Superannuation (Pss) Membership Inclusion Declaration No. 4 (Cth)

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 4
(#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. 4 (in force under paragraph 6 (1) (j) of the Superannuation Act 1990) as shown in this reprint comprise Statutory Rules 1991 No. 424 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. 424 19 Dec 1991 19 Dec 1991
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ad=added or inserted am=amended rep=repealed rs=repealed and substituted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. 1994 No. 269

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 4 - TABLE OF 
PROVISIONS 
TABLE

                        TABLE OF PROVISIONS

Regulation

    1.    Citation

    2.    Inclusions

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 4 - REG 1 
Citation 


  1. This Declaration may be cited as Superannuation (PSS) Membership
Inclusion Declaration No. 4.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 4 - REG 2 
Inclusions 


  2. (1) Section 6 of the Superannuation Act 1990 applies to a person who:

  (a) is employed by the Northern Land Council; and

  (b) either:

    (i) was a member of the Superannuation Scheme immediately

before last becoming employed by that Council; or

    (ii) is a person who:

      (A) immediately before last becoming employed by the Council

was an eligible employee for the purposes of the Superannuation Act 1976; and

      (B) has made a declaration and an election under subsection

244 (1) of that Act; and

  (c) is not a member of a superannuation scheme, other than:

    (i) the Superannuation Scheme; or

    (ii) 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;

in relation to that person's employment by the Council; and

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


  (2) For the purposes of subparagraph (1) (c) (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).


  (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.