Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005

as amended

made under paragraph 13 (1) (b) of the

This compilation was prepared on 1 July 2010
taking into account amendments up to Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2010 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

                        1     Name of Declaration [see Note 1]                                                          3

                        2     Commencement                                                                                  3

                        3     Definitions                                                                                           3

                        4     Persons eligible to become PSSAP members under Section 13 of the 2005 Act           4

Schedule 1             Persons eligible to become PSSAP members                                  6

Notes                                                                                                                                9

1              Name of Declaration [see Note 1]

                This Declaration is the Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005.

2              Commencement

                This Declaration commences on 1 July 2005.

3              Definitions

                In this Declaration:

1990 Act means the Superannuation Act 1990.

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.

AHPRA means the Australian Health Practitioner Regulation Agency established upon commencement of Part 2 of the Health Practitioner Regulation National Law (ACT) Act 2010 and representing the Australian Capital Territory.

alternative superannuation scheme, in relation to a person who is employed in a particular capacity, or who is the holder of a particular office:

                (a)    means a superannuation scheme to which contributions are made in relation to the person’s employment or holding of the office; but

               (b)    does not include any of the following:

                          (i)    a scheme to which contributions are made in relation to the person for:

                                   (A)     if the person is employed in a particular capacity — other employment or the holding of an office; or

                                   (B)     if the person is the holder of a particular office — other employment or the holding of another office;

                         (ii)    a scheme to the extent that membership of that scheme by the person is for the preservation, or payment, of productivity benefits;

                         (iii)    a scheme to the extent that participation in that scheme on the person’s behalf is for purposes solely related to satisfying obligations under the Superannuation Guarantee (Administration) Act 1992;

                        (iv)    a scheme to which contributions are made in relation to the person only in relation to performance pay;

                         (v)    for a prescribed person — a scheme of which the person is taken, under subsection (2), to be a member for top-up purposes.

Example

If a person is a member, and is making voluntary contributions to an RSA without any employer contributions, the RSA will not be an alternative superannuation scheme. However, if the person’s employer makes contributions to the RSA, above the superannuation guarantee rate, the RSA will be an alternative superannuation scheme.

Board has the same meaning as in the 2005 Act.

Calvary Commencement Date means the date the Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2008 commenced.

Commencement Date means the date the Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2006 commenced.

ordinary employer‑sponsored member has the same meaning as in the 2005 Act.

PSS has the same meaning as in the 2005 Act.

PSSAP means the Public Sector Superannuation Accumulation Plan established by Trust Deed in accordance with section 10 of the 2005 Act.

PSSAP member has the same meaning as in the Trust Deed made under section 10 of the 2005 Act.

4              Persons eligible to become PSSAP members under Section 13 of the 2005 Act

         (1)   Subject to subsection (2), a person listed in Schedule 1 is eligible to become a PSSAP member.

         (2)   Subsection (1) will cease to apply to a person referred to:

                (a)    in item [3] of the Schedule, when the controlling interest in ACTTAB Limited is no longer held in accordance with subsection 3 (4) of the 1995 Inclusion Declaration; and

               (b)    item [4] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (7) of the 1995 Inclusion Declaration; and

                (c)    in item [5] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (10) of the 1995 Inclusion Declaration; and

               (d)    in item [6] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (11) of the 1995 Inclusion Declaration; and

                (e)    in item [7] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (12) of the 1995 Inclusion Declaration; and

                (f)    in item [8] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (13) of the 1995 Inclusion Declaration; and

                (g)    in item [9] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (16) of the 1995 Inclusion Declaration; and

                (h)    in item [12] of the Schedule, at the end of earlier of:

                          (i)    the day on which the person ceases to be an employee of AHPRA;

                         (ii)    the day immediately before the day on which the person becomes, in relation to the person’s employment with AHPRA, a member of an alternative superannuation scheme; or

                         (iii)    if AHPRA ceases to be a statutory authority of the Australian Capital Territory — the last day on which AHPRA is a statutory authority.

Schedule 1        Persons eligible to become PSSAP members

(section 4)

[1]            A person who:

                (a)    becomes an employee under subsection 120 (3) of the Australian Securities and Investments Commission Act 2001 on or after 1 July 2005; and

               (b)    holds office as a Regional Commissioner under section 96 of that Act; and

                (c)    has elected in writing in a form approved by the Board to be eligible to be a PSSAP member.

[2]            A person who:

                (a)    becomes an employee of the Northern Land Council (Council) on or after 1 July 2005; and

               (b)    meets the requirements set out in paragraph (c) and, if applicable, paragraph (d) of item 4 of the 1995 Inclusion Declaration; and

                (c)    immediately before last becoming an employee of the Council, was an ordinary employer‑sponsored member in respect of other employment.

[3]            A person who:

                (a)    becomes an employee of ACTTAB Limited on or after 1 July 2005; and

               (b)    meets the requirements set out in sub paragraph (b) (ii), if applicable, and paragraph (c) of item 11 of the 1995 Inclusion Declaration; and

                (c)    immediately before last becoming an employee of ACTTAB Limited, was an ordinary employer‑sponsored member in respect of other employment.

[5]            A person who:

                (a)    becomes an employee of the Australian Government Solicitor on or after 1 July 2005; and

               (b)    meets the requirements set out in paragraphs (a) and (c) of item 18 of the 1995 Inclusion Declaration; and

                (c)    immediately before last becoming an employee of the Australian Government Solicitor, was an ordinary employer‑sponsored member in respect of other employment.

[6]            A person who:

                (a)    becomes an employee of the Sydney Harbour Federation Trust (the Trust) on or after 1 July 2005; and

               (b)    meets the requirements set out in paragraph (b) of item 19 of the 1995 Inclusion Declaration; and

                (c)    immediately before last becoming an employee of the Trust, was a PSSAP member.

[7]            A person who:

                (a)    becomes an employee of Australian Training Products Limited (ATP Ltd) on or after 1 July 2005; and

               (b)    meets the requirements set out in paragraphs (a) and (c) of item 20 of the 1995 Inclusion Declaration; and

                (c)    immediately before becoming such an employee of ATP Ltd, was an ordinary employer‑sponsored member in respect of employment with the Australian National Training Authority.

[8]            A person who:

                (a)    becomes an employee of the Australian Strategic Policy Institute Limited (ASPI Ltd) on or after 1 July 2005; and

               (b)    meets the requirements set out in paragraphs (a) and (c) of item 21 of the 1995 Inclusion Declaration; and

                (c)    immediately before becoming such an employee of ASPI Ltd, was a PSSAP member.

[9]            A person who:

                (a)    becomes an employee of the PSS/CSS Board on or after 1 July 2005; and

               (b)    either:

                          (i)    is employed by the PSS/CSS Board on a permanent basis and immediately before becoming so employed was an ordinary employer‑sponsored member in respect of other employment; or

                         (ii)    immediately before becoming so employed, was a PSSAP member but was not an ordinary employer‑sponsored member in respect of other employment and the person made an election in a form approved by the Board to be eligible to be a PSSAP member in relation to the person’s employment with the PSS/CSS Board; or

                         (iii)    is in non‑permanent employment with the PSS/CSS Board and the person made an election in a form approved by the Board to be eligible to be a PSSAP member.

[10]          A person who:

                (a)    immediately before the Commencement Date, was employed by the Australian Capital Territory; and

               (b)    immediately before the Commencement Date, was an ordinary employer‑sponsored member in respect of that employment,

for so long as that person continues to be employed by that employer on and after the Commencement Date.

[11]          A person who:

                (a)    immediately before the Calvary Commencement Date, was employed by Calvary Health Care ACT Limited; and

               (b)    immediately before the Calvary Commencement Date, was an ordinary employer-sponsored member in respect of that employment,

for so long as that person continues to be employed by that employer on and after the Calvary Commencement Date.

[12]          A person who:

                (a)    becomes an employee of AHPRA, during the period 1 July 2010 to 1 July 2013 inclusive; and

               (b)    immediately before becoming so employed was an ordinary employer-sponsored member employed under the Public Sector Management Act 1994 of the Australian Capital Territory; and

                (c)    immediately before becoming so employed was performing duties for AHPRA in accordance with the document entitled ‘Memorandum of Understanding between AHPRA and the Department of ACT Health regarding the the transition of staff to the National Registration and Accreditation Scheme’ and dated March 2010.

Notes to the Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005

Note 1

The Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005 (in force under paragraph 13 (1) (b) of the Superannuation Act 2005) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

(a)    Section 2 of the Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2008 provides as follows:

This Declaration comes into effect immediately after the Superannuation (PSSAP) Approved Authority Exclusion Amendment Declaration 2008 commences.

The Superannuation (PSSAP) Approved Authority Exclusion Amendment Declaration 2008 commenced on 16 April 2008.

Table of Amendments