Commonwealth legislation

Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 7

In ForceCTH

Jurisdiction

Commonwealth

Act Number

169 of 1998

Collection

legislative instrument

Plain English Summary

4/10 complexity

What it does: This Declaration identifies a small class of former, non‑permanent ACTTAB employees who became ACT Public Service officers but continue to work for ACTTAB, and treats them differently under the Superannuation (Productivity Benefit) Act. It gives those employees a written-election right to join a nominated or approved fund and sets a default outcome if they do nothing.

Who decides and who pays: Affected employees must file a written notice with the ACTTAB Chief Executive to change their fund; failing that, their membership is treated as if the ACTTAB plan were an approved fund (with contributions governed by the Act).

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Direct links to the current provisions in Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 7.

Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 7

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Statutory Rules 1998 No. 1691

__________________

Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 7

I, JOHN JOSEPH FAHEY, Minister for Finance and Administration, make the following Declaration under subsections 4A (1) and (2) of the Superannuation (Productivity Benefit) Act 1988.

Dated 22 June 1998.

JOHN FAHEY
Minister for Finance and Administration

____________

Citation

This Declaration may be cited as Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 7.

Commencement

This Declaration is taken to have commenced on 1 July 1994.

Interpretation

In this Declaration:

“ACT Public Service” means the Service established by subsection 12 (1) of the Public Sector Management Act 1994 of the Australian Capital Territory;

“the Act” means the Superannuation (Productivity Benefit) Act 1988.

Temporary employees of ACTTAB

For the purposes of subsection 4A (1) of the Act, persons each of whom:

(a) is an officer or employee of the ACT Public Service; and

(b) was, immediately before becoming an officer or an employee:

(i) an employee of the Australian Capital Territory Totalizator Administration Board (other than a permanent employee); and

(ii) a member of the ACTTAB Limited Staff Superannuation Plan; and

(c) was, immediately after becoming an officer or an employee, an officer or employee performing duties for the Australian Capital Territory Totalizator Administration Board; and

(d) continues to be an officer or employee who performs duties for the Australian Capital Territory Totalizator Administration Board; and

(e) is not a scheme employee;

are a class of persons who are neither fund employees nor interim arrangement employees.

Specified arrangements: temporary employees of ACTTAB

(1) For the purposes of subsection 4A (2) of the Act, the following arrangements are to apply to a person included in the class referred to in clause 4 (in this clause called a “transferred employee”).

(2) A transferred employee may, at any time, elect to become a member of the nominated fund or an approved fund.

(3) An election under subclause (2):

(a) may be made by notice in writing given to the Chief Executive of the Australian Capital Territory Totalizator Administration Board; and

(b) takes effect when the notice is given.

(4) If a transferred employee does not make an election under subclause (2), the Act applies to the transferred employee as if:

(a) the transferred employee were a remainder employee and a fund employee; and

(b) the ACTTAB Limited Staff Superannuation Plan had been declared under subsection 4C (1) of the Act to be an approved fund; and

___________________________________________________________

NOTE

Note: 1. Notified in the Commonwealth of Australia Gazette on 29 June 1998.

Source text

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

1 Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 7

Statutory Rules 1998 No. 1691

__________________

Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 7

I, JOHN JOSEPH FAHEY, Minister for Finance and Administration, make the following Declaration under subsections 4A (1) and (2) of the Superannuation (Productivity Benefit) Act 1988.

Dated 22 June 1998.

JOHN FAHEY
Minister for Finance and Administration

____________

Citation

This Declaration may be cited as Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 7.

Commencement

This Declaration is taken to have commenced on 1 July 1994.

Interpretation

In this Declaration:

“ACT Public Service” means the Service established by subsection 12 (1) of the Public Sector Management Act 1994 of the Australian Capital Territory;

“the Act” means the Superannuation (Productivity Benefit) Act 1988.

Temporary employees of ACTTAB

For the purposes of subsection 4A (1) of the Act, persons each of whom:

(a) is an officer or employee of the ACT Public Service; and

(b) was, immediately before becoming an officer or an employee:

(i) an employee of the Australian Capital Territory Totalizator Administration Board (other than a permanent employee); and

(ii) a member of the ACTTAB Limited Staff Superannuation Plan; and

(c) was, immediately after becoming an officer or an employee, an officer or employee performing duties for the Australian Capital Territory Totalizator Administration Board; and

(d) continues to be an officer or employee who performs duties for the Australian Capital Territory Totalizator Administration Board; and

(e) is not a scheme employee;

are a class of persons who are neither fund employees nor interim arrangement employees.

Specified arrangements: temporary employees of ACTTAB

(1) For the purposes of subsection 4A (2) of the Act, the following arrangements are to apply to a person included in the class referred to in clause 4 (in this clause called a “transferred employee”).