SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION 1995 NO. 79 SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION 1995 NO. 79 - TABLE OF PROVISIONS 1. 2. Interpretation 3. Persons to whom section 6 of the 1990 Act applies 4. Repeal of Superannuation (PSS) Membership Inclusion Declarations SCHEDULE 1 1995 No. 79 SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION - REG 1 1. This Declaration may be cited as the Superannuation (PSS) Membership Inclusion Declaration. (NOTE: This Declaration commences on gazettal: see Acts Interpretation Act 1901, ss. 46A and 48.) 1995 No. 79 SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION - REG 2 Interpretation 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. 1995 No. 79 SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION - REG 3 Persons to whom section 6 of the 1990 Act applies 3. (1) For the purposes of paragraph 6 (1) (j) of the 1990 Act, and subject to subclause (2), section 6 of the 1990 Act applies to a person described in the Schedule. (2) That section applies to a person referred to in item 8 in the Schedule only while a controlling interest in Australian Meat Technology Pty Limited is held by all or any of the following: (a) the Commonwealth (or its nominees); or (b) an authority or body, whether a body corporate or not, established for a public purpose by or under a law of the Commonwealth; or (c) a company, or other body corporate, in which the Commonwealth (or its nominees), or an authority or body referred to in paragraph (b), has a controlling interest. 1995 No. 79 SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION - REG 4 Repeal of Superannuation (PSS) Membership Inclusion Declarations 4. Statutory Rules 1991 Nos. 253, 419, 421, 424 and 463; 1992 Nos. 214, 318 and 420; 1993 No. 124 and 1994 Nos. 16, 117, 250 and 269 are repealed. 1995 No. 79 SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION - SCHEDULE 1 SCHEDULE Subclause 3 (1) PERSONS TO WHOM REGON 6 OF THE 1990 ACT APPLIES 1 A person who: (a) being a staff member of the Australian Securities Commission, is a temporary employee appointed, or employed in accordance with a direction, under section 81B of the Public Service Act 1922; and (b) immediately before becoming appointed or employed was a member of a State superannuation scheme; and (c) has made an election in writing, in a form approved by the Board, to become a member of the Superannuation Scheme. 2 A person who: (a) is employed under subsection 120 (3) of the Australian Securities Commission Act 1989; and (b) holds office as a Regional Commissioner under section 96 of that Act; and (c) has made an election in writing, in a form approved by the Board, to become a member of the Superannuation Scheme. 3 A person who: (a) is taken, by force of subsection 15 (2) of the Repatriation Institutions (Transfer) Act 1992, to have resigned from the Australian Public Service at the start of the day ("the relevant day") on which a State, or an authority of a State, started to operate a repatriation institution (within the meaning of that Act); and (b) on the day before the relevant day: (i) was a member of the Superannuation Scheme; or (ii) made a declaration and an election under subsection 244 (1) of the 1976 Act; and (c) is, on the relevant day, in employment that is acceptable continuing employment at that repatriation institution within the meaning of the Repatriation Institutions (Transfer) Act 1992; and (d) on and from the relevant day: (i) has not ceased to be in that employment; or (ii) if the repatriation institution was, on the relevant day, operated by a State or an authority of a State-is in other employment with the State or authority, or with another authority of the State; and (e) is not a member of a State superannuation scheme; and (f) is not a person in relation to whom the Minister has signed a certificate that there are no arrangements, satisfactory to the Minister, for the State, or the authority of a State referred to in paragraph (d), to pay the Commonwealth for providing superannuation under the 1990 Act for the person. 4 A person who: (a) is an employee of the Northern Land Council; and (b) immediately before last becoming an employee of the Council: (i) was a member of the Superannuation Scheme; or (ii) made a declaration and an election under subsection 244 (1) of the 1976 Act; and (c) in relation to his or her employment with the Council, is not a member of an alternative superannuation scheme; and (d) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies. 5 A person who: (a) on 31 December 1991: (i) was a member of the Superannuation Scheme; and (ii) was employed by the Canberra Institute of the Arts; and (b) on 1 January 1992, became employed by The Australian National University; and (c) has not subsequently ceased to be employed by the University; and (d) is not a member of the Superannuation Scheme for Australian Universities, unless: (i) if he or she is a prescribed person-he or she is taken to be a member of that Scheme for top-up purposes under subclause 2 (2); or (ii) during a period of leave without pay from the University, he or she: (A) engages in other employment with the University's permission; and (B) is a member of that Scheme because of that other employment. 6 A person who: (a) became an officer (that is, the Managing Director or an employee) of the Australian Wool Research and Promotion Organisation ("AWRPO") because of subsection 36 (1) of the Wool Legislation (Repeals and Consequential Provisions) Act 1993 ("the Repeal Act"); and (b) has not subsequently ceased to be an officer of AWRPO; and (c) immediately before the commencement of the Repeal Act: (i) was a member of the Superannuation Scheme; or (ii) made a declaration and an election under subsection 244 (1) of the 1976 Act; and (d) before 15 February 1994, requested, in writing, to continue to be treated as a member of the Superannuation Scheme in relation to the person's holding office as an officer of AWRPO; and (e) in relation to the person's holding office as an officer of AWRPO, is not a member of an alternative superannuation scheme; and (f) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies. 7 A person who: (a) is an officer (that is, the Chief Executive or an employee) of Wool International; and (b) immediately before becoming an officer of Wool International, had continuously been an officer (that is, the Managing Director or an employee) of the Australian Wool Research and Promotion Organisation ("AWRPO") since the commencement of the Wool Legislation (Repeals and Consequential Provisions) Act 1993 ("the Repeal Act"); and (c) became an officer of AWRPO because of subsection 36 (1) of the Repeal Act; and (d) has not subsequently ceased to be an officer of Wool International; and (e) immediately before the commencement of the Repeal Act: (i) was a member of the Superannuation Scheme; or (ii) made a declaration and an election under subsection 244 (1) of the 1976 Act; and (f) before 15 February 1994, requested, in writing, to continue to be treated as a member of the Superannuation Scheme; and (g) in relation to the person's holding office as an officer of Wool International, is not a member of an alternative superannuation scheme; and (h) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies. 8 A person who: (a) is an employee of Australian Meat Technology Pty Limited ("AMT"); and (b) immediately before last becoming an employee of AMT: (i) was an employee of the Commonwealth Scientific and Industrial Research Organisation; and (ii) either: (A) was a member of the Superannuation Scheme; or (B) made a declaration and an election under subsection 244 (1) of the 1976 Act; and (c) has not subsequently ceased to be an employee of AMT; and (d) if the person became an employee of AMT before 3 May 1994, requested, in writing, before that day, to continue to be treated as a member of the Superannuation Scheme in relation to the person's employment with AMT; and (e) in relation to the person's employment with AMT, is not a member of an alternative superannuation scheme. - NOTES 1995 No. 79*1* SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION - Dated 21 April 1995 *1* Notified in the Commonwealth of Australia Gazette on 4 May 1995.