Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION DECLARATION NO. 1 1991 NO. 17

STATUTORY RULES 1991 No. 17

ISSUED BY THE AUTHORITY OF THE 14INISTER FOR FINANCE

SUPERANNUATION ACT 1990

DECLARATION UNDER PARAGRAPH 6(2)(c)

The Superannuation Act 1990 (the Act) established the Public Sector Superannuation (PSS) scheme for Commonwealth employees and certain other persons effective from 1 July 1990.

Section 6 of the Act specifies 'the persons who may be members of that scheme. Paragraph 6(1)(a) provides that a permanent employee will be a member of the scheme. This definition of "permanent employee" in section 3 of the Act includes a person who is an officer for the of the Public Service Act 1922 and any other person employed in a permanent capacity by the Commonwealth.

Paragraph 6(1)(d) of the Act provides for temporary employees who elect under section 8 of the Act to members of the scheme to be members.

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.

Certain persons employed in a temporary capacity in the Transport and Storage Group (TSG) of the Department of Administrative Services under section 82AC of the Public Service Act 1922 are to be appointed as officers under section 42A of that Act on 1 February 1991. Those persons are not presently required to become members of the PSS but can elect to do so under section 8 of the Act. Their appointment as officers under section 42A of the Public Service Act 1922 would automatically make them members of the scheme unless excluded from membership by a declaration under paragraph 6(2)(c) of the Act.

It is intended that these TSG employees should be excluded from membership, unless they at any time request to become members of the PSS scheme.

The Declaration contained in the Statutory Rule and cited as Superannuation (PSS) Membership Exclusion Declaration No 1 declares that section 6 does not apply to certain persons who are employed by the TSG. These are persons who:

•       were employed under section 82AC of the Public Service Act 1922 on 31 January 1991, and

•       hold an appointment as an officer under section 42A of the Public Service Act 1922 on and from 1 February 1991, and

•       are not already either eligible employees for the purposes of the Superannuation Act 1976 (that is they are not members of the Commonwealth Superannuation Scheme) nor members of the PSS scheme, and

•       have not at any time requested to become a member of the PSS scheme.

In accordance with section 45 of the Act, a declaration under paragraph 6(2)(c) is to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 and a Statutory Rule for the purposes of the Statutory Rules Publication Act 1903. The Declaration operates from the date of gazettal.