Superannuation (Productivity Benefit) Alternative Arrangements Declaration No.
7 1998 No. 169
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 169
SUPERANNUATION (PRODUCTIVITY BENEFIT) ACT 1988
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE AND ADMINISTRATION
DECLARATION UNDER SUBSECTIONS 4A(1) AND (2)
The Superannuation (Productivity Benefit) Act 1988 (the PB Act) provides the mechanism by which the minimum level of employer superannuation contribution is made available to Commonwealth sector employees (and certain other employees) who have no other employer-sponsored superannuation cover. Such persons are referred to as "qualified employees" for the purposes of the PB Act.
On 1 July 1994, before the separation of the ACT Government Service from the Australian Public Service (since renamed the ACT Public Service), most Government employees were provided for under the PB Act by virtue of their employment under the Commonwealth Public Service Act. However, employees of the Australian Capital Territory Totalisator Administration Board (ACTTAB) were not previously covered by these arrangements and ACTTAB had its own superannuation fund for its non-permanent staff.
Subsections 4A(1) and (2) of the PB Act provide that the Minister for Finance and Administration may declare a specified class of qualified employees to be a class of employees who are neither fund employees nor interim arrangement employees and that specified arrangements about superannuation apply to such a class.
On 30 June 1994, the Minister for Finance of the day, the Hon Kim. Christian Beazley, signed a declaration under subsection 4A(1) and (2) (the Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 7), which provided that from 1 July 1994, non-permanent staff of ACTTAB, who were employed by that agency immediately before that day, and who continued to be employed by that agency after being transferred to the ACT Government Service would have specific superannuation arrangements apply to them.
This instrument was intended to provide transferred employees with the option to make a written election to cease to be a member of the ACTTAB Limited Staff Superannuation Plan and join either the Australian Government Employees Superannuation Trust (AGEST), the "nominated fund" or one of the other "approved funds" under the Act. However, although this instrument was taken to be effective and acted upon as if it were, it was never published in the Australian Government Gazette or tabled in Parliament in accordance with the requirements of section 48 of the Acts Interpretation Act 1901, and therefore, was not in fact a legal instrument.
This Declaration, pursuant to subsection 4A(1) and (2) of the Act and cited as the Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 7, remakes the Declaration to make good the intention of that earlier unpublished declaration in every respect.
The Declaration commenced retrospectively from 1 July 1994, the day the ACT Government Service separated from the Commonwealth. It ceased to be effective on 30 June 1996 when ACTTAB became corporatised. Because its employees ceased their employment with the ACT Public Service on that day, they ceased to be in the class of persons to whom the declaration applies.
The retrospective effect of this declaration does not effect in a prejudicial manner the rights of any person other than the Commonwealth.