Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005

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

Superannuation Act 2005

Compilation No. 6

Compilation date:                              27 June 2015

Includes amendments up to:            Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2015
(No. 2)

Registered:                                         2 July 2015

This compilation includes retrospective amendments made by F2015L00902

About this compilation

This compilation

This is a compilation of the Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005 that shows the text of the law as amended and in force on 27 June 2015 (the compilation date).

This compilation was prepared on 30 June 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Name of Declaration...................................................................................................... 1

2............ Commencement............................................................................................................. 1

3............ Definitions..................................................................................................................... 1

4............ Persons eligible to become PSSAP members under Section 13 of the 2005 Act.......... 2

Schedule 1—Persons eligible to become PSSAP members                             4

Endnotes                                                                                                                                                                 7

Endnote 1—About the endnotes                                                                                                        7

Endnote 2—Abbreviation key                                                                                                            8

Endnote 3—Legislation history                                                                                                         9

Endnote 4—Amendment history                                                                                                     10

1  Name of Declaration

                   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.

APRA means the Australian Prudential Regulation Authority established by the Australian Prudential Regulation Authority Act 1998.

Australian Hearing Services means the body corporate established under Part 2 of the Australian Hearing Services Act 1991.

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.

CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.

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

PHIAC means the Private Health Insurance Administration Council established by the National Health Act 1953 and continued in existence under Part 6-3 of the Private Health Insurance Act 2007.

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

                     (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 earlier of:

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

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

                     (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.

                      (i)  in item [13] of the Schedule, at the end of the earlier of:

                              (i)  the day on which the person ceases to be an employee of Australian Hearing Services; and

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

                            (iii)  if Australian Hearing Services ceases to be a corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013—the last day on which Australian Hearing Services is a corporate Commonwealth entity; and

                      (j)  in item [14] of the Schedule, at the end of the earlier of:

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

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

                            (iii)  if APRA ceases to be a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 – the last day on which APRA is a Commonwealth entity.

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 CSC 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 CSC on or after 1 July 2005; and

                     (b)  either:

                              (i)  is employed by CSC 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 CSC to be eligible to be a PSSAP member in relation to the person’s employment with CSC; or

                            (iii)  is in non‑permanent employment with CSC and the person made an election in a form approved by CSC 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.

[13]             A person who:

                     (a)  is an employee of Australian Hearing Services; and

                     (b)  in respect of whom contributions were accepted, purportedly under the Act, on or after 1 July 2005, in relation to the person’s employment with Australian Hearing Services; and

                     (c)  is not, in relation to the person’s employment with Australian Hearing Services, a member of an alternative superannuation scheme.

[14]             A person who:

                     (a)  became, or becomes, an employee of APRA as a result of item 31 of Part 3 of Schedule 2 to the Private Health Insurance (Prudential Supervision) (Consequential Amendments and Transitional Provisions) Act 2015; and

                     (b)  immediately before becoming so employed, was an ordinary employer-sponsored member of PSSAP in respect of employment with PHIAC; and

                     (c)  is not, in relation to the person’s employment with APRA, a member of an alternative superannuation scheme.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history