Superannuation Act 2005

This section sets out the 2 situations in which a person can become a member of PSSAP.

If a person is eligible to become a member of PSSAP, the person may, in a manner approved by CSC in writing under this subsection, choose to become a member of PSSAP.

The effect of making a choice under subsection (2) is that the person becomes a member of PSSAP when the choice is made.

Subject to subsections (5) and (6), if:

at a particular time:

a person is in particular employment or holds a particular statutory office; and

the person is eligible to be a member of PSSAP because of that employment or holding that office; and

there is no chosen fund for the person (within the meaning of Part 3A of the Superannuation Guarantee (Administration) Act 1992); and

assuming that the person were to become a member of PSSAP and the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992) were to make a basic employer contribution to PSSAP for the benefit of the person, the employer would rely on a provision mentioned in subsection (4A) to satisfy the choice of fund requirements in relation to the contribution; and

the person’s qualifying earnings (within the meaning of the Superannuation Guarantee (Administration) Act 1992) would be taken into account for the purpose of Division 2 of Part 3 of that Act; and

immediately before that time, the person was not a member of PSSAP;

See also section 16 (PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes).

If a person makes an election under section 6B of the Superannuation Act 1990 to cease to be a member of the PSS, and the PSSAP is the person’s mandated fund, the person is taken to become a member of the PSSAP in accordance with this subsection at the time that the election is given to CSC.

For the purposes of subparagraph (4)(a)(iv), the provisions are:

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.

Subsection 32C(2), or paragraph 32C(6)(g) or (h), of that Act can only be relied on if the most recent notification from the Commissioner is that there is no stapled fund for the person.

Subsection (4) does not apply to a person if the person’s employer (within the meaning of the Superannuation Guarantee (Administration) Act 1992):

gives; or

has given; or

proposes to give;

Subsection (4) does not apply to a person at a particular time if:

the following conditions are satisfied:

at that time, the person is the holder of a statutory office (within the meaning of the Superannuation Act 1990);

the person’s current term of appointment included a day in the financial year beginning on 1 July 2005; or

the following conditions are satisfied:

at that time, the person is a temporary employee (within the meaning of the Superannuation Act 1990);

if the person’s employment is for a fixed term—the term included a day in the financial year beginning on 1 July 2005;

if the person’s employment is not for a fixed term—the period of employment included a day in the financial year beginning on 1 July 2005.