Document ID: chunk:federal_register_of_legislation:F2021C01111:reg:4:p12
Version: federal_register_of_legislation:F2021C01111
Segment Type: reg
Provision Reference: reg 4 (pt 12/17)
Character Range: 34010–36756

the Superannuation Act 1976; and
 (iii) have not subsequently ceased to be APS employees for the purposes of the Public Service Act 1999; and
 (iv) have not requested, in writing, to be treated as eligible employees;
 (zq) persons who:
 (i) immediately before the commencement of the Parliamentary Service Act 1999, were not eligible employees; and
 (ii) on the commencement of the Parliamentary Service Act 1999, became Parliamentary Service employees for the purposes of that Act and permanent employees for the purposes of the Superannuation Act 1976; and
 (iii) have not subsequently ceased to be Parliamentary Service employees for the purposes of the Parliamentary Service Act 1999; and
 (iv) have not requested, in writing, to be treated as eligible employees;
 (zr) a person who is a Judge of the Federal Circuit and Family Court of Australia (Division 2);
 (zs) a person who becomes employed by ACTEW Corporation Limited after the commencement of this paragraph, and to whom one of the following subparagraphs applies, who requests in writing, within 28 days after becoming so employed, not to be treated as an eligible employee:
 (i) a person who, immediately before becoming so employed, was an eligible employee;
 (ii) a person to whom a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of those sections was, or would have been (but for a suspension of payment), payable immediately before becoming so employed;
 (iii) a person to whom invalidity pension under the Act was, or would have been (but for the suspension of payment), payable immediately before becoming so employed;
 (iv) a person to whom deferred benefits under the Act or the superseded Act were applicable immediately before becoming so employed;
 (v) a person who, because of the person's employment with ACTEW Corporation Limited, is a re‑employed former contributor with preserved rights.
 (2) For the purposes of sub‑subparagraphs 4(1)(a)(ii)(B), 4(1)(aa)(ii)(B) and 4(1)(o)(ii)(B), a person is taken to be a person to whom the relevant sub‑subparagraph applies if he or she holds office or 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).
 (3) For the purposes of those sub‑subparagraphs, a person is taken to be a member of a superannuation scheme for top‑up purposes if, and only if, he or she is a member of the scheme:
 (a) by reason only of a top‑up arrangement; or
 (b) by reason of:
 (i) a top‑up arrangement; and
 (ii) any of the following circumstances:
 (A) contributions are made to the scheme in relation to performance pay;
 (B) the person