{"id":"C2004L06199","name":"Superannuation (PSS) Membership Inclusion Declaration No. 5","slug":"superannuation-pss-membership-inclusion-declaration-no-5","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"419 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28103,"registerId":"commonwealth-C2004L06199-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Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (PSS) Membership Inclusion Declaration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. 5","content":"|     |     |\n| --- | --- |\n\nStatutory Rules 1991 No. 4191\n\n![](image.002.png)Superannuation (PSS) Membership Inclusion\n\nDeclaration No. 5\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 6 December 1991.\n\nRALPH WILLIS\n\nMinister of State for Finance\n\n![](image.003.png)Citation\n\n1.  This Declaration may be cited as Superannuation (PSS) Membership Inclusion Declaration No. 5.\n\nInclusions\n\n2. Section 6 of the Superannuation Act 1990 applies to a person who:\n\n(a) is a director or an employee of the Dairy Research and Development Corporation (in this clause called “the Corporation”); and\n\nSuperannuation (PSS) Membership Inclusion\n\nDeclaration No. 5 1991 No. 419\n\n(b) either:\n\n(i) was a member of the Superannuation Scheme immediately before becoming a person specified in paragraph (a); or\n\n(ii) is a person who:\n\n(A) immediately before becoming a person specified in paragraph (a) was an eligible employee for the purposes of the Superannuation Act 1976; and\n\n(B) has made an election and a declaration under subsection 244 (1) of that Act; and\n\n(c) has not at any time since becoming a person specified in paragraph (a) ceased to be such a person; and\n\n(d) since becoming a person specified in paragraph (a) has not been a member of a superannuation scheme in relation to that person's employment with the Corporation, other than the Superannuation Scheme; and\n\n(e) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act 1922 applies.\n\nRepeal\n\n3. Statutory Rules 1991 No. 107 are repealed.\n\n![](image.004.png)NOTE\n\n1. Notified in the Commonwealth of Australia Gazette on 19 December 1991.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":2034},"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The declaration performs its intended narrow function under paragraph 6(1)(j) of the Superannuation Act 1990: specifically extending PSS coverage to employees of the Dairy Research and Development Corporation who meet continuity and prior membership criteria. It has not expanded beyond this original purpose."},"complexity_factors":["Five cumulative conditions must be satisfied (paragraphs a through e)","Nested disjunctive logic in paragraph (b) requiring either prior PSS membership OR prior public service status with formal election","Cross-references to three separate Commonwealth Acts (Superannuation Act 1990, Superannuation Act 1976, Public Service Act 1922)","Requires understanding of transitional superannuation arrangements between the old 1976 scheme and the PSS"],"plain_english_summary":"This declaration lets directors and employees of the Dairy Research and Development Corporation join or remain in the Commonwealth’s main public sector superannuation fund (PSS). Eligible persons are those with prior PSS membership or who preserved 1976-rule Commonwealth service, who have continuous service with the Corporation, have not transferred this role’s super to another fund, and are not temporary/provisional public servants.\n\nIt preserves access to the Commonwealth defined‑benefit scheme and replaces the 1991 declaration."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-pss-membership-inclusion-declaration-no-5","history":"/api/acts/superannuation-pss-membership-inclusion-declaration-no-5/history","analysis":"/api/acts/superannuation-pss-membership-inclusion-declaration-no-5/analysis","conflicts":"/api/acts/superannuation-pss-membership-inclusion-declaration-no-5/conflicts","importantCases":"/api/acts/superannuation-pss-membership-inclusion-declaration-no-5/important-cases","documents":"/api/acts/superannuation-pss-membership-inclusion-declaration-no-5/documents"}}