Superannuation (PSS) Membership Inclusion Declaration (Amendment) 1995 No. 232
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 232
Issued by the Authority of the Minister for Finance
Superannuation Act 1990
Declaration under paragraph 6(1)(j)
The Superannuation Act 1990 (the 1990 Act) makes provision for and in relation to an occupational superannuation scheme, the Public Sector Superannuation Scheme (the PSS), for Commonwealth employees and certain other persons.
Section 6 of the 1990 Act specifies the persons who are, or who may be, members of the PSS scheme. In accordance with paragraph 6(1)(j), a person declared by the Minister for Finance to be a person to whom section 6 applies is a member of the PSS, Declarations made under paragraph 6(1)(j) are contained in the Superannuation (PSS) Membership Inclusion Declaration (the Principal Declaration).
Section 45 of the 1990 Act provides that a declaration under paragraph 6(1)(j) is 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 review of air regulation and safety resulted in the commencement, on 6 July 1995, of the Civil Aviation Legislation Amendment Act 1995 (the CALA Act) (which amends the Civil Aviation Act 1988) and the Air Services Act 1995 (the AA Act). The CALA Act abolishes the Civil Aviation Authority (CAA) and provides for the establishment of the Civil Aviation Safety' Authority (CASA). The AA Act provides for the establishment of Airservices Australia (AA).
Section 8 of the CALA Act provides for staff of CAA to become staff members of CASA or employees of AA. Subsection 8(3) of that Act provides that, in the 12 months following commencement of the CALA Act, staff may be transferred between the two new bodies. Subsection 8(4) of that Act provides that a person who becomes an AA employee or a CASA staff member under that section shall be employed on terms and conditions that are not less favourable than the terms and conditions that applied to the person's previous employment.
CAA staff have generally been required to join the CAA Superannuation Fund, although some staff retain membership of the Commonwealth Superannuation Scheme (the CSS) (provided for by the Superannuation Act 1976 (the 1976 Act)). PSS membership has been available to staff of CAA only where Part IV of the Public Service Act 1922 applies (mobility provisions) to the person. This is provided for in paragraph 6(1)(h) of the 1990 Act.
Staff of AA are to continue to have the superannuation options which were available to staff of CAA while staff of CASA are to be, or be eligible to become, members of the PSS or the CSS, as appropriate. (A separate Declaration under the 1990 Act and a Declaration under the 1976 Act will give effect to the superannuation arrangements for CASA staff). Staff transferring from CAA to CASA, who are members of the CSS, will have the option of retaining their CSS membership or joining the PSS. In view of the intention to maintain the terms and conditions of employment for CASA staff who are transferred to AA as provided for in subsection 8(3) of the CALA Act, these persons will be able to continue as PSS members even though PSS membership is not generally available to staff of AA.
The Schedule to the Principal Declaration describes persons who are included as PSS members for the purposes of the 1990 Act. The Declaration contained in the Statutory Rules and cited as "Superannuation (PSS) Membership Inclusion Declaration (Amendment)" (the Amending Declaration) amends the Schedule to the Principal Declaration to include certain persons employed by Airservices Australia (AA).
Persons included in item 10 of the Schedule to the Principal Declaration (as inserted by the Amending Declaration) are described as persons who are transferred to AA from CASA as provided for in subsection 8(3) of the CALA Act (that is, who are transferred from CASA to AA in the first 12 months of AA's operation) and who are PSS members, or who elect to become PSS members while employed by CASA.
This Declaration commenced on 6 July 1995.
Overview
The Superannuation (PSS) Membership Inclusion Declaration (Amendment) 1995 No. 232, issued under the authority of the Minister for Finance, amends the Superannuation (PSS) Membership Inclusion Declaration to address the transition of staff from the Civil Aviation Authority (CAA) to Airservices Australia (AA) and the Civil Aviation Safety Authority (CASA). This amendment arises from the Civil Aviation Legislation Amendment Act 1995 and the Air Services Act 1995, which established CASA and AA. The objective of the amendment is to ensure that staff transferred from CASA to AA, who were previously members of the Public Sector Superannuation Scheme (PSS) while employed by CASA, can continue their PSS membership. This aligns with the intent to maintain the terms and conditions of employment as stipulated in the Civil Aviation Legislation Amendment Act 1995. The amendment was necessary to provide continuity in superannuation arrangements for affected employees during the restructuring of the aviation regulatory framework.
Scope and Application
The Superannuation (PSS) Membership Inclusion Declaration (Amendment) 1995 No. 232 amends the Superannuation (PSS) Membership Inclusion Declaration to include certain employees of Airservices Australia (AA) as members of the Public Sector Superannuation Scheme (PSS). This amendment applies to individuals who were transferred from the Civil Aviation Safety Authority (CASA) to AA within the first 12 months of AA's operation, as stipulated in the Civil Aviation Legislation Amendment Act 1995. These individuals, who were previously PSS members or who chose to become PSS members while employed by CASA, will retain their PSS membership under this amendment. The amendment ensures continuity in superannuation arrangements for these employees, aligning with the terms and conditions of their employment as outlined in the Civil Aviation Legislation Amendment Act. The scope of this Declaration is limited to those specific employees affected by the transfer from CASA to AA, and it commenced on 6 July 1995 in line with the commencement of the relevant legislative changes.
Key Provisions
The Superannuation (PSS) Membership Inclusion Declaration (Amendment) 1995 No. 232 modifies the existing Superannuation (PSS) Membership Inclusion Declaration to include certain individuals as members of the Public Sector Superannuation (PSS) scheme, as provided under the Superannuation Act 1990 (the 1990 Act). Specifically, section 6(1)(j) of the 1990 Act allows for the inclusion of persons declared by the Minister for Finance, and the amendment specifies that this includes individuals transferred from the Civil Aviation Safety Authority (CASA) to Airservices Australia (AA) within the first twelve months following the commencement of the Civil Aviation Legislation Amendment Act 1995.
The obligations imposed by this Act require the Minister for Finance to make specific declarations under section 6(1)(j) of the 1990 Act, ensuring that the appropriate individuals are included in the PSS scheme. The Act mandates that these individuals, who are transferred from CASA to AA, must be granted membership in the PSS or have the option to retain their existing superannuation memberships. Additionally, the Act ensures that these individuals' employment terms and conditions remain at least as favourable as those they enjoyed under their previous employment, as stipulated in subsection 8(4) of the Civil Aviation Legislation Amendment Act 1995.
Failure to comply with the provisions of this Act may result in civil or criminal consequences. The 1990 Act, under section 45, specifies that a declaration made under section 6(1)(j) is a disallowable instrument. This means that the Parliament has the authority to review and potentially disallow the declaration if it deems it necessary. Additionally, any breaches of the terms and conditions of employment as outlined in the Civil Aviation Legislation Amendment Act 1995 may lead to legal action and penalties under that Act. The exact penalties for non-compliance would depend on the specific breach and the provisions of the Civil Aviation Legislation Amendment Act 1995.