Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION NO. 11 1994 NO. 16

STATUTORY RULES 1994 No. 16

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, 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.

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.

Recent legislation for the restructuring of the Commonwealth's wool organisations took effect on 1 December 1993. Two new bodies, the Australian Wool Research and Promotion Organisation and Wool International, have replaced the Australian Wool Corporation, the Australian Wool Realisation Commission and the Wool Research and Development Corporation.

Section 36 of the Wool Legislation (Repeals and Consequential Provisions) Act 1993 provides for the transition of staff, from the replaced organisations to the two new ones, on terms and conditions not less favourable than those on which they were employed immediately before the commencement of the Act, provided the employment is continuous.

The Declaration contained in the Statutory Rules and cited as "Superannuation (PSS) Membership Inclusion Declaration No. 11" provides that if the Managing Director or any employees of the Australian Wool Research and Promotion Organisation or the Chief Executive or any employees of Wool International were members of the PSS scheme before transferring in accordance with section 36 of the Wool Legislation (Repeals and Consequential Provisions) Act 1993, to the new bodies, on 1 December 1993, they may continue to be members. No other employees of the new bodies may become members of the PSS scheme.

The Declaration is taken to have commenced on 1 December 1993. Written requests have been received from each of the employees concerned that they be permitted to continue their membership of the PSS scheme after transferring. The appropriate employer and employee contributions have been paid in full up to the date of the making of this Declaration. In these circumstances, the retrospectivity of the membership arrangements complies with subsection 48(2) of the Acts Interpretation Act 1901 in that the rights of the employees concerned are not affected in a manner prejudicial to them nor are liabilities imposed on them.