Superannuation (PSS) Membership Exclusion Declaration No. 7 (Cth)

Statutory Rules 1994   No. 270¹

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Superannuation (PSS) Membership Exclusion Declaration No. 7

I, KIM C. BEAZLEY, Minister for Finance, make the following Declaration under paragraph 6 (2) (c) of the Superannuation Act 1990.

Dated 21 July 1994.

KIM C. BEAZLEY

Minister for Finance

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1.      Citation

1.1   This Declaration may be cited as Superannuation (PSS) Membership Exclusion Declaration No. 7.

[NOTE: This Declaration commences on gazettal: see Acts Interpretation Act 1901, ss. 46A and 48.]

2.      Amendment

2.1   Superannuation (PSS) Membership Exclusion Declaration No. 4 ² is amended as set out in this Declaration.

3.      Clause 3 (Interpretation)

3.1   Clause 3:

After the definition of “performance pay”, insert the following definition:

“ ‘prescribed person’ means a person who holds office or is employed under terms and conditions that enable the person to choose whether to take  part of his or her remuneration in a non-monetary form (which may be in the form of a top-up arrangement);”.

3.2   Clause 3 (definition of “superannuation scheme”):

Omit  paragraph (b), substitute:

“(b)   a scheme, or part of a scheme, that is established for the preservation or payment, of benefits of the kind referred to as ‘interim benefits’ in the Superannuation (Productivity Benefit) Act 1988; or

(c)   the scheme provided for by the 1976 Act in relation to other employment;”.

3.3   Clause 3:

Add the following definition:

“‘top-up arrangement’ has the meaning given by subclause (3).”.

3.4   Clause 3:

Add at the end:

“(2)   For the purposes of this Declaration, a person is taken to be a member of a superannuation scheme for top-up purposes if, and only if, he or she is a member of the scheme:

(a)   by reason only of a top-up arrangement; or

(b)   by reason of:

(i)   a top-up arrangement; and

(ii)   one or both of the following circumstances:

(A)   contributions are made to the scheme in relation to performance pay;

(B)   the person is a member of the scheme for the purposes of the preservation or payment of benefits of the kind referred to as ‘interim benefits’ in the Superannuation (Productivity Benefit) Act 1988;

but no other circumstance (except that mentioned in subparagraph (i)).

“(3)   Subject to subclause (4), a ‘top-up arrangement’ is an arrangement between the person (‘the payee’) to whom, under the arrangement, remuneration is paid and the person (‘the payer’) who pays the remuneration, by which the payer makes contributions in respect of the payee to a superannuation scheme (which may be a scheme applying only in respect of the payee).

“(4)   An arrangement is not a top-up arrangement unless:

(a)   the contributions mentioned in subclause (3):

(i)   constitute part of the payee’s overall remuneration; and

(ii)   are not paid as an addition to remuneration otherwise payable; and

(b)   the payer makes payments under the Act:

(i)   in respect of the payee; and

(ii)   in relation to the employment or office to which the arrangement relates.

“(5)   Paragraph (b) of the definition of ‘superannuation scheme’ does not apply in relation to:

(a)   subclause (2) or (3); or

(b)   a reference in the Schedule to a scheme of which a person is taken, under subclause (2), to be a member.”.

4.      Schedule

4.1   Item 1 (subparagraph (b) (i)):

Omit “scheme (other than a scheme to which the person contributes only in relation to performance pay)”, substitute:

“scheme, other than:

(A)   a scheme to which contributions are made in relation to the person only in relation to performance pay; or

(B)   in the case of a prescribed person—a scheme of which the person is taken, under subclause 3 (2), to be a member for top-up purposes;”.

4.2   Item 2 (subparagraph (b) (i)):

Omit “scheme (other than a scheme to which the person contributes only in relation to performance pay)”, substitute:

“scheme, other than:

(A)   a scheme to which contributions are made in relation to the person only in relation to performance pay; or

(B)   in the case of a prescribed person—a scheme of which the person is taken, under subclause 3 (2), to be a member for top-up purposes;”.

4.3   Item 7 (paragraph (b)):

Omit “scheme (other than a scheme to which the person contributes only in relation to performance pay)”, substitute:

“scheme, other than:

(i)   a scheme to which contributions are made in relation to the person only in relation to performance pay; or

(ii)   in the case of a prescribed person—a scheme of which the person is taken, under subclause 3 (2), to be a member for top-up purposes;”.

4.4   Item 29:

After “scheme”, insert “(other than, in the case of a prescribed person, a scheme of which the person is taken, under subclause 3 (2), to be a member for top-up purposes)”.

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NOTES

1.   Notified in the Commonwealth of Australia Gazette on 26 July 1994.

2.   Statutory Rules 1991 No. 420 as amended by 1992 Nos. 419 and 459.