Document ID: chunk:federal_register_of_legislation:C2017A00068:clause:1_7:p1
Version: federal_register_of_legislation:C2017A00068
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 1/2)
Character Range: 4375–7044

7  At the end of section 18
Add:

Former Commonwealth ordinary employer‑sponsored member
 (7) Subject to subsections (8) and (9), if:
 (a) at a particular time (the relevant time), a person is a member of PSSAP; and
 (b) the person was previously an ordinary employer‑sponsored member of PSSAP under one or more of subsections (2), (3) and (5); and
 (c) the person previously would have been eligible to become a member of PSSAP because of particular employment or holding one or more particular offices, where the periods of any such employment, and the periods of holding any such office, taken together constituted a continuous period of at least 12 months; and
 (d) at the relevant time, none of subsections (2), (3) and (5) apply to the person in respect of any employment of the person or any holding of an office by the person; and
 (e) at the relevant time, the person is in particular employment or holds a particular office; and
 (f) at the relevant time, assuming that the person's employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on subsection 32C(1) of that Act to satisfy the choice of fund requirements in relation to the contribution; and
 (g) at the relevant time, the person's salary or wages (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of making a calculation under section 19 of that Act; and
 (h) the person has elected, in a form approved by the CSC and given to the CSC, for this subsection to apply in respect of the employment or the holding of the office referred to in paragraph (e);
the person is an ordinary employer‑sponsored member of PSSAP in respect of the employment or the holding of the office referred to in paragraph (e).
Note: A person who is an ordinary employer‑sponsored member of PSSAP under this subsection is known as a former Commonwealth ordinary employer‑sponsored member.
 (8) To avoid doubt, paragraph (7)(e) does not apply to a person who is a member of the Defence Force by reason only of the person being a member of the Defence Force.
 (9) A person cannot be an ordinary employer‑sponsored member of PSSAP under subsection (7) if the person is included in a class of persons determined in an instrument under subsection (10).
 (10) The Minister may, by legislative instrument, determine a class of persons for the purposes of subsection (9).
 (11) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act