Superannuation (PSS) Membership Exclusion Declaration No. 1 1991 No. 17
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 17
ISSUED BY THE AUTHORITY OF THE 14INISTER FOR FINANCE
SUPERANNUATION ACT 1990
DECLARATION UNDER PARAGRAPH 6(2)(c)
The Superannuation Act 1990 (the Act) established the Public Sector Superannuation (PSS) scheme for Commonwealth employees and certain other persons effective from 1 July 1990.
Section 6 of the Act specifies 'the persons who may be members of that scheme. Paragraph 6(1)(a) provides that a permanent employee will be a member of the scheme. This definition of "permanent employee" in section 3 of the Act includes a person who is an officer for the of the Public Service Act 1922 and any other person employed in a permanent capacity by the Commonwealth.
Paragraph 6(1)(d) of the Act provides for temporary employees who elect under section 8 of the Act to members of the scheme to be members.
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 to be a member of the scheme.
Certain persons employed in a temporary capacity in the Transport and Storage Group (TSG) of the Department of Administrative Services under section 82AC of the Public Service Act 1922 are to be appointed as officers under section 42A of that Act on 1 February 1991. Those persons are not presently required to become members of the PSS but can elect to do so under section 8 of the Act. Their appointment as officers under section 42A of the Public Service Act 1922 would automatically make them members of the scheme unless excluded from membership by a declaration under paragraph 6(2)(c) of the Act.
It is intended that these TSG employees should be excluded from membership, unless they at any time request to become members of the PSS scheme.
The Declaration contained in the Statutory Rule and cited as Superannuation (PSS) Membership Exclusion Declaration No 1 declares that section 6 does not apply to certain persons who are employed by the TSG. These are persons who:
• were employed under section 82AC of the Public Service Act 1922 on 31 January 1991, and
• hold an appointment as an officer under section 42A of the Public Service Act 1922 on and from 1 February 1991, and
• are not already either eligible employees for the purposes of the Superannuation Act 1976 (that is they are not members of the Commonwealth Superannuation Scheme) nor members of the PSS scheme, and
• have not at any time requested to become a member of the PSS scheme.
In accordance with section 45 of the Act, a declaration under paragraph 6(2)(c) is to be 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 from the date of gazettal.
Overview
The Superannuation (PSS) Membership Exclusion Declaration No. 1 1991 was enacted under the Superannuation Act 1990 to address a specific gap in superannuation membership eligibility for certain employees within the Transport and Storage Group (TSG) of the Department of Administrative Services. This legislation was issued by the authority of the Minister for Finance, in line with paragraph 6(2)(c) of the Act, to ensure that employees who were appointed as officers under section 42A of the Public Service Act 1922 on 1 February 1991 would not automatically become members of the Public Sector Superannuation (PSS) scheme unless they specifically requested membership. The policy objective was to provide an exclusion for these employees from compulsory membership in the PSS scheme, aligning with their unique employment status and conditions. This statutory rule was made to ensure clarity and compliance with the broader legislative intent of the Superannuation Act 1990.
Scope and Application
The Superannuation (PSS) Membership Exclusion Declaration No. 1 1991 No. 17, issued under the authority of the Minister for Finance, pertains specifically to the application of the Superannuation Act 1990. This Act established the Public Sector Superannuation (PSS) scheme for Commonwealth employees and certain other persons, effective from 1 July 1990. The scope of the Act includes permanent employees defined in section 3 of the Act and temporary employees who elect to become members under section 8. However, certain persons employed in a temporary capacity in the Transport and Storage Group (TSG) of the Department of Administrative Services under section 82AC of the Public Service Act 1922, who are appointed as officers under section 42A on and from 1 February 1991, are excluded from automatic membership in the PSS scheme unless they request to become members. The Declaration ensures these individuals remain exempt from the PSS membership unless they choose to join the scheme at a later date. The exclusion operates from the date of gazettal and is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
Key Provisions
The Superannuation (PSS) Membership Exclusion Declaration No. 1 1991 No. 17 provides specific exclusions from the Public Sector Superannuation (PSS) scheme under the Superannuation Act 1990. Section 6 of the Act generally mandates membership for certain categories of employees, but paragraph 6(2)(c) allows the Minister for Finance to declare individuals who are not subject to this membership requirement. The Declaration specifically excludes certain employees within the Transport and Storage Group (TSG) of the Department of Administrative Services. These employees are those who were employed under section 82AC of the Public Service Act 1922 as of 31 January 1991, hold an appointment as an officer under section 42A of the Public Service Act 1922 from 1 February 1991, are not already members of the Commonwealth Superannuation Scheme or the PSS scheme, and have not elected to join the PSS scheme.
The obligations imposed by this Declaration are primarily on the employees affected by it. For those individuals, the primary requirement is to adhere to their employment status as outlined in the Public Service Act 1922 and not to join the PSS scheme unless they actively make the decision to do so. The Declaration ensures that these employees remain excluded from the PSS membership unless they specifically request membership. Additionally, the Declaration requires the Minister for Finance to ensure that the statutory requirements for such exclusions are met and to publish the Declaration in accordance with the Statutory Rules Publication Act 1903.
Failure to comply with the provisions of this Declaration could lead to various legal consequences, although the specific offences and penalties are not detailed within the text. Generally, breaches of statutory rules or disallowable instruments can result in civil or criminal penalties depending on the severity of the breach. Under the Acts Interpretation Act 1901, a disallowable instrument such as this Declaration can be subject to review and potential disallowance by Parliament, which may further lead to legal repercussions for non-compliance. The maximum penalties for such breaches would typically be determined by the relevant legislative provisions and the discretion of the courts.