Commonwealth Numbered Regulations - Explanatory Statements

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

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION AMENDMENT DECLARATION 1999 (NO. 1) 1999 NO. 169

Statutory Rules 1999 No. 169

Issued by the authority of the Minister for Finance and Administration

Superannuation Act 1990

Declaration under paragraph 6(1)(j)

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(1)(j), a person declared by the Minister for Finance and Administration to be a person to whom section 6 applies is a PSS member. Declarations made under paragraph 6(1)(j) are contained in the Superannuation (PSS) Membership Inclusion Declaration 1995 (the Principal Declaration).

Section 45 of the 1990 Act provides that a declaration made 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 purpose of the Declaration contained in the Statutory Rule and cited as the Superannuation (PSS) Membership Inclusion Amendment Declaration 1999 (No. 1) is to amend the Principal Declaration to provide that persons who are PSS members immediately before commencing employment with the Australian Government Solicitor (AGS) continue to be PSS members during their employment with the AGS, except in certain circumstances. The circumstances where PSS membership ceases include where the person ceases to be an employee of AGS; or becomes, in relation to his or her employment with AGS, a member of another superannuation scheme. The other circumstance where PSS membership would cease is if AGS ceased to be controlled by the Commonwealth.

Details of the amendment are explained in the Attachment.

The Declaration commences on gazettal.

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION AMENDMENT DECLARATION 1999 (NO. 1)

Clause 1

1. This clause provides that the name of the Declaration is the Superannuation (PSS) Membership Inclusion Amendment Declaration 1999 (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 Inclusion Declaration 1995 (the Principal Declaration).

Schedule 1

Item [1] amends subclause 3(1) as a consequence of the insertion of subclause 3(10).

Item [2] inserts subclause 3(10) in the Principal Declaration. Inserted subclause 3(10) provides that membership of the PSS of AGS employees who are PSS members ceases at the end of the earliest of the following days:

(a)       the day when the person ceases to be an employee of AGS; or

(b)       the day before the person becomes a member of another superannuation scheme, other than a superannuation scheme to which contributions for the person are made only in relation to performance pay, or a superannuation

scheme of which the person is a member for top-up purposes only; or

(c)       the day immediately before the day on which AGS ceases to be Commonwealth controlled.

Item [3] inserts item 18 in the Schedule to the Principal Declaration.

Inserted item 18 provides that a person who becomes an employee of the AGS on or after that body is established on 1 September 1999 and was a member of the PSS immediately before commencing that employment is a member of the PSS during his or her employment with AGS, unless certain conditions apply.

Those conditions are that the person is not a member of another superannuation scheme in relation to his or her employment with AGS other than a superannuation scheme to which contributions in respect of the person are made only in relation to performance pay, or of which the person is a member for top-up purposes only.