Defence Legislation Amendment (Superannuation and ADF Cover) Act 2015 (120 of 2015)

Schedule 1   Main amendments

Part 1   Amendments

Military Superannuation and Benefits Act 1991

58   Section 6

Repeal the section, substitute:

6 Membership of Superannuation Scheme

(1) Each of the following persons is a member of the Scheme:

(a) a person who is a member of the Permanent Forces;

(b) a member of the Reserves:

(i) whose undertaking to render a period of continuous full-time service has been accepted; and

(ii) who is rendering that continuous service under the undertaking.

(2) This section is subject to section 7.

7 Persons excluded from membership of Superannuation Scheme

Defence Force Retirement and Death Benefits scheme

(1) A person is not a member of the Scheme if the person is an eligible member of the Defence Force for the purposes of the DFRDB Act.

Those commencing on or after 1 July 2016

(2) A person is not a member of the Scheme if:

(a) the person does not have a preserved benefit that includes an amount of employer benefit; and

(b) on or after 1 July 2016:

(i) the person becomes a member of the Permanent Forces; or

(ii) the person, as a member of the Reserves, begins to render continuous full-time service under an undertaking that has been accepted.

Those choosing Australian Defence Force Superannuation

(3) A person is not a member of the Scheme if the person has chosen to become an ADF Super member under section 12 of the Australian Defence Force Superannuation Act 2015 (whether or not the person is still an ADF Super member).