{"id":"F2013L00026","name":"Superannuation (Productivity Benefit) (Qualified Employees Exclusion) Declaration 2012","slug":"superannuation-productivity-benefit-qualified-employees-exclusion-declaration-2012","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":126845,"registerId":"commonwealth-F2013L00026-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (Productivity Benefit) (Qualified Employees Exclusion) Declaration 2012","content":"![](image.001.png)\n\nSuperannuation (Qualified Employees Exclusion) Declaration 20121\n\nI, Penelope YING YEN WONG, Minister for Finance and Deregulation, make the following Declaration under subsection 3F(2) of the Superannuation (Productivity Benefit) Act 1988.\n\nDated 12 December 2012\n\nPenelope YING YEN WONG\n\nMinister for Finance and Deregulation\n\n1 Name of Declaration\n\nThis Declaration is the Superannuation (Productivity Benefit) (Qualified Employees Exclusion) Declaration 2012.\n\n2 Commencement\n\nThis Declaration commences on 1 July 2012.\n\n3 Interpretation\n\nIn this Declaration, unless the contrary intention appears:\n\n“PB Act” means the Superannuation (Productivity Benefit) Act 1988;\n\n“JP Act” means the Judges’ Pensions Act 1968.\n\n4 Class of persons who are not qualified employees\n\nFor the purposes of subsection 3F(2) of the PB Act, the class of persons, each of whom is a person:\n\n(a) to whom section 12A of the JP Act would apply if they were not a qualified employee under the PB Act on the last day on which they held office as a Judge; and\n\n(b) in respect of whom:\n\n(i) a benefit would be payable under subsection 12A(2) of the JP Act if they were not a qualified employee under the PB Act on the last day on which they held office as a Judge; and\n\n(ii) the benefit that would be payable under subsection 12A(2) of the JP Act is not less than the benefit that would otherwise be payable under the PB Act if the person were a qualified employee.\n\nis a class of persons who are not qualified employees.\n\nNote\n\n> Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.","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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not amend the PB Act or the Judges’ Pensions Act. It exercises an existing power to identify a class of persons excluded from being \"qualified employees\", specifying who will receive a JP Act benefit instead of a PB Act benefit; it thus narrows application of the PB Act for that class but does not expand statutory authority."},"complexity_factors":["Cross-references to other statutes (PB Act s3F(2) and JP Act s12A(2)) require reading across multiple Acts.","Membership is conditional on a quantitative comparison (JP benefit must be >= PB benefit), requiring actuarial/administrative calculation to classify individuals.","Retrospective commencement (commences 1 July 2012) creates potential record-keeping and payment adjustment issues.","Instrument is a ministerial declaration (discretion exercised by the Minister), so legal effect hinges on correct exercise of power.","Narrow, targeted scope (only judges meeting both statutory conditions are affected), which reduces breadth but increases reliance on precise facts.","The Declaration does not amend underlying Acts; it operates within existing statutory power but changes which scheme pays particular benefits."],"plain_english_summary":"This Declaration, made by the Minister under subsection 3F(2) of the Superannuation (Productivity Benefit) Act 1988, designates a specific class of judges as \"not qualified employees\" for the PB Act. The class covers judges who would be entitled to a benefit under section 12A(2) of the Judges’ Pensions Act 1968 if they were not PB \"qualified employees\", where that Judges’ Pensions benefit is at least as large as the PB Act benefit.\n\nEffect: those judges receive the Judges’ Pensions Act benefit rather than the PB Act productivity superannuation. The Minister decides the exclusion and it operates from 1 July 2012."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This Declaration appears to serve its original narrow purpose of creating a specific exclusion for judges with better pension entitlements. The scope remains tightly focused on the interaction between the Productivity Benefit Act and the Judges' Pensions Act, without expansion into broader areas."},"complexity_factors":["Only 4 substantive sections with minimal text","2 defined terms (PB Act and JP Act)","Single operative provision with nested sub-paragraphs (4(a), 4(b)(i), 4(b)(ii))","Heavy reliance on external statutory cross-references (subsection 3F(2) of PB Act, section 12A and subsection 12A(2) of JP Act) — requires reading two other Acts to understand full effect","Hypothetical conditional logic ('would apply if', 'would be payable if') creates counterfactual reasoning requirements"],"plain_english_summary":"This Declaration lets certain judges opt out of the Superannuation (Productivity Benefit) scheme when their entitlement under the Judges' Pensions Act 1968 (section 12A) is equal to or better than the Productivity Benefit they would otherwise receive. It affects judges who qualify for that judicial pension and prevents them being locked into an inferior retirement benefit, letting the superior judicial pension prevail."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-productivity-benefit-qualified-employees-exclusion-declaration-2012","history":"/api/acts/superannuation-productivity-benefit-qualified-employees-exclusion-declaration-2012/history","analysis":"/api/acts/superannuation-productivity-benefit-qualified-employees-exclusion-declaration-2012/analysis","conflicts":"/api/acts/superannuation-productivity-benefit-qualified-employees-exclusion-declaration-2012/conflicts","importantCases":"/api/acts/superannuation-productivity-benefit-qualified-employees-exclusion-declaration-2012/important-cases","documents":"/api/acts/superannuation-productivity-benefit-qualified-employees-exclusion-declaration-2012/documents"}}