7Persons who are not eligible employees

7 Persons who are not eligible employees

(1) For paragraph (j) of the definition of eligible employee in subsection 3(1) of the Act, a person included in any of the following classes of persons is not an eligible employee: (a) persons (including persons specified in a direction, given under section 11, 12 or 13 of the Act, that was in force immediately before the commencement of this Declaration) who: (i) are employed by an approved authority, whether in a permanent capacity or otherwise; and (ii) either: (A) are, in relation to their employment with the approved authority, members of an alternative superannuation scheme; or (B) are required by the terms and conditions of their employment to become (subject to compliance with, or fulfilment of, any conditions or requirements relating to membership of the scheme) members of an alternative superannuation scheme; (b) persons (including persons specified in a direction, given under section 14 of the Act, that was in force immediately before the commencement of this Declaration) who: (i) are the holders of a statutory office; and (ii) either: (A) are, in relation to the holding of that office, members of an alternative superannuation scheme; or (B) are required by the terms and conditions of their appointment to become (subject to compliance with, or fulfilment of, any conditions or requirements relating to membership of the scheme) members of an alternative superannuation scheme; and (iii) are not on leave of absence without pay from that office; (c) persons (contributions‑barred persons) for whom, under the SIS Act, contributions to a regulated superannuation fund cannot be accepted, other than: (i) persons who: (A) immediately before the commencement of this Declaration, were eligible employees; and (B) have since remained eligible employees; or (ii) persons (other than persons mentioned in subparagraph (i)) who: (A) immediately before becoming contributions‑barred persons, were eligible employees; and (B) have since remained eligible employees; (d) persons who: (i) were appointed to be officers of the Australian Public Service under the Mint Employees Act 1964; and (ii) after being appointed as such officers, made an election under subsection 17(1) of the Mint Employees Act 1964; and (iii) have continued to be, and are, such officers; (e) persons (including persons specified in a direction, given under section 11, 12, 13 or 14 of the Act, that was in force immediately before the commencement of this Declaration): (i) who are permanent or temporary employees or the holders of a statutory office; and (ii) who are, in relation to that employment or the holding of that office, members of an alternative superannuation scheme; and (iii) who are not on leave of absence without pay from that employment or office; and (iv) for whom the Commonwealth or the authority or other body by which they are employed has agreed to pay: (A) an amount or amounts for the benefits that are, under the alternative superannuation scheme, payable to, or for, those persons on their ceasing to be members of the scheme; or (B) an amount or amounts in relation to contributions that are, under that scheme, payable in relation to the benefits; (f) persons who: (i) are employed, whether in a permanent capacity or otherwise, in a designated position in relation to them; and (ii) immediately before becoming so employed, were, in accordance with a superannuation scheme established by or under an Act of the State of New South Wales, receiving a superannuation allowance or other benefit that was payable to them because of their retirement on the ground of invalidity; and (iii) were immediately before their retirement persons employed in the administration of the Meat Industry Act 1978 (New South Wales); (g) persons (including persons specified in a direction, given under section 11, 12, 13 or 14 of the Act, that was in force immediately before the commencement of this Declaration) who: (i) on or after 1 October 1986: (A) become employed by a Northern Territory approved authority; or (B) are appointed to a statutory office established by a law of that Territory; and (ii) continue to be so employed or to hold such statutory office; and (iii) are not prescribed Northern Territory employees; and (iv) are not so employed, or do not hold such an office, during a period when those persons are on leave without pay from employment by the Commonwealth or an approved authority, other than the Northern Territory of Australia or an authority or body established under a law of that Territory; and (v) are not employed as members of the Police Force of the Northern Territory; and (vi) are not persons who: (A) immediately before 1 July 1990, were eligible employees employed in the Australian Legal Aid Office; and (B) on 1 July 1990, become employed by the Northern Territory of Australia under an arrangement made between the Commonwealth and the Northern Territory under section 21 of the Commonwealth Legal Aid Act 1977, as in force immediately before 22 September 1999; and (C) do not elect in accordance with that arrangement to contribute for benefits under the Superannuation Act 1986 (Northern Territory); and (vii) were not invalidity pensioners immediately before: (A) becoming employed as mentioned in subparagraph (i); or (B) becoming the holder of a statutory office as mentioned in that subparagraph; (h) persons who: (i) are employed by University College, being the College established by the University of New South Wales within the Australian Defence Force Academy; and (ii) were not, immediately before becoming so employed, eligible employees; (i) persons (including persons specified in a direction, given under section 11, 12, 13 or 14 of the Act, that was in force immediately before the commencement of this Declaration) who: (i) on or after 1 January 1988 become members of the Police Force of the Northern Territory and continue on and after that date to be in relevant Northern Territory employment other than persons who immediately before becoming such members: (A) were in relevant Northern Territory employment; and (B) were eligible employees; and (ii) are not in relevant Northern Territory employment during a period while on leave without pay from employment by the Commonwealth or an approved authority other than the Northern Territory of Australia or an authority or body established by or under a law of that Territory; and (iii) are not invalidity pensioners; (j) persons (including persons specified in a direction given under section 11, 12, 13 or 14 of the Act) who are members of the Legislative Assembly for the Australian Capital Territory; (l) persons who: (i) in writing addressed to the Board, within the period mentioned in subsection (3): (A) declared that they wished to become members of the Public Sector Superannuation Scheme; and (B) elected to cease to be eligible employees; and (ii) at the time of making that declaration and election, were not: (A) persons who were precluded by or under the Superannuation Act 1990 (other than by paragraph 6(2)(a) of that Act) from being members of the Public Sector Superannuation Scheme; or (B) persons to whom Part IV of the Public Service Act applied, other than persons who were: (I) employed by the Commonwealth otherwise than under the Public Service Act; or (II) employed by an approved authority for the purposes of the Superannuation Act 1990; or (III) the holders of statutory offices; (m) persons who hold office as Judges of the Federal Circuit and Family Court of Australia (Division 2); (n) persons who become employed by Icon Water Limited after the commencement of this Declaration, and to whom one of the following subparagraphs applies, who request in writing, within 28 days after becoming so employed, not to be treated as an eligible employee: (i) a person who, immediately before becoming so employed, was an eligible employee; (ii) a person to whom a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of those sections was payable, or would have been payable if payment had not been suspended, immediately before becoming so employed; (iii) a person to whom invalidity pension under the Act was payable, or would have been payable if payment had not been suspended, immediately before becoming so employed; (iv) a person to whom deferred benefits under the Act or the superseded Act were applicable immediately before becoming so employed; (v) a person who, because of the person’s employment with Icon Water Limited, is a re‑employed former contributor with preserved rights; (p) persons: (i) who are employed by ASIC; and (ii) who became employed by ASIC in the period between 2 July 2019 and the day before the day on which the Superannuation Legislation (CSS and PSS Membership Eligibility—ASIC Employees) Amendment Declaration 2022 commences; and (iii) to whom deferred benefits are applicable under the Act; and (iv) who have not requested, in a form approved by CSC and given to CSC, to be treated as eligible employees. (3) Subject to subsection (4), if: (a) at any time from 1 June 1996 to 31 August 1996 (inclusive) any of the following special circumstances applied to a person: (i) the person was absent from duty on leave without pay; (ii) the person was precluded under the Superannuation Act 1990 (other than under paragraph 6(2)(a) of that Act) from being a member of the Public Sector Superannuation Scheme; (iii) the person was a person to whom Part IV of the Public Service Act applied, other than a person who was: (A) employed by the Commonwealth other than under the Public Service Act; or (B) employed by an approved authority for the purposes of the Superannuation Act 1990; or (C) the holder of a statutory office; and (b) the person did not make a declaration and election mentioned in paragraph (1)(l) before 1 September 1996; the period specified for that paragraph is the period commencing on 1 September 1996 and ending at the end of 3 months commencing on the first day after 31 August 1996 on which none of those circumstances applied to the person. (4) The period for paragraph (1)(l) is: (a) for a person who, immediately before becoming an eligible employee, was a person to whom invalidity pension was payable, or would have been payable if payment had not been suspended, under the Act before 31 August 1996—the period commencing on 1 March 1996 and ending on the later of: (i) 31 August 1996; and (ii) the day 3 months after the day when the person became an eligible employee; or (b) for a person who became an eligible employee after 31 May 1996 and is not a person to whom subparagraph (3)(a)(ii) or paragraph (a) applies—the period of 3 months commencing on the day when the person became an eligible employee.