Superannuation (CSS) Eligible Employees Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council, make the following Regulations under the
Dated 20 December 1995.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
KIM C. BEAZLEY
Minister for Finance
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1.1 These Regulations commence on 1 March 1996.
2.1 The Superannuation (CSS) Eligible Employees Regulations are amended as set out in these Regulations.
3.1 Subregulation 4 (1):
Add at the end:
“; (zo) persons who, in writing addressed to the Board, within the period specified in subregulation (7):
(i) declared that they wished to become members of the Public Sector Superannuation Scheme; and
(ii) elected to cease to be eligible employees;
and, at the time of making that declaration and election, were not:
(iii) persons who were precluded by or under the
Superannuation Act 1990 (other than by paragraph 6 (2) (a) of that Act) from being members of the Public Sector Superannuation Scheme; or(iv) persons to whom Part IV of the Public Service Act applied, other than persons who were:
(A) employed by the Commonwealth otherwise than under the Public Service Act; or
(B) employed by an approved authority for the purposes of the
Superannuation Act 1990 ; or(C) the holders of statutory offices.”.
3.2 Add at the end:
“
“
(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.
“
(a) in the case of a person who, immediately before becoming an eligible employee, was a person to whom invalidity pension was, or but for a suspension of payment, would have been, payable under the Act before 31 August 1996—the period from 1 March 1996 to the later of 31 August 1996 or the day 3 months after the day when the person became an eligible employee; or
(b) in the case of a person who became an eligible employee after 31 May 1996 and is not a person to whom subparagraph (8) (a) (ii) or paragraph (a) applies—the period of 3 months commencing on the day when the person became an eligible employee.”.
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1. Notified in the
Commonwealth of Australia Gazette on 22 December 1995.2. Statutory Rules 1976 No. 140 amended by 1977 No. 157; 1978 Nos. 15 and 280; 1980 No. 181; 1982 No. 235; 1983 Nos. 76 and 77; 1984 No. 113; 1985 Nos. 343 and 375; 1986 Nos. 265, 345 and 373; 1987 Nos. 10, 62, 114, 225 and 306; 1988 Nos. 41, 59 and 149; 1989 Nos. 37, 85, 98, 121 and 169; 1990 Nos. 97, 142, 178 and 180; 1992 Nos. 429 and 458; 1994 Nos. 133, 232 and 272; 1995 No. 200.
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