This is a compilation of the Superannuation (PSSAP) Trust Deed that shows the text of the law as amended and in force on 7 March 2021 (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 Legislation 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 series page on the Legislation 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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
TABLE OF PROVISIONS
Clause Item
Interpretation
Establishment of the Public Sector Superannuation Accumulation Plan (PSSAP) and the PSSAP Fund
Delegations by the Minister for Finance and Administration
TRUST DEED
THIS DEED, to be known as the Superannuation (PSSAP) Trust Deed, is made on 29 June 2005 by the COMMONWEALTH OF AUSTRALIA.
WHEREAS section 10 of the Superannuation Act 2005 (in this Deed called the “Act”) provides that before 1 July 2005, the Minister must, for and on behalf of the Commonwealth, by deed:
(a) establish a superannuation scheme that:
(i) is to be known as the Public Sector Superannuation Accumulation Plan;
(ii) may also be known as PSSAP; and
(iii) is for the benefit of persons who will be members of PSSAP; and
(b) establish and vest in the Australian Reward Investment Alliance (formerly known at the PSS Board) established under section 20 of the Superannuation Act 1990 (the “Board”), a fund for the purposes of the PSSAP; and
(c) set out the functions and powers of CSC in relation to PSSAP and the PSSAP Fund;
AND WHEREAS section 12 of the Act provides that the Rules for the administration of PSSAP set out in the Schedule to the Deed referred to in section 10 of the Act (in this Deed called the Rules):
(a) may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under the Act;
(i) the non‑member spouse is entitled to benefits determined in accordance with the Rules; and
(ii) the benefits of the member spouse are reduced in accordance with the Rules; and
(b) may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a) concerning a splitting agreement or splitting order;
NOW THIS DEED WITNESSES AS FOLLOWS:
1
Interpretation
1.1 In this Deed, where the context requires or admits, a reference to the Deed shall include a reference to the Rules, as set out in the Schedule, and the Rules shall form part of the Deed. In the case of an inconsistency between the Deed and the Rules, the Deed shall prevail.
1.2 In this Deed, where the context requires or admits, words and expressions defined in the Act have the same meanings when used in the Deed. The headings in this Deed are for the convenience of reference only and shall not affect its interpretation.
1.4 In this Deed, “Minister” means:
(a) the Commonwealth Minister of State for Finance;
(b) if 2 or more Commonwealth Ministers administer Departments which have functions in relation to the administration of matters to which the Deed relates, the Minister who administers the Department which has the function in relation to each of those matters; or
(c) a member of the Executive Council acting for the time being for and on behalf of any of those Ministers; or
(d) a person, as defined in clause 9, to whom the Minister for Finance has delegated his powers.
1.5 In this Deed, “APS employee” has the same meaning as in the Public Service Act 1999.
1.7 In this Deed, “PSSAP member” means a person who is a member of PSSAP due to the operation of Part 3 of the Act.
Subclauses 1.3, 1.6 and 1.8 deleted in the 5th amending deed.
2
Establishment of the Public Sector Superannuation Accumulation Plan (PSSAP) and the PSSAP Fund
2.1 There is hereby established from 1 July 2005 a superannuation scheme (to be known as the “Public Sector Superannuation Accumulation Plan” or “PSSAP”) for the benefit of members of PSSAP and non‑member spouses entitled to benefits, to be administered in accordance with the Deed:
(a) in relation to the period from 1 July 2005 to immediately before the commencement of the Governance of Australian Government Superannuation Schemes Act 2011, by the Australian Reward Investment Alliance (which, in this Deed, is called “the Board”); and
(b) in relation to the period immediately following the commencement of the Governance of Australian Government Superannuation Schemes Act 2011, by the Commonwealth Superannuation Corporation (CSC) as defined in the Governance of Australian Government Superannuation Schemes Act 2011 (in this Deed called “CSC”).
2.2 There is hereby established from 1 July 2005, and vested in CSC (formerly referred to as “the Board”), a fund for the purposes of PSSAP (to be known as the PSSAP Fund”).
3
Functions and Powers of CSC in relation to PSSAP
3.1 The functions of CSC in relation to PSSAP and the PSSAP Fund are to administer PSSAP and to manage and invest the PSSAP Fund in accordance with the provisions of the Act and this Deed including, without limiting the generality of the foregoing, the following functions:
(a) to receive payments from designated employers as provided for in the Act and other superannuation entities in accordance with this Deed;
(b) to pay benefits to the persons entitled to receive benefits from PSSAP in accordance with the Act and this Deed;
(c) to provide information about benefits or potential benefits, and available options, to:
(i) PSSAP members;
(ii) non‑member spouses; and
(iii) potential PSSAP members;
(d) to provide advice to the Minister on proposed changes to the Act and the Deed; and
(e) to determine interest rates for the purposes of PSSAP.
3.2 CSC has power in Australia and elsewhere to do all things necessary or convenient to be done for, or in connection with, the performance of its functions and, in particular, may:
(a) give guarantees;
(b) underwrite or sub‑underwrite any form of investment including the underwriting or sub‑underwriting of the issue of shares, debentures or units in a unit trust;
(c) borrow moneys and give security over the whole or any part of the assets of the PSSAP Fund;
(d) appoint agents and attorneys;
(e) act as agent for other persons;
(f) engage consultants and investment managers;
(g) engage a panel of persons to assist it in determining whether a person is to be retired on the grounds of invalidity;
(h) establish a Reconsideration Advisory Committee or Committees to examine and report on decisions of CSC and its delegates under the Rules relating to entitlements to benefits of PSSAP members and non‑member spouses entitled to benefits;
(i) effect policies with insurers in CSC’s name to provide death and invalidity cover and income protection cover for members in accordance with the Rules;
(j) take action to control or manage, or to enhance or protect, the value of, any investment made out of the PSSAP Fund, or to enhance or protect, the return on any such investment;
(k) arrange for the purchase of income products, including retirement income products, by members, non‑members and beneficiaries as provided for in the Rules;
(l) establish a trust for the purpose of investing the PSSAP Fund and manage and administer the trust; and
(m) charge reasonable fees relating to the costs of the administration of the Act and this Deed, including arrangements connected with PSSAP members and non‑member spouses choosing particular investment strategies and arrangements connected with splitting of superannuation interests under the Family Law Act 1975.
3.3 In exercising its functions and powers, CSC shall comply with the requirements of the Superannuation Industry (Supervision) Act 1993 and Regulations made under that Act, and have regard to the interests of PSSAP members, their employers and non‑member spouses entitled to benefits.
3.4 CSC must cause proper records to be kept in respect of:
(a) contributions paid into the PSSAP Fund; and
(b) benefits paid under the Act and this Deed.
Notes:
Under section 52 of the Superannuation Industry (Supervision) Act 1993, this Deed is taken to contain the covenants set out in that section.
5
Operation of the PSSAP Fund
5.1 All contributions and other moneys paid to CSC for the purposes of PSSAP, or as directed by CSC, shall be held in trust by CSC in the PSSAP Fund. The PSSAP Fund shall be managed and invested by CSC in accordance with the Act and the Deed.
5.2 The PSSAP Fund shall comprise:
(a) contributions made by members;
(b) contributions made by employers pursuant to the Act and the Deed;
(c) any other moneys paid or transferred to CSC pursuant to the Act and the Deed or which become subject to the trusts of the Deed;
(d) the income arising or derived from investments held within the PSSAP Fund; and
(e) any accretions to or profits on realisation of investments held within the PSSAP Fund.
5.3 CSC must pay the following out of the PSSAP Fund:
(a) benefits in respect of PSSAP members;
(b) costs of the administration of the Act and this Deed;
(c) taxes relating to PSSAP and the PSSAP Fund.
Note:
The costs of the administration of the Act and this Deed include the costs of and incidental to both the management of the PSSAP Fund by CSC and the investment of money from the PSSAP Fund.
Subclauses 5.4 and 5.5 deleted in the 5th amending deed.
6
Investment of the PSSAP Fund
6.1 For the purposes of this clause:
(a) “invest” means expend moneys with a view to obtaining a present or future financial return (whether by way of income, profit or otherwise); and
(b) “profit” includes capital profit.
6.2 Moneys standing to the credit of the PSSAP Fund which are, in the opinion of CSC, moneys that are not for the time being required for the purpose of making payments out of the PSSAP Fund under the Act and the Deed shall, so far as is practicable, be invested by CSC in accordance with the Act and the Deed, but CSC shall so manage the PSSAP Fund that moneys that are from time to time required to pay benefits that are payable out of the PSSAP Fund are available for that purpose.
6.3 Moneys that, by virtue of subclause 6.2, are required to be invested by CSC may be invested in any manner and, without limiting the generality of the foregoing, may be invested by CSC jointly with another person or other persons.
6.4 CSC must determine an investment strategy and policy of the PSSAP Fund as soon as possible after 1 July 2005 and thereafter regularly review such a strategy and policy, and, where it considers it necessary or desirable, change its existing investment strategy or policy. In determining and reviewing its investment strategy and policy, CSC shall consult with such persons or bodies as it thinks fit.
6.5 CSC shall invest moneys standing to the credit of the PSSAP Fund that are available for investment only through an investment manager or managers who undertake to invest, and manage the investment of those funds on behalf of CSC.
6.6 CSC shall ensure that any investment manager engaged by CSC in relation to the PSSAP Fund:
(a) operates within the investment powers of CSC and the investment strategy and policy as determined for the time being by CSC; and
(b) reports to CSC on the state of CSC’s investments and the investment market at such times and in such manner as CSC determines.
7
Requests by Minister for Information
7.1 CSC shall furnish to the Minister such information relating to the general administration and operation of PSSAP and the PSSAP Fund as the Minister may from time to time require.
8
Delegation by CSC
8.1 Subject to subclause 8.2, CSC may by an instrument under its seal delegate to:
(a) a director of CSC; or
(c) a member of the staff of CSC; or
(d) an APS employee in the Department referred to in subclause 1.4; or
(e) an officer or employee of the person who is responsible for investing money forming part of a superannuation fund vested in or managed by CSC; or
(f) any other person who performs duties in connection with the operation of the Deed; or
(g) a committee consisting of 2 or more persons each of whom is a person referred to in any of the above paragraphs; or
(h) any other person;
all or any of its powers under the Deed other than its power to reconsider its own decisions or decisions made by its delegates.
8.2 CSC may by an instrument under its seal delegate to a Reconsideration Advisory Committee established under the Rules CSC’s power to reconsider its own decision or a decision made by its delegate in relation to PSSAP or the PSSAP Fund and to determine the matter by:
(a) affirming the decision under reconsideration; or
(b) varying the decision; or
(c) substituting another decision; or
(d) setting the decision aside;
and, at its discretion, refunding any fee paid.
8.3 If CSC delegates a power under subclause 8.1, other than paragraph (h), the delegate may, by writing, sub‑delegate the power:
(a) if the delegate is a director of CSC — to:
(i) another director of CSC; or
(ii) a person referred to in paragraph 8.1(c), (d), (e) or (f); or
(c) if the delegate is a person referred to in paragraph 8.1(c), (d), (e) or (f) — to:
(i) another person referred to in the same paragraph; or
(ii) a person referred to in another of those paragraphs.
8.4 Section 34AA and paragraphs 34AB(a), (b) and (d) of the Acts Interpretation Act 1901 apply in relation to a sub‑delegation in a corresponding way to the way in which they apply to a delegation.
8.5 Section 34A and paragraphs 34AB(c) and (d) of the Acts Interpretation Act 1901 apply in relation to a sub‑delegation as if it were a delegation.
9
Delegations by the Minister for Finance
9.1 The Minister may by signed instrument delegate all or any of his or her powers under the Deed, other than this power of delegation, to:
(a) CSC; or
(b) an APS employee in the Department referred to in subclause 1.4; or
(c) a director of CSC; or
(d) a member of the staff of CSC.
THE SCHEDULE
RULES FOR THE ADMINISTRATION OF THE PUBLIC SECTOR
SUPERANNUATION ACCUMULATION PLAN (PSSAP) (THE RULES)
TABLE OF PROVISIONS
Description
Page Number
Part 1 — Introduction
Division 1 — Understanding the Rules
Structure of the Rules
15
Division 2 — Words and phrases used in the Rules
Explanations of certain words and phrases
17
Part 2 — Membership and Contributions
Division 1 — Membership
Becoming a PSSAP member
27
Concurrent memberships ‑ ordinary employer‑sponsored member
27
Concurrent memberships ‑ current government scheme member
28
Concurrent memberships ‑ ordinary employer‑sponsored and government scheme member
28
Division 1A — MySuper product
MySuper product
29
MySuper product – general characteristics
29
MySuper product – fees
30
MySuper product – insurance
30
Division 2 — Contributions by employers
Basic contributions by designated employers
31
Superannuation salary
32
Additional employer contributions
33
Additional employer contributions ‑ salary sacrifice contributions for current government scheme members
33
Method of payment of employer contributions
34
Payments to be paid into the PSSAP Fund
34
Reporting of employer contributions
34
Division 3 — Contributions by ordinary employer‑sponsored members
When employee contributions can be made
36
Eligible spouse contributions
36
Income protection superannuation contribution amount
36
Method of payment of contributions
36
Payments to be paid into the PSSAP Fund
36
Division 3A — Contributions by current government scheme members
When current government scheme member contributions can be made
37
Eligible spouse contributions
37
Method of payment of employee contributions and eligible spouse contributions
37
Payments to be paid into the PSSAP Fund
37
Division 3B — Contributions for consolidation with pension accounts
When contributions can be made for consolidation purposes
38
Eligible spouse contributions
38
Method of payment of contributions and eligible spouse contributions
39
Payments to be paid into the PSSAP Fund
39
Division 4 — Transfer amounts
Amounts that may be transferred or rolled‑over into the PSSAP Fund
When contributions‑splitting superannuation benefits can be paid to CSC
42
Division 5 — Administration fees
Administration fees for PSSAP members
43
Part 3 — Benefits
Division 1 — Benefits
Applications for payment of benefits
44
Payment of benefits to a PSSAP member who has ceased to be an ordinary employer‑sponsored member
44
Payment of benefits to a PSSAP member on compassionate and financial hardship grounds
45
Payment of benefits to ordinary employer‑sponsored members
45
Payment of benefits to a legal personal representative where member not deceased
45
Payment of death benefits
45
Payment in accordance with a release authority
46
Preservation of benefits not paid
46
Applications for roll‑over or transfer of benefits
46
Preservation or transfer of benefits
47
Payment of benefits to the Commissioner of Taxation
47
Payment of contributions‑splitting superannuation benefits
47
Division 2 — Death benefits
Who is entitled to be paid death benefits
48
Division 3 — Permanent invalidity
Scope of Division
49
Application for approval of invalidity retirement
49
Invalidity retirement process
49
Division 4 — Income protection benefits
Income protection benefits
50
Assessment of applications for income protection benefits
50
Payment of income protection benefits
50
Division 5 — Retirement income products
CSC may arrange income products
51
Division 6 — Account‑based pensions provided by CSC
Payment of account‑based pensions
52
Pension account
53
Commutation of amounts held in pension account
53
Fees, costs and expenses relating to pension accounts
54
Pension account – member investment choice on death
55
References in other rules
55
Nomination of reversionary beneficiary
55
Death of a person with a pension account
55
Part 4 — Insurance
Division 1 — Death and invalidity cover
CSC may arrange and offer insurance for death and invalidity
56
Provision of death and invalidity cover
56
Claims by CSC
56
Death and invalidity cover premiums
57
Cessation of death and invalidity cover
57
Division 3 — Income protection cover
CSC may arrange and offer insurance for income protection cover
58
Cessation of income protection cover
58
Income protection cover premiums
58
Part 5 — Other Matters
Division 1 — Personal accumulation account
CSC must keep personal accumulation accounts
59
Accumulation amount
59
Division 2 — Crediting of fund earnings and debiting of fund losses
Crediting of earnings and debiting of expenses and losses
61
Division 3 — Superannuation surcharge
Application of the Superannuation Contributions Tax
62
Division 4 — Member investment choice
Member Investment Choice
63
Division 5 — Incorrectly paid amounts
CSC must redirect incorrectly paid amounts and correct the PSSAP Fund
64
CSC must redirect incorrectly paid amounts and correct personal accumulation accounts, pension accounts and non‑member spouse accounts
64
CSC must return contributions that should not have been accepted
64
Part 6 — Review of Decisions
Division 1 — Reconsideration Advisory Committees
Establishing Reconsideration Advisory Committees
66
CSC responsibilities to Reconsideration Advisory Committees
66
Recommendation by Reconsideration Advisory Committees
66
Division 2 — Reconsidering delegate’s decisions
Request for reconsideration
67
Reconsideration of decision of delegate
67
Decision to be notified to affected person
67
Division 3 — Reconsidering CSC Decisions
Request for reconsideration
68
Clear decision in favour of person
68
Reconsideration of decision of CSC
68
Decision to be notified to affected person
69
Division 4 — CSC initiated reconsiderations
CSC may initiate a reconsideration of a decision
70
Part 7 — Family Law Superannuation Splitting
Division 1 — CSC powers and duties: superannuation interests subject to payment split
Powers and duties of CSC: adoption of SIS Regulations
71
Division 2 — CSC to establish a non‑member spouseinterest account where a non‑member spouseinterest is created
CSC to establish a non‑member spouse interest account
72
Administration fees debited from non‑member spouse interest account
72
Payments made under a release authority
72
CSC to consolidate non‑member spouse interest account and personal accumulation account
72
Division 3 — Rights and restrictions applying to anon‑member spouse interest
CSC may determine terms and conditions for non member spouse interest
73
Right of non‑member spouse to benefits
73
Right of person claiming death benefits
73
CSC may offer non‑member spouse choice of investment strategy
73
Employee contributions not able to be credited to non‑member spouse interest account
73
PART 1 — INTRODUCTION
Division 1
Understanding the Rules
Structure of the Rules
1.1.1 These Rules are divided into 7 Parts, each dealing with a major aspect of the operation of PSSAP. The Parts and a general guide to each Part are set out below.
<table cellspacing="0" cellpadding="0" style="width:484.45pt; margin-top:0pt; margin-bottom:0pt; border:0.75pt solid #000000; border-collapse:collapse"><tbody><tr><td colspan="3" style="width:479.4pt; padding-right:1.78pt; padding-left:1.78pt; vertical-align:top"><p style="text-align:center; widows:0; orphans:0"><span style="font-weight:bold">Guide to the 7 Parts of the Rules</span></p></td></tr><tr><td style="width:30.5pt; padding-right:2.15pt; padding-left:1.78pt; vertical-align:top"><p style="text-align:center; widows:0; orphans:0; font-size:11pt"><span>Part</span></p></td><td style="width:103.5pt; padding-right:2.15pt; padding-left:2.15pt; vertical-align:top"><p style="margin-left:13.2pt; text-indent:0.8pt; widows:0; orphans:0; font-size:11pt"><span>Title</span></p></td><td style="width:336.8pt; padding-right:1.78pt; padding-left:2.15pt; vertical-align:top"><p style="text-align:center; widows:0; orphans:0; font-size:11pt"><span>Deals With</span></p></td></tr><tr><td style="width:30.5pt; padding-right:2.15pt; padding-left:1.78pt; vertical-align:top; background-color:#bfbfbf"><p style="text-align:center; widows:0; orphans:0; font-size:11pt"><span>1</span></p></td><td style="width:103.5pt; padding-right:2.15pt; padding-left:2.15pt; vertical-align:top; background-color:#bfbfbf"><p style="widows:0; orphans:0; font-size:11pt"><span>Introduction</span></p></td><td style="width:336.8pt; padding-right:1.78pt; padding-left:2.15pt; vertical-align:top; background-color:#bfbfbf"><p style="widows:0; orphans:0; font-size:11pt"><span>The structure of the Rules and defines special terms and phrases, and some concepts, used in the Rules.</span></p></td></tr><tr><td style="width:30.5pt; padding-right:2.15pt; padding-left:1.78pt; vertical-align:top"><p style="text-align:center; widows:0; orphans:0; font-size:11pt"><span>2</span></p></td><td style="width:103.5pt; padding-right:2.15pt; padding-left:2.15pt; vertical-align:top"><p style="widows:0; orphans:0; font-size:11pt"><span>Membership and contributions</span></p></td><td style="width:336.8pt; padding-right:1.78pt; padding-left:2.15pt; vertical-align:top"><p style="widows:0; orphans:0; font-size:11pt"><span>How you become a member of PSSAP.</span><span> </span><span>Also covers the payment to </span><span style="font-weight:bold">CSC </span><span>of contributions and transfer amounts in respect of an ordinary employer</span><span>‑</span><span>sponsored member of PSSAP by designated employers and by or on behalf of employees and the transfer of amounts to the plan from other superannuation entities.</span></p></td></tr><tr><td style="width:30.5pt; padding-right:2.15pt; padding-left:1.78pt; vertical-align:top; background-color:#bfbfbf"><p style="text-align:center; widows:0; orphans:0; font-size:11pt"><span>3</span></p></td><td style="width:103.5pt; padding-right:2.15pt; padding-left:2.15pt; vertical-align:top; background-color:#bfbfbf"><p class="TableText" style="widows:0; orphans:0"><span>Benefits and payments</span></p></td><td style="width:336.8pt; padding-right:1.78pt; padding-left:2.15pt; vertical-align:top; background-color:#bfbfbf"><p style="widows:0; orphans:0; font-size:11pt"><span>Payment of benefits, roll</span><span>‑</span><span>over of amounts from PSSAP, invalidity benefits, income protection benefits, transition to retirement products and retirement income products.</span></p></td></tr><tr><td style="width:30.5pt; padding-right:2.15pt; padding-left:1.78pt; vertical-align:top"><p style="text-align:center; widows:0; orphans:0; font-size:11pt"><span>4</span></p></td><td style="width:103.5pt; padding-right:2.15pt; padding-left:2.15pt; vertical-align:top"><p style="widows:0; orphans:0; font-size:11pt"><span>Insurance</span></p></td><td style="width:336.8pt; padding-right:1.78pt; padding-left:2.15pt; vertical-align:top"><p style="widows:0; orphans:0; font-size:11pt"><span>Provision of </span><span>death and invalidity cover and</span><span> income protection cover.</span></p></td></tr><tr><td style="width:30.5pt; padding-right:2.15pt; padding-left:1.78pt; vertical-align:top; background-color:#c0c0c0"><p style="text-align:center; widows:0; orphans:0; font-size:11pt"><span>5</span></p></td><td style="width:103.5pt; padding-right:2.15pt; padding-left:2.15pt; vertical-align:top; background-color:#c0c0c0"><p style="widows:0; orphans:0; font-size:11pt"><span>Other </span><span>matters</span></p></td><td style="width:336.8pt; padding-right:1.78pt; padding-left:2.15pt; vertical-align:top; background-color:#c0c0c0"><p style="widows:0; orphans:0; font-size:11pt"><span>Personal </span><span>accumulation</span><span> accounts, investment earnings and losses, superannuation surcharge and member investment choice.</span></p></td></tr><tr><td style="width:30.5pt; padding-right:2.15pt; padding-left:1.78pt; vertical-align:top; background-color:#ffffff"><p style="text-align:center; widows:0; orphans:0; font-size:11pt"><span>6</span></p></td><td style="width:103.5pt; padding-right:2.15pt; padding-left:2.15pt; vertical-align:top; background-color:#ffffff"><p class="TableText" style="widows:0; orphans:0"><span>Review of decisions</span></p></td><td style="width:336.8pt; padding-right:1.78pt; padding-left:2.15pt; vertical-align:top; background-color:#ffffff"><p style="widows:0; orphans:0; font-size:11pt"><span>The internal review mechanisms available to have a decision of </span><span style="font-weight:bold">CSC </span><span>or its delegate reconsidered in relation to PSSAP.</span></p></td></tr><tr><td style="width:30.5pt; padding-right:2.15pt; padding-left:1.78pt; vertical-align:top; background-color:#c0c0c0"><p style="text-align:center; widows:0; orphans:0; font-size:11pt"><span>7</span></p></td><td style="width:103.5pt; padding-right:2.15pt; padding-left:2.15pt; vertical-align:top; background-color:#c0c0c0"><p class="TableText" style="widows:0; orphans:0"><span>Family Law Superannuation Splitting</span></p></td><td style="width:336.8pt; padding-right:1.78pt; padding-left:2.15pt; vertical-align:top; background-color:#c0c0c0"><p style="widows:0; orphans:0; font-size:11pt"><span>Splitting of superannuation between a member spouse and a non</span><span>‑</span><span>member spouse following a splitting agreement or splitting order under the </span><span style="font-style:italic">Family Law Act 1975</span><span>.</span></p></td></tr></tbody></table>
1.1.2 Each Part is further divided into Divisions addressing unique groupings within the Part and each Division is made up of Rules containing specific provisions. Rules do not necessarily have their own Rule headings.
1.1.3 The Rules have been numbered so that the first number refers to the Part, the second number refers to the Division number within that Part and the third to the Rule number within that Division. For example, Rule 2.3.1 is the first Rule in Division 3 of Part 2 of the Rules.
1.1.4 There are several notes within the Rules to help readers understand the more complicated superannuation concepts or to inform them of the need to refer to another area of the Rules. However, these aids (including Part, Division and Rule headings) do not form part of the Rules.
test1
Division 2
Words and phrases used in the Rules
Explanations of certain words and phrases
1.2.1 Because some words and phrases have a special meaning when used in the Rules they have been explained below or in the Trust Deed. They appear throughout the Rules in bold print to remind the reader that they have a special meaning.
<table cellspacing="0" cellpadding="0" style="width:489.25pt; margin-top:0pt; margin-bottom:0pt; border-collapse:collapse"><tbody><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">account</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">based pension</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Regulations.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">accumulation amount</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>in relation to a </span><span style="font-weight:bold">PSSAP member</span><span> means the amount specified in Rule</span><span> </span><span>5.1.4.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">additional employer contributions</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means, in respect </span><span>of an </span><span style="font-weight:bold">ordinary employer</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">sponsored member </span><span>under subsection 18(2), 18(3) or 18(5) of the </span><span style="font-weight:bold">Act</span><span>, contributions made by the </span><span style="font-weight:bold">designated employer</span><span> of that member under Rule 2.2.4, and, in respect of a </span><span style="font-weight:bold">current</span><span style="font-weight:bold"> government scheme member</span><span>, </span><span>salary sacrifice contributions</span><span> made by the </span><span style="font-weight:bold">designated employer</span><span> of that member under Rule</span><span> </span><span>2.2.4A.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">APS Agency</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means an Agency within the meaning of the </span><span style="font-style:italic">Public Service Act 1999</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">assessment</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-style:italic">Superannuation Contributions Tax (Assessment and Collection) Act 1997</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">Australian government superannuation scheme member</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">AWA</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means an “AWA” within the meaning of </span><span>clause 1 of </span><span>Schedule 7A to the </span><span style="font-style:italic">Workplace Relations Act 1996</span><span>, as continued in existence as a transitional instrument under </span><span>the </span><span style="font-style:italic">Fair Work (Transitional Provisions a</span><span style="font-style:italic">nd Consequential Amendments) Act</span><span style="font-style:italic"> 2009.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">basic employer contributions</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means, in respect of an </span><span style="font-weight:bold">ordinary employer</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">sponsored member</span><span>:</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; margin-bottom:3pt; text-indent:-33.75pt"><span>(a)</span><span style="width:20.43pt; text-indent:0pt; display:inline-block"> </span><span>contributions paid by the</span><span style="font-weight:bold"> designated employer </span><span>of that member under Rule</span><span> </span><span>2.2.1; or</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; margin-bottom:3pt; text-indent:-33.75pt"><span>(b)</span><span style="width:19.76pt; text-indent:0pt; display:inline-block"> </span><span>contributions paid by the</span><span> </span><span style="font-weight:bold">designated employer</span><span> </span><span>of that member as mentioned in Rule</span><span> </span><span>2.2.1A.</span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid"><span style="font-weight:bold">benefit application</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid"><span>means a written application to </span><span style="font-weight:bold">CSC</span><span> requesting </span><span style="font-weight:bold">CSC</span><span> to pay a benefit under these Rules.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">binding member nomination</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means a notice in such form and manner as </span><span style="font-weight:bold">CSC</span><span> specifies from time to time that meets the requirements of the </span><span style="font-weight:bold">SIS Act</span><span>,</span><span style="font-weight:bold"> </span><span>given by a </span><span style="font-weight:bold">PSSAP member</span><span> to </span><span style="font-weight:bold">CSC</span><span> requiring </span><span style="font-weight:bold">CSC</span><span> to pay some or all of a </span><span style="font-weight:bold">PSSAP member</span><span>’s</span><span> benefit on or after their death to the person or persons mentioned in the notice.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">cashed</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">commutation authority</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>means a commutation authority issued by </span><span>the Commissioner of Taxation for the commutation of a </span><span>superannuation income stream</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-after:avoid"><span style="font-weight:bold">compensation leave</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means any period during which a person is absent full</span><span>‑</span><span>time from his/her employment due to an incapacity for work resulting from an injury in respect of which compensation is payable under section 19 or 22 of the </span><span style="font-style:italic">Safety, Rehabilitation and Compensation Act 1988</span><span> or any period in respect of which persons not covered by that Act are receiving similar compensation payments.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-after:avoid"><span style="font-weight:bold">contributions</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">splitting superannuation benefit</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means a payment made in accordance with subregulation 6.45(2) of the </span><span style="font-weight:bold">SIS Regulations</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-after:avoid"><span style="font-weight:bold">CSC</span><span></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>(short for Commonwealth Superannuation Corporation) </span><span>has the same meaning as in the </span><span style="font-style:italic">Governance of Australian Government Superannuation Schemes Act 2011</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">CSS</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means the superannuation scheme established by the </span><span style="font-style:italic">Superannuation Act 1976</span><span>, known as the Commonwealth Superannuation Scheme.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">current government scheme member</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means a person who has a PSSAP membership because they were, and continue to be, an </span><span style="font-weight:bold">Australian government superannuation scheme member</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">death and invalidity cover</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means insurance coverage provided or offered to </span><span style="font-weight:bold">PSSAP </span><span style="font-weight:bold">members</span><span> under Division 1 of Part 4 of the Rules.</span></p></td></tr><tr style="height:153pt"><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><div style="margin-top:9pt; margin-right:4.9pt; margin-bottom:9pt; border:0.75pt solid #000000; padding:4pt; background-color:#cccccc"><p class="Rule" style="margin-left:37.15pt; text-indent:-37.15pt; page-break-inside:avoid; page-break-after:avoid; font-size:11pt"><span style="font-weight:bold">Note</span><span>:</span><span> </span><span></span><span></span><span>Where a </span><span style="font-weight:bold">current government scheme member</span><span>, who is employed by two or more </span><span style="font-weight:bold">designated employers</span><span>, ceases to be the employee of one or more, but not all, of those </span><span style="font-weight:bold">designated employers</span><span>, the person does not cease to be a </span><span style="font-weight:bold">current government scheme member</span><span>. Also, where a person is a</span><span style="font-weight:bold"> current government scheme member</span><span> with one </span><span style="font-weight:bold">designated employer</span><span> and, upon ceasing to be the employee of that </span><span style="font-weight:bold">designated employer</span><span>, immediately becomes the employee of another </span><span style="font-weight:bold">designated employer</span><span>, the person does not cease to be a </span><span style="font-weight:bold">current government scheme member</span><span>. See Rule 2.1.5.</span></p></div></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">decision</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>for the purposes of reconsidering decisions of </span><span style="font-weight:bold">CSC</span><span> under Part</span><span> </span><span>6 of the Rules, includes:</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; margin-bottom:3pt; text-indent:-33.75pt"><span>(a)</span><span style="width:20.43pt; text-indent:0pt; display:inline-block"> </span><span>making, suspending, revoking or refusing to make an order or determination;</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; margin-bottom:3pt; text-indent:-33.75pt"><span>(b)</span><span style="width:19.76pt; text-indent:0pt; display:inline-block"> </span><span>giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission;</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; margin-bottom:3pt; text-indent:-33.75pt"><span>(c)</span><span style="width:20.43pt; text-indent:0pt; display:inline-block"> </span><span>issuing, suspending, revoking or refusing to issue an authority or other instrument;</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; margin-bottom:3pt; text-indent:-33.75pt"><span>(d)</span><span style="width:19.76pt; text-indent:0pt; display:inline-block"> </span><span>imposing a condition or restriction;</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; margin-bottom:3pt; text-indent:-33.75pt"><span>(e)</span><span style="width:20.43pt; text-indent:0pt; display:inline-block"> </span><span>making a declaration, demand or requirement;</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; margin-bottom:3pt; text-indent:-33.75pt"><span>(f)</span><span style="width:21.76pt; text-indent:0pt; display:inline-block"> </span><span>retaining, or refusing to deliver up, an article; and</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; margin-bottom:3pt; text-indent:-33.75pt"><span>(g)</span><span style="width:19.76pt; text-indent:0pt; display:inline-block"> </span><span>doing or refusing to do any other act or thing;</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:18.15pt; margin-bottom:3pt; text-indent:-16.45pt"><span>under the Rules.</span></p><p class="Rule" style="margin-left:58.35pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">dependant</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">designated employer</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>in relation to an </span><span style="font-weight:bold">ordinary employer</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">sponsored member</span><span>, or a </span><span style="font-weight:bold">current government scheme member</span><span>, is the designated employer of that member determined in accorda</span><span>nce with section 19 of the </span><span style="font-weight:bold">Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">directed termination payment</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-style:italic">Income Tax (Transitional Provisions) Act</span><span style="font-style:italic"> </span><span style="font-style:italic">1997</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">director</span></p><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-style:italic">Governance of Australian Government Superannuation Schemes Act 2011</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">eligible CSS/PSS member or former member</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">Act</span><span style="font-weight:bold">.</span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">eligible PSSAP member</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">Act</span><span>.</span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">eligible roll</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">over fund</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the </span><span>same</span><span> meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">eligible spouse contributions</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>has the same meaning as in the</span><span style="font-style:italic"> </span><span style="font-weight:bold">SIS Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">employee contributions</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means contributions</span><span> paid by a </span><span style="font-weight:bold">PSSAP member</span><span> under Rules 2.3.1, 2.3A.1 or 2.3B.1.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">employer contribution shortfall</span></p><p class="Rule" style="margin-left:7.1pt; text-indent:-5.4pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>means the amount, if any, reported under Rule 2.2.10.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">enterprise agreement</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>m</span><span>eans a </span><span>“enterprise agreement” within the meaning of section 12</span><span> of the </span><span style="font-style:italic">Fair Work Act 2009</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">former</span><span> </span><span style="font-weight:bold">Australian government superannuation scheme member</span></p><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>has the same meaning as in the </span><span style="font-weight:bold">Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">former</span><span> </span><span style="font-weight:bold">government scheme member</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>means a person who has a PSSAP membership because they were, and continue to be, a </span><span style="font-weight:bold">former Australian government superannuation scheme member</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">general insurance company</span></p><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>has the same meaning as in the </span><span style="font-style:italic">Income Tax Assessment Act 1997</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">government scheme member</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>means a person who has a PSSAP membership because they are or were an </span><span style="font-weight:bold">Australian government superannuation scheme member</span><span> or </span><span style="font-weight:bold">former Australian government superannuation scheme member</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">income protection benefits</span></p><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means benefits payable under Division 4 of Part 3.</span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">income protection cover</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>means insurance cover provided in respect of </span><span style="font-weight:bold">PSSAP members</span><span> under Division 3 of Part 4 of the Rules.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">income protection superannuation contribution amount</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>means a payment paid by an </span><span style="font-weight:bold">insurance company</span><span> under an income protection insurance policy which intends to represent a superannuation contribution during a period of sickness or incapacity of the policy holder.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">insurance company</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means either a </span><span style="font-weight:bold">life insurance company</span><span> or </span><span style="font-weight:bold">general insurance company</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.7pt; text-indent:0pt"><span style="font-weight:bold">insurance premium</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means any amounts payable in respect of a </span><span style="font-weight:bold">PSSAP member</span><span> for insurance coverage under Part 4 of the Rules.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">invalidity retirement</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means the termination of the employment </span><span>relating to the </span><span>person being </span><span style="background-color:#ffffff">an </span><span style="font-family:'&quot', serif; font-weight:bold">ordinary employer</span><span style="font-family:'&quot', serif; font-weight:bold">‑</span><span style="font-family:'&quot', serif; font-weight:bold">sponsored member</span><span style="background-color:#ffffff"> </span><span style="background-color:#ffffff">under subsection</span><span style="background-color:#ffffff"> </span><span style="background-color:#ffffff">18(2), 18(3) or 18(5) of the </span><span style="font-weight:bold; background-color:#ffffff">Act</span><span style="background-color:#ffffff"> </span><span>on the ground that they are unable to perform their duties because of any mental or physical condition.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">legal personal representative</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the</span><span style="font-weight:bold"> SIS Act</span><span>.</span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">life insurance company</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-style:italic">Income Tax Assessment Act 1997</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">maternity or parental leave</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>in relation to an </span><span style="font-weight:bold">ordinary employer</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">sponsored member </span><span>means leave of absence taken:</span></p><p class="Rulebullet" style="margin-left:3.05pt; text-indent:0pt"><span>(a)</span><span style="width:19.63pt; display:inline-block"> </span><span>in relation to the birth of a child of the person; or</span></p><p class="Rulebullet" style="margin-left:36pt; text-indent:-32.95pt"><span>(b)</span><span style="width:18.96pt; text-indent:0pt; display:inline-block"> </span><span>because the person’s pregnancy ended for reasons other than birth; or</span></p><p class="Rulebullet" style="margin-left:3.05pt; text-indent:0pt"><span>(c)</span><span style="width:19.63pt; display:inline-block"> </span><span>in relation to the adoption of a child by the person.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">member</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">financed benefits</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">member spouse</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>in relation to a superannuation interest in the </span><span style="font-weight:bold">PSSAP Fund</span><span>, means the spouse who has the superannuation interest.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">MySuper product</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span style="font-weight:bold">.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">non</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">commutable allocated annuity</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">non</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">commutable allocated pension</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">non</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">commutable annuity</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">non</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">commutable income</span><span style="font-weight:bold"> stream</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>has the same meaning as in the</span><span style="font-weight:bold"> SIS Act</span><span>.</span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">non</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">commutable pension</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">non</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">member spouse</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>in relation to a superannuation interest in the </span><span style="font-weight:bold">PSSAP Fund</span><span>, means the spouse who is not the member spouse in relation to that interest.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">non</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">member spouse interest</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means an interest created in the </span><span style="font-weight:bold">PSSAP Fund</span><span> for the</span><br><span style="font-weight:bold">non</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">member spouse</span><span> under Part 7 of the Rules.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">non</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">member spouse interest account</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means an account created by </span><span style="font-weight:bold">CSC</span><span> in respect of a</span><br><span style="font-weight:bold">non</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">member spouse interest</span><span> under Rule 7.2.1.</span></p></td></tr><tr style="height:166.65pt"><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">ordinary employer</span><span style="font-weight:bold">‑</span><span style="font-weight:bold"> sponsored member</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>means a person who is an </span><span style="font-weight:bold">ordinary employer</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">sponsored member</span><span> of </span><span style="font-weight:bold">PSSAP</span><span> in accordance with Part 4 of the </span><span style="font-weight:bold">Act</span><span>.</span></p><div style="margin-top:9pt; margin-right:4.9pt; margin-bottom:3pt; border:0.75pt solid #000000; padding:4pt; background-color:#cccccc"><p class="Rule" style="margin-left:34pt; text-indent:-34pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">Note</span><span style="font-weight:bold">s</span><span style="font-weight:bold">:</span><span></span></p></div><ol style="margin:0pt; padding-left:0pt"><li class="Rule" style="margin:9pt 4.9pt 3pt 17.1pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid; line-height:13pt; border:0.75pt solid #000000; padding:4pt 4pt 4pt 3.85pt; background-color:#cccccc"><span>Where an </span><span style="font-weight:bold">ordinary employer</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">sponsored member</span><span>, who is employed by two or more </span><span style="font-weight:bold">designated employers</span><span>, ceases to be the employee of one or more, but not all, of those </span><span style="font-weight:bold">designated employers</span><span>, the person does not cease to be an </span><span style="font-weight:bold">ordinary employer</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">sponsored member</span><span>. </span><span>Also, where a person is an </span><span style="font-weight:bold">ordinary employer</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">sponsored member</span><span> with one designated employer and, upon ceasing to be the employee of that </span><span style="font-weight:bold">designated employer</span><span>, immediately becomes the employee of another </span><span style="font-weight:bold">designated employer</span><span>, the person does not c</span><span>ease to be an </span><span style="font-weight:bold">ordinary employer</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">sponsored member</span><span>.</span><span> See Rule 2.1.2.</span></li><li class="Rule" style="margin:9pt 4.9pt 3pt 17.1pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid; line-height:13pt; border:0.75pt solid #000000; padding:4pt; background-color:#cccccc"><span>A person that is </span><span>an </span><span style="font-weight:bold">ordinary employer-sponsored member</span><span> under subsections 18(7) </span><span>(</span><span style="font-weight:bold">eligible PSSAP member</span><span>) </span><span>or 18(8A) </span><span>(</span><span style="font-weight:bold">eligible CSS/PSS member or former member</span><span>) </span><span>of the </span><span style="font-weight:bold">Act</span><span> can </span><span>potentially </span><span>have no </span><span style="font-weight:bold">designated </span><span style="font-weight:bold">employer</span><span>.</span><span></span></li></ol><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">ordinary time earnings</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same </span><span>meaning</span><span> as in the </span><span style="font-style:italic">Superannuation Guarantee (Administration) Act 1992</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr style="height:13.9pt"><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">other approved employment</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="NumberList" style="margin-top:0pt; margin-left:21.55pt; text-indent:-21.55pt"><span>means:</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; text-indent:-32.9pt"><span>(a)</span><span style="width:19.58pt; text-indent:0pt; display:inline-block"> </span><span>employment with an organisation or association registered or recognised under the </span><span style="font-style:italic">Fair Work (Registered Organisations) Act 2009</span><span>, the membership of which includes people who are members of the </span><span style="font-weight:bold">CSS</span><span> or the </span><span style="font-weight:bold">PSS</span><span> or the </span><span style="font-weight:bold">PSSAP</span><span> or a body consisting of such organisations;</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; margin-bottom:3pt; text-indent:-32.9pt"><span>(b)</span><span style="width:18.91pt; text-indent:0pt; display:inline-block"> </span><span>if the person is employed in an </span><span style="font-weight:bold">APS Agency</span><span> </span><span>— employment that is approved by the Agency Head (within the meaning of the </span><span style="font-style:italic">Public Service Act 1999</span><span>) of the Agency on the basis that the engagement of the person in the other employment is in the interests of the Australian Public Service; or</span></p><p class="Rulebullet" style="margin-left:36pt; text-indent:-32.95pt"><span>(c)</span><span style="width:19.63pt; text-indent:0pt; display:inline-block"> </span><span>if the person is not employed in an </span><span style="font-weight:bold">APS Agency</span><span> — employment that is approved by the person’s </span><span style="font-weight:bold">designated employer</span><span> on the basis that the engagement of the person in the other employment is in the interests of the </span><span style="font-weight:bold">designated employer</span><span>;</span></p><p class="NumberList" style="margin-left:2.35pt; margin-bottom:0pt; text-indent:0.3pt"><span>provided the temporary employer agrees to reimburse the </span><span style="font-weight:bold">designated employer </span><span>for the cost of making </span><span style="font-weight:bold">basic employer contributions</span><span>.</span></p><p class="NumberList" style="margin-top:0pt; margin-left:21.55pt; margin-bottom:0pt; text-indent:-21.55pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">pay advice document</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means a pay</span><span>‑</span><span>slip or other document advising an employee about the amount of salary or wages paid for a period of time and includes a document in electronic form.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">pay day</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="NumberList" style="margin-top:0pt; margin-left:1.65pt"><span style="background-color:#ffffff">means the day on which a regular salary payment is made by a </span><span style="font-family:'&quot', serif; font-weight:bold">designated employer</span><span style="background-color:#ffffff"> to a person who is an </span><span style="font-family:'&quot', serif; font-weight:bold">ordinary employer</span><span style="font-family:'&quot', serif; font-weight:bold">‑</span><span style="font-family:'&quot', serif; font-weight:bold">sponsored member</span><span style="background-color:#ffffff"> </span><span style="background-color:#ffffff">under subsection</span><span style="background-color:#ffffff"> </span><span style="background-color:#ffffff">18(2), 18(3) or 18(5) of the </span><span style="font-weight:bold; background-color:#ffffff">Act</span><span style="background-color:#ffffff"> and, in the case of a person who is an </span><span style="font-family:'&quot', serif; font-weight:bold">ordinary employer-sponsored member</span><span style="background-color:#ffffff"> under subsection 18(2), 18(3) or 18(5) who:</span></p><p class="Rulebullet" style="margin-left:36pt; text-indent:-32.95pt"><span>(a)</span><span style="width:19.63pt; text-indent:0pt; display:inline-block"> </span><span>is referred to in Rule 2.2.2(b); and</span></p><p class="Rulebullet" style="margin-left:36pt; text-indent:-32.95pt"><span>(b)</span><span style="width:18.96pt; text-indent:0pt; display:inline-block"> </span><span>does not receive a salary payment from a </span><span style="font-weight:bold">designated employer</span><span> </span><span>due to a period of:</span></p><p class="P1" style="margin-top:0pt; margin-left:68.85pt; margin-bottom:6pt; text-indent:-68.85pt"><span style="width:34.55pt; text-indent:0pt; display:inline-block"></span><span>(i)</span><span style="width:22.97pt; text-indent:0pt; display:inline-block"> </span><span>unpaid leave of 12 weeks or le</span><span>ss; or</span></p><p class="P1" style="margin-top:6pt; margin-left:68.85pt; margin-bottom:6pt; text-indent:-68.85pt"><span style="width:34.55pt; text-indent:0pt; display:inline-block"></span><span>(ii)</span><span style="width:19.64pt; text-indent:0pt; display:inline-block"> </span><span style="font-weight:bold">maternity or parental leave</span><span>; or</span></p><p class="P1" style="margin-top:6pt; margin-left:68.85pt; margin-bottom:6pt; text-indent:-68.85pt"><span style="width:34.55pt; text-indent:0pt; display:inline-block"></span><span>(iii)</span><span style="width:16.31pt; text-indent:0pt; display:inline-block"> </span><span>sick leave without pay; or</span></p><p class="P1" style="margin-top:6pt; margin-left:68.85pt; margin-bottom:6pt; text-indent:-68.85pt"><span style="width:34.55pt; text-indent:0pt; display:inline-block"></span><span>(iv)</span><span style="width:16.97pt; text-indent:0pt; display:inline-block"> </span><span>a period of </span><span style="font-weight:bold">compensation leave</span><span>; or</span></p><p class="P1" style="margin-top:6pt; margin-left:68.85pt; text-indent:-68.85pt"><span style="width:34.55pt; text-indent:0pt; display:inline-block"></span><span>(v)</span><span style="width:20.31pt; text-indent:0pt; display:inline-block"> </span><span>a period of leave of absence for the purposes of engaging in </span><span style="font-weight:bold">other approved employment</span><span>,</span></p><p class="NumberList" style="margin-left:5.85pt; margin-bottom:0pt; text-indent:0.3pt"><span>also means the day that the </span><span style="font-weight:bold">ordinary employer</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">sponsored</span><span> </span><span style="font-weight:bold">member</span><span> would otherwise have received a salary payment from the </span><span style="font-weight:bold">designated employer</span><span>.</span></p><table cellspacing="0" cellpadding="0" style="width:100%; margin-top:0pt; margin-bottom:0pt; border:0.75pt solid #000000; border-collapse:collapse"><tbody><tr><td style="width:8.9%; padding-right:5.4pt; padding-left:5.03pt; vertical-align:top; background-color:#d9d9d9"><p style="margin-bottom:12pt"><span style="font-weight:bold">Note:</span></p></td><td style="width:91.1%; padding-right:5.03pt; padding-left:5.4pt; vertical-align:top; background-color:#d9d9d9"><p style="margin-bottom:12pt"><span>The definition of </span><span style="font-weight:bold">pay day</span><span> is only relevant to a person </span><span>in relation to the</span><span>ir</span><span> employment or office which gives rise to the</span><span> person being an </span><span style="font-weight:bold">ordinary employer-sponsored member</span><span> under</span><span> s</span><span>ubsection 18(2), (3) or (5) (that is,</span><span> the Commonwealth employ</span><span>ment</span><span>).</span><span></span></p><p style="margin-bottom:12pt"><span>A person can be an </span><span style="font-weight:bold">ordinary employer-sponsored member</span><span> under subsections 18(2), 18(3) or 18(5) of the </span><span style="font-weight:bold">Act</span><span> in addition to being an </span><span style="font-weight:bold">ordinary employer-sponsored</span><span> member under subsection 18(7) (an </span><span style="font-weight:bold">eligible PSSAP member</span><span>)</span><span style="font-weight:bold"> </span><span>or 18(8A) (an</span><span style="font-weight:bold"> eligible CSS/PSS member or former member</span><span>)</span><span> of the </span><span style="font-weight:bold">Act</span><span> </span><span>in respect of concurrent non-Commonwealth employment.</span></p></td></tr></tbody></table><p class="NumberList" style="margin-top:0pt; margin-left:21.55pt; margin-bottom:0pt"></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">pension account</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="NumberList" style="margin-top:0pt; margin-left:1.65pt; margin-bottom:0pt"><span>means an account established by </span><span style="font-weight:bold">CSC</span><span> under Rule</span><span> </span><span>3.6.4.</span></p><p class="NumberList" style="margin-top:0pt; margin-left:1.65pt; margin-bottom:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">permanent incapacity</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">personal accumulation account</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>means the account kept by </span><span style="font-weight:bold">CSC </span><span>for each</span><span style="font-weight:bold"> PSSAP member</span><span> under Division 1 of Part</span><span> </span><span>5 of the Rules.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">pre</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">reform </span><span style="font-weight:bold">AWA</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means a “pre</span><span>‑</span><span>reform AWA” w</span><span>ithin the meaning of clause 1 of Schedule 7</span><span> to the </span><span style="font-style:italic">Workplace Relations Act 1996</span><span>, as continued </span><span>in existence as a transitional instrument </span><span>under the </span><span style="font-style:italic">Fair Work (T</span><span style="font-style:italic">ransitional Provisions an</span><span style="font-style:italic">d Consequential Amendments) Act</span><span style="font-style:italic"> </span><span style="font-style:italic">2009</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">pre</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">reform certified agreement</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means a “a pre</span><span>‑</span><span>reform certified agreement” w</span><span>ithin the meaning of clause 1 of Schedule 7</span><span> to the </span><span style="font-style:italic">Workplace Relations Act 1996</span><span>, as continued </span><span>in existence as a transitional instrument </span><span>under</span><span> the</span><span style="font-style:italic"> Fair Work (Transitional Provisions and Consequential Amendments) </span><span style="font-style:italic">Act 2009</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">preservation age</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">PSS member</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means a person who is a member of the </span><span style="font-weight:bold">PSS</span><span> due to the operation of Part 3 of the 1990 Act</span><span style="font-style:italic">.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">PSS</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>means the superannuation scheme established by the Trust Deed, as amended from time to time, referred to in section 4 of the </span><span>1990 Act.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">PSSAP pensioner</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means a person who has a </span><span style="font-weight:bold">pension account</span><span> or accounts, other than a </span><span style="font-weight:bold">reversionary beneficiary</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">quarter</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>has the same </span><span>meaning</span><span> as in the </span><span style="font-style:italic">Superannuation Guarantee (Administration) Act 1992</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr style="height:18.75pt"><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">release authority</span><span></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>means a release authority issued under the </span><span style="font-weight:bold">taxation legislation</span><span> for the release of an amount held in a member’s account.</span></p><p class="Rulebullet" style="margin-top:0pt; margin-left:36pt; margin-bottom:0pt; text-indent:-32.9pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">remuneration determination</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means:</span></p><p class="Rulebullet" style="margin-left:36pt; text-indent:-32.95pt"><span>(a)</span><span style="width:19.63pt; text-indent:0pt; display:inline-block"> </span><span>any determination made under the </span><span style="font-style:italic">Remuneration Tribunal Act 1973</span><span>: or</span></p><p class="Rulebullet" style="margin-left:36pt; text-indent:-32.95pt"><span>(b)</span><span style="width:18.96pt; text-indent:0pt; display:inline-block"> </span><span>any determination made under another Act or a law of a Territory in respect of remuneration for a person holding a statutory office or appointed under an Act or law of a Territory, not being a determination of remuneration made under section 24 of the </span><span style="font-style:italic">Public Service Act 1999</span><span> or section 24 of the </span><span style="font-style:italic">Parliamentary Service Act 1999</span><span>; or</span></p><p class="Rulebullet" style="margin-left:36pt; text-indent:-32.95pt"><span>(c)</span><span style="width:19.63pt; text-indent:0pt; display:inline-block"> </span><span>an assignment to an amount of remuneration under subsection 14(3) of the </span><span style="font-style:italic">Remuneration Tribunal Act</span><span style="font-style:italic"> </span><span style="font-style:italic">1973</span><span> for a Secretary of a Department appointed under the </span><span style="font-style:italic">Public Service Act 1999</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">reversionary beneficiary</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means</span><span> a person who is receiving an </span><span style="font-weight:bold">account</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">based pension</span><span> because of the death of a </span><span style="font-weight:bold">PSSAP pensioner</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">roll</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">over</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:3.6pt; text-indent:-1.95pt"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">roll</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">over application</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.65pt; text-indent:0pt"><span>means a written application to </span><span style="font-weight:bold">CSC</span><span> requesting </span><span style="font-weight:bold">CSC</span><span> to </span><span style="font-weight:bold">roll</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">over</span><span> or </span><span style="font-weight:bold">transfer</span><span> benefits from the </span><span style="font-weight:bold">PSSAP</span><span> to a </span><span style="font-weight:bold">superannuation entity</span><span>, an </span><span style="font-weight:bold">RSA</span><span> or a </span><span style="font-weight:bold">life insurance company</span><span>.</span></p><p class="Rule" style="margin-left:3.6pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">roll</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">over superannuation benefit</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold"></span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:1.65pt; text-indent:0pt"><span>has the same meaning as the </span><span style="font-style:italic">Income Tax Assessment Act</span><span style="font-style:italic"> </span><span style="font-style:italic">1997</span><span>.</span></p><p class="Rule" style="margin-left:1.65pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">RSA</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:3.6pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p><p class="Rule" style="margin-left:3.6pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">shortfall component</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:3.6pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>means the shortfall component within the meaning of section</span><span> </span><span>64A or 64B of the </span><span style="font-style:italic">Superannuation Guarantee (Administration) Act</span><span style="font-style:italic"> </span><span style="font-style:italic">1992</span><span>.</span></p><p class="Rule" style="margin-left:3.6pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">SIS Act</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:3.6pt; text-indent:0pt"><span>means the </span><span style="font-style:italic">Superannuation Industry (Supervision) Act 1993</span><span> and the regulations in force under that Act.</span></p><p class="Rule" style="margin-left:3.6pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">SIS Regulations</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means the </span><span style="font-style:italic">Superannuation Industry (Supervision) Regulations</span><span style="font-style:italic"> </span><span style="font-style:italic">1994</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">standard risk</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>in relation to an </span><span style="font-weight:bold">ordinary employer</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">sponsored member</span><span> being assessed by a life office for the provision of </span><span style="font-weight:bold">supplementary death and invalidity cover</span><span> or </span><span style="font-weight:bold">income protection cover</span><span> under Part 4 of the Rules, means an </span><span style="font-weight:bold">ordinary employer</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">sponsored member</span><span> who does not:</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; margin-bottom:3pt; text-indent:-32.9pt"><span>(a)</span><span style="width:19.58pt; text-indent:0pt; display:inline-block"> </span><span>suffer from any physical or mental incapacity or condition; or</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; margin-bottom:3pt; text-indent:-32.9pt"><span>(b)</span><span style="width:18.91pt; text-indent:0pt; display:inline-block"> </span><span>engage in any hazardous occupation or pursuit.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">superannuation entity</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">superannuation salary</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>has the meaning given in Rule 2.2.2</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">surcharge</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-style:italic">Superannuation Contributions Tax (Assessment and Collection) Act 1997</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">surchargeable contributions</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-style:italic">Superannuation Contributions Tax (Assessment and Collection) Act 1997</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">taxation legislation</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means the </span><span style="font-style:italic">Taxation Administration Act 1953</span><span>, the </span><span style="font-style:italic">Income Tax Assessment Act 1997</span><span> or the </span><span style="font-style:italic">Income Tax (Transitional Provisions) Act 1997</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">temporary incapacity</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold"></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">total benefit</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>in relation to a </span><span style="font-weight:bold">PSSAP member</span><span>,</span><span> means the balance of the member’s </span><span style="font-weight:bold">personal accumulation account </span><span>at the end of the day before the benefit is paid</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">transfer</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">transfer amount</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means an amount transferred or rolled</span><span>‑</span><span>over in respect of:</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; margin-bottom:3pt; text-indent:-32.9pt"><span>(a)</span><span style="width:19.58pt; text-indent:0pt; display:inline-block"> </span><span>an </span><span style="font-weight:bold">ordinary employer</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">sponsored member</span><span> to </span><span style="font-weight:bold">CSC</span><span> under Rule</span><span> </span><span>2.4.1; or</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; margin-bottom:3pt; text-indent:-32.9pt"><span>(b)</span><span style="width:18.91pt; text-indent:0pt; display:inline-block"> </span><span>a </span><span style="font-weight:bold">PSSAP member</span><span> to </span><span style="font-weight:bold">CSC</span><span> under Rule 2.4.1A or Rule 2.4.1D; or</span></p><p class="Rulebullet" style="margin-top:3pt; margin-left:36pt; margin-bottom:3pt; text-indent:-32.9pt"><span>(c)</span><span style="width:19.58pt; text-indent:0pt; display:inline-block"> </span><span>a </span><span style="font-weight:bold">current government </span><span>scheme</span><span style="font-weight:bold"> member</span><span> to </span><span style="font-weight:bold">CSC</span><span> under Rule</span><span> </span><span>2.4.1B; or</span></p><p class="Rulebullet" style="margin-left:36pt; text-indent:-32.95pt"><span>(d)</span><span style="width:18.96pt; text-indent:0pt; display:inline-block"> </span><span>a </span><span style="font-weight:bold">former government scheme member</span><span> to </span><span style="font-weight:bold">CSC</span><span> under Rule</span><span> </span><span>2.4.1C;</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>less income tax payable by the </span><span style="font-weight:bold">PSSAP Fund</span><span> in relation to that amount.</span></p><p class="Rulebullet" style="margin-top:0pt; margin-left:36pt; margin-bottom:0pt; text-indent:-32.9pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">transitional member</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means an </span><span style="font-weight:bold">ordinary employer</span><span style="font-weight:bold">‑</span><span style="font-weight:bold">sponsored member</span><span> who has attained their </span><span style="font-weight:bold">preservation age</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span style="font-weight:bold">transition to retirement income stream</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span>has the same meaning as in the </span><span style="font-weight:bold">SIS Act</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt; page-break-inside:avoid; page-break-after:avoid"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">workplace agreement</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>means a “workplace agreement” within the meaning of </span><span>section 4 of </span><span>the </span><span style="font-style:italic">Workplace Relations Act 1996</span><span>, as continued </span><span>in existence as a transitional instrument </span><span>under the</span><span style="font-style:italic"> Fair Work (Transitional Provisions and Consequential Amendments) </span><span style="font-style:italic">Act 2009</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr><tr><td style="width:152.25pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span style="font-weight:bold">workplace determination</span></p></td><td style="width:315.4pt; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span>m</span><span>eans a </span><span>“workplace determination” within the meaning of section</span><span> </span><span>12</span><span> of the </span><span style="font-style:italic">Fair Work Act 2009</span><span>.</span></p><p class="Rule" style="margin-left:0pt; text-indent:0pt"><span></span></p></td></tr></tbody></table>
PART 2 — MEMBERSHIP AND CONTRIBUTIONS
Division 1
Membership
Becoming a PSSAP member
Note:
A person becomes a PSSAP member under Part 3 of the Act, which also specifies the duration of the person’s PSSAP membership. As well as specifying when a person is eligible to become a member of PSSAP, that Part empowers the Minister to either declare that a particular person is eligible to become a PSSAP member or is not eligible to become a PSSAP member.Part 4 of the Act sets out the situations in which a PSSAP member is an ordinary employer‑sponsored member of PSSAP. Eligible PSSAP members are ordinary employer‑sponsored members of PSSAP under subsection 18(7) of the Act. Eligible CSS/PSS member or former members are ordinary employer‑sponsored members of PSSAP under subsection 18(8A) of the Act.A PSSAP member can fall under one or more categories of member, including as an ordinary employer-sponsored member, current government scheme member, former Australian Government scheme member or former government scheme member.
Concurrent memberships – ordinary employer‑sponsored member
2.1.1 A person may be an ordinary employer‑sponsored member in respect of two or more concurrent employments.
Note:
A person can be an ordinary employer‑sponsored member under one or more of subsections 18(2), (3), (5), (7), or (8A) of the Act.
2.1.2 Where an ordinary employer‑sponsored member, who is employed by two or more designated employers at the same time, ceases to be an employee of one or more but not all of those designated employers, the person will not cease to be an ordinary employer‑sponsored member. Also, where an ordinary employer‑sponsored member ceases to be employed by one designated employer but immediately afterwards becomes an employee of another designated employer, the person does not cease to be an ordinary employer‑sponsored member.
2.1.3 Where a person is an ordinary employer‑sponsored member in respect of two or more concurrent employments, CSC may maintain one personal accumulation account for the member.
Note:
CSC must keep a personal accumulation account (and/or pension account) for each PSSAP member. (See Rule 5.1.1.)
Concurrent memberships – current government scheme member
2.1.4 A person may be a current government scheme member in respect of two or more concurrent employments.
2.1.5 Where a current government scheme member, who is employed by two or more designated employers at the same time, ceases to be an employee of one or more but not all of those designated employers, the person will not cease to be a current government scheme member. Also, where a current government scheme member ceases to be employed by one designated employer but immediately afterwards becomes an employee of another designated employer, the person does not cease to be a current government scheme member.
2.1.6 Where a person is a current government scheme member in respect of two or more concurrent employments, CSC may maintain one personal accumulation account for the member.
Note:
CSC must keep a personal accumulation account (and/or pension account) for each PSSAP member. (See Rule 5.1.1.)
Concurrent memberships – ordinary employer‑sponsored and government scheme member
2.1.7 A person may have concurrent PSSAP memberships as an ordinary employer‑sponsored member and as a government scheme member.
2.1.8 Where a person is concurrently an ordinary employer‑sponsored member and a government scheme member, CSC may maintain one personal accumulation account for the member.
Note:
CSC must keep a personal accumulation account (and/or pension account) for each PSSAP member. (See Rule 5.1.1.)
Division 1A
MySuper product
MySuper product
Note:
A MySuper product is defined in Rule 1.2.1 as having the same meaning as in the SIS Act.
MySuper product – general characteristics
2.1A.1 CSC must ensure that:
(a) amounts held as a MySuper product, in respect of PSSAP members and non‑member spouses, are invested in accordance with a single diversified investment strategy; and
(b) all PSSAP members and non‑member spouses who hold a MySuper product are entitled access to the same options, benefits and facilities in relation to their MySuper product; and
(c) amounts credited to the personal accumulation account or non‑member spouse interest account in respect of a MySuper product under Division 2 of Part 5, or Division 3 of Part 7 of the Rules must not stream gains or losses to only some of those members, except to the extent permitted under Rule 2.1A.2; and
(d) the process used to credit and debit amounts to a personal accumulation account or a non‑member spouse interest account in respect of a MySuper product must be the same for each member; and
(e) the only limitation imposed on the source of contributions are those referred to in paragraph 29TC(1)(f) of the SIS Act;
(f) a MySuper product held by a PSSAP member or non‑member spouse cannot be replaced with another class of interest in PSSAP unless:
(i) the PSSAP member or non‑member spouse has consented in writing to the replacement no more than 30 days before it occurs; or
(ii) as otherwise permitted by the SIS Act;
(g) a MySuper product held by a PSSAP member or non‑member spouse cannot be replaced with a beneficial interest in another superannuation entity unless:
(i) the replacement is permitted, or is required, under a law of the Commonwealth; or
(ii) the PSSAP member or non‑member spouse has consented in writing to the replacement no more than 30 days before it occurs;
(h) a pension is not paid from MySuper assets unless it is permitted by the SIS Act;
(i) a PSSAP member or non‑member spouse who holds a MySuper product is not precluded from holding an interest in another class in PSSAP only because they hold a MySuper product;
(j) a PSSAP member or non‑member spouse is not precluded from holding a MySuper product because they hold another interest of another class in PSSAP.
2.1A.2 CSC may, for the purposes of Rule 2.1A.1, choose to adopt a single diversified investment strategy that allows gains and losses from different classes of assets of the PSSAP Fund to be streamed to different subclasses of the members of the fund who hold a MySuper product, in respect of their MySuper product, on the basis of the age of those members or some other basis which is permitted as a lifecycle exception within the meaning of the SIS Act.
MySuper product – fees
2.1A.3 CSC must ensure that any fees deducted from a personal accumulation account or a non‑member spouse interest account in respect of a MySuper product comply with requirements under the SIS Act for the provision of a MySuper product.
MySuper product – insurance
2.1A.4 If required by the SIS Act, CSC must provide death and invalidity cover, in accordance with Division 1 of Part 4, to all PSSAP members and non‑member spouses who hold a MySuper product, in respect of their MySuper product.
2.1A.5 CSC must ensure that the death and invalidity cover provided in respect of a MySuper product under Division 1 of Part 4 of the Rules complies with requirements under the SIS Act for the provision of a MySuper product.
Division 2
Contributions by employers
Basic contributions by designated employers
2.2.1 Subject to Rules 2.2.1AA and 2.2.1B, each pay day the designated employer of a person who is an ordinary employer-sponsored member under subsection 18(2), 18(3) or 18(5) of the Act must pay as contributions to CSC an amount equal to 15.4% of the superannuation salary of the member.
2.2.1AA Rule 2.2.1 does not apply to the designated employer of an eligible PSSAP member or an eligible CSS/PSS member or former member who is the designated employer only because of the operation of item 5A of the table in subsection 19(2) of the Act.
Note:
Rule 2.2.1 requires the designated employer of a person who is an ordinary employer‑sponsored member under subsection 18(2), 18(3) or 18(5) of the Act to pay basic employer contributions if the particular employment or office is in relation to the person’s membership under these subsections.A designated employer of a person who is an eligible PSSAP member or an eligible CSS/PSS member or former member, but is not an ordinary employer-sponsored member under subsections 18(2), (3) or (5), is not required to pay contributions under this Rule.A person can be an ordinary employer-sponsored member under subsections 18(2), 18(3) or 18(5) of the Act in addition to being an eligible PSSAP member or an eligible CSS/PSS member for former member under subsection 18(7) or 18(8A)(that is, in respect of concurrent non-Commonwealth employment). Only the designated employer in relation to the employment or office which gives rise to the membership under subsections 18(2), (3) or (5) (that is, the Commonwealth employer) is required to pay basic employer contributions under Rule 2.2.1.See Rule 2.2.1A for contributions by a designated employer in respect of other employment or offices held by a person who is an ordinary employer-sponsored member under subsection 18(7) or 18(8A) of the Act (that is, an eligible PSSAP member or an eligible CSS/PSS member or former member).
2.2.1A Subject to Rule 2.2.1B, the designated employer of an eligible PSSAP member or an eligible CSS/PSS member or former member may pay contributions to CSC in respect of the member, and those contributions are basic employer contributions.
Note:
This Rule allows the designated employer of a person who is an eligible PSSAP member or an eligible CSS/PSS member or former member (that is, an ordinary employer‑sponsored member under either subsection 18(7) or 18(8A) of the Act) to make contributions to PSSAP, including in relation to satisfying their obligations under the Superannuation Guarantee (Administration) Act 1992.See Rule 2.2.1 for contributions by a designated employer of a person who is an ordinary employer-sponsored member under subsection 18(2), 18(3) or 18(5) of the Act, in respect of particular employment or the holding of a statutory office that relates to one of these subsections.Some PSSAP members may have contributions made by more than one designated employer where they are engaged in concurrent employment, including an eligible PSSAP member or an eligible CSS/PSS member or former member who may have contributions paid by a (Commonwealth) designated employer under Rule 2.2.1 and a (non‑Commonwealth) designated employer under Rule 2.2.1A.
2.2.1B CSC must reject any contributions paid under Rule 2.2.1 or 2.2.1A if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund.
Superannuation salary
2.2.2 The superannuation salary of an ordinary employer‑sponsored member under subsection 18(2), 18(3) or 18(5) of the Act is:
(a) where the circumstances referred to in Rule 2.2.3 apply — the ordinary time earnings of the person; and
(b) in all other cases the amount that would have been the person’s “fortnightly contribution salary” if they were a PSS member.
2.2.3 The superannuation salary of an ordinary employer‑sponsored member under subsection 18(2), 18(3) or 18(5) of the Act will be the person’s ordinary time earnings if this is specified in:
(a) a workplace agreement that applies to the ordinary employer‑sponsored member;
(b) a pre‑reform certified agreement that applies to the ordinary employer sponsored member;
(c) a pre‑reform AWA that applies to the ordinary employer‑sponsored member;
(d) an AWA that applies to the ordinary employer‑sponsored member;
(e) a remuneration determination that applies to the ordinary employer‑sponsored member; or
(f) an enterprise agreement that applies to the ordinary employer‑sponsored member; or
(fa) a determination made under subsection 24(1) or 24(3) of the Public Service
Act 1999, provided that:
(i) the determination applies to an ordinary employer‑sponsored member who is moved to an APS Agency on or after 1 February 2020 pursuant to a determination made under paragraph 72(1)(a) of that Act; and
(ii) immediately before the ordinary employer‑sponsored member was so moved, their superannuation salary was specified as ordinary time earnings in an enterprise agreement that applied to the ordinary employer‑sponsored member; or
(g) a workplace determination that applies to the ordinary employer‑sponsored member; or
(h) an agreement in writing between the ordinary employer‑sponsored member and their designated employer in the case of an ordinary employer‑sponsored member not covered by a workplace agreement, a pre‑reform certified agreement, a pre‑reform AWA, an AWA, a remuneration determination, an enterprise agreement, or a workplace determination.
Note:
Rule 2.2.2 and Rule 2.2.3 are only relevant to a person in relation to the employment or office which gives rise to the person being an ordinary employer-sponsored member under subsection 18(2), (3) or (5) of the Act (that is, their Commonwealth employment).A person can be an ordinary employer-sponsored member under subsection 18(2), 18(3) or 18(5) of the Act in addition to being an ordinary employer-sponsored member under subsection 18(7) (an eligible PSSAP member), or 18(8A) (an eligible CSS/PSS member or former member) of the Act in respect of concurrent non-Commonwealth employment.
Additional employer contributions
2.2.4 In addition to the amounts required to be paid by the designated employer under Rule 2.2.1, the designated employer of an ordinary employer‑sponsored member under subsection 18(2), (3) or (5) of the Act may pay additional contributions to CSC in respect of that member, where the method of payment complies with any CSC determination under Rule 2.2.5. However, CSC must reject any contributions paid under this Rule if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund.
Note: This Rule allows the designated employer of a person who is an ordinary employer-sponsored member under subsection 18(2), (3) or (5) of the Act to make contributions for or on behalf of the person in addition to any contributions the employer is required to pay under Rule 2.2.1 as basic employer contributions.
Circumstances where an employer may make additional employer contributions include, but are not limited to:
Additional employer contributions – salary sacrifice contributions for current government scheme members
2.2.4A Subject to Rule 2.2.4B, the designated employer of a current government scheme member may pay salary sacrifice contributions to CSC in respect of that member:
(a) where the current government scheme member has elected a particular investment strategy; and
(b) where CSC has accepted the election made by the current government scheme member to choose a particular investment strategy; and
(c) where the method of payment complies with any CSC determination under Rule 2.2.5.
Note:
This rule allows employers to make contributions as a result of salary sacrifice arrangements with an employee. Salary sacrifice contributions are the only contributions the employer of a current government scheme member can make to the PSSAP Fund.CSC must only accept salary sacrifice contributions under this Rule if the person they are in respect to was an Australian government superannuation scheme member at the time the contributions were made. These contributions are considered to be “additional employer contributions” for the purpose of the Rules.
2.2.4B CSC must reject any contributions paid under Rule 2.2.4A if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund.
Method of payment of employer contributions
2.2.5 CSC may from time to time determine the way in which basic employer contributions and additional employer contributions must be paid to CSC. However, this Rule does not apply in relation to basic employer contributions mentioned in Rule 2.2.1A.
2.2.6 The designated employer of an ordinary employer‑sponsored member under subsection 18(2), 18(3) or 18(5) of the Act must pay basic employer contributions and any additional employer contributions in accordance with any determination of CSC under Rule 2.2.5.
2.2.6A The designated employer of a current government scheme member must pay any additional employer contributions in accordance with any determination of CSC under Rule 2.2.5.
Payments to be paid into the PSSAP Fund
2.2.7 CSC must pay any basic employer contributions and any additional employer contributions into the PSSAP Fund.
Reporting of employer contributions
2.2.8 Each designated employer, in respect of an ordinary employer‑sponsored member to whom Rule 2.2.2(a) applies, must inform the member in writing, at least quarterly, of the amount of basic employer contributions and additional employer contributions paid to the PSSAP Fund.
2.2.9 Within one month of the end of each quarter, each designated employer must, in respect of an ordinary employer‑sponsored member to whom Rule 2.2.2(b) applies or has applied at any time during the quarter, inform the member and CSC in writing of the total amount of basic employer contributions and additional employer contributions paid to the PSSAP Fund in the quarter expressed:
(a) in dollars and cents; and
(b) as a percentage of the ordinary time earnings of the ordinary employer‑sponsored member for the quarter.
2.2.10 If the percentage reported under Rule 2.2.9(b) is less than the relevant charge percentage for the quarter, as specified in the table at subsection 19(2) of the Superannuation Guarantee (Administration) Act 1992, the designated employer is required to notify in writing the ordinary employer‑sponsored member and CSC of an employer contribution shortfall. The amount of the employer contribution shortfall to be notified is the amount, expressed in dollars and cents, by which the reported amount falls short of the relevant charge percentage multiplied by the ordinary time earnings of the ordinary employer‑sponsored member.
2.2.11 For the purposes of Rules 2.2.8 and 2.2.9 an ordinary employer‑sponsored member is taken to have been informed in writing if the information is included in a pay advice document issued to the member.
Note:
Since Rule 2.2.2 does not apply to an eligible PSSAP member or an eligible CSS/PSS member or former member, Rules 2.2.8 to 2.2.11 also do not apply to such a member.
Division 3
Contributions by ordinary employer‑sponsored members
When employee contributions can be made
2.3.1 An ordinary employer‑sponsored member may pay employee contributions to CSC at any time and in any amount:
(a) except that CSC must reject any contributions paid under this Rule if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund; and
(b) where the method of payment complies with any CSC determination under Rule 2.3.5.
2.3.2 An ordinary employer‑sponsored member is not required to make employee contributions.
2.3.3 Except as set out in Divisions 3A and 3B of Part 2, a PSSAP member who is not an ordinary employer‑sponsored member may not make employee contributions to the PSSAP Fund.
Eligible spouse contributions
2.3.4 Eligible spouse contributions may be made on behalf of an ordinary employer‑sponsored member at any time and in any amount:
(a) except that CSC must reject any contributions paid under this Rule if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund; and
(b) where the method of payment complies with any CSC determination under Rule 2.3.5.
Income protection superannuation contribution amount
2.3.4A Any income protection superannuation contribution amount paid by an insurance company as a result of a claim made by CSC under Rule 3.4.2 in respect of an ordinary employer‑sponsored member may be paid to CSC if the SIS Act permits the contribution to be made and the method of payment complies with any CSC determination under Rule 2.3.5.
Method of payment of contributions
2.3.5 CSC may determine the way in which employee contributions, eligible spouse contributions and income protection superannuation contribution amounts received in accordance with this Division must be paid to CSC.
Payments to be paid into the PSSAP Fund
2.3.6 CSC must pay any employee contributions, eligible spouse contributions and income protection superannuation contribution amounts into the PSSAP Fund.
Division 3A
Contributions by current government scheme members
When current government scheme member contributions can be made
2.3A.1 Subject to Rule 2.3A.2, a current government scheme member may pay employee contributions to CSC at any time and in any amount:
(a) where the member has elected a particular investment strategy; and
(b) where CSC has accepted the election made by the member to choose a particular investment strategy; and
(c) where the method of payment complies with any CSC determination under Rule 2.3A.6.
2.3A.2 CSC must reject any contributions paid under Rule 2.3A.1 if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund.
2.3A.3 A current government scheme member is not required to make employee contributions under Rule 2.3A.1.
Eligible spouse contributions
2.3A.4 Subject to Rule 2.3A.2, eligible spouse contributions may be made on behalf of a current government scheme member at any time and in any amount:
(a) where the member has elected a particular investment strategy; and
(b) where CSC has accepted the election made by the member to choose a particular investment strategy; and
(c) where the method of payment complies with any CSC determination under Rule 2.3A.6.
2.3A.5 CSC must reject any contributions paid under Rule 2.3A.4 if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund.
Method of payment of employee contributions and eligible spouse contributions
2.3A.6 CSC may determine the way in which employee contributions and eligible spouse contributions received in accordance with this Division must be paid to CSC.
Payments to be paid into the PSSAP Fund
2.3A.7 CSC must pay any employee contributions and eligible spouse contributions received in accordance with this Division into the PSSAP Fund.
Division 3B
Contributions for consolidation with pension accounts
When contributions can be made for consolidation purposes
2.3B.1 Subject to Rule 2.3B.2, a PSSAP member may pay employee contributions to CSC in any amount:
(a) where the member has elected a particular investment strategy; and
(b) where CSC has accepted the election made by the member to choose a particular investment strategy; and
(c) where the contributions are made for the sole purpose of:
(i) combination with amounts commuted or to be commuted from a pension account established by CSC under Rule 3.6.1; or
(ii) commencing an account‑based pension; and
(d) where the member has made an application for benefits to be cashed as an account‑based pension under paragraph 3.1.1(g), using contributions paid under this Rule, amounts, if any, commuted from a pension account and amounts, if any, transferred or rolled‑over under Division 4 of this Part; and
(e) where the method of payment complies with any CSC determination under Rule 2.3B.6.
2.3B.2 CSC must reject any contributions paid under Rule 2.3B.1 if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund.
2.3B.3 A PSSAP member is not required to make employee contributions under Rule 2.3B.1.
Eligible spouse contributions
2.3B.4 Subject to Rule 2.3B.5, eligible spouse contributions may be made on behalf of a PSSAP member in any amount:
(a) where the member has elected a particular investment strategy; and
(b) where CSC has accepted the election made by the member to choose a particular investment strategy; and
(c) where the contributions are expressly made for the sole purpose of:
(i) combination with amounts commuted or to be commuted from a pension account established by CSC under Rule 3.6.1; or
(ii) commencing an account‑based pension; and
(d) where the member has made an application for benefits to be cashed as an account‑based pension under paragraph 3.1.1(g), using contributions paid under this Rule, amounts, if any, commuted from a pension account and amounts, if any, transferred or rolled‑over under Division 4 of this Part; and
(e) where the method of payment complies with any CSC determination under Rule 2.3B.6.
2.3B.5 CSC must reject any contributions paid under Rule 2.3B.4 if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund.
Method of payment of contributions and eligible spouse contributions
2.3B.6 CSC may determine the way in which employee contributions and eligible spouse contributions received in accordance with this Division must be paid to CSC.
Payments to be paid into the PSSAP Fund
2.3B.7 CSC must pay any employee contributions and eligible spouse contributions received in accordance with this Division into the PSSAP Fund.
Division 4
Transfer amounts
Amounts that may be transferred or rolled‑over into the PSSAP Fund
2.4.1 Subject to the SIS Act, an ordinary employer‑sponsored member may transfer or
roll‑over any or all of the following amounts to CSC as a transfer amount:
(a) a roll‑over superannuation benefit;
(b) a directed termination payment;
(c) an amount of shortfall component payable to, or in respect of, the person in accordance with the Superannuation Guarantee (Administration) Act 1992; and
(d) an amount payable in respect of the person under the Superannuation (Government Co‑contribution for Low Income Earners) Act 2003,
provided the method of payment complies with Rule 2.4.2.
2.4.1A Subject to the SIS Act, a PSSAP member may transfer or roll‑over an amount payable in respect of the person under the Superannuation (Government Co‑contribution for Low Income Earners) Act 2003 to CSC as a transfer amount where the amount, in total or part, relates to a period where the person was an ordinary employer‑sponsored member, provided the method of payment complies with Rule 2.4.2.
2.4.1B Subject to the SIS Act, a current government scheme member may transfer or roll‑over a roll‑over superannuation benefit to CSC as a transfer amount where the member has elected a particular investment strategy and CSC has accepted the election.
2.4.1C Subject to the SIS Act, a former government scheme member may roll‑over to CSC as a transfer amount their:
(a) PSS accumulated transfer amount paid under PSS Rule 11.2.4A; or
(b) PSS Accumulated Additional Contributions paid under PSS Rule 11.4.10A,
where the member has elected a particular investment strategy and CSC has accepted the election.
2.4.1D Subject to the SIS Act, a PSSAP member or PSSAP pensioner may transfer or roll‑over a roll‑over superannuation benefit to CSC as a transfer amount where:
(b) the member has elected a particular investment strategy and CSC has accepted the election; and
(c) the member has made an application for benefits to be cashed as an account‑based pension under paragraph 3.1.1(g), using the amount of the roll‑over superannuation benefit under this Rule and amounts paid, if any, under Division 3B of this Part, and amounts, if any, in the PSSAP member’s personal accumulation account.
Note:
CSC may only accept a transfer amount under Rule 2.4.1B or 2.4.1C if they are in respect of a person who is an Australian government superannuation scheme member or former Australian government superannuation scheme member at the time of the transfer or roll‑over.Rule 2.4.1D allows PSSAP members to transfer or roll‑over a transfer amount where that amount will be used to purchase an account‑based pension, in combination with any employee contributions paid under Division 3B of Part 2 and any amounts in the member’s personal accumulation account.
2.4.1E Subject to the SIS Act, a PSSAP pensioner may transfer or roll‑over a roll‑over superannuation benefit to CSC as a transfer amount:
(a) where the member has elected a particular investment strategy; and
(b) where CSC has accepted the election made by the member to choose a particular investment strategy; and
(c) where the transfer amount is transferred for the sole purpose of combination with amounts commuted or to be commuted from an existing pension account established by CSC under Rule 3.6.1; and
(d) where the method of payment complies with any CSC determination under Rule 2.4.2.
Method of payment of transfer amounts
2.4.2 CSC may determine the way in which transfer amounts must be paid to CSC.
Payments to be paid into the PSSAP Fund
2.4.3 CSC must pay any transfer amount into the PSSAP Fund.
Division 4A
Contributions‑Splitting Superannuation Benefits
When contributions‑splitting superannuation benefits can be paid to CSC
2.4A.1 Subject to the SIS Act, a contributions‑splitting superannuation benefit may be paid to CSC in respect of:
(a) an ordinary employer‑sponsored member; or
(b) a PSSAP member, provided that the amount of the benefit, in total or part, relates to contributions made to an ordinary employer‑sponsored member made to a regulated superannuation fund in a financial year where the PSSAP member was an ordinary employer‑sponsored member at any point in time in that financial year;
provided the method of payment complies with Rule 2.4A.2.
2.4A.2 CSC may determine the way in which amounts set out in Rule 2.4A.1 are to be paid to CSC.
2.4A.3 CSC must pay any amounts paid to it under Rule 2.4A.1 into the PSSAP Fund.
Division 5
Administration fees
Administration fees for PSSAP members
2.5.1 CSC may determine fees to be paid from the personal accumulation account of a PSSAP member relating to the costs of the administration of the Act and this Deed (generally and in matters relating more specifically to the account).
PART 3 — BENEFITS
Division 1
Benefits
Applications for payment of benefits
3.1.1 A benefit application may be made to CSC by:
(a) an ordinary employer‑sponsored member who:
(i) paragraph deleted in the 2nd Amending Deed;
(ii) has applied for approval of their invalidity retirement under Rule 3.3.1; or
(iv) is a transitional member who is applying for an amount of benefits
to be cashed as an income product which may be a transition to retirement income stream, a non‑commutable allocated annuity, a non‑commutable allocated pension, a non‑commutable annuity or a non‑commutable pension; or
(aa) an eligible PSSAP member or an eligible CSS/PSS member or former member who is applying for the payment of benefits on the basis that he or she has a permanent incapacity; or
(b) a PSSAP member other than in the capacity of an ordinary employer‑sponsored member applying under paragraph (a); or
(c) a PSSAP member who is applying for the payment of benefits on compassionate grounds or due to severe financial hardship; or
(d) the legal personal representative of a PSSAP member; or
(e) a person claiming to be entitled to the benefit of a deceased PSSAP member; or
(g) a PSSAP member or PSSAP pensioner who is applying for an amount of benefits to be cashed as an account‑based pension; or
(h) a PSSAP pensioner, non‑member spouse or reversionary beneficiary who is applying to commute all or part of the balance of their pension account; or
(i) a PSSAP member who is applying for income protection benefits under Rule 3.4.1; or
(j) a PSSAP member who is applying for spouse contributions‑splitting, provided the split of contributions is permitted under Division 6.7 of the SIS Regulations.
3.1.2 A benefit application must be made in a form acceptable to CSC and must include any supporting evidence of entitlement to the benefit required by CSC.
Payment of benefits to a PSSAP member who has ceased to be an ordinary employer‑sponsored member
3.1.4 On receiving a benefit application from or on behalf of a PSSAP member pursuant to Rule 3.1.1(b), CSC must pay to or in respect of the member a lump sum amount of such part of their total benefit as requested in the benefit application, subject to the SIS Act.
Note:
Where part of a benefit is paid to a person under Rule 3.1.4, the remainder of the benefit must be retained in the personal accumulation account of the PSSAP member or rolled‑over or transferred to another superannuation entity. See Rule 3.1.12.
Payment of benefits to a PSSAP member on compassionate and financial hardship grounds
3.1.6 If CSC receives a benefit application from a PSSAP member pursuant to Rule 3.1.1(c), CSC may pay the person such part of their total benefit as requested in the benefit application, subject to the SIS Act:
(a) on a compassionate ground in accordance with a determination made under the SIS Act; or,(b) on grounds of severe financial hardship in accordance with the SIS Act.
Payment of benefits to ordinary employer‑sponsored members
3.1.7 If CSC receives or is taken to have received a benefit application from or on behalf of an ordinary employer‑sponsored member pursuant to Rule 3.1.1(a)(ii) and CSC approves the invalidity retirement of the ordinary employer‑sponsored member, CSC must, if the person ceases to be an ordinary employer‑sponsored member following approval of their invalidity retirement:
(a) pay the person as a lump sum such part of their total benefit as the SIS Act permits; or
(b) if the person has, in their benefit application or in writing to CSC, applied for a lump sum amount that is less than their total benefit, pay the person the amount set out in the application or in writing as the SIS Act permits.
3.1.8 If CSC receives a benefit application from or on behalf of an ordinary employer‑sponsored member pursuant to Rule 3.1.1(i), the member, subject to Rules 3.4.2 and 3.4.5, is entitled to income protection benefits in accordance with Rule 3.4.3.
3.1.9 If CSC receives a benefit application from a transitional member pursuant to Rule 3.1.1(a)(iv) and CSC has in place arrangements for members to purchase the income product requested in the application, CSC, in accordance with Rule 3.5.1, must, on behalf of the transitional member, arrange for the purchase by the member of an income product of the type so requested costing an amount equal to the total benefit set out in the benefit application.
3.1.9A If CSC receives a benefit application from an eligible PSSAP member or an eligible CSS/PSS member or former member under Rule 3.1.1(aa), CSC may pay the person the whole or a part of the person’s total benefit as requested in the benefit application, subject to the SIS Act.
Payment of benefits to a legal personal representative where member not deceased
3.1.10 On receiving a benefit application from the legal personal representative of a PSSAP member under Rule 3.1.1(d), CSC may pay to the legal personal representative such part of the total benefit as the SIS Act permits if CSC is satisfied that:
(a) the PSSAP member is under a legal disability; and
(b) the PSSAP member is entitled to the payment of a benefit under the Rules.
Payment of death benefits
3.1.11 When CSC:
(a) receives an application for benefits from a person claiming to be entitled to the benefit of a person who is a deceased PSSAP member; or
(b) otherwise becomes aware that a PSSAP member has died;
CSC must determine who is entitled to be paid the death benefits in accordance with Division 2 of this Part and pay the total benefit to the person or persons so entitled in such shares as CSC determines.
Payment in accordance with a release authority
3.1.11A Where CSC receives a release authority, CSC may pay an amount, as required or permitted under the SIS Act and the taxation legislation.
Note:
The amount that CSC is to pay is subject to the requirements under the SIS Act and the taxation legislation.
Preservation of benefits not paid
3.1.12 Where a part of the total benefit is paid to or in respect of a PSSAP member under this Division, the remainder of the benefit is retained in the personal accumulation account of the PSSAP member unless a roll‑over application or benefit application is made in relation to the remainder of the benefit.
Applications for roll‑over or transfer of benefits
3.1.13 A roll‑over application may be made to CSC, in accordance with the SIS Act, by:
(a) a PSSAP member, or in respect of a PSSAP member, other than in their capacity as a transitional member applying under paragraph (b); or
(b) a transitional member who is applying for an amount of benefits to be cashed as an income product, which may be a transition to retirement income stream, a non‑commutable allocated annuity, a non‑commutable allocated pension, a non‑commutable annuity or a non‑commutable pension.
Notes:Concerning paragraph 3.1.13(a)1. Under Divisions 6.4 and 6.5 of the SIS Regulations, a member of a regulated superannuation fund may, in writing, ask the trustee of the fund to roll over or transfer an amount that is the whole or part of the member’s withdrawal benefit, and the trustee of the fund must roll over or transfer, as permitted by SIS, the amount in accordance with the request. Division 6.5 prescribes circumstances where the trustee must roll over or transfer an amount in accordance with a request by the member.Concerning paragraph 3.1.13(b)2. Under Division 6.3 of the SIS Regulations, a member of a regulated superannuation fund, upon reaching the preservation age, is allowed to cash their benefits as a non‑commutable income stream, subject to the conditions of release and the relevant restrictions set out in Schedule 1 of the SIS Regulations.
3.1.14 Subject to the SIS Act, a roll‑over application must be made in a form acceptable to CSC and must include any supporting evidence of entitlement to the benefit required by CSC.
Preservation or transfer of benefits
3.1.15 Subject to the SIS Act, if CSC receives a roll‑over application from a PSSAP member under Rule 3.1.13(a), CSC, where required by the SIS Act, must, and, where not so required, may roll‑over or transfer so much of the person’s total benefit as is requested in the roll‑over application to a superannuation entity, RSA or life insurance company.
Notes:
Regulation 6.35 of the SIS Regulations sets out when a trustee may refuse to roll‑over or transfer an amount in response to a request from a scheme member.
Regulations 6.33 and 6.34 of the SIS Regulations set out that a trustee must roll‑over or transfer an amount as soon as possible or within a timeframe allowed under the SIS Regulations, in response to a request from a scheme member.
3.1.18 If CSC receives a roll‑over application from a transitional member under Rule 3.1.13(b), CSC must, subject to the SIS Act, roll‑over or transfer such part of the person’s total benefit as is requested in the roll‑over application to a superannuation entity or life insurance company.
3.1.19 If no benefit application or roll‑over application is received upon a PSSAP member ceasing to be an ordinary employer‑sponsored member and Rule 3.1.20 does not apply, the total benefit is retained in the personal accumulation account of the PSSAP member.
Payment of benefits to the Commissioner of Taxation
3.1.20 CSC may pay benefits to the Commissioner of Taxation in accordance with the Superannuation (Unclaimed Money and Lost Members) Act 1999.
Payment of contributions‑splitting superannuation benefits
3.1.21 If CSC receives a benefit application under Rule 3.1.1(j) then, subject to the SIS Act, CSC must pay such part of the person’s total benefit as requested in the application as a contributions‑splitting superannuation benefit to a superannuation entity or RSA as nominated by the person.
Division 2
Death benefits
Who is entitled to be paid death benefits
3.2.1 If, upon the death of a PSSAP member, CSC is in receipt of a current valid binding member nomination in relation to the deceased PSSAP member, then the member’s total benefit will be paid by CSC to the person or persons specified in the binding member nomination.
3.2.2 Subject to Rule 3.2.1, in the event of the death of a PSSAP member, CSC must pay or apply the deceased member’s total benefit to or for the benefit of one or more, as determined by CSC, of the following:
(a) one or more dependants of the deceased PSSAP member;
(b) the legal personal representative of the deceased PSSAP member.
3.2.3 If, after making reasonable enquiries, CSC upon the death of a PSSAP member has not found either a legal personal representative or a dependant of the deceased PSSAP member, CSC will pay or apply the deceased member’s total benefit to or for the benefit of such one or more individuals as determined by CSC.
Division 3
Permanent invalidity
Scope of Division
3.3.1A This Division does not apply to an eligible PSSAP member or an eligible CSS/PSS member or former member.
Application for approval of invalidity retirement
3.3.1 An application for approval of the invalidity retirement of an ordinary employer‑sponsored member may be made to CSC by:
(a) the ordinary employer‑sponsored member; or
(b) the designated employer of the ordinary employer‑sponsored member.
3.3.2 An ordinary employer‑sponsored member in respect of whom an application under Rule 3.3.1 is made is taken to have also made a benefit application.
Invalidity retirement process
3.3.3 Following receipt of an application to approve the invalidity retirement of an ordinary employer‑sponsored member, CSC may approve the person’s invalidity retirement if it is satisfied that the person has a permanent incapacity.
3.3.4 CSC may determine the process it will follow before approving the invalidity retirement of an ordinary employer‑sponsored member.
3.3.5 CSC must advise its decision under Rule 3.3.3 to the ordinary employer‑sponsored member and the designated employer of the ordinary employer‑sponsored member. The advice is to include a statement of the reasons for the decision.
Division 4
Income protection benefits
Income protection benefits
3.4.1 A PSSAP member may apply to CSC for income protection benefits if the PSSAP member:
(a) is unable to work due to a temporary incapacity; and
(b) holds income protection cover.
Assessment of applications for income protection benefits
3.4.2 Following receipt of an application for income protection benefits that meets the requirements of Rule 3.4.1 CSC must make a claim against the policy or policies providing the income protection cover.
Payment of income protection benefits
3.4.3 Subject to the SIS Act, any amount, other than an income protection superannuation contribution amount, paid by an insurance company in response to a claim against a policy providing income protection cover must be paid to the PSSAP member as a non‑commutable income stream.
3.4.4 Any amount paid to a PSSAP member under Rule 3.4.3 does not form part of the personal accumulation account of the PSSAP member.
3.4.5 Nothing in this Deed requires CSC to pay income protection benefits where:
(a) a PSSAP member does not hold income protection cover; or
(b) an insurance company does not pay any amount in response to a claim by CSC.
Division 5
Retirement income products
CSC may arrange income products
3.5.1 CSC may enter into arrangements with a provider of products and services other than the Commonwealth to offer income products, including retirement income products, for purchase by persons in receipt of benefits under the Rules.
3.5.2 A person in receipt of benefit under Division 1 of this Part may use the benefits to purchase income products arranged by CSC, subject to the SIS Act.
Division 6
Account‑based pensions provided by CSC
3.6.1 If CSC receives a benefit application from a PSSAP member or PSSAP pensioner pursuant to Rule 3.1.1(g), CSC may, subject to the SIS Act and the person satisfying any requirements determined under Rule 3.6.2, provide one or more account‑based pensions to the person.
3.6.2 CSC may, subject to the SIS Act and this Division, determine terms and conditions for the provision of an account‑based pension, including the amount and manner of payments from the account.
Note:
Rule 3.6.2 allows CSC to set terms and conditions for the provision of an account‑based pension.For example, CSC may:‑ Decide to only provide a pension where the amount paid from a PSSAP member’s personal accumulation account into their pension account is above a certain amount.‑ Allow PSSAP pensioners to select the amounts and timing of their pension payments, within specified restrictions.‑ Offer PSSAP pensioners the opportunity to elect to have amounts held in their pension account invested in accordance with particular investment strategies, including conditions on how and when changes to their investment strategy can be made.‑ Determine the eligibility requirements and the manner and form required for the nomination, and variations of nomination, of reversionary beneficiaries.
Payment of account‑based pensions
3.6.3 If CSC provides an account‑based pension under Rule 3.6.1, the following conditions, in addition to any terms and conditions determined by CSC under Rule 3.6.2, shall apply to the pension:
(a) the pension shall be paid from the pension account;
(b) payment of the pension shall be made at least annually until the earlier of the member’s death or the date that the pension account balance is exhausted;
(c) the amount of any pension payment cannot be greater than balance of the pension account at the time of the payment;
(d) the amount of the pension shall be subject to the minimum and maximum limits specified by the SIS Act;
(e) once the pension is commenced, no amounts can be added to it by way of contribution or roll‑over to the pension account;
(f) the pension is transferable to another person only on the death of the PSSAP pensioner or reversionary beneficiary or as otherwise permitted under the SIS Act;
(g) the capital value of the pension and income from the pension cannot be used by a person as security for a borrowing;
(h) the pension is to be commuted in whole or part to a lump sum only if permitted or required by the SIS Act; and
(i) the pension must be commuted in whole or part to a lump sum where CSC receives a commutation authority issued under the Taxation Administration Act 1953 and the SIS Act permits the commutation.
Note:
Under the SIS Regulations, account‑based pensions are subject to an annual minimum based on the pensioner’s age. Where a PSSAP pensioner has reached their relevant preservation age and is taking their pension as a transition to retirement income stream, the SIS Regulations also prescribe an annual maximum for the payments, based on the total account balance.
Pension account
3.6.4 Where CSC provides one or more account‑based pensions to a PSSAP member under Rule 3.6.1, CSC shall establish and maintain a separate pension account for each pension.
3.6.5 At any particular time, the balance of the pension account of a PSSAP pensioner is equal to the total of the amounts credited to the pension account of the PSSAP pensioner under Rule 3.6.6 less the total of the amounts debited to the pension account under Rule 3.6.7.
3.6.6 The following amounts are to be credited to a pension account:
(a) the amount transferred from the personal accumulation account or non‑member spouse interest account of the PSSAP pensioner, as requested by the PSSAP pensioner;
(b) the interest (if any) in respect of fund earnings on the pension account as determined by CSC;
(c) the amount (if any) of roll‑over superannuation benefit transferred or rolled‑over under Rule 2.4.1D, unless that amount is credited to the PSSAP member’s personal accumulation account; and
(d) such other amounts as CSC determines from time to time.
3.6.7 The following amounts are to be debited to a pension account:
(a) any pension payments made to or in respect of the PSSAP pensioner or a reversionary beneficiary;
(b) the interest (if any) in respect of fund losses on the pension account as determined by CSC;
(c) any fees, costs and expenses paid or deducted from the pension account under Rule 3.6.9;
(d) any amounts commuted under Rule 3.6.3(i) or Rule 3.6.8;
(da) any amount paid by CSC in respect of the PSSAP pensioner under Rule 3.1.11A; and
(e) such other amounts as CSC determines from time to time.
Commutation of amounts held in pension account
3.6.8 If CSC receives a benefit application from a PSSAP pensioner, reversionary beneficiary or non‑member spouse pursuant to Rule 3.1.1(h), CSC may, subject to the SIS Act:
(a) roll‑over or transfer to a superannuation entity or life assurance company;
(b) pay to the person (as a lump sum);
(c) if the application is from a PSSAP member, credit the person’s personal accumulation account;
(d) if the application is from a non‑member spouse, credit the person’s non‑member spouse interest account;
(e) if the application is from a PSSAP member with no personal accumulation account, create a personal accumulation account for the person, and credit that personal accumulation account;
(f) if the application is from a former non‑member spouse with no personal accumulation account or non‑member spouse interest account, create a non‑member spouse interest account for the person, and credit that non‑member spouse interest account;
such part of the person’s pension account as is requested in the application.
3.6.8A Where the pension is commuted because of Rule 3.6.3(i), CSC may, subject to the SIS Act:
(a) rollover or transfer to a superannuation entity;
(b) pay to the person (as a lump sum);
(c) credit the person’s personal accumulation account;
(d) credit the person’s non‑member spouse interest account;
(e) if the person is a PSSAP member with no personal accumulation account, create a personal accumulation account for the person, and credit that personal accumulation account;
(f) if the person is a non‑member spouse with no personal accumulation account or non‑member spouse interest account, create a non‑member spouse interest account and credit that non‑member spouse interest account;
all or part of the commutation amount.
Notes:1 The SIS Regulations may restrict the commutation of the pension if minimum thresholds for pension payments have not yet been paid in the financial year. There may also be restrictions on commutation where a transition to retirement income stream is taken.2 Generally a superannuation income stream in the retirement phase needs to be commuted in part or in full where the balance of a person’s transfer balance account exceeds their transfer balance cap. For this purpose, the Commissioner of Taxation is able to issue a commutation authority to a superannuation income stream provider to commute some or all of a superannuation income stream.
Fees, costs and expenses relating to pension accounts
3.6.9 Fees, costs and expenses incurred in relation to a pension account are to be determined by CSC and deducted from that pension account.
Pension account – member investment choice on death
3.6.10 If CSC is satisfied that a PSSAP pensioner or reversionary beneficiary has died, CSC may, pending payment of the person’s benefit, switch the investment options in which the person’s benefit was then invested to an investment option that CSC selects.
References in other rules
3.6.11 A reference in Rule 3.1.1(c), Rule 3.1.1(d) Rule 3.1.1(e), Rule 3.1.1(f), Rule 3.1.6, Rule 3.1.10, Rule 3.1.11A, and Rule 3.1.20 to a PSSAP member is taken to include a PSSAP pensioner or reversionary beneficiary.
3.6.12 A reference in Rule 3.1.6, Rule 3.1.10, and Rule 3.1.11A to total benefit is taken to include the balance of the person’s pension account.
Nomination of reversionary beneficiary
3.6.13 A PSSAP pensioner may, before their account‑based pension commences to be paid or at such other times as CSC may allow, nominate one or more dependants as a beneficiary.
Death of a person with a pension account
3.6.14 On the death of a PSSAP pensioner:
(a) if there is a valid nomination of a beneficiary under Rule 3.6.13 at the date of the death of the PSSAP pensioner, CSC must continue payment of the pension to the nominated beneficiary if the SIS Act permits it to do so; or
(b) if the pensioner has not nominated a beneficiary under Rule 3.6.13, but has made a valid binding member nomination, CSC must deal with payment of that balance in accordance with that binding member nomination subject to the SIS Act; or
(c) where paragraphs (a) and (b) do not apply, CSC may pay the pension account balance in such manner and in such proportions as it determines, as permitted or required by the SIS Act.
3.6.15 On the death of a reversionary beneficiary, any remaining pension account balance will be paid as determined by CSC, subject to the SIS Act.
PART 4 — INSURANCE
Division 1
Death and invalidity cover
CSC may arrange and offer insurance for death and invalidity
4.1.1 CSC may take out a policy or policies with an insurance company or companies in its name to provide death and invalidity cover for PSSAP members. A death and invalidity cover policy is to be on the terms and conditions, including the circumstances, agreed between CSC and the relevant insurance company, subject to the requirements of the SIS Act.
Note:
Rule 2.1A.4 may require CSC to take out such a policy or policies in relation to persons who hold a MySuper product, in respect of their MySuper product.
4.1.2 Subject to the SIS Act, a PSSAP member may be offered death and invalidity cover subject to the terms and conditions of the policy taken out pursuant to Rule 4.1.1, unless the insurance company does not provide cover in respect of the member under that policy.
4.1.2A Subject to the SIS Act, CSC may determine the terms and conditions of any death and invalidity cover provided to persons under Rule 4.1.2.
Note:
Terms and conditions determined by CSC under this rule may include the circumstances in which persons can cease to be covered and whether the member may elect to cease cover. Terms and conditions determined by CSC under this rule may also include any special requirements that apply in respect of persons who hold a MySuper product, consistent with the SIS Act.
Claims by CSC
4.1.3 Where an ordinary employer‑sponsored member dies, an application for approval of the member’s invalidity retirement is made under Rule 3.3.1 or the member makes a benefit application under Rule 3.1.1(aa), CSC:
(a) may make a claim against the policy providing the death and invalidity cover; and
(b) must make a claim against the policy providing the death and invalidity cover if:
(i) this is permitted under the policy; and
(ii) the member is unable to make a claim or has requested that CSC do so on their behalf;
unless the insurance company does not provide cover in respect of the member under that policy.
4.1.3A Where a person who has been provided with death and invalidity cover under Rule 4.1.2 dies, or makes an application for a claim against their invalidity cover, CSC must make a claim against the policy providing the death and invalidity cover.
Note:
CSC may determine the terms and conditions that apply to an application for a claim against an invalidity insurance policy for persons holding invalidity cover under Rule 4.1.2.
4.1.3B Any amount paid by an insurance company to CSC in response to a claim under Rule 4.1.3A against a policy providing death and invalidity cover must be paid into the PSSAP Fund and is credited to the personal accumulation account of the PSSAP member.
4.1.4 Any amount paid by an insurance company to CSC in response to a claim under Rule 4.1.3 against a policy providing death and invalidity cover must be paid into the PSSAP Fund and is credited to the personal accumulation account of the ordinary employer‑sponsored member.
Death and invalidity cover premiums
4.1.5 All premiums for death and invalidity cover are to be paid by CSC from the PSSAP Fund.
4.1.6 Subject to Rule 4.1.7, the premium for death and invalidity cover provided in respect of a PSSAP member is the amount determined by CSC, being the same amount as the amount of premium specified in the death and invalidity cover policy, and must be deducted from the personal accumulation account of the person.
4.1.7 Where a premium payable for death and invalidity cover is more than the amount in the personal accumulation account of the PSSAP member, Rule 4.1.6 shall not apply.
Cessation of death and invalidity cover
4.1.8 The death and invalidity cover of a PSSAP member ceases in the circumstances set out in the terms and conditions agreed between CSC and the relevant insurance company or companies, but subject to the requirements of the SIS Act.
4.1.9 Subject to the SIS Act, a PSSAP member may elect to cease their death and invalidity cover, in accordance with terms and conditions determined by CSC, which may include the amount of notice that must be given, and whether the member may elect to cease cover.
Division 3
Income protection cover
CSC may arrange and offer insurance for income protection cover
4.3.1 CSC may take out a policy or policies with an insurance company or companies in its name to provide income protection cover for PSSAP members. An income protection cover policy is to be on the terms and conditions, including the circumstances, agreed between CSC and the relevant insurance company, subject to the requirements of the SIS Act.
4.3.2 A PSSAP member may be offered income protection cover subject to the terms and conditions of the policy taken out pursuant to Rule 4.3.1, unless the insurance company does not provide cover in respect of the member under that policy.
4.3.2A Subject to the SIS Act, CSC may determine the terms and conditions of any income protection cover provided to persons under Rule 4.3.2.
Cessation of income protection cover
4.3.3 The income protection cover of a PSSAP member ceases on the terms and conditions, including the circumstances, agreed between CSC and the relevant insurance company but subject to the requirements of the SIS Act.
Income protection cover premiums
4.3.4 All premiums for income protection cover are to be paid by CSC from the PSSAP Fund.
4.3.5 Subject to Rule 4.3.6, the premium for income protection cover provided in respect of a PSSAP member is the amount determined by CSC, being the same amount as the amount of premium specified in the income protection cover policy, and must be deducted from the personal accumulation account of the PSSAP member.
Note:
CSC must make a claim against a policy providing income protection cover. See Rule 3.4.2.Amounts other than income protection superannuation contribution amounts paid by an insurer in response to a claim are paid directly to the PSSAP member. They are not credited to their personal accumulation account. See Rules 3.4.3 and 3.4.4Income protection superannuation contribution amounts paid by an insurer in response to a claim are paid to CSC and then into the PSSAP Fund and credited to a personal accumulation account. See Rules 2.3.6 and 5.1.5(da).
4.3.6 Where a premium payable for income protection cover is more than the amount in the personal accumulation account of the PSSAP member, Rule 4.3.5 shall not apply.
PART 5 — OTHER MATTERS
Division 1
Personal accumulation account
CSC must keep personal accumulation accounts
5.1.1 CSC must keep a personal accumulation account and/or pension account for each PSSAP member.
Note:
A PSSAP member includes an ordinary employer‑sponsored member and a government scheme member.
5.1.2 CSC may keep only one personal accumulation account for each PSSAP member.
5.1.3 The personal accumulation account records the accumulation amount of a PSSAP member.
Accumulation amount
5.1.4 The accumulation amount of a PSSAP member is equal to the total of the amounts credited to the personal accumulation account of the PSSAP member under Rule 5.1.5 less the total of the amounts debited to the personal accumulation account under Rule 5.1.6.
5.1.5 If any or all of the following amounts are paid to the PSSAP Fund in respect of a PSSAP member, the amounts must be credited to the person’s personal accumulation account:
(a) basic employer contributions;
(b) any additional employer contributions;
(c) employee contributions that have been paid by the PSSAP member;
(d) eligible spouse contributions accepted by CSC under Part 2 of the Rules paid on behalf of the PSSAP member;
(da) any income protection superannuation contribution amount paid under Rule 2.3.4A;
(e) the interest credited (if any) in respect of fund earnings on the person’s accumulation amount as decided by CSC under Rule 5.2.1;
(f) any amount paid by an insurance company to CSC in respect of the person in response to a claim against a life policy unless the amount is an amount referred to in Rule 3.4.3;
(g) any transfer amounts;
(h) any amount credited to the person’s personal accumulation account under Rule 7.2.2;
(i) amount of any tax offset as determined by CSC;
(j) any amount credited to the person’s personal accumulation account under Rule 3.6.8;
(k) any amount paid to CSC under Rule 2.4A.1.
5.1.6 If any or all of the following amounts are paid from the PSSAP Fund or are payable by or in respect of a PSSAP member the amounts must be debited from the person’s personal accumulation account:
(a) income tax as determined by CSC;
(b) any insurance premium payable under Rule 4.1.6 and 4.3.5 paid from the person’s accumulation amount;
(c) the interest debited (if any) in respect of fund losses on the person’s accumulation amount as decided by CSC under Rule 5.2.1;
(d) any benefit paid to or in respect of the PSSAP member from their accumulation amount including any benefit paid as a roll‑over or transfer;
(e) any fees, costs and expenses paid from the person’s personal accumulation account under Rule 5.4.3 and Rule 2.5.1;
(f) any surcharge payable by CSC under Rule 5.3.1 in respect of the PSSAP member;
(g) any benefit paid to or in respect of the PSSAP member from their accumulation amount under Rule 3.1.1(g);
(h) any amount paid under Rule 3.1.21 in respect of an application made by a PSSAP member under Rule 3.1.1(j);
(i) any amount paid in respect of the PSSAP member under Rule 3.1.11A.
Division 2
Crediting of fund earnings and debiting of fund losses
Crediting of earnings and debiting of expenses and losses
5.2.1 CSC may determine the amounts to be credited or debited to a person’s personal accumulation account under Rule 5.1.5(e) and 5.1.6(c) that reasonably reflects the after tax earnings or losses derived from the investment of the amount in the account.
5.2.2 In determining the amount referred to in Rule 5.2.1 CSC must have regard to:
(a) the charges, costs and expenses incurred in the investment of amounts in all personal accumulation accounts; and
(b) if, under Rule 5.4.1, a PSSAP member may choose between two or more investment strategies — the investment strategies chosen by the PSSAP member for their personal accumulation account.
Note: The PSSAP is subject to provisions relating to financial management of funds (including solvency and winding up of accumulation funds) set out at Part 9 of the SIS Regulations.
Division 3
Superannuation surcharge
Application of the Superannuation Contributions Tax
5.3.1 CSC must pay from the PSSAP Fund any amount of surcharge payable in respect of an assessment of surcharge on surchargeable contributions for a PSSAP member held in the PSSAP Fund.
Note: As well as covering possible surcharge assessments received in respect of surchargeable contributions made on or after 1 July 2005 (legislation has been introduced in Parliament to abolish the surcharge from 1 July 2005), Rule 5.3.1 will cover surcharge assessments received in relation to surchargeable contributions made before 1 July 2005 and transferred by PSSAP members to the PSSAP Fund.
Division 4
Member investment choice
Member Investment Choice
5.4.1 CSC may offer PSSAP members the opportunity to elect to have amounts held in their personal accumulation account invested in accordance with a particular investment strategy.
5.4.2 CSC may determine when and how PSSAP members, or particular PSSAP members, may make or change an election about their choice of investment strategy.
5.4.3 CSC may determine, in relation to choice of investment strategy, the fees, costs and expenses to be paid from a person’s personal accumulation account, including, fees, costs and expenses in connection with the investment of contributions, the realisation of those investments, the choice of an investment strategy and changes to an investment strategy.
Division 5
Incorrectly paid amounts
CSC must redirect incorrectly paid amounts and correct the PSSAP Fund
5.5.1 If any moneys paid to or withdrawn from the PSSAP Fund, in the opinion of CSC, have been paid to or withdrawn from the PSSAP Fund by mistake (whether of law or of fact), CSC must take steps to correct the mistake, including:
(a) in the case of moneys paid by mistake — refunding those moneys to the person who paid them to the PSSAP Fund and doing all things necessary to correct the records of the PSSAP Fund to reflect such refunding;
(b) in the case of moneys withdrawn by mistake — taking all reasonable steps to recover the moneys and doing all things necessary to correct the records of the PSSAP Fund to reflect such recovery.
Note: Among other things, Rule 5.5.1 covers the situation where an amount transferred to CSC by the Australian Taxation Office under Rule 2.4.1(c) or (d) has been found, upon reassessment by the Commissioner of Taxation, to be more than the correct amount.
CSC must redirect incorrectly paid amounts and correct personal accumulation accounts, pension accounts and non‑member spouse accounts
5.5.2 If any moneys paid to or withdrawn from the personal accumulation account, pension account or non‑member spouse interest account of a PSSAP member, PSSAP pensioner or reversionary beneficiary were, in the opinion of CSC, paid into or withdrawn from the respective account by mistake (whether of law or of fact), CSC must take steps to correct the mistake, including:
(a) withdrawing an amount from the personal accumulation account, pension account or non‑member spouse interest account or paying an amount to the personal accumulation account, pension account or non‑member spouse interest account; and
(b) doing all things necessary to correct the records of the PSSAP Fund to reflect action taken under paragraph (a).
CSC must return contributions that should not have been accepted
5.5.3 If CSC becomes aware that it has accepted contributions in relation to a PSSAP member which should not be accepted into the PSSAP Fund under the SIS Act, CSC must repay, return or refund them to the contributor and make any adjustments it considers appropriate to the personal accumulation account of the PSSAP member. Subject to the SIS Act, CSC may adjust the repaid, returned or refunded contributions for:
(a) insurance premiums paid from the person’s personal accumulation account during the period the contributions were held in the PSSAP Fund;
(b) interest (if any) in respect of the fund earnings or fund losses for the period the contributions were held in the PSSAP Fund; and
(c) fees, costs and expenses paid from the person’s personal accumulation account during the period the contributions were held in the PSSAP Fund.
Note: Among other things, Rule 5.5.3 covers the situation where a member contributes an amount that exceeds the non‑concessional contribution cap and CSC must return that amount, in accordance with the SIS Act.
PART 6 — REVIEW OF DECISIONS
Division 1
Reconsideration Advisory Committees
Establishing Reconsideration Advisory Committees
6.1.1 CSC will establish one or more Reconsideration Advisory Committees comprising people with such qualifications as CSC determines and may refer a decision of CSC, or of a delegate of CSC, to be considered by a Reconsideration Advisory Committee. A member of a Reconsideration Advisory Committee may also be a director of CSC.
6.1.2 Subject to CSC directions, a Reconsideration Advisory Committee will regulate its own affairs.
CSC responsibilities to Reconsideration Advisory Committees
6.1.3 Where CSC has referred a decision in relation to PSSAP to a Reconsideration Advisory Committee, CSC is to provide the Committee with all relevant evidence and information.
Recommendation by Reconsideration Advisory Committees
6.1.4 Where CSC has referred a decision in relation to PSSAP to a Reconsideration Advisory Committee for review and to make a recommendation to CSC, the Committee is to review the decision and make a recommendation to CSC whether the decision should be affirmed, varied, substituted or set aside.
Division 2
Reconsidering delegate’s decisions
Request for reconsideration
6.2.1 A person affected by a decision in relation to PSSAP made by a delegate of CSC may request CSC to reconsider the original decision.
6.2.2 A request for reconsideration must be made in writing, or any other form acceptable to CSC, and must set out the particulars of the decision to be reconsidered.
Reconsideration of decision of delegate
6.2.3 Where CSC accepts a request to reconsider a decision of a delegate of CSC in relation to PSSAP, CSC must:
(a) if CSC has delegated to a Reconsideration Advisory Committee CSC’s power to determine the matter, refer the request to the Committee for review and to exercise that power and in that event the Committee must review the decision and determine the matter in accordance with the delegated power by:
(i) affirming the decision under review;
(ii) varying the decision;
(iii) substituting another decision; or
(iv) setting the decision aside; or
(b) itself review the decision and decide whether to affirm the decision, vary the decision, substitute another decision or set the decision aside, after considering the recommendation of a Reconsideration Advisory Committee, if any, if, at its discretion, it has referred the request to the Committee for review and to make a recommendation in relation to the decision.
Decision to be notified to affected person
6.2.4 The decision of CSC or the Reconsideration Advisory Committee under Rule 6.2.3 on a reconsideration must be notified to the person requesting reconsideration of the original decision. The notification is to include a statement of reasons for the decision.
Division 3
Reconsidering CSC Decisions
Request for reconsideration
6.3.1 A person affected by a decision of CSC in relation to PSSAP, including a decision under Division 2 or 4 of this Part, may request CSC to reconsider that decision.
6.3.2 A request for reconsideration of a decision of CSC in relation to PSSAP must be made in writing and:
(a) set out the particulars of the decision to be reconsidered;
(b) specify the grounds for the request;
(c) include new evidence, being evidence not previously known to CSC, supporting the grounds for the request; and
(d) be accompanied by the fee prescribed under the Act.
6.3.3 CSC must not proceed with a request for reconsideration of a decision of CSC in relation to PSSAP:
(a) that does not include new evidence; or
(b) if in the opinion of CSC, the evidence included in the request does not support the grounds specified for the request;
and CSC may refund the fee paid. CSC may subsequently proceed with the request if sufficient new evidence is provided.
Clear decision in favour of person
6.3.4 If CSC accepts a request to reconsider a decision of CSC in relation to PSSAP, CSC may decide in favour of the person seeking reconsideration without referring the request to a Reconsideration Advisory Committee or to an Assessment Panel if, after considering:
(a) the new evidence provided with the request; and
(b) any other evidence CSC considers relevant;
it is satisfied there is no reasonable doubt it should decide in favour of the person.
Reconsideration of decision of CSC
6.3.5 Where CSC accepts a request to reconsider one of its decisions in relation to PSSAP, CSC, unless under Rule 6.3.4 it has decided in favour of the person seeking reconsideration, must:
(a) if CSC has delegated to a Reconsideration Advisory Committee CSC’s power to determine the matter, refer the request to the Committee for review and to exercise that power and in that event the Committee must review the decision and determine the matter in accordance with the delegated power by:
(i) affirming the decision under review;
(ii) varying the decision;
(iii) substituting another decision; or
(iv) setting the decision aside; or
(b) itself review the decision and decide whether to affirm the decision, vary the decision, substitute another decision or set the decision aside, after considering the recommendation of a Reconsideration Advisory Committee, if any, if, at its discretion, it has referred the request to the Committee for review and to make a recommendation in relation to the decision;
after first obtaining, if appropriate, the recommendation of an Assessment Panel, and the Committee or CSC, as the case requires, may, at its discretion, refund the fee paid.
Decision to be notified to affected person
6.3.6 The decision of CSC or the Reconsideration Advisory Committee under Rule 6.3.5 must be notified to the person requesting reconsideration of the original decision. The notification is to include a statement of reasons for the decision.
Division 4
CSC initiated reconsiderations
CSC may initiate a reconsideration of a decision
6.4.1 CSC, on its own motion, may initiate the reconsideration of a delegate’s decision or a decision of CSC in relation to PSSAP and may vary the decision, substitute another decision or set the decision aside. CSC will advise the person affected of that reconsideration and any changed decision.
PART 7 — FAMILY LAW SUPERANNUATION SPLITTING
Division 1
CSC powers and duties: superannuation interests subject to payment split
Powers and duties of CSC: adoption of SIS Regulations
7.1.1 Subject to this Part, where an interest in the PSSAP Fund becomes subject to a payment split under the Family Law Act 1975:
(a) CSC shall have the same powers and duties in relation to the interest as a trustee has under Part 7A of the SIS Regulations in relation to a relevant accumulation interest;
(b) a non‑member spouse in relation to the interest has the same rights in relation to benefits connected with the interest as the non‑member spouse would have in relation to benefits connected with the interest if Part 7A of the SIS Regulations applied in relation to the interest; and
(c) a member spouse in relation to the interest has the same rights in relation to reduction of benefits connected with the interest as the member spouse would have in relation to such reduction if Part 7A of the SIS Regulations applied in relation to the interest.
Division 2
CSC to establish a non‑member spouse interest account where a non‑member spouse interest is created
CSC to establish a non‑member spouse interest account
7.2.1 Where CSC creates a non‑member spouse interest, CSC must create an account to which the value of the non‑member spouse interest is credited (non‑member spouse interest account).
Note: Regulation 7A.20 of the SIS Regulations governs the apportionment of the non‑member spouse interest among unrestricted non‑preserved benefits, restricted non‑preserved benefits and preserved benefits.
Administration fees debited from non‑member spouse interest account
7.2.1A There must be debited from a non‑member spouse interest account fees determined by CSC under Rule 7.2.1B.
7.2.1B CSC may determine fees to be paid from a non‑member spouse interest account relating to the costs of the administration of the Act and this Deed (generally and in matters relating more specifically to the account).
Payments made under a release authority
7.2.1C There must be debited from a non‑member spouse interest account any amount paid by CSC under Rule 3.1.11A in respect of the non‑member spouse.
CSC to consolidate non‑member spouse interest account and personal accumulation account
7.2.2 Where the non‑member spouse is a PSSAP member with both a personal accumulation account and a non‑member spouse interest account, CSC shall, within 28 days after being requested to do so by the non‑member spouse:
(a) increase the amount credited to the personal accumulation account of the PSSAP member by the amount credited to the non‑member spouse interest account; and
(b) thereafter and on the same day reduce to zero the value of the non‑member spouse interest account and then close the non‑member spouse interest account.
Division 3
Rights and restrictions applying to anon‑member spouse interest
CSC may determine terms and conditions for non member spouse interest
7.3.1 Subject to the provisions of this Division, CSC may, in creating a
non‑member spouse interest, determine terms and conditions for the non‑member spouse interest.
Right of non‑member spouse to benefits
7.3.2 Subject to the SIS Act, the rights of a non‑member spouse or their legal personal representative applying for benefits or the roll‑over of benefits in relation to their non‑member spouse interest are the same as those of a PSSAP member who has ceased to be an ordinary employer‑sponsored member — or their legal personal representative — applying for benefits or the roll‑over of benefits in relation to an interest in the PSSAP Fund of the PSSAP member.
Right of person claiming death benefits
7.3.3 Subject to the SIS Act, the rights of persons claiming death benefits upon the death of a non‑member spouse in relation to their non‑member spouse interest are the same as the rights of persons claiming death benefits upon the death of a PSSAP member in relation to the interest in the PSSAP Fund of the deceased PSSAP member.
CSC may offer non‑member spouse choice of investment strategy
7.3.4 CSC may offer a non‑member spouse the opportunity to elect to have amounts held in his or her non‑member spouse interest account invested in accordance with a particular investment strategy.
7.3.5 CSC may determine when and how a non‑member spouse may make or change an election about their choice of investment strategy.
7.3.6 CSC may determine the administration fees to be paid from a person’s non‑member spouse interest account for changing elections about choice of investment strategy.
Employee contributions not able to be credited to non‑member spouse interest account
7.3.8 CSC shall not accept employee contributions, contributions by an employer or transfer amounts, including those referred to in Part 2, Division 4, for the purpose of them being credited to the non‑member spouse interest account.
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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in 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
Name
Registration
Commencement
Application, saving and transitional provisions
Deed to Establish the Public Sector Superannuation Accumulation Plan 2005
30 June 2005 (F2005L01901)
1 July 2005
First Amending Deed 2006
1 Aug 2006 (F2006L02524)
2 Aug 2006 (c 1)
—
Second Amending Deed 2007
28 June 2007 (F2007L01942)
c 3.1, 4.4 and 4.8: 29 June 2007Remainder: 1 July 2007
—
Third Amending Deed 2008
18 Apr 2008 (F2008L01089)
28 Mar 2008 (c 1)
—
Fourth Amending Deed 2009
25 June 2009 (F2009L02531)
c 3.1, 3.2–3.9: 1 July 2009Remainder: 26 June 2009
c 5
Fifth Amending Deed 2011
30 June 2011 (F2011L01390)
1 July 2011 (c 1)
—
Sixth Amending Deed 2012
15 Feb 2012 (F2012L00319)
16 Feb 2012 (c 1)
c 3
Seventh Amending Deed 2013
7 Jan 2013 (F2013L00027)
1 July 2013 (c 1)
c 3
Eighth Amending Deed 2013
25 Mar 2013 (F2013L00551)
26 Mar 2013 (c 1)
c 3
Ninth Amending Deed 2013
7 June 2013 (F2013L00934)
c 7, 8: 1 July 2014c 9: 1 July 2013Remainder: 8 June 2013
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Rule 4.3.3 of the Schedule
Kind of editorial change
Give effect to the misdescribed amendment as intended
Details of editorial change
Schedule 1 item 38 of the Superannuation Amendment (PSSAP Trust Deed – Membership) Instrument 2020 provides as follows:
38 Rule 4.3.3, 4.3.5 and Note, and 4.3.6 of the Schedule
Omit “or non-member spouse” and “or non-member spouse interest account” where occurring.
The words “or non-member spouse” do not appear in Rule 4.3.3 of the Schedule. However, the words “or non member spouse” do appear.
This compilation was editorially changed to omit the words “or non member spouse” from Rule 4.3.3 of the Schedule to give effect to the misdescribed amendment as intended.