Superannuation (Pss) Membership Inclusion Declaration No. 12 (Cth)

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 12
(#DATE 08:08:1994)

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

- Updated as at 8 August 1994
*1* The Superannuation (PSS) Membership Inclusion Declaration No. 12 (in force under paragraph 6 (1) (j) of the Superannuation Act 1990) as shown in this reprint comprise Statutory Rules 1994 No. 117 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. 117 3 May 1994 3 Dec 1993
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ad=added or inserted am=amended rep=repealed rs=repealed and substituted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
R. 4 am. 1994 No. 269

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 12 - TABLE OF 
PROVISIONS 
TABLE

                          TABLE OF PROVISIONS

Regulation

    1.    Citation

    2.    Commencement

    3.    Interpretation

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

          Superannuation Scheme

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 12 - REG 1 
Citation 


  1. This Declaration may be cited as Superannuation (PSS) Membership
Inclusion Declaration No. 12.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 12 - REG 2 
Commencement 


  2. This Declaration is taken to have commenced on 3 December 1993.

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 12 - REG 3 
Interpretation 


  3. In this Declaration:

 "Act" means the Superannuation Act 1990;

 "AMT" means Australian Meat Technology Pty Limited;

 "Commonwealth control of AMT" means the holding of a controlling interest in
AMT by all or any of the following:

  (a) the Commonwealth (or its nominees);

  (b) an authority or body, whether a body corporate or not, established for a
public purpose by or under a law of the Commonwealth;

  (c) a company, or other body corporate, that is under Commonwealth control
(within the meaning of this definition);

 "performance pay" means a payment of that name made under an industrial
agreement under Division 3A of Part VI of the Industrial Relations Act 1988.

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 12 - REG 4 
Inclusion of certain staff of AMT as members of the Superannuation Scheme 


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

  (a) immediately before becoming, or last becoming, an employee of AMT, the
employee was an employee of the Commonwealth Scientific and Industrial
Research Organisation; and

  (b) immediately before becoming an employee of AMT, the employee:

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

    (ii) was an eligible employee for the purposes of the

Superannuation Act 1976 and had made an election and declaration under
subsection 244 (1) of the Superannuation Act 1976; and

  (c) since becoming, or last becoming, an employee of AMT, the employee has
not ceased to be such an employee; and

  (d) in the case of a person who becomes an employee of AMT before the day on
which the making of this Declaration is notified in the Gazette:

    (i) the employee had made a request, in writing before that day,

that the employee be, or continue to be, treated as a member of the
Superannuation Scheme; and

    (ii) payment had been made before that day of all contributions

that would have been payable under the Act before that day by 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 AMT; and

  (e) the employee has not, in relation to employment with AMT, 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) a scheme, or a 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

    (iv) in the case of a person to whom, under subclause (2), this

subparagraph applies - a superannuation scheme of which the person is taken,
under subclause (3), to be a member for top-up purposes; and

  (f) Commonwealth control of AMT continues.


  (2) For the purposes of subparagraph (1) (e) (iv), a person is taken to be a
person to whom the 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).


  (3) For the purposes of this clause, 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)).


  (4) Subject to subclause (5), 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).


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

  (a) the contributions mentioned in subclause (4):

    (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.