{"id":"F2008B00230","name":"Superannuation (PSS) Temporary Employee Declaration No. 2","slug":"superannuation-pss-temporary-employee-declaration-no-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"222 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73002,"registerId":"commonwealth-F2008B00230-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (PSS) Temporary Employee Declaration No. 2","content":"![](image.001.png)\n\nStatutory Rules 1993 No. 2221\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nSuperannuation (PSS) Temporary Employee Declaration No. 2\n\nI, RALPH WILLIS, Minister for Finance, make the following declaration under section 3 of the Superannuation Act 1990.\n\nDated 9 August 1993.\n\nRALPH WILLIS\n\nMinister for Finance\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nCitation\n\n1. This declaration may be cited as Superannuation (PSS) Temporary Employee Declaration No. 2.\n\nCommencement\n\n2. This declaration is taken to have commenced on 1 July 1990.\n\n  \nTemporary employees\n\n3. The definition of “temporary employee” in section 3 of the Superannuation Act 1990 applies to a person who is engaged as a temporary employee by the Australian Broadcasting Corporation for employment outside Australia only, if:\n\n(a) the person was a member of the Superannuation Scheme immediately before becoming so engaged; or\n\n(b) the person:\n\n(i) was an eligible employee for the purposes of the Superannuation Act 1976 immediately before becoming so engaged; and\n\n(ii) while an eligible employee, made an election under subsection 244 (1) of the Superannuation Act 1976 that has not been revoked and a declaration under that subsection;\n\nand, if the person became so engaged before the date of notification in the Gazette of the making of this declaration, the person made a request, in writing, before that date, to be treated as a member of the Superannuation Scheme while so engaged.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nNOTE\n\n> Note: 1. Notified in the Commonwealth of Australia Gazette on 13 August 1993.","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":true,"description":"The declaration expands the scope of the Superannuation Act 1990 definition of 'temporary employee' to include certain Australian Broadcasting Corporation staff engaged outside Australia, subject to prior PSS membership or specified elections under the Superannuation Act 1976, and applies retrospectively from 1 July 1990; it also requires written requests for those engaged before Gazette notification (see declaration overall, esp. clause 3)."},"complexity_factors":["Cross-references to other statutes: relies on the definition in section 3 of the Superannuation Act 1990 and on subsection 244(1) of the Superannuation Act 1976, requiring reading across instruments.","Retrospective commencement: takes effect from 1 July 1990, creating potential retroactive administrative and accounting adjustments.","Conditional eligibility rules: coverage depends on prior membership status or prior election/declaration under the 1976 Act.","Procedural requirement for retrospective cases: employees engaged before Gazette notification must have made a written request to be treated as members.","Narrow beneficiary class: applies only to ABC employees engaged outside Australia, limiting but complicating implementation for a specific employer.","Administrative verification burden: employers/scheme administrators must verify prior membership/election and any written requests before applying coverage."],"plain_english_summary":"This declaration treats certain Australian Broadcasting Corporation employees engaged overseas as “temporary employees” under the Superannuation Act 1990, so they are considered members of the Parliamentary Superannuation Scheme while employed abroad. It operates retroactively from 1 July 1990.\n\nIt applies only to people who were PSS members immediately before the overseas engagement or who made specified elections under the Superannuation Act 1976; employees engaged before Gazette notification must have asked in writing to be treated as members. The change affects employer/scheme contribution and benefit responsibilities."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This declaration remains tightly scoped to its original purpose: extending superannuation coverage to a specific category of ABC overseas temporary employees. It has not expanded beyond this narrow administrative fix."},"complexity_factors":["Short document (only 3 operative sections plus citation/commencement)","Single defined term referenced externally (\"temporary employee\" from the Superannuation Act 1990)","Two alternative conditions (paragraphs (a) and (b)) with sub-conditions in (b)","One temporal limitation clause (the Gazette notification date requirement)","Cross-reference to two other Acts (Superannuation Act 1990 and Superannuation Act 1976)","No nested exceptions beyond the single cut-off date proviso"],"plain_english_summary":"A 1993 declaration by the Minister for Finance lets Australian Broadcasting Corporation temporary employees posted overseas remain in the main government superannuation scheme. It applies to those who were scheme members before their overseas posting or who were covered under the 1976 Superannuation Act and had made a continuing election.\n\nThose already in the overseas role before the declaration’s Gazette publication (13 August 1993) needed to have lodged a written request beforehand. The declaration preserves continuity of superannuation benefits for overseas ABC postings."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-pss-temporary-employee-declaration-no-2","history":"/api/acts/superannuation-pss-temporary-employee-declaration-no-2/history","analysis":"/api/acts/superannuation-pss-temporary-employee-declaration-no-2/analysis","conflicts":"/api/acts/superannuation-pss-temporary-employee-declaration-no-2/conflicts","importantCases":"/api/acts/superannuation-pss-temporary-employee-declaration-no-2/important-cases","documents":"/api/acts/superannuation-pss-temporary-employee-declaration-no-2/documents"}}