Sch 12Modifications — Transfer to membership of the Public Sector Superannuation Scheme

Schedule 12 Modifications — Transfer to membership of the Public Sector Superannuation Scheme

(regulation 15)

1 Section 246 (Loss of entitlement to benefits)

1.1 Omit ‘section 245’, substitute ‘paragraph 4 (1) (zo) of the Superannuation (CSS) Eligible Employees Regulations or subregulation 4A (1) of the Superannuation (CSS) Continuing Contributions for Benefits Regulations’.

2 Section 247 (Revocation of election in certain cases)

2.1 Omit the section, substitute:

‘247 Revocation of election in certain cases

If:

(a) a person has ceased to be an eligible employee by reason of making a declaration and election referred to in:

(i) paragraph 4 (1) (zo) of the Superannuation (CSS) Eligible Employees Regulations; or

(ii) subregulation 4A (1) of the Superannuation (CSS) Continuing Contributions for Benefits Regulations; and

(b) after the person made that declaration and election, the PSS Board notifies the person that:

(i) the CSS average salary of the person for the purpose of the Rules for the administration of the Public Sector Superannuation Scheme has been ascertained by the PSS Board in the exercise of a discretion given to it under the Rules rather than by reference to objective criteria specified in the Rules; or

(ii) that an amount previously notified to the person as the person’s CSS average salary for the purpose of those Rules was incorrect;

then:

(c) the person may, within 3 months after receiving that notification, in writing addressed to the Board, revoke the declaration and election; and

(d) on the making of the revocation, this Act has effect as if the declaration and election had not been made.’.

3 Section 248 (Transfer of assets etc to Public Sector Superannuation Scheme)

3.1 Subsection 248 (1):

Omit ‘30 June 1991’, substitute ‘31 August 1996’.

3.2 Paragraph 248 (1) (a):

Omit ‘section 245’, substitute ‘paragraph 4 (1) (zo) of the Superannuation (CSS) Eligible Employees Regulations or subregulation 4A (1) of the Superannuation (CSS) Continuing Contributions for Benefits Regulations.’.

Notes to the Superannuation (CSS) Transfer Arrangements Regulations

Note 1

Note: The Superannuation (CSS) Transfer Arrangements Regulations (in force under the Superannuation Act 1976) as shown in this compilation comprise Statutory Rules 1978 No. 255 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.