Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:16:p86
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 16 (pt 86/106)
Character Range: 344651–347571

Savings provisions
6.8.5 A declaration in relation to an eligible superannuation scheme made under the Rules of the PSS scheme in force prior to 1 July 1994 is to be taken to be an agreement made under the Rules as amended in the Eighth Amending Deed dated 28 June 1994.

Transfer to an eligible superannuation scheme — member
6.8.6 A member who ceases membership, except on invalidity retirement, and becomes a member of an eligible superannuation scheme may choose, within such period as CSC allows, to transfer his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member to that eligible superannuation scheme providing:
         (a) the scheme is not also an approved superannuation scheme and the person becomes a member of the scheme within a period determined by the Minister under subsection 33C(2) of the Superannuation Act 1990; or
         (b) the scheme is not also an authorised superannuation scheme and the person becomes a member of the scheme within a period determined by the Minister under subsection 33G(2) of the Superannuation Act 1990.

Transfer to an eligible superannuation scheme — preserved benefit member
6.8.7 A preserved benefit member who becomes a member of an eligible superannuation scheme may choose to transfer his/her preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable in respect of him/her to the eligible superannuation scheme unless he/she has been paid some of his/her accumulated member contributions (other than a refund of an Excess Contribution Multiple).  Where such a choice is made, the benefit is payable to the eligible superannuation scheme under Rule 8.1.1 provided the requirements of Rule 6.8.8 are satisfied.

Conditions of transfer to an eligible superannuation scheme
6.8.8 A choice made under Rule 6.8.6 or 6.8.7 to transfer benefits to an eligible superannuation scheme will only have effect if:
         (a) the former member or preserved benefit member becomes employed in public employment; and
         (b) joins an eligible superannuation scheme that is applicable in relation to people employed in that employment; and
         (c) the administrators of the eligible superannuation scheme accept the benefit.
         Otherwise, the Rules are to be applied as if the choice had not been made.

6.8.8A Public employment for the purposes of Rule 6.8.8 is employment, whether within or outside Australia, by:
         (a) the Commonwealth; or
         (b) the States; or
         (c) the Administration of a Territory; or
         (d) an authority or other body, being:
                (i) a body corporate incorporated for a public purpose by an Act, or State Act, regulations made under an Act, or State Act, or a law of a Territory; or
                (ii) an authority or body, not being a body corporate, established for a public