Superannuation (PSS) Membership Exclusion Declaration No. 11 1994 No. 400
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 400
Issued by the authority of the Minister for Finance
Superannuation Act 1990
Declaration under paragraph 6(2)(c)
The Superannuation Act 1990 (the 1990 Act) makes provision for and in relation to an occupational superannuation scheme, known as the Public Sector Superannuation (PSS) scheme. The PSS is the main superannuation scheme for Commonwealth employees.
Section 6 of the 1990 Act specifies those persons who may be members of the PSS scheme. In accordance with paragraph 6(2)(c), a person declared by the Minister for Finance to be a person to whom section 6 does not apply, is not a member of the scheme. Declarations made under paragraph 6(2)(c) of the 1990 Act are cited as Superannuation (PSS) Membership Exclusion Declarations.
The Superannuation (PSS) Membership Exclusion Declaration No. 4 (the Principal Declaration), provides that section 6 of the Act does not apply to classes of persons described in the Schedule to that declaration. Persons included in such classes may not be members of the PSS scheme.
The Declaration, contained in the Statutory Rules and cited as "Superannuation (PSS) Membership Exclusion Declaration No. 11", amends the Principal Declaration by omitting item 5 of the Schedule. Item 5 relates to certain persons employed as staff of the Legal Aid Commission (ACT) under section 63 of the Legal Aid Act 1977 of the Australian Capital Territory. This item has been removed because there are no longer any members of the class of persons described in that item who are to be excluded from membership of the PSS scheme.
In addition, the Declaration also amends the Principal Declaration by omitting the reference to the Australian Telecommunications Corporation Act 1989 (the ATC Act) in item 21 of the Schedule. Item 21 contains a list of Acts under which persons who hold a statutory office are excluded from the PS S scheme. The ATC Act provided for statutory office holders but was repealed (by section 24 of the Telecommunications (Transitional Provisions and Consequential Amendment) Act 1991) and replaced by the Australian Overseas Telecommunications Corporation Act 1991 (the AOTC Act). The AOTC Act does not provide for statutory office holders, therefore the reference to the ATC Act in the Principal Declarations is of no further application.
Both the amendments are of a housekeeping nature and do not affect any person's membership or benefits provided by the PSS scheme.
Section 45 of the Act provides that such a declaration is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 and a Statutory Rule for the purposes of Statutory Rules Publication Act 1903.
The Declaration operates with effect from the date of gazettal.
Overview
The Superannuation (PSS) Membership Exclusion Declaration No. 11, issued in 1994, was enacted to amend the Superannuation (PSS) Membership Exclusion Declaration No. 4, which is part of the Superannuation Act 1990. This legislation aims to clarify and update the exclusion criteria for membership in the Public Sector Superannuation (PSS) scheme, which is the primary superannuation scheme for Commonwealth employees. The 1990 Act, enacted by the Parliament of Australia, establishes the PSS scheme and specifies the individuals eligible for membership. The explanatory statement for the Statutory Rules indicates that the 1994 Declaration removes outdated exclusions that no longer apply, such as those related to certain staff of the Legal Aid Commission (ACT) and the repealed Australian Telecommunications Corporation Act 1989. These changes are administrative and do not impact current members' rights or benefits under the PSS scheme. The Declaration was issued under the authority of the Minister for Finance and is subject to disallowance under the Acts Interpretation Act 1901 and the Statutory Rules Publication Act 1903.
Scope and Application
The Superannuation (PSS) Membership Exclusion Declaration No. 11 pertains to the exclusion of certain individuals from membership of the Public Sector Superannuation (PSS) scheme, which is the primary superannuation scheme for Commonwealth employees under the Superannuation Act 1990. This Declaration, issued by the Minister for Finance, specifically amends the Principal Declaration by excluding the class of persons employed under section 63 of the Legal Aid Act 1977 of the Australian Capital Territory and removing the reference to the Australian Telecommunications Corporation Act 1989 in the Schedule of the Principal Declaration. These amendments are administrative in nature, reflecting the repeal of the ATC Act and its replacement by the Australian Overseas Telecommunications Corporation Act 1991, which does not provide for statutory office holders. This Declaration ensures the continued relevance and accuracy of the exclusion criteria under the PSS scheme without affecting existing members' benefits. As a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and a Statutory Rule under the Statutory Rules Publication Act 1903, the Declaration comes into effect on the date of its gazettal.
Key Provisions
The main operative sections of the Superannuation (PSS) Membership Exclusion Declaration No. 11 (1994 No. 400) pertain to the exclusion of certain classes of persons from membership in the Public Sector Superannuation (PSS) scheme. Specifically, the Declaration removes item 5 of the Schedule to the Principal Declaration, which previously excluded certain employees of the Legal Aid Commission (ACT) under the Legal Aid Act 1977. Additionally, it omits the reference to the Australian Telecommunications Corporation Act 1989 (ATC Act) in item 21 of the Schedule, as the ATC Act has been repealed and replaced by the Australian Overseas Telecommunications Corporation Act 1991 (AOTC Act), which does not provide for statutory office holders. These changes are intended to streamline and update the existing exclusions without altering current members’ membership or benefits under the PSS scheme.
The obligations and requirements imposed by the Declaration are primarily administrative and relate to updating the list of exclusions in the Principal Declaration. This involves ensuring that the Schedule to the Principal Declaration accurately reflects the current legislative framework. For instance, the Declaration removes outdated references to repealed Acts and classes of persons no longer subject to exclusion. This amendment process is necessary to maintain the integrity and relevance of the PSS scheme's membership criteria, ensuring they align with current legal standards and the operational realities of the entities involved.
In terms of legal consequences, the Superannuation (PSS) Membership Exclusion Declaration No. 11 does not introduce new offences or penalties. Instead, it serves to clarify and refine the exclusion criteria under the Superannuation Act 1990. The Declaration is subject to disallowance under section 46A of the Acts Interpretation Act 1901, meaning that Parliament has the authority to review and potentially reject it within a specified period. This provides a safeguard to ensure that the changes made are within the scope of the enabling Act and do not exceed the legislative intent. The Declaration operates as a Statutory Rule under the Statutory Rules Publication Act 1903, with its provisions taking effect from the date of gazettal, ensuring immediate applicability to the affected classes of persons.