Twenty-Third Amending Deed to the Deed to Establish an Occupational Superannuation Scheme for Commonwealth Employees and Certain Other Persons (the Public Sector Superannuation Scheme) (Cth)

TWENTY-THIRD AMENDMENT

of the

PUBLIC SECTOR SUPERANNUATION SCHEME TRUST DEED

THIS DEED is made on 9 August 2004 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);

WHEREAS the Public Sector Superannuation Scheme (the Scheme) was established by Trust Deed dated 21 June 1990[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 Scheme;

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 Board has consented to the amendments provided for in this Deed.

NOW THIS DEED WITNESSES as follows:

1.The amendments to the Rules made by this Deed come into effect on the date of gazettal [see the Acts Interpretation Act 1901, sections 46A and 48].

2.This Deed is to be read as if it formed part of the Trust Deed and, where the context requires or admits, a word or phrase in this Deed has the same meaning that it has in the Trust Deed.

3.The Rules are amended as follows:

3.1Rule 1.2.1 is amended by deleting the definition of compensation leave and substituting the following definition:

“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

·a service injury or disease (within the meaning of the Military Rehabilitation and Compensation Act 2004) in respect of which the person is receiving compensation under section 86 (part-time Reservists), 87 (incapacitated cadets and declared members) or 127 (former member maintained in hospital) of that Act; or

·any period in respect of which persons not covered by those Acts are receiving similar compensation payments.”

3.2Rule 1.2.1 is amended by inserting the following definition after the definition of member spouse:

“Military Rehabilitation and means the Commission established under the Military

Compensation Commission             Rehabilitation and Compensation Act 2004.”

3.3Rule 4.2.1 is amended by deleting paragraph (c) and substituting the following paragraph:

“(c)      a period of compensation leave granted under the Safety, Rehabilitation and Compensation Act 1988 or the Military Rehabilitation and Compensation Act 2004, or under similar arrangements.”

3.4Rule 10.7.4 is amended by deleting paragraph (a) and substituting the following paragraph:

“(a)      consult with Comcare or the Military Rehabilitation and Compensation Commission, or other appropriate body, with a view to implementing such a program; and”

3.5Rule 10.7.5 is amended by deleting paragraph (c) and substituting the following paragraph:

“(c)      where the member is on compensation leave (or is suffering from a compensable condition), the assessment of the member’s medical condition by Comcare, or other appropriate body, except where the compensation leave or compensable condition is the result of a service injury or disease within the meaning of the Military Rehabilitation and Compensation Act 2004;”

3.6Rule 10.7.5 is amended by inserting the following paragraph after paragraph (d):

“(e)      where the member is on compensation leave (or is suffering from a compensable condition) resulting from a service injury or disease within the meaning of the Military Rehabilitation and Compensation Act 2004, any views of the Military Rehabilitation and Compensation Commission that are provided to the Board regarding the member’s medical condition.”

3.7Rule 10.10.3 is amended by deleting paragraph (a) and substituting the following paragraph:

“(a)      consult with Comcare or the Military Rehabilitation and Compensation Commission, or other appropriate body, with a view to implementing such a program; and”

IN WITNESS WHEREOF this Deed has been executed the day and year first hereinbefore written.

SIGNED, SEALED AND DELIVERED   )

)

by the Honourable NICHOLAS HUGH MINCHIN       )           SIGNED

)

Minister for Finance and Administration               )

)

for and on behalf of   )

)

THE COMMONWEALTH OF   )

)

AUSTRALIA, in the presence of:   )

)

)

(name)   )           Chris Keane

)

)

(address)   )           20 Clifton St

)           PROSPECT  SA  5082

)

(description)   )           Adviser

)

Note to the Deed:

TABLE LISTING TRUST DEED AND AMENDING DEEDS

Section 45 of the Superannuation Act 1990 provides, in part, that instruments under section 5(1) amending the Trust Deed are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901.  The effect of these provisions is that amending instruments are required to be notified in the Gazette and take effect from the date of gazettal unless the instrument provides otherwise.

Date	Number	Gazette details
21 June 1990	Trust Deed	GN 25, 27 June 1990, p 1728
21 June 1990	First	GN 25, 27 June 1990, p 1728
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, p 110
16 June 1993	Fifth	S 181, 18 June 1993
24 January 1994	Sixth	GN 4, 2 February 1994, p 366
7 March 1994	Seventh	S 89, 15 March 1994
28 June 1994	Eighth	S 246, 29 June 1994
22 June 1995	Ninth	GN 25, 28 June 1995, p 2285
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, p 901
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, p 2972
26 June 2002	Sixteenth	S 225, 27 June 2002
3 April 2003	Seventeenth	GN 17, 30 April 2003, p 1398
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