Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION (AMENDMENT) 1995 NO. 232

STATUTORY RULES 1995 No. 232

Issued by the Authority of the Minister for Finance

Superannuation Act 1990

Declaration under paragraph 6(1)(j)

The Superannuation Act 1990 (the 1990 Act) makes provision for and in relation to an occupational superannuation scheme, the Public Sector Superannuation Scheme (the PSS), for Commonwealth employees and certain other persons.

Section 6 of the 1990 Act specifies the persons who are, or 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, 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 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 review of air regulation and safety resulted in the commencement, on 6 July 1995, of the Civil Aviation Legislation Amendment Act 1995 (the CALA Act) (which amends the Civil Aviation Act 1988) and the Air Services Act 1995 (the AA Act). The CALA Act abolishes the Civil Aviation Authority (CAA) and provides for the establishment of the Civil Aviation Safety' Authority (CASA). The AA Act provides for the establishment of Airservices Australia (AA).

Section 8 of the CALA Act provides for staff of CAA to become staff members of CASA or employees of AA. Subsection 8(3) of that Act provides that, in the 12 months following commencement of the CALA Act, staff may be transferred between the two new bodies. Subsection 8(4) of that Act provides that a person who becomes an AA employee or a CASA staff member under that section shall be employed on terms and conditions that are not less favourable than the terms and conditions that applied to the person's previous employment.

CAA staff have generally been required to join the CAA Superannuation Fund, although some staff retain membership of the Commonwealth Superannuation Scheme (the CSS) (provided for by the Superannuation Act 1976 (the 1976 Act)). PSS membership has been available to staff of CAA only where Part IV of the Public Service Act 1922 applies (mobility provisions) to the person. This is provided for in paragraph 6(1)(h) of the 1990 Act.

Staff of AA are to continue to have the superannuation options which were available to staff of CAA while staff of CASA are to be, or be eligible to become, members of the PSS or the CSS, as appropriate. (A separate Declaration under the 1990 Act and a Declaration under the 1976 Act will give effect to the superannuation arrangements for CASA staff). Staff transferring from CAA to CASA, who are members of the CSS, will have the option of retaining their CSS membership or joining the PSS. In view of the intention to maintain the terms and conditions of employment for CASA staff who are transferred to AA as provided for in subsection 8(3) of the CALA Act, these persons will be able to continue as PSS members even though PSS membership is not generally available to staff of AA.

The Schedule to the Principal Declaration describes persons who are included as PSS members for the purposes of the 1990 Act. The Declaration contained in the Statutory Rules and cited as "Superannuation (PSS) Membership Inclusion Declaration (Amendment)" (the Amending Declaration) amends the Schedule to the Principal Declaration to include certain persons employed by Airservices Australia (AA).

Persons included in item 10 of the Schedule to the Principal Declaration (as inserted by the Amending Declaration) are described as persons who are transferred to AA from CASA as provided for in subsection 8(3) of the CALA Act (that is, who are transferred from CASA to AA in the first 12 months of AA's operation) and who are PSS members, or who elect to become PSS members while employed by CASA.

This Declaration commenced on 6 July 1995.