{"id":"C2004L06190","name":"Superannuation (PSS) Membership Exclusion Declaration No. 8","slug":"superannuation-pss-membership-exclusion-declaration-no-8","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"132 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28094,"registerId":"commonwealth-C2004L06190-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (PSS) Membership Exclusion Declaration No. 8","content":"![](image.001.png)\n\nStatutory Rules 1994 No. 1321\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSuperannuation (PSS) Membership Exclusion Declaration No. 8\n\nI, KIM CHRISTIAN BEAZLEY, Minister for Finance, make the following Declaration under paragraph 6 (2) (c) of the Superannuation Act 1990.\n\nDated 9 May 1994.\n\nKIM C. BEAZLEY\n\nMinister for Finance\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. This Declaration may be cited as Superannuation (PSS) Membership Exclusion Declaration No. 8.\n\nCommencement\n\n2. This Declaration commences on 19 May 1994.\n\nInterpretation\n\n3. In this Declaration:\n\n“Act” means the Superannuation Act 1990.\n\nPersons to whom section 6 of the Act does not apply\n\n4. Section 6 of the Act does not apply to a person who:\n\n(a) immediately before 19 May 1994:\n\n(i) was employed under section 42 of the Naval Defence Act 1910; and\n\n(ii) was not a member of the Superannuation Scheme; and\n\n(iii) was not an eligible employee for the purposes of the Superannuation Act 1976 who had made an election and declaration under subsection 244 (1) of that Act; and\n\n(b) was appointed as an officer of the Australian Public Service on 19 May 1994 under section 81B of the Public Service Act 1922; and\n\n(c) has not subsequently ceased to be an officer of that Service; and\n\n(d) has not made a request, in writing, to be treated as a member of the Superannuation Scheme.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nNOTE\n\n> Note: 1. Notified in the Commonwealth of Australia Gazette on 18 May 1994.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1389},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The declaration maintains its original narrow scope. It targets only the specific cohort of naval employees who transitioned to the Australian Public Service on 19 May 1994, exactly as intended when made."},"complexity_factors":["Only 4 operative provisions total","Straightforward conditional logic (4 cumulative criteria in section 4)","Minimal cross-referencing (only 3 external Act references, clearly identified)","No nested exceptions or complex definitional provisions","Single purpose instrument targeting a discrete cohort"],"plain_english_summary":"**What it does:** This declaration excludes a specific group of former Navy employees from automatically joining the Commonwealth government's superannuation scheme (the PSS).\n\n**Who it affects:** People who:\n- Were employed under the *Naval Defence Act 1910* immediately before 19 May 1994\n- Were appointed as Australian Public Service (APS) officers on that exact date (19 May 1994)\n- Have remained APS officers since then\n- Have not asked to join the scheme in writing\n\n**How it works:** Normally, section 6 of the *Superannuation Act 1990* automatically makes certain public servants members of the PSS. This declaration says **that automatic rule does not apply** to this specific group. However, these people can still choose to join the scheme by submitting a written request.\n\n**Why it matters:** It determines whether this small cohort of naval-to-public-service transferees gets default superannuation coverage or must actively opt in to receive it."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-pss-membership-exclusion-declaration-no-8","history":"/api/acts/superannuation-pss-membership-exclusion-declaration-no-8/history","analysis":"/api/acts/superannuation-pss-membership-exclusion-declaration-no-8/analysis","conflicts":"/api/acts/superannuation-pss-membership-exclusion-declaration-no-8/conflicts","importantCases":"/api/acts/superannuation-pss-membership-exclusion-declaration-no-8/important-cases","documents":"/api/acts/superannuation-pss-membership-exclusion-declaration-no-8/documents"}}