Document ID: chunk:federal_register_of_legislation:C2022C00264:clause:11_244:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: clause
Provision Reference: sch 11 cl 244 (pt 1/2)
Character Range: 763112–765708

244  Election to join Public Sector Superannuation Scheme
 (1) Subject to this section, an eligible employee who is not precluded by or under the Superannuation Act 1990 (other than by paragraph 6(2)(a) of that Act) from being a member of the Public Sector Superannuation Scheme may, in writing addressed to CSC:
 (a) declare that he or she wishes to become a member of that scheme; and
 (b) elect to cease to be an eligible employee.
 (2) An eligible employee may not make an election and declaration under subsection (1) during any period when the eligible employee is absent from duty on leave of absence without pay.
 (2A) An eligible employee, after the termination of a period mentioned in subsection (2), may only make an election and declaration under subsection (1) if that period commenced before 1 July 1991.
 (2B) An eligible employee may not make an election and declaration under subsection (1) during any period when the eligible employee:
 (a) is a person to whom Part IV of the Public Service Act 1922, or the Officers' Rights Declaration Act 1928, applies other than such a person who during that period is:
 (i) employed by the Commonwealth otherwise than under the Public Service Act 1922; or
 (ii) employed by an approved authority for the purposes of the Superannuation Act 1990; or
 (iii) the holder of a statutory office; or
 (b) is an approved person for the purposes of Part IV of the Commonwealth Legal Aid Act 1977.
 (2C) Subject to subsection (2D), an eligible employee:
 (a) mentioned in paragraph (2B)(a) who ceases to be a person to whom Part IV of the Public Service Act 1922 applies; or
 (b) who ceases to be an approved person for the purposes of Part IV of the Commonwealth Legal Aid Act 1977;
may only make an election and declaration under subsection (1) after so ceasing if the eligible employee became before 1 July 1991:
 (c) a person to whom Part IV of the Public Service Act 1922 applies; or
 (d) an approved person for the purposes of Part IV of the Commonwealth Legal Aid Act 1977;
as the case may be.
 (2D) Subsection (2C) does not apply to a person to whom Part IV of the Public Service Act 1922 applies if the person immediately before becoming such a person was a person to whom the Officers' Rights Declaration Act 1928 applied.
 (2E) A person who, immediately before becoming an eligible employee, was a person to whom invalidity pension was, or but for a suspension of payment would have been, payable under the Superannuation Act 1976 may only make an election and declaration under subsection (1) if the person became entitled to that pension