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SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION DECLARATION NO. 11 1994 NO. 400

SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION DECLARATION NO. 11 1994 NO. 400

EXPLANATORY STATEMENT

STATUTORY RULES 1994 No. 400

Issued by the authority of the Minister for Finance

Superannuation Act 1990

Declaration under paragraph 6(2)(c)

The Superannuation Act 1990 (the 1990 Act) makes provision for and in relation to an occupational superannuation scheme, known as the Public Sector Superannuation (PSS) scheme. The PSS is the main superannuation scheme for Commonwealth employees.

Section 6 of the 1990 Act specifies those persons who may be members of the PSS scheme. In accordance with paragraph 6(2)(c), a person declared by the Minister for Finance to be a person to whom section 6 does not apply, is not a member of the scheme. Declarations made under paragraph 6(2)(c) of the 1990 Act are cited as Superannuation (PSS) Membership Exclusion Declarations.

The Superannuation (PSS) Membership Exclusion Declaration No. 4 (the Principal Declaration), provides that section 6 of the Act does not apply to classes of persons described in the Schedule to that declaration. Persons included in such classes may not be members of the PSS scheme.

The Declaration, contained in the Statutory Rules and cited as "Superannuation (PSS) Membership Exclusion Declaration No. 11", amends the Principal Declaration by omitting item 5 of the Schedule. Item 5 relates to certain persons employed as staff of the Legal Aid Commission (ACT) under section 63 of the Legal Aid Act 1977 of the Australian Capital Territory. This item has been removed because there are no longer any members of the class of persons described in that item who are to be excluded from membership of the PSS scheme.

In addition, the Declaration also amends the Principal Declaration by omitting the reference to the Australian Telecommunications Corporation Act 1989 (the ATC Act) in item 21 of the Schedule. Item 21 contains a list of Acts under which persons who hold a statutory office are excluded from the PS S scheme. The ATC Act provided for statutory office holders but was repealed (by section 24 of the Telecommunications (Transitional Provisions and Consequential Amendment) Act 1991) and replaced by the Australian Overseas Telecommunications Corporation Act 1991 (the AOTC Act). The AOTC Act does not provide for statutory office holders, therefore the reference to the ATC Act in the Principal Declarations is of no further application.

Both the amendments are of a housekeeping nature and do not affect any person's membership or benefits provided by the PSS scheme.

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 Statutory Rules Publication Act 1903.

The Declaration operates with effect from the date of gazettal.

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