Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION DECLARATION NO. 4 1991 NO. 420

STATUTORY RULES 1991 No. 420

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) provides for a new superannuation scheme for Commonwealth employees and certain other persons to operate from 1 July 1990.

Generally, members of the earlier Commonwealth superannuation scheme, established under the Superannuation Act 1976 (the 1976 Act), had the option, to be exercised during the 12 months to 30 June 1991, of remaining members of that scheme or of transferring to the new scheme. The transfer arrangements are provided for in the 1976 Act.

Section 6 of the 1990 Act specifies the persons who may be members of the new 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 contained in the Statutory Rule and 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 to that Declaration. Such persons may not therefore be members of the new scheme.

The Declaration contained in the Statutory Rule repeals three previous Declarations made under paragraph 6(2)(c) and incorporates most of the classes of persons which had been described in those Declarations. Those Declarations were published in Statutory Rules 1990 Nos 183 and 321 and in Statutory Rule 1991 No 34. By repealing the Declarations published in Statutory Rules 1990 Nos 183 and 321 and remaking them with a new citation, the revised declaration standardises the citation of declarations under paragraph 6(2)(c) of the 1990 Act.

The persons described in items 1 to 26 of the Schedule to the Declaration were excluded from membership of the earlier Commonwealth superannuation scheme and had been declared in Statutory Rule 1990 No 183 to be excluded from membership of the new scheme.

Statutory Rule 1990 No 183 had also excluded certain persons who are members of the earlier scheme and on leave of absence without pay or to whom the mobility provisions of Part IV of the Public Service Act 1922 apply. These classes of persons are now covered by the provisions of the 1976 Act, as modified by the Superannuation Legislation Amendment Act 1991, and have not been included in the revised Declaration.

The Superannuation Legislation Amendment Act 1991 also amended the 1990 Act to exclude from membership of the new scheme the classes of persons who had been described in Statutory Rule 1991 No 34 which is now repealed by the revised Declaration.

Persons described in Statutory Rule 1990 No 321, which has been repealed by the revised Declaration, are now described in item 27.

Items 28 and 29 are new exclusion provisions in respect of persons to whom the mobility provisions of Part IV of the Public Service Act 1922 apply. These provisions reflect the exclusion arrangements already existing for such persons under the 1976 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 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.