SUPERANNUATION (PSS) APPROVED AUTHORITY INCLUSION DECLARATION NO. 11 1994 NO. 14

SUPERANNUATION (PSS) APPROVED AUTHORITY INCLUSION DECLARATION NO. 11 1994 NO. 14

STATUTORY RULES 1994 No. 14

Issued by the authority of the Minister for Finance

Superannuation Act 1990

Declaration under paragraph (b) of the definition of "Approved Authority" in section 3.

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

Persons eligible to contribute under the Act include certain persons employed by an approved authority. In accordance with paragraph (b) of the definition of 'approved authority' in section 3 of the 1990 Act, an approved authority includes an authority or body that is declared, in writing, by the Minister for Finance to be an approved authority for the purposes of the Act, being an authority or body of a kind described in the definition.

Section 45 of the Act provides that such a declaration 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 and may be expressed to have taken effect from and including a day not earlier than 12 months before the making of the declaration.

The Wool Legislation (Repeals and Consequential Provisions) Act 1993 provides for the transition of staff from the replaced wool organisations (Australian Wool Corporation and Wool Research and Development Corporation) to the Australian Wool Research and Promotion Organisation on 1 December 1993. Section 38 of that Act provides that a document in which reference is made to the Australian Wool Corporation or the Wool Research and Development Corporation continues in force after the commencement of that Act but has effect as if a reference in the document to either body was a reference to the Australian Wool Research and Promotion Organisation. Statutory Rules 1991 No. 394 declared the Wool Research and Development Corporation an approved authority for the purposes of section 3 of the Act. Therefore, by virtue of section 38 of the Wool Legislation (Repeals and Consequential Provisions) Act 1993, the Australian Wool Research and Promotion Organisation is an approved authority for the purposes of the PS S.

Arrangements have been put in place to permit former employees of the Wool Research and Development Corporation who were PSS scheme members to continue membership of the PSS scheme while they are employed by the Australian Wool Research and Promotion Organisation. However, new employees are required to join the Australian Wool Corporation Provident Fund and are not permitted therefore to become PSS scheme members. In these circumstances it is inappropriate for the new body to remain an approved authority.

The declaration contained in the Statutory Rules, and cited as Superannuation (PSS) Approved Authority Inclusion Declaration No 11, repeals Statutory Rules 1991 No 394, in order to ensure that the Australian Wool Research and Promotion Organisation is not taken to be an approved authority by virtue of section 38 of the Wool Legislation (Repeals and Consequential Provisions) Act 1993.

The declaration is expressed to be taken to have commenced on 1 December 1993 (the date of commencement of the Wool Legislation (Repeals and Consequential Provisions) Act 1993). Arrangements for continued PSS membership for existing PSS members is contained in the Superannuation (PSS) Membership Inclusion Declaration No. 11 which also commenced retrospectively on 1 December 1993.

Written requests have been received from each of the employees concerned that they be permitted to continue their membership of the PSS scheme after transferring. The appropriate employer and employee contributions have been paid in full up to the date of the making of this Declaration. In these circumstances, the retrospectivity of the membership arrangements complies with subsection 48(2) of the Acts Interpretation Act 1901 in that the rights of the employees concerned are not affected in a manner prejudicial to them nor are liabilities imposed on them.