{"id":"F2005L01895","name":"Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005","slug":"superannuation-pssap-membership-eligibility-inclusion-declaration-2005","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":36089,"registerId":"commonwealth-F2005L01895-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Declaration","content":"#### 1 Name of Declaration\n\n  This Declaration is the Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In this Declaration:\n\n> 1990 Act means the Superannuation Act 1990.\n\n> 1995 Inclusion Declaration means the Superannuation (PSS) Membership Inclusion Declaration 1995 as in force at 1 July 2005.\n\n> 2005 Act means the Superannuation Act 2005.\n\n> AHPRA means the Australian Health Practitioner Regulation Agency established upon commencement of Part 2 of the Health Practitioner Regulation National Law (ACT) Act 2010 and representing the Australian Capital Territory.\n\n> alternative superannuation scheme, in relation to a person who is employed in a particular capacity, or who is the holder of a particular office:\n\n    (a) means a superannuation scheme to which contributions are made in relation to the person’s employment or holding of the office; but\n    (b) does not include any of the following:\n    (i) a scheme to which contributions are made in relation to the person for:\n    (A) if the person is employed in a particular capacity—other employment or the holding of an office; or\n    (B) if the person is the holder of a particular office—other employment or the holding of another office;\n    (ii) a scheme to the extent that membership of that scheme by the person is for the preservation, or payment, of productivity benefits;\n    (iii) a scheme to the extent that participation in that scheme on the person’s behalf is for purposes solely related to satisfying obligations under the Superannuation Guarantee (Administration) Act 1992;\n    (iv) a scheme to which contributions are made in relation to the person only in relation to performance pay;\n    (v) for a prescribed person—a scheme of which the person is taken, under subsection (2), to be a member for top‑up purposes.\n\n> Note: Example\n\n> Note: If a person is a member, and is making voluntary contributions to an RSA without any employer contributions, the RSA will not be an alternative superannuation scheme. However, if the person’s employer makes contributions to the RSA, above the superannuation guarantee rate, the RSA will be an alternative superannuation scheme.\n\n> APRA means the Australian Prudential Regulation Authority established by the Australian Prudential Regulation Authority Act 1998.\n\n> ASIC means the Australian Securities and Investments Commission established by the Australian Securities and Investments Commission Act 1989 and continued in existence by the Australian Securities and Investments Commission Act 2001.\n\n> Australian Hearing Services means the body corporate established under Part 2 of the Australian Hearing Services Act 1991.\n\n> Calvary Commencement Date means the date the Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2008 commenced.\n\n> Commencement Date means the date the Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2006 commenced.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> ordinary employer‑sponsored member has the same meaning as in the 2005 Act.\n\n> PHIAC means the Private Health Insurance Administration Council established by the National Health Act 1953 and continued in existence under Part 6‑3 of the Private Health Insurance Act 2007.\n\n> PSS has the same meaning as in the 2005 Act.\n\n> PSSAP means the Public Sector Superannuation Accumulation Plan established by Trust Deed in accordance with section 10 of the 2005 Act.\n\n> PSSAP member has the same meaning as in the Trust Deed made under section 10 of the 2005 Act.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Persons eligible to become PSSAP members under Section 13 of the 2005 Act","content":"#### 4 Persons eligible to become PSSAP members under Section 13 of the 2005 Act\n\n  (1) Subject to subsection (2), a person listed in Schedule 1 is eligible to become a PSSAP member.\n  (2) Subsection (1) will cease to apply to a person referred to:\n    (d) in item \\[6\\] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (11) of the 1995 Inclusion Declaration; and\n    (f) in item \\[8\\] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (13) of the 1995 Inclusion Declaration; and\n    (g) in item \\[9\\] of the Schedule, at the end of the earlier of:\n    (i) the day on which the person ceases to be an employee of CSC;\n    (ii) the day immediately before the day on which the person becomes, in relation to the person’s employment with CSC, a member of an alternative superannuation scheme; or\n    (iii) if CSC ceases to be a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 – the last day on which CSC is a Commonwealth entity; and\n    (h) in item \\[12\\] of the Schedule, at the end of the earlier of:\n    (i) the day on which the person ceases to be an employee of AHPRA;\n    (ii) the day immediately before the day on which the person becomes, in relation to the person’s employment with AHPRA, a member of an alternative superannuation scheme; or\n    (iii) if AHPRA ceases to be a statutory authority of the Australian Capital Territory—the last day on which AHPRA is a statutory authority; and\n    (i) in item \\[13\\] of the Schedule, at the end of the earlier of:\n    (i) the day on which the person ceases to be an employee of Australian Hearing Services; and\n    (ii) the day immediately before the day on which the person becomes, in relation to the person’s employment with Australian Hearing Services, a member of an alternative superannuation scheme; or\n    (iii) if Australian Hearing Services ceases to be a corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013—the last day on which Australian Hearing Services is a corporate Commonwealth entity; and\n    (j) in item \\[14\\] of the Schedule, at the end of the earlier of:\n    (i) the day on which the person ceases to be an employee of APRA;\n    (ii) the day immediately before the day on which the person becomes, in relation to the person’s employment with APRA, a member of an alternative superannuation scheme; or\n    (iii) if APRA ceases to be a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 – the last day on which APRA is a Commonwealth entity; and\n    (k) in item \\[15\\] of the Schedule, at the end of the earlier of:\n    (i) the day on which the person ceases to be an employee of ASIC;\n    (ii) the day immediately before the day on which the person becomes, in relation to the person’s employment with ASIC, a member of an alternative superannuation scheme;\n    (iii) the day immediately before the day on which the person becomes a member of a superannuation scheme to which contributions are made by ASIC for purposes solely related to satisfying obligations under the Superannuation Guarantee (Administration) Act 1992; or\n    (iv) if ASIC ceases to be a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 – the last day on which ASIC is a Commonwealth entity.","sortOrder":2}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This Declaration explicitly sets who may join PSSAP by listing eligible persons in Schedule 1 but also constrains that inclusion with time‑ or event‑limited cessations (for example, ceasing employment, joining an alternative superannuation scheme, or events in the 1995 Inclusion Declaration). Those conditional endings narrow the duration or permanence of eligibility for several listed categories (see s4(1)–(2) and the definition of 'alternative superannuation scheme')."},"complexity_factors":["Heavy cross-referencing to other instruments and Acts (the 1995 Inclusion Declaration, Superannuation Act 1990 and 2005, and the Public Governance, Performance and Accountability Act 2013).","A multi-part definition of 'alternative superannuation scheme' with several exclusion subclauses that change how a scheme is treated for eligibility purposes (Definitions).","Conditional and item-specific cessation rules in section 4(2) that rely on events in another declaration (1995 Inclusion Declaration) and on employment status or membership of other schemes (s4(2)(d),(f),(g),(h),(i),(j),(k)).","Dependence on Schedule 1 for the operative list of eligible persons (s4(1)), so the instrument’s effect requires reading an external schedule.","Multiple agency-specific references (CSC, AHPRA, APRA, ASIC, Australian Hearing Services) creating distinct trigger conditions per employer (s4(2) items).","Transitional/commencement labels (Commencement Date, Calvary Commencement Date) indicating amendments and time-staggered effects in practice (Definitions).","Interplay with the PSSAP Trust Deed and the 2005 Act via defined terms (PSSAP, PSS, PSSAP member), introducing external governance documents into eligibility determination."],"plain_english_summary":"This Declaration names the categories of people (those listed in Schedule 1) who are eligible to become members of the Public Sector Superannuation Accumulation Plan (PSSAP) and sets the events that end that eligibility. It mainly affects employees of the listed agencies and anyone whose membership depends on employer-related contributions or moving to another superannuation arrangement; eligibility ends on specified events such as ceasing employment, joining an alternative superannuation scheme, or the triggering events in the 1995 Inclusion Declaration."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2005 declaration appears to have been a foundational instrument establishing baseline eligibility. However, the text shows it has been significantly expanded through amendment declarations in 2006 and 2008, adding entities like AHPRA, Australian Hearing Services, APRA, ASIC and CSC. The detailed cessation triggers in subsection (2) — particularly the organisation-specific 'if X ceases to be a Commonwealth entity' clauses — suggest the legislation has grown from simple eligibility listing to complex ongoing membership management tied to changing organisational status under other Acts."},"complexity_factors":["17 defined terms in the interpretation section, many cross-referencing other Acts","Nested conditional logic in subsection (2) with multiple 'earlier of' tests and alternative triggers for eligibility cessation","Heavy cross-referencing to external legislation including the Superannuation Act 1990, Superannuation Act 2005, Public Governance, Performance and Accountability Act 2013, and various entity-specific establishing Acts","Complex definition of 'alternative superannuation scheme' with 5 specific exclusions plus a note with examples","Multiple amendment declarations referenced (2006, 2008) creating a layered legislative history","Schedule 1 is referenced but not included in the provided text, creating an incomplete picture of actual coverage"],"plain_english_summary":"This declaration names which Commonwealth entities’ employees may join the Public Sector Superannuation Accumulation Plan (PSSAP) and defines when that eligibility ends. It affects staff of listed agencies (eg. CSC, APRA, ASIC, AHPRA, Australian Hearing Services and others) and matters because it determines who can use PSSAP as their super fund and prevents accidental loss of access when employment or employer contributions change."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-pssap-membership-eligibility-inclusion-declaration-2005","history":"/api/acts/superannuation-pssap-membership-eligibility-inclusion-declaration-2005/history","analysis":"/api/acts/superannuation-pssap-membership-eligibility-inclusion-declaration-2005/analysis","conflicts":"/api/acts/superannuation-pssap-membership-eligibility-inclusion-declaration-2005/conflicts","importantCases":"/api/acts/superannuation-pssap-membership-eligibility-inclusion-declaration-2005/important-cases","documents":"/api/acts/superannuation-pssap-membership-eligibility-inclusion-declaration-2005/documents"}}