Commonwealth legislation

Superannuation (Productivity Benefit) (Qualified Employees Exclusion) Declaration 2012

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Jurisdiction

Commonwealth

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legislative instrument

Plain English Summary

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This Declaration, made by the Minister under subsection 3F(2) of the Superannuation (Productivity Benefit) Act 1988, designates a specific class of judges as "not qualified employees" for the PB Act. The class covers judges who would be entitled to a benefit under section 12A(2) of the Judges’ Pensions Act 1968 if they were not PB "qualified employees", where that Judges’ Pensions benefit is at least as large as the PB Act benefit.

Effect: those judges receive the Judges’ Pensions Act benefit rather than the PB Act productivity superannuation. The Minister decides the exclusion and it operates from 1 July 2012.

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Superannuation (Productivity Benefit) (Qualified Employees Exclusion) Declaration 2012

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Superannuation (Qualified Employees Exclusion) Declaration 20121

I, Penelope YING YEN WONG, Minister for Finance and Deregulation, make the following Declaration under subsection 3F(2) of the Superannuation (Productivity Benefit) Act 1988.

Dated 12 December 2012

Penelope YING YEN WONG

Minister for Finance and Deregulation

1 Name of Declaration

This Declaration is the Superannuation (Productivity Benefit) (Qualified Employees Exclusion) Declaration 2012.

2 Commencement

This Declaration commences on 1 July 2012.

3 Interpretation

In this Declaration, unless the contrary intention appears:

“PB Act” means the Superannuation (Productivity Benefit) Act 1988;

“JP Act” means the Judges’ Pensions Act 1968.

4 Class of persons who are not qualified employees

For the purposes of subsection 3F(2) of the PB Act, the class of persons, each of whom is a person:

(a) to whom section 12A of the JP Act would apply if they were not a qualified employee under the PB Act on the last day on which they held office as a Judge; and

(b) in respect of whom:

(i) a benefit would be payable under subsection 12A(2) of the JP Act if they were not a qualified employee under the PB Act on the last day on which they held office as a Judge; and

(ii) the benefit that would be payable under subsection 12A(2) of the JP Act is not less than the benefit that would otherwise be payable under the PB Act if the person were a qualified employee.

is a class of persons who are not qualified employees.

Note

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.comlaw.gov.au.

Source text

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

1 Superannuation (Productivity Benefit) (Qualified Employees Exclusion) Declaration 2012