Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION NO. 1 1991 NO. 107

STATUTORY RULES 1991 No. 107

ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE

SUPERANNUATION ACT 1990

DECLARATION UNDER PARAGRAPH 6(1)(j)

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

Section 6 of the Act specifies the persons 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 scheme.

The Declaration contained in the Statutory Rule and cited as "Superannuation (PSS) Membership Inclusion Declaration No. 1" specifies certain statutory office holders and employees of the Dairy Research and Development Corporation who may be members of the PSS scheme.

The Dairy Research and Development Corporation was established on 1 April 1990 under the Primary Industries and Energy Research and Development Act 1989. The Corporation is not staffed under the Public Service Act 1922 and is not an approved authority for the purposes of the Act; as a consequence, employees of the Corporation in general do not have access to the PSS scheme.

Staff of the Corporation presently include persons who are seconded from the Australian Dairy Corporation. These persons include persons who are members of the PSS. The Dairy Research and Development Corporation proposes to directly employ these and other persons.

It is intended that persons who were members of the PSS scheme immediately before becoming employed by or holding appointment with the Dairy Research and Development Corporation should be permitted to remain members. To achieve this it is intended that the persons concerned be declared in a class of persons to which section 6 of the Act applies.

The Declaration contained in the Statutory Rule provides that directors and employees of the Dairy Research and Development Corporation shall be PSS scheme members if, immediately before becoming such directors or employees, they were PSS scheme members or had made an election under the Superannuation Act 1976 to become PSS scheme members, but do not become members of another scheme applying to employment with the Corporation.

Persons who are members of the PSS scheme to whom the mobility provisions of Part IV of the Public Service Act 1922 apply are covered under the existing provisions of the Act and are excluded from the scope of the Declaration.

In accordance with section 45 of the Act, a declaration under paragraph 6(1)(j) 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 the date of gazettal.