{"id":"F2020L01712","name":"Superannuation (PSSAP—Ordinary Employer-Sponsored Member Exclusion) Determination 2020","slug":"superannuation-pssap-ordinary-employer-sponsored-member-exclusion-determination-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":130936,"registerId":"commonwealth-F2020L01712-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (PSSAP—Ordinary Employer-Sponsored Member Exclusion) Determination 2020","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Superannuation (PSSAP—Ordinary Employer-Sponsored Member Exclusion) Determination 2020\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\nSuperannuation (PSSAP—Ordinary Employer‑Sponsored Member Exclusion) Determination 2020\n\nmade under subsection 18(10) of the\n\nSuperannuation Act 2005\n\nCompilation No. 1\n\nCompilation date: 1 September 2021\n\nIncludes amendments up to: F2021L01097\n\nRegistered: 7 September 2021\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Superannuation (PSSAP—Ordinary Employer-Sponsored Member Exclusion) Determination 2020 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n \n\n \n\n \n\nContents\n\n1 Name\n\n3 Authority\n\n5 Classes of persons who cannot be ordinary employer‑sponsored members under subsection 18(7) or 18(8A) of the Superannuation Act 2005\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\n \n\n1  Name\n\n  This instrument is the Superannuation (PSSAP—Ordinary Employer‑Sponsored Member Exclusion) Determination 2020.\n\n3  Authority\n\n  This instrument is made under subsection 18(10) of the Superannuation Act 2005.\n\n5  Classes of persons who cannot be ordinary employer‑sponsored members under subsection 18(7) or 18(8A) of the Superannuation Act 2005\n\n  For the purposes of subsection 18(10) of the Superannuation Act 2005, the classes of persons are the following:\n\n (a) members of the Australian Defence Force in respect of their military service;\n\n (b) persons who hold office as Judges of the Federal Circuit and Family Court of Australia (Division 2);\n\n (c)  persons to whom Division 1 of Part 2 of the Parliamentary Superannuation Act 2004 applies.\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\n \n\nEndnote 2—Abbreviation key\n\n| ad = added or inserted | o = order(s) |\n| --- | --- |\n| am = amended | Ord = Ordinance |\n| amdt = amendment | orig = original |\n| c = clause(s) | par = paragraph(s)/subparagraph(s) |\n| C[x] = Compilation No. x | /sub‑subparagraph(s) |\n| Ch = Chapter(s) | pres = present |\n| def = definition(s) | prev = previous |\n| Dict = Dictionary | (prev…) = previously |\n| disallowed = disallowed by Parliament | Pt = Part(s) |\n| Div = Division(s) | r = regulation(s)/rule(s) |\n| ed = editorial change | reloc = relocated |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered |\n| effect | rep = repealed |\n| F = Federal Register of Legislation | rs = repealed and substituted |\n| gaz = gazette | s = section(s)/subsection(s) |\n| LA = Legislation Act 2003 | Sch = Schedule(s) |\n| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |\n| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |\n| effect | SR = Statutory Rules |\n| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |\n| cannot be given effect | SubPt = Subpart(s) |\n| mod = modified/modification | underlining = whole or part not |\n| No. = Number(s) | commenced or to be commenced |\n\n\n \n\nEndnote 3—Legislation history\n\n \n\n| Name | Registration | Commencement | Application, saving and transitional provisions |\n| --- | --- | --- | --- |\n| Superannuation (PSSAP—Ordinary Employer‑Sponsored Member Exclusion) Determination 2020 | 24 Dec 2020 (F2020L01712) | 7 Mar 2021 (s 2(1) item 1) |  |\n| Superannuation (PSSAP—Ordinary Employer‑Sponsored Member Exclusion) Amendment (Judges) Determination 2021 | 12 Aug 2021 (F2021L01097) | Sch 1: 1 Sept 2021 (s 2(1) item 2) | — |\n\n\n \n\nEndnote 4—Amendment history\n\n \n\n| Provision affected | How affected |\n| --- | --- |\n| s 2..................... | rep LA s 48D |\n| s 4..................... | rep LA s 48C |\n| s 5..................... | am F2021L01097 |\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose of excluding specific classes of persons from ordinary employer-sponsored membership in PSSAP. The 2021 amendment added Federal Circuit and Family Court judges to the exclusion list, but this was a logical expansion consistent with the original intent rather than scope creep."},"complexity_factors":["Extremely short instrument with only 3 operative sections (Name, Authority, and the substantive section 5)","Only 3 specific exclusions listed in the operative provision","No defined terms section (relies on definitions in the parent Superannuation Act 2005)","Minimal cross-referencing (only references to subsections 18(7), 18(8A), and 18(10) of the Superannuation Act 2005)","No conditional logic, exceptions, or nested provisions","Straightforward list format without complex drafting structures"],"plain_english_summary":"This Determination prevents three specific groups from being automatically enrolled as employer‑sponsored members of the Public Sector Superannuation Accumulation Plan (PSSAP): Defence Force members (in respect of military service), Division 2 judges of the Federal Circuit and Family Court, and certain parliamentarians covered by the Parliamentary Superannuation Act 2004.\n\nIt affects Australian Government employees who might otherwise be auto‑enrolled, avoiding overlapping membership and administrative confusion by keeping those groups in their dedicated super schemes."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The instrument's scope was expanded by amendment F2021L01097 (see Endnote 3 and Endnote 4). Section 5 now explicitly includes persons who hold office as Judges of the Federal Circuit and Family Court of Australia (Division 2). The amendment increased the classes excluded from being ordinary employer‑sponsored members under subsection 18(10) of the Superannuation Act 2005."},"complexity_factors":["Single operative provision (section 5) listing three excluded classes — limited text and scope.","Dependent on cross‑reference to the Superannuation Act 2005 (subsection 18(10)) to understand practical effect.","Amendment history adds a class (Judges, Division 2) — requires checking amendment notes (F2021L01097) for full chronology.","Low regulatory detail — does not set procedures, obligations, or enforcement mechanisms; administrative bodies must apply the exclusion.","Impact hinges on how employers and funds classify members under the Act; potential for operational ambiguity if facts of membership overlap categories."],"plain_english_summary":"This Determination names classes of people who are excluded from being \"ordinary employer‑sponsored members\" under subsection 18(10) of the Superannuation Act 2005. It specifies that ADF members (for military service), Division 2 judges of the Federal Circuit and Family Court, and persons covered by Division 1 of Part 2 of the Parliamentary Superannuation Act 2004 cannot be ordinary employer‑sponsored members. That classification changes which superannuation entry rules and employer‑sponsored arrangements apply to those groups, affecting administrative treatment and entitlement pathways under the Act."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-pssap-ordinary-employer-sponsored-member-exclusion-determination-2020","history":"/api/acts/superannuation-pssap-ordinary-employer-sponsored-member-exclusion-determination-2020/history","analysis":"/api/acts/superannuation-pssap-ordinary-employer-sponsored-member-exclusion-determination-2020/analysis","conflicts":"/api/acts/superannuation-pssap-ordinary-employer-sponsored-member-exclusion-determination-2020/conflicts","importantCases":"/api/acts/superannuation-pssap-ordinary-employer-sponsored-member-exclusion-determination-2020/important-cases","documents":"/api/acts/superannuation-pssap-ordinary-employer-sponsored-member-exclusion-determination-2020/documents"}}