Superannuation (CSS) Productivity Contribution (2026-2027) Declaration 2026

Administered by Department of Finance

Legislation au F2026L00532 In force Legislative Instrument

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Superannuation (CSS) Productivity Contribution (2026-2027) Declaration 2026 Explanatory Statement

 

1 Name of Determination

 

This declaration is the Superannuation (CSS) Productivity Contribution (2026-2027) Declaration 2026.

 

2 Commencement

 

    This declaration shall take effect on 1 July 2026.

 

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 Commonwealth Superannuation Corporation (CSC) 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 CSC in relation to a period specified in the declaration. CSC 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 CSC.  

 

5 New Productivity Contribution Rates

 

The new productivity contribution rates to apply with effect from 1 July 2026 are set out in the declaration.

 

6 Sun setting Exemptions

 

The following provisions assert that the CSS Instrument is exempt from sunsetting:

 

(1) Section 54(2)(b) of the Legislation Act 2003 provides that “This Part [Sunsetting of legislative instruments] does not apply in relation to a legislative instrument if the legislative instrument is prescribed by regulation for the purposes of this paragraph”

 

(2) Regulation 11 (at Item 6 of the table) of the Legislation (Exemptions and Other Matters) Regulation 2015 specifies that “an Instrument (other than a regulation) relating to superannuation” is not subject to sunsetting. The CSS Instrument pertains to superannuation.

 

These two provisions together are the source of the exemption from sunsetting.

 

Justification as to why this exemption is relied upon:

 

The CSS Instruments are used by employers (Government and Government agencies) to determine the rate payable for a member’s productivity contribution for superannuation purposes. It is therefore important that each CSS instrument is exempt from sunsetting because the current and previous instruments are required from time to time to determine rates payable to admit new members retrospectively, to rectify errors and/or changes in salary etc.

 

 

 

7    References to CSC

 

Section 5 of the Governance of Australian Government Superannuation Schemes Act 2011 provides that “the board established by section 20 of the Superannuation Act 1990 as the Australian Reward Investment Alliance continues in existence by force of that section as a body corporate, under and subject to the provisions of this Act, under the name Commonwealth Superannuation Corporation (CSC)”.

 

In accordance with section 25B of the Acts Interpretation Act 1901, any reference to Australian Reward Investment Alliance (ARIA) in an instrument made prior to 1 July 2011 shall be construed as a reference to the CSC.


 

8    Consultation

 

As the instrument is for internal machinery of Government purposes only, no consultation was considered necessary with other persons (see sections 15J(2) and 17 of the Legislation Act 2003).

 

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

Overview

The Superannuation (CSS) Productivity Contribution (2026-2027) Declaration 2026, enacted under the authority of the Superannuation Act 1976, is designed to address the need for a structured and consistent method of calculating productivity contributions within the Commonwealth Superannuation Scheme (CSS). The primary purpose of this declaration is to set the fortnightly rate of productivity contributions for members of the CSS, ensuring these contributions remain at an average of 3% of the member's salary. This declaration is essential for maintaining the integrity and sustainability of the CSS, particularly in ensuring that employers and the Commonwealth Superannuation Corporation (CSC) adhere to the stipulated contribution rates. The declaration also includes provisions exempting the CSS Instrument from sunsetting, ensuring that past and current instruments remain valid for determining rates retrospectively, correcting errors, and accommodating changes in salary. This legislative instrument was developed by the Commonwealth Superannuation Administration, operating under the authority of the CSC, and is consistent with human rights as it does not engage any of the applicable rights or freedoms under international human rights instruments.

Scope and Application

The Superannuation (CSS) Productivity Contribution (2026-2027) Declaration 2026 applies to employers within the Commonwealth Superannuation Scheme (CSS), which includes Commonwealth employees and certain other persons. The declaration is issued under the Superannuation Act 1976, which provides for an occupational superannuation scheme. The declaration sets forth the fortnightly productivity contribution rates that employers must pay to the CSS, with the aim of maintaining these contributions at an average of 3% of salaries. The Commonwealth Superannuation Corporation (CSC) is responsible for setting these rates, and any changes are made by amending the Table in section 110C of the Act, with effect from 1 July each year. This declaration specifically sets the new rates effective from 1 July 2026. Additionally, the declaration is exempt from sunsetting provisions as it pertains to superannuation, ensuring that current and previous instruments remain relevant for retrospective admissions, error corrections, and salary changes. The declaration is jurisdictional in scope, applying within the Commonwealth as specified by the Superannuation Act 1976, and does not engage any of the applicable human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Superannuation (CSS) Productivity Contribution (2026-2027) Declaration 2026, as outlined in section 1, sets out the rules for productivity contributions in the Commonwealth Superannuation Scheme (CSS) for the financial year 2026-2027. This declaration, which comes into effect on 1 July 2026 as per section 2, serves to update the productivity contribution rates for members of the CSS, ensuring they align with the scheme's requirements as stipulated in the Superannuation Act 1976 (section 3). Section 4 of the Act mandates the payment of fortnightly productivity contributions by employers to the CSS Fund, managed by the Commonwealth Superannuation Corporation (CSC). These contributions are intended to maintain an average rate of 3% of the member's salary, with rates subject to annual amendments through declarations as provided in section 110D. The obligations under this declaration, as described in section 5, require employers of CSS members to pay the specified productivity contributions, which are detailed in the Table in section 110C of the Act. The CSC has the authority to vary these rates and amounts as necessary, delegating this power to relevant officers within the Commonwealth Superannuation Administration. The declaration ensures that these contributions are accurately reflected in the CSS Fund, as per the requirements in section 110N of the Act. Additionally, the declaration exempts the CSS Instrument from sunsetting, as detailed in section 6, ensuring that the instrument remains valid for determining rates payable for new and existing members, rectifying errors, and handling changes in salary. Section 7 of the declaration clarifies that any references to the Australian Reward Investment Alliance (ARIA) in previous instruments should be interpreted as referring to the Commonwealth Superannuation Corporation (CSC), in accordance with section 5 of the Governance of Australian Government Superannuation Schemes Act 2011. This ensures consistency in the interpretation and application of the legislation. Section 8 indicates that no consultation was necessary for this instrument, as it pertains to the internal machinery of government and does not affect the public, as per sections 15J(2) and 17 of the Legislation Act 2003. Finally, section 9 of the declaration confirms that the Legislative Instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Legal classification tags

Area of Law
Superannuation Law
Instrument
Declaration
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Extraterritorial Application
Catchwords
Productivity Contribution

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.