This is a compilation of the Superannuation (PSS) Membership Exclusion Declaration 1995 that shows the text of the law as amended and in force on 6 March 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name of Declaration
2 Authority
3 Interpretation
4 Persons to whom section 6 of the Act does not apply
Schedule Persons to whom section 6 of the 1990 Act does not apply
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name of Declaration
This Declaration is the Superannuation (PSS) Membership Exclusion Declaration 1995.
2 Authority
This instrument is made under paragraph 6(2)(c) of the Superannuation Act 1990.
3 Interpretation
(1) In this Declaration, unless the contrary intention appears:
1922 Act means the Superannuation Act 1922.
1976 Act means the Superannuation Act 1976.
1990 Act means the Superannuation Act 1990.
ACT Government Service means the Service established by subsection 12 (1) of the Public Sector Management Act 1994 of the Australian Capital Territory.
alternative superannuation scheme, in relation to a person who is employed in a particular capacity, or who is the holder of a particular office:
(a) means a superannuation scheme to which contributions are made in relation to the person’s employment or holding of the office; but
(b) does not include any of the following:
(i) a scheme to which contributions are made in relation to the person for:
(A) if the person is employed in a particular capacity — other employment or the holding of an office; or
(B) if the person is the holder of a particular office — other employment or the holding of another office;
(ii) a scheme to the extent that membership of that scheme by the person is for the preservation, or payment, of productivity benefits;
(iii) a scheme to the extent that participation in that scheme
on the person’s behalf is for purposes solely related to
satisfying obligations under the Superannuation Guarantee (Administration) Act 1992;
(iv) a scheme to which contributions are made in relation to the person only in relation to performance pay;
(v) for a prescribed person — a scheme of which the person is taken, under subsection (2), to be a member for top‑up purposes.
Example
If a person is a member, and is making voluntary contributions to an RSA without any employer contributions, the RSA will not be an alternative superannuation scheme. However, if the person’s employer makes contributions to the RSA, above the superannuation guarantee rate, the RSA will be an alternative superannuation scheme.
ASIC means the Australian Securities and Investments Commission established by the Australian Securities and Investments Commission Act 1989 and continued in existence by the Australian Securities and Investments Commission Act 2001.
eligible employee has the meaning given by the 1976 Act.
member, of a superannuation scheme that is an RSA, means a holder of the RSA.
PSS member means a person who is a member of the Public Sector Superannuation Scheme.
performance pay means a payment of that name made under:
(a) an industrial agreement under Division 3A of Part VI of the Industrial Relations Act 1988 as in force immediately before 30 March 1994; or
(b) an agreement under Part VIB of that Act in force before 15 November 1996.
prescribed person means a person who holds office or is employed under terms and conditions that enable the person to choose whether to take part of his or her remuneration in a non‑monetary form (for example, a top‑up arrangement).
private superannuation scheme means a scheme, fund or arrangement, however established, under which superannuation or retirement benefits are payable, but does not include a scheme established by or under an Act of a State, a Territory or the Commonwealth.
productivity benefits means benefits that are productivity related benefits within the meaning of section 110A of the 1976 Act.
Public Service Act means the Public Service Act 1922.
superannuation scheme:
(a) means a scheme, fund or arrangement, however established, under which superannuation or retirement benefits are payable; and
(b) includes an RSA within the meaning of the Retirement Savings Account Act 1997.
top‑up arrangement means an arrangement in relation to the employment of, or the holding of an office by, a person (the payee):
(a) under which:
(i) another person (the payer) contributes, on behalf of the payee, to a superannuation scheme (which may be a scheme that applies only to the payee) under which superannuation or retirement benefits are payable to, or in relation to, the payee; and
(ii) the contributions are part of, and not additional to, the payee’s overall remuneration package provided by the payer; and
(b) that is entered into on the basis that:
(i) the payee continues to be, or becomes, a member of the Public Sector Superannuation Scheme; and
(ii) the payer continues to be, or becomes, the designated employer of the payee;
in relation to that employment or holding of office.
Note Unless the contrary intention appears, terms defined in the Superannuation Act 1990 have the same meaning in this Declaration. For example, section 3 of that Act contains the following definition:
Note: Public Sector Superannuation Scheme means the superannuation scheme established by the Trust Deed.
(2) For the purposes of this Declaration, a person is taken to be a member of a superannuation scheme for top‑up purposes if the person is a member of the scheme only because of:
(a) a top‑up arrangement; or
(b) a top‑up arrangement and any of the following circumstances:
(i) contributions relating to performance pay are made to the scheme;
(ii) the person is a member of the scheme for the purpose of the preservation, or payment, of productivity benefits;
(iii) participation in the scheme on the person’s behalf by the person’s employer is for purposes solely related to satisfying the employer’s obligations under the Superannuation Guarantee (Administration) Act 1992.
4 Persons to whom section 6 of the Act does not apply
(1) Subject to subsection (2), section 6 of the 1990 Act does not apply to a person mentioned in the Schedule.
(2) Item 34 of the Schedule ceases to have effect in relation to a person described in that item if the person is permanently appointed to the Australian Public Service after the day that is the staff transfer day (within the meaning of section 3 of the Repatriation Institutions (Transfer) Act 1992) in relation to the person.
Schedule Persons to whom section 6 of the 1990 Act does not apply
(section 4)
1 A person who:
(a) on 31 January 1991 was employed under section 82AC of the Public Service Act in the Transport and Storage Group within the Department of Administrative Services; and
(b) holds an appointment, with effect on and from 1 February 1991, as an officer under section 42A of that Act; and
(c) is not an eligible employee; and
(d) has not, at any time:
(i) made a declaration and election under subsection 244 (1) of the 1976 Act; or
(ii) made a request in writing, in a form approved by the Board, to become a member of the Public Sector Superannuation Scheme.
3 A person (including a person who has made an election under section 8 of the 1990 Act):
(a) who is employed by an approved authority, whether in a permanent capacity or otherwise; and
(b) who:
(i) is, in relation to that employment, a member of an alternative superannuation scheme; or
(ii) is required by the terms and conditions of his or her employment to become a member of an alternative superannuation scheme, subject to compliance with any conditions or requirements relating to membership of the scheme.
4 A person (including a person who has made an election under section 7 of the 1990 Act):
(a) who holds a statutory office; and
(b) who either:
(i) is, in relation to the holding of that office, a member of an alternative superannuation scheme; or
(ii) is required by the terms and conditions of his or her appointment to become a member of an alternative superannuation scheme, subject to compliance with any conditions or requirements relating to membership of the scheme; and
(c) who is not on leave of absence without pay from that office.
5 A person who:
(a) was employed in a permanent capacity by an approved authority within the meaning of the 1922 Act immediately before the commencement of the 1976 Act; and
(b) has since continuously been employed in a permanent capacity by that approved authority; and
(c) was not an employee for the purposes of the 1922 Act immediately before the commencement of the 1976 Act; and
(d) was not a member of an alternative superannuation scheme applying to the person’s employment by that approved authority immediately before the commencement of the 1976 Act; and
(e) has not been a member of a scheme of that kind at any time since the commencement of the 1976 Act; and
(f) before 1 July 1990, did not ask to be treated as an eligible employee; and
(g) has not asked to be treated as a PSS member.
6 A person who:
(a) immediately before the commencement of the 1976 Act was entitled to make an election under subsection 66 (2), 67 (2) or 69 (1) of the 1922 Act; and
(b) did not make an election of that kind before the commencement of the 1976 Act; and
(c) but for paragraph 4 (1) (c) of the Superannuation (CSS) Eligible Employees Regulations:
(i) would have been an eligible employee at the commencement of the 1976 Act; and
(ii) would have continuously been an eligible employee from that commencement; and
(d) before 1 July 1990, did not ask to be treated as an eligible employee; and
(e) has not asked to be treated as a PSS member.
7 A person who:
(a) was appointed to be an officer of the Australian Public Service under the Mint Employees Act 1964; and
(b) after being so appointed made an election under subsection 17 (1) of that Act; and
(c) has since continuously been an officer of that kind.
8 A person (including a person who has made an election under section 7 or 8 of the 1990 Act):
(a) who is a permanent or temporary employee or the holder of a statutory office; and
(b) who, in relation to that employment or office, is a member of an alternative superannuation scheme; and
(c) who is not on leave of absence without pay from that employment or office; and
(d) in respect of whom the Commonwealth or the authority or other body by which he or she is employed has agreed to pay:
(i) an amount or amounts in respect of the benefits that are, under the alternative superannuation scheme, payable to, or in respect of, that person upon his or her ceasing to be a member of the scheme; or
(ii) an amount or amounts in respect of contributions that are, under that scheme, payable in respect of such benefits.
12 A person who:
(a) is taken, under subsection 12 (3) or (4) of the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985, to be employed by the Australian Trade Commission under section 60 of the Australian Trade Commission Act 1985; and
(b) immediately before the day from and including which the person was taken, under either of those subsections, to be so employed, was not an eligible employee; and
(c) after becoming taken to be so employed and before 1 July 1990, did not ask to be treated as an eligible employee; and
(d) has not asked to be treated as a PSS member.
13 A person:
(a) who, immediately before 15 December 1986:
(i) was employed under the Public Service Act of the Northern Territory; and
(ii) was not a member of a superannuation scheme established under a law of the Northern Territory; and
(iii) was not an eligible employee; and
(b) who:
(i) was appointed as an officer of the Australian Public Service on 15 December 1986 under Division 9F of Part III of the Public Service Act; and
(ii) has since continuously been an officer of that Service; and
(c) who, before 1 July 1990, did not ask to be treated as an eligible employee; and
(d) who has not asked to be treated as a PSS member.
14 A person:
(a) who, immediately before 16 February 1987:
(i) was employed under the Public Service Act 1978 of the State of Western Australia; and
(ii) was not a member of a superannuation scheme established under a law of that State; and
(b) who:
(i) was appointed as an officer of the Australian Public Service on 16 February 1987 under Division 9A of Part III of the Public Service Act; and
(ii) has since continuously been an officer of that Service; and
(c) who, before 1 July 1990, did not ask to be treated as an eligible employee; and
(d) who has not asked to be treated as a PSS member.
15 A person:
(a) who:
(i) after the commencement of section 13 of the Governor‑General Act 1974 and before 1 June 1985, became employed as a member of the Governor‑General’s staff under that section; and
(ii) has since continuously been employed as a member of that kind; and
(b) who, immediately before becoming employed as a member of that kind:
(i) was employed as a member of the Governor‑General’s staff in accordance with an order under subsection 8A (1) of the Public Service Act; and
(ii) was not an eligible employee; and
(c) who, before 15 June 1987, had asked in writing not to be treated as an eligible employee; and
(d) who has not asked to be treated as a PSS member.
16 A person:
(a) who, immediately before 15 October 1987:
(i) was employed under section 42 of the Naval Defence Act 1910; and
(ii) was not an eligible employee; and
(b) who:
(i) was appointed as an officer of the Australian Public Service on 15 October 1987 under Division 9A of Part III of the Public Service Act; and
(ii) has since continuously been an officer of that Service; and
(c) who, before 1 July 1990, did not ask to be treated as an eligible employee; and
(d) who has not asked to be treated as a PSS member.
17 A person:
(a) who, immediately before 3 April 1988:
(i) was employed under the Public Service Act 1974 of the State of Victoria; and
(ii) was not a contributor for the purposes of the State Employees Retirement Benefits Act 1979, or the Superannuation Act 1958, of that State; and
(b) who:
(i) was appointed as an officer of the Australian Public Service on 3 April 1988 under Division 9A of Part III of the Public Service Act; and
(ii) has since continuously been an officer of that Service; and
(c) who, before 1 July 1990, did not ask to be treated as an eligible employee; and
(d) who has not asked to be treated as a PSS member.
18 A person:
(a) who, immediately before 1 July 1988:
(i) was employed under section 82AC of the Public Service Act; and
(ii) was a person to whom the order that was made under subsection 8A (1) of that Act on 1 July 1975 and subsequently amended applied; and
(iii) was not an eligible employee; and
(b) who:
(i) was appointed as an officer of the Australian Public Service on 1 July 1988 under section 42 or 42A of the Public Service Act; and
(ii) has since continuously been an officer of that Service; and
(c) who, before 1 July 1990, did not ask to be treated as an eligible employee; and
(d) who has not asked to be treated as a PSS member.
19 A person who is a member of the Legislative Assembly for the Australian Capital Territory, including a person who has made an election under section 7 or 8 of the 1990 Act.
20 A person:
(a) who, immediately before 1 June 1989:
(i) was employed under section 82AC of the Public Service Act in the Department of Administrative Services and was performing duties in the Transport and Storage Group; and
(ii) was not an eligible employee; and
(b) who:
(i) on 1 June 1989, was appointed as an officer of the Australian Public Service under section 42 or 42A of the Public Service Act; and
(ii) has since continuously been an officer of that Service; and
(c) who, before 1 July 1990, did not ask to be treated as an eligible employee; and
(d) who has not asked to be treated as a PSS member.
22 A person who holds a statutory office under any of the following Acts:
(a) Air Services Act 1995;
(b) Australian National University Act 1991; and
(c) Australian Postal Corporation Act 1989.
22A A person who holds a statutory office under the University of Canberra Act 1989 of the Australian Capital Territory.
23 A person who holds a statutory office under a law of the Northern Territory of Australia.
29 A person:
(a) to whom Division 2 or 3 of Part IV of the Public Service Act applies; and
(b) who, immediately before that Division became applicable to him or her, was not:
(i) a PSS member; or
(ii) an eligible employee.
30 A person:
(a) to whom Division 2 or 3 of Part IV of the Public Service Act applies; and
(b) who is, in relation to his or her employment, a member of an alternative superannuation scheme.
31 A person who:
(a) immediately before 19 May 1994:
(i) was employed under section 42 of the Naval Defence Act 1910; and
(ii) was not a member of the Public Sector Superannuation Scheme; and
(iii) was not an eligible employee who had made an election and declaration under subsection 244 (1) of the 1976 Act; and
(b) was appointed as an officer of the Australian Public Service on 19 May 1994 under section 81B of the Public Service Act; and
(c) has not subsequently ceased to be an officer of that Service; and
(d) has not made a request, in writing, to be treated as a member of the Public Sector Superannuation Scheme.
32 A person who:
(a) became an officer of the ACT Government Service (other than a fixed‑term Senior Executive Service officer), under section 6 or 7 of the Public Sector Management (Consequential and Transitional Provisions) Act 1994 of the Australian Capital Territory, on the day on which that Service was established; and
(b) continues to be an officer of that Service; and
(c) immediately before becoming an officer of that Service, was:
(i) an officer for the purposes of the Public Service Act; or
(ii) a continuing employee under section 82AC of the Public Service Act; or
(iii) a person who was taken to be a continuing employee under section 82AD of the Public Service Act ; or
(iv) an officer or employee of a prescribed entity for the purposes of the Public Sector Management (Consequential and Transitional Provisions) Act 1994 of the Australian Capital Territory; and
(d) immediately before becoming an officer of that Service, was not:
(i) a PSS member; or
(ii) an eligible employee who made an election and declaration under subsection 244 (1) of the 1976 Act; and
(e) does not, at any time after becoming an officer of that Service, request in writing to be treated as a PSS member.
34 A person who:
(a) is appointed to the Australian Public Service under section 42A of the Public Service Act after 15 December 1994; and
(b) immediately before being so appointed:
(i) was employed at a hospital or other institution that is a repatriation institution for the purposes of the Repatriation Institutions (Transfer) Act 1992 (other than a hospital or institution that had been transferred to the control of a State or Territory under that Act before 16 December 1994); and
(ii) was a continuing employee within the meaning of subsection 82 (1) of the Public Service Act; and
(iii) was not a member of the Public Sector Superannuation Scheme.
35 A person any of whose benefits in the Public Sector Superannuation Scheme become compulsorily payable under the Superannuation Industry (Supervision)) Act 1993.
36 A person (in this item referred to as a contributions‑barred person) in respect of whom, under the Superannuation Industry (Supervision) Act 1993, contributions to a regulated superannuation fund cannot be accepted, other than:
(a) a person who:
(i) immediately before the commencement of this item, was a PSS member; and
(ii) has since remained a PSS member; or
(b) a person (not being a person referred to in paragraph (a)) who:
(i) immediately before becoming a contributions‑barred person, was a PSS member; and
(ii) has since remained a PSS member.
37 A person who:
(a) because of a declaration made under subsection 19 (2) of the Public Sector Management (Consequential and Transitional Provisions) Act 1994 of the Australian Capital Territory, is taken to have been employed, on and after the day specified in the declaration:
(i) as an officer or employee in a specified government agency under the Public Sector Management Act 1994 of that Territory; or
(ii) by that Territory on indefinite tenure in a specified government agency under the Public Sector Management (Consequential and Transitional Provisions) Act 1994 of that Territory; and
(b) has not ceased to be so employed; and
(c) was not, immediately before the day specified in the declaration, a PSS member; and
(d) before the commencement of this item, has asked, in writing, not to be treated as a PSS member; and
(e) since the commencement of this item, has not asked, in writing, to become a PSS member.
38 A person who, on or after 1 August 1998, became or becomes a person to whom Division 2 or 3 of Part IV of the Public Service Act applies, unless the person is a person who is a PSS member because of a Declaration made under paragraph 6 (1) (j) of the 1990 Act.
39 A person who:
(a) immediately before the commencement of the Public Service Act 1999, was not a PSS member; and
(b) on the commencement of the Public Service Act 1999, became an APS employee for the purposes of that Act and a permanent employee for the purposes of the 1990 Act; and
(c) has not subsequently ceased to be an APS employee for the purposes of the Public Service Act 1999; and
(d) has not requested, in writing, to be treated as a PSS member.
40 A person who:
(a) immediately before the commencement of the Parliamentary Service Act 1999, was not a PSS member; and
(b) on the commencement of the Parliamentary Service Act 1999, became a Parliamentary Service employee for the purposes of that Act and a permanent employee for the purposes of the 1990 Act; and
(c) has not subsequently ceased to be a Parliamentary Service employee for the purposes of the Parliamentary Service Act 1999; and
(d) has not requested, in writing, to be treated as a PSS member.
41 A person who holds office as a Judge of the Federal Circuit and Family Court of Australia (Division 2).
42 A person who commences employment with Icon Water Limited on or after the commencement of this item other than a person who:
(a) immediately before commencing that employment:
(i) was a PSS member; or
(ii) had a preserved benefit under the 1990 Act that was preserved before the commencement of this item; or
(b) was an eligible employee who has made an election and declaration under section 244 of the 1976 Act; and
does not ask, in writing, within 28 days after commencing that employment, not to be treated as a PSS member.
44 A person who:
(a) is employed by ASIC; and
(b) 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
(c) has a preserved benefit under the Public Sector Superannuation Scheme; and
(d) has not requested, in a form approved by CSC and given to CSC, to be treated as a PSS member.
Note: Endnotes
Note: Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Note: Endnote 2—Abbreviation key
ad = added or inserted
o = order(s)
am = amended
Ord = Ordinance
amdt = amendment
orig = original
c = clause(s)
par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x
/sub‑subparagraph(s)
Ch = Chapter(s)
pres = present
def = definition(s)
prev = previous
Dict = Dictionary
(prev…) = previously
disallowed = disallowed by Parliament
Pt = Part(s)
Div = Division(s)
r = regulation(s)/rule(s)
ed = editorial change
reloc = relocated
exp = expires/expired or ceases/ceased to have
renum = renumbered
effect
rep = repealed
F = Federal Register of Legislation
rs = repealed and substituted
gaz = gazette
s = section(s)/subsection(s)
LA = Legislation Act 2003
Sch = Schedule(s)
LIA = Legislative Instruments Act 2003
Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given
SLI = Select Legislative Instrument
effect
SR = Statutory Rules
(md not incorp) = misdescribed amendment
Sub‑Ch = Sub‑Chapter(s)
cannot be given effect
SubPt = Subpart(s)
mod = modified/modification
underlining = whole or part not
No. = Number(s)
commenced or to be commenced
Note: Endnote 3—Legislation history
Title
Date of notificationin Gazette orFRLI registration
Superannuation Legislation (CSS, PSS and PSSAP Membership) Amendment Declaration 2025
4 Mar 2025 (F2025L00283)
Sch 1 (items 16–19): 5 Mar 2025 (s 2(1) item 1)
—
Superannuation Legislation (CSS, PSS and PSSAP Membership) (ACT and NT Government Bodies) Amendment Declaration 2025
5 Mar 2025 (F2025L00293)
Sch 1 (items 13, 14): 6 Mar 2025 (s 2(1) item 1)
—
Note: Endnote 4—Amendment history
Provision affected
How affected
s 1.....................
rs No 277, 1999
s 2.....................
rep LA s 48D
ad F2022L00595
s 3.....................
am No 71, 1997; No 1, 2005; F2022L00595; F2025L00283
s 4.....................
am No 243, 1998; No 168, 1999; No 1, 2005
s 5.....................
rep LA s 48C
Schedule
Schedule heading...........
rs No 1, 2005
Schedule.................
am No 233, 1995; No 4, 1996; No 172, 1996; No 324, 1997; No 243, 1998; No 168, 1999; No 277, 1999; No 299, 1999; No 320, 1999; No 42, 2000; No 1, 2005; No 1, 2007; F2019L00200; F2021L01129; F2022L00595; F2025L00283; F2025L00293