Superannuation (CSS) Transfer Arrangements Regulations
13Application of the Act to certain persons to whom deferred benefits are applicable or payable under the superseded Act
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13 Application of the Act to certain persons to whom deferred benefits are applicable or payable under the superseded Act
(1) For the purposes of subsection 126 (2) of the Act and the provisions of the Act specified in Schedule 10, the following class of persons is a prescribed class of persons to whom section 126 of the Act applies, namely persons:
(a) to whom deferred benefits as pension (other than in the form of a pension payable under section 46, 47 or 48 of the superseded Act) are applicable or payable under the superseded Act; and
(b) who have, or will, become eligible employees;
other than a person:
(c) referred to in paragraph (a) of the definition of eligible employee in subsection 3 (1) of the Act; or
(d) who has at any time ceased to be an eligible employee and again becomes an eligible employee, not being a person referred to in subsection 8 (1), (2) or (3) of the Act.
(2) The Act in its application to the prescribed class of persons referred to in subregulation (1) is modified in accordance with the modifications specified in Schedule 10.
14 Application of the Act to certain persons who have received payments under section 80 of the Act or section 51 or 85 of the superseded Act
(1) This regulation applies to a person to whom section 126 of the Act applies if, before becoming, or last becoming, an eligible employee:
(a) the person received an amount under section 51 or 85 of the superseded Act by reason of the operation of subsection 119Y (2) of that Act; or
(b) the person received an amount under section 80 of the Act by reason of the operation of subsection 141 (2) of the Act; or
(c) the person:
(i) received an amount under section 51 or 85 of the superseded Act; and
(ii) at the end of the period that, under subsection 119N (1) of that Act, was the prescribed period in relation to the person, was employed in employment that, under subsection 119Q (1) of that Act, was declared to be public employment in relation to the person or to the class of persons of which the person was a member; and
(iii) at the end of that period, was a member of a superannuation scheme (other than an eligible superannuation scheme) applicable to that employment; and
(iv) paid an amount equivalent to that amount to the person administering that scheme in exchange for benefits under that scheme; or
(d) the person:
(i) received an amount under section 80 of the Act; and
(ii) at the end of the period that, under subsection 131 (1) of the Act, was the prescribed period in relation to the person, was employed in employment that, under subsection 133 (1) of the Act, was declared to be public employment in relation to the person or to the class of persons of which the person was a member; and