Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No. 1) 1999 No. 168
EXPLANATORY STATEMENT
Statutory Rules 1999 No. 168
Issued by the authority of the Minister for Finance and Administration
Superannuation Act 1990
Declaration under paragraph 6(2)(c)
The Superannuation Act 1990 (the 1990 Act) makes provision for and in relation to the Public Sector Superannuation Scheme (PSS) for Commonwealth employees and for certain other persons.
Section 6 of the 1990 Act specifies the persons who are, or who may be, members of the PSS. In accordance with paragraph 6(2)(c), a person declared by the Minister for Finance and Administration to be a person to whom section 6 does not apply is not a PSS member. Declarations made under paragraph 6(2)(c) are contained in the Superannuation (PSS) Membership Exclusion Declaration 1995 (the Principal Declaration).
Section 45 of the 1990 Act provides that a declaration made under paragraph 6(2)(c) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 and a Statutory Rule for the purposes of the Statutory Rules Publication Act 1903.
The purpose of this Declaration contained in the Statutory Rule and cited as the Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No. 1) is to amend the Principal Declaration as a consequence of amendments to the Superannuation (PSS) Membership Inclusion Declaration 1995 (the Inclusion Declaration). This Declaration removes provisions that would provide continuing membership of the PSS for persons who are transferred to the Australian Government Solicitor (AGS) and to whom the mobility provisions contained in the Public Service Act 1922 apply because continuing membership of the PSS is now provided for these persons by the Inclusion Declaration.
Details of the amendment are explained in the Attachment.
The Declaration commences on gazettal.
SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION AMENDMENT DECLARATION 1999 (NO. 1)
Clause 1
1. This clause provides that the name of the Declaration is the Superannuation (PSS) Membership Inclusion Amendment Declaration 1999 (No. 1).
Clause 2
2. This clause provides that the declaration commences on gazettal.
Clause 3
2. This clause provides that Schedule 1 amends the Superannuation (PSS) Membership Exclusion Declaration 1995 (the Principal Declaration).
Schedule 1
Item 1 omits subclause 4(3) which related to certain employees of AGS described in item 38 of the Schedule to the Principal Declaration.
Item 2 amends item 38 of the Schedule to the Principal Declaration to remove references to AGS.
Overview
The Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No. 1) was enacted to amend the Superannuation (PSS) Membership Exclusion Declaration 1995, which governs the exclusion of certain individuals from membership in the Public Sector Superannuation Scheme (PSS) as stipulated in the Superannuation Act 1990. This amendment was issued by the Minister for Finance and Administration to correct inconsistencies arising from changes made to the Superannuation (PSS) Membership Inclusion Declaration 1995, ensuring that the provisions for PSS membership remain coherent and effective. The overarching policy objective is to maintain clarity and precision in the application of the PSS membership rules, thereby addressing any gaps or ambiguities that could affect the scheme's administration. The Declaration is a statutory rule and, as such, it commences upon gazettal.
Scope and Application
The Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No. 1) is a legislative instrument that amends the Superannuation (PSS) Membership Exclusion Declaration 1995 by removing specific provisions related to employees of the Australian Government Solicitor (AGS) who are covered by the mobility provisions of the Public Service Act 1922. This amendment is a consequence of the changes introduced by the Superannuation (PSS) Membership Inclusion Declaration 1995. The purpose of this amendment is to ensure that the exclusions and inclusions within the Superannuation Act 1990 are consistent and accurately reflect the current membership criteria for the Public Sector Superannuation Scheme (PSS). The amendment applies to persons who are or may be members of the PSS and specifically excludes certain employees of the AGS from PSS membership, as their continued membership is now addressed under the Inclusion Declaration. The amendment is effective from the date of its gazettal and operates within the Commonwealth jurisdiction.
Key Provisions
The Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No. 1) (Clause 1) amends the Superannuation (PSS) Membership Exclusion Declaration 1995 by removing certain provisions relating to the Public Sector Superannuation Scheme (PSS) membership for specific employees (Clause 3). This amendment follows changes in the Superannuation (PSS) Membership Inclusion Declaration 1995, which now provides for the continued membership of PSS for certain employees, including those transferred to the Australian Government Solicitor (AGS) (Clause 3, Item 1). The Declaration (Clause 2) commences upon gazettal, meaning it takes effect from the date it is published in the Commonwealth Gazette (Clause 2). This amendment is specifically designed to ensure that the provisions governing PSS membership are consistent with the updated inclusion criteria (Clause 3, Item 2).
Under this Declaration, the Minister for Finance and Administration is required to exclude certain individuals from PSS membership, as detailed in the amended Principal Declaration (Section 6). The Declaration specifies that the amendments are a result of changes in the Inclusion Declaration, ensuring that the membership rules are up-to-date and aligned with the current legislative framework (Clause 3). The obligations of the parties governed by this Act include adhering to the updated membership criteria as set out in the Inclusion and Exclusion Declarations. Specifically, employees affected by these Declarations must ensure that their PSS membership is in compliance with the current legislative provisions.
Violations of the provisions outlined in the Superannuation Act 1990 can lead to significant consequences. The Declaration is a disallowable instrument under Section 45, meaning that Parliament can annul it, and it is also a Statutory Rule under the Statutory Rules Publication Act 1903. Failure to comply with the requirements of the Act can result in administrative penalties or legal action. While specific penalties are not detailed in the text, breaches of superannuation laws can lead to substantial fines and legal repercussions for both individuals and employers, underscoring the importance of adhering to the legislative requirements.