Superannuation (PSSAP) Trust Deed

Superannuation (PSSAP) Trust Deed

made under section 10 of the

Superannuation Act 2005

Compilation No. 23

Compilation date: 1 July 2026

Includes amendments: F2026L00615

About this compilation

This compilation

This is a compilation of the Superannuation (PSSAP) Trust Deed that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

TABLE OF PROVISIONS

Clause Item

1. Interpretation

2. Establishment of the Public Sector Superannuation Accumulation Plan (PSSAP) and the PSSAP Fund

3. Functions and Powers of CSC in relation to PSSAP

5. Operation of the PSSAP Fund

6. Investment of the PSSAP Fund

7. Requests by Minister for Information

8. Delegation by CSC

9. Delegations by the Minister for Finance and Administration

TRUST DEED

THIS DEED, to be known as the Superannuation (PSSAP) Trust Deed, is made on 29 June 2005 by the COMMONWEALTH OF AUSTRALIA.

WHEREAS section 10 of the Superannuation Act 2005 (in this Deed called the “Act”) provides that before 1 July 2005, the Minister must, for and on behalf of the Commonwealth, by deed:

(a) establish a superannuation scheme that:

(i) is to be known as the Public Sector Superannuation Accumulation Plan;

(ii) may also be known as PSSAP; and

(iii) is for the benefit of persons who will be members of PSSAP; and

(b) establish and vest in the Australian Reward Investment Alliance (formerly known at the PSS Board) established under section 20 of the Superannuation Act 1990 (the “Board”), a fund for the purposes of the PSSAP; and

(c) set out the functions and powers of CSC in relation to PSSAP and the PSSAP Fund;

AND WHEREAS section 12 of the Act provides that the Rules for the administration of PSSAP set out in the Schedule to the Deed referred to in section 10 of the Act (in this Deed called the Rules):

(a) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under the Act;

(i) the non‑member spouse is entitled to benefits determined in accordance with the Rules; and

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

(b) may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a) concerning a splitting agreement or splitting order;

NOW THIS DEED WITNESSES AS FOLLOWS:

1.1 In this Deed, where the context requires or admits, a reference to the Deed shall include a reference to the Rules, as set out in the Schedule, and the Rules shall form part of the Deed.  In the case of an inconsistency between the Deed and the Rules, the Deed shall prevail.

1.2 In this Deed, where the context requires or admits, words and expressions defined in the Act have the same meanings when used in the Deed.  The headings in this Deed are for the convenience of reference only and shall not affect its interpretation.

1.4 In this Deed, “Minister” means:

(a) the Commonwealth Minister of State for Finance;

(b) if 2 or more Commonwealth Ministers administer Departments which have functions in relation to the administration of matters to which the Deed relates, the Minister who administers the Department which has the function in relation to each of those matters; or

(c) a member of the Executive Council acting for the time being for and on behalf of any of those Ministers; or

(d) a person, as defined in clause 9, to whom the Minister for Finance has delegated his powers.

1.5 In this Deed, “APS employee” has the same meaning as in the Public Service Act 1999.

1.7 In this Deed, “PSSAP member” means a person who is a member of PSSAP due to the operation of Part 3 of the Act.

Subclauses 1.3, 1.6 and 1.8 deleted in the 5th amending deed.

2.1 There is hereby established from 1 July 2005 a superannuation scheme (to be known as the “Public Sector Superannuation Accumulation Plan” or “PSSAP”) for the benefit of members of PSSAP and non‑member spouses entitled to benefits, to be administered in accordance with the Deed:

(a) in relation to the period from 1 July 2005 to immediately before the commencement of the Governance of Australian Government Superannuation Schemes Act 2011, by the Australian Reward Investment Alliance (which, in this Deed, is called “the Board”); and

(b) in relation to the period immediately following the commencement of the Governance of Australian Government Superannuation Schemes Act 2011, by the Commonwealth Superannuation Corporation (CSC) as defined in the Governance of Australian Government Superannuation Schemes Act 2011 (in this Deed called “CSC”).

2.2 There is hereby established from 1 July 2005, and vested in CSC (formerly referred to as “the Board”), a fund for the purposes of PSSAP (to be known as the PSSAP Fund”).

3.1 The functions of CSC in relation to PSSAP and the PSSAP Fund are to administer PSSAP and to manage and invest the PSSAP Fund in accordance with the provisions of the Act and this Deed including, without limiting the generality of the foregoing, the following functions:

(a)              to receive payments from designated employers as provided for in the Act and other superannuation entities in accordance with this Deed;

(b)              to pay benefits to the persons entitled to receive benefits from PSSAP in accordance with the Act and this Deed;

(c) to provide information about benefits or potential benefits, and available options, to:

(i) PSSAP members;

(ii) non‑member spouses; and

(iii) potential PSSAP members;

(d) to provide advice to the Minister on proposed changes to the Act and the Deed; and

(e) to determine interest rates for the purposes of PSSAP.

3.2 CSC has power in Australia and elsewhere to do all things necessary or convenient to be done for, or in connection with, the performance of its functions and, in particular, may:

(a) give guarantees;

(b) underwrite or sub‑underwrite any form of investment including the underwriting or sub‑underwriting of the issue of shares, debentures or units in a unit trust;

(c) borrow moneys and give security over the whole or any part of the assets of the PSSAP Fund;

(d) appoint agents and attorneys;

(e) act as agent for other persons;

(f) engage consultants and investment managers;

(g) engage a panel of persons to assist it in determining whether a person is to be retired on the grounds of invalidity;

(h) establish a Reconsideration Advisory Committee or Committees to examine and report on decisions of CSC and its delegates under the Rules relating to entitlements to benefits of PSSAP members and non‑member spouses entitled to benefits;

(i) effect policies with insurers in CSC’s name to provide death and invalidity cover and income protection cover for members in accordance with the Rules;

(j) take action to control or manage, or to enhance or protect, the value of, any investment made out of the PSSAP Fund, or to enhance or protect, the return on any such investment;

(k) arrange for the purchase of income products, including retirement income products, by members, non‑members and beneficiaries as provided for in the Rules;

(l) establish a trust for the purpose of investing the PSSAP Fund and manage and administer the trust; and

(m) charge reasonable fees relating to the costs of the administration of the Act and this Deed, including arrangements connected with PSSAP members and non‑member spouses choosing particular investment strategies and arrangements connected with splitting of superannuation interests under the Family Law Act 1975.

3.3 In exercising its functions and powers, CSC shall comply with the requirements of the Superannuation Industry (Supervision) Act 1993 and Regulations made under that Act, and have regard to the interests of PSSAP members, their employers and non‑member spouses entitled to benefits.

3.4 CSC must cause proper records to be kept in respect of:

(a) contributions paid into the PSSAP Fund; and

(b) benefits paid under the Act and this Deed.

Notes:

5.1 All contributions and other moneys paid to CSC for the purposes of PSSAP, or as directed by CSC, shall be held in trust by CSC in the PSSAP Fund.  The PSSAP Fund shall be managed and invested by CSC in accordance with the Act and the Deed.

5.2 The PSSAP Fund shall comprise:

(a) contributions made by members;

(b) contributions made by employers pursuant to the Act and the Deed;

(c) any other moneys paid or transferred to CSC pursuant to the Act and the Deed or which become subject to the trusts of the Deed;

(d) the income arising or derived from investments held within the PSSAP Fund; and

(e) any accretions to or profits on realisation of investments held within the PSSAP Fund.

5.3 CSC must pay the following out of the PSSAP Fund:

(a) benefits in respect of PSSAP members;

(b) costs of the administration of the Act and this Deed;

(c) taxes relating to PSSAP and the PSSAP Fund.

Note:

Subclauses 5.4 and 5.5 deleted in the 5th amending deed.

6.1 For the purposes of this clause:

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

(b) “profit” includes capital profit.

6.2 Moneys standing to the credit of the PSSAP Fund which are, in the opinion of CSC, moneys that are not for the time being required for the purpose of making payments out of the PSSAP Fund under the Act and the Deed shall, so far as is practicable, be invested by CSC in accordance with the Act and the Deed, but CSC shall so manage the PSSAP Fund that moneys that are from time to time required to pay benefits that are payable out of the PSSAP Fund are available for that purpose.

6.3 Moneys that, by virtue of subclause 6.2, are required to be invested by CSC may be invested in any manner and, without limiting the generality of the foregoing, may be invested by CSC jointly with another person or other persons.

6.4 CSC must determine an investment strategy and policy of the PSSAP Fund as soon as possible after 1 July 2005 and thereafter regularly review such a strategy and policy, and, where it considers it necessary or desirable, change its existing investment strategy or policy.  In determining and reviewing its investment strategy and policy, CSC shall consult with such persons or bodies as it thinks fit.

6.5 CSC shall invest moneys standing to the credit of the PSSAP Fund that are available for investment only through an investment manager or managers who undertake to invest, and manage the investment of those funds on behalf of CSC.

6.6 CSC shall ensure that any investment manager engaged by CSC in relation to the PSSAP Fund:

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

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

7.1 CSC shall furnish to the Minister such information relating to the general administration and operation of PSSAP and the PSSAP Fund as the Minister may from time to time require.

8.1 Subject to subclause 8.2, CSC may by an instrument under its seal delegate to:

(a) a director of CSC; or

(c) a member of the staff of CSC; or

(d) an APS employee in the Department referred to in subclause 1.4; or

(e) an officer or employee of the person who is responsible for investing money forming part of a superannuation fund vested in or managed by CSC; or

(f) any other person who performs duties in connection with the operation of the Deed; or

(g) a committee consisting of 2 or more persons each of whom is a person referred to in any of the above paragraphs; or

(h) any other person;

all or any of its powers under the Deed other than its power to reconsider its own decisions or decisions made by its delegates.

8.2 CSC may by an instrument under its seal delegate to a Reconsideration Advisory Committee established under the Rules CSC’s power to reconsider its own decision or a decision made by its delegate in relation to PSSAP or the PSSAP Fund and to determine the matter by:

(a) affirming the decision under reconsideration; or

(b) varying the decision; or

(c) substituting another decision; or

(d) setting the decision aside;

and, at its discretion, refunding any fee paid.

8.3 If CSC delegates a power under subclause 8.1, other than paragraph (h), the delegate may, by writing, sub‑delegate the power:

(a) if the delegate is a director of CSC — to:

(i) another director of CSC; or

(ii) a person referred to in paragraph 8.1(c), (d), (e) or (f); or

(c) if the delegate is a person referred to in paragraph 8.1(c), (d), (e) or (f) — to:

(i) another person referred to in the same paragraph; or

(ii) a person referred to in another of those paragraphs.

8.4 Section 34AA and paragraphs 34AB(a), (b) and (d) of the Acts Interpretation Act 1901 apply in relation to a sub‑delegation in a corresponding way to the way in which they apply to a delegation.

8.5 Section 34A and paragraphs 34AB(c) and (d) of the Acts Interpretation Act 1901 apply in relation to a sub‑delegation as if it were a delegation.

9.1 The Minister may by signed instrument delegate all or any of his or her powers under the Deed, other than this power of delegation, to:

(a) CSC; or

(b) an APS employee in the Department referred to in subclause 1.4; or

(c) a director of CSC; or

(d) a member of the staff of CSC.

THE SCHEDULE

RULES FOR THE ADMINISTRATION OF THE PUBLIC SECTOR
SUPERANNUATION ACCUMULATION PLAN (PSSAP) (THE RULES)

TABLE OF PROVISIONS

1.1.1 These Rules are divided into 8 Parts, each dealing with a major aspect of the operation of PSSAP. The Parts and a general guide to each Part are set out below.

1.1.2 Each Part is further divided into Divisions addressing unique groupings within the Part and each Division is made up of Rules containing specific provisions.  Rules do not necessarily have their own Rule headings.

1.1.3 The Rules have been numbered so that the first number refers to the Part, the second number refers to the Division number within that Part and the third to the Rule number within that Division.  For example, Rule 2.3.1 is the first Rule in Division 3 of Part 2 of the Rules.

1.1.4 There are several notes within the Rules to help readers understand the more complicated superannuation concepts or to inform them of the need to refer to another area of the Rules.  However, these aids (including Part, Division and Rule headings) do not form part of the Rules.

1.2.1              Because some words and phrases have a special meaning when used in the Rules they have been explained below or in the Trust Deed.  They appear throughout the Rules in bold print to remind the reader that they have a special meaning.

2.1.1 A person may have concurrent PSSAP memberships in respect of two or more concurrent employments, as:

(a) an ordinary employer‑sponsored member; or

(b) a current government scheme member; or

(c) an ordinary employer-sponsored member and a government scheme member.

2.1.2 CSC may maintain one personal accumulation account for a person with concurrent PSSAP memberships.

2.1.3 Where an ordinary employer‑sponsored member or current government scheme member, who is employed by two or more designated employers at the same time, ceases to be an employee of one or more but not all of those designated employers, the person will not cease to be an ordinary employer‑sponsored member or current government scheme member, as relevant.

2.1.4 Where an ordinary employer‑sponsored member or current government scheme member ceases to be employed by one designated employer but immediately afterwards becomes an employee of another designated employer, the person does not cease to be an ordinary employer‑sponsored member or current government scheme member, as relevant.

MySuper product

MySuper product – general characteristics

2.1A.1 CSC must ensure that:

(a) amounts held as a MySuper product, in respect of PSSAP members and non‑member spouses, are invested in accordance with a single diversified investment strategy; and

(b) all PSSAP members and non‑member spouses who hold a MySuper product are entitled access to the same options, benefits and facilities in relation to their MySuper product; and

(c) amounts credited to the personal accumulation account or non‑member spouse interest account in respect of a MySuper product under Division 2 of Part 5, or Division 3 of Part 7 of the Rules must not stream gains or losses to only some of those members, except to the extent permitted under Rule 2.1A.2; and

(d) the process used to credit and debit amounts to a personal accumulation account or a non‑member spouse interest account in respect of a MySuper product must be the same for each member; and

(e) the only limitation imposed on the source of contributions are those referred to in paragraph 29TC(1)(f) of the SIS Act;

(f) a MySuper product held by a PSSAP member or non‑member spouse cannot be replaced with another class of interest in PSSAP unless:

(i) the PSSAP member or non‑member spouse has consented in writing to the replacement no more than 30 days before it occurs; or

(ii) as otherwise permitted by the SIS Act;

(g) a MySuper product held by a PSSAP member or non‑member spouse cannot be replaced with a beneficial interest in another superannuation entity unless:

(i) the replacement is permitted, or is required, under a law of the Commonwealth; or

(ii) the PSSAP member or non‑member spouse has consented in writing to the replacement no more than 30 days before it occurs;

(h) a pension is not paid from MySuper assets unless it is permitted by the SIS Act;

(i) a PSSAP member or non‑member spouse who holds a MySuper product is not precluded from holding an interest in another class in PSSAP only because they hold a MySuper product;

(j) a PSSAP member or non‑member spouse is not precluded from holding a MySuper product because they hold another interest of another class in PSSAP.

2.1A.2 CSC may, for the purposes of Rule 2.1A.1, choose to adopt a single diversified investment strategy that allows gains and losses from different classes of assets of the PSSAP Fund to be streamed to different subclasses of the members of the fund who hold a MySuper product, in respect of their MySuper product, on the basis of the age of those members or some other basis which is permitted as a lifecycle exception within the meaning of the SIS Act.

MySuper product – fees

2.1A.3 CSC must ensure that any fees deducted from a personal accumulation account or a non‑member spouse interest account in respect of a MySuper product comply with requirements under the SIS Act for the provision of a MySuper product.

MySuper product – insurance

2.1A.4 If required by the SIS Act, CSC must provide death and invalidity cover, in accordance with Division 1 of Part 4, to all PSSAP members and non‑member spouses who hold a MySuper product, in respect of their MySuper product.

2.1A.5 CSC must ensure that the death and invalidity cover provided in respect of a MySuper product under Division 1 of Part 4 of the Rules complies with requirements under the SIS Act for the provision of a MySuper product.

2.2.1 Subject to Rules 2.2.1AA, 2.4B.2 and 2.2.1AAAA, each pay day the designated employer of a person who is an ordinary employer-sponsored member under subsection 18(2), 18(3) or 18(5) of the Act must pay as contributions to CSC an amount equal to 15.4% of the superannuation salary of the member.

2.2.1AAAA The designated employer of an ordinary employer-sponsored member under subsection 18(2), 18(3) or 18(5) of the Act whose superannuation salary is ordinary time earnings is not required to pay contributions under Rule 2.2.1 on a pay day:

(a) if the person’s ordinary time earnings on the pay day would cause their total ordinary time earnings in respect of the designated employer during the financial year to exceed the maximum contributions base within the meaning of subsection 10A(5) of the Superannuation Guarantee (Administration) Act 1992 – on so much of the person’s ordinary time earnings on the pay day as exceeds the maximum contributions base; or

(b) if the person’s ordinary time earnings on an earlier pay day during the financial year caused their total ordinary time earnings in respect of the designated employer for the financial year to exceed the maximum contributions base – on any of the person’s ordinary time earnings on the pay day.

2.2.1AAA Any contributions paid by the designated employer of an ordinary employer-sponsored member under subsection 18(2), 18(3) or 18(5) of the Act under Rule 2.2.1, notwithstanding that the contributions were not required to be paid because of Rule 2.2.1AAAA, will be treated as additional employer contributions made under Rule 2.2.4.

2.2.1AA  Rule 2.2.1 does not apply to the designated employer of an eligible PSSAP member or an eligible CSS/PSS member or former member who is the designated employer only because of the operation of item 5A of the table in subsection 19(2) of the Act.

2.2.1A  Subject to Rule 2.4B.3, the designated employer of an eligible PSSAP member or an eligible CSS/PSS member or former member may pay contributions to CSC in respect of the member, and those contributions are basic employer contributions.

2.2.2 The superannuation salary of an ordinary employer‑sponsored member under subsection 18(2), 18(3) or 18(5) of the Act is:

(a) where the circumstances referred to in Rule 2.2.3 apply — the ordinary time earnings of the person; and

(b) in all other cases the amount that would have been the person’s “fortnightly contribution salary” if they were a PSS member.

2.2.3 The superannuation salary of an ordinary employer‑sponsored member under subsection 18(2), 18(3) or 18(5) of the Act will be the person’s ordinary time earnings if this is specified in:

(a) a workplace agreement that applies to the ordinary employer‑sponsored member;

(b) a pre‑reform certified agreement that applies to the ordinary employer sponsored member;

(c) a pre‑reform AWA that applies to the ordinary employer‑sponsored member;

(d) an AWA that applies to the ordinary employer‑sponsored member;

(e) a remuneration determination that applies to the ordinary employer‑sponsored member; or

(f) an enterprise agreement that applies to the ordinary employer‑sponsored member; or

(fa) a determination made under subsection 24(1) or 24(3) of the Public Service
Act 1999, provided that:

(i) the determination applies to an ordinary employer‑sponsored member who is moved to an APS Agency on or after 1 February 2020 pursuant to a determination made under paragraph 72(1)(a) of that Act; and

(ii) immediately before the ordinary employer‑sponsored member was so moved, their superannuation salary was specified as ordinary time earnings in an enterprise agreement that applied to the ordinary employer‑sponsored member; or

(g) a workplace determination that applies to the ordinary employer‑sponsored member; or

(h) an agreement in writing between the ordinary employer‑sponsored member and their designated employer in the case of an ordinary employer‑sponsored member not covered by a workplace agreement, a pre‑reform certified agreement, a pre‑reform AWA, an AWA, a remuneration determination, an enterprise agreement, or a workplace determination.

2.2.4 In addition to the amounts required to be paid by the designated employer under Rule 2.2.1, the designated employer of an ordinary employer‑sponsored member under subsection 18(2), 18(3) or 18(5) of the Act may pay additional employer contributions to CSC in respect of that member, subject to Rule 2.4B.2.

Additional employer contributions – salary sacrifice contributions for current government scheme members

2.2.4A Subject to Rule 2.4B.2, the designated employer of a current government scheme member may pay salary sacrifice contributions to CSC in respect of the member, provided CSC has accepted an election by the member to choose a particular investment strategy.

2.3.1 Subject to Rule 2.4B.2, an ordinary employer-sponsored member may pay employee contributions to CSC at any time and in any amount.

2.3.2 An ordinary employer‑sponsored member is not required to make employee contributions.

2.3.3 Except as set out in Divisions 3A and 3B of Part 2, a PSSAP member who is not an ordinary employer‑sponsored member may not make employee contributions to the PSSAP Fund.

2.3.4 Subject to Rule 2.4B.2, eligible spouse contributions may be made on behalf of an ordinary employer-sponsored member at any time and in any amount.

2.3.4A Subject to Rule 2.4B.2, any income protection superannuation contribution amount paid by an insurance company as a result of a claim made by CSC under Rule 3.4.2 in respect of an ordinary employer‑sponsored member may be paid to CSC.

2.3A.1 Subject to Rule 2.4B.2, a current government scheme member may pay employee contributions to CSC at any time and in any amount, provided CSC has accepted an election by the member for a particular investment strategy.

2.3A.3 A current government scheme member is not required to make employee contributions under Rule 2.3A.1.

2.3A.4 Subject to Rule 2.4B.2, eligible spouse contributions may be made on behalf of a current government scheme member at any time and in any amount, provided CSC has accepted an election by the member for a particular investment strategy.

2.3B.1 Subject to Rule 2.4B.2, a PSSAP member may pay employee contributions to CSC in any amount, provided:

(a) CSC has accepted an election by the member for a particular investment strategy; and

(b) the contributions are made for the sole purpose of:

(i) combination with amounts commuted or to be commuted from a pension account established by CSC under Rule 3.6.1; or

(ii) commencing an account-based pension; and

(c) the member has made an application for benefits to be cashed as an account-based pension under paragraph 3.1.1(g), using contributions paid under this Rule, amounts, if any, commuted from a pension account and amounts, if any, transferred or rolled-over under Division 4 of this Part.

2.3B.3 A PSSAP member is not required to make employee contributions under Rule 2.3B.1.

2.3B.4 Subject to Rule 2.4B.2, eligible spouse contributions may be made on behalf of a PSSAP member in any amount, provided:

(a) CSC has accepted an election by the member for a particular investment strategy; and

(b) the contributions are expressly made for the sole purpose of:

(i) combination with amounts commuted or to be commuted from a pension account established by CSC under Rule 3.6.1; or

(ii) commencing an account-based pension; and

(c) the member has made an application for benefits to be cashed as an account-based pension under paragraph 3.1.1(g), using contributions paid under this Rule, amounts, if any, commuted from a pension account and amounts, if any, transferred or rolled-over under Division 4 of this Part.

2.4.1 Subject to the SIS Act and Rule 2.4B.2, an ordinary employer‑sponsored member may transfer or roll-over an amount to CSC as a transfer amount.

2.4.1B Subject to the SIS Act and Rule 2.4B.2, a current government scheme member may transfer or roll-over a roll-over superannuation benefit to CSC as a transfer amount, provided CSC has accepted an election by the member for a particular investment strategy.

2.4.1C Subject to the SIS Act and Rule 2.4B.2, a former government scheme member may roll-over to CSC as a transfer amount their:

(a) PSS accumulated transfer amount paid under PSS Rule 11.2.4A; or

(b) PSS Accumulated Additional Contributions paid under PSS Rule 11.4.10A,

provided CSC has accepted an election by the member for a particular investment strategy.

2.4.1D Subject to the SIS Act and Rule 2.4B.2, a PSSAP member or PSSAP pensioner may transfer or roll-over a roll-over superannuation benefit to CSC as a transfer amount, provided:

(a) CSC has accepted an election by the member for a particular investment strategy; and

(b) the member has made an application for benefits to be cashed as an account-based pension under paragraph 3.1.1(g), using the amount of the roll-over superannuation benefit under this Rule and amounts paid, if any, under Division 3B of this Part, and amounts, if any, in the PSSAP member’s personal accumulation account.

2.4.1E Subject to the SIS Act and Rule 2.4B.2, a PSSAP pensioner may transfer or roll-over a roll-over superannuation benefit to CSC as a transfer amount, provided:

(a) CSC has accepted an election by the member for a particular investment strategy; and

(b) the transfer amount is transferred for the sole purpose of combination with amounts commuted or to be commuted from an existing pension account established by CSC under Rule 3.6.1.

2.4A.1 Subject to the SIS Act and Rule 2.4B.2, a contributions-splitting superannuation benefit may be paid to CSC in respect of:

(a) an ordinary employer-sponsored member; or

(b) a PSSAP member, provided that the amount of the benefit, in total or part, relates to contributions made to a regulated superannuation fund in a financial year when the PSSAP member was an ordinary employer-sponsored member at any point in time in that year.

2.4B.1 CSC may from time to time determine the method by which contributions and other amounts required or permitted to be paid under Part 2, except those contributions mentioned in Rule 2.2.1A, must be paid to CSC.

2.4B.2 Contributions and other amounts required or permitted to be paid under Part 2 must be paid to CSC in accordance with any determination of CSC under Rule 2.4B.1 that applies to the contributions or other amounts.

2.4B.3 CSC must reject any contributions or other amounts paid under Part 2 if the SIS Act would prevent the PSSAP Fund from accepting the contributions or other amounts or if acceptance of the contributions or other amounts by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund.

2.4B.4 CSC must pay contributions and other amounts paid to it under Part 2 into the PSSAP Fund.

2.5.1 CSC may determine fees to be paid from the personal accumulation account of a PSSAP member relating to the costs of the administration of the Act and this Deed (generally and in matters relating more specifically to the account).

3.1.1 A benefit application may be made to CSC by:

(a) an ordinary employer‑sponsored member who:

(i) paragraph deleted in the 2nd Amending Deed;

(ii) has applied for approval of their invalidity retirement under Rule 3.3.1; or

(iv) is a transitional member who is applying for an amount of benefits
to be cashed as an income product which may be a transition to retirement income stream, a non‑commutable allocated annuity, a non‑commutable allocated pension, a non‑commutable annuity or a non‑commutable pension; or

(aa) an eligible PSSAP member or an eligible CSS/PSS member or former member who is applying for the payment of benefits on the basis that he or she has a permanent incapacity; or

(b) a PSSAP member other than in the capacity of an ordinary employer‑sponsored member applying under paragraph (a); or

(c) a PSSAP member who is applying for the payment of benefits on compassionate grounds or due to severe financial hardship; or

(d) the legal personal representative of a PSSAP member; or

(e) a person claiming to be entitled to the benefit of a deceased PSSAP member; or

(g) a PSSAP member or PSSAP pensioner who is applying for an amount of benefits to be cashed as an account‑based pension; or

(h) a PSSAP pensioner, non‑member spouse or reversionary beneficiary who is applying to commute all or part of the balance of their pension account; or

(i) a PSSAP member who is applying for income protection benefits under Rule 3.4.1; or

(j) a PSSAP member who is applying for spouse contributions‑splitting, provided the split of contributions is permitted under Division 6.7 of the SIS Regulations.

3.1.2 A benefit application must be made in a form acceptable to CSC and must include any supporting evidence of entitlement to the benefit required by CSC.

Payment of benefits to a PSSAP member who has ceased to be an ordinary employer‑sponsored member

3.1.4 On receiving a benefit application from or on behalf of a PSSAP member pursuant to Rule 3.1.1(b), CSC must pay to or in respect of the member a lump sum amount of such part of their total benefit as requested in the benefit application, subject to the SIS Act.

Payment of benefits to a PSSAP member on compassionate and financial hardship grounds

3.1.6 If CSC receives a benefit application from a PSSAP member pursuant to Rule 3.1.1(c), CSC may pay the person such part of their total benefit as requested in the benefit application, subject to the SIS Act:

(a) on a compassionate ground in accordance with a determination made under the SIS Act; or,

(b) on grounds of severe financial hardship in accordance with the SIS Act.

3.1.7 If CSC receives or is taken to have received a benefit application from or on behalf of an ordinary employer‑sponsored member pursuant to Rule 3.1.1(a)(ii) and CSC approves the invalidity retirement of the ordinary employer‑sponsored member, CSC must, if the person ceases to be an ordinary employer‑sponsored member following approval of their invalidity retirement:

(a) pay the person as a lump sum such part of their total benefit as the SIS Act permits; or

(b) if the person has, in their benefit application or in writing to CSC, applied for a lump sum amount that is less than their total benefit, pay the person the amount set out in the application or in writing as the SIS Act permits.

3.1.8 If CSC receives a benefit application from or on behalf of an ordinary employer‑sponsored member pursuant to Rule 3.1.1(i), the member, subject to Rules 3.4.2 and 3.4.5, is entitled to income protection benefits in accordance with Rule 3.4.3.

3.1.9 If CSC receives a benefit application from a transitional member pursuant to Rule 3.1.1(a)(iv) and CSC has in place arrangements for members to purchase the income product requested in the application, CSC, in accordance with Rule 3.5.1, must, on behalf of the transitional member, arrange for the purchase by the member of an income product of the type so requested costing an amount equal to the total benefit set out in the benefit application.

3.1.9A If CSC receives a benefit application from an eligible PSSAP member or an eligible CSS/PSS member or former member under Rule 3.1.1(aa), CSC may pay the person the whole or a part of the person’s total benefit as requested in the benefit application, subject to the SIS Act.

3.1.10 On receiving a benefit application from the legal personal representative of a PSSAP member under Rule 3.1.1(d), CSC may pay to the legal personal representative such part of the total benefit as the SIS Act permits if CSC is satisfied that:

(a) the PSSAP member is under a legal disability; and

(b) the PSSAP member is entitled to the payment of a benefit under the Rules.

3.1.11 When CSC:

(a) receives an application for benefits from a person claiming to be entitled to the benefit of a person who is a deceased PSSAP member; or

(b) otherwise becomes aware that a PSSAP member has died;

CSC must determine who is entitled to be paid the death benefits in accordance with Division 2 of this Part and pay the total benefit to the person or persons so entitled in such shares as CSC determines.

3.1.11A Where CSC receives a release authority, CSC may pay an amount, as required or permitted under the SIS Act and the taxation legislation.

3.1.12 Where a part of the total benefit is paid to or in respect of a PSSAP member under this Division, the remainder of the benefit is retained in the personal accumulation account of the PSSAP member unless a roll‑over application or benefit application is made in relation to the remainder of the benefit.

3.1.13 A roll‑over application may be made to CSC, in accordance with the SIS Act, by:

(a) a PSSAP member, or in respect of a PSSAP member, other than in their capacity as a transitional member applying under paragraph (b); or

(b) a transitional member who is applying for an amount of benefits to be cashed as an income product, which may be a transition to retirement income stream, a non‑commutable allocated annuity, a non‑commutable allocated pension, a non‑commutable annuity or a non‑commutable pension.

3.1.14 Subject to the SIS Act, a roll‑over application must be made in a form acceptable to CSC and must include any supporting evidence of entitlement to the benefit required by CSC.

3.1.15 Subject to the SIS Act, if CSC receives a roll‑over application from a PSSAP member under Rule 3.1.13(a), CSC, where required by the SIS Act, must, and, where not so required, may roll‑over or transfer so much of the person’s total benefit as is requested in the roll‑over application to a superannuation entity, RSA or life insurance company.

3.1.18 If CSC receives a roll‑over application from a transitional member under Rule 3.1.13(b), CSC must, subject to the SIS Act, roll‑over or transfer such part of the person’s total benefit as is requested in the roll‑over application to a superannuation entity or life insurance company.

3.1.19 If no benefit application or roll‑over application is received upon a PSSAP member ceasing to be an ordinary employer‑sponsored member and Rule 3.1.20 does not apply, the total benefit is retained in the personal accumulation account of the PSSAP member.

3.1.20 CSC may pay benefits to the Commissioner of Taxation in accordance with the Superannuation (Unclaimed Money and Lost Members) Act 1999.

3.1.21 If CSC receives a benefit application under Rule 3.1.1(j) then, subject to the SIS Act, CSC must pay such part of the person’s total benefit as requested in the application as a contributions‑splitting superannuation benefit to a superannuation entity or RSA as nominated by the person.

3.2.1 A PSSAP member or PSSAP pensioner may require, by lapsing binding member nomination or non-lapsing binding member nomination, CSC to provide some or all of their benefit to their legal personal representative or one or more dependants on or after their death.

3.2.2 A binding member nomination, whether lapsing or non-lapsing, must be made in a form and manner specified by CSC from time to time, and:

(a) for a lapsing binding member nomination, the nomination must be made in accordance with the requirements of regulation 6.17A of the SIS Regulations;

(b) for a non-lapsing binding member nomination, the nomination is valid only once it has been consented to by CSC.

3.2.3 A valid non-lapsing binding member nomination ceases to be valid:

(a) if the PSSAP member or PSSAP pensioner revokes the non‑lapsing binding member nomination by notice to CSC; or

(b) if CSC consents to a new valid non-lapsing binding member nomination provided by the PSSAP member or PSSAP pensioner; or

(c) in other circumstances determined by CSC.

3.2.4 CSC is not required to provide benefits in accordance with a PSSAP member’s or PSSAP pensioner’s non-lapsing binding member nomination if:

(a) CSC is subject to a court order that restrains or prohibits it from paying a benefit in accordance with the nomination; or

(b) CSC is aware that the PSSAP member or PSSAP pensioner is subject to a court order that requires the person to amend or revoke the nomination or restrains or prohibits the person from making the nomination.

3.2.5 Subject to the SIS Act a lapsing binding member nomination and Rule 3.2.4 a non-lapsing binding member nomination, if, upon the death of a PSSAP member or PSSAP pensioner, CSC is in receipt of a valid lapsing binding member nomination or non‑lapsing binding member nomination in relation to the deceased PSSAP member or PSSAP pensioner, then the member’s or pensioner’s total benefit must be paid by CSC to the person or persons specified in the nomination.

3.2.6 Subject to Rule 3.2.5, in the event of the death of a PSSAP member or PSSAP pensioner, CSC must pay or apply the deceased member’s total benefit to or for the benefit of one or more, as determined by CSC, of the following:

(a) one or more dependants of the deceased PSSAP member or PSSAP pensioner;

(b) the legal personal representative of the deceased PSSAP member or PSSAP pensioner.

3.2.7 Subject to the SIS Act, if, upon the death of a PSSAP member or PSSAP pensioner, CSC is not in receipt of a valid lapsing binding member nomination or non‑lapsing binding member nomination in relation to the deceased PSSAP member or PSSAP pensioner and, after making reasonable enquiries, CSC has not found either a legal personal representative or a dependant of the deceased PSSAP member or PSSAP pensioner, CSC will pay or apply the deceased member’s or pensioner’s total benefit to or for the benefit of such one or more individuals as determined by CSC.

3.3.1 An application for approval of the invalidity retirement of an ordinary employer‑sponsored member invalidity retirement of a member who is an ordinary employer-sponsored member under subsection 18(2), 18(3) or 18(5) of the Act may be made to CSC by:

(a) the ordinary employer‑sponsored member; or

(b) the designated employer of the ordinary employer‑sponsored member.

3.3.2 An ordinary employer‑sponsored member in respect of whom an application under Rule 3.3.1 is made is taken to have also made a benefit application.

3.3.3 Following receipt of an application to approve the invalidity retirement of an ordinary employer‑sponsored member invalidity retirement of an ordinary employer-sponsored member under subsection 18(2), 18(3) or 18(5) of the Act, CSC may approve the person’s invalidity retirement if it is satisfied that the person has a permanent incapacity.

3.3.4 CSC may determine the process it will follow before approving the invalidity retirement of an ordinary employer‑sponsored member invalidity retirement of an ordinary employer-sponsored member under subsection 18(2), 18(3) or 18(5) of the Act.

3.3.5 CSC must advise its decision under Rule 3.3.3 to the ordinary employer‑sponsored member and the designated employer of the ordinary employer‑sponsored member. The advice is to include a statement of the reasons for the decision.

3.4.1 A PSSAP member may apply to CSC for income protection benefits if the PSSAP member:

(a) is unable to work due to a temporary incapacity; and

(b) holds income protection cover.

3.4.2 Following receipt of an application for income protection benefits from a PSSAP member who meets the requirements of Rule 3.4.1 CSC must make a claim against the policy or policies providing the income protection cover.

3.4.3 Subject to the SIS Act, any amount, other than an income protection superannuation contribution amount, paid by an insurance company in response to a claim against a policy providing income protection cover must be paid to the PSSAP member as a non‑commutable income stream.

3.4.4 Any amount, other than an income protection superannuation contribution amount, paid to a PSSAP member in respect of a claim against a policy providing income protection cover does not form part of the personal accumulation account of the PSSAP member.

3.4.5 Nothing in this Deed requires CSC to pay income protection benefits where:

(a) a PSSAP member does not hold income protection cover; or

(b) an insurance company does not pay any amount in response to a claim by CSC.

3.5.1 CSC may enter into arrangements with a provider of products and services other than the Commonwealth to offer income products, including retirement income products, for purchase by persons in receipt of benefits under the Rules.

3.5.2 A person in receipt of benefit under Division 1 of this Part may use the benefits to purchase income products arranged by CSC, subject to the SIS Act.

3.6.1 If CSC receives a benefit application from a PSSAP member or PSSAP pensioner pursuant to Rule 3.1.1(g), CSC may, subject to the SIS Act and the person satisfying any requirements determined under Rule 3.6.2, provide one or more account‑based pensions to the person.

3.6.2 CSC may, subject to the SIS Act and this Division, determine terms and conditions for the provision of an account‑based pension, including the amount and manner of payments from the account.

3.6.3 If CSC provides an account‑based pension under Rule 3.6.1, the following conditions, in addition to any terms and conditions determined by CSC under Rule 3.6.2, shall apply to the pension:

(a) the pension shall be paid from the pension account;

(b) payment of the pension shall be made at least annually until the earlier of the member’s death or the date that the pension account balance is exhausted;

(c) the amount of any pension payment cannot be greater than the balance of the pension account at the time of the payment;

(d) the amount of the pension shall be subject to the minimum and maximum limits specified by the SIS Act;

(e) once the pension is commenced, no amounts can be added to it by way of contribution or roll‑over to the pension account;

(f) the pension is transferable to another person only on the death of the PSSAP pensioner or reversionary beneficiary or as otherwise permitted under the SIS Act;

(g) the capital value of the pension and income from the pension cannot be used by a person as security for a borrowing;

(h) the pension is to be commuted in whole or part to a lump sum only if permitted or required by the SIS Act; and

(i) the pension must be commuted in whole or part to a lump sum where CSC receives a commutation authority issued under the taxation legislation and the SIS Act permits the commutation.

3.6.4 Where CSC provides one or more account‑based pensions to a PSSAP member under Rule 3.6.1, CSC shall establish and maintain a separate pension account for each pension.

3.6.5 At any particular time, the balance of the pension account of a PSSAP pensioner is equal to the total of the amounts credited to the pension account of the PSSAP pensioner under Rule 3.6.6 less the total of the amounts debited to the pension account under Rule 3.6.7.

3.6.6 The following amounts are to be credited to a pension account:

(a) the amount transferred from the personal accumulation account or non‑member spouse interest account of the PSSAP pensioner, as requested by the PSSAP pensioner;

(b) the interest (if any) in respect of fund earnings on the pension account as determined by CSC;

(c) the amount (if any) of roll‑over superannuation benefit transferred or rolled‑over under Rule 2.4.1D, unless that amount is credited to the PSSAP member’s personal accumulation account; and

(d) such other amounts as CSC determines from time to time.

3.6.7 The following amounts are to be debited to a pension account:

(a) any pension payments made to or in respect of the PSSAP pensioner or a reversionary beneficiary;

(b) the interest (if any) in respect of fund losses on the pension account as determined by CSC;

(c) any fees, costs and expenses paid or deducted from the pension account under Rule 3.6.9;

(d) any amounts commuted under Rule 3.6.3(i) or Rule 3.6.8;

(da) any amount paid by CSC in respect of the PSSAP pensioner under Rule 3.1.11A; and

(e) such other amounts as CSC determines from time to time.

3.6.8 If CSC receives a benefit application from a PSSAP pensioner, reversionary beneficiary or non‑member spouse pursuant to Rule 3.1.1(h), CSC may, subject to the SIS Act:

(a) roll‑over or transfer to a superannuation entity or life assurance company;

(b) pay to the person (as a lump sum);

(c) if the application is from a PSSAP member, credit the person’s personal accumulation account;

(d) if the application is from a non‑member spouse, credit the person’s non‑member spouse interest account;

(e) if the application is from a PSSAP member with no personal accumulation account, create a personal accumulation account for the person, and credit that personal accumulation account;

(f) if the application is from a former non‑member spouse with no personal accumulation account or non‑member spouse interest account, create a non‑member spouse interest account for the person, and credit that non‑member spouse interest account;

such part of the person’s pension account as is requested in the application.

3.6.8A Where the pension is commuted because of Rule 3.6.3(i), CSC may, subject to the SIS Act:

(a) roll-over or transfer to a superannuation entity;

(b) pay to the person (as a lump sum);

(c) credit the person’s personal accumulation account;

(d) credit the person’s non‑member spouse interest account;

(e) if the person is a PSSAP member with no personal accumulation account, create a personal accumulation account for the person, and credit that personal accumulation account;

(f) if the person is a non‑member spouse with no personal accumulation account or non‑member spouse interest account, create a non‑member spouse interest account and credit that non‑member spouse interest account;

all or part of the commutation amount.

3.6.9 Fees, costs and expenses incurred in relation to a pension account are to be determined by CSC and deducted from that pension account.

3.6.10 If CSC is satisfied that a PSSAP pensioner or reversionary beneficiary has died, CSC may, pending payment of the person’s benefit, switch the investment options in which the person’s benefit was then invested to an investment option that CSC selects.

3.6.11 Rules 3.1.1(c), 3.1.1(d), 3.1.1(e), 3.1.6, 3.1.10, 3.1.11A and 3.1.20 apply to or in relation to a PSSAP pensioner or reversionary beneficiary in the same way as they apply to or in relation to a PSSAP member.