Superannuation (PSS) Membership Inclusion Declaration No. 12 1994 No. 117
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 117
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, known as 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.
The Declaration contained in the Statutory Rules and cited as "Superannuation (PSS) Membership Inclusion Declaration No. 12" specifies certain employees of Australian Meat Technology Pty Limited (AMT) who may be members of the PSS scheme.
The Commonwealth Scientific and Industrial Research Organisation (CSIRO) is an approved authority for the purposes of the Act. As a consequence some of its employees are members of the PSS scheme.
Australian Meat Technology Pty Limited (AMT) is a recently formed subsidiary of the Meat Research Corporation (MRC) and is currently wholly owned by MRC. MRC was established under the provisions of the Meal Research Corporation Act 1985.
Superannuation (PSS) Membership Inclusion Declaration No. 12 permits former employees of CSIRO who were PSS scheme members while in that employment to continue membership of the PSS scheme after transferring from CSIRO to employment with AMT. The details of the declaration are set out in the Attachment.
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.
The Declaration is expressed to be taken to have commenced on 3 December 1993 (the date the transfers from CSIRO to AMT commenced). It ensures that the AMT employees referred to have maintained continuity of their PSS membership and that their superannuation entitlements have been unaffected by the employment transfer. Those employees who transferred before the notification of the making of the declaration in the Gazette have, before that gazettal, elected to remain members of the PSS after the transfer and paid in full their contributions for the retrospective period from 3 December 1993.
ATTACHMENT
SUPERANNUATION (PSS) MEMBERSHIP INCLUSION DECLARATION NO. 12
The details of the Declaration are as follows:
Clause 1
This cites the Declaration as Superannuation (PSS) Membership Inclusion Declaration No. 12.
Clause 2
This provides that the Declaration commences retrospectively on 3 December 1993.
Clause 3
This provides definitions of the "Act", "AMT", "Commonwealth control of AMT" and "performance pay" as used in the declaration.
Clause 4
This describes those AMT employees who are persons to whom section 6 of the Superannuation Act 1990 applies and therefore members of the PSS scheme. In general, the declaration applies to an AMT employee who immediately before becoming or last becoming an employee of AMT was employed by CSIRO and was a member of the PSS scheme.
If the person was employed by AMT before the making of the Declaration is notified in the Gazette, the person will be included as a PSS scheme member if, before the date of gazettal, he or she elected to continue to be treated as a member and made payment of all contributions due in respect of that membership before that date.
This clause provides that should an employee become a member of another superannuation scheme applying to that person's employment by AMT (other than the PSS. scheme or a scheme to which contributions are made only in relation to performance pay) the person would cease to be a member of the PSS scheme.
This clause also provides that these membership arrangements apply only while AMT is under the control of the Commonwealth. It is expected that control of AMT will eventually pass from the Commonwealth to the private sector.
Overview
The Superannuation (PSS) Membership Inclusion Declaration No. 12, issued under the authority of the Minister for Finance in 1994, aims to address the continuity of Public Sector Superannuation (PSS) membership for certain employees transitioning from Commonwealth Scientific and Industrial Research Organisation (CSIRO) to Australian Meat Technology Pty Limited (AMT). The Superannuation Act 1990 provides the legislative framework for the PSS scheme, and this declaration ensures that specific employees of AMT, who were previously members of the PSS scheme while employed by CSIRO, can maintain their PSS membership upon transferring to AMT. The policy objective is to safeguard the superannuation entitlements of these employees, ensuring that their transition to a new employer does not disrupt their membership and associated benefits. The declaration is retrospective, commencing on 3 December 1993, the date when the transfers from CSIRO to AMT began, and it includes provisions for employees who elected to remain in the PSS scheme and made their contributions before the declaration was gazetted.
Scope and Application
The Superannuation (PSS) Membership Inclusion Declaration No. 12 is an instrument made under the Superannuation Act 1990, which is designed to facilitate the continuity of the Public Sector Superannuation (PSS) scheme membership for certain employees transferring from the Commonwealth Scientific and Industrial Research Organisation (CSIRO) to Australian Meat Technology Pty Limited (AMT). This Declaration applies to specific employees of AMT who were previously members of the PSS scheme while employed by CSIRO. The purpose of this Declaration is to ensure that these employees maintain their PSS membership and that their superannuation entitlements remain unaffected by their employment transfer. The Declaration applies retrospectively from 3 December 1993, the date when the transfers from CSIRO to AMT began. For an employee to be included in the PSS scheme, they must have been employed by CSIRO immediately before becoming an employee of AMT and must have been a member of the PSS scheme at the time. If the employee was already with AMT prior to the Declaration being notified in the Gazette, they qualify for inclusion if they elected to remain a PSS member and paid all applicable contributions before the gazettal date. The membership arrangement under the PSS scheme is contingent upon AMT remaining under Commonwealth control; once control transfers to the private sector, these arrangements will no longer apply. The Declaration is a disallowable instrument under the Acts Interpretation Act 1901 and a Statutory Rule under the Statutory Rules Publication Act 1903.
Key Provisions
The Superannuation (PSS) Membership Inclusion Declaration No. 12, under section 6(1)(j) of the Superannuation Act 1990, allows certain employees of Australian Meat Technology Pty Limited (AMT) to be included in the Public Sector Superannuation (PSS) scheme. Specifically, it permits former employees of the Commonwealth Scientific and Industrial Research Organisation (CSIRO) who were PSS members while employed by CSIRO to continue their PSS membership after transferring to employment with AMT. This continuity ensures that the superannuation entitlements of these employees remain unaffected by the change in employment. The Declaration applies retrospectively to 3 December 1993, the date when the transfers from CSIRO to AMT commenced. Those who transferred before the notification of the Declaration in the Gazette must have elected to remain PSS members and paid all contributions due before the gazettal date.
The Declaration imposes several obligations on the parties involved. It requires that the AMT employees who were previously employed by CSIRO and were PSS members must elect to remain in the PSS scheme if they transfer to AMT. They must also ensure that they have made full payment of all contributions due for the period from 3 December 1993. Additionally, if an AMT employee becomes a member of another superannuation scheme (other than the PSS scheme or a scheme based solely on performance pay), they will cease to be a member of the PSS scheme. The Declaration also stipulates that these membership arrangements apply only while AMT remains under the control of the Commonwealth.
In terms of consequences, failure to comply with the obligations outlined in the Declaration could result in the affected employees losing their PSS membership and potentially facing financial penalties. However, the specific penalties or consequences for non-compliance are not detailed in the explanatory statement. The Declaration, being a statutory rule, is subject to disallowance under section 45 of the Superannuation Act 1990 and the Statutory Rules Publication Act 1903. The rules governing the disallowance and the specific penalties for breach are not outlined in the explanatory statement provided.