Superannuation (PSS) Membership Inclusion Declaration No. 5

Overview

The Superannuation (PSS) Membership Inclusion Declaration No. 5, issued in 1991 under the authority of the Minister for Finance, is a statutory rule made pursuant to the Superannuation Act 1990. This legislation was enacted to address the specific issue of including certain statutory office holders and employees of the Dairy Research and Development Corporation into the Public Sector Superannuation (PSS) scheme, which was previously not accessible to them due to the Corporation not being staffed under the Public Service Act 1922 or being an approved authority for the purposes of the Superannuation Act 1990. By specifying these individuals in a new declaration, the policy objective is to ensure continuity of superannuation membership for those who were already members of the PSS scheme prior to their employment with the Corporation. This measure allows the affected employees to remain members of the PSS scheme, facilitating their transition into the new roles without disruption to their superannuation arrangements.

Scope and Application

The Superannuation (PSS) Membership Inclusion Declaration No. 5, issued under the authority of the Minister for Finance, pertains to the inclusion of certain statutory office holders and employees of the Dairy Research and Development Corporation (DRDC) within the Public Sector Superannuation (PSS) scheme, as stipulated by the Superannuation Act 1990. This Declaration aims to ensure that individuals who were members of the PSS scheme immediately prior to their employment with or appointment to the DRDC can maintain their membership in the scheme. Specifically, the Declaration applies to directors and employees of the DRDC who were PSS scheme members or had elected to become members under the Superannuation Act 1976, provided they do not become members of another scheme applicable to their employment with the Corporation. Notably, the Declaration excludes persons who are subject to the mobility provisions of Divisions 2 or 3 of Part IV of the Public Service Act 1922, as they are already covered under existing provisions of the Superannuation Act. The Declaration operates from the date of its gazettal and serves as a Statutory Rule under the Statutory Rules Publication Act 1903, subject to disallowance under the Acts Interpretation Act 1901.

Key Provisions

The key provisions of the Superannuation (PSS) Membership Inclusion Declaration No. 5 1991 No. 419, which were issued under the authority of the Minister for Finance, focus on the eligibility criteria for members of the Public Sector Superannuation (PSS) scheme. Specifically, section 6(1)(j) of the Superannuation Act 1990 specifies that individuals declared by the Minister for Finance are members of the PSS scheme. This declaration, known as the "Superannuation (PSS) Membership Inclusion Declaration No. 5," outlines that certain statutory office holders and employees of the Dairy Research and Development Corporation (DRDC) are eligible for PSS membership, a benefit generally not available to DRDC employees due to the Corporation's unique staffing arrangements. This declaration aims to ensure that employees who were PSS members prior to their employment with the DRDC can continue their PSS membership, provided they meet specific criteria. The Act imposes certain obligations on the parties involved. According to the declaration, directors and employees of the DRDC are eligible to be PSS members if they were PSS scheme members immediately before becoming employed by or holding an appointment with the DRDC, or if they had made an election under the Superannuation Act 1976 to become PSS scheme members, but have not become members of another scheme applicable to their employment with the DRDC. It is important to note that the mobility provisions of Divisions 2 or 3 of Part IV of the Public Service Act 1922 apply to PSS members, and these individuals are not covered under the scope of this declaration. The declaration also highlights the legal framework governing these provisions. It is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and a Statutory Rule under the Statutory Rules Publication Act 1903. Furthermore, the declaration repeals an existing declaration related to the DRDC, implementing several drafting changes deemed more effective in a new declaration rather than through amendments to the existing one. This declaration operates from the date of its gazette publication, ensuring that the new provisions are immediately applicable to the intended parties. Failure to comply with the provisions of this declaration could result in legal consequences, though specific offences or penalties are not detailed within the text of the declaration itself. However, given that the declaration is a Statutory Rule, any breach of its provisions may be subject to the general legal consequences applicable to breaches of Statutory Rules under Australian law, which could include fines or other penalties as prescribed by relevant legislation. The exact penalties would depend on the specific breach and the applicable legal framework. In summary, the Superannuation (PSS) Membership Inclusion Declaration No. 5 1991 No. 419 provides specific criteria for DRDC employees to maintain their PSS membership, imposes obligations on these parties to ensure compliance, and operates within a legal framework that includes the potential for disallowance and repeal of previous declarations. Any breaches of these provisions could result in legal consequences, though the specific penalties would be determined in accordance with relevant Australian legislation.