Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION (AMENDMENT) 1995 NO. 216

STATUTORY RULES 1995 No. 216

Issued by the Authority of the Minister for Finance

Superannuation Act 1990

Declaration under paragraph 6(1)(j)

The Superannuation Act 1990 (the 1990 Act) makes provision for and in relation to an occupational superannuation scheme known as the Public Sector Superannuation Scheme (the PSS), for Commonwealth. employees and certain other persons.

Section 6 of the 1990 Act specifies the persons who are, or who may be, members of the PSS scheme. In accordance with paragraph 6(1)(j), a person declared by the Minister for Finance to be a person to whom section 6 applies is a member of the PSS.

Section 45 of the 1990 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 contained in the Statutory Rules and cited as "Superannuation (PSS) Membership Inclusion Declaration (Amendment)" amends the Superannuation (PSS) Membership Inclusion Declaration (the Principal Declaration) to make certain technical changes and clarify the intention of one provision.

The details of the Declaration are described in the Attachment.

The Declaration commenced on 1 July 1995.

ATTACHMENT

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION (AMENDMENT)

CLAUSE 1

This clause provides that the Superannuation (PSS) Membership Inclusion Declaration (Amendment) (the Amending Declaration) commenced on 1 July 1995.

CLAUSE 2

This clause provides that the Principal Declaration is amended by the provisions of the Amending Declaration.

CLAUSE 3

Generally, membership of the PSS by a person is not permitted if that person is also a member of another employment related superannuation scheme. However, in certain circumstances, a person may be a member of the PS S while they are a member of another scheme provided that other scheme is not an 'alternative superannuation scheme' (as defined in subclause 2(1) of the Principal Declaration).

Subclause 3.1 of the Amending Declaration clarifies the intention of the definition of 'alternative superannuation scheme' by amending the description of those schemes which are excluded from the definition. These exclusions clarify some of the circumstances where a person may be permitted to be a member of another superannuation scheme as well as the PSS.

These circumstances may include where a person is a member of that scheme for the purpose of receiving a productivity benefit or other benefits which satisfy, in whole or in part, the employer's obligations in respect of the person under the Superannuation Guarantee (Administration) Act 1992. (A person may also be permitted to be a PSS member where they are taken to be a member of a scheme for top-up purposes (as described in subclause 2(2) of the Principal Declaration).)

Subclause 3.2 inserts a definition of the term 'productivity benefits' in clause 2 of the Principal Declaration. This term is used in the definition of alternative superannuation scheme and in subclause 2(2) of the Principal Declaration for describing when a person is taken to be a member of a scheme for top-up purposes.

Subclause 3.3 modifies subclause 2(2) of the Principal Declaration which describes when a person is taken to be a member of a superannuation scheme for top-up purposes which may be as a result of a top-up arrangement (defined in subclause 2(1) of the Principal Declaration) or as a result of a top-up arrangement and certain other circumstances. The amendment clarifies the intention that membership of a scheme for top-up purposes may include, as well as membership as a result of a top-up arrangement, membership for the purposes of receiving one or more of the following:

*       a benefit based on performance pay;

*       or a productivity benefit; or

*       other benefits which satisfy, in whole or in part, the employees obligations in respect of the person under the. Superannuation Guarantee (Administration) Act 1992.

CLAUSE 4

Item 2 of Schedule 4 of the Superannuation Legislation Amendment Act (No. 1) 1995 (SLAA) omits certain definitions from section 3 of the 1990 Act including the definition of 'Superannuation Scheme'. Item 3 of Schedule 4 of SLAA inserts a definition of 'Public Sector Superannuation Scheme' which is now used in lieu of the term 'Superannuation Scheme' to describe the superannuation scheme established by deed under the 1990 Act.

Subclause 4.1 of the Amending Declaration replaces references to Superannuation Scheme in the Principal Declaration with references to Public Sector Superannuation Scheme.