{"id":"F2013L00932","name":"Superannuation (PSSAP) (Australian Government Superannuation Scheme Member) Declaration 2013 (No. 1)","slug":"superannuation-pssap-australian-government-superannuation-scheme-member-declaration-2013-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":90647,"registerId":"commonwealth-F2013L00932-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Superannuation (PSSAP) (Australian Government Superannuation Scheme Member) Declaration 2013 (No. 1)","content":"![](image.001.png)\n\nSuperannuation (PSSAP) (Australian Government Superannuation Scheme Member) Declaration 2013 (No. 1)1\n\nSuperannuation Act 2005\n\nI, PENELOPE YING YEN WONG, Minister for Finance and Deregulation, make this Declaration under subsection 4 (1) of the Superannuation Act 2005.\n\nDated 31st May 2013\n\nPENELOPE YING YEN WONG\n\nMinister for Finance and Deregulation\n\n1 Name of Declaration\n\nThis Declaration is the Superannuation (PSSAP) (Australian Government Superannuation Scheme Member) Declaration 2013 (No. 1).\n\n2 Commencement\n\nThis Declaration commences immediately after the commencement of clause 4 of the Ninth Amendment of the Superannuation (PSSAP) Trust Deed.\n\n3 Definitions\n\nIn this Declaration:\n\nPSS means the Public Sector Superannuation Scheme.\n\n4 Persons declared to be Australian government superannuation scheme members\n\nA person who is:\n\n(a) a member of the PSS; or\n\n(b) an eligible employee (within the meaning of the Superannuation Act 1976);\n\nis declared to be an Australian government superannuation scheme member.\n\n5 Persons declared to be former Australian government superannuation scheme members\n\nA person who is:\n\n(a) a person who is a former member of the PSS in respect of whom a preserved benefit under PSS has not yet been paid; or\n\n(b) a person in respect of whom deferred benefits are applicable under the Superannuation Act 1976;\n\nis declared to be a former Australian government superannuation scheme member.\n\n> Note\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 http://www.frli.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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration performs a narrow, technical function consistent with its original purpose under the Superannuation Act 2005. It simply declares specific categories of people as members or former members of Australian government superannuation schemes. There is no evidence of scope creep; it does exactly what subsection 4(1) of the parent Act authorises."},"complexity_factors":["Only 5 short sections total","Just 1 defined term ('PSS') in the interpretation section","No cross-references to other legislation beyond naming the parent Act and two other superannuation schemes","Simple conditional logic using basic 'or' statements in sections 4 and 5","No exceptions, exemptions, or nested conditions","Straightforward declaratory language ('is declared to be')"],"plain_english_summary":"This 2013 Finance Minister declaration broadens who counts as an \"Australian government superannuation scheme member\" for PSSAP purposes by recognising members and eligible employees of the old PSS and the 1976 Superannuation Act, including those with preserved or deferred benefits. \n\nIt affects current and former public servants in those legacy schemes and matters for portability, tax treatment, and eligibility under government-superannuation rules."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Declaration expands the class of persons deemed to be Australian government superannuation scheme members by expressly declaring current PSS members and eligible employees, and certain former PSS members (those with preserved or deferred benefits), to hold that status. The change is effected by declaration (see clauses 4–5) and takes effect immediately after commencement of clause 4 of the Ninth Amendment of the PSSAP Trust Deed, thereby altering which statutory rules and administrators apply to those individuals."},"complexity_factors":["Cross-references to other instruments: relies on the Ninth Amendment of the Superannuation (PSSAP) Trust Deed for commencement timing (see Commencement clause).","Reliance on external legislation for meaning: uses terms defined outside the Declaration (PSS; 'eligible employee' per the Superannuation Act 1976) (see Definitions and clauses 4–5).","Ministerial power as legal mechanism: a short declaratory instrument made under subsection 4(1) of the Superannuation Act 2005 (instrument formality vs substantive effect).","Membership reclassification effect: changes which statutory scheme rules apply and therefore affects administration and payment responsibilities for benefits (clauses 4–5).","Conditional status for former members: depends on preserved benefits not yet paid or on deferred-benefit status under the Superannuation Act 1976, creating administrative verification requirements (clause 5).","Timing dependency: commencement is tied to an external event (the Trust Deed amendment) which may complicate implementation sequencing."],"plain_english_summary":"This Declaration formally declares that members of the Public Sector Superannuation Scheme (PSS), eligible employees, and certain former PSS members with preserved or deferred benefits are to be treated as Australian government superannuation scheme members. Made by the Minister under the Superannuation Act 2005 and commencing immediately after a specified Trust Deed amendment, it changes which statutory superannuation rules and administrators apply to those people and therefore which scheme pays and manages their benefits."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-pssap-australian-government-superannuation-scheme-member-declaration-2013-no-1","history":"/api/acts/superannuation-pssap-australian-government-superannuation-scheme-member-declaration-2013-no-1/history","analysis":"/api/acts/superannuation-pssap-australian-government-superannuation-scheme-member-declaration-2013-no-1/analysis","conflicts":"/api/acts/superannuation-pssap-australian-government-superannuation-scheme-member-declaration-2013-no-1/conflicts","importantCases":"/api/acts/superannuation-pssap-australian-government-superannuation-scheme-member-declaration-2013-no-1/important-cases","documents":"/api/acts/superannuation-pssap-australian-government-superannuation-scheme-member-declaration-2013-no-1/documents"}}