Superannuation (CSS) Productivity Contribution (1999-2000) Declaration 1999 No. 95
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 95
Issued by the authority of the Delegate of the Minister for Finance and Administration
Superannuation Act 1976
Superannuation (CSS) Productivity Contribution (1999-2000) Declaration
The Superannuation Act 1976 (the Act) makes provision for, and in relation to, the Commonwealth Superannuation Scheme (CSS) which is an occupational superannuation scheme for Commonwealth employees and for certain other persons.
Part VIA of the Act comprising sections 110A to 110S provides for a funded productivity superannuation benefit for members of the scheme.
Section 110H of the Act requires the employer of a member of the scheme who does not pay productivity contributions in respect of the member to another scheme to pay fortnightly "productivity contributions" to the CSS. In accordance with section 110N of the Act the CSS Board must pay such contributions to the CSS Fund which is established by the Act.
The fortnightly rate of productivity contribution payable by an employer in relation to a member is set out in the Table in section 1 10C of the Act. This rate varies according to the member's salary. The intention is that the contribution rate be maintained at an average of 3% of salaries.
Section 110D provides that amounts of salary and contribution specified in the Table may be varied by a declaration by the Minister for Finance and Administration or his or her delegate in relation to a period specified in the declaration.
The Declaration contained in the Statutory Rule, and cited as "Superannuation (CSS) Productivity Contribution (1999-2000) Declaration", provides for increased amounts of salary and contribution to apply in relation to the period from 1 July 1999 to 30 June 2000.
In accordance with section 110G of the Act a declaration under section 110D is a Statutory Rule for the purposes of the Statutory Rules Publication Act 1903 and a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
The Declaration will operate on and from 1 July 1999.
Overview
The Superannuation (CSS) Productivity Contribution (1999-2000) Declaration 1999 No. 95 was enacted to address the need for adjusting the productivity contribution rates under the Commonwealth Superannuation Scheme (CSS) for the financial period 1 July 1999 to 30 June 2000. This legislation is a Statutory Rule issued under the authority of the Delegate of the Minister for Finance and Administration, in accordance with section 110D of the Superannuation Act 1976. The Act aims to facilitate the payment of productivity contributions by employers to the CSS for members who do not contribute to other schemes, ensuring these contributions are maintained at an average of 3% of salaries. The policy objective is to provide flexibility in the contribution rates to accommodate changes in salary levels and other economic factors during the specified period.
Scope and Application
The Superannuation (CSS) Productivity Contribution (1999-2000) Declaration 1999 No. 95 applies to the Commonwealth Superannuation Scheme (CSS), which is an occupational superannuation scheme designed for Commonwealth employees and certain other persons. The Act mandates that employers of scheme members who do not make productivity contributions to another scheme must pay fortnightly productivity contributions to the CSS. These contributions, set out in section 110C of the Act, are calculated as a percentage of the member's salary, with the intention of maintaining an average contribution rate of 3%. The Declaration, made pursuant to section 110D of the Act, adjusts the amounts of salary and contribution for the period from 1 July 1999 to 30 June 2000, and is a Statutory Rule under the Statutory Rules Publication Act 1903 and a disallowable instrument under the Acts Interpretation Act 1901. This instrument ensures that the productivity contributions remain aligned with the intended average rate, reflecting changes to salary levels during the specified period.
Key Provisions
The key provisions of the Superannuation (CSS) Productivity Contribution (1999-2000) Declaration, as part of the Superannuation Act 1976, primarily concern the productivity contributions employers must make to the Commonwealth Superannuation Scheme (CSS) for their employees. Section 110H of the Act mandates that employers of CSS members who do not contribute to another scheme must pay fortnightly productivity contributions to the CSS. The specific rate of these contributions is determined by the member's salary, as outlined in the Table in section 110C, aiming for an average of 3% of salaries. Section 110D of the Act allows for adjustments to the specified salary and contribution amounts through a declaration by the Minister for Finance and Administration or their delegate for a specified period. This particular Statutory Rule, referred to as the "Superannuation (CSS) Productivity Contribution (1999-2000) Declaration," sets increased salary and contribution amounts applicable from 1 July 1999 to 30 June 2000.
The Declaration imposes specific obligations on employers of CSS members, requiring them to pay the stipulated productivity contributions as per the rates set out in the Declaration. This involves calculating the contributions based on the employees' salaries and ensuring they are remitted fortnightly to the CSS Fund, as mandated by section 110N of the Act. The CSS Board is responsible for managing these contributions once they are paid by the employers. The Act also mandates that the contribution rate should maintain an average of 3% of salaries, ensuring the scheme's financial sustainability and its ability to provide benefits to members.
Non-compliance with the requirements set out in the Superannuation Act 1976 and the Superannuation (CSS) Productivity Contribution (1999-2000) Declaration can lead to various consequences. Although specific offences and penalties are not detailed within the provided text, the Act generally allows for enforcement actions against employers who fail to make the required productivity contributions. These actions could include fines or other penalties under the legislative framework governing the Act. The Statutory Rule, being a disallowable instrument under the Acts Interpretation Act 1901, also means it can be subject to disallowance by Parliament, further enforcing compliance among the governed parties.