Commonwealth Consolidated Regulations

SUPERANNUATION (CSS) ELIGIBLE EMPLOYEES REGULATIONS 1976 - REG 4

(1)

For the purposes of paragraph (j) of the definition of eligible employee in subsection 3 (1) of the Act, each of the following classes of persons is a prescribed class of persons:

(a)

persons (including persons specified in a direction given under section 11, 12 or 13 of the Act) who:

(i)

are employed by an approved authority, whether in a permanent capacity or otherwise; and

(ii)

are members of a superannuation scheme applying to persons employed by that approved authority, other than:

(A)

a scheme to which contributions are made in relation to those persons only in relation to performance pay; or

(B)

in the case of a person to whom, under subregulation (2), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation (3), to be a member for top-up purposes;

or are required by the terms and conditions of their employment to become (subject to compliance with, or fulfilment of, any conditions or requirements relating to membership of the scheme) members of a scheme of that kind; and

(iii)

are not eligible to be paid a mobility allowance for a reason other than the amount of income that the person is receiving;

(aa)

persons (including persons specified in a direction given under section 14 of the Act) who:

(i)

are the holders of a statutory office; and

(ii)

are members of a superannuation scheme applying to holders of that office, other than:

(A)

a scheme to which contributions are made in relation to those persons only in relation to performance pay; or

(B)

in the case of a person to whom, under subregulation (2), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation (3), to be a member for top-up purposes;

or are required by the terms and conditions of their appointment to become (subject to compliance with, or fulfilment of, any conditions or requirements relating to membership of the scheme) members of a scheme of that kind; and

(iii)

are not on leave of absence without pay from that office; and

(iv)

are not eligible to be paid a mobility allowance for a reason other than the amount of income that the person is receiving;

(b)

persons who:

(i)

immediately before the commencement of the Act, were employed by an approved authority in a permanent capacity and have continued to be, and are, such employees;

(ii)

immediately before the commencement of the Act, were not employees for the purposes of the superseded Act;

(iii)

immediately before the commencement of the Act, were not members of a superannuation scheme applying to persons employed by that approved authority and have not, at any time since the commencement of the Act, been, and are not, such members; and

(iv)

have not requested that they be treated as eligible employees;

(c)

persons who:

(i)

immediately before the commencement of the Act, were entitled to make an election under subsection 66 (2), 67 (2), or 69 (1), of the superseded Act;

(ii)

did not make such an election before the commencement of the Act;

(iii)

but for these Regulations, would have been eligible employees at the commencement of the Act and would have continued to be, and would be, such employees; and

(iv)

have not requested that they be treated as eligible employees;

(d)

persons any of whose benefits provided for in the Act become compulsorily payable under the SIS Act;

(da)

persons (in this paragraph referred to as contributions-barred persons ) in respect of whom, under the SIS Act, contributions to a regulated superannuation fund cannot be accepted, other than:

(i)

persons who:

(A)

immediately before the commencement of this paragraph, were eligible employees; and

(B)

have since remained eligible employees; or

(ii)

persons (not being persons referred to in subparagraph (i)) who:

(A)

immediately before becoming contributions-barred persons, were eligible employees; and

(B)

have since remained eligible employees;

(e)

officers of the Australian National Railways Commission appointed in accordance with section 13 of the Railways Agreement (South Australia) Act 1975 who are, for the purposes of the Superannuation Act, 1974 of the State of South Australia as amended and in force from time to time, prescribed contributors within the meaning of section 11a of that Act as so amended and in force;

(f)

officers of the Australian National Railways Commission appointed in accordance with section 13 of the Railways Agreement (South Australia) Act 1975 who:

(i)

immediately before the date on which they were so appointed were not, for the purposes of the Superannuation Act, 1974 of the State of South Australia as amended and in force at that time, contributors to the Fund or to the Provident Account within the meaning of that Act as so amended and in force; and

(ii)

have not requested that they be treated as eligible employees;

(g)

officers of the Australian National Railways Commission appointed in accordance with section 11 of the Railways (Tasmania) Act 1975 who make an election under section 3 of the Railways (Transfer to Commonwealth) (Retirement Benefits) Act 1977 of the State of Tasmania as amended and in force at the relevant time or are deemed by that Act as so amended and in force to have made an election under that section;

(h)

officers of the Australian National Railways Commission appointed in accordance with section 11 of the Railways (Tasmania) Act 1975 who:

(i)

immediately before the date on which their appointment became effective were not contributors for the purposes of the Superannuation Act 1938 of the State of Tasmania as amended and in force at that time or the Retirement Benefits Act 1970 of that State as amended and in force at that time;

(ii)

do not make an election under section 3 of the Railways (Transfer to Commonwealth) (Retirement Benefits) Act 1977 of the State of Tasmania as amended and in force from time to time; and

(iii)

have not requested that they be treated as eligible employees;

(j)

persons who:

(i)

were appointed to be officers of the Australian Public Service under the Mint Employees Act 1964 ;

(ii)

after being appointed as such officers, made an election under subsection 17 (1) of the Mint Employees Act 1964 ; and

(iii)

have continued to be, and are, such officers;

(k)

persons (other than persons to whom paragraph (a) applies) who:

(i)

immediately before 1 July 1980 were employed by Australian Airlines and have continued to be, and are, so employed; and

(ii)

were not, immediately before that date, eligible employees;

(l)

persons (other than persons to whom paragraph (a) applies) who:

(i)

were employed by Australian Airlines before the transition (other than persons who were, immediately before 1 July 1980, so employed) and have, since becoming so employed, continued to be, and are, so employed; and

(ii)

were not, immediately before becoming so employed, eligible employees or invalidity pensioners;

(la)

persons (other than persons to whom paragraph (a) applies) who:

(i)

on or after the transition become employed by Australian Airlines and continue to be, and are, so employed (other than persons who were, immediately before becoming so employed, invalidity pensioners); and

(ii)

are not persons to whom Division 2 or 3 of Part IV of the Public Service Act applies; and

(iii)

are not eligible to be paid a mobility allowance for a reason other than the amount of income that the person is receiving;

(m)

persons who:

(i)

immediately before 1 October 1982 were Commissioners, officers or employees of ANL and continued to be such Commissioners, officers or employees (as the case may be) until immediately before the ANL relevant day;

(ii)

on the ANL relevant day are, and continue to be, employed by ANL; and

(iii)

were not, immediately before 1 October 1982, eligible employees;

(n)

persons who:

(i)

immediately before the ANL relevant day were Commissioners, officers or employees of ANL (other than persons to whom paragraph (m) applies) and on the ANL relevant day are, and continue to be, employed by ANL; and

(ii)

were not, immediately before becoming Commissioners, officers or employees of ANL, eligible employees or invalidity pensioners;

(na)

persons (including persons specified in a direction given under section 11, 12, 13 or 14 of the Act) who on or after the ANL relevant day become employed by ANL and who continue to be so employed other than:

(i)

persons who, immediately before the commencement of their employment with ANL, were eligible employees;

(ii)

persons who are, during a period when they are on leave without pay from employment by the Commonwealth or an approved authority other than ANL, employed by ANL;

(iii)

invalidity pensioners; and

(iv)

persons to whom Division 2 or 3 of Part IV of the Public Service Act applies;

(o)

persons (including persons specified in a direction given under section 11, 12, 13 or 14 of the Act):

(i)

who are permanent or temporary employees or the holders of a statutory office; and

(ii)

who are members of a superannuation scheme, other than:

(A)

a scheme to which contributions are made in relation to those persons only in relation to performance pay; or

(B)

in the case of a person to whom, under subregulation (2), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation (3), to be a member for top-up purposes; and

(iia)

who are not on leave of absence without pay from that employment or office; and

(iii)

in respect of whom the Commonwealth or the authority or other body by whom they are employed, as the case may be, has agreed to pay an amount or amounts in respect of the benefits that are, under the superannuation scheme referred to in subparagraph (ii) in relation to those persons, payable to, or in respect of, those persons upon their ceasing to be members of the scheme or an amount or amounts in respect of contributions that are, under that scheme, payable in respect of such benefits, as the case may be; and

(iv)

who are not eligible to be paid a mobility allowance for a reason other than the amount of income that the person is receiving;

(p)

persons:

(i)

who are employed in a permanent capacity in a designated position in relation to them; and

(ii)

to whom the provisions of subsection 43B (3) of the Meat Industry Act, 1978 , of the State of New South Wales apply;

(q)

persons who:

(i)

are employed in a permanent capacity in a designated position in relation to them;

(ii)

immediately before 1 July 1983 were persons to whom the provisions of an Act of the State of New South Wales by or under which a superannuation scheme was established applied but were not contributors to that scheme by reason that they had not made an election to become such contributors; and

(iii)

have not requested that they be treated as eligible employees;

(r)

persons who:

(i)

are employed, whether in a permanent capacity or otherwise, in a designated position in relation to them;

(ii)

immediately before becoming so employed, were, in accordance with a superannuation scheme established by or under an Act of the State of New South Wales, receiving a superannuation allowance or other benefit that was payable to them by reason of their retirement on the ground of invalidity; and

(iii)

were immediately before their retirement persons employed in the administration of the Meat Industry Act, 1978, of the State of New South Wales;

(s)

persons who:

(i)

are to be deemed, by force of subsection 12 (3) or (4) of the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985 , to be employed by the Australian Trade Commission under section 60 of the Australian Trade Commission Act 1985 ;

(ii)

immediately before they became persons so deemed to be employed by the Australian Trade Commission were not eligible employees; and

(iii)

after they became persons so deemed to be employed by the Australian Trade Commission have not requested that they be treated as eligible employees;

(t)

persons (including persons specified in a direction given under section 11, 12, 13 or 14 of the Act) who:

(i)

on or after 1 October 1986:

(A)

become employed by an approved authority being the Northern Territory of Australia or an authority or body established by or under a law of that Territory; or

(B)

are appointed to a statutory office established by a law of that Territory;

and continue to be and are so employed or to hold such statutory office; and

(ii)

are not prescribed Northern Territory employees; and

(iii)

are not so employed, or do not hold such an office, during a period when those persons are on leave without pay from employment by the Commonwealth or an approved authority, other than the Northern Territory of Australia or an authority or body established under a law of that Territory; and

(iv)

are not employed as members of the Police Force of the Northern Territory; and

(v)

are not persons who:

(A)

immediately before 1 July 1990, were eligible employees employed in the Australian Legal Aid Office; and

(B)

on 1 July 1990, become employed by the Northern Territory of Australia pursuant to an arrangement made between the Commonwealth and the Northern Territory under section 21 of the Commonwealth Legal Aid Act 1977 ; and

(C)

do not elect in accordance with that arrangement to contribute for benefits under the Superannuation Act 1986 of the Northern Territory; and

(vi)

were not invalidity pensioners immediately before:

(A)

becoming employed as mentioned in subparagraph (i); or

(B)

becoming the holder of a statutory office as mentioned in that subparagraph;

(u)

persons who, immediately before 1 October 1986:

(i)

are, and continue on and after that date to be, either employed by an approved authority, being the Northern Territory of Australia or an authority or body established under a law of that Territory, or the holders of a statutory office established by a law of that Territory; and

(ii)

are not so employed, or do not hold such an office, during a period when those persons are on leave without pay from employment by the Commonwealth or an approved authority, other than the Northern Territory of Australia or an authority or body established under a law of that Territory; and

(iii)

are not employed as members of the Police Force of the Northern Territory; and

(iv)

are not invalidity pensioners; and

(v)

are not eligible employees;

(v)

persons who:

(i)

immediately before 15 December 1986 were employed under the Public Service Act of the Northern Territory, as amended and in force at that time, and were not members of a superannuation scheme established under a law of the Northern Territory or eligible employees;

(ii)

having been appointed to be officers of the Australian Public Service on 15 December 1986 pursuant to Division 9F of Part III of the Public Service Act, have continued to be, and are, such officers; and

(iii)

have not requested that they be treated as eligible employees;

(w)

persons who:

(i)

are employed by University College, being the College established by the University of New South Wales within the Australian Defence Force Academy; and

(ii)

were not, immediately before becoming so employed, eligible employees;

(x)

persons who:

(i)

immediately before 16 February 1987 were employed under the Public Service Act, 1978 of the State of Western Australia, as amended and in force at that time, and were not members of a superannuation scheme established under a law of that State;

(ii)

having been appointed to be officers of the Australian Public Service on 16 February 1987 pursuant to Division 9A of Part III of the Public Service Act, have continued to be, and are, such officers; and

(iii)

have not requested that they be treated as eligible employees;

(z)

persons who:

(i)

after the commencement of section 13 of the Governor-General Act 1974 and before 1 June 1985, became employed as members of the Governor-General's staff under that section and have continued to be, and are, so employed;

(ii)

immediately before they became so employed:

(A)

were employed as members of the Governor-General's staff in accordance with an order under subsection 8A (1) of the Public Service Act 1922 ; and

(B)

were not eligible employees; and

(iii)

before the commencement of these Regulations, have requested in writing to this effect, namely, not to be treated as eligible employees;

(za)

persons who:

(i)

immediately before 15 October 1987 were employed under section 42 of the Naval Defence Act 1910 , as amended and in force at that time, and were not eligible employees;

(ii)

having been appointed to be officers of the Australian Public Service on 15 October 1987 pursuant to Division 9A of Part III of the Public Service Act, have continued to be, and are, such officers; and

(iii)

have not requested that they be treated as eligible employees;

(zb)

persons who, immediately before 1 January 1988:

(i)

were members of the Police Force of the Northern Territory and have continued to be and are in relevant Northern Territory employment;

(ii)

were not in relevant Northern Territory employment during a period while on leave without pay from employment by the Commonwealth or an approved authority other than the Northern Territory of Australia or an authority or body established under a law of that Territory;

(iii)

were not invalidity pensioners; and

(iv)

were not eligible employees;

(zc)

persons (including persons specified in a direction given under sections 11, 12, 13, or 14 of the Act), who:

(i)

on or after 1 January 1988 become members of the Police Force of the Northern Territory and continue on and after that date to be in relevant Northern Territory employment other than persons who immediately before becoming such members:

(A)

were in relevant Northern Territory employment; and

(B)

were eligible employees;

(ii)

are not in relevant Northern Territory employment during a period while on leave without pay from employment by the Commonwealth or an approved authority other than the Northern Territory of Australia or an authority or body established by or under a law of that Territory; and

(iii)

are not invalidity pensioners;

(zd)

persons who:

(i)

immediately before 3 April 1988, were employed under the Public Service Act 1974 of the State of Victoria as amended and in force at that time and were not contributors for the purposes of the State Employees Retirement Benefits Act 1979 of that State as amended and in force at that time or the Superannuation Act 1958 of that State as amended and in force at that time;

(ii)

having been appointed to be officers of the Australian Public Service on 3 April 1988 pursuant to Division 9A of Part III of the Public Service Act, have continued to be, and are, such officers; and

(iii)

have not requested that they be treated as eligible employees;

(ze)

persons who:

(i)

immediately before 1 July 1988:

(A)

were employed under section 82AC of the Public Service Act;

(B)

were persons in relation to whom an order made on 1 July 1975, as subsequently varied, was in force under subsection 8A (1) of that Act; and

(C)

were not eligible employees;

(ii)

having been appointed to be officers of the Australian Public Service on 1 July 1988 under section 42 or section 42A of the Public Service Act, have continued to be, and are, such officers; and

(iii)

have not requested that they be treated as eligible employees;

(zf)

persons (including persons specified in a direction given under section 11, 12, 13 or 14 of the Act) who are members of the Legislative Assembly for the Australian Capital Territory;

(zg)

persons who:

(i)

immediately before 1 June 1989:

(A)

were employed under section 82AC of the Public Service Act in the Department of Administrative Services and were performing duties in the Transport and Storage Group; and

(B)

were not eligible employees;

(ii)

on 1 June 1989 are appointed to be officers of the Australian Public Service under section 42 or section 42A of the Public Service Act and continue to be, and are, such officers; and

(iii)

have not requested that they be treated as eligible employees;

(zh)

persons (including persons specified in a direction given under section 11, 12 or 13 of the Act) who:

(i)

immediately before 1 July 1989:

(A)

were officers or employees of the Australian Meat and Live-stock Corporation; and

(B)

were not eligible employees;

(ii)

on and after 1 July 1989 continue to be, and are, such officers or employees; and

(iii)

are not on leave without pay from employment by the Commonwealth or an approved authority other than the Australian Meat and Live-stock Corporation; and

(iv)

are not invalidity pensioners; and

(v)

are not persons to whom Division 2 or 3 of Part IV of the Public Service Act applies;

(zi)

persons (including persons specified in a direction given under section 11, 12, 13 or 14 of the Act) who:

(i)

on or after 1 July 1989:

(A)

are appointed under section 30V of the Australian Meat and Live-stock Corporation Act 1977 as Managing Director of the Australian Meat and Live-stock Corporation and continue to be, and are, Managing Director; or

(B)

are appointed or engaged under section 31 of the Australian Meat and Live-stock Corporation Act 1977 as officers or employees of the Australian Meat and Live-stock Corporation and continue to be, and are, such officers or employees; and

(ii)

immediately before that appointment or engagement were not eligible employees; and

(iii)

are not so appointed or engaged during a period while on leave without pay from employment by the Commonwealth or an approved authority other than the Australian Meat and Live-stock Corporation; and

(iv)

are not invalidity pensioners; and

(v)

are not persons to whom Division 2 or 3 of Part IV of the Public Service Act applies;

(zj)

persons (including persons referred to in a direction given under section 11 or 13 of the Act) who are directors or employees of ADI, other than:

(i)

a person:

(A)

who became a director or an employee before 23 May 1990 and has, since becoming a director or an employee, at all times been a director or an employee; and

(B)

who was an eligible employee immediately before becoming a director or an employee; and

(C)

who is in the employment of ADI by operation of a declaration under section 81C of the Public Service Act 1922 , section 42D of the Naval Defence Act 1910 or section 10A of the Supply and Development Act 1939 ; and

(ii)

a person:

(A)

who became a director or an employee before 23 May 1990 and who has, since becoming a director or an employee, at all times been a director or an employee; and

(B)

who was an eligible employee immediately before becoming a director or an employee; and

(C)

who is not in the employment of ADI by operation of a declaration under section 81C of the Public Service Act 1922 , section 42D of the Naval Defence Act 1910 or section 10A of the Supply and Development Act 1939 ; and

(D)

who did not ask in writing before 23 May 1990 not to be treated as an eligible employee; and

(iii)

a person who is a director or an employee during a period while on leave of absence without pay from his or her employment by the Commonwealth or an approved authority other than ADI; and

(iv)

a person who was an invalidity pensioner immediately before becoming a director or an employee; and

(v)

a person to whom Division 2 or 3 of Part IV or the Public Service Act 1922 applies;

(zk)

persons who:

(i)

at the commencement of this regulation are, and continue to be, permanent employees of the Australian Wheat Board; and

(ii)

on or after 10 March 1987 and before the commencement of this regulation, have requested in writing that they not be treated as eligible employees;

(zl)

persons who:

(i)

immediately before 19 May 1994:

(A)

were employed under section 42 of the Naval Defence Act 1910 ; and

(B)

were not eligible employees; and

(ii)

were appointed as officers of the Australian Public Service on 19 May 1994 under section 81B of the Public Service Act 1922 ; and

(iii)

have not subsequently ceased to be officers of that Service; and

(iv)

have not requested, in writing, to be treated as eligible employees;

(zm)

persons who:

(i)

become officers of the ACT Government Service (other than fixed-term SES officers), by virtue of section 6 or 7 of the Public Sector Management (Consequential and Transitional Provisions) Act 1994 of the Australian Capital Territory, on the day on which that Service is established (in this item called transferred officers ); and

(ii)

continue to be transferred officers; and

(iii)

were, immediately before becoming transferred officers:

(A)

officers for the purposes of the Public Service Act 1922 ; or

(B)

continuing employees under section 82AC of the Public Service Act 1922 ; or

(C)

deemed to be continuing employees under section 82AD of the Public Service Act 1922 ; or

(D)

officers or employees of a prescribed entity for the purposes of the Public Sector Management (Consequential and Transitional Provisions) Act 1994 of the Australian Capital Territory; and

(iv)

were not, immediately before becoming transferred officers, eligible employees; and

(v)

do not, at any time after becoming transferred officers, request in writing to be treated as eligible employees;

(zn)

persons who:

(i)

are officers (other than fixed-term SES officers) of the ACT Government Service (in this paragraph called transferred officers ); and

(ii)

were, immediately before becoming transferred officers:

(A)

permanent employees of the Australian Capital Territory Totalizator Administration Board; and

(B)

members of the ACTTAB Limited Staff Superannuation Plan; and

(iii)

were, immediately after becoming transferred officers, officers performing duties for the Australian Capital Territory Totalizator Administration Board; and

(iv)

continue to be officers who perform duties for the Australian Capital Territory Totalizator Administration Board; and

(v)

do not, after becoming transferred officers, cease to be members of the ACTTAB Limited Staff Superannuation Plan;

(zo)

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

(i)

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

(ii)

elected to cease to be eligible employees;

and, at the time of making that declaration and election, were not:

(iii)

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

(iv)

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

(A)

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

(B)

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

(C)

the holders of statutory offices;

(zp)

persons who:

(i)

immediately before the commencement of the Public Service Act 1999 , were not eligible employees; and

(ii)

on the commencement of the Public Service Act 1999 , became APS employees for the purposes of that Act and permanent employees for the purposes of the Superannuation Act 1976 ; and

(iii)

have not subsequently ceased to be APS employees for the purposes of the Public Service Act 1999 ; and

(iv)

have not requested, in writing, to be treated as eligible employees;

(zq)

persons who:

(i)

immediately before the commencement of the Parliamentary Service Act 1999 , were not eligible employees; and

(ii)

on the commencement of the Parliamentary Service Act 1999 , became Parliamentary Service employees for the purposes of that Act and permanent employees for the purposes of the Superannuation Act 1976 ; and

(iii)

have not subsequently ceased to be Parliamentary Service employees for the purposes of the Parliamentary Service Act 1999 ; and

(iv)

have not requested, in writing, to be treated as eligible employees;

(zr)

a person who, if a body known as the Federal Magistrates Court is established by statute, becomes a Federal Magistrate;

(zs)

a person who becomes employed by ACTEW Corporation Limited after the commencement of this paragraph, and to whom one of the following subparagraphs applies, who requests in writing, within 28 days after becoming so employed, not to be treated as an eligible employee:

(i)

a person who, immediately before becoming so employed, was an eligible employee;

(ii)

a person to whom a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of those sections was, or would have been (but for a suspension of payment), payable immediately before becoming so employed;

(iii)

a person to whom invalidity pension under the Act was, or would have been (but for the suspension of payment), payable immediately before becoming so employed;

(iv)

a person to whom deferred benefits under the Act or the superseded Act were applicable immediately before becoming so employed;

(v)

a person who, because of the person's employment with ACTEW Corporation Limited, is a re-employed former contributor with preserved rights.

(2)

For the purposes of sub-subparagraphs 4 (1) (a) (ii) (B), 4 (1) (aa) (ii) (B) and 4 (1) (o) (ii) (B), a person is taken to be a person to whom the relevant sub-subparagraph applies if he or she holds office or is employed under terms and conditions that enable the person to choose whether to take part of his or her remuneration in a non-monetary form (which may be in the form of a top-up arrangement).

(3)

For the purposes of those sub-subparagraphs, a person is taken to be a member of a superannuation scheme for top-up purposes if, and only if, he or she is a member of the scheme:

(a)

by reason only of a top-up arrangement; or

(b)

by reason of:

(i)

a top-up arrangement; and

(ii)

any of the following circumstances:

(A)

contributions are made to the scheme in relation to performance pay;

(B)

the person is a member of the scheme for the purpose of the preservation or payment of productivity related benefits as defined in section 110A of the Act;

(C)

participation in the scheme on the person's behalf by the person's employer is for purposes solely related to satisfying the employer's obligations under the Superannuation Guarantee (Administration) Act 1992 ;

but no other circumstance (except that mentioned in subparagraph (i)).

(4)

Subject to subregulation (5), a top-up arrangement is an arrangement between the person ( the payee ) to whom, under the arrangement, remuneration is paid and the person ( the payer ) who pays the remuneration, by which the payer makes contributions in respect of the payee to a superannuation scheme (which may be a scheme applying only in respect of the payee).

(5)

An arrangement is not a top-up arrangement unless:

(a)

the contributions mentioned in subregulation (4):

(i)

constitute part of the payee's overall remuneration; and

(ii)

are not paid as an addition to remuneration otherwise payable; and

(b)

the payer makes payments under the Act:

(i)

in respect of the payee; and

(ii)

in relation to the employment or office to which the arrangement relates.

(6)

Paragraphs (c) and (e) of the definition of superannuation scheme do not apply in relation to:

(a)

subregulation (3) or (4); or

(b)

a reference in any other provision of these Regulations to a scheme of which a person is taken, under subregulation (3), to be a member.

(7)

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

(8)

If:

(a)

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

(i)

the person is absent from duty on leave without pay;

(ii)

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

(iii)

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

(A)

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

(B)

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

(C)

the holder of a statutory office; and

(b)

the person does not make a declaration and election referred to in paragraph (1) (zo) before 1 September 1996;

the period specified for the purposes of that paragraph is the period commencing on 1 September 1996 and ending at the end of the period of 3 months commencing:

(c)

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

(d)

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

(9)

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

(a)

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

(b)

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