SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION DECLARATION NO. 8 1994 NO. 132

SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION DECLARATION NO. 8 1994 NO. 132

STATUTORY RULES 1994 No. 132

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.

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. Although the CSS is closed to new members, membership of the CSS continues to be available to existing members and certain former members.

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.

The Declaration cited as "Superannuation (PSS) Membership Exclusion Declaration No. W specifies that certain employees of the Department of Defence are persons to whom section 6 of the Act does not apply.

The Department of Defence currently employs certain temporary employees under section 42 of the Naval Defence Act 1910. Those staff are to be transferred to permanent employment under the Public Service Act 1922 (the PS Act) on 19 May 1994.

Membership of the PSS or CSS is optional for temporary employees. Many of the Department of Defence staff who are to be transferred have not exercised an option to join the PSS or the CSS.

Membership of the PSS or the CSS is compulsory for permanent employees under the PS Act. Therefore, those Department of Defence staff who become permanent employees as a result of the transfer will automatically become members of the PSS or the CSS, as appropriate, on the date of transfer.

Superannuation (PSS) Membership Exclusion Declaration No. 8 permits Department of Defence staff formerly employed under the Naval Defence Act 1910 to retain the option not to join the PSS, after they have transferred to employment under the PS Act, unless they wish to do so. The details of the declaration are set out in the Attachment.

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 19 May 1994 (the day the transfer takes place).

ATTACHMENT

SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION DECLARATION NO. 8

The details of the Declaration are as follows:

Clause 1

This cites the Declaration as Superannuation (PSS) Membership Exclusion Declaration No. 8.

Clause 2

This provides that the Declaration commences on 19 May 1994 (the date of the transfers).

Clause 3

This provides the definition of the "Act" as used in the Declaration.

Clause 4

This clause describes those personnel who are to be transferred from temporary employment under the Naval Defence Act 1910 to permanent employment under the PS Act who would normally be required to become members of the PSS scheme as a consequence of that transfer. The Declaration applies to any transferee who, prior to being appointed as an officer under section 81B of the PS Act on 19 May 1994, was not a member of the PSS.

This clause provides that the transferring personnel retain the option of joining the PSS as long as their employment under the PS Act is continuous. Accordingly, those who wish to become members of the PSS may exercise their option to do so by making a written request.