I, niCK SHERRY, Minister for Superannuation and Corporate Law, acting for and on behalf of the Minister for Finance and Deregulation, make this Declaration under paragraph 6 (1) (j) of the Superannuation Act 1990.

Dated 17 March 2009

NICK SHERRY

1              Name of Declaration

                This Declaration is the Superannuation (PSS) Membership Inclusion Amendment Declaration 2009 (No. 1).

2              Commencement

                This Declaration commences on 1 April 2009.

3              Amendment of Superannuation (PSS) Membership Inclusion Declaration 2006

                Schedule 1 amends the Superannuation (PSS) Membership Inclusion Declaration 2006.

.

Schedule 1        Amendments

(section 3)

[1]           Subsection 3 (1), after definition of AWB Limited

insert

Health Services Australia Limited means the company (ACN 078 934 791) that was incorporated under the Corporations Law on 17 June 1997.

[2]           After subsection 4 (18)

insert

       (19)   Section 6 of the 1990 Act ceases to apply to a person referred to in item 26 of Schedule 1 at the end of the earlier of:

                (a)    the day on which the person ceases to be an employee of Health Services Australia Limited;

               (b)    the day immediately before the day on which the person becomes, in relation to the person’s employment with Health Services Australia Limited, a member of an alternative superannuation scheme;

                (c)    if Health Services Australia Limited ceases to be owned by Medibank – the last day on which Health Services Australia Limited is owned by Medibank; or

               (d)    if Health Services Australia Limited is owned by Medibank and Commonwealth control of Medibank ceases – the last day on which Medibank is under Commonwealth control.

[3]           Schedule 1, after item 25

insert

         26   A person who:

                (a)    either:

                            (i)     meets the following conditions:

                                    (A)       was an employee of Health Services Australia Limited on 31 March 2009;

                                    (B)       was, on 31 March 2009 and in relation to the person’s employment with Health Services Australia Limited, a member of the Public Sector Superannuation Scheme; and

                                    (C)       has not ceased in his or her employment with Health Services Australia Limited; or

                            (ii)    becomes an employee of Health Services Australia Limited on or after 1 April 2009 and immediately before becoming last so employed, was a member of the Public Sector Superannuation Scheme; and

               (b)    is not, in relation to the employment with Health Services Australia Limited, a member of an alternative superannuation scheme.

1.       This Declaration amends F2006L04171.

2.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au