{"id":"C2004L05832","name":"Productivity Employee Exclusion Declaration No. 2","slug":"productivity-employee-exclusion-declaration-no-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"169 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":27972,"registerId":"commonwealth-C2004L05832-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Productivity Employee Exclusion Declaration No. 2","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)Statutory Rules 1990 No. 1691\n\n![](image.002.png)Declaration under the Superannuation Act\n\n1976\n\nI, RALPH WILLIS, Minister for Finance, hereby make the following declaration under section 110E of the Superannuation Act 1976.\n\nDated 20 June 1990.\n\nRALPH WILLIS   Minister for Finance\n\n![](image.003.png)DECLARATION UNDER SECTION 110e OF THE   SUPERANNUATION ACT 1976\n\nCitation\n\n1.  This Declaration may be cited as “Productivity Employee Exclusion Declaration No. 2”.\n\n\nCommencement\n\n2.    This Declaration has effect from 1 July 1990.\n\nExclusions\n\n3.    Eligible employees who are employees of, or holders of a statutory office with, the Australian National Railways Commission, are not “productivity employees” for the purposes of Part VIA of the Superannuation Act 1976.\n\n![](image.004.png)NOTE\n\n1. Notified in the Commonwealth of Australia Gazette on 29 June 1990.\n","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2114},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration maintains its original narrow purpose. It performs exactly one function: excluding Australian National Railways Commission employees from the 'productivity employee' classification under Part VIA of the Superannuation Act 1976. There is no evidence of scope creep or expansion beyond this specific targeted exclusion."},"complexity_factors":["Only 3 operative clauses total","No interpretation section or defined terms (relies entirely on parent Act)","Single, unambiguous exclusion with no exceptions or sub-conditions","Minimal cross-referencing (only to Part VIA of the enabling Act)"],"plain_english_summary":"**What this does:** This declaration stops employees of the Australian National Railways Commission (ANRC) from being treated as \"productivity employees\" under Commonwealth superannuation rules.\n\n**Who it affects:** Anyone employed by, or holding a statutory office (a position created by legislation) with, the Australian National Railways Commission who qualifies as an \"eligible employee\" under the Superannuation Act 1976.\n\n**Why it matters:** Being a \"productivity employee\" meant participating in a specific superannuation scheme (Part VIA of the Superannuation Act) that involved productivity-related contributions or benefits. By excluding ANRC workers, this declaration ensures they are **not** covered by that scheme and instead fall under different superannuation arrangements.\n\n**In practical terms:** If you worked for the national railways, this rule meant you were kept out of a specific bonus-style superannuation plan that applied to other government workers, keeping your retirement savings under the standard rules instead."}},"importantCases":[],"_links":{"self":"/api/acts/productivity-employee-exclusion-declaration-no-2","history":"/api/acts/productivity-employee-exclusion-declaration-no-2/history","analysis":"/api/acts/productivity-employee-exclusion-declaration-no-2/analysis","conflicts":"/api/acts/productivity-employee-exclusion-declaration-no-2/conflicts","importantCases":"/api/acts/productivity-employee-exclusion-declaration-no-2/important-cases","documents":"/api/acts/productivity-employee-exclusion-declaration-no-2/documents"}}