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SUPERANNUATION (PSS) MEMBERSHIP INCLUSION AMENDMENT DECLARATION 2002 (NO. 3) 2002 NO. 342

STATUTORY RULES 2002 No. 342

Issued by the authority of the Minister for Finance and Administration

Superannuation Act 1990

Declaration under paragraph 6(1)(j)

Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 3)

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 (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 2002 (No. 3) is to amend the Principal Declaration in order to provide PSS membership for certain employees of the PSS Board, the CSS Board or both Boards ("the PSS/CSS Board").

The Declaration ensures continued membership of the PSS for permanent employees of the PSS/CSS Board who were PSS members before being employed by the PSS/CSS Board. The Declaration also enables permanent employees of the PSS/CSS Board who have a PSS deferred benefit to elect to become a member of PSS. The Declaration provides temporary employees of the PSS/CSS Board with the option to elect to be members of the PSS for the purposes of their employment with the PSS/CSS Board.

The Declaration also provides that PSS membership for employees of the PSS/CSS Board will cease in the circumstances set out in the Declaration. For example, membership would cease when the person ceases to be employed by the PSS/CSS Board or where the person becomes a member of an alternative superannuation scheme.

This Declaration takes effect from gazettal.

Details of the Declaration are explained in the Attachment.

ATTACHMENT

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION AMENDMENT DECLARATION 2002 (NO. 3)

Clause 1

This clause provides that the name of the Declaration is the Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 3).

Clause 2

This clause provides for the commencement of the Declaration on gazettal.

Clause 3

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

Schedule 1

Item [1] inserts a new definition of the term PSS/CSS Board and is intended to cover persons engaged as employees of both Boards as well as employees of each Board.

Item [2] inserts subclause 3 (16) which describes the circumstances which result in PSS membership of employees of the PSS/CSS Board ceasing and specifies when membership ceases in each circumstance.

Paragraph 3(16)(a) provides that membership continues by virtue of these amendments only while a member remains employed by the PSS/CSS Board.

Paragraph 3(16)(b) provides that membership ceases on the day immediately before the person joins an alternative superannuation scheme in relation to their employment with the PSS/CSS Board.

Item [3] inserts item 23 in the Schedule to the Principal Declaration.

Item 23 describes the class of persons who are PSS members during their employment with the PSS/CSS Board. The class comprises persons who are or become permanent employees of the PSS/CSS Board and who were PSS members immediately before becoming so employed. The class also includes certain employees of the PSS/CSS Board who elect to become members of the PSS including persons who had a preserved benefit under the 1990 Act, persons who make an election to move from the CSS to the PSS upon returning from a leave of absence, and temporary employees.