ACECQA (short for the Australian Children’s Education and Care Quality Authority) has the same meaning as in the Education and Care Services National Law Act 2010 (Vic).
Act means the Superannuation Act 1976.
alternative superannuation scheme, in relation to a person who is employed in a particular capacity, or who is the holder of a particular office:
(a) means a superannuation scheme to which contributions are made in relation to the person’s employment or holding of the office; but
(b) does not include any of the following:
(i) a scheme to which contributions are made in relation to the person for:
(A) if the person is employed in a particular capacity—other employment or the holding of an office; or
(B) if the person is the holder of a particular office—other employment or the holding of another office;
(ii) a scheme to the extent that membership of that scheme by the person is for the preservation, or payment, of productivity related benefits as defined in section 110A of the Act;
(iii) a scheme to the extent that participation in that scheme on the person’s behalf is for purposes solely related to satisfying obligations under the Superannuation Guarantee (Administration) Act 1992;
(iv) a scheme to which contributions are made in relation to the person only in relation to performance pay;
(v) for a prescribed person—a scheme of which the person is taken, under subsection (2), to be a member for top‑up purposes.
Note: Example
Note: If a person is an eligible employee for the CSS, and is making voluntary contributions to an RSA without any employer contributions, the RSA will not be an alternative superannuation scheme. However, if the person’s employer makes contributions to the RSA, above the superannuation guarantee rate, the RSA will be an alternative superannuation scheme.
ARPC means the Australian Reinsurance Pool Corporation established by the Terrorism Insurance Act 2003.
ASIC means the Australian Securities and Investments Commission established by the Australian Securities and Investments Commission Act 1989 and continued in existence by the Australian Securities and Investments Commission Act 2001.
ASPI Ltd means Australian Strategic Policy Institute Limited (ACN 097369045), incorporated under the Corporations Act 2001 on 22 August 2001.
Australian Hearing Services means the body corporate established under Part 2 of the Australian Hearing Services Act 1991.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
Eligible Employees Regulations means the Superannuation (CSS) Eligible Employees Regulations 1976, as in force immediately before the commencement of this Declaration.
member, of a superannuation scheme that is an RSA, means a holder of the RSA.
performance pay means a payment of that name made under:
(a) an industrial agreement under Division 3A of Part VI of the Industrial Relations Act 1988 as in force immediately before 30 March 1994; or
(b) an agreement under Part VIB of that Act in force before 15 November 1996.
prescribed person means a person who holds office or is employed under terms and conditions that enable the person to choose whether to take part of his or her remuneration in a non‑monetary form (for example, a top‑up arrangement).
Public Service Act means the Public Service Act 1922.
reinstated means re‑appointed or re‑employed, or deemed to be, or to have been, re‑appointed or re‑employed as the case requires.
relevant Northern Territory employment means any of the following employment:
(a) employment as a member of the Police Force of the Northern Territory;
(b) employment by an approved authority, being the Northern Territory of Australia or an authority or body established by or under a law of that Territory;
(c) employment as the holder of a statutory office established by a law of the Northern Territory of Australia.
superannuation scheme:
(a) means a scheme, fund or arrangement, however established, under which superannuation or retirement benefits are payable; and
(b) includes an RSA within the meaning of the Retirement Savings Account Act 1997.
top‑up arrangement has the meaning given by subsection (3).
(2) In this Declaration, a person is taken to be a member of a superannuation scheme for top‑up purposes if, and only if, he or she is a member of the scheme:
(a) only because of a top‑up arrangement; or
(b) because of:
(i) a top‑up arrangement; and
(ii) any of the following circumstances:
(A) contributions are made to the scheme in relation to performance pay;
(B) the person is a member of the scheme for the purpose of the preservation or payment of productivity related benefits as defined in section 110A of the Act;
(C) participation in the scheme on the person’s behalf by the person’s employer is for purposes solely related to satisfying the employer’s obligations under the Superannuation Guarantee (Administration) Act 1992.
(3) A top‑up arrangement is an arrangement:
(a) between the person (the payee) to whom, under the arrangement, remuneration is paid and the person (the payer) who pays the remuneration, by which the payer makes contributions in relation to the payee to a superannuation scheme (which may be a scheme applying only in relation to the payee); and
(b) in which the contributions mentioned in paragraph (a):
(i) constitute part of the payee’s overall remuneration; and
(ii) are not paid as an addition to remuneration otherwise payable; and
(c) in which the payer makes payments under the Act:
(i) in relation to the payee; and
(ii) in relation to the employment or office to which the arrangement relates.