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SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION AMENDMENT DECLARATION 2000 (NO. 1) 2000 NO. 42

STATUTORY RULES 2000 No. 42

Issued by the authority of the Minister for Finance and Administration

Superannuation Act 1990

Declaration under paragraph 6(2)(c)

The Superannuation Act 1990 (the 1990 Act) makes provision for and in relation to the Public Sector Superannuation Scheme (PSS) for Commonwealth employees and for certain other persons.

Section 6 of the 1990 Act specifies the persons who are, or who may be, members of the PSS. In accordance with paragraph 6(2)(c), a person declared by the Minister for Finance and Administration to be a person to whom section 6 does not apply is not a PSS member. Declarations made under paragraph 6(2)(c) are contained in the Superannuation (PSS) Membership Exclusion Declaration (the Principal Declaration).

ACTEW Corporation is an approved authority for the purposes of the PSS, and, as such, its permanent employees are required to be PSS members and its temporary employees have an option to join the PSS in certain circumstances.

ACTEW Corporation has introduced new superannuation arrangements for new employees. Under these arrangements, new employees of ACTEW Corporation, including those for whom PSS membership continues to be available, are to be offered choice of superannuation fund.

This Declaration amends the Principal Declaration to confirm that certain new ACTEW Corporation employees who have prior links to the PSS are able to maintain their membership. The Declaration provides that these employees retain their PSS membership unless they elect to cease membership within 28 days of commencing employment with ACTEW Corporation. An employee who makes such an election can join an accumulation superannuation scheme in accordance with ACTEW Corporation's new superannuation arrangements provided under their enterprise agreement.

The Declaration has no effect on the PSS membership of PSS members already employed by ACTEW Corporation when the Declaration is made.

Details of the amendment are explained in the Attachment.

Section 45 of the 1990 Act provides that a declaration made under paragraph 6(2)(c) 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.

SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION AMENDMENT DECLARATION 2000 (NO. 1)

Clause 1

1. This clause provides that the name of the Declaration is the Superannuation (PSS) Membership Exclusion Amendment Declaration 2000 (No. 1).

Clause 2

2. This clause provides that the declaration commences on gazettal.

Clause 3

2. This clause provides that Schedule 1 amends the Superannuation (PSS) Membership Exclusion Declaration (the Principal Declaration).

Schedule 1

Item 1 inserts item 42 into the Schedule to the Principal Declaration. The inserted item provides that only a particular class of persons commencing employment with ACTEW Corporation on or after the commencement of the item can be a member of the PSS.

This class of persons includes those who immediately before commencing that employment:

(i)       were PSS members (for example because they were employed by the Commonwealth or another approved authority); or

(ii)       had preserved PSS benefits that were preserved before the commencement of this item.

The class of persons also includes a CSS member who has not had an opportunity to transfer from the CSS to the PSS. Such a person may transfer by making a declaration to become a PSS member and electing to cease to be a CSS member under section 244 of the Superannuation Act 1976.

Item 42 provides that a new employee of ACTEW Corporation included in this class of persons can choose to cease membership of the scheme by asking, in writing, not to be treated as a PSS member within 28 days of commencing employment.