Document ID: chunk:federal_register_of_legislation:F2022C00504:reg:7:p4
Version: federal_register_of_legislation:F2022C00504
Segment Type: reg
Provision Reference: reg 7 (pt 4/5)
Character Range: 21883–24626

not:
 (A) persons who were precluded by or under the Superannuation Act 1990 (other than by paragraph 6(2)(a) of that Act) from being members of the Public Sector Superannuation Scheme; or
 (B) persons to whom Part IV of the Public Service Act applied, other than persons who were:
 (I) employed by the Commonwealth otherwise than under the Public Service Act; or
 (II) employed by an approved authority for the purposes of the Superannuation Act 1990; or
 (III) the holders of statutory offices;
 (m) persons who hold office as Judges of the Federal Circuit and Family Court of Australia (Division 2);
 (n) persons who become employed by ACTEW Corporation Limited after the commencement of this Declaration, and to whom one of the following subparagraphs applies, who request in writing, within 28 days after becoming so employed, not to be treated as an eligible employee:
 (i) a person who, immediately before becoming so employed, was an eligible employee;
 (ii) a person to whom a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of those sections was payable, or would have been payable if payment had not been suspended, immediately before becoming so employed;
 (iii) a person to whom invalidity pension under the Act was payable, or would have been payable if payment had not been suspended, immediately before becoming so employed;
 (iv) a person to whom deferred benefits under the Act or the superseded Act were applicable immediately before becoming so employed;
 (v) a person who, because of the person's employment with ACTEW Corporation Limited, is a re‑employed former contributor with preserved rights;
 (o) persons who:
 (i) are Mersey Hospital APS Employees as defined in the Determination made under subsection 24(3) of the Public Service Act 1999 on 30 October 2007 as amended from time to time; and
 (ii) immediately before becoming such employees were not eligible employees;
 (p) persons:
 (i) who are employed by ASIC; and
 (ii) who became employed by ASIC in the period between 2 July 2019 and the day before the day on which the Superannuation Legislation (CSS and PSS Membership Eligibility—ASIC Employees) Amendment Declaration 2022 commences; and
 (iii) to whom deferred benefits are applicable under the Act; and
 (iv) who have not requested, in a form approved by CSC and given to CSC, to be treated as eligible employees.
 (3) Subject to subsection (4), if:
 (a) at any time from 1 June 1996 to 31 August 1996 (inclusive) any of the following special circumstances applied to a person:
 (i) the person was absent from duty on leave without pay;
 (ii) the person was precluded under the Superannuation Act 1990 (other than under paragraph 6(2)(a)