Document ID: chunk:federal_register_of_legislation:F2005C00110:body:0:p31
Version: federal_register_of_legislation:F2005C00110
Segment Type: other
Provision Reference: 
Character Range: 70392–72863

(a) declares that he or she wishes to become a member of the Public Sector Superannuation Scheme; and
 (b) elects to cease to be an eligible employee;
and, at the time of making that declaration and election, 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.

 (2) Subject to subregulations (3) and (4), the period specified for the purposes of subregulation (1) is the period from 1 March 1996 to 31 August 1996 (inclusive).

 (3) If:
 (a) at any time during the period from 1 June 1996 to 31 August 1996 (inclusive) any of the following special circumstances applies to a person:
 (i) the person is absent from duty on leave without pay;
 (ii) the person is precluded by or under the Superannuation Act 1990 (otherwise than by paragraph 6 (2) (a) of that Act) from being a member of the Public Sector Superannuation Scheme; and
 (b) the person does not make a declaration and election referred to in paragraph (1) (zo) before 1 September 1996;
the period specified for the purposes of that paragraph is the period commencing on 1 September 1996 and ending at the end of the period of 3 months commencing:
 (c) in the case of a person to whom none of those special circumstances applies on 31 August 1996 — on the last day before 1 September 1996 on which none of those special circumstances applies to the person; or
 (d) in the case of a person to whom any of those circumstances applies on 31 August 1996 — on the first day after 31 August 1996 on which none of those circumstances applies to the person.

 (4) The period specified for the purposes of subregulation (1) is:
 (a) in the case of 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 Act before 31 August 1996 — the period from 1 March 1996 to the later of 31 August 1996 or the day 3 months after the day when the person became an eligible employee; or
 (b) in the case of a person who becomes an eligible employee after 31 May 1996 and is not a person to whom subparagraph (3) (a) (ii) or paragraph (a) applies — the period of 3 months commencing on the day when the person became an eligible employee.

5 Application of Act

 (1) The Act applies, subject to the modifications specified in Schedule 1, to and in relation to a person to whom section 14A of