Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT (No. 1) 1995 No. 54, 1995 - SCHEDULE 4

                          SCHEDULE 4              Section 3(4)

AMENDMENTS OF THE SUPERANNUATION ACT 1990 1. Section 3 (definition of
"Board"): Omit, substitute:

" 'Board' means the PSS Board established by section 20;". 2. Section 3
(definitions of "CSB No. 2", "Fund" and "Superannuation Scheme"): Omit. 3.
Section 3: Insert:

" 'CSS Board' means the CSS Board established under section 27A of the
Superannuation Act 1976;
'designated employer' has the meaning given by section 3AA;
'PSS Fund' means the Fund established, and vested in the PSS Board, by the
Trust Deed;
'Public Sector Superannuation Scheme' means the superannuation scheme
established by the Trust Deed;". 4. After section 3: Insert: Designated
employers

"3AA.(1) A reference in this Act to the designated employer of a member is a
reference to:

   (a)  if the member is a permanent employee, or temporary employee, of the
        Commonwealth but is not an LWOP member or employed by an approved
        authority:

        (i)    if the remuneration in respect of his or her employment is paid
               wholly or mainly out of money appropriated by an annual
               Appropriation Act-the Department in respect of which the money
               is appropriated; or

        (ii)   if the remuneration in respect of his or her employment is paid
               wholly or mainly out of money appropriated by an Act other than
               an annual Appropriation Act-a Department determined by the
               Minister in writing; or

   (b)  if the member is the holder of a statutory office, but is not an LWOP
        member:

        (i)    if the remuneration in respect of the office is paid by an
               approved authority-the Authority; or

        (ii)   if subparagraph (i) does not apply-a Department or person
               determined by the Minister in writing; or

   (c)  if the member is an LWOP member-a person determined by the Minister in
        writing; or

   (d)  otherwise-the Authority or body by which the member is employed.

"(2) In this section:
'Department' means:

   (a)  a Department of State; or

   (b)  a Department of the Parliament; or

   (c)  a branch or part of the Australian Public Service in relation to which
        a person has, under an Act, the powers of, or exercisable by, the
        Secretary of a Department of the Australian Public Service;
'LWOP member' means a member who:

   (a)  is on leave of absence without pay and:

        (i)    if the period of leave began before 1 July 1994-because of a
               direction given by the Board under the Rules as in force when
               the period of leave began, is required to make payments in
               respect of contributions falling due during the period of the
               leave; or

        (ii)   if the period of leave began or begins on or after that
               date-the period of the leave is longer than 6 fortnights and is
               an excluded period of leave of absence for the purposes of the
               Rules as in force when the period of leave began or begins; or

   (b)  is on leave of absence without pay or other unpaid leave in relation
        to the birth of a child of the member, other termination of the
        pregnancy of the member or the adoption of a child by the member, and
        is making contributions in relation to the leave in accordance with an
        election made under the Rules. Members of ACT Fire Brigade

"3AB. For the purposes of this Act, a person who was at any time before the
commencement of this section, or is, a member of the Australian Capital
Territory Fire Brigade, pursuant to an appointment made under the Fire Brigade
(Administration) Act 1974 of the Australian Capital Territory is taken to have
been or to be employed by the Australian Capital Territory at all times from
and including the time of his or her appointment under that Act or the
commencement of this Act, whichever was or is the later, until he or she
ceased or ceases to hold office under the appointment.". 5. Subsection 6A(4):
Omit "CSB No. 2", substitute "CSS Board". 6. Section 12: Repeal, substitute:
Cases where person taken not to have ceased to be a member

"12. If a person ceases to be a member and, immediately after so ceasing,
again becomes a member:

   (a)  the person is taken, for the purposes of this Act other than paragraph
        (b), not to have so ceased; but

   (b)  the person is not required or permitted to pay contributions in
        respect of the period between the time when the person ceased to be a
        member and the time when the person again becomes a member.". 7.
        Subsection 13(1A): Omit "Division 1 of Part 12 of". 8. Subsection
        14(1): Omit "and paid to the Board". 9. After section 14: Insert:
        Deductions of contributions by designated employer

"14A.(1) If the designated employer of a member deducts from the member's
salary an amount that the employer is permitted by subsection 14(1) to deduct
from that salary:

   (a)  the employer is to pay the amount deducted to the Board; and

   (b)  if an amount deducted is not paid to the Board on the day on which it
        is deducted and the Board directs that this paragraph is to apply in
        relation to the amount-the employer is to pay to the Board interest on
        the amount, at any rate that the Board determines from time to time,
        in respect of the period beginning on the day on which the amount is
        deducted and ending on the day immediately before the day on which the
        amount is paid.

"(2) The Board is to pay to the PSS Fund any interest paid to the Board under
paragraph (1)(b).". 10. Subsection 15(1): Omit. 11. Section 20: Omit
"Commonwealth Superannuation Board of Trustees No. 1", substitute "PSS Board".
12. Subsection 29(3): Omit. 13. Paragraph 33E(1)(c): Omit, substitute:

"(c) the method of calculating final benefit accrual and preserved benefits
under the Rules; and". 14. Subsection 33G(1): Omit "Part 6 of". Note: The
heading to section 33G is altered by omitting "Part 6 of". 15. After section
33: Insert: Board may rely on information supplied by employers or former
employers

"33AA.(1) For the purposes of the Trust Deed in its application to or in
respect of a person who is or has been a member of the Public Sector
Superannuation Scheme, the Board may, but is not required to, presume that any
information provided to the Board by an employer or former employer of the
person is correct.

"(2) If a tribunal, authority or person is empowered to review a decision of
the Board and vary, or make a decision in substitution for, the Board's
decision, the tribunal, authority or person is not bound by any presumption
made by the Board under subsection (1).". 16. Subsection 38(1): Omit "Division
2 of Part 12 of". 17. Subsection 43(3): Omit, substitute:

"(3) Any money becoming payable by the Board in respect of an action,
liability, claim or demand is to be paid out of the PSS Fund.

"(4) If an amount is paid out of the PSS Fund under subsection (3), an
equivalent amount is to be paid to the PSS Fund out of the Consolidated
Revenue Fund, which is appropriated accordingly.".