Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION DECLARATION NO. 12 1994 NO. 446

STATUTORY RULES 1994 No. 446

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) makes provision for and in relation to an occupational superannuation scheme, known as the Public Sector Superannuation (PSS) scheme. The PSS is the main superannuation scheme for Commonwealth employees.

Section 6 of the 1990 Act specifies those 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 a member of the scheme.

The declaration cited as "Superannuation (PSS) Membership Exclusion Declaration No. 12" specifies that certain employees of the Department of Veterans' Affairs are persons to whom section 6 of the Act does not apply,

The Department of Veterans' Affairs employs certain persons at repatriation institutions who are "continuing employees" for the purposes of the Public Service Act 1922 (the PS Act). Some of these persons are to be declared permanent officers under section 42A of the PS Act.

Membership of the PSS is optional for employees who are not permanent. Many of the repatriation institution staff who are to be declared permanent have not exercised an option to join the PSS.

Membership of the PSS is compulsory for permanent officers under the PS Act. Therefore. those repatriation institution staff who become permanent by declaration will automatically become members of the PSS.

Superannuation (PSS) Membership Exclusion Declaration No. 12 permits repatriation institution staff to retain the option not to join the PSS, after they become permanent officers under the PS Act, unless they wish to do so. The details of the declaration are set out in the Attachment.

Section 45 of the Act provides that such a declaration is 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 with effect from Gazettal.