Commonwealth Numbered Regulations

1995 No. 79 SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION - REG 2

2. (1) In this Declaration:

"1976 Act" means the Superannuation Act 1976;

"1990 Act" means the Superannuation Act 1990;

"alternative superannuation scheme", in relation to particular employment of a
person with an employer, means a superannuation scheme (other than the
Superannuation Scheme), that is not:

   (a)  a scheme, or part of a scheme, that is established for the
        preservation
or payment of a benefit of the kind referred to as an "interim benefit" in the
Superannuation (Productivity Benefit) Act 1988; or

   (b)  the scheme provided for by the 1976 Act to the extent that membership
        of that scheme by the person relates to other employment (if any) with
        the employer; or

   (c)  in the case of a prescribed person-a scheme, or part of a scheme, of
        which the person is taken to be a member for top-up purposes; or

"performance pay" means a payment of that name made under an agreement under
Part VIB of the Industrial Relations Act 1988;

"prescribed person" means a person who holds office or is employed under terms
and conditions that enable the person to choose whether to take part of his or
her remuneration in a non-monetary form (for example, a top-up arrangement);

"State superannuation scheme", means a superannuation scheme:

   (a)  established under the law of a State or Territory; and

   (b)  applying to persons employed in, or appointed to, the Public Service,
        or any other service, of the State or Territory; but does not include,
        in the case of a prescribed person, a scheme, or part of a scheme, of
        which the person is taken to be a member for top-up purposes;

"superannuation scheme", in relation to a person, means a scheme (whether
described as a scheme, fund, arrangement or otherwise), however established,
under which superannuation or retirement benefits are payable to, or in
relation to, the person;

"top-up arrangement" means an arrangement in relation to the employment of,
or the holding of an office by, a person ("the payee") under which:
(a) another person ("the payer") contributes, on behalf of the payee, to a
superannuation scheme (which may be a scheme that applies only to the payee)
under which superannuation or retirement benefits are payable to, or in
relation to, the payee; and

   (b)  the contributions are part of, and not additional to, the payee's
        overall remuneration package provided by the payer; and

   (c)  the contributions are additional to payments made by the payer under
        the 1990 Act for the payee in relation to that employment or holding
        of office.
(Note: Unless the contrary intention appears, terms defined in the
Superannuation Act 1990 have the same meaning in this Declaration. For
example, section 3 of that Act contains the following definition:
'Superannuation Scheme' means the superannuation scheme established by the
Trust Deed.)

(2) For the purposes of this Declaration, a person is taken to be a member of
a superannuation scheme for top-up purposes if the person is a member of the
scheme only because of:

   (a)  a top-up arrangement; or

   (b)  a top-up arrangement and one or both of the following circumstances:

        (i)    contributions relating to performance pay are made to the
               scheme;

        (ii)   the person is a member of the scheme for the purposes of the
               preservation or payment of a benefit of the kind referred to as
               an

"interim benefit" in the Superannuation (Productivity Benefit) Act 1988.