Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No. 2) 1999 No. 277
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 277
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 (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 Principal Declaration is being amended as a consequence of changes in the employment framework for the Australian Public Service that will take effect upon the commencement of the Public Service Act 1999 (the PSA 1999) which replaces the Public Service Act 1922 (the PSA 1922) and the associated Public Employment (Consequential and Transitional) Amendment Act 1999 (the PE(CT)A Act).
Persons employed under the PSA 1922 are described as officers or employees. Officers are PSS members because of paragraph 6(1)(a) of the 1990 Act. Employees are included in the definition of "temporary employee" in section 3 of the 1990 Act and have options to join the PSS in certain circumstances.
The PE(CT)A Act amends the definition of or permanent employee and temporary employee in the 1990 Act to remove the references to Officer and employee. The amended definition of permanent employee includes persons employed by the Commonwealth in a permanent capacity. The amended definition covers all officers as well as some employees who are in continuing employment and are temporary employees for the purposes of the 1990 Act and have not exercised an option to join the PSS. As a consequence, some persons who are temporary employees for the , purposes of the 1990 Act will become permanent employees for the purposes of the 1990 Act. Permanent employees are automatically PSS members unless they are included in a class of persons in the Principal Declaration to whom section 6 of the 1990 Act does not apply.
The Declaration provides that persons who are employees for the purposes of the PSA 1922 and are in continuing employment and have an option to join the PSS do not automatically become PSS members on the commencement of the PSA 1999, but continue to have an option to do so in certain circumstances.
The Declaration does not adversely affect members' benefits or rights.
Details of the amendment are explained in the Attachment. The Declaration commences on the commencement of the PSA 1999.
SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION AMENDMENT DECLARATION 1999 (NO. 2)
Clause 1
1. This clause provides that the name of the Declaration is the Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No. 2).
Clause 2
2. This clause provides that the declaration commences on the commencement of the Public Service Act 1999.
Clause 3
2. This clause provides that Schedule 1 amends the Superannuation (PSS) Membership Exclusion Declaration (the Principal Declaration).
Schedule 1
Item 1 changes the name of the Principal Declaration to the Superannuation (PSS) Membership Exclusion Declaration 1995
Item 2 inserts item 39 into the Schedule to the Principal Declaration. The inserted item describes a class of persons who are not PSS members. The class of persons comprises persons who were not PSS members immediately before the commencement of the PSA 1999 and became permanent employees for the purposes of the 1990 Act upon the commencement of the PSA 1999 and have not elected to be treated as PSS members.
The inserted item ensures that a temporary employee for the purposes of the 1990 Act who had an option to join the PSS immediately before the commencement of the PSA 1999 does not automatically become a PSS member. A person contained in this class of persons retains the option to join the PSS while he or she continues to be an Australian Public Service employee. The option may be exercised by making an election in writing to become a PSS member
Overview
The Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No. 2) was enacted to address changes in the Australian Public Service employment framework resulting from the Public Service Act 1999 (PSA 1999), which replaced the Public Service Act 1922 (PSA 1922) and the associated Public Employment (Consequential and Transitional) Amendment Act 1999 (PE(CT)A Act). This legislation aims to ensure that the transition to the new employment framework does not automatically alter the membership status of certain employees in the Public Sector Superannuation Scheme (PSS). The declaration was issued by the Minister for Finance and Administration under the authority of the Superannuation Act 1990 (the 1990 Act) and amends the Superannuation (PSS) Membership Exclusion Declaration (the Principal Declaration) to reflect the new definitions of permanent and temporary employees under the 1990 Act. The policy objective is to maintain the existing superannuation membership options for employees transitioning under the new act, without adversely affecting their benefits or rights. The declaration ensures that certain employees, who were previously temporary employees under the PSA 1922, do not automatically become PSS members upon the commencement of the PSA 1999, but retain the option to join the PSS under certain conditions.
Scope and Application
The Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No. 2) applies to persons employed under the Public Service Act 1999 who were temporary employees under the Public Service Act 1922 and had an option to join the Public Sector Superannuation Scheme (PSS). Specifically, it targets those who transitioned to permanent employment under the new Act but did not automatically become PSS members. This amendment is designed to ensure that these individuals retain their pre-existing options regarding PSS membership. The Declaration is a Statutory Rule issued under the Superannuation Act 1990 and is effective from the commencement of the Public Service Act 1999. It excludes certain employees from automatic PSS membership, allowing them to make an informed decision about joining the scheme. The amendment does not affect the benefits or rights of existing PSS members. This Declaration is a specific measure to align with the changes in the Australian Public Service's employment framework brought about by the new Public Service Act 1999.
Key Provisions
The Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No. 2) makes key amendments to the Superannuation (PSS) Membership Exclusion Declaration, altering the classes of individuals who are excluded from automatic membership in the Public Sector Superannuation Scheme (PSS) under the Superannuation Act 1990 (1990 Act). Specifically, section 6 of the 1990 Act details the criteria for PSS membership, while the amendment declaration under paragraph 6(2)(c) excludes certain individuals from this membership (clause 3). This exclusion is consequential to the changes in the employment framework for the Australian Public Service, particularly the introduction of the Public Service Act 1999 (PSA 1999) which replaces the Public Service Act 1922 (PSA 1922) (clause 1). The amendment declaration ensures that certain employees who become permanent employees under the new Act do not automatically become PSS members, although they retain the option to join the scheme under certain circumstances (clause 3, schedule 1, item 2).
The obligations imposed by this amendment declaration include ensuring that certain employees, who would have been considered temporary employees under the previous Act, are not automatically enrolled in the PSS upon the commencement of the PSA 1999. This involves clarifying that these employees must make an active choice to join the PSS, rather than being automatically included (clause 3, schedule 1, item 2). The declaration also mandates that these employees continue to have the option to join the PSS, provided they remain employed under the PSA 1999 and meet any specified conditions for membership (clause 3, schedule 1, item 2).
The amendment declaration does not affect the benefits or rights of existing PSS members, ensuring that their entitlements remain unchanged (clause 3, schedule 1, item 2). However, any penalties or consequences for non-compliance with the declaration's requirements are not explicitly detailed in the provided text. Typically, under the Acts Interpretation Act 1901, a disallowable instrument such as this can be subject to disallowance by Parliament, and failure to comply with the declaration could potentially lead to civil or administrative penalties, although these are not specified in the current document. The precise legal and financial implications of non-compliance would depend on subsequent legislative actions and interpretations.