Document ID: chunk:federal_register_of_legislation:F2021C01111:reg:4:p1
Version: federal_register_of_legislation:F2021C01111
Segment Type: reg
Provision Reference: reg 4 (pt 1/17)
Character Range: 6833–9515

4  Persons not included in definition of eligible employee
 (1) For the purposes of paragraph (j) of the definition of eligible employee in subsection 3(1) of the Act, each of the following classes of persons is a prescribed class of persons:
 (a) persons (including persons specified in a direction given under section 11, 12 or 13 of the Act) who:
 (i) are employed by an approved authority, whether in a permanent capacity or otherwise; and
 (ii) are members of a superannuation scheme applying to persons employed by that approved authority, other than:
 (A) a scheme to which contributions are made in relation to those persons only in relation to performance pay; or
 (B) in the case of a person to whom, under subregulation (2), this sub‑subparagraph applies—a scheme of which the person is taken, under subregulation (3), to be a member for top‑up purposes;
  or are required by the terms and conditions of their employment to become (subject to compliance with, or fulfilment of, any conditions or requirements relating to membership of the scheme) members of a scheme of that kind; and
 (iii) are not eligible to be paid a mobility allowance for a reason other than the amount of income that the person is receiving;
 (aa) persons (including persons specified in a direction given under section 14 of the Act) who:
 (i) are the holders of a statutory office; and
 (ii) are members of a superannuation scheme applying to holders of that office, other than:
 (A) a scheme to which contributions are made in relation to those persons only in relation to performance pay; or
 (B) in the case of a person to whom, under subregulation (2), this sub‑subparagraph applies—a scheme of which the person is taken, under subregulation (3), to be a member for top‑up purposes;
  or are required by the terms and conditions of their appointment to become (subject to compliance with, or fulfilment of, any conditions or requirements relating to membership of the scheme) members of a scheme of that kind; and
 (iii) are not on leave of absence without pay from that office; and
 (iv) are not eligible to be paid a mobility allowance for a reason other than the amount of income that the person is receiving;
 (b) persons who:
 (i) immediately before the commencement of the Act, were employed by an approved authority in a permanent capacity and have continued to be, and are, such employees;
 (ii) immediately before the commencement of the Act, were not employees for the purposes of the superseded Act;
 (iii) immediately before the commencement of the Act, were not members of a superannuation scheme applying to persons employed by that approved authority and have not, at any time