{"id":"F2008B00162","name":"Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 7","slug":"superannuation-productivity-benefit-alternative-arrangements-declaration-no-7","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"169 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":72716,"registerId":"commonwealth-F2008B00162-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. 7","content":"![](image.001.png)\n\nStatutory Rules 1998 No. 1691\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSuperannuation (Productivity Benefit) Alternative Arrangements Declaration No. 7\n\nI, JOHN JOSEPH FAHEY, Minister for Finance and Administration, make the following Declaration under subsections 4A (1) and (2) of the Superannuation (Productivity Benefit) Act 1988.\n\nDated 22 June 1998.\n\nJOHN FAHEY  \nMinister for Finance and Administration\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. This Declaration may be cited as Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 7.\n\nCommencement\n\n2. This Declaration is taken to have commenced on 1 July 1994.\n\nInterpretation\n\n3. In this Declaration:\n\n> “ACT Public Service” means the Service established by subsection 12 (1) of the Public Sector Management Act 1994 of the Australian Capital Territory;\n\n> “the Act” means the Superannuation (Productivity Benefit) Act 1988.\n\nTemporary employees of ACTTAB\n\n4. For the purposes of subsection 4A (1) of the Act, persons each of whom:\n\n(a) is an officer or employee of the ACT Public Service; and\n\n(b) was, immediately before becoming an officer or an employee:\n\n(i) an employee of the Australian Capital Territory Totalizator Administration Board (other than a permanent employee); and\n\n(ii) a member of the ACTTAB Limited Staff Superannuation Plan; and\n\n(c) was, immediately after becoming an officer or an employee, an officer or employee performing duties for the Australian Capital Territory Totalizator Administration Board; and\n\n(d) continues to be an officer or employee who performs duties for the Australian Capital Territory Totalizator Administration Board; and\n\n(e) is not a scheme employee;\n\nare a class of persons who are neither fund employees nor interim arrangement employees.\n\nSpecified arrangements: temporary employees of ACTTAB\n\n5. (1) For the purposes of subsection 4A (2) of the Act, the following arrangements are to apply to a person included in the class referred to in clause 4 (in this clause called a “transferred employee”).\n\n(2) A transferred employee may, at any time, elect to become a member of the nominated fund or an approved fund.\n\n(3) An election under subclause (2):\n\n(a) may be made by notice in writing given to the Chief Executive of the Australian Capital Territory Totalizator Administration Board; and\n\n(b) takes effect when the notice is given.\n\n(4) If a transferred employee does not make an election under subclause (2), the Act applies to the transferred employee as if:\n\n(a) the transferred employee were a remainder employee and a fund employee; and\n\n(b) the ACTTAB Limited Staff Superannuation Plan had been declared under subsection 4C (1) of the Act to be an approved fund; and\n\n(c) the Act were modified by omitting subsections 4C (2) and (3).\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nNOTE\n\n> Note: 1. Notified in the Commonwealth of Australia Gazette on 29 June 1998.","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This Declaration remains tightly scoped to its original purpose. It addresses a specific transitional arrangement for ACTTAB temporary employees affected by the 1994 restructure of ACT government administration. There is no evidence of scope creep; the legislation has not expanded beyond this narrow cohort."},"complexity_factors":["Only 2 defined terms in the interpretation section","Single purpose legislation affecting a very narrow, specific class of persons (temporary ACTTAB employees transferred in 1994)","Straightforward conditional logic: if criteria met (clauses 4(a)-(e)), then choice offered (clause 5(2)) or default applies (clause 5(4))","No nested exceptions or complex cross-referencing beyond basic references to the parent Act (Superannuation (Productivity Benefit) Act 1988)","Short document (5 clauses, approximately 1 page)","Clear structure: citation, commencement, interpretation, class definition, specified arrangements"],"plain_english_summary":"This declaration resolves a superannuation technicality for a small group of temporary workers transferred from ACTTAB to the ACT Public Service after the 1994 restructure. It lets those former ACTTAB non‑permanent staff (who remained at ACTTAB, were members of the ACTTAB plan and are not “scheme employees”) choose between the government’s nominated fund or another approved fund, with a modified ACTTAB plan as the default if no choice is made. It preserves their retirement benefits and prevents disadvantage from the reorganization."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This Declaration narrows how the Act applies to a specific cohort: it removes them from the default categories of 'fund employee' and 'interim arrangement employee' and prescribes alternative arrangements (an election right plus a statutory default that treats the ACTTAB plan as an approved fund and omits subsections 4C(2)–(3)). The change is targeted and operates retroactively to 1 July 1994, so its scope modifies application of the principal Act for that defined group."},"complexity_factors":["Cross-references to multiple subsections of the Superannuation (Productivity Benefit) Act 1988 (4A and 4C) requiring consultation of the principal Act.","A narrowly defined class test using several sequential factual conditions (employment history, membership of ACTTAB plan, ongoing duties, non-scheme status).","Elective mechanism with a formal written-notice gateway and immediate effectiveness on filing (clause 5(2)–(3)).","Default deeming and modification rules if no election is made (clause 5(4)), including omission of subsections 4C(2) and (3) for that class.","Retroactive commencement to 1 July 1994, which can complicate record‑keeping and benefit calculations."],"plain_english_summary":"**What it does:** This Declaration identifies a small class of former, non‑permanent ACTTAB employees who became ACT Public Service officers but continue to work for ACTTAB, and treats them differently under the Superannuation (Productivity Benefit) Act. It gives those employees a written-election right to join a nominated or approved fund and sets a default outcome if they do nothing. \n\n**Who decides and who pays:** Affected employees must file a written notice with the ACTTAB Chief Executive to change their fund; failing that, their membership is treated as if the ACTTAB plan were an approved fund (with contributions governed by the Act)."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-productivity-benefit-alternative-arrangements-declaration-no-7","history":"/api/acts/superannuation-productivity-benefit-alternative-arrangements-declaration-no-7/history","analysis":"/api/acts/superannuation-productivity-benefit-alternative-arrangements-declaration-no-7/analysis","conflicts":"/api/acts/superannuation-productivity-benefit-alternative-arrangements-declaration-no-7/conflicts","importantCases":"/api/acts/superannuation-productivity-benefit-alternative-arrangements-declaration-no-7/important-cases","documents":"/api/acts/superannuation-productivity-benefit-alternative-arrangements-declaration-no-7/documents"}}