Commonwealth legislation

Superannuation (PSSAP) Public Sector Employees Declaration 2005

In ForceCTH

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

3/10 complexity

This Declaration (commencing 1 July 2005) names particular public‑sector roles that are not "exempt overseas employees" under the Superannuation Act 2005, so those people remain governed by the Public Sector Superannuation Accumulation Plan (PSSAP). The Minister for Finance, exercising paragraph 5(2)(b), lists overseas government/HM representatives, certain ABC temporary overseas employees who were previously employer‑sponsored members, and holders of statutory office as not exempt, which determines their superannuation membership and employer/employee superannuation obligations.

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Superannuation (PSSAP) Public Sector Employees Declaration 2005

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Superannuation (PSSAP) Public Sector Employees Declaration 20051

I, NICK MINCHIN, Minister for Finance and Administration, make the following Declaration under paragraph 5 (2) (b) of the Superannuation Act 2005.

Dated 29 June 2005

NICK MINCHIN

Minister for Finance and Administration

1 Name of Declaration

This Declaration is the Superannuation (PSSAP) Public Sector Employees Declaration 2005.

2 Commencement

This Declaration commences on 1 July 2005.

3 Definitions

In this Declaration:

1990 Act	means the Superannuation Act 1990.
2005 Act	means the Superannuation Act 2005.
exempt overseas employee	has the same meaning as in the 2005 Act.
ordinary employer-sponsored member	has the same meaning as in the 2005 Act.
PSSAP	means the Public Sector Superannuation Accumulation Plan established by Trust Deed in accordance with section 10 of the 2005 Act.
statutory office	has the same meaning as in the 2005 Act.
temporary employee	has the same meaning as in the 1990 Act.

4 Persons who are not exempt overseas employees under section 5 of the 2005 Act

A person mentioned in Schedule 1 is not an exempt overseas employee.

Schedule 1 Persons who are not exempt overseas employees

(section 4)

[1] A person who is engaged or appointed as:

(a) the representative in another country of the Government of Australia; or

(b) the Australian representative in another country of Her Majesty;

who immediately before his or her engagement or appointment was an ordinary employer-sponsored member in respect of:

(d) the holding of a statutory office.

[2] A person who is engaged as a temporary employee by the Australian Broadcasting Corporation for employment outside Australia onlywho, immediately before his or her engagement, was an ordinary employer-sponsored member for other employment.

[3] A person who is the holder of a statutory office.

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.frli.gov.au.

Source text

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

1 Superannuation (PSSAP) Public Sector Employees Declaration 2005