Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No. 3)

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Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No. 3) 1999 No. 299
 

EXPLANATORY STATEMENT

STATUTORY RULES 1999 No. 299

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 the establishment of the Australian Parliamentary Service (APS) that will occur upon the commencement of the Parliamentary Service Act 1999 (the Parl SA 1999) and the associated Public Employment (Consequential and Transitional) Amendment Act 1999 (the PE(CT)A Act). The persons who become Parliamentary Service employees upon the commencement of the Parl SA 1999 are persons who were employed under the Public Service Act 1922 (the PSA 1922) immediately before the commencement of Parl SA 1999.

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 PS S in certain circumstances.

The PE(CT)A Act amends the definitions of 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 employed under the PSA 1922 who are temporary employees for the purposes of the 1990 Act will become permanent employees for the purposes of the 1990 Act by virtue of employment by the Commonwealth under the Parl SA 1999. 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 Parl SA 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 Parl SA 1999.

SUPERANNUATION (PSS) MEMBERSHIP EXCLUSION AMENDMENT DECLARATION 1999 (NO. 3)

Clause 1

1. This clause provides that the name of the Declaration is the Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No. 3).

Clause 2

2. This clause provides that the declaration commences on the commencement of the Parliamentary 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 inserts item 40 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, immediately before the commencement of the Parl SA 1999 were employed under the PSA 1922 and were not PSS members and became permanent employees for the purposes of the 1990 Act upon the commencement of the Parl SA 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 PS S immediately before the commencement of the Parl SA 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 Parliamentary 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. 3) was introduced to address the transition of certain employees from the Public Service Act 1922 to the newly established Australian Parliamentary Service under the Parliamentary Service Act 1999. This amendment was necessary to ensure that the Public Sector Superannuation Scheme (PSS) membership rules were correctly applied to the new category of employees. The declaration was enacted by the Minister for Finance and Administration and it aims to clarify and maintain the integrity of the PSS membership criteria in light of the legislative changes. The policy objective of this amendment is to ensure that the PSS membership rules are consistently applied to all relevant employees, preventing automatic membership for those who were previously temporary employees with an option to join the PSS.

Scope and Application

The Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No. 3) amends the Superannuation (PSS) Membership Exclusion Declaration to address the transition of certain employees from the Public Service Act 1922 to the Australian Parliamentary Service under the Parliamentary Service Act 1999. The amendment ensures that these employees, who were previously temporary employees and had an option to join the Public Sector Superannuation Scheme (PSS), do not automatically become PSS members upon the establishment of the Australian Parliamentary Service. Instead, these employees retain the option to join the PSS by making a written election. The amendment applies to employees who were under the Public Service Act 1922 immediately before the commencement of the Parliamentary Service Act 1999 and who became permanent employees for the purposes of the Superannuation Act 1990, but have not elected to join the PSS. The amendment does not affect existing PSS members' benefits or rights. The Declaration operates under the authority of the Minister for Finance and Administration and is a Statutory Rule for the purposes of the Statutory Rules Publication Act 1903.

Key Provisions

The Superannuation (PSS) Membership Exclusion Amendment Declaration 1999 (No. 3) amends the Superannuation (PSS) Membership Exclusion Declaration, which is a statutory instrument under the Superannuation Act 1990 (the 1990 Act). This amendment is prompted by the establishment of the Australian Parliamentary Service (APS) pursuant to the Parliamentary Service Act 1999 (Parl SA 1999) and the Public Employment (Consequential and Transitional) Amendment Act 1999 (PE(CT)A Act). The amendment ensures that certain employees transitioning from the Public Service Act 1922 (PSA 1922) to the APS do not automatically become members of the Public Sector Superannuation Scheme (PSS) but retain the option to join the scheme under certain conditions. The amendment becomes effective on the commencement of the Parl SA 1999. Under the amendment, the Superannuation (PSS) Membership Exclusion Declaration (Principal Declaration) now includes a new class of persons who are not PSS members. This class comprises individuals who, immediately before the commencement of the Parl SA 1999, were employed under the PSA 1922 and were not PSS members. These individuals become permanent employees under the 1990 Act upon the commencement of the Parl SA 1999 and have not elected to be treated as PSS members. This amendment ensures that a temporary employee who had an option to join the PSS before the Parl SA 1999 does not automatically become a PSS member. However, they retain the option to join the PSS if they choose to do so by making a written election. The amendment imposes obligations on affected employees to ensure they are aware of their status and options regarding PSS membership. These employees must make a written election if they wish to join the PSS. The amendment also affects employers by requiring them to correctly identify employees who fall under the new exclusion criteria and ensure they are informed of their options. Employers must also manage the transition of these employees’ superannuation arrangements in accordance with the new rules. There are no specific offences, penalties, or civil/criminal consequences outlined in the amendment for failing to comply with the new rules. However, non-compliance could potentially lead to legal challenges regarding the correct application of the PSS membership rules. It is important for both employees and employers to adhere to the requirements to avoid any disputes or legal issues related to superannuation membership eligibility.

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