Functions and powers
22 Functions and powers
The functions and powers of CSC in relation to the Public Sector Superannuation Scheme and the PSS Fund are those set out in the Trust Deed.
CSC is also responsible for the general administration of this Act.
For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.
217 Subsection 43(1)
Repeal the subsection, substitute:
Any matter or thing done, or omitted to be done, in good faith by a person who is a member of a Reconsideration Advisory Committee established under the Trust Deed in the performance of his or her functions under the Trust Deed in relation to the Public Sector Superannuation Scheme or the PSS Fund does not subject him or her personally to any action, liability, claim or demand.
The heading to section 43 is altered by omitting “of trustees etc.”.
218 At the end of subsection 43(2)
Add:
See section 35 of the Governance of Australian Government Superannuation Schemes Act 2011.
219 Subsections 43(3) and (4)
Repeal the subsections.
220 After paragraph 47(a)
Insert:
a director (within the meaning of the Governance of Australian Government Superannuation Schemes Act 2011); or
221 Paragraph 47(c)
Repeal the paragraph, substitute:
the CEO or a member of the staff of ComSuper in the performance of the CEO’s functions in relation to this Act.
Superannuation Act 2005
222 Section 4
Before “In this Act”, insert “(1)”.
For other amendments of this Act, see Part 2 of this Schedule.
223 Section 4
Insert:
Australian government superannuation scheme member means a person who is:
a member of the PSS; or
an eligible employee (within the meaning of the Superannuation Act 1976);
so long as the Minister has made a declaration that such a person is an Australian government superannuation scheme member.
See also subsections (2) and (3).
224 Section 4
Insert:
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
225 Section 4
Insert:
former Australian government superannuation scheme member means:
a person who is a former member of the PSS in respect of whom a preserved benefit under PSS has not yet been paid; or
a person in respect of whom deferred benefits are applicable under the Superannuation Act 1976;
so long as the Minister has made a declaration that such a person is a former Australian government superannuation scheme member.
See also subsections (2) and (3).
226 Section 4 (at the end of the definition of PSSAP Fund)
Add:
From 1 July 2011, the fund is vested in CSC.
227 Section 4 (definition of trustee)
Repeal the definition.
228 At the end of section 4
Add:
A declaration under:
the definition of Australian government superannuation scheme member; or
the definition of former Australian government superannuation scheme member;
is a legislative instrument.
Despite anything in section 44 of the Legislative Instruments Act 2003, section 42 of that Act applies to a declaration under:
the definition of Australian government superannuation scheme member; or
the definition of former Australian government superannuation scheme member.
229 Subsection 13(1)
Repeal the subsection, substitute:
A person is eligible to become a member of PSSAP if:
subject to subsections (2) and (3), the person is:
a public sector employee; or
specified in a written declaration made by the Minister under this subparagraph; or
subject to subsection (3), the person is an Australian government superannuation scheme member; or
subject to subsection (3), the person is a former Australian government superannuation scheme member.
Subparagraph (1)(a)(ii)—for specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.
230 Subsection 17(1)
Repeal the subsection, substitute:
This section applies to a person who is:
an ordinary employer‑sponsored member of PSSAP in respect of particular employment or the holding of a particular office; or
an Australian government superannuation scheme member who has chosen to be a member of PSSAP.
231 Subsection 19(1)
Repeal the subsection, substitute:
This section applies to a person who is:
an ordinary employer‑sponsored member of PSSAP in respect of particular employment or the holding of a particular office; or
an Australian government superannuation scheme member who has chosen to be a member of PSSAP.
232 Division 1 of Part 5 (heading)
Repeal the heading, substitute:
233 Section 20
Repeal the section, substitute:
This Act’s bill:Explanatory memorandumSecond reading speech
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