Commonwealth legislation

Superannuation (PSS) Temporary Employee Declaration No. 2

In ForceCTH

Jurisdiction

Commonwealth

Act Number

222 of 1993

Collection

legislative instrument

Plain English Summary

3/10 complexity

This declaration treats certain Australian Broadcasting Corporation employees engaged overseas as “temporary employees” under the Superannuation Act 1990, so they are considered members of the Parliamentary Superannuation Scheme while employed abroad. It operates retroactively from 1 July 1990.

It applies only to people who were PSS members immediately before the overseas engagement or who made specified elections under the Superannuation Act 1976; employees engaged before Gazette notification must have asked in writing to be treated as members. The change affects employer/scheme contribution and benefit responsibilities.

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Current sections

Direct links to the current provisions in Superannuation (PSS) Temporary Employee Declaration No. 2.

Superannuation (PSS) Temporary Employee Declaration No. 2

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Statutory Rules 1993 No. 2221

__________________

Superannuation (PSS) Temporary Employee Declaration No. 2

I, RALPH WILLIS, Minister for Finance, make the following declaration under section 3 of the Superannuation Act 1990.

Dated 9 August 1993.

RALPH WILLIS

Minister for Finance

____________

Citation

This declaration may be cited as Superannuation (PSS) Temporary Employee Declaration No. 2.

Commencement

This declaration is taken to have commenced on 1 July 1990.

Temporary employees

The definition of “temporary employee” in section 3 of the Superannuation Act 1990 applies to a person who is engaged as a temporary employee by the Australian Broadcasting Corporation for employment outside Australia only, if:

(a) the person was a member of the Superannuation Scheme immediately before becoming so engaged; or

(b) the person:

(i) was an eligible employee for the purposes of the Superannuation Act 1976 immediately before becoming so engaged; and

(ii) while an eligible employee, made an election under subsection 244 (1) of the Superannuation Act 1976 that has not been revoked and a declaration under that subsection;

and, if the person became so engaged before the date of notification in the Gazette of the making of this declaration, the person made a request, in writing, before that date, to be treated as a member of the Superannuation Scheme while so engaged.

___________________________________________________________

NOTE

Note: 1. Notified in the Commonwealth of Australia Gazette on 13 August 1993.

Source text

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

1 Superannuation (PSS) Temporary Employee Declaration No. 2

Statutory Rules 1993 No. 2221

__________________

Superannuation (PSS) Temporary Employee Declaration No. 2

I, RALPH WILLIS, Minister for Finance, make the following declaration under section 3 of the Superannuation Act 1990.

Dated 9 August 1993.

RALPH WILLIS

Minister for Finance

____________

Citation

This declaration may be cited as Superannuation (PSS) Temporary Employee Declaration No. 2.

Commencement

This declaration is taken to have commenced on 1 July 1990.

Temporary employees

The definition of “temporary employee” in section 3 of the Superannuation Act 1990 applies to a person who is engaged as a temporary employee by the Australian Broadcasting Corporation for employment outside Australia only, if:

(a) the person was a member of the Superannuation Scheme immediately before becoming so engaged; or

(b) the person:

(i) was an eligible employee for the purposes of the Superannuation Act 1976 immediately before becoming so engaged; and

(ii) while an eligible employee, made an election under subsection 244 (1) of the Superannuation Act 1976 that has not been revoked and a declaration under that subsection;

___________________________________________________________

NOTE

Note: 1. Notified in the Commonwealth of Australia Gazette on 13 August 1993.