Superannuation (Pss) Membership Inclusion Declaration No. 11 (Cth)

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 11
(#DATE 08:08:1994)

- In force under paragraph 6 (1) (j) of the Superannuation Act 1990

- Updated as at 8 August 1994

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 11 - TABLE OF 
PROVISIONS 
TABLE

                      TABLE OF PROVISIONS

Regulation

    1. Citation

    2. Commencement

    3. Interpretation

    4. Inclusion of certain staff of AWRPO as members of the

       Superannuation Scheme

    5. Inclusion of certain staff of Wool International as members of

       the Superannuation Scheme

    6. Provisions relating to subparagraphs 4 (1) (e) (iii) and 5 (1)

       (f) (iii)

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 11 - REG 1 
Citation 


  1. This Declaration may be cited as Superannuation (PSS) Membership
Inclusion Declaration No. 11.*1* *1* The Superannuation (PSS) Membership
Inclusion Declaration No. 11 (in force under paragraph 6 (1) (j) of the
Superannuation Act 1990 ) as shown in this reprint comprise Statutory Rules
1994 No. 16 amended as indicated in the Tables below.

                      Table of Statutory Rules

    Year and      Date of         Date of         Application

    Number        Notification    commencement    saving or

                  in Gazette                      transitional

                                                  provisions

    1994 No. 16   15 Feb 1994     1 Dec 1993

    No. 269       26 July 1994    26 July 1994    -

                        Table of Amendments

ad=added or inserted am=amended rep=repealed rs=repealed and substituted

    Provision affected   How affected

    Rr. 3-5              am. 1994 No. 269

    R. 6                 ad. 1994 No. 269

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 11 - REG 2 
Commencement 


  2. This Declaration is taken to have commenced on 1 December 1993.

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 11 - REG 3 
Interpretation 


  3. (1) In this Declaration:

  "Act" means the Superannuation Act 1990;

  "AWRPO" means the Australian Wool Research and Promotion Organisation;

  "Repeal Act" means the Wool Legislation (Repeals and Consequential
Provisions) Act 1993;

  "top-up arrangement" has the meaning given by subclause (2).


  (2) Subject to subclause (3), 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).


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

  (a) the contributions mentioned in subclause (2):

    (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.

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 11 - REG 4 
Inclusion of certain staff of AWRPO as members of the Superannuation 
Scheme 


  4. (1) For the purposes of paragraph 6 (1) (j) of the Act, an employee of
AWRPO is a person to whom section 6 of the Act applies if:

  (a) the employee became an employee of AWRPO by virtue of subsection 36 (1)
of the Repeal Act; and

  (b) the employee has not ceased to be an employee of AWRPO; and

  (c) immediately before the commencement of the Repeal Act, the employee:

    (i) was a member of the Superannuation Scheme; or

    (ii) had made an election and declaration under subsection 244 (1)

of the Superannuation Act 1976; and

  (d) before the day on which the making of this Declaration is notified in
the Gazette:

    (i) the employee made a request, in writing, to continue to be

treated as a member of the Superannuation Scheme; and

    (ii) payment had been made of all contributions that would have

been payable under the Act before that day in relation to the employee if this
Declaration had been made, and its making notified in the Gazette, on or
before the day on which the employee became an employee of AWRPO; and

  (e) the employee has not, in relation to employment with AWRPO, become a
member of a superannuation scheme other than:

    (i) the Superannuation Scheme; or

    (ii) a superannuation scheme to which contributions are made only

in relation to performance pay; or

    (iii) in the case of a person to whom, under subclause 6 (1), this

subparagraph applies - a superannuation scheme of which the person is taken,
under subclause 6 (2), to be a member for top-up purposes; and

  (f) the employee is not a person to whom Division 2 or 3 of Part IV of the
Public Service Act 1922 applies.


  (2) In subclause (1), a reference to an employee of AWRPO includes a
reference to the Managing Director of AWRPO.

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 11 - REG 5 
Inclusion of certain staff of Wool International as members of the 
Superannuation Scheme 


  5. (1) For the purposes of paragraph 6 (1) (j) of the Act, an employee of
Wool International is a person to whom section 6 of the Act applies if:

  (a) immediately before becoming an employee of Wool International, the
employee had continuously been an employee of AWRPO since the commencement of
the Repeal Act; and

  (b) the employee became an employee of AWRPO by virtue of subsection 36 (1)
of the Repeal Act; and

  (c) the employee has not ceased to be an employee of Wool International;
and

  (d) immediately before the commencement of the Repeal Act, the employee:

    (i) was a member of the Superannuation Scheme; or

    (ii) had made an election and declaration under subsection 244 (1)

of the Superannuation Act 1976; and

  (e) before the day on which the making of this Declaration is notified in
the Gazette:

    (i) the employee made a request, in writing, to continue to be

treated as a member of the Superannuation Scheme; and

    (ii) payment had been made of all contributions that would have

been payable under the Act before that day in relation to the employee if this
Declaration had been made, and its making notified in the Gazette, on or
before the day on which the employee became an employee of AWRPO; and

  (f) the employee has not, in relation to employment with AWRPO or Wool
International, become a member of a superannuation scheme other than:

    (i) the Superannuation Scheme; or

    (ii) a superannuation scheme to which contributions are made only

in relation to performance pay; or

    (iii) in the case of a person to whom, under subclause 6 (1), this

subparagraph applies - a superannuation scheme of which the person is taken,
under subclause 6 (2), to be a member for top-up purposes; and

  (g) the employee is not a person to whom Division 2 or 3 of Part IV of the
Public Service Act 1922 applies.


  (2) In subclause (1):

  (a) a reference to an employee of Wool International includes a reference to
the Chief Executive of Wool International; and

  (b) a reference to an employee of AWRPO includes a reference to the Managing
Director of AWRPO.

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 11 - REG 6 
Provisions relating to subparagraphs 4 (1) (e) (iii) and 5 (1) (f) 
(iii) 


  6. (1) For the purposes of subparagraphs 4 (1) (e) (iii) and 5 (1) (f)
(iii), a person is taken to be a person to whom the relevant subparagraph
applies if he or she 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).


  (2) For the purposes of those subparagraphs, 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)).