Superannuation Benefits (Prescribed Requirements) Determination 2005
as amended
made under section 6 of the
This compilation was prepared on 10 July 2008
taking into account amendments up to Superannuation Benefits (Prescribed Requirements) Amendment Determination 2008 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Determination [see Note 1] 3
2 Commencement 3
3 Definitions 3
4 Prescribed requirements 5
Schedule 1 Prescribed Requirements for Provision of Superannuation Benefits 6
Notes 7
1 Name of Determination [see Note 1]
This Determination is the Superannuation Benefits (Prescribed Requirements) Determination 2005.
2 Commencement
This Determination commences on 1 July 2005.
3 Definitions
(1) In this Determination:
| 1976 Act | means the Superannuation Act 1976. |
| 1988 Act | means the Superannuation (Productivity Benefit) Act 1988. |
| 1990 Act | means the Superannuation Act 1990. |
| 1995 Exclusion Declaration | means the Superannuation (PSS) Membership Exclusion Declaration 1995 as in force at 1 July 2005 |
| 1995 Inclusion Declaration | means the Superannuation (PSS) Membership Inclusion Declaration 1995 as in force at 1 July 2005 |
| 2005 Act | means the Superannuation Act 2005. |
| SG Act | means the Superannuation Guarantee (Administration) Act 1992. |
| the Act | means the Superannuation Benefits (Supervisory Mechanisms) Act 1990. |
| complying superannuation fund | means a superannuation fund which is a complying superannuation fund for the purposes of the SG Act. |
| excluded employee | means a person who is: (a) a member of the PSS; or (b) an eligible employee under the 1976 Act; or (c) a person for whom superannuation contributions are being made under the 1988 Act; or |
| | (d) a person for whom an employer is making contributions to a complying superannuation fund or RSA who would otherwise be a person referred to in paragraph (a), (b) or (c) and the employer is not an employer specified, or included in a class of employers specified, in a Prior Determination as being allowed to establish a superannuation arrangement. |
| PSS | means the Public Sector Superannuation Scheme established by Trust Deed under the 1990 Act. |
| Prior Determination | means a determination made under section 6 of the Act prior to this Determination. |
| PSSAP member | has the same meaning as in the Trust Deed made under section 10 of the 2005 Act. |
| relevant employee | means in respect of particular employment, a person, other than an excluded employee, who is employed under a relevant law or by a relevant body and for that particular employment: (a) is employed for a fixed term which commenced on or after 1 July 2005; or (b) is employed other than for a fixed term which commenced on or after 1 July 2005; or (c) is appointed for a fixed term which commenced on or after 1 July 2005; or (d) has ceased to be a member of the PSS under section 6B of the 1990 Act; or (e) was employed before 1 July 2005, and for whom an employer was permitted to make contributions to a superannuation arrangement established under a Prior Determination. |
| RSA | has the same meaning as in the Retirement Savings Accounts Act 1997. |
(2) Terms and references defined in the Act have the same meaning in this Determination.
Note For example, Subsection 3(3) of the Act provides that:
(a) a reference to a person who is employed under a relevant law includes a reference to a person holding an office or appointment under that law; and
(b) a reference to a person who is employed by a relevant body includes a reference to a person holding an office or appointment in that body.
4 Prescribed requirements
(1) The prescribed requirements set out in Schedule 1 apply to the provision of superannuation benefits for or in relation to a relevant employee.
(2) All Prior Determinations have no application to a relevant employee on and after the date of this Determination.
Schedule 1 Prescribed Requirements for Provision of Superannuation Benefits
(section 4)
Contributions in respect of a Relevant Employee
[1] (a) Subject to paragraph (c), employers can make contributions for the purposes of the SG Act in respect of a relevant employee to any complying superannuation fund or RSA.
(b) Subject to paragraph (c), employers can make contributions in respect of a relevant employee to any complying superannuation fund or RSA in addition to the contributions referred to under paragraph (a).
(c) Paragraphs (a) and (b) do not apply in respect of a contribution made by an employer if:
(i) the contribution would be deemed to be a contribution to an alternative superannuation scheme within the meaning of the 1995 Inclusion Declaration or the 1995 Exclusion Declaration; and
(ii) the contribution would result in the relevant employee ceasing to be eligible to become a PSSAP member pursuant to section 13 of the 2005 Act; and
(iii) the contribution would not be considered to have been made in compliance with the choice of fund requirements under section 32C of the SG Act;
unless, but for this determination, the employer would have been permitted to make the contribution in accordance with a Prior Determination.
Notes to the Superannuation Benefits (Prescribed Requirements) Determination 2005
Note 1
The Superannuation Benefits (Prescribed Requirements) Determination 2005 (in force under section 6 of the Superannuation Benefits (Supervisory Mechanisms) Act 1990) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | Date of FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
| Superannuation Benefits (Prescribed Requirements) Determination 2005 | 30 June 2005 (see F2005L01906) | 1 July 2005 | |
| Superannuation Benefits (Prescribed Requirements) Amendment Determination 2008 (No. 1) | 29 June 2008 (see F2008L02337) | 1 July 2007 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
| Provision affected | How affected |
| S. 3......................................... | am. 2008 No. 1 |