Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION DECLARATION NO. 9 1994 NO. 217

STATUTORY RULES 1994 No. 217

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 at an occupational superannuation scheme, known as the Public Sector Superannuation (PSS) scheme, for Commonwealth employees and certain other persons, including employees of approved authorities.,

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. Declarations made under paragraph 6(2)(c) of the 1990 Act are cited as Superannuation (PSS) Membership Exclusion Declarations.

On 1 July 1994, the Australian Capital Territory (ACT) Government established a separate ACT Government Service (ACTGS). Until that day, staff required for the conduct of the public administration of the ACT were, in most cases, transitional staff provided for in the ACT SelfGovernment (Consequential Provisions) Act 1988. Transitional staff are persons appointed or employed under the Public Service Act 1922 (the PS Act). With the establishment of the ACTGS, the transitional staff ceased to be covered by the PS Act and commenced employment under the provisions of the Public Sector Management Act 1994 (the Public Sector Act) of the Australian Capital Territory.

The Australian Capital Territory is an approved authority for the purposes of the 1990 Act. With the commencement of the ACTGS, certain persons who were compulsorily transferred to the ACTGS, and who had the option to become members of the PSS scheme before the transfer, will become officers under the Public Sector Act. As permanent employees of an approved authority they would usually become members of the PSS scheme automatically.

The declaration contained in the Statutory Rules and cited as "Superannuation (PSS) Membership Exclusion Declaration No. 9" enables those persons who will be compulsorily transferred to the ACTGS, and who had the option to become members of the PSS scheme before the transfer, to continue to have the option after the transfer where they otherwise would automatically become members. Certain transferees who have membership of another occupational superannuation scheme are to have the option to remain or join the PSS. 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 commenced on gazettal.

ATTACHMENT

SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION DECLARATION

Clause 1 - Citation

This cites the Declaration as the Superannuation (PSS) Membership Exclusion Declaration No. 9.

THE AMENDMENTS

Clause 2

This provides that the Superannuation (PSS) Membership Exclusion Declaration No. 4 is amended as set out in the Declaration.

Clause 3

This inserts a definition of "ACT Government Service" to clarify the meaning of the term used in the amending Declaration as referring to the Service established by subsection 12(1) of the Public Sector Management Act 1994 of the Australian Capital Territory.

Clause 4

This adds two new classes of persons to the Schedule to the Declaration (persons to whom section 6 of the Superannuation Act 1990 does not apply). Persons in the new classes are excluded from compulsory membership of the Public Sector Superannuation (PSS) scheme, when they become officers of the ACT Government Service, but will retain the option to join if they wish.

The new class in item 30 of the Schedule to the Declaration specifies persons who

(a)       were officers or continuing employees under the Public Service Act 1922; or

(b)       were employed by a prescribed authority. and,

(c)        are taken to be officers of the ACTGS by compulsory transfer under the Public Sector Management (Consequential and Transitional Provisions) Act 1994 of the Australian Capital Territory, on the day on which the ACT Government Service is established; and,

(d)       have not requested to be treated as PSS members.

The new class in item 31 of the Schedule to the Declaration applies to permanent employees of the Australian Capital Territory Totalizator Administration Board (ACTTAB) who:

(a)       are taken to be officers employed under the Public Sector Management Act 1994 on the day on which ACTTAB is amalgamated with the ACT Government Service; and,

(b)       remain members of the ACTTAB Limited Staff Superannuation Plan.