21BMembership of ESSPLAN

21B Membership of ESSPLAN (1) Subject to this section, a person becomes a member— (a) if the person is not an operational staff member of a participating employer and commences employment on or after 1 January 1994; or S. 21B(1)(b) amended by No. 43/2008 s. 11(1). (b) if the person employed by a participating employer applies in writing to the Board to become a member, if and when the Board accepts the application or from such later date as the Board may determine with the approval of the participating employer; or S. 21B(1)(c) inserted by No. 43/2008 s. 11(2). (c) if the person is an eligible beneficiary and applies in writing to the Board to become a member, if and when the Board accepts the application; or S. 21B(1)(ca) inserted by No. 38/2009 s. 12. (ca) if the person is a beneficiary who has a beneficiary account and applies in writing to the Board to become a member, if and when the Board accepts the application; or S. 21B(1)(d) inserted by No. 43/2008 s. 11(2). (d) if the person is a returning member who is an operational staff member, on the commencement of the fixed term agreement. S. 21B(2)(3) repealed by No. 43/2008 s. 11(3). S. 21B(4) substituted by No. 84/1998 s. 10, amended by No. 32/2005 s. 6, repealed by No. 43/2008 s. 11(3). S. 21B(5) substituted by No. 84/1998 s. 10, repealed by No. 43/2008 s. 11(3). S. 21B(6)(7) repealed by No. 84/1998 s. 10. (8) Subject to subsection (9), if a participating employer certifies in writing to the Board that it is meeting its entire obligations under the Commonwealth Superannuation Guarantee (Administration) Act 1992 in respect of a person through another complying superannuation fund, then— (a) if that person is not a member of the Scheme, he or she is not eligible to become a member of the Scheme in respect of employment with that participating employer; or (b) if that person is a member of the Scheme, no further contributions are to be made to the Scheme in respect of that person by that participating employer. (9) Subject to the approval of the Board, subsection (8) ceases to apply to an employee if the participating employer certifies in writing to the Board that the participating employer has ceased meeting its obligations in respect of that employee under the Commonwealth Superannuation Guarantee (Administration) Act 1992 through another complying superannuation Fund. (10) A person ceases to be a member on— (a) the death of that person; or (b) the payment, cessation or termination under this Part of all benefits from the Scheme to which that person could become entitled; or S. 21B(10)(c) substituted by No. 37/2007 s. 9. (c) the rollover or transfer of that person's member's account balance within the superannuation system— whichever first occurs. S. 21C inserted by No. 82/1996 s. 11.