{"id":"C2004L06196","name":"Superannuation (PSS) Membership Inclusion Declaration No. 2","slug":"superannuation-pss-membership-inclusion-declaration-no-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"253 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28100,"registerId":"commonwealth-C2004L06196-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (PSS) Membership Inclusion Declaration No. 2","content":"![](image.001.png)\n\nStatutory Rules 1991 No. 2531\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSuperannuation (PSS) Membership Inclusion Declaration No. 2\n\nI, RALPH WILLIS, Minister of State for Finance, make the following Declaration under paragraph 6 (1) (j) of the Superannuation Act 1990.\n\nDated 13 August 1991.\n\nRALPH WILLIS\n\nMinister of State for Finance\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. This Declaration may be cited as Superannuation (PSS) Membership Inclusion Declaration No. 2.\n\nCommencement\n\n2. This Declaration is taken to have commenced on 1 January 1991.\n\nInterpretation\n\n3. In this Declaration, unless the contrary intention appears:\n\n“the Act” means the Superannuation Act 1990.\n\nInclusions\n\n4. Section 6 of the Act applies to:\n\n(a) a staff member of the Australian Securities Commission who:\n\n(i) is a temporary employee appointed, or employed in accordance with a direction, under section 81b of the Public Service Act 1922; and\n\n(ii) immediately before becoming so appointed or employed was a member of a superannuation scheme established by or under an Act of a State or a Territory; and\n\n(iii) has made an election in writing, in a form approved by the Board, to become a member of the Superannuation Scheme; and\n\n(b) a person who:\n\n(i) is employed under subsection 120 (3) of the Australian Securities Commission Act 1989; and\n\n(ii) holds office as a Regional Commissioner under section 96 of that Act; and\n\n(iii) has made an election in writing, in a form approved by the Board, to become a member of the Superannuation Scheme.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nNOTE\n\n1. Notified in the Commonwealth of Australia Gazette on 26 August 1991.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2251},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument achieves exactly what its title suggests—declaring specific ASC employees eligible for PSS membership. It has not expanded beyond its original purpose of covering temporary staff with State superannuation backgrounds and Regional Commissioners who elect to join."},"complexity_factors":["Only 4 operative sections covering a single page","Single defined term ('the Act') in the interpretation section","Two discrete eligibility categories with three cumulative criteria each (subsections 4(a) and 4(b))","Retrospective commencement date (1 January 1991) requiring temporal alignment","No cross-references to complex transitional provisions or schedules"],"plain_english_summary":"This Declaration lets two narrow groups of Australian Securities Commission employees—temporary staff appointed under the old Public Service Act who had been in State/Territory super schemes, and Regional Commissioners under the ASC Act 1989—opt into the Commonwealth’s main public service superannuation fund (PSS).  \n\nElection requires a written form approved by the PSS Board. Backdated to 1 January 1991, it ensures eligible staff can access the Commonwealth defined‑benefit scheme without coverage gaps."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-pss-membership-inclusion-declaration-no-2","history":"/api/acts/superannuation-pss-membership-inclusion-declaration-no-2/history","analysis":"/api/acts/superannuation-pss-membership-inclusion-declaration-no-2/analysis","conflicts":"/api/acts/superannuation-pss-membership-inclusion-declaration-no-2/conflicts","importantCases":"/api/acts/superannuation-pss-membership-inclusion-declaration-no-2/important-cases","documents":"/api/acts/superannuation-pss-membership-inclusion-declaration-no-2/documents"}}