1

A person who:

 (a) on 31 January 1991 was employed under section 82AC of the Public Service Act in the Transport and Storage Group within the Department of Administrative Services; and

 (b) holds an appointment, with effect on and from 1 February 1991, as an  officer under section 42A of that Act; and

 (c) is not an eligible employee; and

 (d) has not, at any time:

 (i) made a declaration and election under subsection 244 (1) of the 1976 Act; or 

 (ii) made a request in writing, in a form approved by the Board, to become a member of the Public Sector Superannuation Scheme.

2

A person who:

 (a) is a staff member of the Australian Securities Commission appointed, or employed in accordance with a direction, under section 81B of the Public Service Act; and

 (b) immediately before being so appointed or becoming so employed, held office in the service of a State and:

 (i) was a member of a private superannuation scheme; or

 (ii) was not a contributor to a superannuation scheme established by or under an Act of that State because he or she had not elected to become, or had elected not to become, a contributor to a scheme of that kind, in accordance with the laws of that State; and

 (c) has not requested in writing, in a form approved by the Board, that he or she be treated as a member of the Public Sector Superannuation Scheme.

3

A person (including a person who has made an election under section 8 of the 1990 Act):

 (a) who is employed by an approved authority, whether in a permanent capacity or otherwise; and

 (b) who:

 (i) is a member of a superannuation scheme applying to that employment, other than:

 (A) a scheme to which contributions are made in relation to the person only in relation to performance pay; or

 (B) in the case of a prescribed person—a scheme of which the person is taken, under subclause 3 (2), to be a member for top-up purposes; or

 (ii) is required by the terms and conditions of his or her employment to become a member of the scheme, subject to compliance with any conditions or requirements relating to membership of the scheme.

4

A person (including a person who has made an election under section 7 of the 1990 Act):

 (a) who holds a statutory office; and

 (b) who either:

 (i) is a member of a superannuation scheme applying to holders of that office, other than:

 (A) a scheme to which contributions are made in relation to the person only in relation to performance pay; or

 (B) in the case of a prescribed person—a scheme of which the person is taken, under subclause 3 (2), to be a member for top-up purposes; or

 (ii) is required by the terms and conditions of his or her appointment to become a member of the scheme, subject to compliance with any conditions or requirements relating to membership of the scheme; and

 (c) who is not on leave of absence without pay from that office.

5

A person who:

 (a) was employed in a permanent capacity by an approved authority within the meaning of the 1922 Act immediately before the commencement of the 1976 Act; and

 (b) has since continuously been employed in a permanent capacity by that approved authority; and

 (c) was not an employee for the purposes of the 1922 Act immediately before the commencement of the 1976 Act; and

 (d) was not a member of a superannuation scheme applying to the person’s employment by that approved authority immediately before the commencement of the 1976 Act; and

 (e) has not been a member of a scheme of that kind at any time since the commencement of the 1976 Act; and

 (f) before 1 July 1990, did not ask to be treated as an eligible employee; and

 (g) has not asked to be treated as a PSS member.

6

A person who:

 (a) immediately before the commencement of the 1976 Act was entitled to make an election under subsection 66 (2), 67 (2) or 69 (1) of the 1922 Act; and

 (b) did not make an election of that kind before the commencement of the 1976 Act; and

 (c) but for paragraph 4 (1) (c) of the Superannuation (CSS) Eligible Employees Regulations:

 (i) would have been an eligible employee at the commencement of the 1976 Act; and

 (ii) would have continuously been an eligible employee from that commencement; and

 (d) before 1 July 1990, did not ask to be treated as an eligible employee; and

 (e) has not asked to be treated as a PSS member.

7

A person who:

 (a) was appointed to be an officer of the Australian Public Service under the Mint Employees Act 1964; and

 (b) after being so appointed made an election under subsection 17 (1) of that Act; and

 (c) has since continuously been an officer of that kind.

8

A person (including a person who has made an election under section 7 or 8 of the 1990 Act):

 (a) who is a permanent or temporary employee or the holder of a statutory office; and

 (b) who is a member of a superannuation scheme, other than:

 (i) a scheme to which contributions are made in relation to the person only in relation to performance pay; or

 (ii) in the case of a prescribed person—a scheme of which the person is taken, under subclause 3 (2), to be a member for top-up purposes; and

 (c) who is not on leave of absence without pay from that employment or office; and

 (d) in respect of whom the Commonwealth or the authority or other body by which he or she is employed has agreed to pay:

 (i) an amount or amounts in respect of the benefits that are, under that superannuation scheme, payable to, or in respect of, that person upon his or her ceasing to be a member of the scheme; or

 (ii) an amount or amounts in respect of contributions that are, under that scheme, payable in respect of such benefits. 

9

A person:

 (a) who is employed in a permanent capacity in a designated position; and

 (b) to whom subsection 43B (3) of the Meat Industry Act 1978 of the State of New South Wales applies.

10

A person:

 (a) who is employed in a permanent capacity in a designated position; and

 (b) who:

 (i) immediately before 1 July 1983, was a person to whom an Act of the State of New South Wales, by or under which a superannuation scheme was established, applied; and

 (ii) was not a contributor to that scheme because he or she had not made an election to become a contributor; and

 (c) who, before 1 July 1990, did not ask to be treated as an eligible employee; and

 (d) who has not asked to be treated as a PSS member.

11

A person who:

 (a) is employed, whether in a permanent capacity or otherwise, in a designated position; and

 (b) immediately before becoming employed in that position, was receiving a superannuation allowance or other benefit that was payable, in accordance with a superannuation scheme established by or under an Act of the State of New South Wales, because of his or her retirement on the ground of invalidity; and

 (c) immediately before his or her retirement, was employed in the administration of the Meat Industry Act 1978 of the State of New South Wales.

12

A person who:

 (a) is taken, under subsection 12 (3) or (4) of the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985, to be employed by the Australian Trade Commission under section 60 of the Australian Trade Commission Act 1985; and

 (b) immediately before the day from and including which the person was taken, under either of those subsections, to be so employed, was not an eligible employee; and

 (c) after becoming taken to be so employed and before 1 July 1990, did not ask to be treated as an eligible employee; and

 (d) has not asked to be treated as a PSS member.

13

A person:

 (a) who, immediately before 15 December 1986:

 (i) was employed under the Public Service Act of the Northern Territory; and

 (ii) was not a member of a superannuation scheme established under a law of the Northern Territory; and

 (iii) was not an eligible employee; and

 (b) who:

 (i) was appointed as an officer of the Australian Public Service on 15 December 1986 under Division 9F of Part III of the Public Service Act; and

 (ii) has since continuously been an officer of that Service; and

 (c) who, before 1 July 1990, did not ask to be treated as an eligible employee; and

 (d) who has not asked to be treated as a PSS member.

14

A person:

 (a) who, immediately before 16 February 1987:

 (i) was employed under the Public Service Act 1978 of the State of Western Australia; and

 (ii) was not a member of a superannuation scheme established under a law of that State; and

 (b) who:

 (i) was appointed as an officer of the Australian Public Service on 16 February 1987 under Division 9A of Part III of the Public Service Act; and

 (ii) has since continuously been an officer of that Service; and

 (c) who, before 1 July 1990, did not ask to be treated as an eligible employee; and

 (d) who has not asked to be treated as a PSS member.

15

A person:

 (a) who:

 (i) after the commencement of section 13 of the Governor-General Act 1974 and before 1 June 1985, became employed as a member of the Governor-General’s staff under that section; and

 (ii) has since continuously been employed as a member of that kind; and

 (b) who, immediately before becoming employed as a member of that kind:

 (i) was employed as a member of the Governor-General’s staff in accordance with an order under subsection 8A (1) of the Public Service Act; and

 (ii) was not an eligible employee; and

 (c) who, before 15 June 1987, had asked in writing not to be treated as an eligible employee; and

 (d) who has not asked to be treated as a PSS member.

16

A person:

 (a) who, immediately before 15 October 1987:

 (i) was employed under section 42 of the Naval Defence Act 1910; and

 (ii) was not an eligible employee; and

 (b) who:

 (i) was appointed as an officer of the Australian Public Service on 15 October 1987 under Division 9A of Part III of the Public Service Act; and

 (ii) has since continuously been an officer of that Service; and

 (c) who, before 1 July 1990, did not ask to be treated as an eligible employee; and

 (d) who has not asked to be treated as a PSS member.

17

A person:

 (a) who, immediately before 3 April 1988:

 (i) was employed under the Public Service Act 1974 of the State of Victoria; and

 (ii) was not a contributor for the purposes of the State Employees Retirement Benefits Act 1979, or the Superannuation Act 1958, of that State; and

 (b) who:

 (i) was appointed as an officer of the Australian Public Service on 3 April 1988 under Division 9A of Part III of the Public Service Act; and

 (ii) has since continuously been an officer of that Service; and

 (c) who, before 1 July 1990, did not ask to be treated as an eligible employee; and

 (d) who has not asked to be treated as a PSS member.

18

A person:

 (a) who, immediately before 1 July 1988:

 (i) was employed under section 82AC of the Public Service Act; and

 (ii) was a person to whom the order that was made under subsection 8A (1) of that Act on 1 July 1975 and subsequently amended applied; and

 (iii) was not an eligible employee; and

 (b) who:

 (i) was appointed as an officer of the Australian Public Service on 1 July 1988 under section 42 or 42A of the Public Service Act; and

 (ii) has since continuously been an officer of that Service; and

 (c) who, before 1 July 1990, did not ask to be treated as an eligible employee; and

 (d) who has not asked to be treated as a PSS member.

19

A person who is a member of the Legislative Assembly for the Australian Capital Territory, including a person who has made an election under section 7 or 8 of the 1990 Act.

20

A person:

 (a) who, immediately before 1 June 1989:

 (i) was employed under section 82AC of the Public Service Act in the Department of Administrative Services and was performing duties in the Transport and Storage Group; and

 (ii) was not an eligible employee; and

 (b) who:

 (i) on 1 June 1989, was appointed as an officer of the Australian Public Service under section 42 or 42A of the Public Service Act; and

 (ii) has since continuously been an officer of that Service; and

 (c) who, before 1 July 1990, did not ask to be treated as an eligible employee; and

 (d) who has not asked to be treated as a PSS member.

21

A person:

 (a) who:

 (i) on 1 July 1990, was a permanent employee of the Australian Wheat Board; and

 (ii) has since continuously been a permanent employee of the Board; and

 (b) who, on or after 10 March 1987 and before 1 July 1990, asked in writing not to be treated as an eligible employee; and

 (c) who has not asked to be treated as a PSS member.

22

A person who holds a statutory office under any of the following Acts:

 (a) Australian Industry Development Corporation Act 1970;

 (b) Australian Meat and Live-stock Corporation Act 1977;

 (c) Australian National University Act 1991;

 (d) Australian Postal Corporation Act 1989;

 (e) Civil Aviation Act 1988;

 (f) Maritime College Act 1978;

 (g) University of Canberra Act 1989.

23

A person who holds a statutory office under a law of the Northern Territory of Australia.

24

A person who:

 (a) was appointed as an officer of the Australian National Railways Commission under section 13 of the Railways Agreement (South Australia) Act 1975; and

 (b) has since continuously been an officer of that kind; and

 (c) is a prescribed contributor within the meaning of section 11a of the Superannuation Act 1974 of the State of South Australia.

25

A person who:

 (a) was appointed as an officer of the Australian National Railways Commission under section 13 of the Railways Agreement (South Australia) Act 1975; and

 (b) has since continuously been an officer of that kind; and

 (c) immediately before that appointment, was not a contributor to the Fund, or to the Provident Account, within the meaning of the Superannuation Act 1974 of the State of South Australia; and

 (d) before 1 July 1990, did not ask to be treated as an eligible employee; and

 (e) has not asked to be treated as a PSS member.

26

A person:

 (a) who was appointed as an officer of the Australian National Railways Commission under section 11 of the Railways (Tasmania) Act 1975; and

 (b) who has since continuously been an officer of that kind; and

 (c) who:

 (i) made an election under section 3 of the Railways (Transfer to Commonwealth) (Retirement Benefits) Act 1977 of the State of Tasmania; or

 (ii) is taken by that Act to have made an election under that section.

27

A person who:

 (a) was appointed as an officer of the Australian National Railways Commission under section 11 of the Railways (Tasmania) Act 1975; and

 (b) has since continuously been an officer of that kind; and

 (c) immediately before that appointment, was not a contributor for the purposes of the Superannuation Act 1938 or Retirement Benefits Act 1970 of the State of Tasmania; and

 (d) did not make an election under section 3 of the Railways (Transfer to Commonwealth) (Retirement Benefits) Act 1977 of the State of Tasmania; and

 (e) before 1 July 1990, did not ask to be treated as an eligible employee; and

 (f) has not asked to be treated as a PSS member.

28

A person who:

 (a) is an officer or employee of, or the holder of a statutory office in, the Australian National Railways Commission; and

 (b) immediately before 17 October 1990, was not:

 (i) a PSS member; and

 (ii) an officer or employee of, or the holder of a statutory office in, the Australian National Railways Commission.

29

A person:

 (a) to whom Division 2 or 3 of Part IV of the Public Service Act applies; and

 (b) who, immediately before that Division became applicable to him or her, was not:

 (i) a PSS member; or

 (ii) an eligible employee.

30

A person:

 (a) to whom Division 2 or 3 of Part IV of the Public Service Act applies; and

 (b) who joins a superannuation scheme (other than, in the case of a prescribed person, a scheme of which the person is taken, under subclause 3 (2), to be a member for top-up purposes) applying to his or her employment.

31

A person who:

 (a) immediately before 19 May 1994:

 (i) was employed under section 42 of the Naval Defence Act 1910; and

 (ii) was not a member of the Public Sector Superannuation Scheme; and

 (iii) was not an eligible employee who had made an election and declaration under subsection 244 (1) of the 1976 Act; and

 (b) was appointed as an officer of the Australian Public Service on 19 May 1994 under section 81B of the Public Service Act; and

 (c) has not subsequently ceased to be an officer of that Service; and

 (d) has not made a request, in writing, to be treated as a member of the Public Sector Superannuation Scheme.

32

A person who:

 (a) became an officer of the ACT Government Service (other than a fixed-term Senior Executive Service officer), under section 6 or 7 of the Public Sector Management (Consequential and Transitional Provisions) Act 1994 of the Australian Capital Territory, on the day on which that Service was established; and

 (b) continues to be an officer of that Service; and

 (c) immediately before becoming an officer of that Service, was:

 (i) an officer for the purposes of the Public Service Act; or

 (ii) a continuing employee under section 82AC of the Public Service Act; or

 (iii) a person who was taken to be a continuing employee under section 82AD of the Public Service Act ; or

 (iv) an officer or employee of a prescribed entity for the purposes of the Public Sector Management (Consequential and Transitional Provisions) Act 1994 of the Australian Capital Territory; and

 (d) immediately before becoming an officer of that Service, was not:

 (i) a PSS member; or

 (ii) an eligible employee who made an election and declaration under subsection 244 (1) of the Superannuation Act 1976; and

 (e) does not, at any time after becoming an officer of that Service, request in writing to be treated as a PSS member.

33

A person who:

 (a) is an officer (other than a fixed-term Senior Executive Service officer) of the ACT Government Service; and

 (b) was, immediately before becoming an officer of that Service:

 (i) a permanent employee of the Australian Capital Territory Totalizator Administration Board; and

 (ii) a member of the ACTTAB Limited Staff Superannuation Plan; and

 (c) was, immediately after becoming an officer of that Service, an officer performing duties for the Australian Capital Territory Totalizator Administration Board; and

 (d) continues to be an officer who performs duties for the Australian Capital Territory Totalizator Administration Board; and

 (e) does not, at any time after becoming an officer of that Service, cease to be a member of the ACTTAB Limited Staff Superannuation Plan.

34

A person who:

 (a) is appointed to the Australian Public Service under section 42A of the Public Service Act after 15 December 1994; and

 (b) immediately before being so appointed:

 (i) was employed at a hospital or other institution that is a repatriation institution for the purposes of the Repatriation Institutions (Transfer) Act 1992 (other than a hospital or institution that had been transferred to the control of a State or Territory under that Act before 16 December 1994); and

 (ii) was a continuing employee within the meaning of subsection 82 (1) of the Public Service Act; and

 (iii) was not a member of the Public Sector Superannuation Scheme.

35

A person any of whose benefits in the Public Sector Superannuation Scheme become compulsorily payable under the Superannuation Industry (Supervision)) Act 1993.