Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Section 3 (paragraph beginning "A former public sector employee")
Omit "continue to".
2 Subsection 4(1)
Insert:
"eligible CSS/PSS member or former member " means a person who is an ordinary employer-sponsored member of PSSAP under subsection 18(8A).
"eligible PSSAP member " means a person who is an ordinary employer-sponsored member of PSSAP under subsection 18(7).
3 Subsection 4(1) (definition of former Commonwealth ordinary employer-sponsored member )
Repeal the definition.
4 After paragraph 13(1)(c)
Insert:
; or (d) the person was a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976 ) at a time after the commencement of the Sup erannuation Amendment (PSSAP Membership) Act 2020 but is no longer such a member or eligible employee.
5 Paragraph 17(1)(a)
Omit "(except a former Commonwealth ordinary employer-sponsored member)", substitute "within the meaning of subsection 18(2), (3) or (5)".
6 Subsection 17(2) (note 2)
Omit "a former Commonwealth ordinary employer-sponsored member", substitute "an eligible PSSAP member or an eligible CSS/PSS member or former member".
7 Subsection 18(1)
Omit "4", substitute "5".
8 Subsections 18(7) and (8)
Repeal the subsections, substitute:
Eligible PSSAP member
(7) Subject to subsections (8) and (9), if:
(a) at a particular time, a person is a member of PSSAP; and
(b) the person is, or previously was, an ordinary employer-sponsored member of PSSAP under one or more of subsections (2), (3) and (5); and
(c) the person is, or previously would have been eligible to become, a member of PSSAP because of particular employment or holding one or more particular offices, where the periods of any such employment, and the periods of holding any such office, taken together constitute or constituted a continuous period of at least 12 months;
the person is an ordinary employer-sponsored member of PSSAP.
Note: A person who is an ordinary employer-sponsored member of PSSAP under this subsection is known as an eligible PSSAP member.
(8) If:
(a) subsection (2), (3) or (5) applies to a person in respect of any employment of the person or any holding of an office by the person; or
(b) a person is, or would be able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976 ) in respect of any employment of the person or any holding of an office by the person;
the person is not an ordinary employer-sponsored member of PSSAP under subsection (7) in respect of that employment or the holding of that office.
Eligible CSS/PSS member or former member
(8A) Subject to subsections (8B) and (9), if:
(a) at a particular time, a person is a member of PSSAP; and
(b) the person is, or previously would have been able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976 ) because of particular employment or holding one or more particular offices, where the periods of any such employment, and the periods of holding any such office, taken together constitute or constituted a continuous period of at least 12 months; and
(c) either:
(i) the person was a former Australian government superannuation scheme member at the time the Superannuation Amendment (PSSAP Membership) Act 2020 commences; or
(ii) the person is a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976 ) at any time on or after the day the Superannuation Amendment (PSSAP Membership) Act 2020 commences;
the person is an ordinary employer-sponsored member of PSSAP.
Note: A person who is an ordinary employer-sponsored member of PSSAP under this subsection is known as an eligible CSS/PSS member or former member.
(8B) If:
(a) subsection (2), (3) or (5) applies to a person in respect of any employment of the person or any holding of an office by the person; or
(b) a person is, or would be able to become, a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976 ) in respect of any employment of the person or any holding of an office by the person; or
(c) paragraph 6(2)(ba) of the Superannuation Act 1990 applies to a person in respect of any employment of the person or any holding of an office by the person;
the person is not an ordinary employer-sponsored member of PSSAP under subsection (8A) in respect of that employment or the holding of that office.
9 Before subsection 18(9)
Insert:
Minister may determine class of excluded persons
10 Subsection 18(9)
After "subsection (7)", insert "or (8A)".
11 Paragraph 19(1)(a)
Omit "in respect of particular employment or the holding of a particular office".
12 Subsection 19(2) (table item 5A)
Repeal the item, substitute:
| 5A | the person is: (a) an eligible PSSAP member; or (b) an eligible CSS/PSS member or former member | if the person has an employer--the employer. |
13 Paragraph 42(1)(a)
Omit "(except a former Commonwealth ordinary employer-sponsored member)", substitute "within the meaning of subsection 18(2), (3) or (5)".
14 Paragraph 43(1)(b)
Omit "(except a former Commonwealth ordinary employer-sponsored member)", substitute "within the meaning of subsection 18(2), (3) or (5)".