Superannuation (PSS) Membership Exclusion Declaration No. 9 (Cth)

Statutory Rules 1994   No. 217¹

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Superannuation (PSS) Membership Exclusion Declaration No. 9

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

Dated 27 June 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. 9.

[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   Insert the following definition:

“ ‘ACT Government Service’ means the Service established by subsection 12 (1) of the Public Sector Management Act 1994 of the Australian Capital Territory;”.

4.   Schedule (Persons to whom section 6 of the 1990 Act does not apply)

4.1   Add at the end:

“30            A person who:

(a) becomes an officer of the ACT Government Service (other than a fixed-term SES officer), by virtue of section 6 or 7 of the Public Sector Management (Consequential and Transitional Provisions) Act 1994 of the Australian Capital Territory, on the day on which that Service is established (in this item called a ‘transferred officer’); and

(b)     continues to be a transferred officer; and

(c)     immediately before becoming a transferred officer, was:

(i)     an officer for the purposes of the Public Service Act 1922; or

(ii) a continuing employee under section 82AC of the Public Service Act 1922; or

(iii) a person who was deemed to be a continuing employee under section 82AD of the Public Service Act 1922; or

(iv)     an officer or employee of a prescribed entity for the purposes of the Public Sector Management (Consequential and Transitional Provisions) Act 1994 of the Australian Capital Territory; and

(d)     immediately before becoming a transferred officer, was not:

(i)     a PSS member; or

(ii) an eligible employee who made an election and declaration under subsection 244 (1) of the Superannuation Act 1976; and

(e)     does not, at any time after becoming a transferred officer, request in writing to be treated as a PSS member.

31               A person who:

(a)     is an officer (other than a fixed-term SES officer) of the ACT Government Service (in this item called a ‘transferred officer’); and

(b)     was, immediately before becoming a transferred officer:

(i)     a permanent employee of the Australian Capital Territory Totalizator Administration Board; and

(ii)     a member of the ACTTAB Limited Staff Superannuation Plan; and

(c)     was, immediately after becoming a transferred officer, an officer performing duties for the Australian Capital Territory Totalizator Administration Board; and

(d)     continues to be an officer who performs duties for the Australian Capital Territory Totalizator Administration Board; and

(e)     does not, at any time after becoming a transferred officer, cease to be a member of the ACTTAB Limited Staff Superannuation Plan.”.

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NOTES

1.   Notified in the Commonwealth of Australia Gazette on 30 June 1994.

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