Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 2)

Overview

The Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 2) was enacted to correct inaccuracies in the previous amendment declaration concerning the membership of the Public Sector Superannuation Scheme (PSS) for employees of the Snowy Mountains Hydro-electricity Authority (SMHEA) after their transfer to employment with Snowy Hydro Limited (SHL). This Statutory Rule was issued under the authority of the Minister for Finance and Administration, in accordance with the Superannuation Act 1990, which governs the PSS for Commonwealth employees and certain other persons. The policy objective of the 2002 Amendment Declaration is to ensure that the earlier amendment accurately reflects the intended PSS membership provisions, thereby avoiding any unintended consequences that might arise from misdirected amendments. This is achieved by omitting the misdirected provisions in Schedule 2 of the earlier amendment declaration and allowing the correct provisions to take effect upon the corporatisation of SMHEA.

Scope and Application

The Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 2) pertains to the Superannuation Act 1990, which governs the Public Sector Superannuation Scheme (PSS) for Commonwealth employees and certain other persons. The Act applies to individuals who are or may become members of the PSS, specifically targeting the amendment of membership criteria for employees of the Snowy Mountains Hydro-electricity Authority (SMHEA) post their transfer to employment with Snowy Hydro Limited (SHL). This amendment aims to rectify misdirected provisions from a previous amendment to ensure that the intended effect of PSS membership is achieved upon the corporatisation of SMHEA. The geographic reach of this Act is national, as it pertains to Commonwealth entities. The application of the Act is restricted to the members of the PSS, particularly focusing on the employees of the SMHEA and SHL. The amendment is a Statutory Rule and, as such, it extends the application of the Act through subordinate instruments to ensure that the intended members are appropriately included in the PSS.

Key Provisions

The Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 2) (the Declaration) amends the Superannuation (PSS) Membership Inclusion Amendment Declaration 2001 (No. 1) (the amending Declaration) to ensure the intended effect of PSS membership for employees of the Snowy Mountains Hydro-electricity Authority (SMHEA) after their transfer to employment with Snowy Hydro Limited (SHL). Specifically, Clause 3 of the Declaration amends the amending Declaration by omitting Schedule 2, which contained provisions that were misdirected. This ensures that the provisions of a new instrument, to be made under paragraph 6(1)(j) of the Superannuation Act 1990 (the 1990 Act), can take effect upon the corporatisation of SMHEA. The Declaration imposes obligations on the Minister for Finance and Administration to ensure that the amendments correctly apply to the intended group of employees once SMHEA is corporatised. This involves the careful drafting and amendment of statutory rules to avoid unintended consequences and to ensure that the legislative intent is fulfilled. The Declaration's amendments are designed to align with the broader objectives of the 1990 Act, which is to provide superannuation benefits for eligible public sector employees. Breaching the provisions of the Declaration or failing to ensure the correct implementation of PSS membership could lead to legal consequences. While the Declaration itself does not explicitly outline specific offences or penalties, any failure to comply with the legislative intent could be subject to review and potential disallowance under section 46A of the Acts Interpretation Act 1901. Additionally, the Statutory Rules Publication Act 1903 governs the publication and legal effect of such statutory rules, ensuring that they are properly enacted and applied. In summary, the Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 2) aims to correct and refine the legislative framework for PSS membership, particularly for employees transitioning from SMHEA to SHL. The Declaration ensures that the necessary amendments are correctly positioned to take effect upon the corporatisation of SMHEA, thus maintaining the integrity and effectiveness of the PSS provisions.