Superannuation (PSS) Membership Exclusion Declaration No. 3 (Cth)

Statutory  Rules  1991   No. 254¹

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Superannuation (PSS) Membership Exclusion Declaration No. 3

I, RALPH WILLIS, Minister of State for Finance, make the following Declaration under paragraph 6 (2) (c) of the Superannuation Act 1990.

Dated 13 August 1991.

RALPH WILLIS

Minister of State for Finance

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Citation

1.  This Declaration may be cited as Superannuation (PSS) Membership Exclusion Declaration No. 3.

Commencement

2.  This Declaration is taken to have commenced on 1 January 1991.

Interpretation

3.  In this Declaration, unless the contrary intention appears:

“private superannuation scheme”, means a scheme, fund or arrangement, however established, under which superannuation or retirement benefits are payable, but does not include a scheme established by or under the provisions of an Act of a State, a Territory or the Commonwealth;

“the Act” means the Superannuation Act 1990.

Exclusions

4.  Section 6 of the Act does not apply to a staff member of the Australian Securities Commission appointed, or employed in accordance with a direction, under section 81B of the Public Service Act 1922 who:

(a)  immediately before becoming so appointed or employed, held office in the service of a State and:

(i)  was a member of a private superannuation scheme; or

(ii)  was not a contributor to any superannuation scheme established by or under the provisions of an Act of that State by reason that, in accordance with the laws of that State, he or she had not made an election to become such a contributor or had made an election not to become such a contributor; and

(b)  has not requested in writing, in a form approved by the Board, that he or she be treated as a member of the Superannuation Scheme.

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NOTE

1.      Notified in the Commonwealth of Australia Gazette on 26 August 1991.