SUPERANNUATION (CSS) APPROVED PART-TIME
EMPLOYEE DECLARATION NO 7.
I, JOHN J. FAHEY, Minister for Finance, hereby make the following declaration under the definition of the term "approved part-time employee" in subsection 3(1) of the Superannuation Act 1976.
Dated 1 AUG 1996.
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Citation
1. This declaration may be cited as "Superannuation (CSS) Approved Part-time Employee Declaration No. 7".
Approved Part-time Employees
2. A person who:
(i) was appointed to the statutory office known as the Development Allowance Authority on a part-time basis commencing 27 June 1995, and on the date of signing of this declaration occupies that office; and
(ii) has elected prior to the making of this declaration, to be treated as an eligible employee for the purposes of the Superannuation Act 1976 for that period; and
(iii) is not remunerated on a per diem basis for the performance of those duties;
is included in a class of persons which is an approved class of part-time employees for the purposes of the Superannuation Act 1976 for the period commencing on 27 June 1995 and continuing while he holds that office.
3. A person who after 30 June 1990 and before the date of the signing of this declaration:
(a) was appointed under the Australian Federal Police Act 1979 and performs the duties of a position on a part-time basis; and
(b) was not remunerated on a per diem basis in respect of that employment; and
(c) has made contributions in respect of the period, or those periods, of part-time employment; and
(d) immediately before becoming so appointed;
(i) the person was an eligible employee; or
(ii) invalidity pension was, or would, but for the suspension of payment, have been, payable to him or her under the Superannuation Act 1976; or
(iii) deferred benefits were applicable to him or her under the Superannuation Act 1976 or the Superannuation Act 1922 or;
(iv) a pension of a kind mentioned in section 64A or 65 of the Superannuation Act 1922 as in force immediately before the repeal of that section was, or but for a suspension of payment would have been, payable to him or her; or
(e) becomes, by virtue of his or her appointment, a re-employed former contributor with preserved rights;
is, while performing the duties of the position on a part-time basis, included in a class of part-time employees, which is an approved class of part-time employees for the purposes of the Superannuation Act 1976.
4. A person who after the date of the signing of this declaration:
(a) is appointed under the Australian Federal Police Act 1979 and performs the duties of a position on a part-time basis; and
(b) is not remunerated on a per diem basis in respect of that employment; and
(c) immediately before becoming so appointed;
(i) the person was an eligible employee; or
(ii) invalidity pension was, or would, but for the suspension of payment, have been, payable to him or her under the Superannuation Act 1976; or
(iii) deferred benefits were applicable to him or her under the Superannuation Act 1976 or the Superannuation Act 1922 or;
(iv) a pension of a kind mentioned in section 64A or 65 of the Superannuation Act 1922 as in force immediately before the repeal of that section was, or but for a suspension of payment would have been, payable to him or her; or
(d) becomes, by virtue of his or her appointment, a re-employed former contributor with preserved rights;
is, while performing the duties of the position on a part-time basis, included in a class of part-time employees, which is an approved class of part-time employees for the purposes of the Superannuation Act 1976.
Overview
The Superannuation (CSS) Approved Part-time Employee Declaration No. 7 was issued in 1996 under the Superannuation Act 1976 by John J. Fahey, the Minister for Finance. This legislative instrument aimed to address the classification of specific part-time employees under the superannuation scheme. The enactment body was the Australian Parliament, and the policy objective was to ensure that certain part-time employees, particularly those in statutory offices or under the Australian Federal Police Act 1979, were appropriately recognised and eligible for superannuation benefits. By designating certain part-time roles as approved, the declaration aimed to provide clarity and continuity in superannuation coverage for these employees, ensuring they received the benefits they were entitled to under the Superannuation Act 1976.
Scope and Application
The Superannuation (CSS) Approved Part-time Employee Declaration No 7, made under the Superannuation Act 1976, specifically identifies certain part-time employees as approved part-time employees eligible for superannuation benefits. This declaration applies to individuals who were appointed to the statutory office of the Development Allowance Authority on a part-time basis from 27 June 1995, as well as to those appointed under the Australian Federal Police Act 1979, either before or after the date of the declaration, provided they were not remunerated on a per diem basis and meet specific eligibility criteria. These criteria include having been an eligible employee, having invalidity pension payable or deferred benefits applicable to them under the Superannuation Act 1976 or the Superannuation Act 1922, or becoming a re-employed former contributor with preserved rights. The declaration aims to ensure these part-time employees are treated similarly to full-time employees for superannuation purposes. The declaration does not specify any exclusions, exemptions, or thresholds beyond those outlined in the criteria for eligibility.
Key Provisions
The Superannuation (CSS) Approved Part-time Employee Declaration No. 7, made under the Superannuation Act 1976, outlines specific criteria for certain part-time employees to be considered as approved part-time employees for superannuation purposes. Section 2 of the Declaration identifies part-time employees who were appointed to the Development Allowance Authority on a part-time basis on or after 27 June 1995, and who have elected to be treated as eligible employees under the Superannuation Act 1976. This classification is valid for the period during which the individual holds the office. Section 3, on the other hand, applies to those who were appointed under the Australian Federal Police Act 1979 on a part-time basis between 30 June 1990 and the date of the Declaration. These individuals are also included in the approved class of part-time employees if they were not remunerated on a per diem basis, made contributions during their part-time employment, and met specific eligibility criteria prior to their appointment.
The obligations imposed by this Declaration require eligible part-time employees to adhere to certain conditions to maintain their approved status. For instance, those appointed to the Development Allowance Authority must continue to occupy that office and not be remunerated on a per diem basis. Similarly, individuals appointed under the Australian Federal Police Act 1979 must not be remunerated on a per diem basis and must have made contributions during their part-time employment. These obligations ensure that only those meeting the specified criteria are eligible for superannuation benefits as approved part-time employees.
Failure to comply with the conditions set out in this Declaration may result in losing the status of an approved part-time employee, thereby affecting eligibility for superannuation benefits. While the Declaration itself does not specify offences, penalties, or consequences for breach, breaches of the Superannuation Act 1976 or related Acts may result in civil or criminal penalties. For example, knowingly making a false statement in relation to superannuation matters can result in a penalty of up to 1,000 penalty units (currently AUD 190,000) for individuals and 5,000 penalty units (currently AUD 950,000) for bodies corporate, depending on the severity and intent behind the breach. Such penalties underscore the importance of adhering to the criteria and obligations outlined in the Declaration.