Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005
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3 Definitions
In this Declaration:
1990 Act means the Superannuation Act 1990.
1995 Inclusion Declaration means the Superannuation (PSS) Membership Inclusion Declaration 1995 as in force at 1 July 2005.
2005 Act means the Superannuation Act 2005.
AHPRA means the Australian Health Practitioner Regulation Agency established upon commencement of Part 2 of the Health Practitioner Regulation National Law (ACT) Act 2010 and representing the Australian Capital Territory.
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 benefits;
(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 a member, 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.
APRA means the Australian Prudential Regulation Authority established by the Australian Prudential Regulation Authority Act 1998.
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.