Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION NO. 13 1994 NO. 250

STATUTORY RULES 1994 No. 250

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, known as the Public Sector Superannuation (PSS) scheme, for persons employed by the Commonwealth and 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.

Special superannuation arrangements operate for Commonwealth employees transferred to State employment as a consequence of the transfer of Commonwealth Repatriation institutions to State control. The arrangements include the right to continue to be members of the PSS scheme as provided for in the Act if they do not join a state scheme.

To give effect to the superannuation arrangements for staff of the Repatriation institutions, the Superannuation (PS S) Membership Inclusion Declaration No. 3 contained in Statutory Rules 1991 No. 463, enabled staff, who are taken to have resigned from the Australian Public Service in accordance with subsection 14(2) of the Repatriation Institutions (Staff) Act 1991 and on the next day continue in employment with a State as a consequence of the transfer, to remain members of the PSS scheme. Statutory Rules 1991, No. 463 was made on 12 December 1991 in order to be in place for the first proposed transfer under the Repatriation Institutions (Staff) Act 1991.

The Repatriation Institutions (Staff) Bill 1991 (the Repatriation Bill) was first presented to Parliament in 1991 and passed by the House of Representatives in November 1991. The Senate amended the Repatriation Bill in 1992 including the insertion of a new clause. The Repatriation Bill with amendments was represented to the House and was agreed to by the House. It was assented to on 17 June 1992 as the Repatriation Institutions (Transfer) Act 1992. Because of the insertion of a new clause, the provisions contained in the Repatriation Bill were renumbered such that, for example, clause 14 became clause 15.

The Superannuation (PSS) Membership Inclusion Declaration No. 3 was amended by Statutory Rules 1992 No. 214 to change the reference to the Repatriation Institutions (Staff) Act 1991 to the Repatriation Institutions (Transfer) Act 1992. However, the need to amend the reference to subsection 14(2) was not recognised at that time.

The Superannuation (PSS) Membership Inclusion Declaration No. 13 amends the Superannuation (PSS) Membership Inclusion Declaration No. 3 by replacing the reference to subsection 14 (2) of the Repatriation Institutions (Transfer) Act 1992 with a reference to subsection 15(2) of that Act.

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 commences on gazettal.