if the member is a permanent employee, or temporary employee, of the Commonwealth but is not an LWOP member 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 in writing; or

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

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 in writing; or

if the member is an LWOP member—a person determined by the Minister in writing; or

otherwise—the Authority or body by which the member is employed.

(a) an Agency within the meaning of the Public Service Act 1999; or

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

LWOP member means a member who:

is on leave of absence without pay and:

if the period of leave began before 1 July 1994—because of a direction given by CSC under the Rules as in force when the period of leave began, is required to make payments in respect of contributions falling due during the period of the leave; or

if the period of leave began or begins on or after that date—the period of the leave is longer than 6 fortnights and is an excluded period of leave of absence for the purposes of the Rules as in force when the period of leave began or begins; or

is on leave of absence without pay or other unpaid leave in relation to the birth of a child of the member, other termination of the pregnancy of the member or the adoption of a child by the member, and is making contributions in relation to the leave in accordance with an election made under the Rules.

CSC has consented to the amendment; or

the amendment:

(i) relates to a payment by an employer-sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the amendment, be required or permitted to be made under this Act; or

relates solely to the termination of the PSS Fund; or

(iii) is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.

(a) would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or

would not comply with that Act;

that provision is invalid.

may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:

the non-member spouse is entitled to benefits determined in accordance with the Rules; and

the benefits of the member spouse are reduced in accordance with the Rules; and

may make any other provision that is related to, or consequential on, provisions referred to in paragraph (a).

(a) a superannuation agreement (within the meaning of Family Law Act 1975); orPart VIIIB or VIIIC of the

(b) a flag lifting agreement (within the meaning of Family Law Act 1975) that provides for a payment split (within the meaning of that Part).Part VIIIB or VIIIC of the

splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.

superannuation interest means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.

a permanent employee;

the holder of a statutory office who has made an election under section 7;

a temporary employee whose election under section 8 has effect;

the holder of a statutory office, or a temporary employee, who:

immediately before being appointed to that office or being employed in his or her present employment was a PSS invalidity pensioner; and

immediately before he or she became a PSS invalidity pensioner was the holder of that office or engaged in that employment; and

has been declared, in writing, by CSC to be sufficiently restored to health to perform the duties of that office or to engage in that employment;

the holder of a statutory office, or a temporary employee, who:

immediately before being appointed to that office or being employed in his or her present employment was a person to whom a preserved benefit was applicable under the Rules; and

immediately before the preserved benefit became so applicable was the holder of that office or employed in the same employment;

(h) a person to whom Public Service Act 1922 applied immediately before the time (the repeal time) when that Act was repealed and who:Division 2 or 3 of the

(i) during the transitional period (within the meaning of Part 3 of the Public Employment (Consequential and Transitional) Amendment Act 1999, as in force immediately before its repeal) continues in eligible public employment (within the meaning of Part IV of the Public Service Act 1922, as in force immediately before the repeal time); or

(ii) after the end of that transitional period, continues in the same eligible public employment (within the meaning of Public Service Act 1922, as in force immediately before the repeal time) in which the person was engaged immediately before the end of that transitional period;Part IV of the

a person declared, in writing, by the Minister to be a person to whom this section applies.

(a) is an eligible employee for the purposes of the Superannuation Act 1976; or

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

is a person:

(i) to whom invalidity pension, or a deferred benefit by way of invalidity pension, is, or but for a suspension of payment would have been, payable to him or her under the Superannuation Act 1976; or

(ii) to whom a pension of a kind mentioned in Superannuation Act 1922 as in force immediately before the repeal of that section, or a deferred benefit by way of a pension payable for the reason mentioned in subsection 119ZA(1) of that Act, is, or but for a suspension of payment would have been, payable to him or her; orsection 64A or 65 of the

(iii) to whom deferred benefits are applicable under the Superannuation Act 1976; or

(iv) to whom deferred benefits are applicable under the Superannuation Act 1922 and who has not become an eligible employee for the purposes of the Superannuation Act 1976; or

(v) who is a re-employed former contributor with preserved rights for the purposes of the Superannuation Act 1976 and who has not become an eligible employee for the purposes of that Act;

other than such a person who is a casual employee within the meaning of the Rules or who became a member of the Public Sector Superannuation Scheme before the commencement of Superannuation Legislation Amendment Act 1991 and has continued to be such a member; orsection 68 of the

is declared, in writing, by the Minister to be a person to whom this section does not apply.

at the relevant time, the person is already a member of the Public Sector Superannuation Scheme; or

at the relevant time, the person is a former member of the Public Sector Superannuation Scheme (other than as a result of an election under section 6B) in respect of whom a preserved benefit under that scheme has not yet been paid; or

at the relevant time, the person is a PSS invalidity pensioner; or

the following conditions are satisfied:

at the end of 30 June 2005, the person was the holder of a statutory office (other than the holder of such an office to whom paragraph (1)(e) or (f) applies);

the person has made an election under section 7 in relation to that office;

the election was made during a term of appointment that included 30 June 2005;

at the relevant time, the person is the holder of that office; or

the following conditions are satisfied:

at the end of 30 June 2005, the person was a temporary employee in relation to particular employment (other than a temporary employee to whom paragraph (1)(e) or (f) applies);

the person has made an election under section 8 in relation to that employment;

the election has taken effect at or before the relevant time;

if the person’s employment is for a fixed term—the election was made during a term of employment that included 30 June 2005, and the relevant time occurs in that term;

if the person’s employment is not for a fixed term—the election was made during a period of employment that included 30 June 2005, and the relevant time occurs in that period of employment; or

the following conditions are satisfied:

on a particular date before 1 July 2005, the person was a temporary employee (other than a temporary employee to whom paragraph (1)(e) or (f) applies);

on that date, the person made an election under section 8 in relation to that employment;

the election has taken effect at or before the relevant time;

if the person’s employment is for a fixed term—the relevant time occurs in that term;

if the person’s employment is not for a fixed term—the relevant time occurs in that period of employment; or

(g) on or after 1 July 2005, the person makes a declaration and election under Superannuation Act 1976.section 244 of the

Special category of Public Sector Superannuation Scheme membership

the person is not a member of that scheme by force of subsection (1); and

at the relevant time:

the person is an APS employee; or

the person is specified in a written determination made by the Minister under this subparagraph; and

the person became an APS employee or a person covered by the determination, as the case may be, on or after 1 July 2006; and

immediately before the person became an APS employee or a person covered by the determination, as the case may be:

the person was a former member of the Public Sector Superannuation Scheme (other than as a result of an election under section 6B) in respect of whom a preserved benefit under that scheme has not yet been paid; or

the person was a PSS invalidity pensioner; or

the person was covered by paragraph (2)(ba); and

(e) at the relevant time, there is no chosen fund for the person (within the meaning of Superannuation Guarantee (Administration) Act 1992); andPart 3A of the

assuming that:

the person were to become a member of the Public Sector Superannuation Scheme; and

(ii) the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a contribution to the Public Sector Superannuation Scheme at the relevant time for the benefit of the person;

the employer would rely on a provision mentioned in subsection (5A) to satisfy the choice of fund requirements in relation to the contribution.

(a) subsection 32C(2) or (6) of the Superannuation Guarantee (Administration) Act 1992; or

subsection 32C(2AB) of that Act in a case where subparagraph 32C(2AB)(b)(i) or (ii) of that Act applies.

(a) an eligible employee for the purposes of the Superannuation Act 1976; or

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

covered by a declaration under paragraph (2)(c); or

specified in a written determination made by the Minister under this paragraph.

is a member of the Public Sector Superannuation Scheme; and

(b) became such a member before the commencement of Superannuation Legislation Amendment Act 1991; andsection 68 of the

is a person, other than a casual employee within the meaning of the Rules, mentioned in subparagraph 6(2)(ba)(i), (ii), (iii), (iv) or (v).

(a) declare that he or she wishes to become an eligible employee for the purposes of the Superannuation Act 1976; and

elect to cease to be a member of the Public Sector Superannuation Scheme.

(a) the member is not precluded by or under the Superannuation Act 2005 from being an ordinary employer-sponsored member of PSSAP (within the meaning of that Act), other than by paragraph 13(2)(a) of that Act; or

if paragraph (a) of this subsection does not apply—both of the following apply:

(i) the member wants a fund to be a chosen fund for the member (within the meaning of Superannuation Guarantee (Administration) Act 1992);Part 3A of the

the member’s employer has not refused to accept the chosen fund; or

if neither paragraph (a) nor (b) applies—the member’s employer has agreed to make employer contributions to:

(i) a complying superannuation fund (within the meaning of the Superannuation Industry (Supervision) Act 1993); or

(ii) a retirement savings account (within the meaning of the Retirement Savings Accounts Act 1997).

if paragraph (1)(a) applies—at the time when the member becomes a member of PSSAP; or

if paragraph (1)(b) applies—at the time when the fund becomes a chosen fund for the member; or

if paragraph (1)(c) applies—the later of the following times:

when the member becomes a member of the complying superannuation fund, or begins to hold a retirement savings account, (as the case requires);

when the election is given to CSC.

the member is required to satisfy subsection (1) in respect of each membership in the Scheme; and

the member must make an election to cease to be a member of the Scheme in respect of membership in the Scheme; and

the member does not cease to be a member of the Scheme until the member has ceased to be a member under subsection (3) in respect of each membership of the Scheme.

the member becomes a member of PSSAP; or

a fund becomes a chosen fund for the member; or

the member becomes a member of a complying superannuation fund or begins to hold a retirement savings account.

is employed under a contract for a term of not less than 3 months; or

has, during the period of 2 years immediately before the election, been a temporary employee, a permanent employee or the holder of a statutory office for a period that is not less, or for periods that together are not less, than 3 months; or

(c) has a transfer value from another superannuation scheme (other than the scheme established under the Superannuation Act 1976) that the temporary employee intends to pay into the PSS Fund;

the election has effect from and including the day on which it is made.

if paragraph (b) does not apply—a period of employment of 3 months; or

if during any period or periods within 2 years before the commencement of his or her present employment, the temporary employee was a permanent employee, a temporary employee or the holder of a statutory office—a period of employment that together with the first-mentioned period or periods is equal to 3 months.

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 a member and the time when the person again becomes a member.

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, at any rate that CSC determines from time to time, 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.

CSC must pay to the Commonwealth out of the PSS Fund an amount equal to the person’s accumulated funded contributions; and

the Commonwealth must pay the benefits to such person or persons as are appropriate under the Rules.

the Commonwealth must pay to the person an amount equal to each instalment of partial invalidity pension payable under the Rules to the person; and

if, immediately before partial invalidity pension became payable to the person, the person was an invalidity pensioner—the Commonwealth must also pay to CSC:

where, on the person’s becoming an invalidity pensioner, a pension only became payable to him or her—an amount equal to the person’s accumulated funded contributions at the time when he or she became an invalidity pensioner; or

where, on the person’s becoming an invalidity pensioner, the person was entitled to receive a lump sum benefit and a pension—an amount equal to the difference between:

(A) the person’s accumulated funded contributions at the time when he or she became an invalidity pensioner; and

(B) the amount of the lump sum benefit.

CSC must pay to the Commonwealth an amount equal to the balance of the person’s accumulated funded contributions remaining in the PSS Fund; and

the Commonwealth must pay the preserved benefit to such person or persons as are appropriate under the Rules.

a person becomes entitled to a post-retirement commutation benefit under the Rules; and

the person has, under the Rules, requested that the amount of the benefit be:

paid to the Commissioner of Taxation; and

wholly applied in payment of surcharge under an assessment;

the liability to pay that benefit must be discharged by:

paying the amount of that benefit to the Commissioner of Taxation in accordance with the person’s request; and

informing the Commissioner of Taxation of the person’s request that the amount be wholly applied in payment of surcharge under the assessment concerned.

an approved authority; and

an authority (other than an approved authority) or body:

(i) whose staff consists of persons engaged under the Public Service Act 1999; and

that has been declared, in writing, by the Minister to be an authority or body to which this section applies; and

an authority or body (other than a State authority) whose employees include a person or persons mentioned in paragraph 6(1)(h) or (j) or subparagraph 6(5)(b)(ii).

is, or was at any time:

in the case of an approved authority—employed by that authority; or

in the case of an authority or body referred to in paragraph (1)(b)—a member of the staff of the authority or body; or

in the case of an authority or body mentioned in paragraph (1)(c)—employed by that authority or body; and

is a member, or was a member during the period when the person was employed by, or was a member of the staff of, the authority or body.

at such times as the Minister determines; and

in such amounts, or at such rates, as the Minister determines, having regard to the benefits that are or may become payable, or have been paid, to or in respect of the person under the Rules.

CSC would otherwise hold the only unit, or all the units, in a unit trust; and

CSC is also the trustee of the trust;

then:

CSC is taken, for the purposes of holding a unit in the unit trust, to be a corporation by the name of “The Holding Board”; and

CSC must hold a unit in the unit trust in that corporate name.

those costs payable by the Commonwealth; and

those costs payable by CSC out of the PSS Fund.

an approved authority that employs or employed members; or

a declared authority:

whose staff includes or included members; or

whose employees include or included members;

to pay to the Commonwealth such part of the costs estimated by CSC in respect of that period as:

is determined by the Minister having regard to such matters (if any) as are prescribed; and

is specified in the direction.

an authority (other than an approved authority) or a body:

(i) whose staff consists of persons engaged under the Public Service Act 1999; and

that has been declared, in writing, by the Minister to be an authority or body to which this subsection applies; or

an authority or body (other than a State authority) whose employees include a person or persons mentioned in paragraph 6(1)(h) or (j) or subparagraph 6(5)(b)(ii).

whether or not to approve invalidity retirement for a member who has not reached the age of 60; or

in relation to the payment of preserved benefits; or

in relation to the payment of associate benefits; or

in relation to the payment of an invalidity retirement benefit on the ground that a person was totally and permanently incapacitated on his or her last day as a member;

any cost specified in subsection (2) is payable from the Consolidated Revenue Fund, which is appropriated accordingly.

any cost incurred in relation to the panel of persons;

the cost of any medical examination that the person is required to undergo under the Rules to provide the panel with the medical evidence that it requires for the purpose of assisting CSC.

(a) for the purposes of the Superannuation Contributions Tax (Assessment and Collection) Act 1997, CSC in its capacity as a superannuation provider is an entity distinct from the Commonwealth; and

consequently, section 33 of that Act does not affect the liability of CSC under that Act to pay surcharge on the surchargeable contributions of members.

the amount so paid may be recovered by CSC in a court of competent jurisdiction as a debt; or

where the person to whom that amount was paid is receiving, or is entitled to receive, a benefit under the Rules, the amount so paid, or such part of that amount as CSC determines, may, if CSC in its discretion so directs, be recovered by deduction from that benefit.

is a debt due to the Commonwealth by the recipient; and

may be recovered by CSC, on behalf of the Commonwealth, in a court of competent jurisdiction.

a payment is made under subsection (1) to the recipient; and

the recipient is receiving, or is entitled to receive, a benefit under the Rules;

then:

the relevant amount; or

such part of the relevant amount as the Board of CSC determines;

may, if the Board of CSC so directs, be recovered by deduction from that benefit.

Appropriation

the relevant amount is deposited to an account kept in the name of a deceased person;

the relevant amount is deposited to an account kept in the names of a deceased person and another person;

the relevant amount is paid by way of a cheque made out to a deceased person;

the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as:

on the last day on which changes could reasonably be made to the payment of the relevant amount, the chief executive officer (however described) of CSC did not know that the deceased person had died; and

apart from this subsection, the relevant amount would have been payable as a benefit to the deceased person if the deceased person had not died.

is a debt due to the Commonwealth by the legal personal representative of the deceased person; and

may be recovered by CSC, on behalf of the Commonwealth, in a court of competent jurisdiction.

Appropriation

the number of payments that any employee of CSC was aware of that were made under subsection 39A(1) or 39B(1) during the reporting period (see subsection (2) of this section);

the total amount of payments referred to in paragraph (a);

the number of payments made under subsection 39A(1) or 39B(1) that any employee of CSC became aware of during the reporting period that were made during an earlier reporting period;

the total amount of payments referred to in paragraph (c);

for each payment referred to in paragraph (c)—the reporting period in which the payment was made.

a financial year; or

if a shorter recurring period is prescribed under paragraph (5)(a)—that period.

4 months after the end of the reporting period;

if a lesser number of months has been prescribed for the reporting period under paragraph (5)(b)—that number of months after the end of the reporting period.

Power to make legislative instruments

a period for the purposes of paragraph (2)(b); or

a number of months for a reporting period for the purposes of paragraph (4)(b).

send to the designated employer of a member any document or written information that:

under this Act; or

under any other Act;

CSC is required to send to the member; and

ask the designated employer to give the document or information to the member.

after the death of a retirement pensioner, an amount purporting to be an instalment of primary pension payable to the pensioner on a pension pay day not later than the 7th pension pay day after his or her death is paid into an account of the pensioner with a bank; and

the bank pays, out of that account, to the spouse of the deceased pensioner an amount not exceeding the amount so paid into the account;

then, in spite of any other law, the bank is not liable to the Commonwealth, the personal representative of the deceased pensioner or anyone else for any loss incurred because of the payment of that amount to the spouse of the pensioner.

(a) a declaration for the purposes of paragraph (a) of the definition of approved authority in section 3;

(b) a declaration for the purposes of paragraph (b) of the definition of approved authority in section 3;

(c) a declaration for the purposes of paragraph (b) of the definition of statutory office in section 3;

(d) a declaration for the purposes of the definition of temporary employee in section 3;

an instrument under subsection 5(1);

a declaration under paragraph 6(1)(j);

a declaration under paragraph 6(2)(c);

a determination under section 11;

a determination under subsection 33C(2);

a determination under section 33E;

a determination under subsection 33G(2).

if a declaration is a declaration referred to in paragraph (1)(c)—the holder of the statutory office concerned; or

if the declaration is a declaration referred to in paragraph (1)(d) or (f)—a person to whom the declaration relates;

the declaration may commence on a day not earlier than the earliest day on which contributions were so accepted.

CSC has consented to the making of the declaration or determination or the issue of the instrument; or

the declaration, determination or instrument:

(i) relates to a payment by an employer-sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the declaration or determination or the issue of the instrument, be required or permitted to be made under this Act; or

relates solely to the termination of the PSS Fund; or

(iii) is made or issued in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.

are required or permitted to be prescribed by this Act; or

are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

CSC has consented to the making of the regulations; or

the regulations:

(i) relate to a payment by an employer-sponsor within the meaning of the Superannuation Industry (Supervision) Act 1993 that will, after the making of the regulations, be required or permitted to be made under this Act; or

relate solely to the termination of the PSS Fund; or

(iii) are made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.

(a) the Superannuation Industry (Supervision) Act 1993; or

(b) the Superannuation (Excluded Funds) Taxation Act 1987 (including a repealed provision of that Act which continues to apply because of the Taxation Laws Amendment (Superannuation) Act 1992 or the Occupational Superannuation Standards Amendment Act 1993); or

(ba) the Financial Institutions Supervisory Levies Collection Act 1998; or

(c) Corporations Act 2001; orDivision 3 of Part 7.10A of the

(ca) the Superannuation (Unclaimed Money and Lost Members) Act 1999; or

(cb) the Family Law Act 1975; or

(d) the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key— E ndnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history— E ndnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

(a) The Superannuation Act 1990 was amended by Part 10 (sections 65–69) only of the Commonwealth Funds Management Limited Act 1990, subsection 2(5) of which provides as follows:

(b) The Superannuation Act 1990 was amended by sections 56–65 only of the Superannuation Legislation Amendment Act 1992, subsections 2(1) and (9) of which provide as follows:

(c) The Superannuation Act 1990 was amended by the Schedule (Parts 3, 4 and 6) only of the Qantas Sale Act 1992, subsections 2(2), 3(b), (5) and (6) of which provide as follows:

in the case of sections 22, 23, 26, 27, 29, 32, 33, 34, 42, 45, 46, 47, 48 and 49 and Parts 3 and 4 of the Schedule—the day is not earlier than the 50% sale day; and

(d) The Qantas Sale Act 1992 was amended by section 3 (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2(1) of which provides as follows: