Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2011 (No. 1)

Administered by Department of Finance

Legislation au F2011L01383 Not in force Legislative Instrument

Legislation content

explanatory statement

Issued by the authority of Minister for Finance and Deregulation

Superannuation Act 2005

Declaration under paragraph 13(1)(b)

The Superannuation Act 2005 (the 2005 Act) makes provision for and in relation to the Public Sector Superannuation Accumulation Plan (PSSAP) for public sector employees and certain other persons. 

Section 13 of the Act specifies the various persons who are eligible to become members of the PSSAP.  Paragraph 13(1)(a) provides that a public sector employee is eligible to become a PSSAP member.  Paragraph 13(1)(b) provides that the Minister may declare a person to be eligible to become a PSSAP member.

The Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005 (the Principal Declaration) made under paragraph 13(1)(b) of the 2005 Act identifies those persons who are declared to be eligible to become PSSAP members.

The purpose of the Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2011 (No. 1) (the Declaration) is to amend the Principal Declaration to reflect that the Australian Reward Investment Alliance (ARIA) (formerly the PSS/CSS Board) is now known as the Commonwealth Superannuation Corporation (CSC).  The PSSAP membership arrangements for employees of CSC are consistent with those that were previously in place for ARIA employees.  In addition, the Declaration amends the Principal Declaration to replace outdated references to the Board with references to CSC, and omit redundant provisions.

The Governance of Australian Government Superannuation Schemes Act 2011 (the Governance Act) established CSC as the consolidated trustee responsible for managing the main Commonwealth civilian and military superannuation schemes.  CSC was created by continuing in existence the body corporate that was formerly called ARIA. 

ARIA was consulted on the amendments contained in the Declaration.

The Declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Declaration commences on the commencement of the Governance Act.

The details of the Declaration are explained in the Attachment.


ATTACHMENT

SUPERANNUATION (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2011 (No. 1)

Section 1 - Name of Declaration

This section provides that the name of the Declaration is the Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2011 (No. 1).

Section 2 - Commencement

This section provides for the Declaration to commence on commencement of the Governance of Australian Government Superannuation Schemes Act 2011 (the Governance Act).

Section 3 - Amendments to the Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005

This section provides that Schedule 1 of the Declaration amends the Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005 (the Principal Declaration).

Schedule 1 - Amendments

Item 1 omits the definition of ‘Board’ from the Principal Declaration.  As CSC is the trustee of the PSSAP under the Governance Act, the definition of ‘Board’ is no longer required.

Item 2 inserts a definition of CSC, short for Commonwealth Superannuation Corporation, for the purposes of the Principal Declaration.  CSC is given the same meaning as in the Governance Act.  Section 4 of the Governance Act defines CSC as the body corporate continued in existence by section 5 of Governance Act.  Section 5 of the Governance Act provides that the board formerly known as the Australian Reward Investment Alliance (ARIA), established under section 20 of the Superannuation Act 1990, will continue as the same body corporate under the new name of CSC.

Item 3 omits paragraph 4(2)(b) from the Principal Declaration.  This paragraph sets out when persons covered by item 4 of the Schedule to the Principal Declaration cease to be eligible to become a PSSAP member.  As item 4 of the Schedule to the Principal Declaration was omitted by a previous amendment, paragraph 4(2)(b) was redundant.

Item 4 substitutes paragraph 4(2)(g) of the Principal Declaration, which described the circumstances that resulted in PSSAP membership of employees of the PSS/CSS Board (that is, ARIA) ceasing, with a new paragraph relating to employees of CSC.


New paragraph 4(2)(g) provides that PSSAP membership ceases for a person who has such membership through item 9 of the Schedule, which relates to employees of CSC, when any of the following circumstances arise:

  • the person ceases employment with CSC; or
  • the person becomes a member of an alternative superannuation scheme.

These are the same circumstances in which membership ceased for an employee of ARIA.

Item 5 omits a reference to the Board at paragraph (c) of item 1 of Schedule 1, and substitutes a reference to CSC.  As CSC is the trustee of the PSSAP under the Governance Act, CSC exercises the function referred to in this paragraph.

Item 6 substitutes item 9 in Schedule 1, which allowed ARIA employees to be PSSAP members, with a new item.  The new item allows employees of CSC, in certain circumstances, to be PSSAP members.

Under the new item 9, a person who becomes an employee of CSC can be a PSSAP member, provided he or she meets one of the following criteria:

  • the employee is employed by CSC on a permanent basis, and, immediately before becoming so employed, was an ordinary-employer sponsored member, as defined in the Principal Declaration, in respect of other employment; or
  • immediately before becoming employed by CSC, the employee was a PSSAP member but was not an ordinary employer-sponsored member in respect of other employment and made an election in a form approved by CSC to be eligible to be a PSSAP member in relation to their CSC employment; or
  • the employee is in non-permanent employment with CSC and made an election in a form approved by CSC to be eligible to be a PSSAP member.

Those individuals that were covered by former item 9 as employees of ARIA are now covered by the substituted item as employees of CSC.

Overview

The Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2011 (No. 1) was enacted to amend the Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005, addressing the need to update references and eligibility criteria following the establishment of the Commonwealth Superannuation Corporation (CSC) under the Governance of Australian Government Superannuation Schemes Act 2011. This amendment ensures that the Public Sector Superannuation Accumulation Plan (PSSAP) membership eligibility criteria remain current and reflect the consolidation of superannuation schemes. The Declaration was issued under the authority of the Minister for Finance and Deregulation and commenced on the commencement of the Governance Act. Its purpose is to replace outdated references to the former Australian Reward Investment Alliance (ARIA) with references to the CSC and to remove redundant provisions within the Principal Declaration, thereby maintaining the integrity and functionality of the PSSAP membership framework.

Scope and Application

The Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2011 (No. 1) amends the Principal Declaration made under the Superannuation Act 2005, clarifying the eligibility criteria for membership in the Public Sector Superannuation Accumulation Plan (PSSAP). The amendment reflects the establishment of the Commonwealth Superannuation Corporation (CSC) under the Governance of Australian Government Superannuation Schemes Act 2011, replacing the Australian Reward Investment Alliance (ARIA). The Declaration applies to employees of CSC who meet specific conditions, such as being employed on a permanent basis or having previously been members of the PSSAP or another superannuation scheme. The amendment also removes outdated references to ARIA and obsolete provisions, ensuring the continued eligibility of relevant employees for PSSAP membership. The changes made by the Declaration are effective from the commencement of the Governance Act, ensuring a seamless transition in the management and eligibility criteria for the PSSAP.

Key Provisions

The Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2011 (No. 1) amends the existing Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005 to reflect changes in the governance structure of the Public Sector Superannuation Accumulation Plan (PSSAP). Specifically, the Declaration updates references from the Australian Reward Investment Alliance (ARIA) to the Commonwealth Superannuation Corporation (CSC), which now serves as the consolidated trustee for the main Commonwealth civilian and military superannuation schemes (section 3). This change aligns with the Governance of Australian Government Superannuation Schemes Act 2011, which established CSC by continuing the corporate entity formerly known as ARIA (section 3). The Declaration imposes specific eligibility criteria for PSSAP membership, particularly for employees of the CSC. According to the amended provisions, employees of CSC can become PSSAP members if they are employed on a permanent basis and were previously ordinary-employer sponsored members, or if they were previously PSSAP members but not ordinary employer-sponsored members and made an election to be eligible for CSC employment (Schedule 1, Item 9). Additionally, employees in non-permanent positions with CSC can also become PSSAP members if they make an election in a form approved by CSC (Schedule 1, Item 9). Entities governed by this Declaration must ensure that their employees meet the updated eligibility criteria and that any required elections or documentation are properly managed and submitted to CSC. Failure to comply with these requirements can result in disqualification from PSSAP membership. The Declaration does not specify any criminal or civil penalties for non-compliance; however, any breach of the stipulated eligibility criteria would directly impact an individual’s ability to be a PSSAP member. Under the Declaration, PSSAP membership for employees of CSC ceases if the employee ceases employment with CSC or becomes a member of an alternative superannuation scheme (Schedule 1, Item 4(2)(g)). This mirrors the conditions under which membership would have ceased for ARIA employees. The Declaration also removes redundant provisions and outdated references to the Board, ensuring the legislation remains current and effective.

Legal classification tags

Area of Law
Superannuation Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Repeal & Amendment
Definitions & Interpretation
Licensing & Registration

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.