Superannuation (PSS) Membership Inclusion Declaration (Amendment) (Cth)
| Statutory Rules 1998 No. 951 __________________ Superannuation (PSS) Membership Inclusion Declaration2 (Amendment) I, JOHN JOSEPH FAHEY, Minister for Finance and Administration, make the following Declaration under paragraph 6 (1) (j) of the Superannuation Act 1990. Dated 4 May 1998. JOHN FAHEY ____________ 1. Commencement 1.1 Clauses 1 and 2 and subclauses 4.1, 4.2, 5.1 and 5.2 are taken to have commenced on 11 November 1996. 1.2 Clause 3 and subclauses 4.3 and 5.3 are taken to have commenced on 1 December 1997. 1.3 Subclauses 4.4 and 5.4 are taken to have commenced on 1 May 1998. 2. Amendment 2.1 The Superannuation (PSS) Membership Inclusion Declaration is amended as set out in this Declaration. 3. Clause 2 (Interpretation) 3.1 Subclause 2(1): After the definition of “alternative superannuation scheme” insert: “‘Medibank’ means the company (ACN 080890259) that was incorporated under the Corporations Law on 1 December 1997;”. 4. Clause 3 (Persons to whom section 6 of the 1990 Act applies) 4.1 Subclause 3(1): Omit “and (5),”, substitute “, (5), (6), (7) and (8),”. 4.2 Add at the end: “(6) Section 6 of the 1990 Act ceases to apply to a person referred to in items 13 and 14 in the Schedule at the end of the first occurring of the following days: (a) the day on which the person ceases to be an employee of Australian Law Reform Commission (in this determination called ‘ALRC’); (b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by ALRC, other than: (i) the scheme provided for in the 1990 Act; or (ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or (iii) a scheme of which the person is a member for top-up purposes only.”. 4.3 Add at the end: “(7) Section 6 of the 1990 Act ceases to apply to a person referred to in item 15 in the Schedule at the end of the first occurring of the following days: (a) the day on which the person ceases to be an employee Medibank; (b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by Medibank, other than: (i) the scheme provided for in the 1990 Act; or (ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or (iii) a scheme of which the person is a member for top-up purposes only; (c) if Commonwealth control of Medibank ceases—the last day on which Medibank is under Commonwealth control.”. 4.4 Add at the end: “(8) Section 6 of the 1990 Act ceases to apply to a person referred to in item 16 in the Schedule at the end of the first occurring of the following days: (a) the day on which the person ceases to be an employee of Employment National (Administration) Pty Ltd; (b) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by of Employment National (Administration) Pty Ltd, other than: (i) the scheme provided for in the 1990 Act; or (ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or (iii) a scheme of which the person is a member for top-up purposes only; (c) if Commonwealth control of Employment National (Administration) Pty Ltd ceases—the last day on which Employment National (Administration) Pty Ltd is under Commonwealth control.”. 5. Schedule (Persons to whom section 6 of the 1990 Act applies) 5.1 Add at the end: “13 A person who: (a) became an employee of the ALRC on 11 November 1996; and (b) immediately before becoming so employed, was a member employed by the Law Reform Commission; and (b) after becoming an employee of ALRC, made contributions to the superannuation scheme provided for by the 1990 Act as if he or she were a member of the scheme, despite the fact that he or she was not entitled to make contributions to the scheme; and (c) is not, in relation to the person’s employment with ALRC, a member of a superannuation scheme, other than: (i) the scheme provided for by the 1990 Act; or (ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; and (iii) a scheme of which the person is a member for top-up purposes only; and (d) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.”. 5.2 Add at the end: “14 A person who: (a) commenced employment with ALRC on or after 11 November 1996; and (b) made an election under section 8 of the 1990 Act to become a member of the scheme; and (c) after becoming an employee of ALRC, made contributions to the superannuation scheme provided for by the 1990 Act as if he or she were a member of the scheme, despite the fact that he or she was not entitled to make contributions to the scheme; and (d) is not, in relation to the person’s employment with ALRC, a member of a superannuation scheme, other than: (i) the scheme provided for by the 1990 Act; or (ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; and (iii) a scheme of which the person is a member for top-up purposes only; and (e) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.”. 5.3 Add at the end: “15 A person who: (a) on or after 1 December 1997 became, or becomes, an employee of Medibank; and (b) is either: (i) a person who, immediately before last becoming so employed, was a member; or (ii) a person to who had a preserved benefit under the 1990 Act immediately before becoming so employed; and (c) is not, in relation to the person’s employment in Medibank, a member of a superannuation scheme, other than: (i) the scheme provided for by the 1990 Act; or (ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; and (iii) a scheme of which the person is a member for top-up purposes only; and (d) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.”. 5.4 Add at the end: “16 A person who: (a) became an employee of Employment National (Administration) Pty Ltd on 1 May 1998; and (b) immediately before becoming so employed, was a member employed by the Department of Employment, Education, Training and Youth Affairs; and (c) is not, in relation to the person’s employment in Employment National (Administration) Pty Ltd, a member of a superannuation scheme, other than: (i) the scheme provided for in the 1990 Act; or (ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or (iii) a scheme of which the person is a member for top-up purposes only; and (d) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.”. _____________________________________________________ NOTES 1. Notified in the Commonwealth of Australia Gazette on 21 May 1998. 2. Statutory Rules 1995 No. 79 as amended by 1995 Nos. 88, 216 and 232; 1996 No. 296; 1997 Nos. 72 and 212. |
0
0
0