the person’s accumulated basic contributions; and

the person’s accumulated supplementary contributions (if any);

less, if the person has made an election under section 80B or subsection 136(3A) or if the person’s spouse has made an election under subsection 92(1A), the person’s surcharge deduction amount.

accumulated employer contributions has the meaning given by section 110Q.

accumulated performance pay employee contributions means the sum of: an amount equal to the difference between: (i) the sum of the amounts paid into a declared fund (within the meaning of the Superannuation (Productivity Benefit) Act 1988) in respect of the person under paragraph 11(1)(a) of the Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 6 (Statutory Rules 1993, No. 34); and the sum of any amounts deducted by way of charges or fees from those amounts by the trustee of the fund; and interest on the amount mentioned in paragraph (a).

an amount equal to the difference between:

(i) the sum of the amounts paid into a declared fund (within the meaning of the Superannuation (Productivity Benefit) Act 1988) in respect of the person under paragraph 11(1)(a) of the Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 6 (Statutory Rules 1993, No. 34); and

the sum of any amounts deducted by way of charges or fees from those amounts by the trustee of the fund; and

interest on the amount mentioned in paragraph (a).

accumulated performance pay employer contributions means the sum of: an amount equal to the difference between: (i) the sum of the amounts paid into a declared fund (within the meaning of the Superannuation (Productivity Benefit) Act 1988) in respect of the person under paragraph 11(1)(b) of the Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 6 (Statutory Rules 1993, No. 34); and the sum of any amounts in the nature of income tax relevant to those amounts and any amounts deducted by way of charges or fees from those amounts by the trustee of the fund; and interest on the amount mentioned in paragraph (a).

an amount equal to the difference between:

(i) the sum of the amounts paid into a declared fund (within the meaning of the Superannuation (Productivity Benefit) Act 1988) in respect of the person under paragraph 11(1)(b) of the Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 6 (Statutory Rules 1993, No. 34); and

the sum of any amounts in the nature of income tax relevant to those amounts and any amounts deducted by way of charges or fees from those amounts by the trustee of the fund; and

interest on the amount mentioned in paragraph (a).

accumulated supplementary contributions means an amount equal to the sum of the supplementary contributions that have been, or are deemed to have been, paid, or have become payable, by him or her on or after his or her first day of service and the amount of any interest on those contributions together with, in the case of a person who had previously ceased to be an eligible employee on an occasion earlier than his or her first day of service, any amount that, under section 7A, is to be added to the amount of his or her accumulated supplementary contributions.

age retirement pension means pension payable under Division 1 of Part V.

amount includes a nil amount.

approved authority means:

an authority or other body that is declared by the Minister, by legislative instrument, to be an approved authority for the purposes of this Act and is:

a body corporate incorporated, whether before or after the commencement of this Act, for a public purpose by an Act, regulations made under an Act or a law of a Territory; or

an authority or body, not being a body corporate, established, whether before or after the commencement of this Act, for a public purpose by, or in accordance with the provisions of, an Act, regulations made under an Act or a law of a Territory; or

a company or other body corporate incorporated, whether before or after the commencement of this Act, under a law of the Commonwealth or of a State or Territory, being a body corporate in which the Commonwealth has a controlling interest; or

an authority or body established, whether before or after the commencement of this Act, and whether by or in accordance with the provisions of an Act, regulations made under an Act or a law of a Territory or otherwise, and whether a body corporate or not, being an authority or body which is financed in whole or in substantial part, either directly or indirectly, by moneys provided by the Commonwealth; or

a company or other body corporate incorporated, whether before or after the commencement of this subparagraph, under an Act or a law of a State or Territory, being a company or body corporate in which:

(A) an authority or body referred to in subparagraph (i), (ii), (iii) or (iv), or that is an approved authority because of paragraph (b), has; or

(B) the Commonwealth and one, or more than one, such authority or body together have; or

(C) 2 or more such authorities or bodies together have;

a controlling interest; or

an authority or body that, immediately before the commencement of this Act, was an approved authority for the purposes of the superseded Act other than such an authority or body in relation to which a declaration under subsection (2A) is in force.

approved medical practitioner means a medical practitioner approved by CSC for the purposes of this Act.

approved part-time employee means:

(a) a part-time employee included in a class of part-time employees declared by the Minister, by notice published in the Gazette, to be an approved class of part-time employees for the purposes of this Act; or

a person who:

is the holder of a statutory office; and

performs the duties of the office on a part-time basis;

and is included in a class of such persons declared by the Minister, by notice published in the Gazette, to be an approved class of part-time employees for the purposes of this Act.

APS Agency means an Agency within the meaning of the Public Service Act.

ASIC means the Australian Securities and Investments Commission.

asking a question includes making a request (whether oral or in writing) for information.

associate member means a person who is entitled to a benefit under section 146MB or 146MC.

AWOTE means full-time adult average weekly ordinary time earnings for all persons in .

basic contributions means contributions paid or payable under section 45.

benefit means pension or other benefit payable under this Act, and: (a) includes a release authority lump sum (within the meaning of Taxation Administration Act 1953; butPart IXC) paid in relation to a release authority issued to a person under Subdivision 135-A in Schedule 1 to the does not include a payment made out of the Fund that is required to be made under: (i) a release authority given to CSC under former Income Tax Assessment Act 1997; orsection 292-410 of the (ii) a transitional release authority given to the Board under Income Tax (Transitional Provisions) Act 1997; orsection 292-80B of the (iii) a release authority issued under former item 1 or 2 of the table in subsection 135-10(1) in Schedule 1 to the Taxation Administration Act 1953.

(a) includes a release authority lump sum (within the meaning of Taxation Administration Act 1953; butPart IXC) paid in relation to a release authority issued to a person under Subdivision 135-A in Schedule 1 to the

does not include a payment made out of the Fund that is required to be made under:

(i) a release authority given to CSC under former Income Tax Assessment Act 1997; orsection 292-410 of the

(ii) a transitional release authority given to the Board under Income Tax (Transitional Provisions) Act 1997; orsection 292-80B of the

(iii) a release authority issued under former item 1 or 2 of the table in subsection 135-10(1) in Schedule 1 to the Taxation Administration Act 1953.

benefit classification certificate means a certificate in force in respect of the person under section 16.

Board has the same meaning as in the Superannuation Act 1990.

category 1 deceased pensioner means a deceased pensioner who: before his or her death, was entitled to receive age retirement pension or early retirement pension; and had not elected under section 57AA or 61AB (as the case may be) to be paid that pension at a reduced rate.

before his or her death, was entitled to receive age retirement pension or early retirement pension; and

had not elected under section 57AA or 61AB (as the case may be) to be paid that pension at a reduced rate.

category 2 deceased pensioner means a deceased pensioner who: before his or her death, was entitled to receive age retirement pension or early retirement pension; and had elected under section 57AA or 61AB (as the case may be) to be paid that pension at a reduced rate.

before his or her death, was entitled to receive age retirement pension or early retirement pension; and

had elected under section 57AA or 61AB (as the case may be) to be paid that pension at a reduced rate.

child, in relation to a person who has died, means:

a child of the person, including:

an adopted child, an ex-nuptial child, a foster child, a stepchild or a ward, of the person; and

(ii) someone who is a child of the person within the meaning of the Family Law Act 1975; or

a child of a spouse of the person, including:

an adopted child, an ex-nuptial child, a foster child, a stepchild or a ward, of the spouse; and

(ii) someone who is a child of the spouse within the meaning of the Family Law Act 1975.

commencing day means 1 July 1976.

Commissioner means the Commissioner for Superannuation appointed under section 17, as in force before its repeal by item 183 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011.

contribution day means, subject to section 3A, the Thursday that falls on 8 July 1976, and each succeeding alternate Thursday.

contributions means basic contributions or supplementary contributions.

CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.

CSS means the superannuation scheme established by this Act.

Defence Force Retirement and Death Benefits Act means the Defence Force Retirement and Death Benefits Act 1973.

deferred annuity has the same meaning as in the SIS Act.

designated employer has the meaning given by section 3C.

early retirement pension means pension payable under Division 2 of Part V.

eligible child, in relation to a person who has died and was, at the time of his or her death, an eligible employee or a retirement pensioner, means a person who:

is a child of the deceased person; and

is a person who:

is under the age of 18 years; or

has reached the age of 18 years but is under the age of 25 years and is receiving full-time education at a school, college or university; and

immediately before the deceased person’s death:

was (except where the person is a child of a spouse of the deceased person, but not of the deceased person) living with the deceased person;

was, in the opinion of CSC, wholly or substantially dependent upon the deceased person; or

where the person is a child born after the deceased person’s death—would have been, in the opinion of CSC, living with the deceased person or so dependent if the person had been born before the death of the deceased person.

eligible employee means:

a person who, immediately before the commencement of this Act, was an employee for the purposes of the superseded Act and has continued to be, and is, such an employee; and

a person who is a permanent employee; and

a person who is a temporary employee and is specified in a direction given under section 11 or 13; and

a person who is the holder of a statutory office and is specified in a direction given under subsection 14(1) in relation to that statutory office; and

a person:

who is a temporary employee; or

who is the holder of a statutory office to which he or she was appointed on a full-time basis;

and who, immediately before the commencement of the employment by reason of which he or she is such a temporary employee or his or her appointment to that office, was an eligible employee by virtue of another paragraph of this definition or a previous application of this paragraph; and

a person to whom section 14A of this Act as previously in force applied immediately before that section was repealed; and

(eb) a person who has made an election under Superannuation Act 1990; andsection 6A of the

a person included in a class of persons declared by the Minister, by legislative instrument, to be eligible employees for the purposes of this Act; and

a person:

who is a temporary employee; or

who is the holder of a statutory office;

and to whom, immediately before becoming a temporary employee or the holder of that office, invalidity pension was payable and who is specified in a direction given under subsection 15(1);

but, in relation to a person to whom any of the preceding paragraphs of this definition applies, does not include:

(h) a person to whom the Judges’ Pensions Act 1968 applies; or

a person who, immediately before the commencement of this paragraph, was included in a class of persons that, under the regulations in force at that time, were not eligible employees for the purposes of this Act; or

a person included in a class of persons declared by the Minister, by legislative instrument, not to be eligible employees for the purposes of this Act; or

a person who is a member of a scheme for the provision of superannuation benefits conducted by the Health Insurance Commission; or

a person who is eligible for membership of a scheme referred to in paragraph (k), not being a person who:

within the period, or the appropriate period, prescribed by that scheme for electing to become a member of that scheme, requests CSC, in writing, to direct that the person be treated as an eligible employee for the purposes of this Act; or

at the expiration of the period, or the appropriate period, referred to in subparagraph (i), has not elected to become a member of that scheme; or

a person who, under section 15A, is excluded from this definition.

eligible roll-over fund means a fund in respect of which a declaration by the ISC under section 243 of the SIS Act is in force.

employer component means that part of the benefit that is payable because of: the accumulated performance pay employer contributions of the person; and if the person’s transferable productivity amount was paid to CSC under the trustee of another superannuation entity and then an amount in respect of that transferable productivity amount was paid under section 110SL by that trustee to CSC—the person’s transferable productivity amount.section 110SL or was paid first to

the accumulated performance pay employer contributions of the person; and

if the person’s transferable productivity amount was paid to CSC under the trustee of another superannuation entity and then an amount in respect of that transferable productivity amount was paid under section 110SL by that trustee to CSC—the person’s transferable productivity amount.section 110SL or was paid first to

exempt public sector superannuation scheme has the same meaning as in the SIS Act.

existing contributor means a person who is, or has at any time been, a person referred to in paragraph (a) of the definition of eligible employee in this subsection and who, immediately before the commencing day, was a contributor for the purposes of the superseded Act.

extra spouse’s pension means pension payable under Division 3A of Part VI.

final annual rate of salary, in relation to a person who has ceased to be an eligible employee, means:

if paragraph (b), (c) or (d) does not apply in relation to the person—the person’s annual rate of salary on his or her last day of service; or

if the annual rate of salary by reference to which his or her final basic contribution (including a final basic contribution of nil) was calculated is higher than the rate specified in paragraph (a)—that higher rate; or

if his or her annual rate of salary was higher than the rate referred to in paragraph (a) or (b) at any time on or after:

the anniversary of his or her birth last preceding his or her last day of service; or

where, on or after that anniversary, he or she made an election under section 47 in respect of a reduction in his or her annual rate of salary—the date of the election;

that higher rate; or

if the person on his or her last day of service had, or would have had if that last day of service were the anniversary of his or her birth, an imputed annual rate of salary within the meaning of paragraph 47(1)(b) that was higher than the rate mentioned in paragraph (a), (b) or (c)—that imputed annual rate of salary.

final basic contribution means the fortnightly basic contribution payable by him or her on the contribution day last preceding his or her last day of service, or, if his or her last day of service is a contribution day, payable by him or her on his or her last day of service.

first day of service, in relation to a person who is, or has ceased to be, an eligible employee, means:

except where paragraph (b) applies—the day on which he or she became an eligible employee; or

where the person has become an eligible employee on more than 1 occasion—the day on which he or she last became an eligible employee.

fortnightly rate of salary means an amount equal to one-twenty-sixth of the amount of his or her annual rate of salary.

Fund or Superannuation Fund means the CSS Fund established by this Act.

Fund accumulated employer contributions means the person’s accumulated employer contributions less any part of them that is: a notional interim benefit of the person within the meaning of Part VIA; or interest on that benefit.

a notional interim benefit of the person within the meaning of Part VIA; or

interest on that benefit.

industrial award means an industrial award, determination or agreement made, approved, lodged or registered under a law of the Commonwealth, a State or a Territory.

interest includes negative or zero interest, and accruing, when used in relation to interest, has a corresponding meaning.

invalidity pension means pension payable under Division 4 of Part V, other than partial invalidity pension.

invest means expend moneys with a view to obtaining a present or future financial return (whether by way of income, profit or otherwise).

last day of service, in relation to a person who has ceased to be an eligible employee, means:

except where paragraph (b) applies—the day on which he or she so ceased; or

where the person has ceased to be an eligible employee on more than 1 occasion—the day on which he or she last so ceased.

late short-term marital or couple relationship means a marital or couple relationship between the pensioner and his or her spouse that began: less than 3 years before the pensioner’s death; and after the pensioner became a retirement pensioner and had reached the age of 60 years.

less than 3 years before the pensioner’s death; and

after the pensioner became a retirement pensioner and had reached the age of 60 years.

legal personal representative has the same meaning as in the SIS Act.

marital or couple relationship has the meaning given by section 8A.

maximum retiring age, in relation to a person who is, or has been, an eligible employee, means the age of 65 years or such lesser age as, under the regulations, is the maximum retiring age applicable to him or her or a class of persons in which he or she is, at the relevant time, included.

minimum retiring age means:

in relation to a person who is an eligible employee:

unless subparagraph (ii) applies—the age of 55 years; or

if another age is applicable under the terms and conditions of employment or appointment of the person—the other age; or

in relation to a person who is no longer an eligible employee:

unless subparagraph (ii) applies—the age of 55 years; or

if another age was applicable under the terms and conditions of employment or appointment of the person immediately before the person last ceased to be an eligible employee—the other age.

MSB Act means the Military Superannuation and Benefits Act 1991.

notional interest includes negative or zero notional interest.

orphan pension means pension payable under Division 4 of Part VI.

partial invalidity pension means pension payable under section 77 or 78.

partially dependent child, in relation to a person who has died and was, at the time of his or her death, an eligible employee or a retirement pensioner, means a person:

who is a child (other than an eligible child) of the deceased person; and

to whom either of the following applies:

the person is under the age of 18 years;

the person has reached the age of 18 years but is under the age of 25 years and is receiving full-time education at a school, college or university; and

to or in respect of whom, immediately before the deceased person’s death, the deceased person was voluntarily making, or required by a court to make, regular maintenance payments.

partner: a person is the partner of another person if the two persons have a relationship as a couple (whether the persons are the same sex or different sexes).

pension means any pension payable under this Act.

pension pay day means the Thursday that falls on 1 July 1976, and each succeeding alternate Thursday.

pensioner means a person who is entitled to pension under this Act.

period of contributory service means a period equal to the period (the period of actual service) beginning on the person’s first day of service and ending on the person’s last day of service (less any part of the period of actual service that is: (a) a period of leave of absence in respect of which subsection 51(1) applies to the person; or (b) a period of absence from duty in respect of which subsection 51A(1) of the Superannuation Act 1976 as in force before 1 July 1990 applies to the person; or (c) a period that is taken, under subsection 51A(5) of the Superannuation Act 1976 as in force on and after 1 July 1990, to be a non-contributory period of service for the person; or a period in respect of which the person was not required or permitted to pay contributions because of subsection 3(3); or a period in respect of which benefits did not accrue to the person because of section 55A); together with, if the person had previously ceased to be an eligible employee on an occasion earlier than his or her first day of service, any period that, under section 8, is to be added to his or her period of contributory service. period of prospective service, in relation to a person who, before attaining the age of 65 years or, if his or her maximum retiring age is less than 65 years, before attaining his or her maximum retiring age, ceases to be an eligible employee by reason of having been retired on the ground of invalidity or by reason of death, means the aggregate of: his or her period of contributory service; and the period commencing on the day immediately following his or her last day of service and ending on the day on which he or she will, or but for his or her death, would, attain the age of 65 years or his or her maximum retiring age, whichever is the earlier.

(a) a period of leave of absence in respect of which subsection 51(1) applies to the person; or

(b) a period of absence from duty in respect of which subsection 51A(1) of the Superannuation Act 1976 as in force before 1 July 1990 applies to the person; or

(c) a period that is taken, under subsection 51A(5) of the Superannuation Act 1976 as in force on and after 1 July 1990, to be a non-contributory period of service for the person; or

a period in respect of which the person was not required or permitted to pay contributions because of subsection 3(3); or

a period in respect of which benefits did not accrue to the person because of section 55A);

together with, if the person had previously ceased to be an eligible employee on an occasion earlier than his or her first day of service, any period that, under section 8, is to be added to his or her period of contributory service.

period of prospective service, in relation to a person who, before attaining the age of 65 years or, if his or her maximum retiring age is less than 65 years, before attaining his or her maximum retiring age, ceases to be an eligible employee by reason of having been retired on the ground of invalidity or by reason of death, means the aggregate of:

his or her period of contributory service; and

the period commencing on the day immediately following his or her last day of service and ending on the day on which he or she will, or but for his or her death, would, attain the age of 65 years or his or her maximum retiring age, whichever is the earlier.

permanent employee means a person employed in a permanent capacity by the Commonwealth or by an approved authority, but does not include: a part-time employee who is not an approved part-time employee; or a person who is engaged or appointed for employment outside only, not being a person who is included in a class of persons approved by the Minister, in writing, for the purposes of this definition. plus has a meaning affected by subsection (9).

a part-time employee who is not an approved part-time employee; or

a person who is engaged or appointed for employment outside only, not being a person who is included in a class of persons approved by the Minister, in writing, for the purposes of this definition.

plus has a meaning affected by subsection (9).

profit includes capital profit.

PSS Fund has the same meaning as in the Superannuation Act 1990.

Public Sector Superannuation Scheme has the same meaning as in the Superannuation Act 1990.

Public Service Act means the Public Service Act 1999.

re-employed former contributor with preserved rights has the meaning given by section 4B.

regulated superannuation fund has the same meaning as in the SIS Act.

relevant industrial organization means an organization the members, or a substantial proportion of the members, of which are eligible employees.

retirement pensioner means:

a person to whom age retirement pension, early retirement pension or invalidity pension is payable; or

a person who has ceased to be an eligible employee and has made an election under section 110T.

Rules for the administration of the Public Sector Superannuation Scheme means the rules for the administration of that scheme set out in the Schedule to the deed by which that scheme was established.

Rules for the administration of the Superannuation (1990) Scheme means the rules for the administration of that scheme set out in the Schedule to the deed by which that scheme was established.

SIS Act means the Superannuation Industry (Supervision) Act 1993 and, except in a reference to a particular provision of that Act, includes the regulations in force under that Act.

spouse has a meaning affected by section 8B.

spouse’s pension means pension payable under Division 1, 2 or 3 of Part VI.

statutory office means an office established by an Act, by regulations made under an Act or by a law of a Territory, or an office specified in the regulations as an office that is a statutory office for the purposes of this Act.

stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a partner of the person is the stepchild of the person, if he or she would be the person’s stepchild except that the person is not legally married to the partner.

sum has a meaning affected by subsection (9).

superannuation entity has the same meaning as in the SIS Act.

superannuation guarantee top-up benefit means benefit payable under section 110SE.

superseded Act means the Superannuation Act 1922.

supplementary contributions means contributions paid or payable under section 48.

surcharge debt account means the surcharge debt account kept for the person by CSC under section 16 of the Superannuation Contributions Tax (Assessment and Collection) Act 1997.

surcharge deduction amount, in relation to a person to or in respect of whom benefits become payable under this Act, means the surcharge deduction amount that is specified in the determination made by CSC, under section 80A, in relation to the person.

temporary employee means a person employed, otherwise than in a permanent capacity, by the Commonwealth or by an approved authority, but does not include: a part-time employee who is not an approved part-time employee; or a person who is engaged or appointed for employment outside only, not being a person who is included in a class of persons approved by the Minister, in writing, for the purposes of this definition. total has a meaning affected by subsection (9). transferable productivity amount, in relation to a person whose continuing contributions (within the meaning of the Superannuation (Productivity Benefit) Act 1988) are, or were, held in a declared fund (within the meaning of that Act), means the sum of: an amount equal to the difference between: the sum of the continuing contributions paid into the declared fund; and the sum of any amounts in the nature of income tax relevant to those contributions and any amounts deducted by way of charges or fees from those contributions by the trustee of the declared fund; and interest on the amount mentioned in paragraph (a).

a part-time employee who is not an approved part-time employee; or

a person who is engaged or appointed for employment outside only, not being a person who is included in a class of persons approved by the Minister, in writing, for the purposes of this definition.

total has a meaning affected by subsection (9).

transferable productivity amount, in relation to a person whose continuing contributions (within the meaning of the Superannuation (Productivity Benefit) Act 1988) are, or were, held in a declared fund (within the meaning of that Act), means the sum of:

an amount equal to the difference between:

the sum of the continuing contributions paid into the declared fund; and

the sum of any amounts in the nature of income tax relevant to those contributions and any amounts deducted by way of charges or fees from those contributions by the trustee of the declared fund; and

interest on the amount mentioned in paragraph (a).

Trustee has the same meaning as trustee has in the Superannuation Act 1990.

(1AA) The regulations may make provision for modifying this Act, or a provision of this Act specified in the regulations, in the application of this Act or that provision to and in relation to a person to whom paragraph (ec) of the definition of eligible employee applies or has applied or to and in relation to a prescribed class of persons to whom that paragraph applies or has applied.

who was treated as an eligible employee on or after the specified day; or

from, or in respect of, whom contributions were accepted on or after the specified day.

(1BB) A declaration that is expressed, in accordance with subsection (1A), (1B) or (1BA), to have taken effect from and including a day earlier than the day on which the declaration was signed, is taken to have had effect accordingly.

(1BC) To remove any doubt, a declaration made for the purposes of paragraph (ec) of the definition of eligible employee in subsection (1) may be expressed, to the extent permitted under subsection (1A) or (1B), to have taken effect from and including a day (the effective day) earlier than the day on which that paragraph commenced. If a declaration is so expressed, it is taken to have had, before the day on which that paragraph commenced, the effect that the declaration would have had if that paragraph had been in force from and including the effective day.

(1BD) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration made for the purposes of paragraph (ec) or (j) of the definition of eligible employee in subsection (1) of this section.

a payment of a pension or benefit is taken to be permitted under the SIS Act if:

the payment is permitted by that Act as modified under section 332 of that Act; or

the payment is authorised by an exemption granted by the Commissioner under that Act; and

a benefit is taken to be dealt with in accordance with the SIS Act if:

it is dealt with in accordance with that Act as modified under section 332 of that Act; or

it is dealt with in accordance with an exemption granted by the Commissioner under that Act.

not operating for a public purpose under an Act, regulations made under an Act or a law of a Territory; and

in which none of the following has a controlling interest, namely:

the Commonwealth;

an authority or other body mentioned in paragraph (a) of that definition;

the Commonwealth together with one or more such authorities or bodies;

such an authority or body together with one or more other such authorities or bodies;

the Minister, for the purposes of paragraph (b), may, by legislative instrument, declare that the body is not an approved authority for the purposes of this Act.

the person is taken, for the purposes of this Act, other than paragraph (b), not to have so ceased; but

the person is not required or permitted to pay contributions in respect of the period between the time when the person ceased to be an eligible employee and the time when the person again becomes an eligible employee.

if the person was appointed, and ceased to hold office under the appointment, before 11 May 1989—to have been employed by the Commonwealth at all times from the time of his or her appointment or the commencement of this Act, whichever was the later, until the time when he or she ceased to hold office under the appointment; or

if the person was appointed before 11 May 1989 and did not cease to hold office under the appointment before that day:

to have been employed by the Commonwealth at all times from the time of his or her appointment or the commencement of this Act, whichever was the later, until the time immediately before that day; and

to have been or to be employed by the Australian Capital Territory at all times on and after that day until he or she ceased or ceases to hold office under the appointment; or

if the person was appointed on or after 11 May 1989—to have been or to be employed by the Australian Capital Territory at all times from and including the time of his or her appointment until he or she ceased or ceases to hold office under the appointment.

the medical examination is made in a place that is not in or an external Territory; and

the person is registered or licensed as a medical practitioner under a law of that place that provides for the registration or licensing of medical practitioners.

a provision of this Act involves the calculation of a sum (whether the expression “sum”, “total”, “plus” or any other expression is used); and

the calculation involves negative interest or negative notional interest; and

apart from this subsection, the sum would be less than zero;

the sum is taken to be zero.

CSC and the designated employer may agree in writing that this Act is to apply in relation to the employee as if references to contribution days were references to such days as are stated in, or determined in accordance with, the agreement; and

if such an agreement is made:

the agreement may provide that this Act is to apply in relation to the employee as if references to a fortnight were references to such period as is stated in, or determined in accordance with, the agreement; and

(ii) if the agreement provides as mentioned in subparagraph (i), this Act applies in relation to the employee as if cognate expressions (such as fortnightly) were construed accordingly.

if the employee is a permanent employee or temporary employee but is not an LWOP employee or employed by an approved authority:

if the remuneration in respect of his or her employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act—the Department in respect of which the money is appropriated; or

if the remuneration in respect of his or her employment is paid wholly or mainly out of money appropriated by an Act other than an annual Appropriation Act—a Department determined by the Minister; or

if the employee is the holder of a statutory office but is not an LWOP employee:

if the remuneration in respect of the office is paid by an approved authority—the Authority; or

if subparagraph (i) does not apply—a Department or person determined by the Minister; or

if the employee is employed by an approved authority but is not an LWOP employee—the authority; or

otherwise—a person determined by the Minister.

an APS Agency; or

(b) a Department of the Parliament established under the Parliamentary Service Act 1999.

LWOP employee means an eligible employee who:

(a) is on leave of absence without pay for a period in respect of which the Board has directed, for the purposes of subsection 51(1) of the Superannuation Act 1976 as in force immediately before the commencement of the Superannuation Legislation Amendment Act 1994, that the subsection is not to apply; or

is on leave of absence for a period that:

is more than 12 weeks; and

is an excluded period of leave of absence for the purposes of subsection 51(1); or

is a person to whom section 51A applies and is making contributions in accordance with an election made under subsection (3) of that section.

12 months before the giving of the approval; or

if contributions have been accepted before the start of that period of 12 months from, or in respect of, the person to whom the approval relates—the earliest day on which contributions were so accepted.

a Minister makes a determination under an Act in respect of the remuneration of a person appointed under that Act; or

(b) the Presiding Officers (within the meaning of the Parliamentary Service Act 1999) make a determination under that Act in respect of the remuneration of a person appointed under that Act; or

(c) a determination is made under the Remuneration Tribunal Act 1973 in respect of the remuneration of a person;

and an annual rate of salary of the person can be ascertained under the determination. (To avoid doubt, subsection (3AC) applies whether a determination is expressed to apply to a person or an office.)

(3AC) Despite subsections (1), (2) and (3), for the purposes of the application of this Act on a particular day, the annual rate of salary of the person is the annual rate of salary ascertained for the purposes of this Act under the determination on that day.

the Australian Statistician has published, at or before the later time, an estimate or successive estimates of the change or changes (expressed as a percentage or percentages) in AWOTE in respect of the period between the relevant earlier time and the later time; and

the estimate or estimates show an overall increase (expressed as a percentage) in those earnings over that period, or over the part of that period in respect of which the estimate or estimates were published;

the annual rate of salary payable to the person at the later time is taken to be the annual rate of salary worked out under subsection (3B) or (3C), as the case requires, increased by that percentage.

where the rate is a weekly rate—by multiplying the weekly rate by 52;

where the rate is a monthly rate—by multiplying the monthly rate by 12; and

in any other case—in such manner as is prescribed.

a person is engaged in more than one employment; and

either:

in relation to more than one of those employments the person is an eligible employee; or

in relation to any such employment, the person would, if that were the person’s only employment, be an eligible employee or entitled to request that a direction be given under section 11, 13 or 14;

this Act has a separate operation in respect of the person in relation to any employment in relation to which the person is an eligible employee, or any employment mentioned in subparagraph (b)(ii), as if that were the person’s only employment.

is an eligible employee and on leave of absence without pay from particular employment; and

while on such leave engages in other employment;

is not, for the purposes of this section, because of engaging in that other employment, taken to be engaged in 2 different employments.

a person ceases to be an eligible employee and, upon his or her so ceasing, invalidity pension becomes payable to him or her in accordance with section 67 or 70; and

his or her entitlement to the pension is cancelled under subsection 76(1) upon his or her again becoming an eligible employee;

then, upon his or her next ceasing to be an eligible employee, there shall be added to the amount that, but for this subsection, would be the amount of his or her accumulated basic contributions an amount equal to the amount paid to the Fund under subsection 112(5) in respect of the person upon his or her again becoming an eligible employee as referred to in paragraph (b), plus interest on the amount.

a person ceases to be an eligible employee and, upon his or her so ceasing, deferred benefits become applicable in relation to him or her by virtue of Division 3 of Part IX;

a deferred benefit does not become payable to him or her; and

those deferred benefits cease, by virtue of paragraph 144(1)(b), to be applicable in relation to the person upon his or her again becoming an eligible employee;

then, upon his or her next ceasing to be an eligible employee:

there shall be added to the amount that, but for this subsection, would be the amount of his or her accumulated basic contributions an amount equal to the amount that was his or her accumulated basic contributions upon his or her ceasing to be an eligible employee as referred to in paragraph (a), plus interest on the amount; and

there shall be added to the amount that, but for this subsection, would be the amount of his or her accumulated supplementary contributions an amount equal to the amount that was his or her accumulated supplementary contributions upon his or her ceasing to be an eligible employee as referred to in paragraph (a), plus interest on the amount; and

there shall be added to the amount that, but for this subsection, would be the amount of the person’s Fund accumulated employer contributions an amount equal to the amount that was the person’s Fund accumulated employer contributions upon the person ceasing to be an eligible employee as referred to in paragraph (a), plus interest on the amount.

a person ceases to be an eligible employee and, upon his or her so ceasing, deferred benefits become applicable in relation to him or her by virtue of Division 3 of Part IX;

those deferred benefits cease to be applicable in relation to the person upon a deferred benefit by way of invalidity pension becoming payable to him or her in accordance with section 67 or 70;

the person does not, before again becoming an eligible employee, become entitled to deferred benefit by way of invalidity benefit otherwise than in accordance with section 67 or 70; and

his or her entitlement to deferred benefit is cancelled under subsection 76(1) upon his or her again becoming an eligible employee;

then, upon his or her next ceasing to be an eligible employee, there shall be added to the amount that, but for this subsection, would be the amount of his or her accumulated basic contributions an amount equal to the amount paid to the Fund under subsection 112(9) in respect of the person upon his or her entitlement to deferred benefit being cancelled under subsection 76(1), plus interest on the amount.

a person ceases to be an eligible employee and, upon his or her so ceasing, deferred benefits become applicable in relation to him or her by virtue of Division 3 of Part IX;

those deferred benefits cease to be applicable in relation to the person upon a deferred benefit by way of invalidity pension becoming payable to him or her in accordance with section 67 or 70;

his or her entitlement to the deferred benefit is cancelled under subsection 143(2) and deferred benefits again become applicable in relation to him or her;

the person does not, before again becoming an eligible employee, become entitled to deferred benefit by way of invalidity benefit otherwise than in accordance with section 67 or 70; and

those deferred benefits cease, by virtue of paragraph 144(1)(b), to be applicable in relation to the person upon his or her again becoming an eligible employee;

then, upon his or her next ceasing to be an eligible employee, there shall be added to the amount that, but for this subsection, would be the amount of his or her accumulated basic contributions an amount equal to the amount paid, or last paid, to the Fund under subsection 112(9) in respect of the person upon his or her entitlement to deferred benefit being cancelled under subsection 143(2), plus interest on the amount.

a person became entitled to an invalidity pension upon his or her ceasing to be an eligible employee; and

he or she again becomes an eligible employee and the pension referred to in paragraph (a) is cancelled under subsection 76(1) upon his or her again becoming an eligible employee;

then, upon his or her next ceasing to be an eligible employee, there shall be added to the period that, but for this subsection, would be his or her period of contributory service:

the period that was his or her period of contributory service upon his or her previously ceasing to be an eligible employee and becoming entitled to the pension that was so cancelled; and

if that pension was payable in accordance with section 67 or 68—any period in respect of which that pension was payable.

a person ceases to be an eligible employee and, upon his or her so ceasing, deferred benefits are applicable in relation to him or her by virtue of Division 3 of Part IX; and

the person again becomes an eligible employee and the deferred benefits cease to be applicable in relation to him or her by virtue of section 144;

then, upon his or her next ceasing to be an eligible employee, there shall be added to the period that, but for this subsection, would be his or her period of contributory service:

the period that was his or her period of contributory service upon his or her previously ceasing to be an eligible employee and becoming a person in relation to whom deferred benefits are applicable; and

if, during any period after his or her previously so ceasing to be an eligible employee and before he or she again becomes an eligible employee, he or she was in receipt of deferred benefits, being invalidity pension payable in accordance with section 67 or 68—any period in respect of which that pension was payable.

a person ceases to be an eligible employee and, upon so ceasing, deferred benefits are applicable in relation to the person by virtue of Division 3 of Part IX;

those deferred benefits cease to be applicable in relation to the person upon a deferred benefit by way of invalidity pension becoming payable to the person; and

the person again becomes an eligible employee and the person’s entitlement to deferred benefit is, upon the person’s so becoming an eligible employee, cancelled under subsection 76(1);

then, upon the person’s next ceasing to be an eligible employee, there shall be added to the period that, but for this subsection, would be the person’s period of contributory service:

the period that was the person’s period of contributory service upon the person’s previously ceasing to be an eligible employee and becoming a person in relation to whom deferred benefits are applicable; and

if, during any period after the person’s previously so ceasing to be an eligible employee and before the person again becomes an eligible employee, the person was in receipt of deferred benefit by way of invalidity pension in accordance with section 67 or 68—any period in respect of which that pension was payable.

the person had been living with that other person as that other person’s husband, wife, spouse or partner for a continuous period of at least 3 years up to that time; or

(b) the person had been living with that other person as that other person’s husband, wife, spouse or partner for a continuous period of less than 3 years up to that time and CSC, having regard to any relevant evidence, is of the opinion that the person ordinarily lived with that other person as that other person’s husband, wife, spouse or partner on a permanent and bona fide domestic basis at that time;

whether or not the person was legally married to that other person.

the person was wholly or substantially dependent on that other person at the time;

the persons were legally married to each other at the time;

(ba) the persons’ relationship was registered under a law of a State or Territory prescribed for the purposes of Acts Interpretation Act 1901, as a kind of relationship prescribed for the purposes of that section;section 2E of the

the persons had a child who was:

born of the relationship between the persons; or

adopted by the persons during the period of the relationship; or

(iii) a child of both of the persons within the meaning of the Family Law Act 1975;

the persons jointly owned a home which was their usual residence.

temporary absence; or

absence because of the person’s illness or infirmity.

the person had previously had a marital or couple relationship with the deceased person; and

the person did not, at the time of the death, have a marital or couple relationship with the deceased person but was legally married to the deceased person; and

in CSC’s opinion, the person was wholly or substantially dependent upon the deceased person at the time of the death.

a person who is a temporary employee is employed under a contract; and

the person requests CSC to direct, under this section, that he or she be treated as an eligible employee for the purposes of this Act;

CSC may direct that the person is an eligible employee for the purposes of this Act.

where the person has been employed under that contract for longer than one year—the day of the direction; or

in any other case—the day specified in the direction, which may be a day earlier than the day on which the direction is given but not earlier than the day on which the person commenced to be employed under that contract.

a person is the holder of a statutory office to which the person has been appointed on a full-time basis; and

the person requests CSC to direct, under this section, that he or she be treated as an eligible employee for the purposes of this Act;

CSC may direct that the person is an eligible employee for the purposes of this Act.

where the person has been holding that office for longer than one year—the day of the direction; or

in any other case—the day specified in the direction, which may be a day earlier than the day on which the direction is given but not earlier than the day on which the person commenced to hold that office.

immediately before the person became or becomes the holder of the statutory office:

invalidity pension was, or would, but for a suspension of payment, have been, payable to him or her under this Act; or

deferred benefits were applicable to him or her under this Act or the superseded Act; or

a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section was, or but for a suspension of payment would have been, payable to him or her; or

the person became or becomes, by virtue of his or her becoming the holder of the statutory office, a re-employed former contributor with preserved rights.

immediately before the person becomes so employed or is so appointed:

the person was an eligible employee; or

invalidity pension was, or would, but for a suspension of payment, have been, payable to him or her under this Act; or

deferred benefits were applicable to him or her under this Act or the superseded Act; or

a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section was, or but for a suspension of payment would have been, payable to him or her; or

the person becomes, by virtue of his or her employment or appointment, a re-employed former contributor with preserved rights.

in respect of whom a benefit classification certificate was not in force on that date; and

who was on 30 June 1990, and continued to be until 31 March 1991, an eligible employee.

an eligible employee who has previously ceased to be an eligible employee by reason of retirement on the ground of invalidity, being an eligible employee to whom, upon his or her so ceasing, invalidity benefit was payable in accordance with section 69, 72 or 73; or

an eligible employee who has previously ceased to be an eligible employee otherwise than by reason of retirement on the ground of invalidity;

a reference in this Act to a benefit classification certificate that is in force in respect of the eligible employee shall be read as not including a reference to a benefit classification certificate (if any) that was issued in respect of him or her before or upon his or her so previously ceasing to be an eligible employee.

where there is not more than 1 physical or mental condition specified in the benefit classification certificate and CSC is of the opinion that there is not a real risk that the person, by reason of or for a reason connected with that condition, will not continue to be an eligible employee until he or she attains his or her maximum retiring age—CSC shall revoke the certificate;

where there is more than 1 physical or mental condition specified in the benefit classification certificate:

if CSC is of the opinion that there is not a real risk that the person, by reason of or for a reason connected with those conditions, will not continue to be an eligible employee until the person attains his or her maximum retiring age—CSC shall revoke the certificate; or

if CSC is of the opinion that there is a real risk that the person, by reason of or for a reason connected with 1 or some only of the conditions specified in the certificate, will not continue to be an eligible employee until he or she attains his or her maximum retiring age—CSC shall revoke the certificate and issue in substitution for the certificate a new benefit classification certificate specifying only the condition or conditions in respect of which CSC is of the opinion referred to in this subparagraph; and

in any other case—CSC shall refuse the request to revoke the benefit classification certificate or to revoke the benefit classification certificate and to issue in substitution for the certificate a new benefit classification certificate.

the revocation has effect on and from that day; and

the new certificate (if any) issued in substitution for the revoked certificate is to be taken to have been issued on that day.

the person’s death; or

the person ceasing to be an eligible employee because of retirement on the ground of invalidity; or

the annual rate of salary of the person decreasing under such circumstances that CSC is satisfied that the decrease can properly be attributed to physical or mental incapacity.

condition means a physical or mental condition.

examination means a medical examination.

the person has undergone no examination under subsection 16(2); or

the person has undergone such an examination, or 2 or more such examinations, but CSC has not yet decided that the person should not be required under subsection 16(2) to undergo a further examination; or

CSC has so decided but has not yet considered the report or reports of the result or results of the examination or examinations that the person has undergone under subsection 16(2); or

CSC has considered the report or reports but has not yet decided whether or not to issue a benefit classification certificate in respect of the person under subsection 16(4); or

CSC has decided so to issue such a certificate but has not yet issued it.

CSC required the person under subsection 16(2) to undergo; or

CSC is satisfied it would, but for the benefit event, have so required the person to undergo;

but that the person did not in fact undergo, determine what, in CSC’s opinion, the report of the result of the examination would have contained if the person:

had undergone the examination on the day when the person:

if paragraph (2)(a) applies—became an eligible employee; or

if paragraph (2)(b) applies—underwent the examination, or the later or last of the examinations, referred to in that paragraph; and

at or in connection with the examination:

had answered properly, within the meaning of section 16AC, all the questions asked of the person; and

had given no false or misleading information.

if paragraph (2)(a) applies—the determination or determinations under subsection (3); or

if paragraph (2)(b) applies:

the report or reports of the result or results of the examination or examinations referred to in that paragraph; and

the determination or determinations (if any) under subsection (3); or

if paragraph (2)(c) or (d) applies—the report or reports referred to in that paragraph.

a condition that is referred to in the report material and that CSC is satisfied is a condition of the person that existed at the time when the person became an eligible employee; or

2 or more such conditions;

would not continue to be an eligible employee until the person attained his or her maximum retiring age, must issue in respect of the person a benefit classification certificate specifying the condition or conditions.

the fact that the benefit event has happened;

any information CSC has about the causes of:

the death; or

the incapacity that was the ground for the retirement; or

the incapacity to which CSC is satisfied that the decrease in the annual rate of salary of the person could properly be regarded as attributable;

as the case may be;

any information CSC has about the person’s state of physical or mental health, or medical history, during a period beginning after:

if the person has undergone an examination or examinations under subsection 16(2)—the person underwent the examination or the later or last of the examinations; or

otherwise—the person became an eligible employee.

(a) is in force in respect of a person (in this section called the employee) who is an eligible employee; or

(b) was in force in respect of a person (in this section also called the employee) immediately before:

the annual rate of salary of the employee decreased, at or after that commencement, under such circumstances that CSC is satisfied that the decrease can properly be attributed to physical or mental incapacity; or

the employee ceased, at or after that commencement, to be an eligible employee.

the employee or a person acting on his or her behalf; or

if the employee is dead:

a spouse or child of the employee who is entitled to benefits under Part VI; or

a person acting on behalf of such a spouse or child;

may apply to CSC for the certificate to be revoked under this section.

if it is satisfied that a physical or mental condition or conditions specified in the certificate came into existence after the relevant time:

if the certificate specifies no other physical or mental condition—revoke the certificate; or

otherwise—revoke the certificate and issue in substitution for it a new benefit classification certificate that does not specify the first-mentioned condition or conditions but specifies the other condition or conditions specified in the revoked certificate; or

otherwise—refuse the application.

(a) if he or she became an eligible employee because of paragraph (a) of the definition of eligible employee in subsection 3(1)—became an employee for the purposes of the superseded Act; or

otherwise—became an eligible employee.

a certificate issued under subsection (5) in substitution for the first-mentioned certificate is taken to have been revoked at the time of the previous revocation; and

a certificate that was previously issued in substitution for the first-mentioned certificate is taken to have been issued in substitution for the certificate (if any) issued under subsection (5).

a person:

who is an eligible employee; and

who has not attained his or her maximum retiring age; and

whose period of contributory service, if the person were to cease to be an eligible employee, would be less than 20 years; or

a person:

who is or was an eligible employee to whom partial invalidity pension is or was payable in accordance with section 78; and

whose period of contributory service, if the person had ceased to be an eligible employee at the time when partial invalidity pension became so payable, would have been less than 20 years; or

a person:

who has ceased, because of death or retirement on the ground of invalidity, to be an eligible employee before attaining his or her maximum retiring age; and

whose period of contributory service is less than 20 years.

that:

at or in connection with a medical examination that the person was required under subsection 16(2) or (6) or 16AB(3) to undergo; or

in connection with a request under subsection 16(6) by the person;

the person failed to answer properly a question asked of him or her or gave false or misleading information; and

that, if the person had answered the question properly or had not given that false or misleading information:

where there is in force, or there was in force immediately before the person’s retirement or death, a benefit classification certificate in respect of the person—a condition or conditions of the person not specified in the certificate would be or would have been so specified; or

where subparagraph (i) does not apply—there would be in force, or there would have been in force immediately before the person’s retirement or death, a benefit classification certificate in respect of the person specifying a condition or conditions of the person.

(a) that, in connection with an application under subsection 16AB(2) for the revocation of a certificate issued in respect of the person, a person (in this section called the non-discloser), being:

the relevant person; or

the applicant; or

a person acting on the applicant’s behalf; or

a person on whose behalf the applicant was acting;

failed to answer properly a question asked of him or her or gave false or misleading information; and

that, if the non-discloser had answered the question properly or had not given that false or misleading information:

where there is in force, or there was in force immediately before the relevant person’s retirement or death, a benefit classification certificate in respect of the relevant person—a condition or conditions of the relevant person not specified in the certificate would be or would have been so specified; or

where subparagraph (i) does not apply—there would be in force, or there would have been in force immediately before the relevant person’s retirement or death, a benefit classification certificate in respect of the relevant person specifying a condition or conditions of the relevant person.

his or her knowledge about the relevant matters; and

the knowledge that, having regard to his or her knowledge about the relevant matters, he or she could reasonably be expected to have about those matters;

if he or she answered the question fully and truthfully on the basis of the knowledge referred to in paragraphs (a) and (b).

in any case—the matters that the person could reasonably be expected to regard as relevant to answering the question; and

if the question is asked of the person:

at or in connection with a medical examination that the person was required under subsection 16(2) or (6) or 16AB(3) to undergo; or

in connection with a request by the person under subsection 16(6); or

in connection with an application under subsection 16AB(2) for the revocation of a certificate issued in respect of the person;

the person’s medical history and past and present state of physical and mental health.

a copy of a benefit classification certificate; or

notice of the revocation of a benefit classification certificate; or

notice of a refusal by CSC of a request or application made under subsection 16(6) or 16AB(2) in relation to a benefit classification certificate;

on:

in any case—the person to whom the certificate relates; and

in the case of:

a copy of a certificate issued under subsection 16AB(5) on an application made under subsection 16AB(2); or

notice of a refusal by CSC of an application made under subsection 16AB(2);

the applicant.

the person’s personal representative; or

such other person or persons as CSC, in its discretion, determines.

to manage and invest the Fund so as to maximise the return earned on the Fund, having regard to:

the need to make provision for payments out of the Fund under this Act; and

the need for equity among eligible employees and associate members; and

the need to exercise reasonable care and prudence in order to maintain the integrity of the Fund; and

to be responsible for the general administration of this Act.

to establish from time to time:

policies for the investment of money standing to the credit of the Fund; and

the strategies to be adopted to achieve those policies; and

to ensure that the decisions and operations of CSC are directed towards achieving the objective referred to in paragraph (1)(a); and

to ensure that CSC has, or has access to, the skills, facilities and resources required to achieve the objective referred to in paragraph (1)(a); and

to take reasonable steps, consistently with the objective referred to in paragraph (1)(a) and subject to subsection (4), to inform eligible employees and associate members about the management and investment of the Fund; and

to liaise with relevant industrial organisations concerning the interests of eligible employees and, subject to subsection (4), to inform those organisations about the management and investment of the Fund; and

to ensure that CSC conducts its operations in an efficient manner; and

to ensure that CSC complies with its obligations under this Act and its other legal obligations.

to give guarantees;

to underwrite or sub-underwrite any form of investment;

subject to subsection (3), to borrow moneys;

to appoint agents and attorneys;

to act as agents for other persons;

to engage consultants and investment managers; and

to open and maintain accounts with banks.

operates within the investment powers of CSC and the investment strategy and policy determined for the time being by CSC; and

reports to CSC on the state of CSC’s investments and the investment market at such times and in such manner as CSC determines.

in the case of an eligible employee who, immediately before the commencing day, was an employee for the purposes of the superseded Act—on the contribution day next following the commencing day; and

in any other case—on the contribution day next following the day on which the person became an eligible employee;

and subsequent basic contributions are payable on each succeeding contribution day during the period during which the person continues to be an eligible employee.

basic contributions continue to be payable by the employee; and

the amount of basic contribution that is payable by the employee is nil.

where paragraph (b) does not apply—that highest annual rate of salary; or

where, if:

there had not been any decrease in his or her annual rate of salary during the period beginning immediately after the last day on which that highest annual rate of salary was payable to him or her and ending on the relevant anniversary; and

his or her annual rate of salary had been increased during the period by the same percentage as any overall percentage increase in AWOTE that occurred over the period (being an overall percentage increase worked out from estimates of changes in AWOTE in respect of the period published by the Australian Statistician, other than estimates published in substitution for earlier estimates);

the annual rate of salary of the eligible employee on the relevant anniversary (in this paragraph called the imputed annual rate of salary) would be higher than that highest annual rate of salary—that imputed annual rate of salary.

an eligible employee makes an election under subsection (2) by virtue of a decrease in his or her annual rate of salary; and

the annual rate of his or her salary on the anniversary of his or her birth next following the date of the decrease is less than the highest annual rate of salary that was payable to him or her on any day during the period commencing on the date of the decrease and ending on the day immediately preceding that anniversary;

the annual rate of his or her salary on that anniversary shall, for the purposes of section 46 and subsection (1) of this section, be deemed to be such rate as is relevant to the eligible employee under the regulations or if there is no such rate:

where paragraph (d) does not apply—that highest annual rate of salary; or

where, if:

there had not been any decrease in his or her annual rate of salary during the period beginning immediately after the last day on which that highest annual rate of salary was payable to him or her and ending on the relevant anniversary; and

his or her annual rate of salary had been increased during the period by the same percentage as any overall percentage increase in AWOTE that occurred over the period (being an overall percentage increase worked out from estimates of changes in AWOTE in respect of the period published by the Australian Statistician, other than estimates published in substitution for earlier estimates);

the annual rate of salary of the eligible employee on the relevant anniversary (in this paragraph called the imputed annual rate of salary) would be higher than that highest annual rate of salary—that imputed annual rate of salary.

an eligible employee makes an election under subsection (2) by virtue of a decrease in his or her annual rate of salary;

the annual rate of salary payable to him or her immediately after the decrease is less than the rate of salary that was payable (or is deemed by subsection (1) or (3) to have been payable) to him or her on the anniversary of his or her birth last preceding the date of the decrease; and

the election is made before the anniversary of his or her birth next following the date of the decrease;

the annual rate of his or her salary on the anniversary of his or her birth last preceding the date of the decrease shall, for the purpose of calculating the amount of the basic contribution payable by him or her on each contribution day occurring after the date of the election and before the anniversary of his or her birth next following that date, be deemed to be the annual rate of his or her salary immediately after the decrease.

the employer is to pay the amount deducted to CSC; and

if an amount deducted is not paid to CSC on the day on which it is deducted and CSC directs that this paragraph is to apply in relation to the amount—the employer is to pay to CSC interest on the amount in respect of the period beginning on the day on which the amount is deducted and ending on the day immediately before the day on which the amount is paid.

the person is, or at any time has been, an eligible employee; and

the person, while an eligible employee, has been on leave of absence without pay for a period longer than 12 weeks; and

the period of leave of absence is not an excluded period of leave of absence; and

where the period of leave of absence starts after 30 June 2003—the person’s designated employer has stopped making payments to the Commonwealth in respect of benefits that become payable under this Act to or in respect of the person.

Excluded periods (during which person is permitted to make contributions)

a period of leave of absence during which the person’s liability to make contributions is deferred under subsection 54(1);

a period of sick leave without pay;

(d) a period of compensation leave granted under the Safety, Rehabilitation and Compensation Act 1988 or the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988;

(da) a period of leave of absence because of a service injury or disease (within the meaning of the Military Rehabilitation and Compensation Act 2004) in respect of which the person is receiving compensation under section 86 (part-time Reservists) or 127 (former member maintained in hospital) of that Act;

subject to subsection (2A), a period of leave of absence for the purpose of engaging in other employment (other than employment by an approved organisation) if:

in respect of a person employed in an APS Agency—the Agency Head of the Agency is satisfied that the engaging by the person in the other employment is in the interests of the Australian Public Service; or

in respect of any other person—the person’s employer is satisfied that the engaging by the person in the other employment is in the employer’s interests;

subject to subsection (2A), a period of leave of absence for the purpose of engaging in employment by an approved organisation;

subject to subsection (2BC), a period of leave of absence in respect of which there is in force an agreement made (whether before or after the end of the period) between the Minister and CSC declaring the period to be an excluded period of leave of absence.

(2AA) Subsection (2) does not apply in respect of a period, or a part of a period, of leave of absence occurring after the commencement of this subsection in respect of which the person is, because of section 45A, not entitled to pay contributions.

Certain transfers of employment (during which person is permitted to make contributions)

(a) if the person is ordinarily employed by one of the following Governments, authorities or bodies (the usual employer):

the Government of the or of the ;

an authority or body established by or under a law of the or of the ;

the ;

another authority or body declared by the Minister, by signed writing, to be an authority or body to which this subparagraph applies;

the person’s employer in respect of the employment engaged in during the period, or the part of the period, of leave of absence (the temporary employer) makes payments to the usual employer of such amounts, or at such rates, as are determined in respect of the person during the period or the part of the period by:

if the usual employer is an authority or body established by or under a law of the Australian Capital Territory or of the Northern Territory—the Government of the Territory concerned; or

otherwise—the usual employer;

(b) if the person is ordinarily employed by one of the following authorities or bodies (the usual employer) that is not an authority or body referred to in paragraph (a):

an approved authority;

another authority or body referred to in subsection 159(1);

a body referred to in item 2.1 of Schedule 1 to the Superannuation (Continuing Contributions for Benefits) Regulations;

the person’s employer in respect of the employment engaged in during the period, or the part of the period, of leave of absence (the temporary employer):

makes payments to the usual employer of such amounts, or at such rates, as the Minister determines in respect of the person during the period or the part of the period; and

makes those payments at the times at which payments are required to be made to the Commonwealth under section 159 by authorities or bodies to which that section applies;

(c) if the person is ordinarily employed by someone other than a Government, authority or body referred to in paragraph (a) or (b)—the person’s employer in respect of the employment engaged in during the period, or the part of the period, of leave of absence (the temporary employer) makes payments to the Commonwealth of such amounts or at such rates, and at such times, as the Minister determines in respect of the person during the period or the part of the period.

if the leave of absence was granted so that the person could engage in other employment—the other employer; or

otherwise—the employer by whom the person is ordinarily employed;

makes payments to CSC in respect of the person, during the period, or the part of the period, of leave of absence, of productivity contributions of the amounts worked out under section 110C.

(2BA) Subsections (2A) and (2B) have effect in relation to a particular period of leave granted to a person, or a particular part of such a period, subject to any modifications agreed between the Minister and CSC in relation to the person in respect of the period or the part of the period, as the case may be.

(2BB) In paragraphs (2)(f) and (g):

approved organisation means:

(a) an organisation registered or an association recognised under the Fair Work (Registered Organisations) Act 2009 whose membership includes people who are eligible employees or members of the Public Sector Superannuation Scheme; or

a body consisting of organisations referred to in paragraph (a).

Minister and CSC agreements that period is an excluded period

(2BC) An agreement made under paragraph (2)(h) in respect of a period of leave of absence may be subject to such conditions as are set out in the agreement, and, if any such conditions are contravened in relation to the period or a part of the period, that paragraph does not apply in respect of the period or the part of the period, as the case may be.

(2BD) The Minister and CSC may at any time vary or terminate an agreement made under paragraph (2)(h).

Prohibition on making contributions during period of unpaid leave

(a) the birth of a child of the person or of the spouse, or de facto partner within the meaning of the Acts Interpretation Act 1901, of the person; or

the termination (otherwise than by child-birth) of a pregnancy of the person; or

the adoption of a child by the person;

is taken, for the purposes of this section, not to be absent during that period on leave of absence without pay.

the person is, or at any time has been, an eligible employee; and

the person, while an eligible employee, has been on leave of absence without pay for a period of more than 12 weeks; and

paragraph 51(2)(b), (d), (da), (f) or (g) applies in respect of the period; and

the person has (whether before or after the period of leave began) made an election under subsection 46(2) (contributions of 0%) that is in force.

the employee has been on leave of absence without pay for a period of less than 12 weeks; but

the employee is expected to be on leave of absence without pay for a period of more than 12 weeks.

a person to whom this section applies; or

a prescribed class of such persons.

who is, or at any time has been, an eligible employee; and

who, on or after 1 July 1990, has been, while an eligible employee, on leave of absence without pay for reasons related to:

(i) the birth of a child of the person or of the spouse, or de facto partner within the meaning of the Acts Interpretation Act 1901, of the person; or

the termination (otherwise than by child-birth) of a pregnancy of the person; or

the adoption of a child by the person.

occurs during that period of leave of absence; and

is specified in the instrument of election; and

is not a contribution day earlier than the day of election.

if a person to whom this section applies in respect of a period of leave of absence does not make an election under subsection (3)—the whole of the period of leave of absence is taken to be a non-contributory period of service for the person; or

if the person elects to pay contributions in respect of a number, but not all, of the contribution days included in the period of leave of absence:

there must be deducted from the number of days included in the period of leave of absence 14 days in respect of each of those contribution days; and

the period consisting of the resulting number of days is taken to be a non-contributory period of service for the person.

he or she ceases (otherwise than by reason of the operation of section 18 of the Defence Force Retirement and Death Benefits Act) to be liable to contribute under that Act; or

he or she ceases to be an eligible employee;

whichever first occurs, but, upon his or her so ceasing to be liable or so ceasing to be an eligible employee, the amount of the deferred contributions shall be paid to CSC.