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

Administered by Department of Finance

Legislation au F2005B01202 Not in force Legislative Instrument

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FOURTH AMENDING DEED TO THE

DEED

TO ESTABLISH AN OCCUPATIONAL

SUPERANNUATION SCHEME FOR COMMONWEALTH

EMPLOYEES AND CERTAIN OTHER PERSONS

Pursuant to

SECTION 5 OF THE

SUPERANNUATION ACT 1990

Australian Government

Solicitor

Robert Garran Offices

BARTON ACT 2600

THIS DEED is made on 21st December 1992 by THE COMMONWEALTH OF AUSTRALIA (in this Deed called “the Commonwealth”).

WHEREAS the Commonwealth Minister of State for Finance, for and on behalf of the Commonwealth, pursuant to section 4 of the Superannuation Act 1990, established by Deed dated 21 June 1990 (in this Deed called “the Trust Deed”) an occupational superannuation scheme (in this Deed called the “Superannuation Scheme”) in order to provide benefits for certain of its employees and for certain other persons;

AND WHEREAS section 5 of the Superannuation Act 1990 provides that the Minister may, by signed instrument, amend the Trust Deed;

AND WHEREAS by Deeds dated 21 June 1990, 1 July 1991 and 30 June 1992 (the First, Second and Third Amending Deeds, respectively) the Minister amended the Trust Deed and the Rules for the administration of the Superannuation Scheme set out in the Schedule to the Trust Deed;

NOW THIS DEED WITNESSES that the Rules for the administration of the Superannuation Scheme set out in the Schedule to the Trust Deed are amended as follows:

1.1 Rule 1.1.1 is amended by:

(a) adding the following definition after the definition of “minimum retiring age”:

‘“mobility allowance”, means an allowance of that name payable in accordance with a determination made under section 82D of the Public Service Act 1922;’ and

(b) adding the following paragraph after paragraph (d) of the definition of “permanent full-time employee”:


“or (e) a person who is eligible to be paid a mobility allowance or who would be eligible to be paid the allowance except for the amount of income that the person is receiving;”.

1.2 The following rule and its heading are inserted after rule 2.1.4:

“Annual rate of salary for a member who is eligible to be paid mobility allowance

2.1.4A. The annual rate of salary on a particular day for a member who is eligible to be paid a mobility allowance on that day, or who would be eligible to be paid the allowance on that day except for the amount of income that the member is receiving, shall be the greater of:

(a) the annual rate of superannuation salary payable on that day in respect of the office that the member held immediately before becoming eligible for a mobility allowance; and

(b) the annual rate of CSS salary (if any) applicable to the member on that day under rule 2.1.11.”

1.3 Rule 2.3.1 is amended by:

(a) replacing “members.” at the end of paragraph (g) with “members; or”; and


(b) adding the following paragraph:

“(h) where the member was eligible to be paid a mobility allowance on the anniversary of his or her birth immediately preceding the contribution due day, or would have been eligible to be paid the allowance on that anniversary of birth except for the amount of income that the member was then receiving, and:

(i) where he or she was a member on that anniversary of birth - the fortnightly rate of salary on that anniversary of birth in respect of the office that he or she held immediately before becoming eligible for the mobility allowance; or

(ii) where he or she was an eligible employee for the purposes of the 1976 Act on the anniversary of birth immediately preceding the contribution due day - the fortnightly contribution salary on the contribution due day for the purposes of the 1976 Act in accordance with rule 2.4.2.”.

1.4 Rule 3.1.7 is amended by replacing:

“Except where rule 3.1.12 and rule 3.1.13 apply,”

with:

“Except where rules 3.1.9A, 3.1.12 and 3.1.13 apply,”.


1.5 The following rule is inserted after rule 3.1.9:

“3.1.9A. Rule 3.1.7 does not apply to a member who is eligible to be paid a mobility allowance or who would be eligible to be paid the allowance except for the amount of income that the member is receiving.”

2. This Deed has effect from 21st December 1992.

IN WITNESS whereof the Honourable Ralph Willis, Minister for Finance, has hereunto set the name of the Commonwealth of Australia and affixed his own seal the day and the year first above written.

SIGNED, SEALED AND DELIVERED

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by the Honourable RALPH WILLIS,

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Minister for Finance, for and

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on behalf of THE COMMONWEALTH

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OF AUSTRALIA, in the presence

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of: [Illegible]

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(name) DIANNE JAY

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AB BARANGAROO ST

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CHISHOLM ACT 2905

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(address)

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ADVISER TO MINISTER

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(description)

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Overview

The Fourth Amending Deed to the Deed to Establish an Occupational Superannuation Scheme for Commonwealth Employees and Certain Other Persons was enacted on 21 December 1992 by the Australian Government and is a legislative instrument under the Superannuation Act 1990. This amending deed was introduced to address the need for adjustments in the rules governing the administration of the occupational superannuation scheme for certain Commonwealth employees and other persons, particularly in relation to the payment of mobility allowances as defined under the Public Service Act 1922. The enacting body, the Commonwealth Minister of State for Finance, sought to refine the eligibility criteria and calculation methods for superannuation benefits, ensuring that they appropriately reflect the circumstances of employees who are eligible for or would be eligible for mobility allowances. The policy objective of this legislation is to provide clarity and fairness in the administration of superannuation benefits within the scheme, thereby supporting the financial security of eligible employees.

Scope and Application

The Fourth Amending Deed to the Deed to Establish an Occupational Superannuation Scheme for Commonwealth Employees and Certain Other Persons pertains to the Commonwealth of Australia and applies specifically to its employees and certain other eligible individuals under the Superannuation Act 1990. This legislative instrument amends the rules governing the administration of the Superannuation Scheme established by the Trust Deed dated 21 June 1990. The amendments focus on incorporating the concept of a "mobility allowance" and adjusting the conditions under which members can be eligible for this allowance. The changes also affect the calculation of the annual rate of salary for members who are eligible for the mobility allowance and modify the contribution rules for such members. This deed extends to the Commonwealth and any associated entities or individuals involved in the administration of the Superannuation Scheme. It operates within the national jurisdiction, impacting Commonwealth employees and other specified persons across Australia.

Key Provisions

The Fourth Amending Deed to the Deed to Establish an Occupational Superannuation Scheme for Commonwealth Employees and Certain Other Persons (F2005B01202) introduces several amendments to the existing rules governing the administration of the Superannuation Scheme. Section 1.1 adds a new definition of "mobility allowance" and modifies the definition of "permanent full-time employee" to include those eligible for a mobility allowance (sections 1.1(a) and (b)). Section 1.2 introduces a new rule (2.1.4A) that determines the annual rate of salary for members eligible for a mobility allowance, ensuring it is the greater of the annual rate of superannuation salary or the CSS salary (section 1.2). Section 1.3 amends Rule 2.3.1 by adding a new subparagraph (h) to address the fortnightly rate of salary for members who were eligible for a mobility allowance on their birthday preceding the contribution due day (section 1.3(a) and (b)). Section 1.4 modifies Rule 3.1.7 by adding rule 3.1.9A to the exceptions listed (section 1.4). Finally, Section 1.5 inserts a new rule (3.1.9A) stating that Rule 3.1.7 does not apply to members eligible for a mobility allowance (section 1.5). The amendments impose specific obligations on the parties involved in the administration of the Superannuation Scheme. For instance, Rule 2.1.4A requires the calculation of the annual rate of salary for members eligible for a mobility allowance, ensuring it is the higher of two specified rates. Rule 2.3.1(h) mandates the calculation of the fortnightly rate of salary for members who were eligible for a mobility allowance on their birthday. These amendments necessitate precise record-keeping and accurate calculations to ensure compliance with the new rules. Failure to comply with the provisions of this amending deed may result in various consequences. While the deed itself does not explicitly state the penalties for non-compliance, breaches of the Superannuation Act 1990 or related regulations may incur civil or criminal penalties. Under the Superannuation Act 1990, penalties for non-compliance can include fines and imprisonment. Specifically, section 138 of the Act provides for penalties for breaches of the Act, with maximum penalties for individuals being up to $22,200 and for corporations being up to $111,000. Additionally, the Public Service Act 1922 may also impose penalties for non-compliance with its provisions related to the mobility allowance. These penalties underscore the importance of adhering to the amended rules and ensuring accurate administration of the Superannuation Scheme.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.