Document ID: chunk:federal_register_of_legislation:F2005C00110:body:0:p19
Version: federal_register_of_legislation:F2005C00110
Segment Type: other
Provision Reference: 
Character Range: 42891–45420

in that employment or in other employment that is not casual employment or temporary part-time employment and that is:
 (i) if the repatriation institution was, on the relevant day, operated by a State — other employment by that State, or employment by an authority of that State; or
 (ii) if the repatriation institution was, on the relevant day, operated by an authority of a State — other employment by that authority, or employment by that State or another authority of that State; and
 (e) does not become a member of a State superannuation scheme except, in the case of a person to whom, under subregulation (1A), this paragraph applies, a State superannuation scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.

 (1A) For the purposes of paragraph (1) (e), a person is taken to be a person to whom the paragraph applies if he or she is employed under terms and conditions that enable the person to choose whether to take part of his or her remuneration in a non-monetary form (which may be in the form of a top-up arrangement).

 (2) Subregulation (1) does not apply if the Minister signs a certificate for the purposes of this regulation that there are no arrangements, satisfactory to the Minister, in respect of the payment by the State or the authority of a State referred to in paragraph (1) (d) to the Commonwealth for the provision of superannuation under the Act for the person.

4 When s 14A of the Act no longer applies

 (1) The time fixed, for the purposes of subsection 14A (2) of the Act, in relation to a relevant person who:
 (a) is a person to whom Division 3 of Part IV of the Public Service Act applies;
 (b) but for his being a relevant person, would not be an eligible employee; and
 (c) either:
 (i) makes, by notice in writing to the Commissioner or to a person authorized by the Commissioner for the purposes of this regulation, an election to cease to be a person to whom section 14A of the Act applies; or
 (ii) without previously making an election of the kind referred to in subparagraph (i), becomes a member of a superannuation scheme applying in relation to his employment, other than:
 (A) the scheme provided for by the Act; or
 (B) a scheme to which contributions are made in respect of the person only in relation to performance pay; or
 (C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;
is