13Eligibility for membership of PSSAP

#### 13 Eligibility for membership of PSSAP (1) A person is eligible to become a member of PSSAP if: (a) subject to subsections (2) and (3), the person is: (i) a public sector employee; or (ii) specified in a written declaration made by the Minister under this subparagraph; or (b) subject to subsection (3), the person is an Australian government superannuation scheme member; or (c) subject to subsection (3), the person is a former Australian government superannuation scheme member; or (d) the person was a member of the PSS or an eligible employee (within the meaning of the Superannuation Act 1976) at a time after the commencement of the Superannuation Amendment (PSSAP Membership) Act 2020 but is no longer such a member or eligible employee. > Note: Subparagraph (1)(a)(ii)—for specification by class, see subsection 13(3) of the Legislation Act 2003. (2) A person is not eligible to become a member of PSSAP if: (a) the person is a member of PSS (other than a member of the PSS who has made an election under section 6B of the Superannuation Act 1990); or (b) the person is a former member of PSS in respect of whom a preserved benefit under PSS has not yet been paid; or (c) the person is a PSS invalidity pensioner (within the meaning of the Superannuation Act 1990); or (d) the person is entitled to make an election under section 7 or 8 of the Superannuation Act 1990 that would result in the person becoming a member of PSS; or (e) the person is an eligible employee for the purposes of the Superannuation Act 1976; or (f) the person is a person to whom the Judges’ Pensions Act 1968 applies; or (g) the person is covered by paragraph 6(2)(ba) of the Superannuation Act 1990; or (h) the person is specified in a written declaration made by the Minister under this paragraph. > Note: For specification by class, see subsection 13(3) of the Legislation Act 2003. (3) A person is not eligible to become a member of PSSAP before 1 July 2005. Declarations (4) A declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) is a legislative instrument. (5) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under subparagraph (1)(a)(ii) or paragraph (2)(h) of this section. (6) A declaration under subparagraph (1)(a)(ii) may be expressed to commence on a day not earlier than 12 months before the making of the declaration. (7) If: (a) a declaration is made under subparagraph (1)(a)(ii); and (b) before the start of the 12‑month period ending immediately before the making of the declaration, basic employer contributions were accepted or purportedly accepted in respect of a person to whom the declaration relates; the declaration may be expressed to commence on a day not earlier than the earliest day on which those contributions were accepted or purportedly accepted.