Superannuation (PSS) Membership Inclusion Amendment Declaration 1999 (No. 1)

Overview

The Superannuation (PSS) Membership Inclusion Amendment Declaration 1999 (No. 1), issued under the authority of the Minister for Finance and Administration, aims to amend the Superannuation (PSS) Membership Inclusion Declaration 1995. The 1995 Declaration, part of the Superannuation Act 1990, initially defined the eligibility criteria for members of the Public Sector Superannuation Scheme (PSS). The 1999 Amendment Declaration seeks to update these criteria to ensure that individuals who were PSS members before they commenced employment with the Australian Government Solicitor (AGS) continue to be PSS members during their AGS employment, subject to specific exceptions. This update addresses the need to clarify the continuity of PSS membership for certain employees transitioning to AGS roles. The policy objective behind this amendment is to provide certainty and stability for PSS members in their superannuation arrangements as they move between different public sector roles. The Declaration, which commences on gazettal, incorporates amendments to the Principal Declaration to reflect these changes.

Scope and Application

The Superannuation (PSS) Membership Inclusion Amendment Declaration 1999 (No. 1) applies to persons who are members of the Public Sector Superannuation Scheme (PSS) prior to commencing employment with the Australian Government Solicitor (AGS). This Declaration aims to amend the existing Superannuation (PSS) Membership Inclusion Declaration 1995 to ensure that individuals who were already PSS members before their employment with the AGS continue their PSS membership during their employment with the AGS, except under specific conditions. This includes instances where the individual ceases to be an AGS employee, becomes a member of another superannuation scheme, or if the AGS ceases to be controlled by the Commonwealth. The Declaration is a Statutory Rule under the Statutory Rules Publication Act 1903 and is subject to disallowance under the Acts Interpretation Act 1901. It commences on gazettal and amends the Principal Declaration through the insertion of new subclauses and items in the Schedule to the Principal Declaration.

Key Provisions

The Superannuation (PSS) Membership Inclusion Amendment Declaration 1999 (No. 1) primarily amends the existing Superannuation (PSS) Membership Inclusion Declaration 1995. Under section 3(1) of the amended Declaration, as modified by the new clause 3(10) inserted by the Amendment, PSS membership for employees of the Australian Government Solicitor (AGS) will cease under certain circumstances (s. 3(10)). Specifically, membership will terminate when the individual ceases to be an AGS employee (s. 3(10)(a)), when they become a member of another superannuation scheme, except for schemes where contributions are only made in relation to performance pay or for top-up purposes (s. 3(10)(b)), or when AGS ceases to be Commonwealth controlled (s. 3(10)(c)). Moreover, clause 18 inserted in the Schedule of the Principal Declaration provides that individuals who were PSS members before joining AGS on or after 1 September 1999 will remain PSS members during their employment with AGS, unless they join another superannuation scheme for which they are not eligible under the PSS (s. 18). The Declaration imposes several obligations on the parties involved. AGS employees who were PSS members prior to their employment must continue to be PSS members unless one of the specified conditions for cessation is met. The conditions include cessation of employment with AGS, membership in another superannuation scheme, or AGS no longer being Commonwealth controlled. Furthermore, it is the responsibility of the AGS to ensure compliance with these provisions, particularly in managing the transition of employees into and out of the PSS. There are no explicit offences, penalties, or consequences detailed in the text for breaches of the Declaration. However, the Declaration being a Statutory Rule means that any non-compliance could potentially lead to legal consequences under the relevant Acts Interpretation Act 1901 and Statutory Rules Publication Act 1903. While the text does not specify maximum penalties, breaches could result in actions to enforce compliance, including potential civil or administrative penalties as prescribed by applicable laws.