Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION DECLARATION NO. 6 1992 NO.459

STATUTORY RULES 1992 No. 459

ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE

SUPERANNUATION ACT 1990

DECLARATION UNDER PARAGRAPH 6(2)(c)

The Superannuation Act 1990 (the Act) provides for an occupational superannuation scheme (the PSS) for Commonwealth employees 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(2)(c), a person declared by the Minister for Finance to be a person to whom section 6 does not apply is not to be a member of the scheme.

The Declaration cited as "Superannuation (PSS) Membership Exclusion Declaration No. 4" (the Principal Declaration) provides that section 6 of the Act does not apply to a number of classes of persons described in the Schedule to that Declaration. Such persons may not therefore be members of the PSS scheme. Certain of the items in the Schedule have the effect of excluding from the PSS scheme persons who are members of a superannuation scheme other than the PSS scheme or a scheme that provides only a productivity benefit of the kind provided for in the Superannuation (Productivity Benefit) Act 1988.

Under the industrial agreement of 4 December 1992 between the Commonwealth and public sector unions, Senior Officers employed by the Commonwealth may be eligible to receive performance pay.

It is possible that superannuation could be provided on performance based pay at some time in the future with contributions being paid to a scheme other than the PSS. In such circumstances, it would be intended that persons who make superannuation contributions on the basis of performance pay to a separate scheme not be excluded from becoming, or remaining, members of the PSS. Accordingly, it is appropriate to amend the Principal Declaration to ensure that the existing exclusions would not affect such persons.

To this end. the Declaration contained in the Statutory Rule and cited as "Superannuation (PSS) Membership Exclusion Declaration No. 6" (the Amending Declaration) amends the Principal Declaration.

Details of the amendments are as follows.

Clause 1 provides that the Amending Declaration may be cited as Superannuation (PSS) Membership Exclusion Declaration No. 6.

Clause 2 provides that the Principal Declaration is amended as set out in the Amending Declaration.

Clause 3 inserts a definition of "performance pay" in the Interpretation provisions of the Principal Declaration.

Subclauses 4.1, 4.2 and 4.3 amend the items in the Principal Declaration which provide that section 6 of the Act does not apply to persons described in those items by virtue of being members of another superannuation scheme. The effect of the amendments is to provide that a person who becomes a member of a superannuation scheme to which he or she contributes solely in relation to performance pay is not to be excluded from membership of the PSS.

In accordance with section 45 of the Act, a declaration under paragraph 6(2)(6) is to be 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 operates with effect from the date of gazettal.