{"id":"F2008B00160","name":"Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 4","slug":"superannuation-productivity-benefit-alternative-arrangements-declaration-no-4","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"366 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72705,"registerId":"commonwealth-F2008B00160-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 4","content":"![](image.001.png)\n\nStatutory Rules 1992 No. 3661\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSuperannuation (Productivity Benefit) Alternative Arrangements Declaration No. 4\n\nI, RALPH WILLIS, Minister of State for Finance, make the following Declaration under subsections 4A (1) and (2) of the Superannuation (Productivity Benefit) Act 1988.\n\nDated 30th October 1992.\n\nRALPH WILLIS\n\nMinister of State for Finance\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. This Declaration may be cited as Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 4.\n\nCommencement\n\n2. This Declaration takes effect from 1 July 1990.\n\nInterpretation\n\n3. In this Declaration:\n\n“relevant person” means a person specified in the Schedule by reference to the name and Australian Government Staff Number of the person;\n\n“the Act” means the Superannuation (Productivity Benefit) Act 1988.\n\nDeclaration of certain employees as a class\n\n4. For the purposes of subsection 4a (1) of the Act, relevant persons who:\n\n(a) are qualified employees; and\n\n(b) are not scheme employees;\n\nare a class of employees who are not fund employees or interim arrangement employees.\n\nArrangements specified in relation to declared class of employees\n\n5. For the purposes of subsection 4a (2) of the Act, the following arrangements apply to a member of the class of employees referred to in clause 4:\n\n(a) the member is taken to be a fund employee and a remainder employee;\n\n(b) the superannuation fund specified in the Schedule in relation to the member is taken to be an approved fund;\n\n(c) the Act, other than subsections 4c (2) and (3), is taken to apply to the member.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n  \n\nSCHEDULE Clauses 3 and 5\n\nRELEVANT PERSONS AND APPROVED FUNDS\n\n| Column 1                              | Column 2                                     |\n| ------------------------------------- | -------------------------------------------- |\n| Name and AGS Numberof relevant person | Superannuation fund                          |\n|                                       |                                              |\n| Kirkpatrick, Roger Stephen502-04722   | R. S. Kirkpatrick Pty LtdSuperannuation Fund |\n| Lewis, Terry Layton345-50270          | BR1188                                       |\n\nNOTE\n\n> Note: 1. Notified in the Commonwealth of Australia Gazette on 9 November 1992.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument appears to serve its original narrow purpose. It is Declaration No. 4 in a series of similar instruments, suggesting a pattern of creating bespoke superannuation arrangements for specific individuals. The scope remains tightly constrained to the two named persons and does not appear to have expanded beyond the original intent of providing alternative superannuation arrangements for particular qualified employees."},"complexity_factors":["Very short instrument (5 clauses plus schedule)","Only 2 defined terms in interpretation section","Minimal cross-referencing (only references to specific subsections of the parent Act)","Simple conditional logic (two criteria in clause 4: qualified employee AND not scheme employee)","Schedule contains only 2 named individuals with specific data","No nested exceptions or complex provisos","Straightforward declaratory structure (declares class, specifies arrangements)"],"plain_english_summary":"This ministerial declaration creates a narrow exception to standard Commonwealth superannuation rules for two named public servants, treating Roger S. Kirkpatrick and Terry L. Lewis as a special class—classified as \"fund\" and \"remainder\" employees—and formally approving their private superannuation funds. Most of the Superannuation (Productivity Benefit) Act 1988 applies to them except for two contribution-rate subsections. It’s a bespoke, private-law adjustment affecting only the listed individuals."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Declaration changes who is covered by the Act for the two named individuals: it both declares them a specific class (clause 4) and, by alternative arrangements, treats them as fund employees and remainder employees and applies the Act to them (clause 5) while excluding subsections 4C(2) and 4C(3). The change is retroactive to 1 July 1990 (clause 2), imposing retrospective application and administrative duties on the listed funds and agencies."},"complexity_factors":["Retroactive commencement date (clause 2) creating retrospective legal effect and administrative adjustments.","Individualised application via a Schedule listing named persons and their nominated funds (clauses 3 and Schedule).","Cross-references to the Superannuation (Productivity Benefit) Act 1988 and reliance on subsections 4A(1) and 4A(2) (clauses 4–5).","Exception carving out subsections 4C(2) and 4C(3) from application (clause 5(c)), adding interpretive nuance.","Apparent classification shift: clause 4 declares the class as ‘not fund employees or interim arrangement employees’ for one purpose while clause 5 treats members as fund employees and remainder employees for another purpose, producing potential drafting ambiguity.","Ministerial exercise of delegated power to alter coverage creates administrative discretion and record-keeping requirements.","Limited numerical scope (two named persons) but potentially significant operational effects for funds and payroll/agency processes."],"plain_english_summary":"This Declaration retroactively treats two named Commonwealth employees as members of a class to which alternative superannuation arrangements apply, designating their nominated employer funds as approved and applying most of the Superannuation (Productivity Benefit) Act 1988 to them from 1 July 1990. It affects those two individuals, shifts which funds and administrators must handle their productivity-related superannuation entitlements, and creates a retroactive administrative and compliance obligation for the listed funds and relevant agencies."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-productivity-benefit-alternative-arrangements-declaration-no-4","history":"/api/acts/superannuation-productivity-benefit-alternative-arrangements-declaration-no-4/history","analysis":"/api/acts/superannuation-productivity-benefit-alternative-arrangements-declaration-no-4/analysis","conflicts":"/api/acts/superannuation-productivity-benefit-alternative-arrangements-declaration-no-4/conflicts","importantCases":"/api/acts/superannuation-productivity-benefit-alternative-arrangements-declaration-no-4/important-cases","documents":"/api/acts/superannuation-productivity-benefit-alternative-arrangements-declaration-no-4/documents"}}