Superannuation (CSS) Productivity Contribution (2006-2007) Declaration 2006 - Explanatory Statement
1 Name of Determination
This declaration is the Superannuation (CSS) Productivity Contribution (2006-2007) Declaration 2006.
2 Commencement
This declaration shall take effect from and including 1 July 2006.
3 Background
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.
4 Purpose and operation of instrument
The fortnightly rate of productivity contribution payable by an employer in relation to a member is set out in the Table in section 110C 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 CSS Board in relation to a period specified in the declaration. The Board has delegated this power to relevant officers in Commonwealth Superannuation Administration.
The Table set out in section 110C is amended with effect from 1 July each year by a Declaration by the CSS Board.
5 New Productivity Contribution Rates
The new productivity contribution rates to apply with effect from 1 July 2006 are set out in the declaration.
6 Consultation
As the instrument is for internal machinery of Government purposes only,
no consultation was considered necessary with other persons (see sections
17 and 18 of the Legislative Instruments Act 2003).
Overview
The Superannuation (CSS) Productivity Contribution (2006-2007) Declaration 2006 was enacted to address the need for maintaining productivity contributions within the Commonwealth Superannuation Scheme (CSS) as stipulated by the Superannuation Act 1976. The declaration, which took effect from 1 July 2006, was made by the CSS Board under the authority of the Superannuation Act and pursuant to the Legislative Instruments Act 2003. The primary objective of this instrument is to establish and update the fortnightly productivity contribution rates for CSS members, ensuring these contributions are paid to the CSS Fund and are consistent with the policy of maintaining an average contribution rate of 3% of salaries. This legislative instrument facilitates the annual adjustment of contribution rates in alignment with changes in salary levels, thereby supporting the ongoing funding of productivity benefits within the scheme.
Scope and Application
This declaration pertains to the Superannuation (CSS) Productivity Contribution (2006-2007) and is applicable to the Commonwealth Superannuation Scheme (CSS), which provides occupational superannuation for Commonwealth employees and certain other persons. The declaration outlines the productivity contribution rates that employers must pay on behalf of their employees to the CSS Fund, as established under the Superannuation Act 1976. These rates are intended to maintain an average contribution of 3% of the employee's salary and are adjusted annually, effective from 1 July each year. The CSS Board has the authority to vary these rates through a declaration, and this power has been delegated to relevant officers within the Commonwealth Superannuation Administration. The declaration applies across the Commonwealth and is instrumental in regulating the internal machinery of government as it pertains to superannuation contributions. As the instrument is designated for internal government use, consultation with external parties was not deemed necessary.
Key Provisions
The Superannuation (CSS) Productivity Contribution (2006-2007) Declaration 2006 provides the details for the productivity contributions payable by employers to the Commonwealth Superannuation Scheme (CSS). These contributions are required by section 110H of the Superannuation Act 1976 and are intended to fund a productivity benefit for CSS members. The declaration specifies the rates at which these contributions must be made, with the intention of maintaining an average contribution rate of 3% of members' salaries.
The declaration sets out the specific rates for the productivity contributions, which vary according to the members' salary levels. These rates are determined by the CSS Board and are updated annually, with the new rates taking effect from 1 July each year. The Board has delegated the power to make these declarations to relevant officers within the Commonwealth Superannuation Administration. Section 110D of the Act allows for these rates to be varied by a declaration, ensuring that the scheme remains financially viable and can meet its obligations to members.
The declaration imposes obligations on employers who are members of the CSS. These employers must ensure that they make the required productivity contributions to the scheme in accordance with the rates specified in the declaration. This obligation is in place to ensure that the CSS can provide the intended benefits to its members and to maintain the integrity of the scheme. Employers must calculate the contributions based on the relevant salary bands and remit these contributions fortnightly to the CSS Fund, as required by section 110N of the Act.
Failure to comply with the requirements of the declaration can result in legal consequences. While the specific penalties are not detailed within the declaration, breaches of the Superannuation Act 1976 or the regulations made under it can lead to both civil and criminal penalties. For example, employers who fail to make the required contributions may be subject to enforcement actions, fines, or other penalties as prescribed by the Act. Additionally, individuals who intentionally contravene the Act may face criminal charges, which could result in significant penalties if convicted. The exact nature and severity of these penalties are defined within the broader legislative framework of the Superannuation Act 1976.