Overview

The Superannuation Act 1990, enacted by the Parliament of Australia, governs the Public Sector Superannuation Scheme (PSS), which provides superannuation benefits for Australian Government employees and certain other individuals. This Act was introduced to address the need for a comprehensive superannuation scheme for public sector employees. The Superannuation (PSS) Membership Exclusion Amendment Declaration 2007 (No. 1) was subsequently introduced to amend the Superannuation (PSS) Membership Exclusion Declaration 1995. This amendment specifically excludes certain Mersey Hospital APS Employees from membership in the PSS, except for those who were already PSS members prior to their employment at the hospital. This legislative instrument, issued by the Minister for Finance and Administration, aims to clarify and refine the membership criteria of the PSS, ensuring that the scheme's provisions are accurately applied to specific categories of employees. The amendment is subject to disallowance but not sunsetting, and it comes into effect on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Superannuation Act 1990, governing the Public Sector Superannuation Scheme (PSS) for Australian Government employees and certain other individuals, includes provisions that specify who can be a member of the PSS. The Act allows the Minister to declare certain persons not to be PSS members, a power exercised through the Superannuation (PSS) Membership Exclusion Declaration 1995. This declaration has been amended by the Superannuation (PSS) Membership Exclusion Amendment Declaration 2007 (No. 1), which specifically excludes certain Mersey Hospital APS Employees from PSS membership unless they were already PSS members prior to their employment. The Amending Declaration, a legislative instrument, is subject to disallowance but not sunsetting, and it commenced on the day following its registration. The amendment was developed in consultation with the Department of Health and Ageing, reflecting the specific employment context of the individuals in question.

Key Provisions

The Superannuation (PSS) Membership Exclusion Amendment Declaration 2007 (No. 1) (Section 3) amends the Superannuation (PSS) Membership Exclusion Declaration 1995 by adding a new item to the Schedule. This new item 43 excludes Mersey Hospital APS Employees from membership in the Public Sector Superannuation Scheme (PSS), unless they were already members of the PSS before becoming such employees. This amendment ensures that individuals who are PSS members due to their specific employment can retain their membership if they transition to become APS employees at the Mersey Hospital in Tasmania. Under the Act, specific obligations are placed on APS employees of the Department of Health and Ageing who are assigned duties at the Mersey Hospital. These employees are excluded from PSS membership unless they were already PSS members prior to their employment at the hospital. This requirement ensures that only those who meet the criteria set by the declaration are eligible for PSS membership. Additionally, the declaration mandates that the Department of Health and Ageing consult with relevant parties, such as the Mersey Hospital, to ensure that the amendment aligns with the intended legislative objectives. Failure to comply with the provisions of the declaration could lead to significant legal consequences. While the declaration itself does not explicitly state penalties for non-compliance, breaches of the Act could result in civil or criminal penalties. For instance, non-compliance with superannuation laws can lead to fines and imprisonment under the Superannuation Industry (Supervision) Act 1993. The maximum penalties for contraventions of this Act can include fines of up to $22,200 for individuals and $111,000 for corporations, alongside potential imprisonment terms. Therefore, adherence to the declaration is crucial to avoid such severe repercussions.