Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:16:p76
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 16 (pt 76/106)
Character Range: 318646–321585

(ii) roll‑over the balance of his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member; or

             (iii) if the balance is 50% or more of his/her final benefit accrual, convert the balance into a pension; or"
    (b) to take his/her final benefit accrual as a pension; or
         (c) to roll‑over his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member; or
         (d) to combine his/her final benefit accrual with the benefit accruing under another current period of membership, provided the combined benefit does not exceed his/her maximum benefit (see Rules 5.2.20 and 5.3.20);

unless:

         (A) he/she ceases membership on the sale or transfer of all or part of an organisation, business, service, asset or function (see Division 6 of Part 6); or
         (B) he/she transfers his/her benefits to an eligible superannuation scheme (see Rule 6.8.6), or joins an approved superannuation scheme (see Rule 6.8.10) or an authorised superannuation scheme (see Rule 6.8.11).

6.3.3A For the purposes of Rule 6.3.3(a) where:
         (a) the SIS Act permits the total of the final benefit accrual to be paid in cash, the lump sum is the final benefit accrual in respect of the member plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member; or
         (b) the SIS Act does not permit the total of the final benefit accrual to be paid in cash, the lump sum is the amount of the final benefit accrual in respect of the member permitted to be paid in cash under the SIS Act.

Division 4

Eligibility for involuntary retirement benefit — appointment or employment not renewed
6.4.1 A member appointed or employed as a fixed‑term employee is entitled to involuntary retirement benefits when the term of his/her appointment or employment ends if:
         (a) his/her employment status immediately prior to the appointment or employment now ended met the description in one of the categories in the Table — Previous Employment Status of Fixed‑term Employee below; and
         (b) he/she was eligible to be re‑appointed to, or re‑employed in, the office or position; and
         (c) he/she desired to be re‑appointed or re‑employed; but
         (d) he/she was not re‑appointed or re‑employed.

The fixed‑term employee is deemed to have retired involuntarily for the purposes of the Rules if he/she meets these criteria, unless:

         (A) his/her appointment or employment document, or
         (B) the terms or conditions of appointment or employment,

provide that involuntary retirement benefits for the purposes of the PSS scheme are not applicable.

Table — Previous Employment Status of Fixed‑term Employee
Employment status immediately preceding the appointment or employment now ended

  Was a Secretary or