Document ID: chunk:federal_register_of_legislation:C2022C00262:section:6:p4
Version: federal_register_of_legislation:C2022C00262
Segment Type: section
Provision Reference: s 6 (pt 4/5)
Character Range: 24358–26939

person is not a member of that scheme by force of subsection (1); and
 (b) at the relevant time:
 (i) the person is an APS employee; or
 (ii) the person is specified in a written determination made by the Minister under this subparagraph; and
 (c) the person became an APS employee or a person covered by the determination, as the case may be, on or after 1 July 2006; and
 (d) immediately before the person became an APS employee or a person covered by the determination, as the case may be:
 (i) the person was a former member of the Public Sector Superannuation Scheme (other than as a result of an election under section 6B) in respect of whom a preserved benefit under that scheme has not yet been paid; or
 (ii) the person was a PSS invalidity pensioner; or
 (iii) the person was covered by paragraph (2)(ba); and
 (e) at the relevant time, there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992); and
 (f) assuming that:
 (i) the person were to become a member of the Public Sector Superannuation Scheme; and
 (ii) the person's employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a contribution to the Public Sector Superannuation Scheme at the relevant time for the benefit of the person;
  the employer would rely on a provision mentioned in subsection (5A) to satisfy the choice of fund requirements in relation to the contribution.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
 (5A) For the purposes of paragraph (5)(f), the provisions are:
 (a) subsection 32C(2) or (6) of the Superannuation Guarantee (Administration) Act 1992; or
 (b) subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(i) or (ii) of that Act applies.
 (6) Despite subsection (5), a person is not a member of the Public Sector Superannuation Scheme by force of that subsection if the person is:
 (a) an eligible employee for the purposes of the Superannuation Act 1976; or
 (b) a person to whom the Judges' Pensions Act 1968 applies; or
 (c) covered by a declaration under paragraph (2)(c); or
 (d) specified in a written determination made by the Minister under this paragraph.
 (7) A determination under subparagraph (5)(b)(ii) or paragraph (6)(d) is a legislative instrument.
 (8) 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 an instrument under subparagraph (5)(b)(ii) or paragraph (6)(d) of this section.