{"id":"F2008B00142","name":"Superannuation (CSS) Productivity Employee Inclusion Declaration No. 2","slug":"superannuation-css-productivity-employee-inclusion-declaration-no-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"29 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72648,"registerId":"commonwealth-F2008B00142-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (CSS) Productivity Employee Inclusion Declaration No. 2","content":"![](image.001.png)\n\nStatutory Rules 1994 No. 291\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSuperannuation (CSS) Productivity Employee Inclusion Declaration No. 2\n\nI, kim christian beazley, Minister for Finance, make the following Declaration under section 110F of the Superannuation Act 1976.\n\nDated 14 February 1994.\n\nKIM C. BEAZLEY\n\nMinister for Finance\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. This Declaration may be cited as Superannuation (CSS) Productivity Employee Inclusion Declaration No. 2.\n\nCommencement\n\n2. This Declaration is taken to have commenced on 1 July 1992.\n\nInterpretation\n\n3. In this Declaration:\n\n“the Act” means the Superannuation Act 1976.\n\nProductivity Employees\n\n4. An eligible employee who is an employee of the Legal Aid Commission of New South Wales is declared to be a productivity employee for the purposes of Part VIA of the Act.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nNOTE\n\n> Note: 1. Notified in the Commonwealth of Australia Gazette on 4 March 1994.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Declaration does not alter the Superannuation Act itself; it applies an existing Part (Part VIA) of the Act to a specified set of employees. Mechanically, it adds eligible employees of the Legal Aid Commission of New South Wales to the class of productivity employees for Part VIA and backdates that classification to 1 July 1992 (see s.4 and s.2). It therefore extends the application of Part VIA to that group but does not change the statutory rules in the Act."},"complexity_factors":["Very short instrument with a single operative clause (s.4) and a commencement clause (s.2)","Relies on definitions and substantive rules located in the Superannuation Act 1976 (Part VIA and the Act’s definition of ‘eligible employee’), so full effect requires cross-reference to that Act","Retrospective commencement (s.2) introduces potential administrative complexity for implementing backdated entitlements or adjustments","Narrow, targeted scope (single employer) limits breadth but concentrates impact on scheme administrators and the employer"],"plain_english_summary":"This Declaration names eligible employees of the Legal Aid Commission of New South Wales as “productivity employees” under Part VIA of the Superannuation Act 1976, with effect from 1 July 1992. That classification brings those workers within Part VIA’s rules and may require administrators and the employer to apply or adjust benefits, contributions and records retrospectively."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow function it was designed for: declaring a specific group of employees as 'productivity employees' under the CSS. There is no evidence of scope creep or expansion beyond the original intent of section 110F of the Superannuation Act 1976, which expressly provides for such declarations."},"complexity_factors":["Very short document (only 4 substantive sections)","Only 1 defined term ('the Act')","No cross-references to other legislation beyond the parent Act","Single, straightforward declaration with no conditions, exceptions, or nested logic","No procedural requirements or administrative mechanisms"],"plain_english_summary":"This is a short legal instrument from 1994 that allows certain employees of the Legal Aid Commission of New South Wales to join a specific part of the Commonwealth Superannuation Scheme (CSS).\n\n**What it does:**\n- Declares that employees of the Legal Aid Commission of NSW are \"productivity employees\" under Part VIA of the Superannuation Act 1976.\n\n**What this means:**\n- **Productivity employees** are employees who can make additional contributions to their superannuation (retirement savings) based on productivity-related payments or arrangements. This was a mechanism in the CSS that allowed some public servants to boost their retirement benefits.\n- **Part VIA** of the Superannuation Act 1976 deals with these productivity superannuation arrangements.\n\n**Who it affects:**\n- Employees of the Legal Aid Commission of New South Wales who were already \"eligible employees\" under the CSS.\n\n**Why it matters:**\n- This declaration gave these legal aid employees access to enhanced superannuation benefits through the productivity contributions scheme. It essentially extended a Commonwealth public service benefit to employees of a state-based legal aid body, reflecting the close relationship between Commonwealth funding and legal aid services at the time.\n- The declaration is backdated to 1 July 1992, meaning it applied retrospectively to cover contributions from that date."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-no-2","history":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-no-2/history","analysis":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-no-2/analysis","conflicts":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-no-2/conflicts","importantCases":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-no-2/important-cases","documents":"/api/acts/superannuation-css-productivity-employee-inclusion-declaration-no-2/documents"}}