Commonwealth legislation

Superannuation (PSS) Membership Exclusion Declaration No. 8

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

132 of 1994

Collection

legislative instrument

Plain English Summary

2/10 complexity

What it does: This declaration excludes a specific group of former Navy employees from automatically joining the Commonwealth government's superannuation scheme (the PSS).

Who it affects: People who:

Were employed under the Naval Defence Act 1910 immediately before 19 May 1994
Were appointed as Australian Public Service (APS) officers on that exact date (19 May 1994)
Have remained APS officers since then
Have not asked to join the scheme in writing

How it works: Normally, section 6 of the Superannuation Act 1990 automatically makes certain public servants members of the PSS. This declaration says that automatic rule does not apply to this specific group. However, these people can still choose to join the scheme by submitting a written request.

Why it matters: It determines whether this small cohort of naval-to-public-service transferees gets default superannuation coverage or must actively opt in to receive it.

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Superannuation (PSS) Membership Exclusion Declaration No. 8

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Statutory Rules 1994 No. 1321

__________________

Superannuation (PSS) Membership Exclusion Declaration No. 8

I, KIM CHRISTIAN BEAZLEY, Minister for Finance, make the following Declaration under paragraph 6 (2) (c) of the Superannuation Act 1990.

Dated 9 May 1994.

KIM C. BEAZLEY

Minister for Finance

____________

Citation

This Declaration may be cited as Superannuation (PSS) Membership Exclusion Declaration No. 8.

Commencement

This Declaration commences on 19 May 1994.

Interpretation

In this Declaration:

“Act” means the Superannuation Act 1990.

Persons to whom section 6 of the Act does not apply

Section 6 of the Act does not apply to a person who:

(a) immediately before 19 May 1994:

(i) was employed under section 42 of the Naval Defence Act 1910; and

(ii) was not a member of the Superannuation Scheme; and

(iii) was not an eligible employee for the purposes of the Superannuation Act 1976 who had made an election and declaration under subsection 244 (1) of that Act; and

(b) was appointed as an officer of the Australian Public Service on 19 May 1994 under section 81B of the Public Service Act 1922; and

(d) has not made a request, in writing, to be treated as a member of the Superannuation Scheme.

___________________________________________________________

NOTE

Note: 1. Notified in the Commonwealth of Australia Gazette on 18 May 1994.

Source text

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

1 Superannuation (PSS) Membership Exclusion Declaration No. 8

Statutory Rules 1994 No. 1321

__________________

Superannuation (PSS) Membership Exclusion Declaration No. 8

I, KIM CHRISTIAN BEAZLEY, Minister for Finance, make the following Declaration under paragraph 6 (2) (c) of the Superannuation Act 1990.

Dated 9 May 1994.

KIM C. BEAZLEY

Minister for Finance

____________

Citation

This Declaration may be cited as Superannuation (PSS) Membership Exclusion Declaration No. 8.

Commencement

This Declaration commences on 19 May 1994.

Interpretation

In this Declaration:

“Act” means the Superannuation Act 1990.

Persons to whom section 6 of the Act does not apply

Section 6 of the Act does not apply to a person who:

(a) immediately before 19 May 1994:

(i) was employed under section 42 of the Naval Defence Act 1910; and

(ii) was not a member of the Superannuation Scheme; and

(iii) was not an eligible employee for the purposes of the Superannuation Act 1976 who had made an election and declaration under subsection 244 (1) of that Act; and

(b) was appointed as an officer of the Australian Public Service on 19 May 1994 under section 81B of the Public Service Act 1922; and

(d) has not made a request, in writing, to be treated as a member of the Superannuation Scheme.

___________________________________________________________

NOTE

Note: 1. Notified in the Commonwealth of Australia Gazette on 18 May 1994.