Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION DECLARATION. NO. 10 1994 NO. 300

STATUTORY RULES 1994 No. 300

Issued by the authority of the Minister for Finance

Superannuation Act 1990

Declaration under paragraph 6(2)(c)

The Superannuation Act 1990 (the 1990 Act) provided for the establishment of the Public Sector Superannuation Scheme (the PSS) for Commonwealth employees and certain other persons to operate from 1 July 1990.

The Superannuation Act 1976 (the 1976 Act) makes provisions for and in relation to an occupational superannuation scheme (known as the CSS) for certain Commonwealth employees and other persons. Although the CSS is closed to new members, membership of the CSS continues to be available to existing members and certain former members.

Section 6 of the 1990 Act specifies the persons who may be members of the PSS scheme. In accordance with paragraph 6(2)(c), a person declared by the Minister for Finance to be a person to whom section 6 does not apply is not to be a member of the scheme,

The intention is that those persons who were excluded from membership of the scheme established under the 1976 Act also be excluded, under similar conditions, from membership of the new scheme.

The Declaration cited as "Superannuation (PSS) Membership Exclusion Declaration. No. 4" provides that section 6 of the 1990 Act does not apply to a number of persons described in the Schedule of that Declaration. Such persons may not therefore be members of the PSS.

Item 20 of the Schedule applies to the permanent employees of the Australian Wheat Board (the AWB). Item 20 specifies that persons who were permanent employees of the AWB on 1 July 1990 and have since been continuously employed by the AWB, and who before 10 March 1987 and 1 July 1990 elected not to be treated as eligible employees, be excluded from membership of the PSS.

The amendment has the effect of allowing those employees of the Australian Wheat Board who have continuously been employed by the AWB and who elected on or after 10 March 1987 and before 1 July 1990 not to be treated as eligible employees and who have asked to be treated as PSS members to become PSS members in accordance with section 6 of the 1990 Act.

In accordance with section 45 of the 1990 Act a declaration under paragraph 6(2)(c) is to be a disallowable instrument for the purposes of section 6A of the Acts Interpretation Act 1901 and a Statutory Rule for the purposes of the Statutory Rules Publication Act 1903.

The Declaration operates with effect from the date of gazettal.