Federal Register of Legislation - Australian Government

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Deeds & Trust Deeds as made
This Deed amends the Rules of the Public Sector Superannuation Scheme (PSS) to ensure that any amounts that have been released on severe financial hardship or compassionate grounds are taken into account when determining the amount available for Family Law superannuation splitting.
Administered by: Finance
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 42
Registered 24 Dec 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Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014

THIRTIETH AMENDMENT

of the

PUBLIC SECTOR SUPERANNUATION SCHEME TRUST DEED

 

THIS DEED is made on 19th December 2007        by THE COMMONWEALTH OF AUSTRALIA.

WHEREAS section 4 of the Superannuation Act 1990 (the Act) provides for the Minister to establish an occupational superannuation scheme to be administered by the Board established under section 20 of the Act (the Board);

AND WHEREAS the Public Sector Superannuation Scheme (the PSS) was established by a Trust Deed dated 21 June 1990 (the Trust Deed)[1];

AND WHEREAS the Schedule to the Trust Deed contains Rules for the administration of the PSS (the Rules);

AND WHEREAS the Trust Deed and the Rules have been amended from time to time by various Deeds;

AND WHEREAS section 5 of the Act provides for the Minister, by instrument in writing, to amend the Trust Deed, and requires the consent of the Board to amendments in certain circumstances;

AND WHEREAS the Board has consented to the amendments provided for in this Deed.

NOW THIS DEED WITNESSES as follows:

1.         Commencement of amendments

The amendments in this Deed take effect immediately after the commencement of clause 6 of the Twenty-ninth Amending Deed.

2.         Interpretation

Unless a contrary intention appears, a word or phrase in this Deed has the same meaning that it has in the Trust Deed and the Rules.

In this Deed Twenty-ninth Amending Deed means the deed registered on the Federal Register of Legislative Instruments on 31 August 2007 (Legislative Instrument number F2007L03519).

 

 

 

 

 

 

Clause 3 – Technical amendments concerning early release of benefits

3.         The Rules are amended as follows:

3.1       Rule 16.1.2 is amended by replacing the definition of additional accumulation amount with the following definition:

additional accumulation           in relation to a member spouse who is, or has been at any

amount                                       time, a member, is the amount, if any, that would become payable if the accumulated transfer amount became payable as a lump sum at the operative time, less any part of that amount that would relate to the early release deduction amount.”

3.2       Rule 16.1.2 is amended by replacing the definition of member contributions amount with the following definition:

member contributions              in relation to a member spouse who is, or has been at any

amount                                       time, a member, is the amount that would become payable if the accumulated member contributions became payable as a lump sum at the operative time, less any part of that amount that would relate to the early release deduction amount.”

3.3       Rule 16.1.2 is amended by replacing the definition of productivity contributions amount with the following definition:

productivity contributions       in relation to a member spouse who is, or has been at any

amount                                       time, a member, is the amount that would become payable if the accumulated productivity contributions became payable as a lump sum at the operative time, less any part of that amount that would relate to the early release deduction amount.”

3.4       Rule 16.8.1 is amended by replacing the first-mentioned formula with the following formula:

“ABM × AS × ABFy+m,s + AMC × (1 - MCFy+m,s) + APC × (1 - PCFy+m,s) + ATA - ERDA”

3.5       Rule 16.8.2 is amended by:

(a)        replacing the first-mentioned formula with the following formula:

“UDB × UDBFy+m + FDB × FDBFy+m + ATA - ERDA”

(b)        inserting the following definition after the definition of ATA:

ERDA (see Rule 16.1.2)”

3.6       Rule 16.8.3 is amended by replacing the first-mentioned formula with the following formula:

“UDB × UDBFy+m + FDB + ATA - ERDA”


IN WITNESS WHEREOF this Deed has been executed the day and year first hereinbefore written.

 

SIGNED, SEALED AND DELIVERED                      )

                                                                                    )

by the Honourable LINDSAY TANNER                     )           …Lindsay Tanner……………………..

                                                                                    )

Minister for Finance and Deregulation               )

                                                                                    )

for and on behalf of                                                       )

                                                                                    )

THE COMMONWEALTH OF                                   )

                                                                                    )

AUSTRALIA, in the presence of:                                 )

                                                                                    )

                                                                                    )

                        (name)                                                  )           …Ray Thomas……………………..

                                                                                    )

                                                                                    )

                        (address)                                              )           …106 Clauscen Street North Fitzroy..

                                                                                    )

                                                                                    )

                        (description)                                         )           …State Government Advisor………..

                                                                                    )

 


Note to the Deed:  TABLE LISTING TRUST DEED AND AMENDING DEEDS

Before 1 January 2005, section 45 of the Superannuation Act 1990 provided, in part, that instruments under subsection 5(1) of that Act amending the Trust Deed were disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901. The effect of these provisions was that amending instruments were required to be notified in the Gazette and take effect from the date of gazettal (unless the instrument provided otherwise).

From 1 January 2005, paragraph 6(d) of the Legislative Instruments Act 2003 declared disallowable instruments (such as the instruments amending the Trust Deed) to be legislative instruments. Legislative instruments are registered on the Federal Register of Legislative Instruments instead of being notified in the Gazette.

 

Date of making

Number

Gazette details / Registration details

21 June 1990

Trust Deed

GN 25, 27 June 1990, p1728

21 June 1990

First

GN 25, 27 June 1990, p1728

1 July 1991

Second

S 180, 1 July 1991

30 June 1992

Third

S 181, 1 July 1991

21 December 1992

Fourth

GN 1, 13 January 1993, p110

16 June 1993

Fifth

S 181, 18 June 1993

24 January 1994

Sixth

GN 4, 2 February 1993, p366

7 March 1994

Seventh

S 89, 15 March 1994

28 June 1993

Eighth

S 246, 29 June 1994

22 June 1995

Ninth

GN 25, 28 June 1995, p2285

29 January 1996

Tenth

S 41, 1 February 1996

10 December 1996

Eleventh

GN 50, 18 December 1996

25 March 1998

Twelfth

GN 13, 1 April 1998, p901

5 December 1999

Thirteenth

S 590, 6 December 1999

20 August 2001

Fourteenth

S 342, 22 August 2001

25 September 2001

Fifteenth

GN 39, 3 October 2001, p2972

26 June 2002

Sixteenth

S 225, 27 June 2002

3 April 2003

Seventeenth

GN 17, 30 April 2004, p 1398

Date of making

Number

Gazette details / Registration details

27 June 2003

Eighteenth

S 245, 27 June 2003

26 November 2003

Nineteenth

S 446, 1 December 2003

23 March 2004

Twentieth

S 89, 24 March 2004

9 May 2004

Twenty-first

S 146, 11 May 2004

5 July 2004

Twenty-second

S 277, 9 July 2004

9 August 2004

Twenty-third

S 330, 12 August 2004

8 June 2005

Twenty-fourth

F2005L01613, 27 June 2005

24 June 2005

Twenty-fifth

F2005L01860, 29 June 2005

22 August 2005

Twenty-sixth

F2005L02372, 25 August 2005

20 June 2006

Twenty-seventh

F2006L01969, 26 June 2006

21 June 2007

Twenty-eighth

F2007L01943, 28 June 2007

28 August 2007

Twenty-ninth

 

F2007L03519, 31 August 2007

 



[1] Section 3 of the Act defines “Trust Deed” to include that deed as subsequently amended. A note listing particulars of the Trust Deed and the amending deeds is set out at the end of this Deed.