Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:16:p20
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 16 (pt 20/106)
Character Range: 151172–153877

benefits may be combined (see Rules 8.5.4, 8.5.5 and 8.5.6).
          Note: Separate benefits may be payable in respect of periods of concurrent membership and in respect of membership and concurrent preserved benefit membership.

Choosing to cease PSS membership
2.1.8 For the purposes of subsection 6B(1) of the Superannuation Act 1990, the phrase a member who is making member contributions includes, but is not limited to:
         (a) a member who is making member contributions to the PSS Fund at a rate of between 2% and 10% (inclusive);
         (b) a member who is not contributing to the PSS Fund because they are permitted to contribute at a rate of 0% in accordance with the Rules; and
         (c) a maximum benefits member,

but does not include a preserved benefit member.

   Note:  Section 6B of the Superannuation Act 1990 generally allows a "contributory" member (but also includes a maximum benefits member) of the PSS to make an election to cease to be a member of the scheme.  A member who is on a period of leave without pay who cannot pay contributions under the Rules may be able to make such an election when the relevant period of leave has ended.  A preserved benefit member may also be able to make such an election if they return to contributory membership in the future.
   Where a member or a maximum benefits member makes such an election, they will not be able to return to membership of the PSS in respect of any current membership, or any former membership where they have a preserved benefit in the scheme.

Division 2

Unsuccessful candidates at Parliamentary elections
2.2.1 A person who ceases membership on the voluntary termination of his/her appointment or employment to become a candidate at a Parliamentary election is deemed not to have ceased to be a member, provided he/she:
    (a) ceased membership within 6 months before nominations for the election closed; and
    (b) was a candidate at the election and failed to be elected; and
         (c) again becomes a member as a result of a job application made within 2 months of the election result being declared.
2.2.2 A person who dies or becomes physically or mentally incapacitated after ceasing membership to contest a Parliamentary election may, where considered appropriate by CSC, in agreement with the Minister, be deemed to have continued to be a member to a particular date and to have died or retired on invalidity grounds while a member.
2.2.3 A person who is deemed under this Division not to have ceased to be a member:
         (a) is not entitled to any benefits that were payable when he/she ceased membership to contest the election; and
    (b) must repay within a reasonable period