{"id":"F1996B03619","name":"Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981","slug":"superannuation-css-continuing-contributions-for-benefits-regulations-1981","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"36 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29458,"registerId":"commonwealth-F1996B03619-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulations \\[see Note 1\\]","content":"1 Name of regulations \\[see Note 1\\]\n\nThese regulations are the Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981.\n\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"2 Interpretation\n\n(1) In these regulations, unless the contrary intention appears:\n\n> ACT Government control, in relation to a company, means the holding of a controlling interest in the company by all or any of the following:\n\n(a) the Australian Capital Territory (or its nominees);\n\n(b) an authority or body, whether a body corporate or not, established for a public purpose by or under a law of the Australian Capital Territory;\n\n(c) a company, or other body corporate, that is under ACT Government control (within the meaning of this definition).\n\n> ASPI Ltd means Australian Strategic Policy Institute Limited (ACN 097369045), incorporated under the Corporations Act 2001 on 22 August 2001.\n\n> ASP Ship Management means the partnership known by that name entered into between Marine Management Services Pty Ltd and Associated Steamships Pty Ltd.\n\n> ATP Ltd means Australian Training Products Limited (ACN 062758632), incorporated under the Corporations Law on 15 August 1994.\n\n> Australian Government Solicitor means the body corporate established under Division 2 of Part VIIIB of the Judiciary Act 1903.\n\n> AWB Limited means the company (ACN 081890459) that was established under the Corporations Law on 1 June 1998.\n\n> Commonwealth control, in relation to a company, means the holding of a controlling interest in the company by all or any of the following:\n\n(a) the Commonwealth (or its nominees);\n\n(b) an authority or body, whether a body corporate or not, established for a public purpose by or under a law of the Commonwealth;\n\n(c) a company, or other body corporate, that is under Commonwealth control (within the meaning of this definition).\n\n> CSS/PSS Board means either or both of:\n\n(a) the CSS Board established under section 27A of the Superannuation Act 1976; and\n\n(b) the PSS Board established under section 20 of the Superannuation Act 1990.\n\n> employee of ASP Ship Management means a person employed by the partners of ASP Ship Management for the purposes of the partnership.\n\n> Medibank means the company (ACN 080890259) that was incorporated under the Corporations Law on 1 December 1997.\n\n> mobility allowance means an allowance of that name payable in accordance with a determination made under section 82D of the Public Service Act 1922.\n\n> officer has the same meaning as in the Public Service Act.\n\n> performance pay means a payment of that name made under an industrial agreement under Division 3A of Part VI of the Industrial Relations Act 1988.\n\n> Public Service Act means the Public Service Act 1922.\n\n> Qantas employee means an employee (other than a casual employee or a temporary part-time employee) of a company that is:\n\n(a) Qantas; or\n\n(b) a Qantas subsidiary;\n\nwithin the respective meanings of the Qantas Sale Act 1992.\n\n> relevant Northern Territory employment means any of the following employment:\n\n(a) employment as a member of the Police Force of the Northern Territory;\n\n(b) employment by an approved authority, being the Northern Territory of Australia or an authority or body established by or under a law of that Territory;\n\n(c) employment as the holder of a statutory office established by a law of the Northern Territory of Australia.\n\n> relevant person means a person to whom section 14A of the Act applies.\n\n> SMHEA corporatisation date means the date on which section 59 of the Snowy Hydro Corporatisation Act 1997 commences.\n\n> State superannuation scheme means a superannuation scheme established under the law of a State and applying to persons employed in the Public Service, or any other service, of the State.\n\n> superannuation scheme means a superannuation or retirement benefits scheme applying to persons by reason of their being engaged in certain employment but, subject to subregulation (5), does not include:\n\n(a) a scheme to the extent that membership of that scheme by the person is for the preservation or payment of productivity related benefits as defined in section 110A of the Act; or\n\n(b) the Public Sector Superannuation Scheme to the extent that membership of that scheme by the person relates to other employment; or\n\n(c) a scheme to the extent that participation in that 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.\n\n> the Act means the Superannuation Act 1976.\n\n> the 50% sale day has the same meaning as in the Qantas Sale Act 1992.\n\n> top-up arrangement has the meaning given by subregulation (3).\n\n(2) For the purposes of these regulations, 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:\n\n(a) by reason only of a top-up arrangement; or\n\n(b) by reason of:\n\n(i) a top-up arrangement; and\n\n(ii) any of the following circumstances:\n\n(A) contributions are made to the scheme in relation to performance pay;\n\n(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;\n\n(C) participation in the scheme on the  \nperson’s behalf by the person’s employer  \nis for purposes solely related to satisfying  \nthe employer’s obligations under the Superannuation Guarantee (Administration) Act 1992;\n\nbut no other circumstance (except that mentioned in subparagraph (i)).\n\n(3) Subject to subregulation (4), 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).\n\n(4) An arrangement is not a top-up arrangement unless:\n\n(a) the contributions mentioned in subregulation (3):\n\n(i) constitute part of the payee’s overall remuneration; and\n\n(ii) are not paid as an addition to remuneration otherwise payable; and\n\n(b) the payer makes payments under the Act:\n\n(i) in respect of the payee; and\n\n(ii) in relation to the employment or office to which the arrangement relates.\n\n(5) Paragraphs (a) and (c) of the definition of superannuation scheme do not apply in relation to:\n\n(a) subregulation (2) or (3); or\n\n(b) a reference in any other provision of these regulations to a scheme of which a person is taken, under subregulation (2), to be a member.\n\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Classes of persons to which section 14A of the Act does not apply","content":"3 Classes of persons to which section 14A of the Act does not apply\n\n(1) Each of the following classes of persons is a class to which section 14A of the Act does not apply:\n\n(a) a class of persons each of whom:\n\n(i) is, otherwise than by virtue of subsection 87C (2) of the Public Service Act, an officer to whom Division 2 of Part IV of that Act applies; and\n\n(ii) was not, immediately before becoming, or last becoming, such an officer, an eligible employee;\n\n(b) a class of persons each of whom:\n\n(i) is, by virtue of subsection 87C (2) of the Public Service Act, an officer to whom Division 2 of Part IV of that Act applies; and\n\n(A) the dismissal in relation to which his re-appointment,or last re-appointment, under section 63F or 63G of that Act was made; and\n\n(B) that re-appointment;\n\n(c) a class of persons each of whom:\n\n(i) is, otherwise than by virtue of subsection 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies; and\n\n(ii) was not, immediately before becoming, or last becoming, such a person, an eligible employee;\n\n(d) a class of persons each of whom:\n\n(i) is, otherwise than by virtue of subsection 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies;\n\n(ii) was, immediately before becoming, or last becoming, such a person, an eligible employee; and\n\n(iii) became, upon becoming such a person, a member of a superannuation scheme, other than:\n\n(C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\napplying in relation to the employment in which that person was then engaged;\n\n(e) a class of persons each of whom:\n\n(i) is, by virtue of subsection 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies; and\n\n(A) the dismissal in relation to which the declaration, or last declaration, under subsection 63G (7) of that Act was made in relation to him; and\n\n(B) the making of that declaration;\n\n(f) a class of persons each of whom:\n\n(i) is an approved person for the purposes of Part IV of the Commonwealth Legal Aid Commission Act 1977; and\n\n(ii) became, during the period that:\n\n(A) commenced upon his becoming, or last becoming, such an approved person; and\n\n(B) ended at the expiration of 14 March 1981;\n\na member of a State superannuation scheme;\n\n(g) a class of persons each of whom:\n\n(i) is performing duty in the Australian Public Service in pursuance of a re-appointment to that Service under section 63F, 63G or 66B of the Public Service Act; and\n\n(A) the dismissal, or deemed retirement, in relation to which that re-appointment was made; and\n\n(B) that re-appointment;\n\n(h) a class of persons each of whom:\n\n(i) is a person (not being included in a class of persons referred to in paragraph (g)) who is a permanent employee or a temporary employee by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been re‑appointed to the Australian Public Service under section 63F, 63G or 66B of the Public Service Act; and\n\n(ii) was not immediately before both:\n\n(A) the termination or cessation of the employment to which the reinstatement relates; and\n\n(B) the reinstatement;\n\n(j) a class of persons each of whom:\n\n(i) is a person who is performing duty in the Australian Public Service by virtue of having been deemed to have been re-appointed to that Service in accordance with section 87M or 87Q of the Public Service Act; and\n\n(ii) was not an eligible employee on the day immediately preceding the day on which he or she is to be deemed to have been so re-appointed to that Service;\n\n(k) a class of persons each of whom (not being a person referred to in subparagraph (j) (i)):\n\n(i) is a permanent employee or a temporary employee by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been deemed to have been re-appointed to the Australian Public Service in accordance with section 87M or 87Q of the Public Service Act; and\n\n(ii) was not an eligible employee:\n\n(A) in the case of a permanent or temporary employee who is reinstated on the day immediately following the day (in this subparagraph called his or her last day in prescribed employment) on which there took effect the termination or cessation of employment to which the reinstatement relates — on his or her last day in prescribed employment; or\n\n(B) if sub-subparagraph (A) does not apply — both on his or her last day in prescribed employment and on the day immediately preceding the day of his or her reinstatement;\n\n(m) a class of persons each of whom became on 1 July 1990, and continues to be, a member of the Australia Post Superannuation Scheme;\n\n(n) a class of persons each of whom became on 1 July 1990, and continues to be, a member of the Telecom Superannuation Scheme;\n\n(o) a class of persons each of whom:\n\n(i) is a person (in this paragraph referred to as a contributions-barred person) in respect of whom, under the SIS Act, contributions to a regulated superannuation fund cannot be accepted; and\n\n(ii) is not:\n\n(A) a person who, immediately before the commencement of this paragraph, was an eligible employee and who has since remained an eligible employee; or\n\n(B) a person (not being a person referred to in sub‑subparagraph (A)) who, immediately before becoming a contributions-barred person, was an eligible employee and who has since remained an eligible employee;\n\n(p) a class of persons each of whom:\n\n(i) on or after 1 August 1998, becomes a person to whom Division 2 or 3 of Part IV of the Public Service Act applies; and\n\n(ii) is not a person who is included in a class of persons specified in subregulation 3A (1).\n\n(1A) For the purposes of sub-subparagraph 3 (1) (d) (iii) (C), a person is taken to be a person to whom the 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).\n\n(2) In subregulation (1), reinstated, in relation to a person who is a permanent employee or a temporary employee, means re‑appointed or re-employed, or to be deemed to be, or deemed to have been, re-appointed or re-employed, as the case requires.\n\n","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Classes of persons to which s 14A of the Act applies","content":"3A Classes of persons to which s 14A of the Act applies\n\n(1) Each of the following classes of persons is a class to which section 14A of the Act applies:\n\n(a) a class of persons each of whom:\n\n(i) is employed by AIDC Ltd., except on a casual or temporary part-time basis; and\n\n(ii) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies; and\n\n(iii) immediately before becoming employed by AIDC Ltd. was:\n\n(A) an officer or employee of Australian Industry Development Corporation; and\n\n(B) an eligible employee; and\n\n(iv) has not at any time ceased to be employed by AIDC Ltd.; and\n\n(v) while employed by AIDC Ltd. has not been a member of a superannuation scheme applying in relation to that person’s employment, other than:\n\n(C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(b) a class of persons (other than a person in the class referred to in paragraph 3 (1) (m)) each of whom:\n\n(i) is on 30 June 1990, and continues to be, an employee of, or the holder of a statutory office in, Australian Postal Corporation; and\n\n(ii) is on 30 June 1990 an eligible employee;\n\n(c) a class of persons (other than a person in the class referred to in paragraph 3 (1) (n)) each of whom:\n\n(i) immediately before 1 February 1992 was both an employee of, or the holder of a statutory office in, the Australian Telecommunications Corporation and an eligible employee; and\n\n(ii) on that day became, and continues to be, an employee of, or the holder of a statutory office in, the Australian and Overseas Telecommunications Corporation; and\n\n(iii) has not, on or after 1 February 1992, become a member of a superannuation scheme that applies to that employment or office, other than:\n\n(B) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(ca) a class of persons each of whom:\n\n(i) immediately before 1 February 1992 was both an employee of OTC Limited and an eligible employee; and\n\n(ii) on that day became, and continues to be, an employee of, or the holder of a statutory office in, the Australian and Overseas Telecommunications Corporation; and\n\n(iii) has not, on or after 1 February 1992, become a member of a superannuation scheme that applies to that employment or office, other than:\n\n(B) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(d) a class of persons each of whom:\n\n(i) is:\n\n(A) the Executive Director (if he or she holds office on a full-time basis); or\n\n(B) an employee (other than a person employed on a casual basis or part-time on a temporary basis);\n\nof the Dairy Research and Development Corporation; and\n\n(ii) was an eligible employee immediately before becoming, or last becoming, a person specified in subparagraph (i); and\n\n(iii) since becoming, or last becoming, a person specified in subparagraph (i), has not been a member of a superannuation scheme in relation to that person’s employment with the Dairy Research and Development Corporation, other than:\n\n(C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(e) a class of persons each of whom:\n\n(i) is employed by the Northern Land Council, except on a casual or temporary part-time basis; and\n\n(ii) became, or last became, so employed on or after 7 March 1988; and\n\n(iii) immediately before last becoming so employed was an eligible employee; and\n\n(iv) is not a member of a superannuation scheme, other than:\n\n(C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\nin relation to that person’s employment by the Northern Land Council; and\n\n(v) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies; and\n\n(vi) in the case of a person who became employed as mentioned in subparagraph (i) before 1 January 1992 — requests in writing before that date to be treated as an eligible employee;\n\n(f) a class of persons each of whom:\n\n(i) is an employee, other than a casual employee or temporary part-time employee, of ASP Ship Management; and\n\n(ii) has never been a casual employee or temporary part‑time employee of ASP Ship Management; and\n\n(iii) has never been a member of a superannuation scheme, other than:\n\n(C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\napplying to the person’s employment by ASP Ship Management; and\n\n(iv) was an eligible employee immediately before becoming an employee of ASP Ship Management; and\n\n(v) was an employee of ANL Limited immediately before becoming an employee of ASP Ship Management;\n\n(g) a class of persons each of whom:\n\n(i) became a temporary full-time employee of the Dairy Research and Development Corporation (the Corporation) on 2 January 1991; and\n\n(ii) was a person to whom deferred benefits applied under the Act on 2 January 1991; and\n\n(iii) continues to be a permanent employee or a temporary full-time employee of the Corporation;\n\n(h) a class of persons, each of whom:\n\n(i) is eligible to be paid a mobility allowance or would be eligible to be paid the allowance except for the amount of income that the person is receiving; and\n\n(ii) was an eligible employee immediately before becoming eligible to be paid the allowance; and\n\n(iii) is not a member of the Superannuation (1990) Scheme;\n\n(j) a class of persons each of whom:\n\n(i) before the 50% sale day, becomes a Qantas employee; and\n\n(ii) immediately before so becoming a Qantas employee, was an eligible employee employed by Australian Airlines Limited; and\n\n(iii) does not cease to be a Qantas employee; and\n\n(iv) does not become a member of a superannuation scheme, other than:\n\n(B) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\nthat applies to the person’s employment as a Qantas employee;\n\n(k) a class of persons each of whom is a person:\n\n(i) who, on 31 August 1993, was an eligible employee employed by Commonwealth Serum Laboratories Limited in its National Blood Group Reference Laboratory; and\n\n(ii) who, on 1 September 1993, became an employee of the New South Wales Red Cross Blood Transfusion Service in its National Blood Group Reference Laboratory; and\n\n(iii) who made a request, in writing, before 1 September 1993, to be treated as an eligible employee while an employee of the New South Wales Red Cross Blood Transfusion Service; and\n\n(iv) in relation to whom the New South Wales Red Cross Blood Transfusion Service made a request, in writing, before 1 September 1993, for the person to be treated as an eligible employee while an employee of that Service;\n\n(l) a class of persons each of whom is a person:\n\n(i) who is employed by Australian Meat Technology Pty Limited (in this paragraph called AMT), other than as a casual or temporary part-time employee; and\n\n(ii) who, immediately before becoming, or last becoming, an employee of AMT:\n\n(A) was employed by the Commonwealth Scientific and Industrial Research Organisation; and\n\n(B) was an eligible employee; and\n\n(iii) in respect of whom (if the person became, or last became, an employee of AMT before the day on which the making of the relevant amendment is notified in the Gazette):\n\n(A) the person had made a request, in writing before that day, that the person continue to be treated as an eligible employee; and\n\n(B) payment had been made before that day of all contributions that would have been payable under the Act before that day by the person if the relevant amendment had been made, and its making notified in the Gazette, on or before the day on which the person became an employee of AMT;\n\n(m) a class of persons each of whom:\n\n(i) is employed by Australian Information Media Pty Limited (in this paragraph called AIM), otherwise than as a casual or temporary part-time employee; and\n\n(ii) was an eligible employee immediately before last becoming such an employee of AIM; and\n\n(iii) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies;\n\n(n) a class of persons each of whom:\n\n(i) is relevantly employed for the purposes of this paragraph, that is to say employed (otherwise than as a casual employee or a temporary part-time employee) by Avalon Airport Geelong Pty Ltd. or ASTAAS Pty Ltd; and\n\n(ii) immediately before last becoming relevantly employed, was an eligible employee employed by Avalon Airport Geelong Pty Ltd., ASTAAS Pty Ltd or AeroSpace Technologies of Australia Limited; and\n\n(iii) immediately before 21 June 1995, was an eligible employee employed by AeroSpace Technologies of Australia Limited; and\n\n(iv) is not, in relation to the employment referred to in subparagraph (i), a member of a superannuation scheme, other than:\n\n(C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.\n\n> Note Until 5 September 1995, ASTAAS Pty Ltd was known as ASTA Aircraft Services Pty. Ltd..\n\n(o) a class of persons each of whom:\n\n(i) is a person who, on or after 1 July 1996, became, or becomes, an employee of ACTTAB Limited; and\n\n(A) a person who, immediately before becoming so employed, was an eligible employee under the Act; or\n\n(B) 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; or\n\n(C) a person to whom deferred benefits under the Act were applicable immediately before becoming so employed; or\n\n(D) a person who, because of the person’s employment in ACTTAB Limited, would be a re-employed former contributor with preserved rights if ACTTAB Limited were an approved authority; and\n\n(iii) does not cease to be an employee of ACTTAB Limited; and\n\n(iv) is not, in relation to the person’s employment in ACTTAB Limited, a member of a superannuation scheme, other than:\n\n(C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(p) a class of persons each of whom:\n\n(i) is employed by the Nuclear Safety Bureau (in this paragraph called NSB); and\n\n(A) a person who, immediately before last becoming so employed, was an eligible employee; or\n\n(B) 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; or\n\n(C) a person to whom deferred benefits under the Act were applicable immediately before becoming so employed; or\n\n(D) a person who, because of the person’s employment in NSB, would be a re‑employed former contributor with preserved rights if NSB were an approved authority; and\n\n(iii) after becoming an employee of NSB, made contributions to the superannuation scheme provided for by the Act as if he or she were a member of the scheme, despite the fact that he or she was not entitled to make contributions to the scheme; and\n\n(iv) in relation to the person’s employment with NSB, is not a member of a superannuation scheme, other than:\n\n(C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; and\n\n(v) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies;\n\n(q) a class of persons each of whom:\n\n(i) became an employee of the Australian Law Reform Commission (in this paragraph called ALRC) on 11 November 1996; and\n\n(ii) immediately before becoming so employed, was an eligible employee employed by the Law Reform Commission; and\n\n(iii) after becoming an employee of ALRC, made contributions to the superannuation scheme provided for by the Act as if he or she were a member of the scheme, despite the fact that he or she was not entitled to make contributions to the scheme; and\n\n(iv) is not, in relation to the person’s employment with ALRC, a member of a superannuation scheme, other than:\n\n(C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; and\n\n(v) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies;\n\n(r) a class of persons each of whom:\n\n(i) on or after 1 December 1997 became, or becomes, an employee of Medibank, other than on a casual or temporary part-time basis; and\n\n(A) a person who, immediately before last becoming so employed, was an eligible employee; or\n\n(B) 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 that section was, or would have been (but for a suspension of payment) payable immediately before becoming so employed; or\n\n(C) 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; or\n\n(D) a person to whom deferred benefits under the Act or the superseded Act were applicable immediately before becoming so employed; or\n\n(E) a person who, because of the person’s employment in Medibank, would be a re‑employed former contributor with preserved rights; and\n\n(iii) is not, in relation to the person’s employment in Medibank, a member of a superannuation scheme, other than:\n\n(A) the scheme provided for in the Act; or\n\n(C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; and\n\n(s) a class of persons each of whom:\n\n(i) became an employee of Employment National (Administration) Pty Ltd on 1 May 1998; and\n\n(ii) immediately before becoming so employed, was an eligible employee employed by the Department of Employment, Education, Training and Youth Affairs; and\n\n(iii) is not, in relation to the person’s employment in Employment National (Administration) Pty Ltd, a member of a superannuation scheme, other than:\n\n(A) the scheme provided for in the Act; or\n\n(C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; and\n\n(t) a class of persons each of whom:\n\n(i) became an employee of AWB Limited during the period from 1 June 1998 to 30 June 1999 (inclusive); and\n\n(ii) immediately before becoming so employed was an eligible employee employed by the Australian Wheat Board; and\n\n(iii) is not, in relation to the person’s employment with AWB Limited, a member of a superannuation scheme, other than:\n\n(C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; and\n\n(u) a class of persons each of whom meets one of the following requirements:\n\n(i) on 31 December 1998, the person was an eligible employee employed by the Northern Territory Legal Aid Commission;\n\n(ii) the person:\n\n(A) became an employee of the Commission on or after 1 January 1999; and\n\n(B) immediately before becoming an employee, was an eligible employee and was employed in relevant Northern Territory employment;\n\n(v) a class of persons each of whom:\n\n(i) becomes an employee of the Australian Government Solicitor on or after 1 September 1999; and\n\n(ii) immediately before becoming so employed was an eligible employee; and\n\n(iii) is not, in relation to the person’s employment with the Australian Government Solicitor, a member of a superannuation scheme, other than:\n\n(C) in the case of a person to whom, under subregulation (1A), this sub‑subparagraph applies — a scheme of which the person  \nis taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(w) a class of persons each of whom:\n\n(i) becomes an employee (except a casual or temporary part-time employee) of Sydney Airports Corporation Ltd on or after 28 May 1998; and\n\n(iii) is not, in relation to the person’s employment with Sydney Airports Corporation Ltd, a member of a superannuation scheme, other than:\n\n(B) in the case of a person to whom, under subregulation (1A), this sub‑subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(x) a class of persons each of whom:\n\n(i) becomes an employee (except a casual or temporary part-time employee) of Bankstown Airport Ltd on or after 19 June 1998; and\n\n(iii) is not, in relation to the person’s employment with Bankstown Airport Ltd, a member of a superannuation scheme, other than:\n\n(B) in the case of a person to whom, under subregulation (1A), this sub‑subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(y) a class of persons each of whom:\n\n(i) becomes an employee (except a casual or temporary part-time employee) of Essendon Airport Ltd on or after 1 July 1998; and\n\n(iii) is not, in relation to the person’s employment with Essendon Airport Ltd, a member of a superannuation scheme, other than:\n\n(B) in the case of a person to whom, under subregulation (1A), this sub‑subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(z) a class of persons each of whom:\n\n(i) on or after the commencement of the Sydney Harbour Federation Trust Act 2001, became, or becomes, an employee of the Sydney Harbour Federation Trust (otherwise than on a casual or temporary part-time basis); and\n\n(ii) either:\n\n(B) immediately before becoming so employed, was 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 that section was payable, or would have been payable but for a suspension of payment; or\n\n(C) immediately before becoming so employed, was a person to whom invalidity pension under the Act or the superseded Act was payable, or would have been payable but for a suspension of payment; or\n\n(D) immediately before becoming so employed, was a person to whom deferred benefits under the Act were applicable; or\n\n(E) is a person who, because of the person’s employment by Sydney Harbour Federation Trust, is a re‑employed former contributor with preserved rights; and\n\n(iii) is not, in relation to the person’s employment by Sydney Harbour Federation Trust, a member of a superannuation scheme, other than:\n\n(B) in the case of a person to whom, under subregulation (1A), this sub‑subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(za) a class of persons each of whom:\n\n(i) immediately before the SMHEA corporatisation date, was an eligible employee employed by the Snowy Mountains Hydro-electric Authority; and\n\n(ii) on the SMHEA corporatisation date, became an employee of Snowy Hydro Limited; and\n\n(iii) is not, in relation to the person’s employment with Snowy Hydro Limited, a member of a superannuation scheme, other than:\n\n(B) in the case of a person to whom, under subregulation (1A), this sub‑subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(zb) a class of persons each of whom:\n\n(i) became, or becomes, an employee of ATP Ltd (other than on a casual or temporary part-time basis) on or after 1 July 2001; and\n\n(ii) immediately before becoming so employed, was an eligible employee employed by the Australian National Training Authority; and\n\n(iii) is not, in relation to the person’s employment with ATP Ltd, a member of a superannuation scheme, other than:\n\n(B) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(zc) a class of persons:\n\n(i) each of whom became, or becomes, an employee of ASPI Ltd (otherwise than on a casual or temporary part-time basis) on or after 7 November 2001; and\n\n(ii) each of whom:\n\n(B) immediately before becoming so employed, was 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 that section was payable, or would have been payable but for a suspension of payment; or\n\n(C) immediately before becoming so employed, was a person to whom invalidity pension under the Act was payable, or would have been payable but for a suspension of payment; or\n\n(D) immediately before becoming so employed, was a person to whom deferred benefits under the Act or the superseded Act were applicable; or\n\n(E) is a person who, because of the person’s employment with ASPI Ltd, is a re‑employed former contributor with preserved rights; and\n\n(iii) each of whom is not, in relation to the person’s employment by ASPI Ltd, a member of a superannuation scheme, other than:\n\n(B) in the case of a person to whom, under subregulation (1A), this sub‑subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(zd) a class of persons each of whom:\n\n(i) is, or becomes, an employee of the CSS/PSS Board (otherwise than on a casual or temporary part-time basis); and\n\n(ii) either:\n\n(B) immediately before becoming so employed, was 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 that section was payable, or would have been payable but for a suspension of payment; or\n\n(C) immediately before becoming so employed, was a person to whom invalidity pension under the Act was payable, or would have been payable but for a suspension of payment; or\n\n(D) immediately before becoming so employed, was a person to whom deferred benefits under the Act or the superseded Act were applicable, and, in the case of a person who becomes a full-time temporary employee, makes an election in writing to become an eligible employee; or\n\n(E) is a person who, because of the person’s employment by the CSS/PSS Board, is a re‑employed former contributor with preserved rights, and, in the case of a person who becomes a full-time temporary employee, makes an election in writing to become an eligible employee; and\n\n(iii) is not, in relation to the person’s employment by the CSS/PSS Board, a member of a superannuation scheme, other than:\n\n(B) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.\n\n(1A) For the purposes of sub-subparagraphs (1) (a) (v) (C), (1) (c) (iii) (B), (1) (ca) (iii) (B), (1) (d) (iii) (C), (1) (e) (iv) (C), (1) (f) (iii) (C), (1) (j) (iv) (B), (1) (n) (iv) (C), (1) (o) (iv) (C), (1) (p) (iv) (C), (1) (q) (iv) (C), (1) (r) (iii) (C), (1) (s) (iii) (C), (1) (t) (iii) (C), (1) (v) (iii) (C), (1) (w) (iii) (B), (1) (x) (iii) (B), (1) (y) (iii) (B), (1) (z) (iii) (B), and (1) (za) (iii) (B), (1) (zb) (iii) (B), (1) (zc) (iii) (B) and (1) (zd) (iii) (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).\n\n(2) A reference in a paragraph of subregulation (1) to the relevant amendment is a reference to the amendment by which that paragraph was inserted into that subregulation.\n\n","sortOrder":3},{"sectionNumber":"3B","sectionType":"section","heading":"Repatriation staff to whom section 14A of the Act applies","content":"3B Repatriation staff to whom section 14A of the Act applies\n\n(1) Subject to subregulation (2), section 14A of the Act applies to the class of persons, each of whom:\n\n(a) is taken, by force of subsection 15 (2) of the Repatriation Institutions (Transfer) Act 1992, to have resigned from the Australian Public Service at the start of the day (in this regulation called the relevant day) on which a State, or an authority of a State, started to operate a repatriation institution (within the meaning of that Act); and\n\n(b) was an eligible employee immediately before the relevant day; and\n\n(c) on the relevant day, is in employment at that repatriation institution that is:\n\n(i) acceptable continuing employment, within the meaning of that Act; and\n\n(ii) not casual employment or temporary part-time employment; and\n\n(d) continues, on and from the relevant day, to be in that employment or in other employment that is not casual employment or temporary part-time employment and that is:\n\n(i) if the repatriation institution was, on the relevant day, operated by a State — other employment by that State, or employment by an authority of that State; or\n\n(ii) if the repatriation institution was, on the relevant day, operated by an authority of a State — other employment by that authority, or employment by that State or another authority of that State; and\n\n(e) does not become a member of a State superannuation scheme except, in the case of a person to whom, under subregulation (1A), this paragraph applies, a State superannuation scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.\n\n(1A) For the purposes of paragraph (1) (e), a person is taken to be a person to whom the paragraph applies if he or she 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).\n\n(2) Subregulation (1) does not apply if the Minister signs a certificate for the purposes of this regulation that there are no arrangements, satisfactory to the Minister, in respect of the payment by the State or the authority of a State referred to in paragraph (1) (d) to the Commonwealth for the provision of superannuation under the Act for the person.\n\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"When s 14A of the Act no longer applies","content":"4 When s 14A of the Act no longer applies\n\n(1) The time fixed, for the purposes of subsection 14A (2) of the Act, in relation to a relevant person who:\n\n(a) is a person to whom Division 3 of Part IV of the Public Service Act applies;\n\n(b) but for his being a relevant person, would not be an eligible employee; and\n\n(c) either:\n\n(i) makes, by notice in writing to the Commissioner or to a person authorized by the Commissioner for the purposes of this regulation, an election to cease to be a person to whom section 14A of the Act applies; or\n\n(ii) without previously making an election of the kind referred to in subparagraph (i), becomes a member of a superannuation scheme applying in relation to his employment, other than:\n\n(C) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\nis the expiration of the day immediately preceding the day on which the event referred to in paragraph (c) occurs.\n\n(1A) For the purposes of sub-subparagraph (1) (c) (ii) (C), paragraphs (2) (b) and (4) (c) and subparagraphs (5) (c) (iii), (6) (b) (iii), (9) (c) (ii), (10) (c) (iii), (11) (c) (iii), (13) (b) (iii), (16) (c) (iii), (17) (b) (iii), (18) (b) (iii), (19) (b) (iii), (20) (b) (iii), (21) (b) (iii), (22) (b) (iii), (23) (b) (ii), (24) (b) (ii), (25) (b) (ii), (26) (b) (ii) and (27) (b) (ii), (28) (b) (ii), (29) (b) (ii) and (30) (b) (ii), a person is taken to be a person to whom the relevant provision 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).\n\n(2) The time fixed, for the purposes of subsection 14A (2) of the Act, in relation to a relevant person who:\n\n(a) is an approved person for the purposes of Part IV of the Commonwealth Legal Aid Commission Act 1977; and\n\n(b) becomes a member of a State superannuation scheme other than, in the case of a person to whom, under subregulation (1A), this paragraph applies, a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\nis the expiration of the day immediately preceding the day on which he becomes a member of the State superannuation scheme.\n\n(3) The time fixed, for the purposes of subsection 14A (2) of the Act, in relation to a person (other than a person to whom Division 2 of Part IV of the Public Service Act applies) included in the class of persons referred to in paragraph 3A (1) (b), (c) or (ca) is:\n\n(a) the expiry of the day on which the person ceases to be an employee of, or the holder of a statutory office in, the Corporation referred to in the relevant paragraph; or\n\n(b) the expiry of the day immediately preceding the day on which the person becomes a member of the relevant superannuation scheme in relation to that Corporation; or\n\n(c) if the person is employed by, or holds a statutory office in, the Corporation referred to in that paragraph during a period of leave without pay from employment by the Commonwealth or an approved authority:\n\n(i) the expiry of the day immediately preceding the day on which the person elects that section 14A is to cease to apply to him or her; or\n\n(ii) the expiry of the day on which that period of leave without pay ends.\n\n(4) For the purposes of paragraph (3) (b), the relevant superannuation scheme means, in relation to a person mentioned in that paragraph:\n\n(a) in the case of the Australian Postal Corporation — the Australia Post Superannuation Scheme; and\n\n(b) in the case of the Australian and Overseas Telecommunications Corporation — the Telecom Superannuation Scheme;\n\nunless:\n\n(c) the person is a person to whom, under subregulation (1A), this paragraph applies; and\n\n(d) the scheme is a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.\n\n(5) Section 14A of the Act ceases to apply to a person mentioned in paragraph 3A (1) (f) at the end of the earliest of the following days:\n\n(a) the day on which the person ceases to be an employee of ASP Ship Management; or\n\n(b) the day immediately before the day on which the person becomes a casual, or temporary part-time, employee of ASP Ship Management; or\n\n(c) the day immediately before the day on which the person becomes a member of a superannuation scheme, other than:\n\n(i) the scheme constituted by the Act; or\n\n(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\napplying to the person’s employment by ASP Ship Management; or\n\n(d) if Commonwealth control of ASP Ship Management ceases — the later of:\n\n(i) the day on which that control ceases; or\n\n(ii) the day immediately before the day on which this paragraph commences.\n\n(6) Section 14A of the Act ceases to apply to a person in the class of persons referred to in paragraph 3A (1) (g):\n\n(a) at the end of the day on which the person ceases to be a person referred to in subparagraph 3A (1) (g) (iii); or\n\n(b) at the end of the day that immediately precedes the day on which the person becomes a member of a superannuation scheme, other than:\n\n(i) the scheme constituted by the Act; or\n\n(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\napplying to the person’s employment by the Dairy Research and Development Corporation;\n\nwhichever occurs first.\n\n(7) Section 14A of the Act ceases to apply to a person mentioned in paragraph 3A (1) (h) at the end of:\n\n(a) the day on which the person ceases to be eligible to be paid a mobility allowance for a reason other than the amount of income that the person is receiving; or\n\n(b) the day immediately before the person is required to be a member of the Superannuation (1990) Scheme while the person:\n\n(i) is eligible to be paid a mobility allowance; or\n\n(ii) would be eligible to be paid the allowance except for the amount of income that he or she is receiving;\n\nwhichever occurs first.\n\n(8) Section 14A of the Act ceases to apply to the class of persons mentioned in paragraph 3A (1) (j) at the end of the day immediately before the 50% sale day.\n\n(9) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (k) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of the New South Wales Red Cross Blood Transfusion Service in its National Blood Group Reference Laboratory;\n\n(b) the day immediately before the day on which the person becomes a casual or temporary part-time employee of that Service in its National Blood Group Reference Laboratory;\n\n(c) the day immediately before the day on which the person becomes a member of a superannuation scheme applying to the person’s employment by that Service, other than:\n\n(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(d) if that Service terminates its arrangements to make payments under section 159 of the Act in respect of the person — the last day to which the payments so made relate;\n\n(e) if the Commonwealth ceases to provide financial assistance, under arrangements made with The Australian Red Cross Society New South Wales Division, for the administration of the National Blood Group Reference Laboratory — the last day to which the financial assistance relates.\n\n(10) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (l) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of Australian Meat Technology Pty Limited (in this subregulation called AMT);\n\n(b) the day immediately before the day on which the person becomes a casual or temporary part-time employee of AMT;\n\n(c) the day immediately before the day on which the person becomes a member of a superannuation scheme applying to that person’s employment by AMT, other than:\n\n(ii) a superannuation scheme to which contributions are made only in relation to performance pay; or\n\n(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(d) if Commonwealth control of AMT ceases — the last day on which Commonwealth control of AMT continued.\n\n(11) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (m) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of Australian Information Media Pty Limited (in this subregulation called AIM);\n\n(b) the day immediately before the day on which the person becomes a casual or temporary part-time employee of AIM;\n\n(c) the day immediately before the day on which the person becomes a member of a superannuation scheme applying to that person’s employment by AIM, other than:\n\n(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(d) if Commonwealth control of AIM ceases — the last day on which Commonwealth control of AIM continued.\n\n(12) If:\n\n(a) a person is a person to whom section 14A of the Act applies; and\n\n(b) under the SIS Act, any of the person’s benefits provided for in the Act become compulsorily payable to the person;\n\nsection 14A of the Act ceases to apply to the person at the end of the day immediately before the day on which the benefits become so payable.\n\n(13) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (n) at the end of the day specified in whichever of the following paragraphs applies or first applies to the person:\n\n(a) subject to subregulation (14), the day on which the person ceases to be relevantly employed for the purposes of that paragraph; or\n\n(b) the day immediately preceding the day on which the person becomes a member of a superannuation scheme applying to the person’s employment as a person who is so employed, other than:\n\n(ii) a superannuation scheme to which contributions are made only in relation to performance pay; or\n\n(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; or\n\n(c) if the company by which the person is relevantly employed for the purposes of paragraph 3A (1) (n) ceases to be under Commonwealth control — the last day on which the company is under Commonwealth control.\n\n(14) A person is not taken to cease to be relevantly employed for the purposes of paragraph 3A (1) (n) if:\n\n(a) he or she ceases to be employed either by Avalon Airport Geelong Pty Ltd. or by ASTAAS Pty Ltd and immediately afterwards becomes employed (otherwise than as a casual employee or a temporary part-time employee) by the other; and\n\n(b) on the day on which he or she so becomes employed, the company by which he or she is then employed is under Commonwealth control.\n\n(15) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (o) at the end of the day on which ACT Government control of ACTTAB Limited ceases.\n\n(16) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (p) at the end of the first occurring of the following days:\n\n(a) 31 December 1996;\n\n(b) the day on which the person ceases to be an employee of the Nuclear Safety Bureau (in this subregulation called NSB);\n\n(c) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by NSB, other than:\n\n(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.\n\n(17) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (q) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of the Australian Law Reform Commission (in this subregulation called ALRC);\n\n(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by ALRC, other than:\n\n(iii) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top‑up purposes.\n\n(18) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (r) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of Medibank;\n\n(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by Medibank, other than:\n\n(iii) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top‑up purposes;\n\n(c) if Commonwealth control of Medibank ceases — the last day on which Medibank is under Commonwealth control.\n\n(19) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (s) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of Employment National (Administration) Pty Ltd;\n\n(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by Employment National (Administration) Pty Ltd, other than:\n\n(iii) in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top‑up purposes;\n\n(c) if Commonwealth control of Employment National (Administration) Pty Ltd ceases — the last day on which Employment National (Administration) Pty Ltd is under Commonwealth control.\n\n(20) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (t) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of AWB Limited;\n\n(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by AWB Limited, other than:\n\n(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top‑up purposes;\n\n(c) if Commonwealth control of AWB Limited ceases — the last day on which AWB Limited is under Commonwealth control.\n\n(21) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (u) at the end of the earlier of the following days:\n\n(a) the day on which the employee ceases to be an employee of the Northern Territory Legal Aid Commission;\n\n(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by the Northern Territory Legal Aid Commission, other than:\n\n(iii) for a person to whom this subparagraph applies because of subregulation (1A) — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top‑up purposes.\n\n(22) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (v) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of the Australian Government Solicitor;\n\n(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by the Australian Government Solicitor, other than:\n\n(iii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(c) the day on which the Australian Government Solicitor ceases to be a Commonwealth authority within the meaning of the Commonwealth Authorities and Companies Act 1997.\n\n(23) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (w) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of Sydney Airports Corporation Ltd;\n\n(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by Sydney Airports Corporation Ltd, other than:\n\n(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(c) the day on which Sydney Airports Corporation Ltd ceases to be a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997.\n\n(24) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (x) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of Bankstown Airport Ltd;\n\n(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by Bankstown Airport Ltd, other than:\n\n(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(c) the day on which the Commonwealth ceases to have a controlling interest (whether through Sydney Airports Corporation Ltd or otherwise) in Bankstown Airport Ltd.\n\n(25) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (y) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of Essendon Airport Ltd;\n\n(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by Essendon Airport Ltd, other than:\n\n(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(c) the day on which Essendon Airport Ltd ceases to be a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997.\n\n(26) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (z) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of Sydney Harbour Federation Trust;\n\n(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by Sydney Harbour Federation Trust, other than:\n\n(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(c) the day on which Sydney Harbour Federation Trust ceases to be a Commonwealth authority within the meaning of the Commonwealth Authorities and Companies Act 1997.\n\n(27) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (za) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of Snowy Hydro Limited;\n\n(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by Snowy Hydro Limited, other than:\n\n(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(c) the day on which a person or entity other than the following becomes a shareholder of Snowy Hydro Limited:\n\n(i) the Commonwealth;\n\n(ii) New South Wales;\n\n(iii) Victoria;\n\n(d) if payments to the Commonwealth in respect of benefits that are payable under the Act to, or in respect of, the person cease to be made by Snowy Hydro Limited — the last day to which the last of those payments relates;\n\n(e) if payments to the Commonwealth in respect of the costs of the administration of the Act cease to be made by Snowy Hydro Limited — the last day to which the last of those payments relates.\n\n(28) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (zb) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of ATP Ltd;\n\n(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by ATP Ltd, other than:\n\n(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(c) if Commonwealth control of ATP Ltd ceases — the last day on which ATP Ltd ceases to be under Commonwealth control.\n\n(29) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (zc) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of ASPI Ltd;\n\n(b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by ASPI Ltd, other than:\n\n(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes;\n\n(c) the day on which ASPI Ltd ceases to be a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997.\n\n(30) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (zd) at the end of the first occurring of the following days:\n\n(a) the day on which the person ceases to be an employee of the CSS/PSS Board; or\n\n(b) the day immediately before the day on which the person becomes a casual or temporary part-time employee of the CSS/PSS Board; or\n\n(c) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by the CSS/PSS Board, other than:\n\n(ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.\n\n","sortOrder":5},{"sectionNumber":"4A","sectionType":"section","heading":"When s 14A no longer applies — transfer to Public Sector Superannuation Scheme","content":"4A When s 14A no longer applies — transfer to Public Sector Superannuation Scheme\n\n(1) Section 14A of the Act ceases to apply to a person mentioned in paragraph 3A (1) (e), paragraph 3A (1) (l) or regulation 3B who, in writing addressed to the Board, within the period specified in subregulation (2):\n\n(a) declares that he or she wishes to become a member of the Public Sector Superannuation Scheme; and\n\n(b) elects to cease to be an eligible employee;\n\nand, at the time of making that declaration and election, is not precluded by or under the Superannuation Act 1990 (other than by paragraph 6 (2) (a) of that Act) from being a member of the Public Sector Superannuation Scheme.\n\n(2) Subject to subregulations (3) and (4), the period specified for the purposes of subregulation (1) is the period from 1 March 1996 to 31 August 1996 (inclusive).\n\n(3) If:\n\n(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:\n\n(i) the person is absent from duty on leave without pay;\n\n(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; and\n\n(b) the person does not make a declaration and election referred to in paragraph (1) (zo) before 1 September 1996;\n\nthe 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:\n\n(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\n\n(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.\n\n(4) The period specified for the purposes of subregulation (1) is:\n\n(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\n\n(b) in the case of a person who becomes an eligible employee after 31 May 1996 and is not a person to whom subparagraph (3) (a) (ii) or paragraph (a) applies — the period of 3 months commencing on the day when the person became an eligible employee.\n\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act","content":"5 Application of Act\n\n(1) The Act applies, subject to the modifications specified in Schedule 1, to and in relation to a person to whom section 14A of the Act applies by virtue of his or her being a person referred to in paragraph (1) (a), (c), (d) or (e) of that section.\n\n(2) The Act applies, subject to the modifications set out in Schedule 2, to a person referred to in paragraph 3A (1) (h).\n\n(3) The Act applies, subject to the modifications set out in Schedule 3, to a class of persons each of whom:\n\n(a) holds an appointment, or is employed, for a fixed term; and\n\n(b) is an eligible employee because he or she is:\n\n(i) a person to whom Division 3 of Part IV of the Public Service Act applies; or\n\n(ii) a person referred to in paragraph 14A (1) (b) or (e) of the Act.\n\n","sortOrder":7},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Modification of Act","content":"Schedule 1 Modification of Act\n\n(subregulation 5 (1))\n\n1. Insert the following Part after Part VIII:\n\nPart VIIIA Special provisions applicable to certain persons to whom section 14A applies\n\n","sortOrder":8},{"sectionNumber":"124A","sectionType":"section","heading":"Interpretation","content":"124A Interpretation\n\nIn this Part, unless the contrary intention appears:\n\n> reinstated means re-appointed or re-employed, or to be deemed to be, or deemed to have been, re-appointed or re-employed, as the case requires.\n\n> relevant period means:\n\n(a) in relation to a person to whom this Part applies, being a person referred to in paragraph 124B (a), (b), (c), (e) or (g) — any period referred to in subparagraph 124B (a) (iii), (b) (iii), (c) (iii), (e) (iii) or (g) (iii), as the case may be, during which the person was not an eligible employee; or\n\n(b) in relation to a person to whom this Part applies, being a person referred to in paragraph 124B (d) or (f) — any period comprising the whole, or any portion, of the period:\n\n(i) commencing on the day on which the person is reinstated; and\n\n(ii) ending at the end of the day immediately preceding the day on which the person first reports, or reported, for duty after reinstatement;\n\nduring which the person was not an eligible employee.\n\n","sortOrder":9},{"sectionNumber":"124B","sectionType":"section","heading":"Application of Part","content":"124B Application of Part\n\nThis Part applies to a person to whom section 14A applies, being:\n\n(a) a person who:\n\n(i) is performing duty in the Australian Public Service pursuant to a re-appointment to that Service under subsection 63F (9), 63G (7) or 66B (2) of the Public Service Act;\n\n(ii) was an eligible employee immediately before the dismissal, or deemed retirement, from the Australian Public Service to which the re-appointment relates; and\n\n(iii) was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the dismissal or deemed retirement and ended at the time at which the re‑appointment took effect;\n\n(b) a person who:\n\n(i) is, by virtue of subsection 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies;\n\n(ii) was an eligible employee immediately before the dismissal from the Australian Public Service to which the declaration in respect of the person referred to in subsection 87K (11) of that Act relates; and\n\n(iii) was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the dismissal and ended on the making of the declaration;\n\n(c) a person who:\n\n(i) is, by virtue of a determination under subsection 87P (7) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies;\n\n(ii) was an eligible employee immediately before the termination of employment referred to in subparagraph 87P (1) (a) (i) or (b) (i) of that Act, as the case may be, to which the determination relates; and\n\n(iii) was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the termination of the employment and ended upon the making of the determination;\n\n(d) a person who is performing duty in the Australian Public Service by virtue of having been deemed to have been re‑appointed to that Service in accordance with section 87M or 87Q of the Public Service Act;\n\n(e) a person who:\n\n(i) is a permanent employee, or a temporary employee, by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been re-appointed to the Australian Public Service under section 63F, 63G or 66B of the Public Service Act;\n\n(ii) was an eligible employee immediately before the termination or cessation of employment to which the reinstatement relates; and\n\n(iii) was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the termination or cessation of employment and ended at the time at which the reinstatement took effect;\n\n(f) a person who:\n\n(i) is a permanent employee, or a temporary employee, by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been deemed to have been re-appointed to the Australian Public Service in accordance with section 87M or 87Q of the Public Service Act; and\n\n(ii) is reinstated on the day immediately following the day (in this subregulation called his or her last day in prescribed employment) on which there took effect the termination or cessation of employment to which the reinstatement relates; or\n\n(g) a person (other than a person to whom paragraph (f) applies) who:\n\n(i) is a permanent employee, or a temporary employee, by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been deemed to have been re-appointed to the Australian Public Service in accordance with section 87M or 87Q of the Public Service Act;\n\n(ii) was an eligible employee on his or her last day in prescribed employment; and\n\n(iii) was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced on the day immediately following his or her last day in prescribed employment and ended at the time at which his or her reinstatement took effect.\n\n","sortOrder":10},{"sectionNumber":"124C","sectionType":"section","heading":"Periods deemed to be periods of leave of absence without pay","content":"124C Periods deemed to be periods of leave of absence without pay\n\nEach period that is, in relation to a person to whom this Part applies, a relevant period shall be deemed, for the purposes of this Act, to be a period during the whole of which the person was absent, on leave of absence without pay, from the employment in which he or she was engaged immediately before the commencement of the relevant period and, where that period does not exceed 12 weeks, the period shall, for the purposes of section 51, be deemed to be a period exceeding 12 weeks.\n\n","sortOrder":11},{"sectionNumber":"124D","sectionType":"section","heading":"Benefits not payable in certain circumstances","content":"124D Benefits not payable in certain circumstances\n\nIf a benefit becomes, or became, payable under this Act to, or in respect of, a person to whom this Part applies on the commencement of any period that is, in relation to that person, a relevant period:\n\n(a) the benefit is taken not to be, or to have been, payable; and\n\n(b) if the benefit or any part of the benefit is paid, the person must repay the amount of that benefit or that part of the benefit to the Commissioner.\n\n2. Section 159:\n\n2.1 After subsection 159 (1), insert:\n\n(1A) This section also applies to the following bodies:\n\n(a) AIDC Ltd;\n\n(b) the Dairy Research and Development Corporation;\n\n(c) a Commonwealth authority, within the meaning of Part IV of the Public Service Act, that is not an approved authority;\n\n(d) the Northern Land Council;\n\n(e) ASP Ship Management;\n\n(g) a company that is:\n\n(i) Qantas; or\n\n(ii) a Qantas subsidiary;\n\nwithin the respective meanings of the Qantas Sale Act 1992;\n\n(h) the New South Wales Red Cross Blood Transfusion Service;\n\n(i) Australian Meat Technology Pty Limited;\n\n(j) Australian Information Media Pty Limited;\n\n(k) Avalon Airport Geelong Pty Ltd.;\n\n(l) ASTAAS Pty Ltd;\n\n(m) Nuclear Safety Bureau;\n\n(n) Australian Law Reform Commission;\n\n(o) Medibank;\n\n(p) Employment National (Administration) Pty Ltd;\n\n(q) AWB Limited;\n\n(r) Northern Territory Legal Aid Commission;\n\n(s) Australian Government Solicitor;\n\n(t) Sydney Airports Corporation Ltd;\n\n(u) Bankstown Airport Ltd;\n\n(v) Essendon Airport Ltd;\n\n(w) Sydney Harbour Federation Trust;\n\n(x) Snowy Hydro Limited;\n\n(y) ATP Ltd;\n\n(z) ASPI Ltd;\n\n(za) the CSS/PSS Board.\n\n  (1B) This section does not apply to:\n    (a) Telstra; or\n    (b) the Australian Postal Corporation.\n\n2.2 Subparagraph 159 (2) (a) (ii):\n\nAfter (1) (b), insert or in subsection (1A)\n\n3. Section 160:\n\n3.1 Subsection 160 (4)\n\nOmit the subsection, substitute:\n\n  (4) If a person who:\n    (a) proposes to become employed by, becomes employed by, or is employed by:\n\n(i) an approved authority; or\n\n(ii) a declared authority; or\n\n(iii) a body mentioned in subsection 159 (1A); or\n\n(iv) Telstra; or\n\n(v) the Australian Postal Corporation; or\n\n    (b) is the proposed appointee to, or the holder of, a statutory office whose remuneration is paid by an authority or a body mentioned in paragraph (a);\n  is required to undergo a medical examination under section 16 or 16AB, the authority or body mentioned in paragraph (a) must pay the cost of the examination.\n\n3.2 After paragraph 160 (6) (a), insert:\n\n    (aa) a body mentioned in subsection 159 (1A) whose staff includes or included eligible employees; or\n    (ab) Telstra; or\n    (ac) the Australian Postal Corporation; or\n\n","sortOrder":12},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Modifications of the Act in relation to persons eligible to be paid a mobility allowance","content":"Schedule 2 Modifications of the Act in relation to persons eligible to be paid a mobility allowance\n\n(subregulation 5 (2))\n\n1. Section 3 (Interpretation)\n\n1.1 Subsection 3 (1):\n\n> After the definition of minimum retiring age, insert:\n\n> mobility allowance means an allowance of that name payable in accordance with a determination made under section 82D of the Public Service Act 1922.\n\n2. Section 5 (Annual rate of salary)\n\n2.1 Subsection 5 (2):\n\nOmit the subsection, substitute:\n\n(2) The annual rate of salary on a particular day of a person who is referred to in paragraph 3A (1) (h) of the Superannuation (Continuing Contributions for Benefits) Regulations is:\n\n(a) an amount equal to the amount of salary per year payable on that day in respect of the office that the person held immediately before becoming eligible for a mobility allowance; or\n\n(b) if the person makes an election under subsection 47A (1) — the maximum amount per year of mobility allowance payable to a person.\n\n3. Section 47 (Decreases in salary)\n\n3.1 Add at the end:\n\n(5) This section does not apply to an eligible employee who makes an election under subsection 47A (1).\n\n4. New section 47A\n\n4.1 After section 47, insert:\n\n","sortOrder":13},{"sectionNumber":"47A","sectionType":"section","heading":"Election relating to mobility allowance","content":"47A Election relating to mobility allowance\n\n(1) An eligible employee who:\n\n(b) would be eligible to be paid a mobility allowance except for the amount of income that he or she is receiving;\n\n(in this regulation called the applicant may) make an election in writing to the Commissioner to have the applicant’s annual rate of salary taken to be the maximum amount per year of mobility allowance payable to a person.\n\n(2) The applicant must make the election not later than 3 months after the day on which the applicant:\n\n(a) becomes eligible to be paid a mobility allowance; or\n\n(b) would have become eligible to be paid a mobility allowance except for the amount of income that he or she is receiving.\n\n(3) If:\n\n(a) the applicant makes an election under subsection (1); and\n\n(b) as a consequence of the election, the applicant’s annual rate of salary is less than the annual rate of salary:\n\n(i) payable to the applicant on the last anniversary of the applicant’s birth before the date of the election; or\n\n(ii) taken, under subsection 47 (1) or (3), to have been payable to the applicant on the last anniversary;\n\nthe applicant’s annual rate of salary on the last anniversary of the applicant’s birth before the day on which the applicant:\n\n(c) became eligible to be paid a mobility allowance; or\n\n(d) would have become eligible to be paid a mobility allowance except for the amount of income that he or she is receiving;\n\nis taken to be the applicant’s annual rate of salary immediately after the election for the purpose of calculating the amount of the basic contribution payable by the applicant on each contribution day after the date of the election and before the first anniversary of the applicant’s birth after that date.\n\n5. Section 51 (Leave of absence without pay)\n\n5.1 After subsection 51 (1), insert:\n\n(1AA) In spite of subsection (1), this section does not apply to an eligible employee who:\n\n(b) would be eligible to be paid a mobility allowance except for the amount of income that the person is receiving.\n\n6. Section 110A (Interpretation)\n\n6.1 Definition of designated employer:\n\nAfter paragraph (c), insert:\n\n(ca) if the employee\n\n(i) is eligible to be paid a mobility allowance; or\n\n(ii) would be eligible to be paid a mobility allowance except for the amount of income that the person is receiving;\n\nthe Department, approved authority or person who is, or would be, responsible for the payment of the allowance; or\n\n6.2 Definition of productivity employee:\n\nOmit the definition, substitute:\n\n> productivity employee means an eligible employee who:\n\n(b) would be eligible to be paid a mobility allowance except for the amount of income that he or she is receiving.\n\n  \n\n","sortOrder":14},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Modifications of the Act in its application to certain fixed-term office holders and employees","content":"Schedule 3 Modifications of the Act in its application to certain fixed-term office holders and employees\n\n(subregulation 5 (3))\n\n1. Section 57B (Definition)\n\n1.1 Subsection 57B (1) (definition of fixed-term employee):\n\nAdd at the end:\n\n; or\n\n(f) a person who:\n\n(i) holds an appointment, or is employed, for a fixed term; and\n\n(ii) is an eligible employee because he or she is:\n\n(A) a person to whom Division 3 of Part IV of the Public Service Act 1922 applies; or\n\n(B) a person referred to in paragraph 14A (1) (b) or (e) of the Act.\n\n2. Section 58A (Special provision regarding certain holders of statutory offices)\n\n2.1 Subparagraph 58A (1) (c) (ii):\n\nOmit paragraph 57B (1) (d) or (e), substitute paragraph 57B (1) (d), (e) or (f)\n\n3. Section 58B (Special provision regarding certain fixed-term employees)\n\n3.1 Subparagraph 58B (1) (c) (iv):\n\nOmit paragraph 57B (1) (d) or (e)”, substitute “paragraph 57B (1) (d), (e) or (f)\n\n> Notes to the Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981\n\n> Note 1\n\n> Note: The Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981 (in force under the Superannuation Act 1976) as shown in this compilation comprise Statutory Rules 1981 No. 36 amended as indicated in the Tables below.\n\n> Note: Under the implementation of the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all legislative instruments to be registered to the Federal Register of Legislative Instruments. Any legislative instrument made on or after 1 January 2005 is not enforceable unless it is registered. From 1 January 2005 the Statutory Rules series ceased to exist and is replaced with Select Legislative Instruments (SLI). Numbering conventions remain the same, ie Year and Number.\n\n> Note: > Note: Table of Instruments\n\n| Year andnumber | Date of notificationin Gazette or FRLI registration | Date ofcommencement                                                                                                                                                                       | Application, saving ortransitional provisions |\n| -------------- | --------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------- |\n| 1981 No. 36    | 13 Mar 1981                                         | 15 Mar 1981 (see Gazette 1981, No. S44)                                                                                                                                                   |                                               |\n| 1987 No. 290   | 17 Dec 1987                                         | 15 Mar 1981                                                                                                                                                                               | —                                             |\n| 1989 No. 168   | 30 June 1989                                        | 30 June 1989                                                                                                                                                                              | —                                             |\n| 1990 No. 179   | 29 June 1990                                        | 1 July 1990                                                                                                                                                                               | —                                             |\n| 1990 No. 379   | 6 Dec 1990                                          | 6 Dec 1990                                                                                                                                                                                | —                                             |\n| 1991 No. 97    | 23 May 1991                                         | 23 May 1991                                                                                                                                                                               | —                                             |\n| 1991 No. 168   | 28 June 1991                                        | 1 July 1990                                                                                                                                                                               | —                                             |\n| 1991 No. 446   | 19 Dec 1991                                         | 1 July 1992                                                                                                                                                                               | —                                             |\n| as amended by  |                                                     |                                                                                                                                                                                           |                                               |\n| 1992 No. 213   | 30 June 1992                                        | 1 July 1992                                                                                                                                                                               | —                                             |\n| 1991 No. 465   | 19 Dec 1991                                         | R. 3.6: 7 Mar 1988R. 4: 1 July 1990Remainder: 19 Dec 1991                                                                                                                                 | —                                             |\n| 1992 No. 27    | 7 Feb 1992                                          | 7 Feb 1992                                                                                                                                                                                | —                                             |\n| 1992 No. 213   | 30 June 1992                                        | 1 July 1992                                                                                                                                                                               | —                                             |\n| 1992 No. 323   | 16 Oct 1992                                         | Rr. 3.2, 3.3 and 4.1: 2 Jan 1991Remainder: 16 Oct 1992                                                                                                                                    | —                                             |\n| 1992 No. 428   | 24 Dec 1992                                         | 24 Dec 1992                                                                                                                                                                               | —                                             |\n| 1992 No. 460   | 24 Dec 1992                                         | 24 Dec 1992                                                                                                                                                                               | —                                             |\n| as amended by  |                                                     |                                                                                                                                                                                           |                                               |\n| 1994 No. 271   | 26 July 1994                                        | R. 8: 24 Dec 1992Remainder: 26 July 1994                                                                                                                                                  | —                                             |\n| 1993 No. 3     | 29 Jan 1993                                         | 29 Jan 1993                                                                                                                                                                               | —                                             |\n| 1993 No. 50    | 21 Apr 1993                                         | 21 Apr 1993                                                                                                                                                                               | —                                             |\n| 1993 No. 348   | 17 Dec 1993                                         | 18 Dec 1992                                                                                                                                                                               | —                                             |\n| 1994 No. 8     | 4 Feb 1994                                          | 1 Sept 1993                                                                                                                                                                               | —                                             |\n| 1994 No. 115   | 3 May 1994                                          | 3 Dec 1993                                                                                                                                                                                | —                                             |\n| 1994 No. 116   | 3 May 1994                                          | 3 May 1994                                                                                                                                                                                | —                                             |\n| 1994 No. 248   | 7 July 1994                                         | 7 July 1994                                                                                                                                                                               | —                                             |\n| 1994 No. 271   | 26 July 1994                                        | R. 8: 24 Dec 1994Remainder: 26 July 1994                                                                                                                                                  | —                                             |\n| 1994 No. 335   | 11 Oct 1994                                         | 26 July 1994                                                                                                                                                                              | —                                             |\n| 1995 No. 97    | 18 May 1995                                         | 18 May 1995                                                                                                                                                                               | —                                             |\n| 1995 No. 201   | 30 June 1995                                        | 1 July 1995                                                                                                                                                                               | —                                             |\n| 1995 No. 349   | 23 Nov 1995                                         | 21 June 1995                                                                                                                                                                              | —                                             |\n| 1995 No. 438   | 22 Dec 1995                                         | 1 Mar 1996                                                                                                                                                                                | —                                             |\n| 1996 No. 6     | 31 Jan 1996                                         | 31 Jan 1996                                                                                                                                                                               | —                                             |\n| 1996 No. 97    | 20 June 1996                                        | 23 June 1995                                                                                                                                                                              | —                                             |\n| 1996 No. 297   | 18 Dec 1996                                         | 1 July 1996                                                                                                                                                                               | —                                             |\n| 1997 No. 47    | 12 Mar 1997                                         | 12 Mar 1997                                                                                                                                                                               | —                                             |\n| 1997 No. 215   | 27 Aug 1997                                         | 30 June 1992                                                                                                                                                                              | —                                             |\n| 1998 No. 91    | 21 May 1998                                         | Rr. 1, 2, 4.1, 4.4, 5.1, 5.4 and 6.1: 11 Nov 1996Rr. 3, 4.2, 4.5, 5.2, 5.5 and 6.2: 1 Dec 1997Remainder: 1 May 1998                                                                       | —                                             |\n| 1998 No. 242   | 31 July 1998                                        | Rr. 4, 6.1 and 6.2: 1 Aug 1998Remainder: 1 June 1998                                                                                                                                      | —                                             |\n| 1999 No. 63    | 22 Apr 1999                                         | 1 Jan 1999                                                                                                                                                                                | —                                             |\n| 1999 No. 172   | 1 Sept 1999                                         | 1 Sept 1999                                                                                                                                                                               | —                                             |\n| 2001 No. 230   | 30 Aug 2001                                         | R. 6: 19 June 1998R. 7: 1 July 1998Schedule 1: 30 Aug 2001Schedule 2: 20 Sept 2001 (see r. 2 (e))Schedule 3: 28 June 2002 (see r. 2 (f) and Gazette 2002, No. S216)Remainder: 28 May 1998 | —                                             |\n| 2002 No. 94    | 9 May 2002                                          | Rr. 1–3 and Schedule 1: 1 July 2001Remainder: 7 Nov 2001                                                                                                                                  | —                                             |\n| 2002 No. 341   | 20 Dec 2002                                         | 20 Dec 2002                                                                                                                                                                               | —                                             |\n| 2005 No. 7     | 14 Feb 2005 (see F2005L00146)                       | 15 Feb 2005                                                                                                                                                                               | —                                             |\n\n> Note: > Note: Table of Amendments\n\n```html\n<table cellspacing=\"0\" cellpadding=\"0\" style=\"border-collapse:collapse\"><thead><tr><td colspan=\"2\" style=\"width:341.9pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt; margin-bottom:3pt\"><span style=\"font-size:8pt\">ad. = added or inserted</span><span style=\"font-size:8pt\"> </span><span style=\"font-size:8pt\">am. = amended</span><span style=\"font-size:8pt\"> </span><span style=\"font-size:8pt\">rep. = repealed</span><span style=\"font-size:8pt\"> </span><span style=\"font-size:8pt\">rs. = repealed and substituted</span></p></td><td style=\"border-bottom:0.75pt solid #000000; vertical-align:top\"></td></tr><tr><td style=\"width:111.2pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableColHead\" style=\"margin-left:8.5pt; text-indent:-8.5pt\"><span>Provision affected</span></p></td><td colspan=\"2\" style=\"width:233.1pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableColHead\" style=\"margin-left:8.5pt; text-indent:-8.5pt\"><span>How affected</span></p></td></tr></thead><tbody><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>R. 1</span><span style=\"width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">.................</span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>rs. 1995 No. 201; 1999 No. 63</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>R. 2</span><span style=\"width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">.................</span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>am. 1990 No. 179; 1992 Nos. 27, 428 and 460 (as am. by 1994 No. 271); 1993 No. 50; 1994 Nos. 115 and 271; 1995 Nos. 97 and 201; 1996 No. 297; 1998 Nos. 91 and 242; 1999 Nos. 63 and 172; 2001 No. 230; 2002 Nos. 94 and 341</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>R. 3</span><span style=\"width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">.................</span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>am. 1987 No. 290; 1990 No. 179; 1991 No. 168; 1992 </span><span style=\"width:34.84pt; text-indent:0pt; display:inline-block\"></span><span>No. 460; 1994 No. 271; 1996 No. 6; 1998 No. 242; 1999 No. 172</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>R. 3A</span><span style=\"width:90.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">................</span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>ad. 1989 No. 168</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend0pt\" style=\"margin-right:0pt\"><span></span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend0pt\" style=\"margin-right:0pt\"><span>rs. 1990 No. 179</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend0pt\" style=\"margin-right:0pt\"><span></span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend0pt\" style=\"margin-right:0pt\"><span>am. 1991 Nos. 97 and 465; 1992 Nos. 27, 323, 428 and 460;1993 Nos. 3 and 50; 1994 Nos. 8, 115, 271 and 335; 1995 Nos. 97 and 349; 1996 No. 297; 1997 No.</span><span> </span><span>215; 1998 Nos. 91 and 242; 1999 Nos. 63 and 172; 2001 No. 230; 2002 Nos. 94 and 341</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>R. 3B</span><span style=\"width:90.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">................</span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>ad. 1991 No. 446</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend0pt\" style=\"margin-right:0pt\"><span></span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend0pt\" style=\"margin-right:0pt\"><span>am. 1992 No. 213; 1994 Nos. 248 and 271</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>R. 4</span><span style=\"width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">.................</span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>am. 1990 No. 179; 1992 Nos. 27, 323, 428 and 460; 1993 Nos. 3 and 50; 1994 Nos. 8, 115 and 271; 1995 </span><span></span><span>Nos. 97, 201 and 349; 1996 No. 297; 1997 Nos. 47 </span><span></span><span>and 215; 1998 Nos. 91 and 242; 1999 Nos. 63 and 172; 2001 No. 230; 2002 Nos. 94 and 341</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>R. 4A</span><span style=\"width:90.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">................</span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>ad. 1995 No. 438</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>R. 5</span><span style=\"width:96.89pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">.................</span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>rs. 1987 No. 290</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend0pt\" style=\"margin-right:0pt\"><span></span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend0pt\" style=\"margin-right:0pt\"><span>am. 1989 No. 168; 1992 No. 428; 1994 Nos. 115 and 116</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>Heading to Schedule</span><span style=\"width:29.84pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">.....</span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>rep. 1992 No. 428</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>Heading to Schedule 1</span><span style=\"width:22.33pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">....</span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>ad. 1992 No. 428</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>Schedule</span><span style=\"width:75.87pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">.............</span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>am. 1987 No. 290; 1989 No. 168; 1990 No. 379; 1991 </span><span style=\"width:34.84pt; text-indent:0pt; display:inline-block\"></span><span>Nos. 97,168 and 465; 1992 No. 27</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>Schedule 1</span><span style=\"width:68.36pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">............</span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>am. 1992 No. 428; 1993 Nos. 3, 50 and 348; 1994 Nos. </span><span style=\"width:28.34pt; text-indent:0pt; display:inline-block\"></span><span>8 and 115; 1995 Nos. 97 and 349; 1997 No. 215; 1998 Nos. 91 and 242; 1999 Nos. 63 and 172; 2001 No. 230; 2002 Nos. 94 and 341; 2005 No. 7</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>Schedule 2</span><span style=\"width:68.36pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">............</span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>ad. 1992 No. 428</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend0pt\" style=\"margin-right:0pt\"><span></span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend0pt\" style=\"margin-right:0pt\"><span>am. 1994 No. 115</span></p></td></tr><tr><td style=\"width:111.2pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>Schedule 3</span><span style=\"width:68.36pt; text-indent:0pt; font-family:'Lucida Console', monospace; display:inline-block\">............</span></p></td><td colspan=\"2\" style=\"width:233.1pt; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend\" style=\"margin-right:0pt\"><span>ad. 1994 No. 116</span></p></td></tr><tr><td style=\"width:111.2pt; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend0pt\" style=\"margin-right:0pt; margin-bottom:3pt; page-break-after:avoid\"><span></span></p></td><td colspan=\"2\" style=\"width:233.1pt; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top\"><p class=\"TableOfAmend0pt\" style=\"margin-right:0pt; margin-bottom:3pt; page-break-after:avoid\"><span>am. 1996 No. 97</span></p></td></tr><tr style=\"height:0pt\"><td style=\"width:121.9pt\"></td><td style=\"width:230.8pt\"></td><td style=\"width:13.05pt\"></td></tr></tbody></table>\n```","sortOrder":15}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"These regulations alter the application and scope of section 14A of the Superannuation Act 1976 by creating numerous specific inclusions and exclusions of classes of persons (reg 3 and reg 3A), by setting event- and date-based rules for when s 14A ceases to apply (reg 4), and by adding tailored modifications to the Act (Schedules 1–3). Concretely, they: (a) extend payment and administrative obligations to a long list of named bodies (Schedule 1, item 2.1 and item 3.1); (b) create a new Part VIIIA that treats certain gap periods as leave without pay and requires repayment of wrongly paid benefits (Schedule 1, regs 124C–124D); (c) add elective transfer and mobility-allowance elections (reg 4A; Schedule 2, new s 47A); and (d) adjust definitions to include certain fixed-term appointments (Schedule 3). Those changes narrow or expand coverage in many specific situations relative to the base Act by adding entity-specific rules, timing rules and procedural obligations."},"complexity_factors":["Large number of entity- and date-specific classes (reg 3A lists many named bodies and time windows)","Extensive cross-referencing to other statutes (Public Service Act, SIS Act, Superannuation Act) and to event definitions (e.g. corporatisation date, 50% sale day)","Multiple, distinct cease-trigger rules with differing tests and timing (reg 4(3)–(30))","Introduction of new Part VIIIA with deeming rules and repayment/clawback obligations (Schedule 1, regs 124C–124D)","New elective mechanisms and tight election windows for individuals (reg 4A; Schedule 2 new s 47A)","Employer-side financial obligations added by amending s 159 and s 160 to a long list of bodies (Schedule 1 items 2.1 and 3.1)","Complex definition and treatment of 'top-up arrangements' that affect membership tests (reg 2(2)–(4))","Ministerial and administrative discretion points (reg 3B(2) Minister certificate; Commissioner/Board roles in receiving elections)","Numerous historical amendments and transitional provisions reflected in notes and tables (compilation shows many amendments and commencement dates)"],"plain_english_summary":"What these regulations do, mechanically\n\n- They identify who keeps receiving continuing CSS (Commonwealth Superannuation Scheme) contributions when people move between the Australian Public Service and other employers or bodies, and they set the conditions and timing for when that continuing-contributions treatment starts and stops (see regs 3, 3A, 3B and 4).  \n\n- They define key terms and special categories used to apply section 14A of the Superannuation Act 1976 (for example, “top-up arrangement”, “mobility allowance”, and lists of named employers) so the Commissioner and employers can decide entitlement and contribution obligations (reg 2(1) and reg 2(2)–(4)).  \n\n- They prescribe the day on which the continuing-contributions rule (s 14A of the Act) stops applying for particular classes of workers — typically when the person leaves the named employment, becomes a member of a different superannuation scheme, the relevant employer’s control changes, or other specified events occur (reg 4 and paras in reg 4(3)–(30)).  \n\n- They give detailed, entity-specific lists of classes of workers to whom s 14A does apply (reg 3A) and lists of classes to which it does not apply (reg 3). These lists name specific organisations, employment dates and prior employment conditions (for example, many paragraphs in reg 3A name particular companies or dates).  \n\n- They add tailored modifications to the main Superannuation Act for those covered by s 14A:  \n  - Schedule 1 inserts a new Part VIIIA that treats certain gap periods as leave without pay (so contribution/benefit rules apply as for leave) and requires repayment where benefits were wrongly paid (Schedule 1, Part VIIIA: regs 124C–124D). It also extends sections 159 and 160 to a specified list of bodies so those bodies must make payments under s 159 and pay medical-exam costs under s 160 where required (Schedule 1, items 2 and 3).  \n  - Schedule 2 adjusts salary and contribution treatment for people eligible for a mobility allowance, and creates an election allowing an eligible employee to have their annual rate of salary treated as the maximum mobility allowance for contribution calculations (Schedule 2, new s 47A and related amendments).  \n  - Schedule 3 adjusts definitions and special provisions so certain fixed-term office-holders or fixed-term employees are captured as \"fixed-term employees\" for parts of the Act (Schedule 3).  \n\nWho pays and who decides (mechanics, with citations)\n\n- Employers (or bodies named in Schedule 1 as added to s 159(1A)) are required to make payments to the Commonwealth in respect of benefits and to pay medical-examination costs where a person is required to undergo an examination (Schedule 1, item 2.1; Schedule 1, item 3.1 / reg 160(4)).  \n\n- Individuals must make written elections in certain circumstances: to cease s 14A treatment and join the PSS (reg 4A(1)–(2)), to have mobility-allowance salary treatment (Schedule 2, new s 47A(1)–(2)), or to be treated as eligible employees in some transfers (various reg 3A paragraphs require written requests). The Commissioner (or an authorised officer) receives notices or elections (reg 4(1)(c)(i)).  \n\n- The Minister has a limited discretion to withhold s 14A application for repatriation staff if the Minister signs a certificate that the State’s arrangements are not satisfactory (reg 3B(2)). The CSS/PSS Board is the recipient of transfer/declaration documents under reg 4A.  \n\nBehavioural effects implied by the mechanics\n\n- Employers listed in the regulations (and those that gain or lose Commonwealth/State control) face altered payroll and superannuation accounting obligations because some staff remain treated under the CSS rather than being moved into another employer scheme (see reg 3A lists and reg 4 cease triggers).  \n\n- Individuals have choices that affect their contribution basis: they can elect to have mobility-allowance treatment for contribution purposes (Schedule 2, s 47A) or elect to move to the Public Sector Superannuation Scheme in a specified window (reg 4A). Those elections create deadlines and paperwork obligations.  \n\nCosts, incentives, trade-offs and implementation issues (source-grounded)\n\n- Concentrated benefits: The regulations name many specific organisations and narrow classes (reg 3A). Those named classes receive the benefit of continuing CSS contribution treatment. That concentrates fiscal and administrative effects onto those groups (see the long list in reg 3A(1)).  \n\n- Diffuse administrative costs: Administration requires the Commissioner, employers and people to track many entity-specific triggers, dates and elections (see reg 4 — multiple timing rules; Schedule 2 s 47A — election windows; Schedule 1 Part VIIIA — deemed leave and repayment rules). This increases record-keeping, compliance checks and potential disputes about timing.  \n\n- Employer payment obligations: Bodies added to s 159(1A) (Schedule 1, item 2.1) are required to make payments to the Commonwealth in respect of superannuation benefits and, under amended s 160(4), to pay specified medical examination costs (Schedule 1, item 3.1). That imposes direct cash obligations on those listed entities.  \n\n- Private remuneration design: The definitions and the explicit treatment of “top-up arrangements” (reg 2(3)–(4)) make non-monetary or arranged employer contributions part of the test for membership and contribution treatment. That can influence how employers structure remuneration and how employees accept non-monetary pay (reg 2(3)–(4); reg 2(2)).  \n\n- Repayment and clawback risk: Part VIIIA provides that if a benefit became payable during a relevant period (a defined gap) it is treated as not payable and any amounts paid must be repaid to the Commissioner (Schedule 1, regs 124C–124D). That creates legal and administrative risk for individuals who received payments during such periods.  \n\n- Ministerial discretion and conditional exclusions: For repatriation staff, the Minister can certify that State arrangements are not satisfactory, preventing the Commonwealth continuing-contributions treatment (reg 3B(2)). That is a concrete, limited discretionary power that affects coverage.  \n\nCompliance burden on individuals and employers\n\n- Individuals must: (a) monitor eligibility triggers and timing windows; (b) submit written elections where the regulation requires (for example reg 4A, Schedule 2 s 47A and several reg 3A paragraphs require written requests); (c) potentially repay benefits if they were wrongly paid under Part VIIIA (Schedule 1, reg 124D).  \n\n- Employers and named bodies must: (a) determine whether their employees fall into the named classes; (b) apply modified salary and contribution rules (Schedule 2 and Schedule 3); (c) make payments to the Commonwealth under s 159 as extended (Schedule 1, item 2.1); and (d) pay medical-examination costs when required by s 16/16AB (Schedule 1, item 3.1 / reg 160(4)).  \n\nImplementation risk and administrative complexity\n\n- The regulations rely on many cross-references to the Public Service Act, the SIS Act and the Superannuation Act itself, and on specific dates or corporatisation/sale events (e.g. the SMHEA corporatisation date, the 50% sale day) to determine coverage (see regs 2(1) definitions, reg 3A and reg 4). That creates multiple points where a date, transfer, or change of employer control alters entitlements — increasing chance of errors or disputes about which rule applies.  \n\nSummary of primary mechanisms to watch (with references)\n\n- Who is covered or excluded: reg 3 (classes to which s 14A does not apply) and reg 3A (classes to which s 14A applies).  \n- When coverage ends: reg 4 (detailed event-by-event cease rules in reg 4(3)–(30)).  \n- Special treatment for gap periods and repayment: Schedule 1, Part VIIIA (regs 124C–124D).  \n- Elective transfers to PSS and mobility-allowance election: reg 4A (transfer/election window) and Schedule 2, new s 47A (mobility-allowance election).  \n- Employer payment and medical-exam cost obligations: Schedule 1, items 2.1 and 3.1 (amendments to s 159 and s 160).\n\nOfficial stated purpose and how it reads against costs and incentives\n\n- The regulations operate to continue CSS contribution treatment for specific persons and to modify the core Act for those groups. That stated effect (preserving continuing contributions for designated individuals) is implemented through entity- and event-specific inclusions/exclusions, election processes, and amendments that place payment and administrative obligations on named bodies (see reg 3A, reg 4, Schedule 1–3). Against that effect, the regulations create concentrated eligibility (named classes), administrative burdens (many cross-references, elections and timing rules), and explicit employer payment obligations (Schedule 1 additions to s 159 and s 160). The regulations also create incentives for structuring remuneration via \"top-up arrangements\" by defining how such arrangements affect membership status (reg 2(3)–(4))."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1966},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1981 scope. Initially likely intended for basic continuity arrangements during Public Service reinstatements, it has expanded into a complex transitional instrument tracking four decades of public sector restructuring. Each amendment added new entity-specific classes reflecting successive government privatisations (Qantas, airports, Telstra, Medibank, Snowy Hydro) and corporatisations, transforming the regulations from a simple administrative instrument into a comprehensive archive of Commonwealth employment transitions."},"complexity_factors":["24 years of accumulated amendments (1981-2005) layering entity-specific provisions for each privatisation/corporatisation event","30+ distinct defined terms in the interpretation section (regulation 2), including recursive definitions like 'Commonwealth control' and 'ACT Government control'","Extensive cross-referencing to the Superannuation Act 1976, Public Service Act 1922, and SIS Act, requiring knowledge of repealed provisions (e.g., 'section 82D of the Public Service Act 1922')","30+ separate entity-specific classes in regulation 3A alone, each with unique eligibility criteria and cessation triggers","Nested conditional logic: multiple levels of exceptions to exceptions (e.g., regulation 3(1)(d)(iii)(C) and its dependency on subregulation 2(2) and regulation 1A)","Complex 'top-up arrangement' provisions (subregulations 2(2)-(5)) creating carve-outs for salary sacrifice arrangements within the exclusions","Three schedules containing modifications to the principal Act, effectively creating parallel versions of the law for different employee categories","Temporal complexity: provisions refer to specific historical dates (e.g., 'the 50% sale day', 'SMHEA corporatisation date', '1 July 1990') that are meaningless without external context","Regulation 4 contains 30 subsections (4(1) through 4(30)) each prescribing different cessation triggers for different employee classes"],"plain_english_summary":"These regulations determine which Australian Government employees can keep their Commonwealth Superannuation Scheme (CSS) membership when they move to specific non-government jobs.\n\n**What it does:**\nNormally, public servants lose their CSS membership when they leave the Australian Public Service. However, **section 14A** of the Superannuation Act 1976 allows certain people to keep contributing to the CSS (and accruing benefits) even after moving to private sector or statutory positions. These regulations specify exactly who qualifies for this continuing coverage and under what conditions.\n\n**Who it covers (the 'eligible' classes):**\nThe regulations list dozens of specific situations where continued CSS membership is allowed, including:\n- Employees moving to **privatised government businesses** (Qantas, Australia Post, Telecom, Medibank, various airports like Sydney and Essendon, Snowy Hydro, Australian Wheat Board/AWB Limited, etc.)\n- Employees transferring to **specific statutory authorities** (Dairy Research and Development Corporation, Northern Land Council, Australian Law Reform Commission, etc.)\n- **Repatriation staff** transferred to state hospitals\n- People eligible for **mobility allowance** (a payment for displaced officers)\n- Employees of various corporatised entities (Australian Government Solicitor, CSS/PSS Board itself, etc.)\n\n**Who is excluded:**\nThe regulations also list classes of people who **cannot** continue CSS coverage, including:\n- Certain reinstated officers who were dismissed and reappointed\n- People who join other superannuation schemes (with specific exceptions for \"top-up\" arrangements where salary is sacrificed into super)\n- People who become barred from contributing under the SIS Act (Superannuation Industry Supervision Act)\n\n**When coverage stops:**\nSection 14A coverage ends when:\n- The person leaves the new employer\n- The person joins a different superannuation scheme (other than the CSS)\n- The employer ceases to be under Commonwealth or ACT Government control (for specific entities)\n- The person makes a written election to cease coverage\n- For specific entities, when funding arrangements or privatisation milestones occur\n\n**Modifications to the main Act:**\nThe schedules modify how the Superannuation Act 1976 applies to these people:\n- **Schedule 1:** Treats certain breaks in service (between dismissal and reinstatement) as \"leave without pay\" so service counts as continuous\n- **Schedule 2:** Special rules for people on mobility allowance, allowing them to base contributions on their previous salary or the allowance amount\n- **Schedule 3:** Special provisions for fixed-term office holders"}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-css-continuing-contributions-for-benefits-regulations-1981","history":"/api/acts/superannuation-css-continuing-contributions-for-benefits-regulations-1981/history","analysis":"/api/acts/superannuation-css-continuing-contributions-for-benefits-regulations-1981/analysis","conflicts":"/api/acts/superannuation-css-continuing-contributions-for-benefits-regulations-1981/conflicts","importantCases":"/api/acts/superannuation-css-continuing-contributions-for-benefits-regulations-1981/important-cases","documents":"/api/acts/superannuation-css-continuing-contributions-for-benefits-regulations-1981/documents"}}