Superannuation (CSS) Productivity Contribution (2009-2010) Declaration 2009 - Explanatory Statement
1 Name of Determination
This declaration is the Superannuation (CSS) Productivity Contribution
(2009-2010) Declaration 2009.
2 Commencement
This declaration shall take effect from and including 1 July 2009.
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 Australian Reward Investment Alliance (ARIA) 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 ARIA in relation to a period specified in the declaration. ARIA 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 ARIA.
5 New Productivity Contribution Rates
The new productivity contribution rates to apply with effect from 1 July 2009 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 (2009-2010) Declaration 2009 was enacted to address the need for setting new productivity contribution rates for the Commonwealth Superannuation Scheme (CSS) for the financial year 2009-2010. This legislation was introduced to provide a framework for calculating the fortnightly productivity contributions payable by employers to the CSS, ensuring these contributions remain at an average rate of 3% of salaries, as stipulated under the Superannuation Act 1976. The declaration was issued by the Australian Reward Investment Alliance (ARIA) under the authority delegated to relevant officers in Commonwealth Superannuation Administration, and it took effect from 1 July 2009. The primary purpose of this legislation is to facilitate the smooth administration of productivity contributions within the scheme, ensuring compliance with the statutory requirements and maintaining the financial stability of the CSS.
Scope and Application
The Superannuation (CSS) Productivity Contribution (2009-2010) Declaration 2009 applies to employers of members in the Commonwealth Superannuation Scheme (CSS), an occupational superannuation scheme for Commonwealth employees and certain other persons, as defined under the Superannuation Act 1976. This Declaration is concerned with setting the productivity contribution rates for employers of CSS members, ensuring that these rates are maintained at an average of 3% of salaries. The declaration, which took effect from 1 July 2009, is made by the Australian Reward Investment Alliance (ARIA) under the authority delegated by the Superannuation Act. It operates by amending the fortnightly contribution rates specified in the Table in section 110C of the Act, which are varied according to the member's salary. This legislative instrument does not extend beyond the internal machinery of Government and thus did not require consultation with external parties.
Key Provisions
The Superannuation (CSS) Productivity Contribution (2009-2010) Declaration 2009 (sections 3-5) specifies the rates at which productivity contributions must be paid by employers to the Commonwealth Superannuation Scheme (CSS) for the period starting 1 July 2009. This declaration is made under the authority of the Superannuation Act 1976 (section 110D) and it details how much employers are required to contribute fortnightly for each member based on their salary (section 110C). These contributions are intended to maintain an average contribution rate of 3% of salaries (section 110H). The Australian Reward Investment Alliance (ARIA) is responsible for determining these rates and making the necessary payments to the CSS Fund (section 110N).
The obligations imposed by this declaration are primarily on employers of members of the CSS, who must ensure that they are paying the correct productivity contributions as specified in the declaration. These contributions are calculated according to the salary brackets outlined in the declaration (section 110C). Employers must make these contributions fortnightly to the CSS Fund through the designated authority, which in this case is ARIA (section 110N). The declaration also places a responsibility on ARIA to periodically review and adjust the contribution rates as necessary, ensuring they reflect the intended average rate of 3% of salaries (section 110D).
There are no specific offences, penalties, or consequences outlined in the declaration for failure to comply with the productivity contribution requirements. However, non-compliance with the Superannuation Act 1976 could potentially lead to legal repercussions. The Act itself includes provisions for penalties, fines, and other civil or criminal consequences for breaches, although the specifics of these penalties are not detailed within the declaration. Employers and ARIA must adhere to the declared rates to avoid any legal issues stemming from non-compliance with the broader legislative framework.