SUPERANNUATION (ELIGIBLE EMPLOYEES) REGULATIONS (AMENDMENT) 1994 NO. 232

SUPERANNUATION (ELIGIBLE EMPLOYEES) REGULATIONS (AMENDMENT) 1994 NO. 232

STATUTORY RULES 1994 No. 232

Issued by the authority of the Minister for Finance

Superannuation Act 1976

Superannuation (Eligible Employees) Regulations (Amendment)

The Superannuation Act 1976 (the 1976 Act) makes provision for and in relation to an occupational superannuation scheme (known as the CSS) for certain Commonwealth employees and other persons.

For new employees, membership of the CSS is available to limited classes of persons who have existing rights from former membership of the scheme. Since 1 July 1990, the CSS has been replaced by the Public Sector Superannuation (PSS) scheme provided for under the Superannuation Act 1990.

Section 168 of the 1976 Act provides that the Governor-General may make regulations for the purposes of the Act.

Members of the superannuation scheme established by the 1976 Act are referred to in the Act as eligible employees. In accordance with the definition of "eligible employee" in subsection 3(1) of the 1976 Act, a class of persons may be excluded by regulation from becoming, or remaining, eligible employees. Persons included in a class of persons who are excluded from becoming, or remaining, eligible employees are prescribed in the Superannuation (Eligible Employees) Regulations (the Principal Regulations).

On 1 July 1994, the ACT Government established a separate ACT Government Service (ACTGS). Before that day, staff required for the conduct of the public administration of the ACT were, in most cases, transitional staff provided for in the ACT Self-Government (Consequential Provisions) Act 1988. Transitional staff are persons appointed or employed under the Public Service Act 1922 (the PS Act). With the establishment of the ACTGS, the transitional staff ceased to be covered by the PS Act and commenced employment under the provisions of the Public Sector Management Act 1994 (the Public Sector Act) of the Australian Capital Territory.

The Australian Capital Territory is an approved authority for the purposes of the Act. With the commencement of the ACTGS, certain persons who were compulsorily transferred to the ACTGS, and who had the option to become eligible employees, became officers under the Public Sector Act. As permanent employees of an approved authority they would normally become eligible employees automatically, where appropriate.

The Regulations amend the Principal Regulations to enable those persons, who had the option to become eligible employees before the transfer, to continue to have the option after the transfer. Transferees who have membership of another occupational superannuation scheme are to have the option to remain in the scheme or join the CSS where appropriate.

Details of the regulations are explained in the attachment.

ATTACHMENT

SUPERANNUATION (ELIGIBLE EMPLOYEES) REGULATIONS (AMENDMENT)

THE AMENDMENTS

Regulation 1

This provides that the Principal Regulations are amended as set out in the amending Regulations.

Regulation 2.1

This inserts a definition of "ACT Government Service" to make it clear that the term used in the amending Regulations refers to the Service established by subsection 12(1) of the Public Sector Management Act 1994 of the Australian Capital Territory.

Regulation 3.1

This adds two new classes of persons to Regulation 4 (persons who are not included in the definition of 'eligible employee' in the Superannuation Act 1976). Persons in the new classes will be excluded from compulsory membership of the Commonwealth Superannuation Scheme (the CSS) when they become officers in the ACT Government Service but will retain the option to join if they wish while they are officers in the ACT Government Service.

The new class in paragraph 4(zm) specifies persons who

(a)       were officers or continuing employees under the Public Service Act 1922; or

(b)       were employed by a prescribed authority; and

(c)       were not CSS members while so employed under the Public Service Act or by a prescribed authority; and,

(d)       became officers of the ACTGS by compulsory transfer under the Public Sector Management (Consequential and Transitional Provisions) ACT 1994 of the Australian Capital Territory, on the day on which the ACT Government Service is established; and

(e)       do not request to be treated as eligible employees.

The new class in paragraph 4(zn) applies to permanent employees of the Australian Capital Territory Totalizator Administration Board (ACTTAB); who,

(a)       become officers employed under the Public Sector Management Act 1994, on the day that ACTTAB is amalgamated with the ACT Government Service., and,

(b)       do not cease to be members of the ACTTAB Limited Staff Superannuation Plan.