SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION NO. 12 1994 NO. 117

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION NO. 12 1994 NO. 117

STATUTORY RULES 1994 No. 117

Issued by the authority of the Minister for Finance

Superannuation Act 1990

Declaration under paragraph 6(1)(j)

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

Section 6 of the Act specifies the persons who may be members of the PSS scheme. In accordance with paragraph 6(1)(j), a person declared by the Minister for Finance to be a person to whom section 6 applies is a member of the PSS scheme.

The Declaration contained in the Statutory Rules and cited as "Superannuation (PSS) Membership Inclusion Declaration No. 12" specifies certain employees of Australian Meat Technology Pty Limited (AMT) who may be members of the PSS scheme.

The Commonwealth Scientific and Industrial Research Organisation (CSIRO) is an approved authority for the purposes of the Act. As a consequence some of its employees are members of the PSS scheme.

Australian Meat Technology Pty Limited (AMT) is a recently formed subsidiary of the Meat Research Corporation (MRC) and is currently wholly owned by MRC. MRC was established under the provisions of the Meal Research Corporation Act 1985.

Superannuation (PSS) Membership Inclusion Declaration No. 12 permits former employees of CSIRO who were PSS scheme members while in that employment to continue membership of the PSS scheme after transferring from CSIRO to employment with AMT. 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 the Statutory Rules Publication Act 1903.

The Declaration is expressed to be taken to have commenced on 3 December 1993 (the date the transfers from CSIRO to AMT commenced). It ensures that the AMT employees referred to have maintained continuity of their PSS membership and that their superannuation entitlements have been unaffected by the employment transfer. Those employees who transferred before the notification of the making of the declaration in the Gazette have, before that gazettal, elected to remain members of the PSS after the transfer and paid in full their contributions for the retrospective period from 3 December 1993.

ATTACHMENT

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION NO. 12

The details of the Declaration are as follows:

Clause 1

This cites the Declaration as Superannuation (PSS) Membership Inclusion Declaration No. 12.

Clause 2

This provides that the Declaration commences retrospectively on 3 December 1993.

Clause 3

This provides definitions of the "Act", "AMT", "Commonwealth control of AMT" and "performance pay" as used in the declaration.

Clause 4

This describes those AMT employees who are persons to whom section 6 of the Superannuation Act 1990 applies and therefore members of the PSS scheme. In general, the declaration applies to an AMT employee who immediately before becoming or last becoming an employee of AMT was employed by CSIRO and was a member of the PSS scheme.

If the person was employed by AMT before the making of the Declaration is notified in the Gazette, the person will be included as a PSS scheme member if, before the date of gazettal, he or she elected to continue to be treated as a member and made payment of all contributions due in respect of that membership before that date.

This clause provides that should an employee become a member of another superannuation scheme applying to that person's employment by AMT (other than the PSS. scheme or a scheme to which contributions are made only in relation to performance pay) the person would cease to be a member of the PSS scheme.

This clause also provides that these membership arrangements apply only while AMT is under the control of the Commonwealth. It is expected that control of AMT will eventually pass from the Commonwealth to the private sector.