Document ID: chunk:federal_register_of_legislation:C2022C00262:section:6:p3
Version: federal_register_of_legislation:C2022C00262
Segment Type: section
Provision Reference: s 6 (pt 3/5)
Character Range: 21983–24571

pensioner; or
 (d) the following conditions are satisfied:
 (i) at the end of 30 June 2005, the person was the holder of a statutory office (other than the holder of such an office to whom paragraph (1)(e) or (f) applies);
 (ii) the person has made an election under section 7 in relation to that office;
 (iii) the election was made during a term of appointment that included 30 June 2005;
 (iv) at the relevant time, the person is the holder of that office; or
 (e) the following conditions are satisfied:
 (i) at the end of 30 June 2005, the person was a temporary employee in relation to particular employment (other than a temporary employee to whom paragraph (1)(e) or (f) applies);
 (ii) the person has made an election under section 8 in relation to that employment;
 (iii) the election has taken effect at or before the relevant time;
 (iv) if the person's employment is for a fixed term—the election was made during a term of employment that included 30 June 2005, and the relevant time occurs in that term;
 (v) if the person's employment is not for a fixed term—the election was made during a period of employment that included 30 June 2005, and the relevant time occurs in that period of employment; or
 (f) the following conditions are satisfied:
 (i) on a particular date before 1 July 2005, the person was a temporary employee (other than a temporary employee to whom paragraph (1)(e) or (f) applies);
 (ii) on that date, the person made an election under section 8 in relation to that employment;
 (iii) the election has taken effect at or before the relevant time;
 (iv) if the person's employment is for a fixed term—the relevant time occurs in that term;
 (v) if the person's employment is not for a fixed term—the relevant time occurs in that period of employment; or
 (g) on or after 1 July 2005, the person makes a declaration and election under section 244 of the Superannuation Act 1976.
Note: Paragraph (a) would cover, for example, a person who is already a member of the Public Sector Superannuation Scheme in respect of a different instance of employment or another office.

Special category of Public Sector Superannuation Scheme membership
 (5) Subject to subsection (6), a person is, by force of this subsection, a member of the Public Sector Superannuation Scheme at a particular time (the relevant time) on or after 1 July 2006 if:
 (a) the 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