Superannuation (Pss) Membership Inclusion Declaration No. 6 (Cth)

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 6
(#DATE 12:08:1994)

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

- Updated as at 12 August 1994
*1* The Superannuation (PSS) Membership Inclusion Declaration No. 6 (in force under paragraph 6 (1) (j) of the Superannuation Act 1990) as shown in this reprint comprises Statutory Rules 1991 No. 421 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. 421 19 Dec 1991 1 Jan 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ad=added or inserted am=amended rep=repealed rs=repealed and substituted
substituted
Provision affected How affected
R. 4 am. 1994 No. 269

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 6 - TABLE OF 
PROVISIONS 
TABLE

                      TABLE OF PROVISIONS

Regulation

    1. Citation

    2. Commencement

    3. Interpretation

    4. Persons to whom section 6 of the Act applies

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 6 - REG 1 
Citation 


  1. This Declaration may be cited as Superannuation (PSS) Membership
Inclusion Declaration No. 6.*1*

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 6 - REG 2 
Commencement 


  2. This Declaration commences on 1 January 1992.

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 6 - REG 3 
Interpretation 


  3. In this Declaration:

  "the Act" means the Superannuation Act 1990;

  "the University" means The Australian National University.

SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION No. 6 - REG 4 
Persons to whom section 6 of the Act applies 


  4. (1) A person who:

  (a) on 31 December 1991 was:

    (i) a member of the Superannuation Scheme; and

    (ii) employed by the Canberra Institute of the Arts; and

  (b) on 1 January 1992, became employed by the University; and

  (c) continues without interruption to be employed by the University; and

  (d) subject to subclause (2), is a person:

    (i) who is not a member of the Superannuation Scheme for Australian

Universities; or

    (ii) to whom, under subclause (3), this subparagraph applies and

who is taken, under subclause (4), to be a member of that Scheme for top-up
purposes;

is a person to whom section 6 of the Act applies.


  (2) Paragraph (1) (d) does not apply to a person who, during a period of
absence on leave without pay from the University:

  (a) engages in other employment with the permission of the University; and

  (b) is a member of the Superannuation Scheme for Australian Universities as
a consequence of engaging in that employment.


  (3) 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).


  (4) For the purposes of this clause, a person is taken to be a member of the
Superannuation Scheme for Australian Universities 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 the Superannuation Scheme
for Australian Universities.


  (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.