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Superannuation Act 2005
16PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes
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#### 16 PSSAP is the sole eligible choice fund in relation to APS employees etc. for certain purposes
(1) If:
(a) either:
(i) a person is eligible to become a member of PSSAP because of particular employment; or
(ii) a person is a member of PSSAP, and if the person were not a member of PSSAP, the person would be eligible to become a member because of particular employment; and
(b) that employment is:
(i) employment as an APS employee; or
(ii) specified in a written determination made by the Minister under this subparagraph; and
(c) PSSAP is covered by a paragraph of section 32D of the Superannuation Guarantee (Administration) Act 1992;
then, for the purposes of the application of subsection 32C(2) of the Superannuation Guarantee (Administration) Act 1992 to the person, PSSAP is the sole eligible choice fund for the person’s employer.
> Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(2) A determination under subparagraph (1)(b)(ii) is a legislative instrument.
(3) 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 determination under subparagraph (1)(b)(ii) of this section.
(4) In this section:
> employment has the same meaning as in the Superannuation Guarantee (Administration) Act 1992.
> Note: See also section 18A of the Acts Interpretation Act 1901 (parts of speech and grammatical forms).