Commonwealth Numbered Regulations - Explanatory Statements

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

SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION DECLARATION NO 2 1991 NO. 34

STATUTORY RULES 1991 No. 34

ISSUED BY AUTHORITY OF THE MINISTER FOR FINANCE

SUPERANNUATION ACT 1990

DECLARATION UNDER PARAGRAPH 6(2)(c)

The Superannuation Act 1976 established the Commonwealth Superannuation Scheme (CSS) from 1 July 1976. The Public Sector Superannuation (PSS) scheme operates from 1 July 1990 under the Superannuation Act 1990 (the Act).

Generally, members of the CSS are to have the option, to be exercised during the 12 months from 1 July 1990, of remaining members of the CSS or of transferring to the PSS.

There is a deficiency in the current provisions in that a former employee with benefits under the CSS (or under the scheme established by the Superannuation Act 1922) who is reemployed by the Commonwealth could also get benefits under the PSS.

Section 6 of the Act specifies the persons who may be members of the PSS. 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 PSS.

The Declaration contained in the Statutory Rule and cited as "Superannuation (PSS) Membership Exclusion Declaration No 2" specifies those employees who may not become members of the PSS.

Paragraph 3(a) of the Declaration excludes invalidity pensioners under the Superannuation Act 1922 or the Superannuation Act 1976.

Paragraph 3(b) excludes persons to whom deferred benefits under the Superannuation Act 1976 are applicable.

Paragraph 3(c) excludes persons who have available to them a transfer value from another superannuation scheme that includes the amount of a transfer value that previously had been paid out in respect of those persons under either the Superannuation Act 1922 or the Superannuation Act 1976 who have not become members of the CSS since 1 July 1990.

The persons referred to in paragraphs 3(a) to 3(c) may become members of the CSS. Then they will have the option to transfer to the PSS. The option would last for 3 months after becoming members of the CSS.

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 with effect from the date of gazettal.