Superannuation (Pss) Membership Inclusion Declaration No. 5 (Cth)

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 5
(#DATE 12:08:1994)

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

- Updated as at 12 August 1994

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 5 - TABLE OF 
PROVISIONS 
TABLE

                       TABLE OF PROVISIONS

Regulation

    1. Citation

    2. Inclusions

    3. Repeal

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 5 - REG 1 
Citation 


  1. This Declaration may be cited as Superannuation (PSS) Membership
Inclusion Declaration No. 5.*1* *1* The Superannuation (PSS) Membership
Inclusion Declaration No. 5 (in force under paragraph 6 (1) (j) of the
Superannuation Act 1990) as shown in this reprint comprises Statutory Rules
1991 No. 419 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. 419  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ad=added or inserted am=amended rep=repealed rs=repealed and substituted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. 5 - REG 2 
Inclusions 


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

  (a) is a director or an employee of the Dairy Research and Development
Corporation (in this clause called "the Corporation"); and

  (b) either:

    (i) was a member of the Superannuation Scheme immediately before

becoming a person specified in paragraph (a); or

    (ii) is a person who:

      (A) immediately before becoming a person specified in paragraph

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

      (B) has made an election and a declaration under subsection 244

(1) of that Act; and

  (c) has not at any time since becoming a person specified in paragraph (a)
ceased to be such a person; and

  (d) since becoming a person specified in paragraph (a) has not been a member
of a superannuation scheme in relation to that person's employment with the
Corporation, 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; and

  (e) 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) (d) (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.

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 5 - REG 3 
Repeal 


  3. Statutory Rules 1991 No. 107 are repealed.