THIRTY-SIXTH AMENDMENT

of the

PUBLIC SECTOR SUPERANNUATION SCHEME TRUST DEED

THIS DEED is made on 5^th July, 2011 by THE MINISTER FOR FINANCE AND DEREGULATION.

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 under subsection 5(1A) requires the consent of the Board (the Commonwealth Superannuation Corporation (CSC)) to amendments in certain circumstances;

AND WHEREAS the consent of the Board is not required in relation to the amendments in subclauses 3.1 and 4.1;

NOW THIS DEED WITNESSES as follows:

1.         Commencement of amendments

The amendments in this Deed take effect from the later of the following times:

(a)        the day after this Deed is registered on the Federal Register of Legislative Instruments;

(b)        immediately after the commencement of Part 1 of Schedule 1 to the Remuneration and Other Legislation Amendment Act 2011.

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.

3.         Amendments – basic salary and recognised allowances for Secretaries of Departments

3.         The Rules are amended as follows:

3.1       The following Rule is inserted immediately after Rule 1.2.4:

1.2.4A             For the purposes of Rule 1.2.4(c), an assignment under subsection 14(3) of the Remuneration Tribunal Act 1973 of a Secretary to an amount of remuneration is taken to be a determination made under the Remuneration Tribunal Act 1973 in respect of the remuneration of the Secretary.

4.         Amendments - date of cessation of membership for Secretaries of Departments

4.         The Rules are amended as follows:

4.1       Rule 6.4.6 is amended by deleting the existing rule and replacing it with the following new rule:

6.4.6                For the purposes of this Division, a person who ceases to hold an office of Secretary under the Public Service Act 1999 because:

(a)        the office is abolished; or

(b)        the term of his or her appointment to the office expires; or

(c)        his or her appointment to the office is terminated before the expiration of the term of the appointment;

and who is immediately thereafter engaged under section 60 of the Public Service Act 1999, is not taken to have ceased membership for such reason until the date on which the engagement under that section ends and any entitlement to involuntary retirement benefits commences from that date.

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

SIGNED, SEALED AND DELIVERED                 )

by                                                                                )

Senator the Hon Penelope Ying Yen Wong  )           Penelope Ying Yen Wong

                                                                                    )

Minister for Finance and Deregulation                      )

                                                                                    )

                                                                                    )

in the presence of:                                                       )

                                                                                    )

VIKKI MAREE DARROUGH                    )           VIKKI MAREE DARROUGH

                        (name)                                                 )

                                                                                    )

                                                                                    )

    DEPARTMENTAL LIAISON OFFICER                        )

                        (description)                                        )

                                                                                    )

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.