Superannuation (PSSAP) Trust Deed (Cth)
Superannuation (PSSAP) Trust Deed
made under section 10 of the
Superannuation Act 2005
Compilation No. 17
Compilation start date: 14 June 2017
Includes amendments up to: Superannuation (PSSAP Trust Deed) (Superannuation Reforms and Other Matters) Amendment Instrument 2017
Registered: 15 June 2017
About this compilation
This compilation
This is a compilation of the Superannuation (PSSAP) Trust Deed that shows the text of the law as amended and in force on 14 June 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
TABLE OF PROVISIONS
Clause Item
1. Interpretation
2. Establishment of the Public Sector Superannuation Accumulation Plan (PSSAP) and the PSSAP Fund
3. Functions and Powers of CSC in relation to PSSAP
5. Operation of the PSSAP Fund
6. Investment of the PSSAP Fund
7. Requests by Minister for Information
8. Delegation by CSC
9. Delegations by the Minister for Finance and Administration
TRUST DEED
THIS DEED, to be known as the Superannuation (PSSAP) Trust Deed, is made on 29 June 2005 by the COMMONWEALTH OF AUSTRALIA.
WHEREAS section 10 of the Superannuation Act 2005 (in this Deed called the “Act”) provides that before 1 July 2005, the Minister must, for and on behalf of the Commonwealth, by deed:
(a)establish a superannuation scheme that:
(i)is to be known as the Public Sector Superannuation Accumulation Plan;
(ii)may also be known as PSSAP; and
(iii)is for the benefit of persons who will be members of PSSAP; and
(b) establish and vest in the Australian Reward Investment Alliance (formerly known at the PSS Board) established under section 20 of the Superannuation Act 1990 (the “Board”), a fund for the purposes of the PSSAP; and
(c) set out the functions and powers of CSC in relation to PSSAP and the PSSAP Fund;
AND WHEREAS section 12 of the Act provides that the Rules for the administration of PSSAP set out in the Schedule to the Deed referred to in section 10 of the Act (in this Deed called the Rules):
(a)may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under the Act;
(i) the non-member spouse is entitled to benefits determined in accordance with the Rules; and
(ii) the benefits of the member spouse are reduced in accordance with the Rules; and
(b)may include any other provision that is related to, or consequential on, provisions referred to in paragraph (a) concerning a splitting agreement or splitting order;
NOW THIS DEED WITNESSES AS FOLLOWS:
| 1 | Interpretation |
1.1 In this Deed, where the context requires or admits, a reference to the Deed shall include a reference to the Rules, as set out in the Schedule, and the Rules shall form part of the Deed. In the case of an inconsistency between the Deed and the Rules, the Deed shall prevail.
1.2 In this Deed, where the context requires or admits, words and expressions defined in the Act have the same meanings when used in the Deed. The headings in this Deed are for the convenience of reference only and shall not affect its interpretation.
1.4 In this Deed, “Minister” means:
(a) the Commonwealth Minister of State for Finance;
(b) if 2 or more Commonwealth Ministers administer Departments which have functions in relation to the administration of matters to which the Deed relates, the Minister who administers the Department which has the function in relation to each of those matters; or
(c) a member of the Executive Council acting for the time being for and on behalf of any of those Ministers; or
(d) a person, as defined in clause 9, to whom the Minister for Finance has delegated his powers.
1.5 In this Deed, “APS employee” has the same meaning as in the Public Service Act 1999.
1.7 In this Deed, “PSSAP member” means a person who is a member of PSSAP due to the operation of Part 3 of the Act.
Subclauses 1.3, 1.6 and 1.8 deleted in the 5th amending deed.
| 2 | Establishment of the Public Sector Superannuation Accumulation Plan (PSSAP) and the PSSAP Fund |
2.1 There is hereby established from 1 July 2005 a superannuation scheme (to be known as the “Public Sector Superannuation Accumulation Plan” or “PSSAP”) for the benefit of members of PSSAP and non-member spouses entitled to benefits, to be administered in accordance with the Deed:
(a) in relation to the period from 1 July 2005 to immediately before the commencement of the Governance of Australian Government Superannuation Schemes Act 2011, by the Australian Reward Investment Alliance (which, in this Deed, is called “the Board”); and
(b) in relation to the period immediately following the commencement of the Governance of Australian Government Superannuation Schemes Act 2011, by the Commonwealth Superannuation Corporation (CSC) as defined in the Governance of Australian Government Superannuation Schemes Act 2011 (in this Deed called “CSC”).
2.2 There is hereby established from 1 July 2005, and vested in CSC (formerly referred to as “the Board”), a fund for the purposes of PSSAP (to be known as the PSSAP Fund”).
| 3 | Functions and Powers of CSC in relation to PSSAP |
3.1 The functions of CSC in relation to PSSAP and the PSSAP Fund are to administer PSSAP and to manage and invest the PSSAP Fund in accordance with the provisions of the Act and this Deed including, without limiting the generality of the foregoing, the following functions:
(a) to receive payments from designated employers as provided for in the Act and other superannuation entities in accordance with this Deed;
(b) to pay benefits to the persons entitled to receive benefits from PSSAP in accordance with the Act and this Deed;
(c) to provide information about benefits or potential benefits, and available options, to:
(i) PSSAP members;
(ii) non-member spouses; and
(iii) potential PSSAP members;
(d) to provide advice to the Minister on proposed changes to the Act and the Deed; and
(e) to determine interest rates for the purposes of PSSAP.
3.2 CSC has power in Australia and elsewhere to do all things necessary or convenient to be done for, or in connection with, the performance of its functions and, in particular, may:
(a) give guarantees;
(b) underwrite or sub-underwrite any form of investment including the underwriting or sub-underwriting of the issue of shares, debentures or units in a unit trust;
(c) borrow moneys and give security over the whole or any part of the assets of the PSSAP Fund;
(d) appoint agents and attorneys;
(e) act as agent for other persons;
(f) engage consultants and investment managers;
(g) engage a panel of persons to assist it in determining whether a person is to be retired on the grounds of invalidity;
(h) establish a Reconsideration Advisory Committee or Committees to examine and report on decisions of CSC and its delegates under the Rules relating to entitlements to benefits of PSSAP members and non-member spouses entitled to benefits;
(i) effect policies with insurers in CSC’s name to provide death and invalidity cover and income protection cover for members in accordance with the Rules;
(j) take action to control or manage, or to enhance or protect, the value of, any investment made out of the PSSAP Fund, or to enhance or protect, the return on any such investment;
(k) arrange for the purchase of income products, including retirement income products, by members, non-members and beneficiaries as provided for in the Rules;
(l) establish a trust for the purpose of investing the PSSAP Fund and manage and administer the trust; and
(m) charge reasonable fees relating to the costs of the administration of the Act and this Deed, including arrangements connected with PSSAP members and non-member spouses choosing particular investment strategies and arrangements connected with splitting of superannuation interests under the Family Law Act 1975.
3.3 In exercising its functions and powers, CSC shall comply with the requirements of the Superannuation Industry (Supervision) Act 1993 and Regulations made under that Act, and have regard to the interests of PSSAP members, their employers and non-member spouses entitled to benefits.
3.4 CSC must cause proper records to be kept in respect of:
(a) contributions paid into the PSSAP Fund; and
(b) benefits paid under the Act and this Deed.
Notes:
1. Under section 52 of the Superannuation Industry (Supervision) Act 1993, this Deed is taken to contain the covenants set out in that section.
| 5 | Operation of the PSSAP Fund |
5.1 All contributions and other moneys paid to CSC for the purposes of PSSAP, or as directed by CSC, shall be held in trust by CSC in the PSSAP Fund. The PSSAP Fund shall be managed and invested by CSC in accordance with the Act and the Deed.
5.2 The PSSAP Fund shall comprise:
(a) contributions made by members;
(b) contributions made by employers pursuant to the Act and the Deed;
(c) any other moneys paid or transferred to CSC pursuant to the Act and the Deed or which become subject to the trusts of the Deed;
(d) the income arising or derived from investments held within the PSSAP Fund; and
(e) any accretions to or profits on realisation of investments held within the PSSAP Fund.
5.3 CSC must pay the following out of the PSSAP Fund:
(a) benefits in respect of PSSAP members;
(b) costs of the administration of the Act and this Deed;
(c) taxes relating to PSSAP and the PSSAP Fund.
Note:
The costs of the administration of the Act and this Deed include the costs of and incidental to both the management of the PSSAP Fund by CSC and the investment of money from the PSSAP Fund.
Subclauses 5.4 and 5.5 deleted in the 5th amending deed.
| 6 | Investment of the PSSAP Fund |
6.1 For the purposes of this clause:
(a) “invest” means expend moneys with a view to obtaining a present or future financial return (whether by way of income, profit or otherwise); and
(b) “profit” includes capital profit.
6.2 Moneys standing to the credit of the PSSAP Fund which are, in the opinion of CSC, moneys that are not for the time being required for the purpose of making payments out of the PSSAP Fund under the Act and the Deed shall, so far as is practicable, be invested by CSC in accordance with the Act and the Deed, but CSC shall so manage the PSSAP Fund that moneys that are from time to time required to pay benefits that are payable out of the PSSAP Fund are available for that purpose.
6.3 Moneys that, by virtue of subclause 6.2, are required to be invested by CSC may be invested in any manner and, without limiting the generality of the foregoing, may be invested by CSC jointly with another person or other persons.
6.4 CSC must determine an investment strategy and policy of the PSSAP Fund as soon as possible after 1 July 2005 and thereafter regularly review such a strategy and policy, and, where it considers it necessary or desirable, change its existing investment strategy or policy. In determining and reviewing its investment strategy and policy, CSC shall consult with such persons or bodies as it thinks fit.
6.5 CSC shall invest moneys standing to the credit of the PSSAP Fund that are available for investment only through an investment manager or managers who undertake to invest, and manage the investment of those funds on behalf of CSC.
6.6 CSC shall ensure that any investment manager engaged by CSC in relation to the PSSAP Fund:
(a) operates within the investment powers of CSC and the investment strategy and policy as determined for the time being by CSC; and
(b) reports to CSC on the state of CSC’s investments and the investment market at such times and in such manner as CSC determines.
| 7 | Requests by Minister for Information |
7.1 CSC shall furnish to the Minister such information relating to the general administration and operation of PSSAP and the PSSAP Fund as the Minister may from time to time require.
| 8 | Delegation by CSC |
8.1 Subject to subclause 8.2, CSC may by an instrument under its seal delegate to:
(a) a director of CSC; or
(c) a member of the staff of CSC; or
(d) an APS employee in the Department referred to in subclause 1.4; or
(e) an officer or employee of the person who is responsible for investing money forming part of a superannuation fund vested in or managed by CSC; or
(f) any other person who performs duties in connection with the operation of the Deed; or
(g) a committee consisting of 2 or more persons each of whom is a person referred to in any of the above paragraphs; or
(h) any other person;
all or any of its powers under the Deed other than its power to reconsider its own decisions or decisions made by its delegates.
8.2 CSC may by an instrument under its seal delegate to a Reconsideration Advisory Committee established under the Rules CSC’s power to reconsider its own decision or a decision made by its delegate in relation to PSSAP or the PSSAP Fund and to determine the matter by:
(a) affirming the decision under reconsideration; or
(b) varying the decision; or
(c) substituting another decision; or
(d) setting the decision aside;
and, at its discretion, refunding any fee paid.
8.3 If CSC delegates a power under subclause 8.1, other than paragraph (h), the delegate may, by writing, sub-delegate the power:
(a) if the delegate is a director of CSC — to:
(i) another director of CSC; or
(ii) a person referred to in paragraph 8.1(c), (d), (e) or (f); or
(c) if the delegate is a person referred to in paragraph 8.1(c), (d), (e) or (f) — to:
(i) another person referred to in the same paragraph; or
(ii) a person referred to in another of those paragraphs.
8.4 Section 34AA and paragraphs 34AB(a), (b) and (d) of the Acts Interpretation Act 1901 apply in relation to a sub-delegation in a corresponding way to the way in which they apply to a delegation.
8.5 Section 34A and paragraphs 34AB(c) and (d) of the Acts Interpretation Act 1901 apply in relation to a sub-delegation as if it were a delegation.
| 9 | Delegations by the Minister for Finance |
9.1 The Minister may by signed instrument delegate all or any of his or her powers under the Deed, other than this power of delegation, to:
(a) CSC; or
(b) an APS employee in the Department referred to in subclause 1.4; or
(c) a director of CSC; or
(d) a member of the staff of CSC.
THE SCHEDULE
RULES FOR THE ADMINISTRATION OF THE PUBLIC SECTOR
SUPERANNUATION ACCUMULATION PLAN (PSSAP) (THE RULES)
TABLE OF PROVISIONS
| Description | Page Number |
| Part 1 — Introduction | |
| Division 1 — Understanding the Rules | |
| Structure of the Rules | 15 |
| Division 2 — Words and phrases used in the Rules | |
| Explanations of certain words and phrases | 17 |
| Part 2 — Membership and Contributions | |
| Division 1 — Membership | |
| Becoming a PSSAP member | 26 |
| Concurrent memberships - ordinary employer-sponsored member | 26 |
| Concurrent memberships - current government scheme member | 26 |
| Concurrent memberships - ordinary employer-sponsored and government scheme member | 27 |
| Division 1A — MySuper product | |
| MySuper product | 28 |
| MySuper product – general characteristics | 28 |
| MySuper product – fees | 29 |
| MySuper product – insurance | 29 |
| Division 2 — Contributions by employers | |
| Basic contributions by designated employers | 30 |
| Superannuation salary | 30 |
| Additional employer contributions | 30 |
| Additional employer contributions - salary sacrifice contributions for current government scheme members | 31 |
| Method of payment of employer contributions | 31 |
| Payments to be paid into the PSSAP Fund | 32 |
| Reporting of employer contributions | 32 |
| Division 3 — Contributions by ordinary employer-sponsored members | |
| When employee contributions can be made | 33 |
| Eligible spouse contributions | 33 |
| Income protection superannuation contribution amount | 33 |
| Method of payment of contributions | 33 |
| Payments to be paid into the PSSAP Fund | 33 |
| Division 3A — Contributions by current government scheme members | |
| When current government scheme member contributions can be made | 34 |
| Eligible spouse contributions | 34 |
| Method of payment of employee contributions and eligible spouse contributions | 34 |
| Payments to be paid into the PSSAP Fund | 34 |
| Division 3B — Contributions for consolidation with pension accounts | |
| When contributions can be made for consolidation purposes | 35 |
| Eligible spouse contributions | 35 |
| Method of payment of contributions and eligible spouse contributions | 36 |
| Payments to be paid into the PSSAP Fund | 36 |
| Division 4 — Transfer amounts | |
| Amounts that may be transferred or rolled-over into the PSSAP Fund | 37 |
| Method of payment of transfer amounts | 38 |
| Payments to be paid into the PSSAP Fund | 38 |
| Division 4A — Contributions-Splitting Superannuation | |
| When contributions-splitting superannuation benefits can be paid to CSC | 39 |
| Division 5 — Administration fees | |
| Administration fees for PSSAP members | 40 |
| Part 3 — Benefits | |
| Division 1 — Benefits | |
| Applications for payment of benefits | 41 |
| Payment of benefits to a PSSAP member who has ceased to be an ordinary employer-sponsored member | 41 |
| Payment of benefits to a PSSAP member on compassionate and financial hardship grounds | 42 |
| Payment of benefits to ordinary employer-sponsored members | 42 |
| Payment of benefits to a legal personal representative where member not deceased | 42 |
| Payment of death benefits | 42 |
| Payment in accordance with a release authority | 43 |
| Preservation of benefits not paid | 43 |
| Applications for roll-over or transfer of benefits | 43 |
| Preservation or transfer of benefits | 43 |
| Payment of benefits to eligible roll-over fund | 44 |
| Payment of contributions-splitting superannuation benefits | 44 |
| Division 2 — Death benefits | |
| Who is entitled to be paid death benefits | 45 |
| Division 3 — Permanent invalidity | |
| Application for approval of invalidity retirement | 46 |
| Invalidity retirement process | 46 |
| Division 4 — Income protection benefits | |
| Income protection benefits | 47 |
| Assessment of applications for income protection benefits | 47 |
| Payment of income protection benefits | 47 |
| Division 5 — Retirement income products | |
| CSC may arrange income products | 48 |
| Division 6 — Account-based pensions provided by CSC | |
| Payment of account-based pensions | 49 |
| Pension account | 50 |
| Commutation of amounts held in pension account | 50 |
| Fees, costs and expenses relating to pension accounts | 51 |
| Pension account – member investment choice on death | 51 |
| References in other rules | 51 |
| Nomination of reversionary beneficiary | 51 |
| Death of a person with a pension account | 51 |
| Part 4 — Insurance | |
| Division 1 — Death and invalidity cover | |
| CSC to arrange policy | 53 |
| Provision of death and invalidity cover | 53 |
| Claims by CSC | 53 |
| Death and invalidity cover premiums | 54 |
| Cessation of death and invalidity cover | 54 |
| Division 3 — Income protection cover | |
| CSC to arrange policy | 56 |
| Provision of income protection cover | 56 |
| Cessation of income protection cover | 56 |
| Income protection cover premiums | 56 |
| Part 5 — Other Matters | |
| Division 1 — Personal accumulation account | |
| CSC must keep personal accumulation accounts | 58 |
| Accumulation amount | 58 |
| Division 2 — Crediting of fund earnings and debiting of fund losses | |
| Crediting of earnings and debiting of expenses and losses | 60 |
| Division 3 — Superannuation surcharge | |
| Application of the Superannuation Contributions Tax | 61 |
| Division 4 — Member investment choice | |
| Member Investment Choice | 62 |
| Division 5 — Incorrectly paid amounts | |
| CSC must redirect incorrectly paid amounts and correct the PSSAP Fund | 63 |
| CSC must redirect incorrectly paid amounts and correct personal accumulation accounts, pension accounts and non-member spouse accounts | 63 |
| CSC must return contributions that should not have been accepted | 63 |
| Part 6 — Review of Decisions | |
| Division 1 — Reconsideration Advisory Committees | |
| Establishing Reconsideration Advisory Committees | 65 |
| CSC responsibilities to Reconsideration Advisory Committees | 65 |
| Recommendation by Reconsideration Advisory Committees | 65 |
| Division 2 — Reconsidering delegate’s decisions | |
| Request for reconsideration | 66 |
| Reconsideration of decision of delegate | 66 |
| Decision to be notified to affected person | 66 |
| Division 3 — Reconsidering CSC Decisions | |
| Request for reconsideration | 67 |
| Clear decision in favour of person | 67 |
| Reconsideration of decision of CSC | 67 |
| Decision to be notified to affected person | 68 |
| Division 4 — CSC initiated reconsiderations | |
| CSC may initiate a reconsideration of a decision | 69 |
| Part 7 — Family Law Superannuation Splitting | |
| Division 1 — CSC powers and duties: superannuation interests subject to payment split | |
| Powers and duties of CSC: adoption of SIS Regulations | 70 |
| Division 2 — CSC to establish a non-member spouse | |
| CSC to establish a non-member spouse interest account | 71 |
| Administration fees debited from non‑member spouse interest account | 71 |
| Payments made under a release authority | 71 |
| CSC to consolidate non-member spouse interest account and personal accumulation account | 71 |
| Division 3 — Rights and restrictions applying to a | |
| CSC may determine terms and conditions for non member spouse interest | 72 |
| Right of non-member spouse to benefits | 72 |
| Right of person claiming death benefits | 72 |
| CSC may offer non-member spouse choice of investment strategy | 72 |
| Employee contributions not able to be credited to non-member spouse interest account | 72 |
| PART 1 — INTRODUCTION |
| Division 1 | Understanding the Rules |
Structure of the Rules
1.1.1 These Rules are divided into 7 Parts, each dealing with a major aspect of the operation of PSSAP. The Parts and a general guide to each Part are set out below.
| Guide to the 7 Parts of the Rules | ||
| Part | Title | Deals With |
| 1 | Introduction | The structure of the Rules and defines special terms and phrases, and some concepts, used in the Rules. |
| 2 | Membership and contributions | How you become a member of PSSAP. Also covers the payment to CSC of contributions and transfer amounts in respect of an ordinary employer-sponsored member of PSSAP by designated employers and by or on behalf of employees and the transfer of amounts to the plan from other superannuation entities. |
| 3 | Benefits and payments | Payment of benefits, roll-over of amounts from PSSAP, invalidity benefits, income protection benefits, transition to retirement products and retirement income products. |
| 4 | Insurance | Provision of death and invalidity cover and income protection cover. |
| 5 | Other matters | Personal accumulation accounts, investment earnings and losses, superannuation surcharge and member investment choice. |
| 6 | Review of decisions | The internal review mechanisms available to have a decision of CSC or its delegate reconsidered in relation to PSSAP. |
| 7 | Family Law Superannuation Splitting | Splitting of superannuation between a member spouse and a non-member spouse following a splitting agreement or splitting order under the Family Law Act 1975. |
1.1.2 Each Part is further divided into Divisions addressing unique groupings within the Part and each Division is made up of Rules containing specific provisions. Rules do not necessarily have their own Rule headings.
1.1.3 The Rules have been numbered so that the first number refers to the Part, the second number refers to the Division number within that Part and the third to the Rule number within that Division. For example, Rule 2.3.1 is the first Rule in Division 3 of Part 2 of the Rules.
1.1.4 There are several notes within the Rules to help readers understand the more complicated superannuation concepts or to inform them of the need to refer to another area of the Rules. However, these aids (including Part, Division and Rule headings) do not form part of the Rules.
| Division 2 | Words and phrases used in the Rules |
Explanations of certain words and phrases
1.2.1 Because some words and phrases have a special meaning when used in the Rules they have been explained below or in the Trust Deed. They appear throughout the Rules in bold print to remind the reader that they have a special meaning.
| account-based pension | has the same meaning as in the SIS Regulations. |
| accumulation amount | in relation to a PSSAP member means the amount specified in Rule 5.1.4. |
| additional employer contributions | means, in respect of an ordinary-employer-sponsored member, contributions made by the designated employer of that member under Rule 2.2.4, and, in respect of a current government scheme member, salary sacrifice contributions made by the designated employer of that member under Rule 2.2.4A. |
| APS Agency | means an Agency within the meaning of the Public Service Act 1999. |
| assessment | has the same meaning as in the Superannuation Contributions Tax (Assessment and Collection) Act 1997. |
| Australian government superannuation scheme member | has the same meaning as in the Act. |
| AWA | means an “AWA” within the meaning of clause 1 of Schedule 7A to the Workplace Relations Act 1996, as continued in existence as a transitional instrument under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. |
| basic employer contributions | means, in respect of an ordinary employer-sponsored member, contributions paid by the designated employer of that member under Rule 2.2.1. |
| benefit application | means a written application to CSC requesting CSC to pay a benefit under these Rules. |
| binding member nomination | means a notice in such form and manner as CSC specifies from time to time that meets the requirements of the SIS Act, given by a PSSAP member to CSC requiring CSC to pay some or all of a PSSAP member’s benefit on or after their death to the person or persons mentioned in the notice. |
| cashed | has the same meaning as in the SIS Act. |
| compensation leave | means any period during which a person is absent full-time from his/her employment due to an incapacity for work resulting from an injury in respect of which compensation is payable under section 19 or 22 of the Safety, Rehabilitation and Compensation Act 1988 or any period in respect of which persons not covered by that Act are receiving similar compensation payments. |
| contributions-splitting superannuation benefit | means a payment made in accordance with subregulation 6.45(2) of the SIS Regulations. |
| CSC | (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011. |
| CSS | means the superannuation scheme established by the Superannuation Act 1976, known as the Commonwealth Superannuation Scheme. |
| current government scheme member | means a person who has a PSSAP membership because they were, and continue to be, an Australian government superannuation scheme member. |
| death and invalidity cover | means insurance coverage provided or offered to PSSAP members and non-member spouses under Division 1 of Part 4 of the Rules. |
| Note: Where a current government scheme member, who is employed by two or more designated employers, ceases to be the employee of one or more, but not all, of those designated employers, the person does not cease to be a current government scheme member. Also, where a person is a current government scheme member with one designated employer and, upon ceasing to be the employee of that designated employer, immediately becomes the employee of another designated employer, the person does not cease to be a current government scheme member. See Rule 2.1.5. | |
| decision | for the purposes of reconsidering decisions of CSC under Part 6 of the Rules, includes: (a) making, suspending, revoking or refusing to make an order or determination; (b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission; (c) issuing, suspending, revoking or refusing to issue an authority or other instrument; (d) imposing a condition or restriction; (e) making a declaration, demand or requirement; (f) retaining, or refusing to deliver up, an article; and (g) doing or refusing to do any other act or thing; under the Rules. |
| dependant | has the same meaning as in the SIS Act. |
| designated employer | in relation to an ordinary employer-sponsored member, or a current government scheme member, is the designated employer of that member determined in accordance with section 19 of the Act. |
| directed termination payment | has the same meaning as in the Income Tax (Transitional Provisions) Act 1997. |
| director | has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011. |
| eligible roll-over fund | has the same meaning as in the SIS Act. |
| eligible spouse contributions | has the same meaning as in the SIS Act. |
| employee contributions | means contributions paid by a PSSAP member under Rules 2.3.1, 2.3A.1 or 2.3B.1. |
| employer contribution shortfall | means the amount, if any, reported under Rule 2.2.10. |
| enterprise agreement | means a “enterprise agreement” within the meaning of section 12 of the Fair Work Act 2009. |
| former Australian government superannuation scheme member | has the same meaning as in the Act. |
| former government scheme member | means a person who has a PSSAP membership because they were, and continue to be, a former Australian government superannuation scheme member. |
| general insurance company | has the same meaning as in the Income Tax Assessment Act 1997. |
| government scheme member | means a person who has a PSSAP membership because they are or were an Australian government superannuation scheme member or former Australian government superannuation scheme member. |
| income protection benefits | means benefits payable under Division 4 of Part 3. |
| income protection cover | means insurance cover provided in respect of PSSAP members or non-member spouses under Division 3 of Part 4 of the Rules. |
| income protection superannuation contribution amount | means a payment paid by an insurance company under an income protection insurance policy which intends to represent a superannuation contribution during a period of sickness or incapacity of the policy holder. |
| insurance company | means either a life insurance company or general insurance company. |
| insurance premium | means any amounts payable in respect of a PSSAP member or a non-member spouse for insurance coverage under Part 4 of the Rules. |
| invalidity retirement | means the termination of the employment of an ordinary employer-sponsored member on the ground that they are unable to perform their duties because of any mental or physical condition. |
| legal personal representative | has the same meaning as in the SIS Act. |
| life insurance company | has the same meaning as in the Income Tax Assessment Act 1997. |
| maternity or parental leave | in relation to an ordinary employer-sponsored member means leave of absence taken: (a) in relation to the birth of a child of the person; or (b) because the person’s pregnancy ended for reasons other than birth; or (c) in relation to the adoption of a child by the person. |
| member-financed benefits | has the same meaning as in the SIS Act. |
| member spouse | in relation to a superannuation interest in the PSSAP Fund, means the spouse who has the superannuation interest. |
| MySuper product | has the same meaning as in the SIS Act. |
| non-commutable allocated annuity | has the same meaning as in the SIS Act. |
| non-commutable allocated pension | has the same meaning as in the SIS Act. |
| non-commutable annuity | has the same meaning as in the SIS Act. |
| non-commutable income stream | has the same meaning as in the SIS Act. |
| non-commutable pension | has the same meaning as in the SIS Act. |
| non-member spouse | in relation to a superannuation interest in the PSSAP Fund, means the spouse who is not the member spouse in relation to that interest. |
| non-member spouse interest | means an interest created in the PSSAP Fund for the |
| non-member spouse interest account | means an account created by CSC in respect of a non-member spouse interest under Rule 7.2.1. |
| ordinary employer- sponsored member | means a person who is an ordinary employer-sponsored member of PSSAP in accordance with Part 4 of the Act. Note: Where an ordinary employer-sponsored member, who is employed by two or more designated employers, ceases to be the employee of one or more, but not all, of those designated employers, the person does not cease to be an ordinary employer-sponsored member. Also, where a person is an ordinary employer-sponsored member with one designated employer and, upon ceasing to be the employee of that designated employer, immediately becomes the employee of another designated employer, the person does not cease to be an ordinary employer-sponsored member. See Rule 2.1.2. |
| ordinary time earnings | has the same meaning as in the Superannuation Guarantee (Administration) Act 1992. |
| other approved employment | means: (a) employment with an organisation or association registered or recognised under the Fair Work (Registered Organisations) Act 2009, the membership of which includes people who are members of the CSS or the PSS or the PSSAP or a body consisting of such organisations; (b) if the person is employed in an APS Agency — employment that is approved by the Agency Head (within the meaning of the Public Service Act 1999) of the Agency on the basis that the engagement of the person in the other employment is in the interests of the Australian Public Service; or (c) if the person is not employed in an APS Agency — employment that is approved by the person’s designated employer on the basis that the engagement of the person in the other employment is in the interests of the designated employer; provided the temporary employer agrees to reimburse the designated employer for the cost of making basic employer contributions. |
| pay advice document | means a pay-slip or other document advising an employee about the amount of salary or wages paid for a period of time and includes a document in electronic form. |
| pay day | means the day on which a regular salary payment is made by a designated employer to an ordinary employer-sponsored member and, in the case of an ordinary employer-sponsored member who: (a) is referred to in Rule 2.2.2(b); and (b) does not receive a salary payment from a designated employer due to a period of: (i) unpaid leave of 12 weeks or less; or (ii) maternity or parental leave; or (iii) sick leave without pay; or (iv) a period of compensation leave; or (v) a period of leave of absence for the purposes of engaging in other approved employment, also means the day that the ordinary employer-sponsored member would otherwise have received a salary payment from the designated employer. |
| pension account | means an account established by CSC under Rule 3.6.4. |
| permanent incapacity | has the same meaning as in the SIS Act. |
| personal accumulation account | means the account kept by CSC for each PSSAP member under Division 1 of Part 5 of the Rules. |
| pre-reform AWA | means a “pre-reform AWA” within the meaning of clause 1 of Schedule 7 to the Workplace Relations Act 1996, as continued in existence as a transitional instrument under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. |
| pre-reform certified agreement | means a “a pre-reform certified agreement” within the meaning of clause 1 of Schedule 7 to the Workplace Relations Act 1996, as continued in existence as a transitional instrument under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. |
| preservation age | has the same meaning as in the SIS Act. |
| PSS member | means a person who is a member of the PSS due to the operation of Part 3 of the 1990 Act. |
| PSS | means the superannuation scheme established by the Trust Deed, as amended from time to time, referred to in section 4 of the 1990 Act. |
| PSSAP pensioner | means a person who has a pension account or accounts, other than a reversionary beneficiary. |
| quarter | has the same meaning as in the Superannuation Guarantee (Administration) Act 1992. |
| release authority | means a release authority issued under the taxation legislation for the release of an amount held in a member’s account. |
| remuneration determination | means: (a)any determination made under the Remuneration Tribunal Act 1973: or (b)any determination made under another Act or a law of a Territory in respect of remuneration for a person holding a statutory office or appointed under an Act or law of a Territory, not being a determination of remuneration made under section 24 of the Public Service Act 1999 or section 24 of the Parliamentary Service Act 1999; or (c)an assignment to an amount of remuneration under subsection 14(3) of the Remuneration Tribunal Act 1973 for a Secretary of a Department appointed under the Public Service Act 1999. |
| reversionary beneficiary | means a person who is receiving an account-based pension because of the death of a PSSAP pensioner. |
| roll-over | has the same meaning as in the SIS Act. |
| roll-over application | means a written application to CSC requesting CSC to roll-over or transfer benefits from the PSSAP to a superannuation entity, an RSA or a life insurance company. |
| roll-over superannuation benefit | has the same meaning as the Income Tax Assessment Act 1997. |
| RSA | has the same meaning as in the SIS Act. |
| shortfall component | means the shortfall component within the meaning of section 64A or 64B of the Superannuation Guarantee (Administration) Act 1992. |
| SIS Act | means the Superannuation Industry (Supervision) Act 1993 and the regulations in force under that Act. |
| SIS Regulations | means the Superannuation Industry (Supervision) Regulations 1994. |
| standard risk | in relation to an ordinary employer-sponsored member being assessed by a life office for the provision of supplementary death and invalidity cover or income protection cover under Part 4 of the Rules, means an ordinary employer-sponsored member who does not: (a) suffer from any physical or mental incapacity or condition; or (b) engage in any hazardous occupation or pursuit. |
| superannuation entity | has the same meaning as in the SIS Act. |
| superannuation salary | has the meaning given in Rule 2.2.2. |
| surcharge | has the same meaning as in the Superannuation Contributions Tax (Assessment and Collection) Act 1997. |
| surchargeable contributions | has the same meaning as in the Superannuation Contributions Tax (Assessment and Collection) Act 1997. |
| taxation legislation | means the Taxation Administration Act 1953, the Income Tax Assessment Act 1997 or the Income Tax (Transitional Provisions) Act 1997. |
| temporary incapacity | has the same meaning as in the SIS Act. |
| total benefit | in relation to a PSSAP member, means the balance of the member’s personal accumulation account at the end of the day before the benefit is paid. |
| transfer | has the same meaning as in the SIS Act. |
| transfer amount | means an amount transferred or rolled-over in respect of: (a) an ordinary employer-sponsored member to CSC under Rule 2.4.1; or (b) a PSSAP member to CSC under Rule 2.4.1A or Rule 2.4.1D; or (c) a current government scheme member to CSC under Rule 2.4.1B; or (d) a former government scheme member to CSC under Rule 2.4.1C; less income tax payable by the PSSAP Fund in relation to that amount. |
| transitional member | means an ordinary employer-sponsored member who has attained their preservation age. |
| transition to retirement income stream | has the same meaning as in the SIS Act. |
| workplace agreement | means a “workplace agreement” within the meaning of section 4 of the Workplace Relations Act 1996, as continued in existence as a transitional instrument under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. |
| workplace determination | means a “workplace determination” within the meaning of section 12 of the Fair Work Act 2009. |
| PART 2 — MEMBERSHIP AND CONTRIBUTIONS |
| Division 1 | Membership |
Becoming a PSSAP member
Note: | A person becomes a PSSAP member under Part 3 of the Act, which also specifies the duration of the person’s PSSAP membership. As well as specifying when a person is eligible to become a member of PSSAP, that Part empowers the Minister to either declare that a particular person is eligible to become a PSSAP member or is not eligible to become a PSSAP member. A designated employer is required to pay contributions only in respect of: · ordinary employer-sponsored members; and · current government scheme members (salary sacrifice contributions only). Part 4 of the Act sets out the situations in which a PSSAP member is an ordinary employer-sponsored member of PSSAP. |
Concurrent memberships – ordinary employer-sponsored member
2.1.1 A person may be an ordinary employer-sponsored member in respect of two or more concurrent employments.
2.1.2 Where an ordinary employer-sponsored member, who is employed by two or more designated employers at the same time, ceases to be an employee of one or more but not all of those designated employers, the person will not cease to be an ordinary employer-sponsored member. Also, where an ordinary employer-sponsored member ceases to be employed by one designated employer but immediately afterwards becomes an employee of another designated employer, the person does not cease to be an ordinary employer-sponsored member.
2.1.3 Where a person is an ordinary employer-sponsored member in respect of two or more concurrent employments, CSC may maintain one personal accumulation account for the member.
Note: | CSC must keep a personal accumulation account (and/or pension account) for each PSSAP member. (See Rule 5.1.1.) |
Concurrent memberships – current government scheme member
2.1.4 A person may be a current government scheme member in respect of two or more concurrent employments.
2.1.5 Where a current government scheme member, who is employed by two or more designated employers at the same time, ceases to be an employee of one or more but not all of those designated employers, the person will not cease to be a current government scheme member. Also, where a current government scheme member ceases to be employed by one designated employer but immediately afterwards becomes an employee of another designated employer, the person does not cease to be a current government scheme member.
2.1.6 Where a person is a current government scheme member in respect of two or more concurrent employments, CSC may maintain one personal accumulation account for the member.
Note: | CSC must keep a personal accumulation account (and/or pension account) for each PSSAP member. (See Rule 5.1.1.) |
Concurrent memberships – ordinary employer-sponsored and government scheme member
2.1.7 A person may have concurrent PSSAP memberships as an ordinary employer-sponsored member and as a government scheme member.
2.1.8 Where a person is concurrently an ordinary employer-sponsored member and a government scheme member, CSC may maintain one personal accumulation account for the member.
Note: | CSC must keep a personal accumulation account (and/or pension account) for each PSSAP member. (See Rule 5.1.1.) |
| Division 1A | MySuper product |
MySuper product
Note: | A MySuper product is defined in Rule 1.2.1 as having the same meaning as in the SIS Act. |
MySuper product – general characteristics
2.1A.1 CSC must ensure that:
(a) amounts held as a MySuper product, in respect of PSSAP members and non-member spouses, are invested in accordance with a single diversified investment strategy; and
(b) all PSSAP members and non-member spouses who hold a MySuper product are entitled access to the same options, benefits and facilities in relation to their MySuper product; and
(c) amounts credited to the personal accumulation account or non-member spouse interest account in respect of a MySuper product under Division 2 of Part 5, or Division 3 of Part 7 of the Rules must not stream gains or losses to only some of those members, except to the extent permitted under Rule 2.1A.2; and
(d) the process used to credit and debit amounts to a personal accumulation account or a non-member spouse interest account in respect of a MySuper product must be the same for each member; and
(e) the only limitation imposed on the source of contributions are those referred to in paragraph 29TC(1)(f) of the SIS Act;
(f) a MySuper product held by a PSSAP member or non-member spouse cannot be replaced with another class of interest in PSSAP unless:
(i) the PSSAP member or non-member spouse has consented in writing to the replacement no more than 30 days before it occurs; or
(ii) as otherwise permitted by the SIS Act;
(g) a MySuper product held by a PSSAP member or non-member spouse cannot be replaced with a beneficial interest in another superannuation entity unless:
(i) the replacement is permitted, or is required, under a law of the Commonwealth; or
(ii) the PSSAP member or non-member spouse has consented in writing to the replacement no more than 30 days before it occurs;
(h) a pension is not paid from MySuper assets unless it is permitted by the SIS Act;
(i) a PSSAP member or non-member spouse who holds a MySuper product is not precluded from holding an interest in another class in PSSAP only because they hold a MySuper product;
(j) a PSSAP member or non-member spouse is not precluded from holding a MySuper product because they hold another interest of another class in PSSAP.
2.1A.2 CSC may, for the purposes of Rule 2.1A.1, choose to adopt a single diversified investment strategy that allows gains and losses from different classes of assets of the PSSAP Fund to be streamed to different subclasses of the members of the fund who hold a MySuper product, in respect of their MySuper product, on the basis of the age of those members or some other basis which is permitted as a lifecycle exception within the meaning of the SIS Act.
MySuper product – fees
2.1A.3 CSC must ensure that any fees deducted from a personal accumulation account or a non-member spouse interest account in respect of a MySuper product comply with requirements under the SIS Act for the provision of a MySuper product.
MySuper product – insurance
2.1A.4 If required by the SIS Act, CSC must provide death and invalidity cover, in accordance with Division 1 of Part 4, to all PSSAP members and non-member spouses who hold a MySuper product, in respect of their MySuper product.
2.1A.5 CSC must ensure that the death and invalidity cover provided in respect of a MySuper product under Division 1 of Part 4 of the Rules complies with requirements under the SIS Act for the provision of a MySuper product.
| Division 2 | Contributions by employers |
Basic contributions by designated employers
2.2.1 Each pay day the designated employer of an ordinary employer-sponsored member must pay as contributions to CSC an amount equal to 15.4% of the superannuation salary of the member on that day. However, CSC must reject any contributions paid under this Rule if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund.
Superannuation salary
2.2.2 The superannuation salary of an ordinary employer-sponsored member is:
(a) where the circumstances referred to in Rule 2.2.3 apply — the ordinary time earnings of the person; and
(b) in all other cases the amount that would have been the person’s “fortnightly contribution salary” if they were a PSS member.
2.2.3 The superannuation salary of an ordinary employer-sponsored member will be the person’s ordinary time earnings if this is specified in:
(a) a workplace agreement that applies to the ordinary employer-sponsored member;
(b) a pre-reform certified agreement that applies to the ordinary employer sponsored member;
(c) a pre-reform AWA that applies to the ordinary employer-sponsored member;
(d) an AWA that applies to the ordinary employer-sponsored member;
(e) a remuneration determination that applies to the ordinary employer-sponsored member; or
(f) an enterprise agreement that applies to the ordinary employer-sponsored member; or
(g) a workplace determination that applies to the ordinary employer-sponsored member; or
(h) an agreement in writing between the ordinary employer-sponsored member and their designated employer in the case of an ordinary employer-sponsored member not covered by a workplace agreement, a pre-reform certified agreement, a pre-reform AWA, an AWA, a remuneration determination, an enterprise agreement, or a workplace determination.
Additional employer contributions
2.2.4 In addition to the amounts required to be paid by the designated employer under Rule 2.2.1, the designated employer of an ordinary employer-sponsored member may pay additional contributions to CSC in respect of that member, where the method of payment complies with any CSC determination under Rule 2.2.5. However, CSC must reject any contributions paid under this Rule if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund.
Note:This Rule allows employers to make contributions for or on behalf of an employee in addition to any amounts the employer is required to pay as basic employer contributions. Circumstances where an employer may make additional contributions include, but are not limited to:
- as a result of salary sacrifice arrangements with an employee;
- to avoid an employer contribution shortfall;
- to provide additional superannuation cover as specified in an Australian workplace agreement or a certified agreement;
- to provide additional superannuation cover as specified in an enterprise agreement or a workplace determination;
- to provide superannuation contributions in circumstances where contributions would otherwise not be required to be paid. These circumstances differ depending upon whether the ordinary employer-sponsored member has their superannuation salary based on ordinary time earnings or on fortnightly contribution salary. See Rule 2.2.2.
Additional employer contributions – salary sacrifice contributions for current government scheme members
2.2.4A Subject to Rule 2.2.4B, the designated employer of a current government scheme member may pay salary sacrifice contributions to CSC in respect of that member:
(a) where the current government scheme member has elected a particular investment strategy; and
(b) where CSC has accepted the election made by the current government scheme member to choose a particular investment strategy; and
(c) where the method of payment complies with any CSC determination under Rule 2.2.5.
Note: | This rule allows employers to make contributions as a result of salary sacrifice arrangements with an employee. Salary sacrifice contributions are the only contributions the employer of a current government scheme member can make to the PSSAP Fund. CSC must only accept salary sacrifice contributions under this Rule if the person they are in respect to was an Australian government superannuation scheme member at the time the contributions were made. These contributions are considered to be “additional employer contributions” for the purpose of the Rules. |
2.2.4B CSC must reject any contributions paid under Rule 2.2.4A if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund.
Method of payment of employer contributions
2.2.5 CSC may from time to time determine the way in which basic employer contributions and additional employer contributions must be paid to CSC.
2.2.6 The designated employer of an ordinary employer-sponsored member must pay basic employer contributions and any additional employer contributions in accordance with any determination of CSC under Rule 2.2.5.
2.2.6A The designated employer of a current government scheme member must pay any additional employer contributions in accordance with any determination of CSC under Rule 2.2.5.
Payments to be paid into the PSSAP Fund
2.2.7 CSC must pay any basic employer contributions and any additional employer contributions into the PSSAP Fund.
Reporting of employer contributions
2.2.8 Each designated employer, in respect of an ordinary employer-sponsored member to whom Rule 2.2.2(a) applies, must inform the member in writing, at least quarterly, of the amount of basic employer contributions and additional employer contributions paid to the PSSAP Fund.
2.2.9 Within one month of the end of each quarter, each designated employer must, in respect of an ordinary employer-sponsored member to whom Rule 2.2.2(b) applies or has applied at any time during the quarter, inform the member and CSC in writing of the total amount of basic employer contributions and additional employer contributions paid to the PSSAP Fund in the quarter expressed:
(a) in dollars and cents; and
(b) as a percentage of the ordinary time earnings of the ordinary employer-sponsored member for the quarter.
2.2.10 If the percentage reported under Rule 2.2.9(b) is less than the relevant charge percentage for the quarter, as specified in the table at subsection 19(2) of the Superannuation Guarantee (Administration) Act 1992, the designated employer is required to notify in writing the ordinary employer-sponsored member and CSC of an employer contribution shortfall. The amount of the employer contribution shortfall to be notified is the amount, expressed in dollars and cents, by which the reported amount falls short of the relevant charge percentage multiplied by the ordinary time earnings of the ordinary employer-sponsored member.
2.2.11 For the purposes of Rules 2.2.8 and 2.2.9 an ordinary employer-sponsored member is taken to have been informed in writing if the information is included in a pay advice document issued to the member.
| Division 3 | Contributions by ordinary employer-sponsored members |
When employee contributions can be made
2.3.1 An ordinary employer-sponsored member may pay employee contributions to CSC at any time and in any amount:
(a) except that CSC must reject any contributions paid under this Rule if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund; and
(b) where the method of payment complies with any CSC determination under Rule 2.3.5.
2.3.2 An ordinary employer-sponsored member is not required to make employee contributions.
2.3.3 Except as set out in Divisions 3A and 3B of Part 2, a PSSAP member who is not an ordinary employer-sponsored member may not make employee contributions to the PSSAP Fund.
Eligible spouse contributions
2.3.4 Eligible spouse contributions may be made on behalf of an ordinary employer-sponsored member at any time and in any amount:
(a) except that CSC must reject any contributions paid under this Rule if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund; and
(b) where the method of payment complies with any CSC determination under Rule 2.3.5.
Income protection superannuation contribution amount
2.3.4A Any income protection superannuation contribution amount paid by an insurance company as a result of a claim made by CSC under Rule 3.4.2 in respect of an ordinary employer-sponsored member may be paid to CSC if the SIS Act permits the contribution to be made and the method of payment complies with any CSC determination under Rule 2.3.5.
Method of payment of contributions
2.3.5 CSC may determine the way in which employee contributions, eligible spouse contributions and income protection superannuation contribution amounts received in accordance with this Division must be paid to CSC.
Payments to be paid into the PSSAP Fund
2.3.6 CSC must pay any employee contributions, eligible spouse contributions and income protection superannuation contribution amounts into the PSSAP Fund.
| Division 3A | Contributions by current government scheme members |
When current government scheme member contributions can be made
2.3A.1 Subject to Rule 2.3A.2, a current government scheme member may pay employee contributions to CSC at any time and in any amount:
(a) where the member has elected a particular investment strategy; and
(b) where CSC has accepted the election made by the member to choose a particular investment strategy; and
(c) where the method of payment complies with any CSC determination under Rule 2.3A.6.
2.3A.2 CSC must reject any contributions paid under Rule 2.3A.1 if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund.
2.3A.3 A current government scheme member is not required to make employee contributions under Rule 2.3A.1.
Eligible spouse contributions
2.3A.4 Subject to Rule 2.3A.2, eligible spouse contributions may be made on behalf of a current government scheme member at any time and in any amount:
(a) where the member has elected a particular investment strategy; and
(b) where CSC has accepted the election made by the member to choose a particular investment strategy; and
(c) where the method of payment complies with any CSC determination under Rule 2.3A.6.
2.3A.5 CSC must reject any contributions paid under Rule 2.3A.4 if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund.
Method of payment of employee contributions and eligible spouse contributions
2.3A.6 CSC may determine the way in which employee contributions and eligible spouse contributions received in accordance with this Division must be paid to CSC.
Payments to be paid into the PSSAP Fund
2.3A.7 CSC must pay any employee contributions and eligible spouse contributions received in accordance with this Division into the PSSAP Fund.
| Division 3B | Contributions for consolidation with pension accounts |
When contributions can be made for consolidation purposes
2.3B.1 Subject to Rule 2.3B.2, a PSSAP member may pay employee contributions to CSC in any amount:
(a) where the member has elected a particular investment strategy; and
(b) where CSC has accepted the election made by the member to choose a particular investment strategy; and
(c) where the contributions are made for the sole purpose of:
(i) combination with amounts commuted or to be commuted from a pension account established by CSC under Rule 3.6.1; or
(ii) commencing an account-based pension; and
(d) where the member has made an application for benefits to be cashed as an account-based pension under paragraph 3.1.1(g), using contributions paid under this Rule, amounts, if any, commuted from a pension account and amounts, if any, transferred or rolled-over under Division 4 of this Part; and
(e) where the method of payment complies with any CSC determination under Rule 2.3B.6.
2.3B.2 CSC must reject any contributions paid under Rule 2.3B.1 if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund.
2.3B.3 A PSSAP member is not required to make employee contributions under Rule 2.3B.1.
Eligible spouse contributions
2.3B.4 Subject to Rule 2.3B.5, eligible spouse contributions may be made on behalf of a PSSAP member in any amount:
(a) where the member has elected a particular investment strategy; and
(b) where CSC has accepted the election made by the member to choose a particular investment strategy; and
(c) where the contributions are expressly made for the sole purpose of:
(i) combination with amounts commuted or to be commuted from a pension account established by CSC under Rule 3.6.1; or
(ii) commencing an account-based pension; and
(d) where the member has made an application for benefits to be cashed as an account-based pension under paragraph 3.1.1(g), using contributions paid under this Rule, amounts, if any, commuted from a pension account and amounts, if any, transferred or rolled-over under Division 4 of this Part; and
(e) where the method of payment complies with any CSC determination under Rule 2.3B.6.
2.3B.5 CSC must reject any contributions paid under Rule 2.3B.4 if the SIS Act would prevent the PSSAP Fund from accepting the contributions or if acceptance of the contributions by CSC may jeopardise the status of the PSSAP Fund as a complying superannuation fund.
Method of payment of contributions and eligible spouse contributions
2.3B.6 CSC may determine the way in which employee contributions and eligible spouse contributions received in accordance with this Division must be paid to CSC.
Payments to be paid into the PSSAP Fund
2.3B.7 CSC must pay any employee contributions and eligible spouse contributions received in accordance with this Division into the PSSAP Fund.
| Division 4 | Transfer amounts |
Amounts that may be transferred or rolled-over into the PSSAP Fund
2.4.1 Subject to the SIS Act, an ordinary employer-sponsored member may transfer or
roll-over any or all of the following amounts to CSC as a transfer amount:
(a) a roll-over superannuation benefit;
(b) a directed termination payment;
(c) an amount of shortfall component payable to, or in respect of, the person in accordance with the Superannuation Guarantee (Administration) Act 1992; and
(d) an amount payable in respect of the person under the Superannuation (Government Co-contribution for Low Income Earners) Act 2003,
provided the method of payment complies with Rule 2.4.2.
2.4.1A Subject to the SIS Act, a PSSAP member may transfer or roll-over an amount payable in respect of the person under the Superannuation (Government Co‑contribution for Low Income Earners) Act 2003 to CSC as a transfer amount where the amount, in total or part, relates to a period where the person was an ordinary employer-sponsored member, provided the method of payment complies with Rule 2.4.2.
2.4.1B Subject to the SIS Act, a current government scheme member may transfer or roll-over a roll-over superannuation benefit to CSC as a transfer amount where the member has elected a particular investment strategy and CSC has accepted the election.
2.4.1C Subject to the SIS Act, a former government scheme member may roll-over to CSC as a transfer amount their:
(a) PSS accumulated transfer amount paid under PSS Rule 11.2.4A; or
(b) PSS Accumulated Additional Contributions paid under PSS Rule 11.4.10A,
where the member has elected a particular investment strategy and CSC has accepted the election.
2.4.1D Subject to the SIS Act, a PSSAP member or PSSAP pensioner may transfer or roll-over a roll-over superannuation benefit to CSC as a transfer amount where:
(b) the member has elected a particular investment strategy and CSC has accepted the election; and
(c) the member has made an application for benefits to be cashed as an account-based pension under paragraph 3.1.1(g), using the amount of the roll-over superannuation benefit under this Rule and amounts paid, if any, under Division 3B of this Part, and amounts, if any, in the PSSAP member’s personal accumulation account.
| Note: | CSC may only accept a transfer amount under Rule 2.4.1B or 2.4.1C if they are in respect of a person who is an Australian government superannuation scheme member or former Australian government superannuation scheme member at the time of the transfer or roll-over. Rule 2.4.1D allows PSSAP members to transfer or roll-over a transfer amount where that amount will be used to purchase an account-based pension, in combination with any employee contributions paid under Division 3B of Part 2 and any amounts in the member’s personal accumulation account. |
2.4.1E Subject to the SIS Act, a PSSAP pensioner may transfer or roll-over a roll-over superannuation benefit to CSC as a transfer amount:
(a)where the member has elected a particular investment strategy; and
(b) where CSC has accepted the election made by the member to choose a particular investment strategy; and
(c) where the transfer amount is transferred for the sole purpose of combination with amounts commuted or to be commuted from an existing pension account established by CSC under Rule 3.6.1; and
(d) where the method of payment complies with any CSC determination under Rule 2.4.2.
Method of payment of transfer amounts
2.4.2 CSC may determine the way in which transfer amounts must be paid to CSC.
Payments to be paid into the PSSAP Fund
2.4.3 CSC must pay any transfer amount into the PSSAP Fund.
| Division 4A | Contributions-Splitting Superannuation Benefits |
When contributions-splitting superannuation benefits can be paid to CSC
2.4A.1 Subject to the SIS Act, a contributions-splitting superannuation benefit may be paid to CSC in respect of:
(a) an ordinary employer-sponsored member; or
(b) a PSSAP member, provided that the amount of the benefit, in total or part, relates to contributions made to an ordinary employer-sponsored member made to a regulated superannuation fund in a financial year where the PSSAP member was an ordinary employer-sponsored member at any point in time in that financial year;
provided the method of payment complies with Rule 2.4A.2.
2.4A.2 CSC may determine the way in which amounts set out in Rule 2.4A.1 are to be paid to CSC.
2.4A.3 CSC must pay any amounts paid to it under Rule 2.4A.1 into the PSSAP Fund.
| Division 5 | Administration fees |
Administration fees for PSSAP members
2.5.1 CSC may determine fees to be paid from the personal accumulation account of a PSSAP member relating to the costs of the administration of the Act and this Deed (generally and in matters relating more specifically to the account).
| PART 3 — BENEFITS |
| Division 1 | Benefits |
Applications for payment of benefits
3.1.1 A benefit application may be made to CSC by:
(a) an ordinary employer-sponsored member who:
(i) paragraph deleted in the 2nd Amending Deed;
(ii) has applied for approval of their invalidity retirement under Rule 3.3.1;
(iv) is a transitional member who is applying for an amount of benefits
to be cashed as an income product which may be a transition to retirement income stream, a non-commutable allocated annuity, a non-commutable allocated pension, a non-commutable annuity or a non-commutable pension;
(b) a PSSAP member other than in the capacity of an ordinary employer-sponsored member applying under paragraph (a);
(c) a PSSAP member who is applying for the payment of benefits on compassionate grounds or due to severe financial hardship;
(d) the legal personal representative of a PSSAP member;
(e) a person claiming to be entitled to the benefit of a deceased PSSAP member;
(g) a PSSAP member or PSSAP pensioner who is applying for an amount of benefits to be cashed as an account-based pension; or
(h) a PSSAP pensioner, non-member spouse or reversionary beneficiary who is applying to commute all or part of the balance of their pension account; or
(i) a PSSAP member who is applying for income protection benefits under Rule 3.4.1;
(j) a PSSAP member who is applying for spouse contributions-splitting, provided the split of contributions is permitted under Division 6.7 of the SIS Regulations.
3.1.2 A benefit application must be made in a form acceptable to CSC and must include any supporting evidence of entitlement to the benefit required by CSC.
Payment of benefits to a PSSAP member who has ceased to be an ordinary employer-sponsored member
3.1.4 On receiving a benefit application from or on behalf of a PSSAP member pursuant to Rule 3.1.1(b), CSC must pay to or in respect of the member a lump sum amount of such part of their total benefit as requested in the benefit application, subject to the SIS Act.
Note: | Where part of a benefit is paid to a person under Rule 3.1.4, the remainder of the benefit must be retained in the personal accumulation account of the PSSAP member or rolled-over or transferred to another superannuation entity. See Rule 3.1.12. |
Payment of benefits to a PSSAP member on compassionate and financial hardship grounds
3.1.6 If CSC receives a benefit application from a PSSAP member pursuant to Rule 3.1.1(c), CSC may pay the person such part of their total benefit as requested in the benefit application, subject to the SIS Act:
(a) on a compassionate ground in accordance with a determination of the Chief Executive Medicare under the SIS Act; or
(b) on grounds of severe financial hardship in accordance with the SIS Act.
Payment of benefits to ordinary employer-sponsored members
3.1.7 If CSC receives or is taken to have received a benefit application from or on behalf of an ordinary employer-sponsored member pursuant to Rule 3.1.1(a)(ii) and CSC approves the invalidity retirement of the ordinary employer-sponsored member, CSC must, if the person ceases to be an ordinary employer-sponsored member following approval of their invalidity retirement:
(a) pay the person as a lump sum such part of their total benefit as the SIS Act permits; or
(b) if the person has, in their benefit application or in writing to CSC, applied for a lump sum amount that is less than their total benefit, pay the person the amount set out in the application or in writing as the SIS Act permits.
3.1.8 If CSC receives a benefit application from or on behalf of an ordinary employer-sponsored member pursuant to Rule 3.1.1(i), the member, subject to Rules 3.4.2 and 3.4.5, is entitled to income protection benefits in accordance with Rule 3.4.3.
3.1.9 If CSC receives a benefit application from a transitional member pursuant to Rule 3.1.1(a)(iv) and CSC has in place arrangements for members to purchase the income product requested in the application, CSC, in accordance with Rule 3.5.1, must, on behalf of the transitional member, arrange for the purchase by the member of an income product of the type so requested costing an amount equal to the total benefit set out in the benefit application.
Payment of benefits to a legal personal representative where member not deceased
3.1.10 On receiving a benefit application from the legal personal representative of a PSSAP member under Rule 3.1.1(d), CSC may pay to the legal personal representative such part of the total benefit as the SIS Act permits if CSC is satisfied that:
(a) the PSSAP member is under a legal disability; and
(b) the PSSAP member is entitled to the payment of a benefit under the Rules.
Payment of death benefits
3.1.11 When CSC:
(a) receives an application for benefits from a person claiming to be entitled to the benefit of a person who is a deceased PSSAP member; or
(b) otherwise becomes aware that a PSSAP member has died;
CSC must determine who is entitled to be paid the death benefits in accordance with Division 2 of this Part and pay the total benefit to the person or persons so entitled in such shares as CSC determines.
Payment in accordance with a release authority
3.1.11A Where CSC receives a release authority, CSC may pay an amount, as required or permitted under the SIS Act and the taxation legislation.
Note: | The amount that CSC is to pay is subject to the requirements under the SIS Act and the taxation legislation. |
Preservation of benefits not paid
3.1.12 Where a part of the total benefit is paid to or in respect of a PSSAP member under this Division, the remainder of the benefit is retained in the personal accumulation account of the PSSAP member unless a roll-over application or benefit application is made in relation to the remainder of the benefit.
Applications for roll-over or transfer of benefits
3.1.13 A roll-over application may be made to CSC, in accordance with the SIS Act, by:
(a) a PSSAP member, or in respect of a PSSAP member, other than in their capacity as a transitional member applying under paragraph (b); or
(b) a transitional member who is applying for an amount of benefits to be cashed as an income product, which may be a transition to retirement income stream, a non-commutable allocated annuity, a non-commutable allocated pension, a non-commutable annuity or a non-commutable pension.
| Notes: Concerning paragraph 3.1.13(a) 1. Under Divisions 6.4 and 6.5 of the SIS Regulations, a member of a regulated superannuation fund may, in writing, ask the trustee of the fund to roll over or transfer an amount that is the whole or part of the member’s withdrawal benefit, and the trustee of the fund must roll over or transfer, as permitted by SIS, the amount in accordance with the request. Division 6.5 prescribes circumstances where the trustee must roll over or transfer an amount in accordance with a request by the member. Concerning paragraph 3.1.13(b) 2. Under Division 6.3 of the SIS Regulations, a member of a regulated superannuation fund, upon reaching the preservation age, is allowed to cash their benefits as a non-commutable income stream, subject to the conditions of release and the relevant restrictions set out in Schedule 1 of the SIS Regulations. |
3.1.14 Subject to the SIS Act, a roll-over application must be made in a form acceptable to CSC and must include any supporting evidence of entitlement to the benefit required by CSC.
Preservation or transfer of benefits
3.1.15 Subject to the SIS Act, if CSC receives a roll-over application from a PSSAP member under Rule 3.1.13(a), CSC, where required by the SIS Act, must, and, where not so required, may roll-over or transfer so much of the person’s total benefit as is requested in the roll-over application to a superannuation entity, RSA or life insurance company.
Notes:
1. Regulation 6.35 of the SIS Regulations sets out when a trustee may refuse to roll-over or transfer an amount in response to a request from a scheme member.
2. Regulations 6.33 and 6.34 of the SIS Regulations set out that a trustee must roll-over or transfer an amount as soon as possible or within a timeframe allowed under the SIS Regulations, in response to a request from a scheme member.
3.1.18 If CSC receives a roll-over application from a transitional member under Rule 3.1.13(b), CSC must, subject to the SIS Act, roll-over or transfer such part of the person’s total benefit as is requested in the roll-over application to a superannuation entity or life insurance company.
3.1.19 If no benefit application or roll-over application is received upon a PSSAP member ceasing to be an ordinary employer-sponsored member and Rule 3.1.20 does not apply, the total benefit is retained in the personal accumulation account of the PSSAP member.
Payment of benefits to eligible roll-over fund
3.1.20 Subject to the SIS Act, CSC may pay a benefit to an eligible roll-over fund if CSC is unable to locate a PSSAP member.
Payment of contributions-splitting superannuation benefits
3.1.21 If CSC receives a benefit application under Rule 3.1.1(j) then, subject to the SIS Act, CSC must pay such part of the person’s total benefit as requested in the application as a contributions-splitting superannuation benefit to a superannuation entity or RSA as nominated by the person.
| Division 2 | Death benefits |
Who is entitled to be paid death benefits
3.2.1 If, upon the death of a PSSAP member, CSC is in receipt of a current valid binding member nomination in relation to the deceased PSSAP member, then the member’s total benefit will be paid by CSC to the person or persons specified in the binding member nomination.
3.2.2 Subject to Rule 3.2.1, in the event of the death of a PSSAP member, CSC must pay or apply the deceased member’s total benefit to or for the benefit of one or more, as determined by CSC, of the following:
(a) one or more dependants of the deceased PSSAP member;
(b) the legal personal representative of the deceased PSSAP member.
3.2.3 If, after making reasonable enquiries, CSC upon the death of a PSSAP member has not found either a legal personal representative or a dependant of the deceased PSSAP member, CSC will pay or apply the deceased member’s total benefit to or for the benefit of such one or more individuals as determined by CSC.
| Division 3 | Permanent invalidity |
Application for approval of invalidity retirement
3.3.1 An application for approval of the invalidity retirement of an ordinary employer-sponsored member may be made to CSC by:
(a) the ordinary employer-sponsored member; or
(b) the designated employer of the ordinary employer-sponsored member.
3.3.2 An ordinary employer-sponsored member in respect of whom an application under Rule 3.3.1 is made is taken to have also made a benefit application.
Invalidity retirement process
3.3.3 Following receipt of an application to approve the invalidity retirement of an ordinary employer-sponsored member, CSC may approve the person’s invalidity retirement if it is satisfied that the person has a permanent incapacity.
3.3.4 CSC may determine the process it will follow before approving the invalidity retirement of an ordinary employer-sponsored member.
3.3.5 CSC must advise its decision under Rule 3.3.3 to the ordinary employer-sponsored member and the designated employer of the ordinary employer-sponsored member. The advice is to include a statement of the reasons for the decision.
| Division 4 | Income protection benefits |
Income protection benefits
3.4.1 A PSSAP member or non-member spouse may apply to CSC for income protection benefits if the PSSAP member or non-member spouse:
(a) is unable to work due to a temporary incapacity; and
(b) holds income protection cover.
Assessment of applications for income protection benefits
3.4.2 Following receipt of an application for income protection benefits that meets the requirements of Rule 3.4.1 CSC must make a claim against the policy or policies providing the income protection cover.
Payment of income protection benefits
3.4.3 Subject to the SIS Act, any amount, other than an income protection superannuation contribution amount, paid by an insurance company in response to a claim against a policy providing income protection cover must be paid to the PSSAP member or non-member spouse as a non-commutable income stream.
3.4.4 Any amount paid to a PSSAP member or non-member spouse under Rule 3.4.3 does not form part of the personal accumulation account of the PSSAP member or non-member spouse.
3.4.5 Nothing in this Deed requires CSC to pay income protection benefits where:
(a) a PSSAP member or non-member spouse does not hold income protection cover; or
(b) an insurance company does not pay any amount in response to a claim by CSC.
| Division 5 | Retirement income products |
CSC may arrange income products
3.5.1 CSC may enter into arrangements with a provider of products and services other than the Commonwealth to offer income products, including retirement income products, for purchase by persons in receipt of benefits under the Rules.
3.5.2 A person in receipt of benefit under Division 1 of this Part may use the benefits to purchase income products arranged by CSC, subject to the SIS Act.
| Division 6 | Account-based pensions provided by CSC |
3.6.1 If CSC receives a benefit application from a PSSAP member or PSSAP pensioner pursuant to Rule 3.1.1(g), CSC may, subject to the SIS Act and the person satisfying any requirements determined under Rule 3.6.2, provide one or more account-based pensions to the person.
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Deed to Establish the Public Sector Superannuation Accumulation Plan 2005 | 30 June 2005 (F2005L01901) | 1 July 2005 | |
| First Amending Deed 2006 | 1 Aug 2006 (F2006L02524) | 2 Aug 2006 (c 1) | — |
| Second Amending Deed 2007 | 28 June 2007 (F2007L01942) | c 3.1, 4.4 and 4.8: 29 June 2007 Remainder: 1 July 2007 | — |
| Third Amending Deed 2008 | 18 Apr 2008 (F2008L01089) | 28 Mar 2008 (c 1) | — |
| Fourth Amending Deed 2009 | 25 June 2009 (F2009L02531) | c 3.1, 3.2–3.9: 1 July 2009 Remainder: 26 June 2009 | c 5 |
| Fifth Amending Deed 2011 | 30 June 2011 (F2011L01390) | 1 July 2011 (c 1) | — |
| Sixth Amending Deed 2012 | 15 Feb 2012 ( F2012L00319) | 16 Feb 2012 (c 1) | c 3 |
| Seventh Amending Deed 2013 | 7 Jan 2013 (F2013L00027) | 1 July 2013 (c 1) | c 3 |
| Eighth Amending Deed 2013 | 25 Mar 2013 (F2013L00551) | 26 Mar 2013 (c 1) | c 3 |
| Ninth Amending Deed 2013 | 7 June 2013 (F2013L00934) | c 7, 8: 1 July 2014 c 9: 1 July 2013 Remainder: 8 June 2013 | c 3, 5 and 7 |
| Tenth Amending Deed 2013 | 9 Dec 2013 (F2013L02063) | 10 Dec 2013 (c 1) | — |
| Eleventh Amending Deed 2015 | 10 Mar 2015 (F2015L00278) | 11 Mar 2015 (c 1) | — |
| Superannuation (PSSAP) Amendment (Administration Costs) Instrument 2015 | 26 June 2015 (F2015L00952) | 1 July 2015 (s 2(1) item 1) | — |
| Superannuation (PSSAP Trust Deed) (Insurance and Other Matters) Amendment Instrument 2016 | 9 Sept 2016 (F2016L01410) | Sch 1 (items 1, 20–22): 10 Sept 2016 (s 2(1) item 1) Sch 1 (items 2–19): 1 Oct 2016 (s 2(1) item 2) | — |
| Superannuation (PSSAP Trust Deed) (Superannuation Reforms and Other Matters) Amendment Instrument 2017 | 13 June 2017 (F2017L00658) | Sch 1 (items 1–15), Sch 2: 14 June 2017 (s 2(1) item 1) Sch 1 (items 16–22): 1 July 2017 (s 2(1) item 2) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Trust Deed | |
| Preamble................................. | am 1st Amdt, 2006; 2nd Amdt, 2007; 5th Amdt, 2011 |
| Clause 1 | |
| c 1........................................... | ad 5th Amdt, 2011 |
| c 1.3........................................ | rep 5th Amdt, 2011 |
| c 1.4........................................ | am 11th Amdt, 2015 |
| c 1.6........................................ | rep 5th Amdt, 2011 |
| c 1.8........................................ | rep 5th Amdt, 2011 |
| Clause 2 | |
| c 2.1........................................ | rs 5th Amdt, 2011 |
| c 2.2........................................ | rs 5th Amdt, 2011 |
| Clause 3 | |
| c 3........................................... | am 5th Amdt, 2011 |
| c 3.1........................................ | am 5th Amdt, 2011 |
| c 3.2........................................ | am 5th Amdt, 2011; F2015L00952 |
| c 3.3........................................ | am 5th Amdt, 2011 |
| c 3.4........................................ | am 5th Amdt, 2011 |
| c 4........................................... | rep 1st Amdt, 2006 |
| Clause 5 | |
| c 5.1........................................ | am 5th Amdt, 2011 |
| c 5.2........................................ | am 5th Amdt, 2011 |
| c 5.3........................................ | am 5th Amdt, 2011 |
| rs F2015L00952 | |
| c 5.4........................................ | rep 5th Amdt, 2011 |
| c 5.5........................................ | rep 5th Amdt, 2011 |
| Clause 6 | |
| c 6.2........................................ | am 5th Amdt, 2011 |
| c 6.3........................................ | am 5th Amdt, 2011 |
| c 6.4........................................ | am 5th Amdt, 2011 |
| c 6.5........................................ | am 5th Amdt, 2011 |
| c 6.6........................................ | am 5th Amdt, 2011 |
| Clause 7 | |
| c 7.1........................................ | am 5th Amdt, 2011 |
| Clause 8 | |
| c 8.1........................................ | am 5th Amdt, 2011; F2017L00658 |
| c 8.2........................................ | am 5th Amdt, 2011 |
| c 8.3........................................ | am 5th Amdt, 2011; F2017L00658 |
| Clause 9 | |
| c 9........................................... | am 11th Amdt, 2015 |
| c 9.1........................................ | am 5th Amdt, 2011; F2017L00658 |
| Rules | |
| Part 1 | |
| Division 1 | |
| r 1.1.1..................................... | am 5th Amdt, 2011; 11th Amdt, 2015 |
| Division 2 | |
| r 1.2.1..................................... | am 1st Amdt, 2006; 2nd Amdt, 2007; 3rd Amdt, 2008; 4th Amdt, 2009; 5th Amdt, 2011; 6th Amdt, 2012; 7th, 8th, 9th and 10th Amdt, 2013; 11th Amdt, 2015; F2016L01410; F2017L00658 (Sch 1 item 16) |
| Part 2 | |
| Division 1 | |
| r 2.1.1..................................... | am 9th Amdt, 2013 |
| r 2.1.3..................................... | am 5th Amdt, 2011; 9th Amdt, 2013 |
| Division 1A | |
| Division 1A............................ | ad 7th Amdt, 2013 |
| r 2.1A.1.................................. | ad 7th Amdt, 2013 |
| am F2016L01410 | |
| r 2.1A.2.................................. | ad 7th Amdt, 2013 |
| r 2.1A.3.................................. | ad 7th Amdt, 2013 |
| r 2.1A.4.................................. | ad 7th Amdt, 2013 |
| am 11th Amdt, 2015 | |
| r 2.1A.5.................................. | ad 7th Amdt, 2013 |
| am 11th Amdt, 2015 | |
| r 2.1.4..................................... | ad 9th Amdt, 2013 |
| r 2.1.5..................................... | ad 9th Amdt, 2013 |
| r 2.1.6..................................... | ad 9th Amdt, 2013 |
| r 2.1.7..................................... | ad 9th Amdt, 2013 |
| r 2.1.8..................................... | ad 9th Amdt, 2013 |
| Division 2 | |
| r 2.2.1..................................... | am 5th Amdt, 2011 |
| r 2.2.2..................................... | am 2nd Amdt, 2007 |
| r 2.2.3..................................... | rs 1st Amdt, 2006; 3rd Amdt, 2008; 4th Amdt, 2009 |
| r 2.2.4..................................... | am 4th Amdt, 2009; 5th Amdt, 2011; 11th Amdt, 2015 |
| r 2.2.4A.................................. | ad 9th Amdt, 2013 |
| am 11th Amdt, 2015 | |
| r 2.2.4B................................... | ad 9th Amdt, 2013 |
| r 2.2.5..................................... | am 5th Amdt, 2011 |
| r 2.2.6..................................... | am 5th Amdt, 2011 |
| r 2.2.6A.................................. | ad 9th Amdt, 2013 |
| r 2.2.7..................................... | am 5th Amdt, 2011 |
| r 2.2.9..................................... | am 5th Amdt, 2011 |
| r 2.2.10................................... | am 5th Amdt, 2011 |
| rs 10th Amdt, 2013 | |
| Division 3 | |
| Division 3 heading.................. | rs 11th Amdt, 2015 |
| r 2.3.1..................................... | am 5th Amdt, 2011; 11th Amdt, 2015 |
| r 2.3.3..................................... | rs 11th Amdt, 2015 |
| r 2.3.4..................................... | am 5th Amdt, 2011 |
| r 2.3.4A.................................. | ad F2016L01410 |
| r 2.3.5..................................... | am 5th Amdt, 2011; 11th Amdt, 2015 |
| rs F2016L01410 | |
| r 2.3.6..................................... | am 5th Amdt, 2011 |
| rs F2016L01410 | |
| Division 3A | |
| Division 3A............................ | ad 11th Amdt, 2015 |
| r 2.3A.1.................................. | ad 11th Amdt, 2015 |
| r 2.3A.2.................................. | ad 11th Amdt, 2015 |
| r 2.3A.3.................................. | ad 11th Amdt, 2015 |
| r 2.3A.4.................................. | ad 11th Amdt, 2015 |
| r 2.3A.5.................................. | ad 11th Amdt, 2015 |
| r 2.3A.6.................................. | ad 11th Amdt, 2015 |
| r 2.3A.7.................................. | ad 11th Amdt, 2015 |
| Division 3B | |
| Division 3B............................. | ad 11th Amdt, 2015 |
| r 2.3B.1................................... | ad 11th Amdt, 2015 |
| r 2.3B.2................................... | ad 11th Amdt, 2015 |
| r 2.3B.3................................... | ad 11th Amdt, 2015 |
| r 2.3B.4................................... | ad 11th Amdt, 2015 |
| r 2.3B.5................................... | ad 11th Amdt, 2015 |
| r 2.3B.6................................... | ad 11th Amdt, 2015 |
| r 2.3B.7................................... | ad 11th Amdt, 2015 |
| Division 4 | |
| r 2.4.1..................................... | rs 2nd Amdt, 2007 |
| am 5th Amdt, 2011 | |
| r 2.4.1A.................................. | ad 4th Amdt, 2009 |
| am 5th Amdt, 2011 | |
| r 2.4.1B................................... | ad 9th Amdt, 2013 |
| am 9th Amdt, 2013 | |
| r 2.4.1C................................... | ad 9th Amdt, 2013 |
| am 9th Amdt, 2013 | |
| r 2.4.1D.................................. | ad 9th Amdt, 2013 |
| am 9th Amdt, 2013; 11th Amdt, 2015; F2017L00658 | |
| r 2.4.1E................................... | ad 11th Amdt, 2015 |
| r 2.4.2..................................... | am 5th Amdt, 2011 |
| r 2.4.3..................................... | am 5th Amdt, 2011 |
| Division 4A | |
| Division 4A............................ | ad F2016L01410 |
| r 2.4A.1.................................. | ad F2016L01410 |
| r 2.4A.2.................................. | ad F2016L01410 |
| r 2.4A.3.................................. | ad F2016L01410 |
| Division 5 | |
| Division 5............................... | ad 9th Amdt, 2013 |
| rs F2015L00952 | |
| r 2.5.1..................................... | ad 9th Amdt, 2013 |
| rs F2015L00952 | |
| Part 3 | |
| Division 1 | |
| r 3.1.1..................................... | am 1st Amdt, 2006 |
| rs 2nd Amdt, 2007 | |
| am 5th Amdt, 2011; 8th Amdt, 2013; 11th Amdt, 2015; F2016L01410; F2017L00658 | |
| r 3.1.2..................................... | am 5th Amdt, 2011 |
| r 3.1.3..................................... | rep 2nd Amdt, 2007 |
| r 3.1.4..................................... | am 5th Amdt, 2011; 8th Amdt, 2013 |
| r 3.1.5..................................... | rep 2nd Amdt, 2007 |
| r 3.1.6..................................... | am 5th Amdt, 2011; F2016L01410 |
| r 3.1.7..................................... | am 5th Amdt, 2011 |
| rs F2016L01410 | |
| ed C16 | |
| r 3.1.8..................................... | am 5th Amdt, 2011; 11th Amdt, 2015 |
| r 3.1.9..................................... | am 5th Amdt, 2011 |
| r 3.1.10................................... | am 5th Amdt, 2011 |
| r 3.1.11................................... | am 5th Amdt, 2011 |
| r 3.1.11A................................ | ad 2nd Amdt, 2007 |
| am 5th Amdt, 2011; 10th Amdt, 2013 | |
| rs F2017L00658 | |
| r 3.1.13................................... | rs 1st Amdt, 2006 |
| am 2nd Amdt, 2007; 5th Amdt, 2011; 7th Amdt, 2013; 8th Amdt, 2013 | |
| r 3.1.14................................... | rs 2nd Amdt, 2007 |
| am 5th Amdt, 2011 | |
| r 3.1.15................................... | rs 1st Amdt, 2006; 2nd Amdt, 2007 |
| am 5th Amdt, 2011 | |
| r 3.1.15A................................ | ad 1st Amdt, 2006 |
| rep 2nd Amdt, 2007 | |
| r 3.1.16................................... | rep 1st Amdt, 2006 |
| r 3.1.17................................... | rep 1st Amdt, 2006 |
| r 3.1.18................................... | rs 1st Amdt, 2006 |
| am 5th Amdt, 2011 | |
| r 3.1.20................................... | rs 2nd Amdt, 2007 |
| am 5th Amdt, 2011 | |
| r 3.1.21................................... | ad F2016L01410 |
| Division 2 | |
| r 3.2.1..................................... | am 5th Amdt, 2011 |
| r 3.2.2..................................... | am 5th Amdt, 2011 |
| r 3.2.3..................................... | am 5th Amdt, 2011 |
| Division 3 | |
| r 3.3.1..................................... ............................................... | am 5th Amdt, 2011 |
| r 3.3.3..................................... | am 5th Amdt, 2011 |
| r 3.3.4..................................... | am 5th Amdt, 2011 |
| r 3.3.5..................................... | am 5th Amdt, 2011 |
| Division 4 | |
| r 3.4.1..................................... | am 5th Amdt, 2011; 11th Amdt, 2015 |
| r 3.4.2..................................... | am 5th Amdt, 2011 |
| r 3.4.3..................................... | am 7th Amdt, 2013; 11th Amdt, 2015 |
| rs F2016L01410 | |
| r 3.4.4..................................... | am 11th Amdt, 2015; F2016L01410 |
| r 3.4.5..................................... | am 5th Amdt, 2011; 7th Amdt, 2013; 11th Amdt, 2015 |
| Division 5 | |
| r 3.5.1..................................... | rs 1st Amdt, 2006 |
| am 5th Amdt, 2011 | |
| r 3.5.2..................................... | am 5th Amdt, 2011 |
| rs 7th Amdt, 2013 | |
| Division 6 | |
| Division 6............................... | ad 8th Amdt, 2013 |
| r 3.6.1..................................... | ad 8th Amdt, 2013 |
| am F2017L00658 | |
| r 3.6.2..................................... | ad 8th Amdt, 2013 |
| r 3.6.3..................................... | ad 8th Amdt, 2013 |
| am 11th Amdt, 2015 (md); F2017L00658 | |
| r 3.6.4..................................... | ad 8th Amdt, 2013 |
| r 3.6.5..................................... | ad 8th Amdt, 2013 |
| r 3.6.6..................................... | ad 8th Amdt, 2013 |
| am 9th Amdt, 2013 | |
| r 3.6.7..................................... | ad 8th Amdt, 2013 |
| am F2017L00658 (Sch 1 item 20) | |
| r 3.6.8..................................... | ad 8th Amdt, 2013 |
| am 11th Amdt, 2015; F2017L00658 | |
| r 3.6.8A.................................. | ad F2017L00658 |
| r 3.6.9..................................... | ad 8th Amdt, 2013 |
| r 3.6.10................................... | ad 8th Amdt, 2013 |
| r 3.6.11................................... | ad 8th Amdt, 2013 |
| r 3.6.12................................... | ad 8th Amdt, 2013 |
| r 3.6.13................................... | ad 8th Amdt, 2013 |
| r 3.6.14................................... | ad 8th Amdt, 2013 |
| r 3.6.15................................... | ad 8th Amdt, 2013 |
| Part 4 | |
| Division 1 | |
| Division 1 heading.................. | rs 11th Amdt, 2015 |
| r 4.1.1..................................... | rs 5th Amdt, 2011 |
| am 7th Amdt, 2013; 11th Amdt, 2015 | |
| r 4.1.1A.................................. | ad 7th Amdt, 2013 |
| am 11th Amdt, 2015 | |
| r 4.1.2..................................... | am 7th Amdt, 2013; 11th Amdt, 2015 |
| r 4.1.2A.................................. | ad 7th Amdt, 2013 |
| am 11th Amdt, 2015 | |
| r 4.1.2B................................... | ad 7th Amdt, 2013 |
| am 11th Amdt, 2015 | |
| r 4.1.3..................................... | am 5th Amdt, 2011; 7th Amdt, 2013; 11th Amdt 2015 |
| rs F2016L01410 | |
| r 4.1.3A.................................. | ad 7th Amdt, 2013 |
| am 11th Amdt, 2015 | |
| r 4.1.3B................................... | ad 7th Amdt, 2013 |
| am 11th Amdt, 2015; F2016L01410 | |
| r 4.1.4..................................... | am 5th Amdt, 2011; 7th Amdt, 2013; 11th Amdt, 2015 |
| r 4.1.5..................................... | am 5th Amdt, 2011 |
| rs 7th Amdt, 2013 | |
| am 11th Amdt, 2015 | |
| r 4.1.6..................................... | am 5th Amdt, 2011 |
| rs 7th Amdt, 2013 | |
| am 11th Amdt, 2015 | |
| r 4.1.7..................................... | rs 7th Amdt, 2013 |
| am 11th Amdt, 2015 | |
| r 4.1.8..................................... | am, 7th Amdt, 2013; 11th Amdt, 2015 |
| rs 11th Amdt, 2015 | |
| r 4.1.9..................................... | ad 7th Amdt, 2013; 11th Amdt, 2015 |
| Division 2............................... | rep 11th Amdt, 2015 |
| r 4.2.1..................................... | am 5th Amdt, 2011; 7th Amdt, 2013 |
| rep 11th Amdt, 2015 | |
| r 4.2.2..................................... | am 5th Amdt, 2011 |
| rep 11th Amdt, 2015 | |
| r 4.2.3..................................... | am 5th Amdt, 2011 |
| rep 11th Amdt, 2015 | |
| r 4.2.4..................................... | am 7th Amdt, 2013 |
| rep 11th Amdt, 2015 | |
| r 4.2.5..................................... | am 5th Amdt, 2011; 7th Amdt, 2013 |
| rep 11th Amdt, 2015 | |
| r 4.2.6..................................... | am 7th Amdt, 2013 |
| rep 11th Amdt, 2015 | |
| r 4.2.7..................................... | am 5th Amdt, 2011 |
| rep 11th Amdt, 2015 | |
| r 4.2.8..................................... | am 5th Amdt, 2011 |
| rep 11th Amdt, 2015 | |
| r 4.2.9..................................... | am 5th Amdt, 2011 |
| rep 11th Amdt, 2015 | |
| r 4.2.10................................... | am 5th Amdt, 2011; 7th Amdt, 2013 |
| rep 11th Amdt, 2015 | |
| r 4.2.11................................... | am 5th Amdt, 2011 |
| rep 11th Amdt, 2015 | |
| r 4.2.12................................... | rep 11th Amdt, 2015 |
| r 4.2.13................................... | rep 11th Amdt, 2015 |
| Division 3 | |
| Division 3 heading.................. | rs 11th Amdt, 2015 |
| r 4.3.1..................................... | am 5th Amdt, 2011; 7th Amdt, 2013; 11th Amdt, 2015 |
| r 4.3.1A.................................. | ad 11th Amdt, 2015 |
| r 4.3.2..................................... | am 5th Amdt, 2011; 7th Amdt, 2013; 11th Amdt, 2015 |
| r 4.3.2A.................................. | ad 11th Amdt, 2015 |
| r 4.3.2B................................... | ad 11th Amdt, 2015 |
| r 4.3.3..................................... | am 5th Amdt, 2011; 11th Amdt, 2015 |
| rs 11th Amdt, 2015 | |
| r 4.3.4..................................... | am 5th Amdt, 2011; 11th Amdt, 2015 |
| r 4.3.5..................................... | am 5th Amdt, 2011 |
| rs 11th Amdt, 2015 | |
| am F2016L01410 | |
| r 4.3.6..................................... | am 11th Amdt, 2015 |
| Division 4............................... | rep 11th Amdt, 2015 |
| r 4.4.1..................................... | am 5th Amdt, 2011; 7th Amdt, 2013 |
| rep 11th Amdt, 2015 | |
| r 4.4.2..................................... | am 5th Amdt, 2011 |
| rep 11th Amdt, 2015 | |
| r 4.4.3..................................... | am 5th Amdt, 2011 |
| rep 11th Amdt, 2015 | |
| r 4.4.4..................................... | am 7th Amdt, 2013 |
| rep 11th Amdt, 2015 | |
| r 4.4.5..................................... | am 5th Amdt, 2011; 7th Amdt , 2013 |
| rep 11th Amdt, 2015 | |
| r 4.4.6..................................... | am 7th Amdt, 2013 |
| rep 11th Amdt, 2015 | |
| r 4.4.7..................................... | am 5th Amdt, 2011 |
| rep 11th Amdt, 2015 | |
| r 4.4.8..................................... | am 5th Amdt, 2011 |
| rep 11th Amdt, 2015 | |
| r 4.4.9..................................... | am 5th Amdt, 2011 |
| rep 11th Amdt, 2015 | |
| r 4.4.10................................... | am 5th Amdt, 2011 |
| rep 11th Amdt, 2015 | |
| r 4.4.11................................... | rep 11th Amdt, 2015 |
| Part 5 | |
| Division 1 | |
| r 5.1.1..................................... | am 5th Amdt, 2011; 7th Amdt, 2013 |
| rs 9th Amdt, 2013 | |
| r 5.1.2..................................... | am 5th Amdt, 2011 |
| r 5.1.5..................................... | am 2nd Amdt, 2007; 5th Amdt, 2011; 7th and 8th Amdt, 2013; 11th Amdt, 2015; F2016L01410 |
| r 5.1.6..................................... | am 5th Amdt, 2011; 9th Amdt, 2013; 11th Amdt, 2015; F2016L01410; F2017L00658 |
| Division 2 | |
| r 5.2.1..................................... | rs 1st Amdt, 2006 |
| am 5th Amdt, 2011 | |
| r 5.2.2..................................... | am 5th Amdt, 2011 |
| Division 3 | |
| r 5.3.1..................................... | am 5th Amdt, 2011 |
| Division 4 | |
| r 5.4.1..................................... | am 5th Amdt, 2011 |
| r 5.4.2..................................... | am 5th Amdt, 2011 |
| rs 9th Amdt, 2013 | |
| r 5.4.3..................................... | am 5th Amdt, 2011 |
| Division 5 | |
| r 5.5.1..................................... | am 5th Amdt, 2011 |
| r 5.5.2..................................... | am 5th Amdt, 2011 |
| rs 8th Amdt, 2013 | |
| r 5.5.3..................................... | ad 2nd Amdt, 2007 |
| am 5th Amdt, 2011 | |
| Part 6 | |
| Division 1 | |
| r 6.1.1..................................... | rs 5th Amdt, 2011 |
| r 6.1.2..................................... | am 5th Amdt, 2011 |
| r 6.1.3..................................... | am 5th Amdt, 2011 |
| r 6.1.4..................................... | am 5th Amdt, 2011 |
| Division 2 | |
| r 6.2.1..................................... | am 5th Amdt, 2011 |
| r 6.2.2..................................... | am 5th Amdt, 2011 |
| r 6.2.3..................................... | am 5th Amdt, 2011 |
| r 6.2.4..................................... | am 5th Amdt, 2011 |
| Division 3 | |
| Division 3 heading.................. | am 5th Amdt, 2011 |
| r 6.3.1..................................... | am 5th Amdt, 2011 |
| r 6.3.2..................................... | am 5th Amdt, 2011 |
| r 6.3.3..................................... | am 5th Amdt, 2011 |
| r 6.3.4..................................... | am 5th Amdt, 2011 |
| r 6.3.5..................................... | am 5th Amdt, 2011 |
| r 6.3.6..................................... | am 5th Amdt, 2011 |
| Division 4 | |
| Division 4 heading.................. | am 5th Amdt, 2011 |
| r 6.4.1..................................... | am 5th Amdt, 2011 |
| Part 7 | |
| Division 1 | |
| Division 1 heading.................. | am 5th Amdt, 2011 |
| r 7.1.1..................................... | am 5th Amdt, 2011 |
| Division 2 | |
| Division 2 heading ................. | am 5th Amdt, 2011 |
| r 7.2.1..................................... | am 5th Amdt, 2011 |
| r 7.2.1A.................................. | ad F2015L00952 |
| r 7.2.1B................................... | ad F2015L00952 |
| r 7.2.1C................................... | ad F2017L00658 |
| r 7.2.2..................................... | am 5th Amdt, 2011 |
| Division 3 | |
| r 7.3.1..................................... | am 5th Amdt, 2011 |
| r 7.3.4..................................... | am 5th Amdt, 2011 |
| r 7.3.5..................................... | am 5th Amdt, 2011 |
| r 7.3.6..................................... | am 5th Amdt, 2011 |
| r 7.3.7..................................... | am 5th Amdt, 2011 |
| rep 7th Amdt, 2013 | |
| r 7.3.8..................................... | am 5th Amdt, 2011 |
| rs 9th Amdt, 2013 |
0
0
0