1Name of Declaration
This Declaration is the Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005.
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This Declaration is the Superannuation (PSSAP) Membership Eligibility (Inclusion) Declaration 2005.
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:
means a superannuation scheme to which contributions are made in relation to the person’s employment or holding of the office; but
does not include any of the following:
a scheme to which contributions are made in relation to the person for:
if the person is employed in a particular capacity—other employment or the holding of an office; or
if the person is the holder of a particular office—other employment or the holding of another office;
a scheme to the extent that membership of that scheme by the person is for the preservation, or payment, of productivity benefits;
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;
a scheme to which contributions are made in relation to the person only in relation to performance pay;
for a prescribed person—a scheme of which the person is taken, under subsection (2), to be a member for top‑up purposes.
Example
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.
Australian Hearing Services means the body corporate established under Part 2 of the Australian Hearing Services Act 1991.
Calvary Commencement Date means the date the Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2008 commenced.
Commencement Date means the date the Superannuation (PSSAP) Membership Eligibility (Inclusion) Amendment Declaration 2006 commenced.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
ordinary employer‑sponsored member has the same meaning as in the 2005 Act.
PHIAC means the Private Health Insurance Administration Council established by the National Health Act 1953 and continued in existence under Part 6‑3 of the Private Health Insurance Act 2007.
PSS 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.
PSSAP member has the same meaning as in the Trust Deed made under section 10 of the 2005 Act.
Subject to subsection (2), a person listed in Schedule 1 is eligible to become a PSSAP member.
Subsection (1) will cease to apply to a person referred to:
in item [6] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (11) of the 1995 Inclusion Declaration; and
in item [8] of the Schedule, at the end of the first occurring of the events listed in subsection 3 (13) of the 1995 Inclusion Declaration; and
in item [9] of the Schedule, at the end of the earlier of:
the day on which the person ceases to be an employee of CSC;
the day immediately before the day on which the person becomes, in relation to the person’s employment with CSC, a member of an alternative superannuation scheme; or
if CSC ceases to be a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 – the last day on which CSC is a Commonwealth entity; and
in item [12] of the Schedule, at the end of the earlier of:
the day on which the person ceases to be an employee of AHPRA;
the day immediately before the day on which the person becomes, in relation to the person’s employment with AHPRA, a member of an alternative superannuation scheme; or
if AHPRA ceases to be a statutory authority of the Australian Capital Territory—the last day on which AHPRA is a statutory authority; and
in item [13] of the Schedule, at the end of the earlier of:
the day on which the person ceases to be an employee of Australian Hearing Services; and
the day immediately before the day on which the person becomes, in relation to the person’s employment with Australian Hearing Services, a member of an alternative superannuation scheme; or
if Australian Hearing Services ceases to be a corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013—the last day on which Australian Hearing Services is a corporate Commonwealth entity; and
in item [14] of the Schedule, at the end of the earlier of:
the day on which the person ceases to be an employee of APRA;
the day immediately before the day on which the person becomes, in relation to the person’s employment with APRA, a member of an alternative superannuation scheme; or
if APRA ceases to be a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 – the last day on which APRA is a Commonwealth entity; and
in item [15] of the Schedule, at the end of the earlier of:
the day on which the person ceases to be an employee of ASIC;
the day immediately before the day on which the person becomes, in relation to the person’s employment with ASIC, a member of an alternative superannuation scheme;
the day immediately before the day on which the person becomes a member of a superannuation scheme to which contributions are made by ASIC for purposes solely related to satisfying obligations under the Superannuation Guarantee (Administration) Act 1992; or
if ASIC ceases to be a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 – the last day on which ASIC is a Commonwealth entity.
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