Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION NO. 6 1991 NO. 421

STATUTORY RULES 1991 No. 421

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) provides for an occupational superannuation scheme (the Public Sector Superannuation (PSS) Scheme) for persons employed by the Commonwealth, and for certain other persons.

Subsection 6(1) of the 1990 Act provides that certain persons are to be members of the PSS scheme. Paragraph 6(1)(j) provides that a person declared by the Minister for Finance to be a person to whom section 6 applies is a member of the PSS.

The Declaration contained in the Statutory Rule and cited as "Superannuation (PSS) Membership Inclusion Declaration No. 6" provides for certain persons who were members of the PSS on 31 December 1991 and who were employed by the Canberra Institute of the Arts on that date to continue to be members of the PSS.

The Canberra Institute of the Arts was established under the Canberra Institute of the Arts Ordinance 1988 (the 1988 Ordinance). It is an approved authority for the purposes of the Superannuation Act 1976 (the 1976 Act) which provided for the earlier Commonwealth Superannuation Scheme (the CSS). Consequently, persons employed by the Institute before 1 July 1990 were members of the CSS.

The Institute is also an approved authority for the purposes of the 1990 Act. Accordingly, employees of the Institute had the option during the 12 months ended 30 June 1991 of staying in the CSS or transferring to the PSS. New employees after 30 June 1990 could only join the PSS.

The Australian National University Act 1991 (the ANU Act) provides for the Institute to be amalgamated with the University when the Act commences on 1 January 1992. The ANU Act also provides for the 1988 Ordinance to be repealed on that date and for the staff of the Institute to be taken to have been employed by the University with effect from that date.

The Australian National University is an approved authority for the purposes of the 1976 Act, but is not an approved authority for the 1990 Act. The University has employees who are members of the CSS, but new employees are generally required to become members of the Superannuation Scheme for Australian Universities (SSAU).

Those employees of the Institute who are members of the CSS will continue to be members of the CSS after they become employed by the University from 1 January 1992.

It is intended that those person who are employees of the Institute immediately before the amalgamation and who are members of the PSS should be permitted to remain members of the PSS upon their becoming employees of the University.

The Declaration contained in the Statutory Rule provides for continued membership of the PSS for those employees of the Institute who:

•       become employed by the University on 1 January 1992 and for as long as they continue to be employed by the University without interruption; and

•       are not members of the SSAU;

The Declaration also provides that continued membership of the PSS will not be prevented where, during a period of absence on leave without pay from the University, the person engages in other employment with the permission of the University and becomes a member of the SSAU as a consequence of that employment.

In accordance with section 45 of the 1990 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.

This Declaration operates with effect from 1 January 1992.