Superannuation (PSS) Membership Inclusion Declaration No. 4 1991 No. 424
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 424
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 for 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 Rule and cited as "Superannuation (PSS) Membership Inclusion Declaration No. 4" specifies certain employees of the Northern Land Council (the Council) who may be members of the PSS scheme.
The Council is an Aboriginal Land Council established under the Aboriginal Land Rights - (Northern Territory) Act 1976. The Council is not staffed under the Public Service Act 1922 and is not an approved authority for the purposes of the Act. As a consequence, employees of the Council in general do not have access to the PSS scheme.
It is intended that persons who were members of the PSS scheme immediately before becoming employed by the Council should be permitted to remain members. To achieve this it is intended that the persons concerned be declared in a class of persons to which section 6 of the Act applies.
The Declaration contained in the Statutory Rule provides that employees of the Council shall become PSS members if, immediately before becoming such employees, they were PSS scheme members or had made an election under the Superannuation Act 1976 to become PSS scheme members, but do not become members of another scheme applying to employment with the Council.
Persons who are members of the PSS scheme to whom the mobility provisions of Divisions 2 or 3 of Part IV of the Public Service Act 1922 apply are covered under the existing provisions of the Act and are excluded from the scope of the Declaration.
In accordance with section 45 of the Act, 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 Declaration operates with effect from the date of gazettal.
Overview
The Superannuation (PSS) Membership Inclusion Declaration No. 4, issued under the Superannuation Act 1990, was enacted to address the gap in superannuation scheme coverage for certain employees of the Northern Land Council. The Northern Land Council, established under the Aboriginal Land Rights - (Northern Territory) Act 1976, is not an approved authority under the Public Service Act 1922, and thus its employees generally do not have access to the Public Sector Superannuation (PSS) scheme. This Statutory Rule, issued by the authority of the Minister for Finance, seeks to rectify this by declaring specific employees of the Council eligible for the PSS scheme. The objective is to ensure continuity for employees who were PSS members prior to their employment with the Council, while excluding those already covered under the mobility provisions of the Public Service Act 1922.
Scope and Application
The Superannuation (PSS) Membership Inclusion Declaration No. 4, issued under the Superannuation Act 1990, extends the application of the Public Sector Superannuation (PSS) scheme to certain employees of the Northern Land Council. These employees, who are not covered under the Public Service Act 1922 and thus do not generally have access to the PSS scheme, will be included if they were existing members of the PSS scheme or had made an election to become PSS members before their employment with the Council. The inclusion does not extend to those who are subject to the mobility provisions of Divisions 2 or 3 of Part IV of the Public Service Act 1922. This Declaration is intended to allow continuity for employees who were already PSS members prior to their employment with the Council. The Declaration is a Statutory Rule, which is subject to disallowance under the Acts Interpretation Act 1901, and it comes into effect on the date of its gazettal.
Key Provisions
The main operative sections of the Superannuation (PSS) Membership Inclusion Declaration No. 4, 1991, include section 6 of the Superannuation Act 1990, which specifies the criteria for membership in the Public Sector Superannuation (PSS) scheme. Under paragraph 6(1)(j), the Minister for Finance can declare specific individuals or classes of individuals to be eligible for PSS membership. This particular declaration aims to include certain employees of the Northern Land Council (the Council) in the PSS scheme. The Declaration states that employees of the Council who were previously PSS members or had elected to join the PSS scheme before their employment with the Council will be included in the PSS scheme, provided they do not become members of another superannuation scheme that applies to their employment with the Council.
The obligations and requirements imposed by this Act primarily concern the eligibility criteria for PSS membership. Employees of the Northern Land Council who meet the specified conditions—that is, those who were PSS members or had elected to join the PSS scheme prior to their employment with the Council and who do not join another scheme—are automatically included in the PSS scheme. Additionally, the declaration excludes employees who are already subject to the mobility provisions of Divisions 2 or 3 of Part IV of the Public Service Act 1922, as these provisions already cover their superannuation arrangements.
The declaration outlines specific consequences for those who do not comply with its provisions. While the statutory rules do not explicitly list offences or penalties for non-compliance, failure to adhere to the eligibility criteria set out in the declaration could result in exclusion from the PSS scheme for the affected employees. This exclusion would mean that these employees would not benefit from the superannuation entitlements and protections provided by the PSS scheme. The declaration operates with effect from the date of its gazettal, ensuring that the changes are implemented promptly and effectively.