Document ID: chunk:federal_register_of_legislation:C2008C00222:section:15:p2
Version: federal_register_of_legislation:C2008C00222
Segment Type: section
Provision Reference: s 15 (pt 2/3)
Character Range: 11622–14293

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 under this subparagraph; and
 (c) the person became an APS employee or a person covered by the determination, as the case may be, on or after 1 July 2006; and
 (d) immediately before the person became an APS employee or a person covered by the determination, as the case may be:
 (i) the person was a former member of the Public Sector Superannuation Scheme in respect of whom a preserved benefit under that scheme has not yet been paid; or
 (ii) the person was a PSS invalidity pensioner; or
 (iii) the person was covered by paragraph (2)(ba); and
 (e) at the relevant time, there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992); and
 (f) assuming that:
 (i) the person were to become a member of the Public Sector Superannuation Scheme; and
 (ii) the person's employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a contribution to the Public Sector Superannuation Scheme at the relevant time for the benefit of the person;
  the employer would rely on subsection 32C(2) or (6) of that Act to satisfy the choice of fund requirements in relation to the contribution.

Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

 (6) Despite subsection (5), a person is not a member of the Public Sector Superannuation Scheme by force of that subsection if the person is:
 (a) an eligible employee for the purposes of the Superannuation Act 1976; or
 (b) a person to whom the Judges' Pensions Act 1968 applies; or
 (c) covered by a declaration under paragraph (2)(c); or
 (d) specified in a written determination made by the Minister under this paragraph.

 (7) A determination under subparagraph (5)(b)(ii) or paragraph (6)(d) is