Superannuation (PSS) Membership Exclusion Declaration No. 4 1991 No. 420
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 420
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) provides for a new superannuation scheme for Commonwealth employees and certain other persons to operate from 1 July 1990.
Generally, members of the earlier Commonwealth superannuation scheme, established under the Superannuation Act 1976 (the 1976 Act), had the option, to be exercised during the 12 months to 30 June 1991, of remaining members of that scheme or of transferring to the new scheme. The transfer arrangements are provided for in the 1976 Act.
Section 6 of the 1990 Act specifies the persons who may be members of the new 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 to be a member of the scheme.
The intention is that those persons who were excluded from membership of the scheme established under the 1976 Act also be excluded, under similar conditions, from membership of the new scheme.
The Declaration contained in the Statutory Rule and cited as "Superannuation (PSS) Membership Exclusion Declaration No. 4" provides that section 6 of the 1990 Act does not apply to a number of persons described in the schedule to that Declaration. Such persons may not therefore be members of the new scheme.
The Declaration contained in the Statutory Rule repeals three previous Declarations made under paragraph 6(2)(c) and incorporates most of the classes of persons which had been described in those Declarations. Those Declarations were published in Statutory Rules 1990 Nos 183 and 321 and in Statutory Rule 1991 No 34. By repealing the Declarations published in Statutory Rules 1990 Nos 183 and 321 and remaking them with a new citation, the revised declaration standardises the citation of declarations under paragraph 6(2)(c) of the 1990 Act.
The persons described in items 1 to 26 of the Schedule to the Declaration were excluded from membership of the earlier Commonwealth superannuation scheme and had been declared in Statutory Rule 1990 No 183 to be excluded from membership of the new scheme.
Statutory Rule 1990 No 183 had also excluded certain persons who are members of the earlier scheme and on leave of absence without pay or to whom the mobility provisions of Part IV of the Public Service Act 1922 apply. These classes of persons are now covered by the provisions of the 1976 Act, as modified by the Superannuation Legislation Amendment Act 1991, and have not been included in the revised Declaration.
The Superannuation Legislation Amendment Act 1991 also amended the 1990 Act to exclude from membership of the new scheme the classes of persons who had been described in Statutory Rule 1991 No 34 which is now repealed by the revised Declaration.
Persons described in Statutory Rule 1990 No 321, which has been repealed by the revised Declaration, are now described in item 27.
Items 28 and 29 are new exclusion provisions in respect of persons to whom the mobility provisions of Part IV of the Public Service Act 1922 apply. These provisions reflect the exclusion arrangements already existing for such persons under the 1976 Act.
In accordance with section 45 of the 1990 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 with effect from the date of gazettal.
Overview
The Superannuation (PSS) Membership Exclusion Declaration No. 4 1991 No. 420 was issued under the authority of the Minister for Finance to address the problem of excluding certain persons from membership of the new superannuation scheme established under the Superannuation Act 1990. This Act was enacted to provide for a new superannuation scheme for Commonwealth employees and certain other persons, effective from 1 July 1990. The Declaration aims to ensure consistency in the exclusion criteria from the new scheme, aligning with those previously excluded from the earlier scheme under the Superannuation Act 1976. By repealing previous exclusion declarations and incorporating updated exclusion provisions, this Statutory Rule standardises the exclusion criteria and ensures that the new scheme adheres to the intended policy of excluding the same classes of persons as were excluded from the earlier scheme.
Scope and Application
The Superannuation (PSS) Membership Exclusion Declaration No. 4 1991 No. 420, issued under the authority of the Minister for Finance, specifies certain persons who are excluded from membership in the new Commonwealth superannuation scheme established by the Superannuation Act 1990. This Act replaced the earlier Commonwealth superannuation scheme under the Superannuation Act 1976, offering a transition period for existing members to choose whether to remain in the old scheme or transfer to the new one. The Declaration under paragraph 6(2)(c) of the 1990 Act applies to individuals who were excluded from the earlier scheme and ensures that these same individuals are also excluded from the new scheme. The Declaration repeals and replaces previous exclusion declarations, standardising the citation and consolidating the exclusion criteria. It applies to Commonwealth employees and certain other persons, excluding them from the new scheme if they fall under the categories outlined in the schedule of the Declaration. The geographic reach of the Act is national, applying to all Commonwealth employees and specified persons within Australia. The Declaration is a Statutory Rule and a disallowable instrument, meaning it can be subject to disallowance by either House of Parliament and operates from the date of gazettal.
Key Provisions
The Superannuation (PSS) Membership Exclusion Declaration No. 4, 1991, pertains to the exclusion of specific individuals from membership in the new superannuation scheme established by the Superannuation Act 1990. This Declaration, issued under the authority of the Minister for Finance, outlines certain persons who are not eligible to be members of the new superannuation scheme. These exclusions are detailed in the schedule of the Declaration and include individuals who were previously excluded from the earlier Commonwealth superannuation scheme established under the Superannuation Act 1976. Section 6 of the 1990 Act specifies the criteria for membership in the new scheme, and the Declaration under paragraph 6(2)(c) of this Act excludes certain individuals from eligibility based on their prior exclusion status under the 1976 Act.
The Declaration imposes specific obligations on the entities and individuals it governs. Firstly, it excludes the individuals listed in the schedule from becoming members of the new superannuation scheme. This means that these individuals are not eligible to participate in the new scheme and cannot be admitted as members. The Declaration also mandates that the exclusions be in line with the provisions of the Superannuation Act 1990 and any subsequent amendments or related legislation, such as the Superannuation Legislation Amendment Act 1991. The Declaration serves to update and consolidate previous exclusion declarations, ensuring a standardised approach to the exclusion of certain individuals from superannuation membership.
In terms of consequences for breach, the Superannuation (PSS) Membership Exclusion Declaration No. 4 does not explicitly outline specific offences, penalties, or consequences for non-compliance with the exclusion provisions. However, the underlying legislation, particularly the Superannuation Act 1990, does provide a framework for enforcement and compliance. Non-compliance with the exclusion criteria could potentially lead to legal challenges or administrative actions. Although the specific penalties for non-compliance are not detailed in the Declaration itself, it is important to note that failure to adhere to the exclusion provisions may result in legal repercussions under the relevant acts and regulations. The precise consequences would depend on the context and the interpretation of the broader legislative framework.