Superannuation (PSS) Maximum Benefits (2012-2013) Determination 2012

Administered by Department of Finance

Legislation au F2012L01319 In force Legislative Instrument

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Superannuation (PSS) Maximum Benefits

(2012-2013) Determination 2012

Explanatory Statement

 

1 Name of Determination

 This determination is the Superannuation (PSS) Maximum Benefits
(2012-2013) Determination 2012.

 

2 Commencement

 

 This determination takes effect on 1 July 2012.

 

3                          Purpose

 

 The purpose of the determination is to set new maximum benefits for the               Public Sector Superannuation (PSS) scheme to apply for the financial year               beginning on 1 July 2012.

 

4 Background

 

Establishment of the PSS Scheme

 

The PSS scheme is established by the Superannuation Act 1990, a Trust Deed and Rules.

 

 The PSS Rules were renumbered with effect from 1 July 1995, as a result of amendments made by the Ninth Amending Trust Deed.

 

 The PSS Rules were amended by the Twenty-Eighth Amending Trust Deed executed in 2007 by the deletion of a “B” before each rule with effect from 29 June 2007.

 

 Maximum Benefits

 

The PSS Rules contain specific rules specifying maximum benefits for scheme members and employees of the Australian Federal Police (AFP). 

 

The lump sum and pension maximum benefits for AFP employees who are PSS members are designed to take into account a special superannuation entitlement paid by the AFP.  The maximum benefits for these members place a limit on the combined AFP special benefit and the PSS benefit. 

 

The maximum benefits also place a cap on the employer cost of the PSS. 

 

 

 

 

 

 

Relevant Rules

 

 Under the renumbered PSS Rules that came into effect on 1 July 1995, rules 5.6.1, 5.7.1 and 5.7.2 set out the Table of Maximum Benefits Rates. 

 

In particular, the rules dealt with the following:

 

  • rule 5.6.1 – maximum lump sum benefits for members;
  • rule 5.7.1 – maximum lump sum benefits for AFP employees; and
  • rule 5.7.2 – maximum pension benefits for AFP employees.

 

The amounts in the tables in rules 5.6.1 and 5.7.1 are the same. 

 

Each rule sets out a table containing the maximum benefits to apply from     1 July 1995 until amended. 

 

Power to Amend Maximum Benefits

 

Pursuant to rules 5.6.5 and 5.7.7 the Commonwealth Superannuation Corporation (CSC) is empowered to determine maximum benefits for the purposes of the PSS scheme, with effect from 1 July 1995 each year:

 

  • under rule 5.6.5 CSC has the power to determine the amounts to be substituted into the Table - Maximum Benefits in rule 5.6.1. 

 

  • under rule 5.7.7 CSC has the power to determine the amounts to be substituted into the Table - AFP Preliminary Maximum Benefits - Lump Sums in rule 5.7.1 and the Table - AFP Preliminary Maximum Benefits - Pensions in rule 5.7.2. 

 

Delegation

 

CSC has delegated its power under rules 5.6.5 and 5.7.7 to relevant officers of the scheme administrator, Commonwealth Superannuation Administration (ComSuper).

 

Maximum Benefits in the Period 1 July 1996 - 30 June 2005

 

In the period from 1 July 1996 to 30 July 2005, the amounts set out in the tables in rules 5.6.1, 5.7.1 and 5.7.2 were replaced on 1 July each year, pursuant to the PSS (Maximum Benefits) Determination No. 1, which was amended each year.  That Determination was revoked on 1 July 2005 by the Superannuation (PSS) Maximum Benefits (2005-2006) Determination 2005 which set out the maximum benefits for the financial year commencing on 1 July 2005.

 

Maximum Benefits in the Period from 1 July 2005 – 31 December 2007

 

Maximum benefits in the period from 1 July 2005 to 31 December 2007 are set out in annual determinations that apply for the financial year commencing on 1 July each year.
 


Maximum Benefits in the Period from 1 January 2008 – 30 June 2008

The Twenty-Ninth Amending Trust Deed inserts new maximum benefit tables into rules 5.6.1, 5.7.1 and 5.7.2 of the PSS Rules, to apply with effect from 1 January 2008 until 30 June 2008.

 

The Twenty-Ninth Amending Trust Deed also amends rules 5.6.5 and 5.7.7 of the PSS Rules.

 

Maximum Benefits in the Period from 1 July 2008
 

Under new rules 5.6.5 and 5.7.7, the maximum benefits set out in rules 5.6.1, 5.7.1 and 5.7.2 are amended by determination. The Superannuation (PSS) Maximum Benefits (2008-2009) Determination 2008 amends the tables contained in rules 5.6.1, 5.7.1 and 5.7.2 for the financial year commencing on 1 July 2008.

 

5  New Maximum Benefits

 

 The new maximum benefits that apply with effect from 1 July 2012 are  

 set out in the determination.

 

6 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.

 

7    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 (PSS) Maximum Benefits (2012-2013) Determination 2012 was enacted to set new maximum benefits for the Public Sector Superannuation (PSS) scheme applicable from the 2012-2013 financial year, starting on 1 July 2012. This Determination was established by the Commonwealth Superannuation Corporation (CSC), which has the authority to set these maximum benefits under rules 5.6.5 and 5.7.7 of the PSS Rules. The purpose of the Determination is to ensure that the maximum benefits for PSS members, including employees of the Australian Federal Police, are updated annually in accordance with the scheme’s requirements. By setting these limits, the Determination aims to control the financial exposure of the employer while providing a cap on the benefits available to scheme members. The policy objective aligns with the need to maintain the sustainability and integrity of the PSS scheme.

Scope and Application

The Superannuation (PSS) Maximum Benefits (2012-2013) Determination 2012 applies to the Public Sector Superannuation (PSS) scheme, which is established by the Superannuation Act 1990. It sets new maximum benefits for the PSS scheme to apply for the financial year beginning on 1 July 2012. The determination applies to members of the PSS scheme, including employees of the Australian Federal Police (AFP), and is administered by the Commonwealth Superannuation Administration (ComSuper), which has been delegated the power to determine these maximum benefits. The determination specifies the maximum lump sum and pension benefits for members, taking into account any special superannuation entitlements paid by the AFP. The PSS scheme operates nationally, affecting public sector employees across Australia. There are no stated exclusions or exemptions in this determination, and it does not extend or restrict application through subordinate instruments. The new maximum benefits that apply from 1 July 2012 are detailed in the determination itself.

Key Provisions

The Superannuation (PSS) Maximum Benefits (2012-2013) Determination 2012, which took effect on 1 July 2012, sets new maximum benefits for the Public Sector Superannuation (PSS) scheme for the financial year beginning on that date. This Determination, under the authority of the Superannuation Act 1990, renumbered PSS Rules, and subsequent amending Trust Deeds, outlines the maximum lump sum and pension benefits for PSS scheme members, including employees of the Australian Federal Police (AFP). It is particularly relevant to AFP employees as it caps their combined AFP special benefit and PSS benefit, and places a limit on the employer cost of the PSS. This legislation imposes specific obligations on the Commonwealth Superannuation Corporation (CSC), now known as the Australian Reward Investment Alliance (ARIA), to determine the maximum benefits for the PSS scheme annually. The CSC has delegated this power to relevant officers of the scheme administrator, ComSuper. The Determination specifies the maximum benefits for the financial year 2012-2013, replacing the previous year's maximums and reflecting changes in the PSS Rules and Trust Deeds. In the event of a breach of the provisions outlined in this Determination, there are no specific criminal or civil penalties detailed within the document itself. However, the maximum benefits set by the Determination are legally binding, and any non-compliance by ComSuper or the scheme members could result in financial implications such as incorrect benefit calculations, which could lead to disputes or legal actions. The primary consequence of non-compliance would be the financial misallocation of superannuation benefits, rather than punitive penalties.

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Superannuation Law
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Commencement Provisions
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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.