Superannuation (PSS) Membership Exclusion Declaration 1995
Statutory Rules 1995 No. 217 as amended
made under paragraph 6 (2) (c) of the 
Superannuation Act 1990
Consolidated as in force on 15 December 1999
(includes amendments up to SR 1999 No. 320)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Superannuation (PSS) Membership Exclusion Declaration 1995
Statutory Rules 1995 No. 217 as amended
made under paragraph 6 (2) (c) of the
Superannuation Act 1990

Contents
Page
	1	Name of Declaration [see Note 1]	2
	2	Commencement	2
	3	Interpretation	2
	4	Persons to whom section 6 of the Act does not apply	5
	5	Repeal of Superannuation (PSS) Membership Exclusion Declarations	5
Schedule	Persons to whom section 6 of the 1990 Act does not apply	6
Notes	22

  

1	Name of Declaration [see Note 1]
		This Declaration is the Superannuation (PSS) Membership Exclusion Declaration 1995.
2	Commencement
		This Declaration commences on 1 July 1995.
3	Interpretation
	(1)	In this Declaration, unless the contrary intention appears:
1922 Act means the Superannuation Act 1922.
1976 Act means the Superannuation Act 1976.
1990 Act means the Superannuation Act 1990.
ACT Government Service means the Service established by subsection 12 (1) of the Public Sector Management Act 1994 of the Australian Capital Territory.
designated position means a position designated by the Governor of the State of New South Wales, either generally or in relation to a particular person, under subsection 43B (2) of the Meat Industry Act 1978 of that State.
eligible employee has the meaning given by the 1976 Act.
PSS member means a person who is a member of the Public Sector Superannuation Scheme.
performance pay means a payment called by that name made under an agreement under Part VIB of the Industrial Relations Act 1988 and includes a payment called by that name made under an industrial agreement under Division 3A of Part VI of that Act as in force immediately before 30 March 1994.
prescribed person means a person who holds office or is employed under terms and conditions that enable the person to choose whether to take part of his or her remuneration in a non-monetary form (for example, a top-up arrangement).
private superannuation scheme means a scheme, fund or arrangement, however established, under which superannuation or retirement benefits are payable, but does not include a scheme established by or under an Act of a State, a Territory or the Commonwealth.
productivity benefits means benefits that are productivity related benefits within the meaning of section 110A of the 1976 Act.
Public Service Act means the Public Service Act 1922.
superannuation scheme means a superannuation or retirement benefits scheme applying to persons by reason of their being engaged in certain employment but, subject to subclause (3), does not include:
	(a)	the Public Sector Superannuation Scheme; or
	(b)	a scheme to the extent that membership of that scheme by the person is for the preservation or payment of productivity benefits; or
	(c)	the scheme provided for by the 1976 Act to the extent that membership of that scheme by the person relates to other employment; or
	(d)	a scheme to the extent that participation in that scheme on the person’s behalf by the person’s employer is for purposes solely related to satisfying the employer’s obligations under the Superannuation Guarantee (Administration) Act 1992.
top-up arrangement means an arrangement in relation to the employment of, or the holding of an office by, a person (the payee):
	(a)	under which:
	(i)	another person (the payer) contributes, on behalf of the payee, to a superannuation scheme (which may be a scheme that applies only to the payee) under which superannuation or retirement benefits are payable to, or in relation to, the payee; and
	(ii)	the contributions are part of, and not additional to, the payee’s overall remuneration package provided by the payer; and
	(b)	that is entered into on the basis that:
	(i)	the payee continues to be, or becomes, a member of the Public Sector Superannuation Scheme; and
	(ii)	the payer continues to be, or becomes, the designated employer of the payee;
		in relation to that employment or holding of office.
Note   Unless the contrary intention appears, terms defined in the Superannuation Act 1990 have the same meaning in this Declaration. For example, section 3 of that Act contains the following definition: 
“Public Sector Superannuation Scheme means the superannuation scheme established by the Trust Deed”.
	(2)	For the purposes of this Declaration, a person is taken to be a member of a superannuation scheme for top-up purposes if the person is a member of the scheme only because of:
	(a)	a top-up arrangement; or
	(b)	a top-up arrangement and any of the following circumstances:
	(i)	contributions relating to performance pay are made to the scheme;
	(ii)	the person is a member of the scheme for the purpose of the preservation, or payment, of productivity benefits;
	(iii)	participation in the scheme on the person’s behalf by the person’s employer is for purposes solely related to satisfying the employer’s obligations under the Superannuation Guarantee (Administration) Act 1992.
	(3)	In:
	(a)	subclause (2); and
	(b)	a reference in the Schedule to a scheme of which a person is taken, under subclause (2), to be a member; and
	(c)	paragraph (a) of the definition of top-up arrangement;
superannuation scheme has the meaning that it would have if paragraphs (b) and (d) were omitted from the definition of that expression in subclause (1).
4	Persons to whom section 6 of the Act does not apply
	(1)	Subject to subclauses (2) and (3), section 6 of the 1990 Act does not apply to a person mentioned in the Schedule.
	(2)	Item 34 of the Schedule ceases to have effect in relation to a person described in that item if the person is permanently appointed to the Australian Public Service after the day that is the staff transfer day (within the meaning of section 3 of the Repatriation Institutions (Transfer) Act 1992) in relation to the person.
5	Repeal of Superannuation (PSS) Membership Exclusion Declarations
		Statutory Rules 1991 Nos. 17, 254 and 420; 1992 Nos. 419 and 459 and 1994 Nos. 132, 217, 270, 300, 400 and 446 are repealed. 

Schedule	Persons to whom section 6 of the 1990 Act does not apply
(clause 4)
  
1		A person who: 
	(a)	on 31 January 1991 was employed under section 82AC of the Public Service Act in the Transport and Storage Group within the Department of Administrative Services; and 
	(b)	holds an appointment, with effect on and from 1 February 1991, as an officer under section 42A of that Act; and 
	(c)	is not an eligible employee; and 
	(d)	has not, at any time: 
	(i)	made a declaration and election under subsection 244 (1) of the 1976 Act; or 
	(ii)	made a request in writing, in a form approved by the Board, to become a member of the Public Sector Superannuation Scheme. 
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)	Air Services Act 1995; 
	(b)	Australian Industry Development Corporation Act 1970; 
	(c)	Australian Meat and Live-stock Corporation Act 1977; 
	(d)	Australian National University Act 1991; 
	(e)	Australian Postal Corporation Act 1989; 
	(f)	Maritime College Act 1978.
22A		A person who holds a statutory office under the University of Canberra Act 1989 of the Australian Capital Territory.
23		A person who holds a statutory office under a law of the Northern Territory of Australia. 
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		Scheme become compulsorily payable under the Superannuation Industry (Supervision)) Act 1993.
36		A person (in this item referred to as a contributions-barred person) in respect of whom, under the Superannuation Industry (Supervision) Act 1993, contributions to a regulated superannuation fund cannot be accepted, other than: 
	(a)	a person who: 
	(i)	immediately before the commencement of this item, was a PSS member; and 
	(ii)	has since remained a PSS member; or 
	(b)	a person (not being a person referred to in paragraph (a)) who: 
	(i)	immediately before becoming a contributions-barred person, was a PSS member; and 
	(ii)	has since remained a PSS member. 
37		A person who: 
	(a)	because of a declaration made under subsection 19 (2) of the Public Sector Management (Consequential and Transitional Provisions) Act 1994 of the Australian Capital Territory, is taken to have been employed, on and after the day specified in the declaration: 
	(i)	as an officer or employee in a specified government agency under the Public Sector Management Act 1994 of that Territory; or 
	(ii)	by that Territory on indefinite tenure in a specified government agency under the Public Sector Management (Consequential and Transitional Provisions) Act 1994 of that Territory; and 
	(b)	has not ceased to be so employed; and 
	(c)	was not, immediately before the day specified in the declaration, a PSS member; and 
	(d)	before the commencement of this item, has asked, in writing, not to be treated as a PSS member; and 
	(e)	since the commencement of this item, has not asked, in writing, to become a PSS member. 
38		A person who, on or after 1 August 1998, became or becomes a person to whom Division 2 or 3 of Part IV of the Public Service Act applies, unless the person is a person who is a PSS member because of a Declaration made under paragraph 6 (i) (j) of the 1990 Act.
39		A person who:
	(a)	immediately before the commencement of the Public Service Act 1999, was not a PSS member; and
	(b)	on the commencement of the Public Service Act 1999, became an APS employee for the purposes of that Act and a permanent employee for the purposes of the Superannuation Act 1990; and
	(c)	has not subsequently ceased to be an APS employee for the purposes of the Public Service Act 1999; and
	(d)	has not requested, in writing, to be treated as a PSS member.
	40	A person who:
	(a)	immediately before the commencement of the  Parliamentary Service Act 1999, was not a PSS member; and
	(b)	on the commencement of the Parliamentary Service Act 1999, became a Parliamentary Service employee for the purposes of that Act and a permanent employee for the purposes of the Superannuation Act 1990; and
	(c)	has not subsequently ceased to be a Parliamentary Service employee for the purposes of the Parliamentary Service Act 1999; and
	(d)	has not requested, in writing, to be treated as a PSS member.
	41	A person who:
		if a body known as the Federal Magistrates Court is established by statute, becomes a Federal Magistrate.

Notes to the Superannuation (PSS) Membership Exclusion Declaration 1995
Note 1
The Superannuation (PSS) Membership Exclusion Declaration 1995 (in force under the Superannuation Act 1990) as shown in this consolidation comprise Statutory Rules 1995 No. 217 amended as indicated in the Tables below. 
Table of Statutory Rules
Year and 
number	Date of notification 
in Gazette	Date of
commencement	Application, saving or
transitional provisions	
1995 No. 217	30 June 1995	1 July 1995		
1995 No. 233	6 July 1995	6 July 1995	—	
1996 No. 4	31 Jan 1996	31 Jan 1996	—	
1996 No. 172	13 Aug 1996	13 Aug 1996	—	
1997 No. 71	8 Apr 1997	8 Apr 1997	—	
1997 No. 324	28 Nov 1997	1 Dec 1997	—	
1998 No. 243	31 July 1998	1 Aug 1998	—	
1999 No. 168	30 Aug 1999	30 Aug 1999	—	
1999 No. 277	26 Nov 1999	5 Dec 1999 (see r. 2 and Gazette 1999, No. S584)	—	
1999 No. 299	3 Dec 1999	5 Dec 1999 (see r. 2 and Gazette 1999, No. S584) (a)	—	
1999 No. 320	15 Dec 1999	15 Dec 1999	—	
(a)	The Parliamentary Service Act 1999 commenced on the same day as the Public Service Act 1999.
Table of Amendments
ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted	
Provision affected	How affected	
C. 1		rs. 1999 No. 277	
C. 3		am. 1997 No. 71	
C. 4		am. 1998 No. 243; 1999 No. 168	
Schedule		am. 1995 No. 233; 1996 No. 4; 1996 No. 172; 1997 No. 324; 1998 No. 243; 1999 Nos. 168, 277, 299 and 320