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1995 No. 437 SUPERANNUATION (CSS) ELIGIBLE EMPLOYEES REGULATIONS (AMENDMENT) - REG 3

3. Regulation 4 (Persons not included in definition of "eligible employee")
3.1 Subregulation 4 (1): Add at the end:

"; (zo) persons who, in writing addressed to the Board, within the period
specified in subregulation (7):

        (i)    declared that they wished to become members of the Public
               Sector Superannuation Scheme; and

        (ii)   elected to cease to be eligible employees; and, at the time of
               making that declaration and election, were not:

        (iii)  persons who were precluded by or under the Superannuation  Act
               1990 (other than by paragraph 6 (2) (a) of that Act) from being
               members of the Public Sector Superannuation Scheme; or

        (iv)   persons to whom Part IV of the Public Service Act applied,
               other than persons who were:

                (A)  employed by the Commonwealth otherwise than under the
                     Public Service Act; or

                (B)  employed by an approved authority for the purposes of the
                     Superannuation Act 1990; or

                (C)  the holders of statutory offices.".

3.2 Add at the end:

"(7) Subject to subregulations (8) and (9), the period specified for the
purposes of paragraph (1) (zo) is the period from 1 March 1996 to 31 August
1996 (inclusive).

"(8) If:

   (a)  at any time during the period from 1 June 1996 to 31 August 1996
        (inclusive) any of the following special circumstances applies to a
        person:

        (i)    the person is absent from duty on leave without pay;

        (ii)   the person is precluded by or under the Superannuation Act 
               1990 (otherwise than by paragraph 6 (2) (a) of that Act) from
               being a member of the Public Sector Superannuation Scheme;

        (iii)  the person is a person to whom Part IV of the Public Service
               Act applies, other than a person who is:

                (A)  employed by the Commonwealth otherwise than under the
                     Public Service Act; or

                (B)  employed by an approved authority for the purposes of the
                     Superannuation Act 1990; or

                (C)  the holder of a statutory office; and

   (b)  the person does not make a declaration and election referred to in
        paragraph (1) (zo) before 1 September 1996; the period specified for
        the purposes of that paragraph is the period commencing on 1 September
        1996 and ending at the end of the period of 3 months commencing:

   (c)  in the case of a person to whom none of those special circumstances
        applies on 31 August 1996-on the last day before 1 September 1996 on
        which none of those special circumstances applies to the person; or

   (d)  in the case of a person to whom any of those circumstances applies on
        31 August 1996-on the first day after 31 August 1996 on which none of
        those circumstances applies to the person.

"(9) The period specified for the purposes of paragraph (1) (zo) is:

   (a)  in the case of a person who, immediately before becoming an eligible
        employee, was a person to whom invalidity pension was, or but for a
        suspension of payment, would have been, payable under the Act before
        31 August 1996-the period from 1 March 1996 to the later of 31 August
        1996 or the day 3 months after the day when the person became an
        eligible employee; or

   (b)  in the case of a person who became an eligible employee after 31 May
        1996 and is not a person to whom subparagraph (8) (a) (ii) or
        paragraph (a) applies-the period of 3 months commencing on the day
        when the person became an eligible employee.". 


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