Thirty-first Amending Deed to the Trust Deed to Establish an Occupational Superannuation Scheme for Australian Government Employees and Certain Other Persons (the Public Sector Superannuation Scheme) (Cth)
THIRTY-FIRST AMENDMENT
of the
PUBLIC SECTOR SUPERANNUATION SCHEME TRUST DEED
THIS DEED is made on 29 July 2008 by THE COMMONWEALTH OF AUSTRALIA.
WHEREAS section 4 of the Superannuation Act 1990 (the Act) provides for the Minister to establish an occupational superannuation scheme to be administered by the Board established under section 20 of the Act (the Board);
AND WHEREAS the Public Sector Superannuation Scheme (the PSS) was established by a Trust Deed dated 21 June 1990 (the Trust Deed)[1];
[1] Section 3 of the Act defines “Trust Deed” to include that deed as subsequently amended. A note listing particulars of the Trust Deed and the amending deeds is set out at the end of this Deed.
AND WHEREAS the Schedule to the Trust Deed contains Rules for the administration of the PSS (the Rules);
AND WHEREAS the Trust Deed and the Rules have been amended from time to time by various Deeds;
AND WHEREAS section 5 of the Act provides for the Minister, by instrument in writing, to amend the Trust Deed, and requires the consent of the Board to amendments in certain circumstances;
AND WHEREAS the consent of the Board is not required to the amendments provided for in this Deed;
NOW THIS DEED WITNESSES as follows:
1. Commencement of amendments
The amendments in this Deed commence on the day after this Deed is registered on the Federal Register of Legislative Instruments.
2. Interpretation
Unless a contrary intention appears, a word or phrase in this Deed has the same meaning that it has in the Trust Deed and the Rules.
3. Application of Deed
If a person became entitled to payment of a benefit pursuant to the Rules between 1 July 2008 and the date on which this Deed commences, the amount of the benefit payable to that person is, following the commencement of this Deed, increased by an amount equivalent to the difference, if any, between the benefit that the person was actually entitled to receive and the benefit that the person would have been entitled to receive had the amendments made by this Deed commenced on 1 July 2008.
4. Amendments relating to the provision of a superannuation guarantee additional amount
4. The Rules are amended as follows:
4.1 Rule 1.2.1 is amended by inserting the following new definition in alphabetic order:
“superannuation guarantee means an amount for the purposes of ensuring that
additional amount an employer of a person would not have an individual superannuation guarantee shortfall within the meaning of the Superannuation Guarantee (Administration) Act 1992 in respect of the person for any period in which the person was a member. Such an amount will be determined by the Board having regard to:
(a) the charge percentage specified in subsection 19(2) of the Superannuation Guarantee (Administration) Act 1992 as it applied during the period in which the person was a member; and
(b) the advice of an actuary in relation to the calculation of the amount.”
4.2 Rule 6.1.1 is amended by deleting the existing subparagraph (a)(i) and substituting it with the following new subparagraph (a)(i):
“(i) all his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable to the member if the sum of these amounts is less than $200;”
4.3 Rule 6.1.3 is amended by deleting the existing paragraph (a) and substituting it with the following new paragraph (a):
“(a) to be paid a lump sum of his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable to the member if the sum of these amounts is less than $200; or”
4.4 Rule 6.2.1 is amended by deleting the existing paragraph (a) and substituting it with the following new paragraphs:
“(a) to be paid a lump sum calculated under Rule 6.2.1A and:
(i)leave the balance, if any, of his/her final benefit accrual in the scheme as a preserved benefit; or
(ii)if the balance is 50% or more of his/her final benefit accrual, convert the balance into a pension; or
(aa)to be paid a lump sum of less than the part of his/her final benefit accrual that is permitted to be paid in cash under the SIS Act; and
(i)leave the balance of his/her final benefit accrual in the scheme as a preserved benefit; or
(ii)if the balance is 50% or more of his/her final benefit accrual, convert the balance into a pension; or”
4.5 The following Rule is to be inserted immediately following Rule 6.2.1:
“6.2.1A For the purposes of Rule 6.2.1(a) where:
(a)the SIS Act permits the total of the final benefit accrual to be paid in cash, the lump sum is the final benefit accrual in respect of the member plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member; or
(b)the SIS Act does not permit the total of the final benefit accrual to be paid in cash, the lump sum is the amount of the final benefit accrual in respect of the member permitted to be paid in cash under the SIS Act.”
4.6 Rule 6.3.2 is amended by deleting the existing subparagraph (a)(ii) and substituting the following new subparagraph (a)(ii):
“(ii) roll-over the balance of his/her final benefit plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member with any amount that exceeds the member’s accumulated member contributions being treated as a preserved benefit for the purposes of the SIS Act; or”
4.7 Rule 6.3.2 is further amended deleting paragraph (c) and substituting it with the following new paragraph:
“(c) to roll-over his/ her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member, with any amount that exceeds the member’s accumulated member contributions being treated as a preserved benefit for the purposes of the SIS Act; or”
4.8 Rule 6.3.3 is amended by deleting the existing paragraph (a) and substituting it with the following new paragraphs:
“(a) to be paid a lump sum calculated under Rule 6.3.3A, and:
(i)leave the balance, if any, of his or her final benefit accrual in the scheme as a preserved benefit; or
(ii)roll-over the balance, if any, of his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member; or
(iii)if the balance is 50% or more of his/her final benefit accrual, convert the balance into a pension; or
(aa) to be paid a lump sum of less than the part of his/her final benefit accrual that is permitted to be paid in cash under the SIS Act; and:
(i)leave the balance of his/her final benefit accrual in the scheme as a preserved benefit; or
(ii)roll-over the balance of his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member; or
(iii)if the balance is 50% or more of his/her final benefit accrual, convert the balance into a pension; or”
4.9 Rule 6.3.3 is further amended by deleting the existing paragraph (c) and substituting the following new paragraph (c):
“(c) to roll-over his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member; or”.
4.10 The following Rule is to be inserted immediately following Rule 6.3.3:
“6.3.3A For the purposes of Rule 6.3.3(a) where:
(a)the SIS Act permits the total of the final benefit accrual to be paid in cash, the lump sum is the final benefit accrual in respect of the member plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member; or
(b)the SIS Act does not permit the total of the final benefit accrual to be paid in cash, the lump sum is the amount of the final benefit accrual in respect of the member permitted to be paid in cash under the SIS Act.”
4.11 Rule 6.5.1 is amended by deleting paragraph (b) and substituting it with the following new paragraph (b):
“(b) to be paid a lump sum of his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member, provided the Board is satisfied he/she is suffering from a terminal medical condition;”
4.12 Rule 6.5.2 is amended by deleting paragraph (a) and substituting it with the following new paragraph (a):
“(a) to be paid a lump sum of his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member or limited benefits member; or”
4.13 Rule 6.5.3 is replaced with the following Rule:
“6.5.3 A limited benefits member who ceases membership on invalidity retirement before age 60 is entitled to be paid a lump sum of his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the limited benefits member.”
4.14 Rule 6.6.3 is amended by deleting the existing paragraph (i) and substituting it with the following new paragraph (i):
“(i) to roll-over his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member, with any amount that exceeds the member’s accumulated member contributions being treated as a preserved benefit for the purposes of the SIS Act; or”
4.15 Rule 6.6.5 is amended by deleting existing subparagraph (a)(ii) and substituting it with the following new subparagraph (a)(ii):
“(ii) roll-over the balance of his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member, with any amount that exceeds the member’s accumulated member contributions being treated as a preserved benefit for the purposes of the SIS Act; or”
4.16 Rule 6.6.5 is further amended by deleting existing paragraph (b) and substituting it with the following new paragraphs:
“(b) to be paid a lump sum of his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member provided that the member:
(A)ceases membership on or after minimum retiring age and before age 60, and retires permanently from the workforce; or
(B)ceases membership on or after age 60; or
(bb) to be paid a lump sum of less than the amount of his/her final benefit accrual, and:
(i)leave the balance of his/her final benefit accrual in the scheme as a preserved benefit; or
(ii)roll-over the balance of his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member; or
(iii)if the balance is 50% or more of his/her final benefit accrual, convert the balance into a pension;
provided that the member:
(A)ceases membership on or after minimum retiring age and before age 60, and retires permanently from the workforce; or
(B)ceases membership on or after age 60; or”
4.17 Rule 6.6.5 is further amended by deleting existing paragraph (d) and substituting it with the following new paragraph (d):
“(d) to roll-over his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member, with any amount that exceeds the member’s accumulated member contributions being treated as a preserved benefit for the purposes of the SIS Act; or”
4.18 Rule 6.8.6 is amended by deleting the words “his/her final benefit accrual” and replacing them with the words “his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the member”.
4.19 Rule 6.8.7 is replaced with the following Rule:
“6.8.7 A preserved benefit member who becomes a member of an eligible superannuation scheme may choose to transfer his/her preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable in respect of him/her to the eligible superannuation scheme unless he/she has been paid some of his/her accumulated member contributions (other than a refund of an Excess Contribution Multiple). Where such a choice is made, the benefit is payable to the eligible superannuation scheme under Rule 8.1.1 provided the requirements of Rule 6.8.8 are satisfied.”
4.20 The following Rules are inserted immediately after Rule 7.1.2:
“7.1.2A Where the reversionary pension has not been apportioned under Rule 9.4.1 and the spouse of a deceased member chooses, under Rule 7.1.2, to convert the whole of the pension payable to him/her to a lump sum, and no further benefits are payable in respect of the deceased member, the amount of that lump sum is:
(a) the lump sum applicable to that spouse in accordance with Rule 9.3.4; plus
(b) the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased member.
7.1.2B Where a deceased member is survived by more than one spouse and the reversionary pension has been apportioned between the spouses under Rule 9.4.1 and each spouse of the deceased member chooses, under Rule 7.1.2, to convert the whole of the pension payable to him/her to a lump sum, and no further benefits are payable in respect of the deceased member, the amount of that lump sum is:
(a) the lump sum applicable to that spouse in accordance with Rule 9.3.4; plus
(b) a proportion of the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased member as determined by the Board having regard to its apportioning of the reversionary pension under Rule 9.4.1
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4.21 Rule 7.1.5 is replaced with the following Rule:
“7.1.5 If a deceased member is not survived by a spouse or children eligible for benefits, including partially dependent children, the Board may pay the death benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased member to:
(a) any child or children of the deceased member, who would otherwise be ineligible for benefits, in such proportions as are determined by the Board; or
(b) the legal personal representative of the deceased member.
If, after making reasonable enquiries, the Board is unable to find the legal personal representative of a deceased member the Board may pay the death benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased member to an individual or apportion it between two or more individuals.”
4.22 Rule 7.2.1 is replaced with the following Rule:
“7.2.1 A spouse of a deceased limited benefits member, with or without eligible children, is entitled to a lump sum of the final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of that former member. The Board will apportion the lump sum between that spouse and:
(a)any other spouse with or without eligible children; and
(b)any eligible child who does not ordinarily live with a spouse; and
(c)any eligible children who do not ordinarily live with a spouse, but who ordinarily live together; and
(d)any partially dependent child; or
(e)any combination of such beneficiaries.”
4.23 Rule 7.2.3 is replaced with the following Rule:
“7.2.3 Where a deceased limited benefits member is not survived by a spouse but is survived by an eligible child or children and/or a partially dependent child or children, a lump sum of the final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of that former member is payable to, or for the benefit of, that child or collectively to, or for the benefit of, those children.
The Board will apportion that lump sum between two or more such children who are not living together. There is no option to convert the lump sum to a pension.”
4.24 Rule 7.2.4 is replaced with the following Rule:
“7.2.4 If a deceased limited benefits member is not survived by a spouse or children eligible for benefits, including partially dependent children, the Board may pay the final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased limited benefits member to:
(a) any child or children of the deceased limited benefits member who would otherwise be ineligible for benefits, in such proportions as are determined by the Board; or
(b) the legal personal representative of the deceased limited benefits member.
If, after making reasonable enquiries, the Board is unable to find the legal personal representative of a deceased limited benefits member the Board may pay the final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased limited benefits member to an individual or apportion it between two or more individuals.”
4.25 Rule 7.3.3 is amended by deleting paragraph (c) and substituting it with the following new paragraph (c):
“(c) any superannuation guarantee additional amount that is applicable in respect of the deceased pensioner;”
4.26 Rule 7.3.4 is amended by deleting the words “final benefit accrual of a deceased pensioner” and replacing them with “final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased pensioner”.
4.27 Rule 7.3.5 is amended by deleting paragraph (c) and substituting it with the following new paragraph (c):
“(c) any superannuation guarantee additional amount that is applicable in respect of the deceased pensioner;”
4.28 Rule 7.4.1 is replaced with the following Rule:
“7.4.1 Where a deceased preserved benefit member is survived by one spouse only (with or without eligible children), that spouse is entitled to a lump sum of the former member’s preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable in respect of the former member, or may choose to be paid the former member’s preserved benefit:
(a)wholly as a pension (see Rule 9.3.9); or
(b)as part pension, by choosing to convert one-half or more of the preserved benefit to pension, with the balance paid as a lump sum.
An option of a pension cannot be chosen unless the preserved benefit includes all of the former member’s accumulated member contributions (other than any refunded Excess Contribution Multiple, see Rule 6.9.4).”
4.29 Rule 7.4.3 is replaced with the following Rule:
“7.4.3 A spouse of a deceased preserved benefit member entitled to part of a preserved benefit apportioned by the Board under Rule 7.4.2 may choose to be paid:
(a)a lump sum calculated under Rule 7.4.3A; or
(b)the part of the preserved benefit apportioned to them wholly as a pension; or
(c)the part of the preserved benefit apportioned to them as part pension, by choosing to convert one-half or more of the portion to pension, with the balance paid as a lump sum.
A pension cannot be chosen unless, before the apportioning by the Board under Rule 7.4.2, the preserved benefit included all of the former member’s accumulated member contributions (other than any refunded Excess Contribution Multiple, see Rule 6.9.4).”
4.30 The following Rule is inserted under Rule 7.4.3:
“7.4.3A For the purposes of Rule 7.4.3 and Rule 7.4.5 where:
(a) each spouse has chosen under Rule 7.4.3 to be paid a lump sum, the lump sum is an amount equal to the part of the preserved benefit apportioned by the Board under Rule 7.4.2 plus a proportion of the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased preserved benefit member as determined by the Board having regard to its apportioning of the preserved benefit under Rule 7.4.2.”; or
(b) each spouse has not chosen under Rule 7.4.3 to be paid a lump sum, the lump sum is an amount equal to the part of the preserved benefit apportioned by the Board under Rule 7.4.2.”
4.31 Rule 7.4.5 is amended by replacing Rule 7.4.5 with the following Rule:
“7.4.5 Where any part of a preserved benefit is apportioned by the Board under Rule 7.4.2 to any child, or children, entitled to benefits, there is payable a lump sum calculated under Rule 7.4.3A to, or for the benefit of, that child, or collectively to, or for the benefit of, those children. There is no option to convert the lump sum to a pension.”
4.32 Rule 7.4.6 is replaced with the following Rule:
“7.4.6 Where a deceased preserved benefit member is not survived by a spouse but is survived by an eligible child or children and/or a partially dependent child or children, a lump sum of the preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased preserved benefit member is payable to, or for the benefit of, that child or collectively to, or for the benefit of, those children. The Board may apportion that lump sum between two or more such children who are not living together. There is no option to convert the lump sum to a pension.”
4.33 Rule 7.4.7 is replaced with the following Rule:
“7.4.7 If a deceased preserved benefit member is not survived by a spouse or children eligible for benefits, including partially dependent children, the Board may pay the preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased preserved benefit member to:
(a) any child or children of the deceased preserved benefit member who would otherwise be ineligible for benefits, in such proportions as are determined by the Board; or
(b) the legal personal representative of the deceased preserved benefit member.
If, after making reasonable enquiries, the Board is unable to find the legal personal representative of a deceased preserved benefit member the Board may pay the preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased preserved benefit member to an individual or apportion it between two or more individuals.”
4.34 Rule 8.1.1 is amended by deleting existing paragraph (f) and substituting the following new paragraph (f):
“(f) the date the administrators of an eligible superannuation scheme agree to accept the amount to be transferred as a result of a choice exercised under Rule 6.8.7; or”
4.35 Rule 8.2.1 is amended by deleting existing paragraph (B) and substituting the following new paragraph (B):
“(B) to be paid a lump sum of the preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable to the preserved benefit member.”
4.36 Rule 8.2.2 is amended by deleting existing paragraph (b) and substituting the following new paragraph (b):
“(b) to be paid a lump sum of his/her preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable to the preserved benefit member.”
4.37 Rule 8.2.4 is replaced with the following Rule:
“8.2.4 A preserved benefit member whose preserved benefit has become payable under Rule 8.1.1 on the date the Board is satisfied his/her intention to leave Australia permanently is certain, is to be paid a lump sum of his/her preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable to the preserved benefit member.”
4.38 The following Rules are to be inserted immediately following Rule 8.3.5:
“8.3.5A The total amount of any lump sum or lump sums paid under Rule 8.3.5 may not exceed the preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable to the preserved benefit member.
8.3.5B Where the total amount of the lump sum or lump sums paid under Rule 8.3.5 is greater or equal to the preserved benefit but less than the amount of preserved benefit plus the superannuation guarantee additional amount (if any), the balance of the superannuation guarantee additional amount (if any) is to be treated as a preserved benefit under the SIS Act and dealt with accordingly.”
4.39 The following Rules are to be inserted immediately following Rule 8.3.6:
“8.3.6A The total amount of any lump sum or lump sums paid under Rule 8.3.6 may not exceed the preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable to the preserved benefit member.
8.3.6B Where the total amount of the lump sum or lump sums paid under Rule 8.3.6 is greater or equal to the preserved benefit but less than the amount of preserved benefit plus the superannuation guarantee additional amount (if any), the balance of the superannuation guarantee additional amount (if any) is to be treated as a preserved benefit under the SIS Act and dealt with accordingly.”
4.40 Rule 8.4.3 is amended by deleting the existing paragraph (c ) and substituting the following new paragraph (c):
“(c) to roll-over his/her preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable to the preserved benefit member, with any amount that exceeds the member’s accumulated member contributions being treated as a preserved benefit for the purposes of the SIS Act; or”
4.41 Rule 8.4.3 is further amended by deleting the existing subparagraph (d)(ii) and substituting the following new subparagraph (d)(ii):
“(ii) roll-over the balance of his/her preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable in respect of the preserved benefit member, with any amount that exceeds the member’s accumulated member contributions being treated as a preserved benefit for the purposes of the SIS Act; or”
4.42 Rule 8.4.4 is amended by deleting the existing paragraph (a) and substituting it with the following new paragraphs:
“(a) to be paid a lump sum calculated under Rule 8.4.4A and:
(i)retain the balance, if any, of his/her preserved benefit in the PSS scheme; or
(ii)roll-over the balance, if any, of his/her preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable in respect of the preserved benefit member; or
(iii)if the balance is 50% or more of his/her preserved benefit, convert the balance into a pension; or”
(aa) to be paid a lump sum of less than the part of his/her preserved benefit that is permitted to be paid in cash under the SIS Act and
(i)retain the balance of his/her preserved benefit in the PSS scheme; or
(ii)roll-over the balance of his/her preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable in respect of preserved benefit member; or
(iii)if the balance is 50% or more of his/her preserved benefit, convert the balance into a pension; or”
4.43 Rule 8.4.4 is further amended by deleting the existing paragraph (d) and substituting the following new paragraph (d):
“(d) to roll-over his/her preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable to the preserved benefit member; or”
4.44 The following Rule is to be inserted immediately following Rule 8.4.4:
“8.4.4A For the purposes of Rule 8.4.4(a) where:
(a)the SIS Act permits the total of the preserved benefit to be paid in cash, the lump sum is the preserved benefit in respect of the preserved benefit member plus the superannuation guarantee additional amount (if any) that is applicable in respect of the preserved benefit member; or
(b)the SIS Act does not permit the total of the preserved benefit to be paid in cash, the lump sum is the amount of the preserved benefit in respect of the preserved benefit member permitted to be paid in cash under the SIS Act.”
4.45 Rule 9.5.5 is replaced with the following new Rule:
“9.5.5 When no further benefits are payable in respect of a deceased member, deceased preserved benefit member or deceased pensioner, a lump sum is payable of the amount, if any, by which the sum of the:
(a) accumulated member contributions; and
(b) accumulated productivity contributions; and
(c) any superannuation guarantee additional amount
applicable to the deceased member, deceased preserved benefit member or deceased pensioner exceeds the total amount of benefits in the form of pension or lump sum paid to or respect of him/her, since his/her last day of membership; the Board may pay the lump sum:
(i) to any child or children of the deceased member, deceased preserved benefit member or deceased pensioner who would otherwise be ineligible for benefits in such proportions as is determined by the Board; or
(ii) to the legal personal representative of the deceased member, deceased preserved benefit member or deceased pensioner.
If, after making reasonable enquiries, the Board is unable to find the legal personal representative of a deceased member, deceased preserved benefit member or deceased pensioner the Board may pay the lump sum to an individual or apportion it between two or more individuals.”
4.46 Rule 11.3.26 is amended by deleting subparagraph (iii) in paragraph (a) and substituting it with the following new subparagraph (iii):
“(iii) any superannuation guarantee additional amount that is applicable in respect of the deceased pensioner;”
4.47 Rule 11.3.26 is further amended by deleting paragraph (b) and substituting it with the following new paragraph (b):
“(b) if the deceased pensioner retired on invalidity grounds and was not a preserved benefit member immediately before becoming a pensioner, his/her final benefit accrual plus the superannuation guarantee additional amount (if any) that is applicable in respect of the deceased pensioner;”
4.48 Rule 11.3.27 is amended by deleting paragraph (c) and substituting it with the following new paragraph (c):
“(c) any superannuation guarantee additional amount that is applicable in respect of the deceased pensioner;”
IN WITNESS WHEREOF this Deed has been executed the day and year first hereinbefore written.
SIGNED, SEALED AND DELIVERED )
)
by the Honourable NICK SHERRY ) Nick Sherry
)
Minister for Superannuation and Corporate Law )
acting for and on behalf of )
the Minister for Finance and Deregulation )
)
)
for and on behalf of )
)
THE COMMONWEALTH OF )
)
AUSTRALIA, in the presence of: )
)
Adam Wand ) A Wand
(name) )
)
)
(address) )
)
)
(description) ) Chief of Staff
)
Note to the Deed: TABLE LISTING TRUST DEED AND AMENDING DEEDS
Before 1 January 2005, section 45 of the Superannuation Act 1990 provided, in part, that instruments under subsection 5(1) of that Act amending the Trust Deed were disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901. The effect of these provisions was that amending instruments were required to be notified in the Gazette and take effect from the date of gazettal (unless the instrument provided otherwise).
From 1 January 2005, paragraph 6(d) of the Legislative Instruments Act 2003 declared disallowable instruments (such as the instruments amending the Trust Deed) to be legislative instruments. Legislative instruments are registered on the Federal Register of Legislative Instruments instead of being notified in the Gazette.
| Date of making | Number | Gazette details / Registration details |
| 21 June 1990 | Trust Deed | GN 25, 27 June 1990, p1728 |
| 21 June 1990 | First | GN 25, 27 June 1990, p1728 |
| 1 July 1991 | Second | S 180, 1 July 1991 |
| 30 June 1992 | Third | S 181, 1 July 1991 |
| 21 December 1992 | Fourth | GN 1, 13 January 1993, p110 |
| 16 June 1993 | Fifth | S 181, 18 June 1993 |
| 24 January 1994 | Sixth | GN 4, 2 February 1993, p366 |
| 7 March 1994 | Seventh | S 89, 15 March 1994 |
| 28 June 1993 | Eighth | S 246, 29 June 1994 |
| 22 June 1995 | Ninth | GN 25, 28 June 1995, p2285 |
| 29 January 1996 | Tenth | S 41, 1 February 1996 |
| 10 December 1996 | Eleventh | GN 50, 18 December 1996 |
| 25 March 1998 | Twelfth | GN 13, 1 April 1998, p901 |
| 5 December 1999 | Thirteenth | S 590, 6 December 1999 |
| 20 August 2001 | Fourteenth | S 342, 22 August 2001 |
| 25 September 2001 | Fifteenth | GN 39, 3 October 2001, p2972 |
| 26 June 2002 | Sixteenth | S 225, 27 June 2002 |
| 3 April 2003 | Seventeenth | GN 17, 30 April 2004, p 1398 |
| Date of making | Number | Gazette details / Registration details |
| 27 June 2003 | Eighteenth | S 245, 27 June 2003 |
| 26 November 2003 | Nineteenth | S 446, 1 December 2003 |
| 23 March 2004 | Twentieth | S 89, 24 March 2004 |
| 9 May 2004 | Twenty-first | S 146, 11 May 2004 |
| 5 July 2004 | Twenty-second | S 277, 9 July 2004 |
| 9 August 2004 | Twenty-third | S 330, 12 August 2004 |
| 8 June 2005 | Twenty-fourth | F2005L01613, 27 June 2005 |
| 24 June 2005 | Twenty-fifth | F2005L01860, 29 June 2005 |
| 22 August 2005 | Twenty-sixth | F2005L02372, 25 August 2005 |
| 20 June 2006 | Twenty-seventh | F2006L01969, 26 June 2006 |
| 21 June 2007 | Twenty-eighth | F2007L01943, 28 June 2007 |
| 28 August 2007 | Twenty-ninth | F2007L03519, 31 August 2007 |
| 19 December 2007 | Thirtieth | F2007L04993, 24 December 2007 |
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