Superannuation (Pss) Membership Inclusion Declaration No. 3 (Cth)

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 3
(#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. 3 (in force under paragraph 6 (1) (j) of the Superannuation Act 1990) as shown in this reprint comprise Statutory Rules 1991 No. 463 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
1991 No. 463 19 Dec 1991 19 Dec 1991
1992 No. 214 30 June 1992 30 June 1992 -
1994 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ad=added or inserted am=amended rep=repealed rs=repealed and substituted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
R. 2 am. 1992 No. 214;
1994 No. 269

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 3 - TABLE OF 
PROVISIONS 
TABLE

                         TABLE OF PROVISIONS

Regulation

    1.    Citation

    2.    Inclusions

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 3 - REG 1 
Citation 


  1. This Declaration may be cited as the Superannuation (PSS) Membership
Inclusion Declaration No. 3.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 3 - REG 2 
Inclusions 


  2. (1) Subject to subclause (2), section 6 of the Superannuation Act 1990
applies to a class of persons, each of whom:

  (a) is taken, by force of subsection 14 (2) of the Repatriation Institutions
(Transfer) Act 1992, to have resigned from the Australian Public Service at
the start of the day (in this clause called "the relevant day") on which a
State, or an authority of a State, started to operate a repatriation
institution (within the meaning of that Act); and

  (b) on the day immediately before the relevant day:

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

    (ii) made an election and declaration under subsection

244 (1) of the Superannuation Act 1976; and

  (c) is, on the relevant day, in employment at that repatriation institution
that is acceptable continuing employment, within the meaning of the
Repatriation Institutions (Transfer) Act 1992; and

  (d) continues, on and from the relevant day, to be in that employment or:

    (i) where the repatriation institution was, on the relevant day,

operated by a State - other employment by that State, or employment by an
authority of that State; or

    (ii) where the repatriation institution was, on the relevant day,

operated by an authority of a State - other employment by that authority, or
employment by that State or another authority of that State; and

  (e) either:

    (i) does not become a member of a State superannuation scheme;

or

    (ii) in the case of a person to whom, under subclause (3), this

subparagraph applies - a State superannuation scheme of which the person is
taken, under subclause (4), to be a member for top-up purposes.


  (2) Subclause (1) does not apply if the Minister signs a certificate for the
purposes of this Declaration that there are no arrangements, satisfactory to
the Minister, in respect of the payment by the State or the authority of a
State referred to in paragraph (1) (d) to the Commonwealth for the provision
of superannuation under the Superannuation Act 1990 for the person.


  (3) For the purposes of subparagraph (1) (e) (ii), 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).


  (4) 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)).


  (5) Subject to subclause (6), 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).


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

  (a) the contributions mentioned in subclause (5):

    (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.