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Superannuation (CSS) (Eligible Employees – Exclusion) Amendment Declaration 2007 (No. 1)

Authoritative Version
  • - F2007L04455
  • No longer in force
Declarations/Superannuation as made
This Declaration amends the Superannuation (CSS) (Eligible Employees – Exclusion) Declaration 2003 (the Principal Declaration) in order to exclude certain Mersey Hospital APS Employees, from membership of the CSS.
Administered by: Finance
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 42
Registered 22 Nov 2007
Tabling HistoryDate
Tabled HR12-Feb-2008
Tabled Senate12-Feb-2008
Date of repeal 19 Mar 2014
Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014

explanatory statement

Issued by the authority of the Minister for Finance and Administration

Superannuation Act 1976

Declaration under paragraph (j) of the definition of eligible employee included in subsection 3(1)

Superannuation (CSS) (Eligible Employees– Exclusion) Amendment Declaration 2007 (No. 1)

The Superannuation Act 1976 (the Act) makes provision for, and in relation to, the Commonwealth Superannuation Scheme (CSS) for Australian Government employees and for certain other people.

Subsection 3(1) of the Act contains the definition of the term ‘eligible employee’ that describes various classes of persons who may contribute to the CSS (CSS members).  Paragraph (j) of the definition provides that the Minister may declare a class of persons not to be CSS members.

The Superannuation (CSS) (Eligible Employees – Exclusion) Declaration 2003 (the Principal Declaration) identifies the persons who are declared not to be CSS members under paragraph (j) of the definition of ‘eligible employee’.

The purpose of the Superannuation (CSS) (Eligible Employees – Exclusion) Amendment Declaration 2007 (No. 1) (the Amending Declaration) is to amend the Principal Declaration in order to exclude certain Mersey Hospital APS Employees, from membership of the CSS.

As the Amending Declaration affects Mersey Hospital APS Employees, the Department of Health and Ageing was consulted.

The Amending Declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is subject to disallowance but not sunsetting.

The Amending Declaration commences on the day after registration on the Federal Register of Legislative Instruments.

The details of the Amending Declaration are explained in the Attachment.

 

Attachment

Superannuation (CSS) (Eligible Employees – EXclusion) Amendment Declaration 2007 (No. 1)

Section 1- Name of Declaration

This section provides that the name of the Declaration is the Superannuation (CSS) (Eligible Employees – Exclusion) Amendment Declaration 2007 (No. 1).

Section 2 - Commencement

This section provides for the Declaration to commence on the day after it is registered.

Section 3 – Amendments to the Superannuation (CSS) (Eligible Employees– Exclusion) Declaration 2003

This section amends the Superannuation (CSS) (Eligible Employees – Exclusion) Declaration 2003 (the Principal Declaration) by inserting in Part 3 of the Principal Declaration a new paragraph 7(1)(o), which excludes Mersey Hospital APS Employees from membership of the CSS, unless they were CSS members immediately before becoming such employees.

This allows a person who is a member of the CSS because of particular employment, to retain their membership if they become a Mersey Hospital APS Employee.

A Mersey Hospital APS Employee is defined in the Public Service Act 1999 ‑ Determination under subsection 24(3), made on 30 October 2007, as an APS employee in the Department of Health and Ageing who performs duties in the Mersey Hospital, Tasmania.