Document ID: chunk:federal_register_of_legislation:C2022C00286:section:13:p1
Version: federal_register_of_legislation:C2022C00286
Segment Type: section
Provision Reference: s 13 (pt 1/2)
Character Range: 20584–23268

13  Eligibility for membership of PSSAP
 (1) A person is eligible to become a member of PSSAP if:
 (a) subject to subsections (2) and (3), the person is:
 (i) a public sector employee; or
 (ii) specified in a written declaration made by the Minister under this subparagraph; or
 (b) subject to subsection (3), the person is an Australian government superannuation scheme member; or
 (c) subject to subsection (3), the person is a former Australian government superannuation scheme member; or
 (d) the person was a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) at a time after the commencement of the Superannuation Amendment (PSSAP Membership) Act 2020 but is no longer such a member or eligible employee.
Note: Subparagraph (1)(a)(ii)—for specification by class, see subsection 13(3) of the Legislation Act 2003.
 (2) A person is not eligible to become a member of PSSAP if:
 (a) the person is a member of PSS (other than a member of the PSS who has made an election under section 6B of the Superannuation Act 1990); or
 (b) the person is a former member of PSS in respect of whom a preserved benefit under PSS has not yet been paid; or
 (c) the person is a PSS invalidity pensioner (within the meaning of the Superannuation Act 1990); or
 (d) the person is entitled to make an election under section 7 or 8 of the Superannuation Act 1990 that would result in the person becoming a member of PSS; or
 (e) the person is an eligible employee for the purposes of the Superannuation Act 1976; or
 (f) the person is a person to whom the Judges' Pensions Act 1968 applies; or
 (g) the person is covered by paragraph 6(2)(ba) of the Superannuation Act 1990; or
 (h) the person is specified in a written declaration made by the Minister under this paragraph.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
 (3) A person is not eligible to become a member of PSSAP before 1 July 2005.

Declarations
 (4) A declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) is a legislative instrument.
 (5) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) of this section.
 (6) A declaration under subparagraph (1)(a)(ii) may be expressed to commence on a day not earlier than 12 months before the making of the declaration.
 (7) If:
 (a) a declaration is made under subparagraph (1)(a)(ii); and
 (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or