Superannuation (PSS) Membership Inclusion Declaration No. 7

Overview

The Superannuation (PSS) Membership Inclusion Declaration No. 7 1992 was enacted to amend the existing framework for the Public Sector Superannuation (PSS) scheme established under the Superannuation Act 1990. This legislation was introduced to address technical inaccuracies within the previously gazetted statutory rule, specifically rectifying the reference to the amended title of the Repatriation Institutions (Transfer) Act 1992. By issuing this declaration, the Minister for Finance ensures the correct application of the PSS scheme to affected individuals, aligning it with the legislative changes brought about by the new act. The amendments are purely technical and do not alter the fundamental provisions of the statutory rule, ensuring that the PSS scheme remains effective and compliant from 1 July 1992 onwards. This legislative action is critical for maintaining the integrity and operational efficiency of the PSS scheme as it integrates with other relevant acts.

Scope and Application

The Superannuation (PSS) Membership Inclusion Declaration No. 7 1992 amends the Superannuation (PSS) Membership Inclusion Declaration No.3, gazetted as Statutory Rule 1991/463, to ensure the correct application of the Superannuation Act 1990 in relation to the Public Sector Superannuation (PSS) scheme. This amendment specifically rectifies a reference to the amended title of the Repatriation Institutions (Transfer) Act 1992, ensuring that the technical provisions remain effective and properly aligned with the legislative changes. This declaration, issued by authority of the Minister for Finance, allows the inclusion of certain persons as members of the PSS by virtue of a written declaration. The declaration applies to Commonwealth employees and other specified individuals, as outlined in Section 6 of the Act, and operates from 1 July 1992. This statutory rule is subject to disallowance under Section 46A of the Acts Interpretation Act 1901 and is considered a Statutory Rule under the Statutory Rules Publication Act 1903.

Key Provisions

The Superannuation (PSS) Membership Inclusion Declaration No. 7, 1992 (Statutory Rule 1992 No. 214) amends the inclusion of certain persons as members of the Public Sector Superannuation (PSS) scheme under the Superannuation Act 1990. Specifically, section 6(1)(j) of the Act allows for the Minister for Finance to declare in writing that a person shall be a member of the PSS scheme. This declaration, detailed in the Statutory Rule, corrects the reference to the amended title of the Repatriation Institutions (Transfer) Act 1992, ensuring technical accuracy and alignment with the legislative framework. The amendments do not alter the substantive provisions but are necessary to facilitate the correct implementation of the PSS scheme as it pertains to the first repatriation institution transfer on 1 July 1992. The obligations and requirements imposed by this Statutory Rule pertain primarily to the Minister for Finance, who must declare in writing the inclusion of specified persons as PSS members under section 6(1)(j) of the Superannuation Act 1990. This declaration is a critical administrative step to ensure that the correct individuals are eligible for membership in the PSS scheme. It is a technical adjustment designed to maintain the integrity and functionality of the superannuation scheme as it applies to Commonwealth employees and certain other persons. The rule also mandates that these declarations be made in accordance with the legislative requirements of the Acts Interpretation Act 1901 and the Statutory Rules Publication Act 1903, thereby ensuring that the Statutory Rule is properly published and recognised. Under the Superannuation Act 1990, any failure to comply with the requirements of the Statutory Rule, including the timely and accurate declaration of PSS membership, could potentially lead to administrative or legal consequences. However, the Explanatory Statement for Statutory Rule 1992 No. 214 does not explicitly detail specific offences or penalties associated with non-compliance. It is important for the Minister for Finance and relevant stakeholders to adhere to the prescribed procedures to avoid any adverse implications. The Statutory Rule is designed to be a technical amendment, and its primary focus is on ensuring the correct application of the PSS scheme in alignment with the legislative framework, rather than imposing punitive measures for non-compliance.