Superannuation (PSS) Membership Exclusion Declaration No. 12 1994 No. 446
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 446
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.
The declaration cited as "Superannuation (PSS) Membership Exclusion Declaration No. 12" specifies that certain employees of the Department of Veterans' Affairs are persons to whom section 6 of the Act does not apply,
The Department of Veterans' Affairs employs certain persons at repatriation institutions who are "continuing employees" for the purposes of the Public Service Act 1922 (the PS Act). Some of these persons are to be declared permanent officers under section 42A of the PS Act.
Membership of the PSS is optional for employees who are not permanent. Many of the repatriation institution staff who are to be declared permanent have not exercised an option to join the PSS.
Membership of the PSS is compulsory for permanent officers under the PS Act. Therefore. those repatriation institution staff who become permanent by declaration will automatically become members of the PSS.
Superannuation (PSS) Membership Exclusion Declaration No. 12 permits repatriation institution staff to retain the option not to join the PSS, after they become permanent officers under the PS Act, unless they wish to do so. The details of the declaration are set out in the Attachment.
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 the Statutory Rules Publication Act 1903.
The Declaration operates with effect from Gazettal.
Overview
The Superannuation (PSS) Membership Exclusion Declaration No. 12, issued under the authority of the Minister for Finance, pertains to the Superannuation Act 1990, and was enacted to address a specific issue within the Public Sector Superannuation (PSS) scheme. This statutory rule was introduced to ensure that certain employees of the Department of Veterans' Affairs, specifically those working at repatriation institutions who are to be declared permanent officers under the Public Service Act 1922, retain the option of not joining the PSS. This was necessary because while membership of the PSS is optional for non-permanent employees, it is compulsory for permanent officers. The declaration aims to align the superannuation membership status of these employees with their employment conditions, providing them with the flexibility to choose their superannuation membership post their transition to permanent status.
Scope and Application
The Superannuation (PSS) Membership Exclusion Declaration No. 12 applies specifically to certain employees of the Department of Veterans' Affairs, namely those working at repatriation institutions who are identified as "continuing employees" under the Public Service Act 1922. This declaration, issued under the authority of the Minister for Finance, excludes these particular staff members from the mandatory membership requirements of the Public Sector Superannuation (PSS) scheme as outlined in the Superannuation Act 1990. This exclusion allows these staff members to retain the option of not joining the PSS scheme, even after they are declared permanent officers under the PS Act, unless they choose to join voluntarily. This provision ensures that the superannuation membership remains optional for these individuals, thereby accommodating their unique employment status and circumstances. The scope of the declaration is national, affecting employees across the Commonwealth, and it operates from the date of its gazette, aligning with the statutory framework provided by the Acts Interpretation Act 1901 and the Statutory Rules Publication Act 1903.
Key Provisions
The Superannuation (PSS) Membership Exclusion Declaration No. 12, as referenced in the Explanatory Statement, pertains to specific employees of the Department of Veterans' Affairs who are excluded from membership in the Public Sector Superannuation (PSS) scheme under section 6 of the Superannuation Act 1990 (the 1990 Act). These employees are identified as those working at repatriation institutions who are designated as "continuing employees" under the Public Service Act 1922 (the PS Act). The declaration specifies that these individuals are not required to be members of the PSS scheme, unless they choose to join voluntarily. This exclusion is crucial because, under the PS Act, membership in the PSS is compulsory for permanent officers, but these employees are permitted to retain the option not to join the PSS even after becoming permanent officers, provided they do not elect to do so.
The obligations imposed by the Act, specifically through this declaration, are twofold. Firstly, it ensures that certain staff at repatriation institutions are not automatically enrolled in the PSS scheme. Secondly, it maintains the option for these employees to voluntarily join the PSS if they so choose. This is an important distinction, as it balances the compulsory nature of PSS membership for permanent officers while recognising the unique circumstances of these employees.
In terms of legal consequences, the declaration itself is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and a Statutory Rule under the Statutory Rules Publication Act 1903. These provisions mean that the declaration can be reviewed and potentially disallowed by Parliament if deemed necessary. However, the explanatory statement does not detail specific offences, penalties, or civil/criminal consequences for breach of the declaration. Instead, it focuses on the operational framework and the specific exclusions it provides for certain employees within the Department of Veterans' Affairs.