Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION NO. 3 1991 NO. 463

STATUTORY RULES 1991 No. 463

Issued by authority of the Minister for Finance

Superannuation Act 1990

Declaration under Section 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 Commonwealth employees and certain other persons.

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

The Commonwealth provides health services to veterans and their dependants through the repatriation hospitals and other facilities. These repatriation hospitals and some other repatriation institutions are to be transferred to State control as part of the integration of veterans' health services with those of the States.

On transfer of the repatriation hospitals and other repatriation institutions to State control, staff employed at these institutions may transfer to State employment. These staff are at present employed under the Public Service Act 1922 and include persons who are members of the PSS.

Staff who transfer to State employment will be taken, by virtue of the Repatriation Institutions (Staff) Act, to have resigned from the Commonwealth Public Service. Rather than superannuation resignation benefits becoming payable, it is intended that any PSS members who transfer may continue to be members of the PSS, subject to negotiations with the respective States, including negotiation on recovery of the relevant employer superannuation costs.

Superannuation (PSS) Membership Inclusion Declaration No. 3, contained in the Statutory Rule, provides that staff of a repatriation institution who transfer to State employment shall be members of the PSS if, immediately before transfer, they were PSS members (or had elected to become PSS members and do not become members of a superannuation scheme applying to employment with that State).

The Declaration also provides that the staff will continue as PSS members unless the Minister for Finance signs a certificate to the effect that satisfactory arrangements have not been made in respect of payments by the States for the staff. This provision is primarily to ensure that the States meet the cost to the Commonwealth of continuing to provide superannuation benefits for those staff.

In accordance with section 45 of the Act, a declaration under paragraph 6(1)(j) of the Act is a disallowable instrument for the purposes section 46A of the Acts Interpretation Act 1901 and a Statutory Rule for the purposes of the Statutory Rules Publication Act 1903.