Superannuation (PSS) Membership Inclusion Declaration No. 11 1994 No. 16
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 16
Issued by the authority of the Minister for Finance
Superannuation Act 1990
Declaration under paragraph 6(1)(j)
The Superannuation Act 1990 (the Act) makes provision for and in relation to an occupational superannuation scheme, the Public Sector Superannuation (PSS) scheme for persons employed by the Commonwealth and certain other persons.
Section 6 of the Act specifies the persons 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 scheme.
Section 45 of the Act provides that such a declaration 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.
Recent legislation for the restructuring of the Commonwealth's wool organisations took effect on 1 December 1993. Two new bodies, the Australian Wool Research and Promotion Organisation and Wool International, have replaced the Australian Wool Corporation, the Australian Wool Realisation Commission and the Wool Research and Development Corporation.
Section 36 of the Wool Legislation (Repeals and Consequential Provisions) Act 1993 provides for the transition of staff, from the replaced organisations to the two new ones, on terms and conditions not less favourable than those on which they were employed immediately before the commencement of the Act, provided the employment is continuous.
The Declaration contained in the Statutory Rules and cited as "Superannuation (PSS) Membership Inclusion Declaration No. 11" provides that if the Managing Director or any employees of the Australian Wool Research and Promotion Organisation or the Chief Executive or any employees of Wool International were members of the PSS scheme before transferring in accordance with section 36 of the Wool Legislation (Repeals and Consequential Provisions) Act 1993, to the new bodies, on 1 December 1993, they may continue to be members. No other employees of the new bodies may become members of the PSS scheme.
The Declaration is taken to have commenced on 1 December 1993. Written requests have been received from each of the employees concerned that they be permitted to continue their membership of the PSS scheme after transferring. The appropriate employer and employee contributions have been paid in full up to the date of the making of this Declaration. In these circumstances, the retrospectivity of the membership arrangements complies with subsection 48(2) of the Acts Interpretation Act 1901 in that the rights of the employees concerned are not affected in a manner prejudicial to them nor are liabilities imposed on them.
Overview
The Superannuation (PSS) Membership Inclusion Declaration No. 11, issued in 1994 under the authority of the Minister for Finance, pertains to the Superannuation Act 1990. This legislative instrument was enacted to address the transition of staff from the Australian Wool Corporation, the Australian Wool Realisation Commission, and the Wool Research and Development Corporation to the newly established Australian Wool Research and Promotion Organisation and Wool International, as per the Wool Legislation (Repeals and Consequential Provisions) Act 1993. The primary policy objective is to ensure that certain employees who were members of the Public Sector Superannuation (PSS) scheme prior to the organisational restructuring maintain their membership status in the new entities, provided they were employed continuously and their terms and conditions were not less favourable than those they held previously. This measure ensures the continuity of superannuation benefits for the affected employees without imposing any prejudicial liabilities or altering their accrued rights.
Scope and Application
The Superannuation (PSS) Membership Inclusion Declaration No. 11 1994 applies to the members of the Public Sector Superannuation (PSS) scheme, particularly focusing on the transition of certain employees from the former Commonwealth wool organisations to the newly established Australian Wool Research and Promotion Organisation and Wool International. The Act applies to individuals who were members of the PSS scheme prior to their transfer on 1 December 1993, ensuring continuity of their membership in the scheme. This includes the Managing Director and any employees of the Australian Wool Research and Promotion Organisation, as well as the Chief Executive and any employees of Wool International. The application of this Declaration is limited to those who were already members of the PSS scheme at the time of the transition and excludes any other employees of the new bodies from becoming members of the PSS scheme. The Declaration ensures that the continuity of membership is maintained in compliance with the retrospective application as per subsection 48(2) of the Acts Interpretation Act 1901.
Key Provisions
The Superannuation (PSS) Membership Inclusion Declaration No. 11, issued under the Superannuation Act 1990, specifically addresses the continuity of membership in the Public Sector Superannuation (PSS) scheme for certain employees transitioning between Commonwealth organisations. Section 6(1)(j) of the Act allows the Minister for Finance to declare individuals who are eligible to be PSS members. The declaration, effective from 1 December 1993, specifies that the Managing Director, Chief Executive, and employees of the Australian Wool Research and Promotion Organisation and Wool International, who were members of the PSS scheme prior to the transition, can continue their membership if they transfer under the terms of the Wool Legislation (Repeals and Consequential Provisions) Act 1993.
This Act imposes certain obligations on the parties involved, primarily ensuring that the transition of staff from the former organisations to the new ones is smooth and does not adversely affect the employees' superannuation membership. It mandates that these employees maintain their membership in the PSS scheme, provided they were members before the transition. Additionally, the declaration stipulates that no other employees of the new organisations can join the PSS scheme, maintaining the exclusivity of the membership criteria outlined in the Act.
Any breach of the provisions set out in the declaration could lead to significant legal consequences. Although the explanatory statement does not detail specific penalties, under the Superannuation Act 1990 and related legislation, breaches could potentially incur civil or criminal penalties, including fines or imprisonment, depending on the severity and intent of the violation. The precise penalties would need to be referred to in the primary Act and any relevant regulations or subsidiary legislation. The declaration itself serves as a statutory rule under the Statutory Rules Publication Act 1903, reinforcing its legal standing and enforceability.