Commonwealth legislation

Superannuation Benefits (Prescribed Requirements) Determination 2007 (No. 1)

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Commonwealth

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legislative instrument

Plain English Summary

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This Determination lets the employer (the Agency engaging Mersey Hospital APS Employees) make superannuation contributions into an exempt public sector scheme, a complying superannuation fund or a retirement savings account for those employees, subject to the conditions in Schedule 1 (s3; Schedule 1).

It requires the employer to check that the employee was not already an 'eligible employee' under the Superannuation Act 1976 or a member of the Public Sector Superannuation Scheme before contributing, so the employer bears the payment and compliance burden (Schedule 1; Definitions).

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Superannuation Benefits (Prescribed Requirements) Determination 2007 (No. 1)

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Superannuation Benefits (Prescribed Requirements) Determination 2007 (No. 1)[1]

I, NICK MINCHIN, Minister for Finance and Administration, make this Determination under subsection 6(1) of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.

Dated 22 November 2007

NICK MINCHIN

Minister for Finance and Administration

1 Name of Determination

This Determination is the Superannuation Benefits (Prescribed Requirements) Determination 2007 (No. 1).

2 Commencement

This Determination commences on the day after it is registered.

3 Prescribed Requirements

For the purpose of subsection 5(1)(c) of the Superannuation Benefits (Supervisory Mechanisms) Act 1990, the prescribed requirements set out in Schedule 1 apply to the employer for the provision of superannuation benefits on behalf of Mersey Hospital APS Employees.

4 Definition

(1) In this Determination:

Agency	has the same meaning as defined in the Financial Management and Accountability Act 1997.
complying superannuation fund	has the same meaning as defined in the Superannuation Industry (Supervision) Act 1993.
eligible employee	has the same meaning as defined in section 3 of the Superannuation Act 1976.
exempt public sector superannuation scheme	has the same meaning as defined in the Superannuation Industry (Supervision) Act 1993.
employer	means the Agency that engages Mersey Hospital APS Employees.
member	has the same meaning as defined in the Rules for the administration of the Public Sector Superannuation Scheme set out in the Schedule to the Trust Deed.
Mersey Hospital APS Employees	has the same meaning as defined under the determination made under subsection 24(3) of the Public Service Act 1999 on 30 October 2007 as amended from time to time.
retirement savings account	has the same meaning as defined in the Retirement Savings Accounts Act 1997.

Schedule 1 Prescribed Requirements for the Provision of Superannuation Benefits (section 3)

The employer may make contributions, on behalf of a Mersey Hospital APS Employee, into any exempt public sector superannuation scheme, complying superannuation fund or retirement savings account, if the following requirements are satisfied:(a) immediately before becoming a Mersey Hospital APS Employee, they were not:an eligible employee for the purposes of the Superannuation Act 1976; ora member of the Public Sector Superannuation Scheme.

Note

[1] All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Superannuation Benefits (Prescribed Requirements) Determination 2007 (No. 1)