Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 3)

Overview

The Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 3) was enacted to amend the eligibility criteria for membership in the Public Sector Superannuation Scheme (PSS) under the Superannuation Act 1990. This legislative instrument, issued by the Minister for Finance and Administration, seeks to ensure that certain employees of the PSS Board, the CSS Board, or both boards ("the PSS/CSS Board") are included in the PSS. The policy objective is to maintain the superannuation benefits for permanent employees who were already PSS members before their employment with the PSS/CSS Board, to allow these employees to retain their PSS deferred benefits, and to give temporary employees the option to elect PSS membership. The Declaration also outlines specific circumstances under which PSS membership would cease, such as the cessation of employment with the PSS/CSS Board or joining an alternative superannuation scheme.

Scope and Application

The Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 3) amends the Superannuation (PSS) Membership Inclusion Declaration to extend PSS membership to specific employees of the PSS Board, the CSS Board, or both Boards, collectively referred to as the PSS/CSS Board. This Declaration applies to permanent and temporary employees of the PSS/CSS Board, ensuring continued membership for those who were PSS members prior to their employment with the Board, and providing the option for other eligible employees to elect PSS membership. The Amendment Declaration operates within the framework of the Superannuation Act 1990 and applies at the Commonwealth level. The scope of the Declaration is limited to employees of the PSS/CSS Board and those who meet the specific criteria outlined within the Declaration. The amendment does not extend to other employees or entities not covered under the PSS/CSS Board. PSS membership under this Declaration will cease in specific circumstances, such as when the employee ceases to be employed by the PSS/CSS Board or joins an alternative superannuation scheme. The Declaration is a Statutory Rule and is subject to disallowance under the Acts Interpretation Act 1901. The Amendment Declaration takes effect from the date of gazettal, and its provisions are detailed in the attached schedule.

Key Provisions

The Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 3) amends the Principal Declaration under section 6(1)(j) of the Superannuation Act 1990 to include certain employees of the Public Sector Superannuation (PSS) Board, the Commonwealth Superannuation Scheme (CSS) Board, or both Boards as members of the PSS. The Declaration (section 1) specifies that it will take effect from the date of its gazette (section 2). The primary amendments are detailed in Schedule 1, which modifies the Principal Declaration. This includes defining "PSS/CSS Board" to include employees of both Boards (Schedule 1, Item [1]). It further outlines conditions under which PSS membership will cease, such as when an employee leaves their position with the PSS/CSS Board or joins an alternative superannuation scheme (Schedule 1, Item [2], subclause 3(16)). The Declaration also introduces a new category of PSS members, including permanent employees who were previously PSS members, those who elect to join the PSS, and temporary employees who opt to become members (Schedule 1, Item [3]). The Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 3) imposes specific obligations on the parties it governs. For instance, it requires that permanent employees of the PSS/CSS Board who were previously PSS members continue to be PSS members during their employment with the Boards (Schedule 1, Item [3]). Additionally, it allows certain employees to elect to become PSS members, which involves meeting the criteria set forth in the Declaration (Schedule 1, Item [3]). The Declaration also stipulates that PSS membership ceases under defined circumstances, such as employment termination or joining another superannuation scheme (Schedule 1, Item [2], subclause 3(16)). Furthermore, the Declaration requires that these amendments be applied consistently to all affected employees, ensuring that all relevant parties are aware of their rights and obligations under the PSS. Breach of the provisions outlined in the Superannuation (PSS) Membership Inclusion Amendment Declaration 2002 (No. 3) could result in various consequences, depending on the nature and severity of the breach. The Declaration is a statutory rule, and non-compliance with its provisions might be subject to the penalties specified under the Statutory Rules Publication Act 1903. For instance, failure to adhere to the conditions for PSS membership or improper handling of membership elections could lead to administrative penalties. Additionally, any misrepresentation or fraudulent activities related to the membership criteria or conditions could result in civil or criminal penalties under relevant Australian laws. The precise penalties would depend on the specific breach and the applicable statutory provisions.