Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 3) 2002 No. 342
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 342
Issued by the authority of the Minister for Finance and Administration
Superannuation Act 1990
Declaration under paragraph 6(1)(j)
Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 3)
The Superannuation Act 1990 (the 1990 Act) makes provision for and in relation to the Public Sector Superannuation Scheme (PSS) for Commonwealth employees and for certain other persons.
Section 6 of the 1990 Act specifies the persons who are, or who may be, members of the PSS. In accordance with paragraph 6(1)(j), a person declared by the Minister for Finance and Administration to be a person to whom section 6 applies is a PSS member. Declarations made under paragraph 6(1)(j) are contained in the Superannuation (PSS) Membership Inclusion Declaration (the Principal Declaration).
Section 45 of the 1990 Act provides that a declaration made under paragraph 6(1)(j) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 and a Statutory Rule for the purposes of the Statutory Rules Publication Act 1903.
The purpose of the Declaration contained in the Statutory Rule and cited as the Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 3) is to amend the Principal Declaration in order to provide PSS membership for certain employees of the PSS Board, the CSS Board or both Boards ("the PSS/CSS Board").
The Declaration ensures continued membership of the PSS for permanent employees of the PSS/CSS Board who were PSS members before being employed by the PSS/CSS Board. The Declaration also enables permanent employees of the PSS/CSS Board who have a PSS deferred benefit to elect to become a member of PSS. The Declaration provides temporary employees of the PSS/CSS Board with the option to elect to be members of the PSS for the purposes of their employment with the PSS/CSS Board.
The Declaration also provides that PSS membership for employees of the PSS/CSS Board will cease in the circumstances set out in the Declaration. For example, membership would cease when the person ceases to be employed by the PSS/CSS Board or where the person becomes a member of an alternative superannuation scheme.
This Declaration takes effect from gazettal.
Details of the Declaration are explained in the Attachment.
ATTACHMENT
SUPERANNUATION (PSS) MEMBERSHIP INCLUSION AMENDMENT DECLARATION 2002 (NO. 3)
Clause 1
This clause provides that the name of the Declaration is the Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 3).
Clause 2
This clause provides for the commencement of the Declaration on gazettal.
Clause 3
This clause provides that Schedule 1 amends the Superannuation (PSS) Membership Inclusion Declaration (the Principal Declaration).
Schedule 1
Item [1] inserts a new definition of the term PSS/CSS Board and is intended to cover persons engaged as employees of both Boards as well as employees of each Board.
Item [2] inserts subclause 3 (16) which describes the circumstances which result in PSS membership of employees of the PSS/CSS Board ceasing and specifies when membership ceases in each circumstance.
Paragraph 3(16)(a) provides that membership continues by virtue of these amendments only while a member remains employed by the PSS/CSS Board.
Paragraph 3(16)(b) provides that membership ceases on the day immediately before the person joins an alternative superannuation scheme in relation to their employment with the PSS/CSS Board.
Item [3] inserts item 23 in the Schedule to the Principal Declaration.
Item 23 describes the class of persons who are PSS members during their employment with the PSS/CSS Board. The class comprises persons who are or become permanent employees of the PSS/CSS Board and who were PSS members immediately before becoming so employed. The class also includes certain employees of the PSS/CSS Board who elect to become members of the PSS including persons who had a preserved benefit under the 1990 Act, persons who make an election to move from the CSS to the PSS upon returning from a leave of absence, and temporary employees.
Overview
The Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 3) was enacted by the Minister for Finance and Administration under the Superannuation Act 1990 to address the need for consistent and updated PSS membership provisions for employees of the PSS/CSS Board. This Statutory Rule aims to amend the existing Superannuation (PSS) Membership Inclusion Declaration to ensure that specific employees of the PSS/CSS Board are included in the PSS. This includes maintaining membership for permanent employees who were already PSS members prior to their employment with the PSS/CSS Board, enabling those with PSS deferred benefits to elect membership, and providing temporary employees with the option to join the PSS. Membership will cease under certain conditions, such as the cessation of employment with the PSS/CSS Board or joining an alternative superannuation scheme. The Declaration came into effect upon gazettal and was issued under the authority of the relevant Minister.
Scope and Application
The Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 3) amends the Superannuation (PSS) Membership Inclusion Declaration to modify the eligibility criteria for Public Sector Superannuation (PSS) membership for certain employees of the PSS Board, the Commonwealth Superannuation Scheme (CSS) Board, or both (referred to as the PSS/CSS Board). This amendment applies to permanent and temporary employees of the PSS/CSS Board, ensuring that permanent employees who were PSS members prior to their employment with the PSS/CSS Board continue their membership. It also allows permanent employees with a PSS deferred benefit to elect to join the PSS, as well as giving temporary employees the option to join the PSS for the duration of their employment. PSS membership for these employees will terminate if they cease to be employed by the PSS/CSS Board or if they join an alternative superannuation scheme. This Declaration, a statutory rule, comes into effect upon gazettal and modifies the Principal Declaration under the Superannuation Act 1990.
Key Provisions
The Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 3) (the Declaration) amends the existing Superannuation (PSS) Membership Inclusion Declaration (the Principal Declaration) under the Superannuation Act 1990 (the 1990 Act). This amendment serves to adjust the membership criteria for the Public Sector Superannuation Scheme (PSS) to include certain employees of the PSS Board and the CSS Board. The primary operative sections of the Declaration include Clause 1, which names the Declaration, Clause 2, which sets the commencement date as the date of gazettal, and Clause 3, which amends the Principal Declaration through Schedule 1. This amendment ensures that permanent employees who were previously PSS members remain in the scheme and allows new permanent employees of the PSS/CSS Board to join the PSS. It also enables temporary employees of the PSS/CSS Board to elect membership in the PSS, and it specifies the circumstances under which membership will cease.
The Declaration imposes specific obligations and requirements on the entities it governs. For instance, it ensures that permanent employees of the PSS/CSS Board who were previously PSS members maintain their membership status. Additionally, it allows permanent employees and temporary employees of the PSS/CSS Board who have a PSS deferred benefit to elect membership in the PSS. The Declaration also stipulates that membership will cease if an employee leaves their position with the PSS/CSS Board or if they join an alternative superannuation scheme. This ensures that the membership criteria are adhered to and that only eligible individuals are part of the PSS.
The Superannuation Act 1990 outlines the potential consequences for non-compliance with the provisions of the Declaration. While the text does not specify maximum penalties, it is implied that breaches of the Declaration could lead to legal ramifications. These could include civil or criminal penalties, depending on the nature and severity of the breach. For instance, if an employee is incorrectly included or excluded from the PSS membership, it could lead to disputes regarding superannuation entitlements, which might require judicial intervention to resolve. It is important for the PSS/CSS Board and its employees to understand and comply with the Declaration to avoid such consequences.