Superannuation (CSS) (Eligible Employees — Inclusion) Amendment Declaration 2005 (No. 1)1
I, NICHOLAS HUGH MINCHIN, Minister for Finance and Administration, make this Declaration under paragraph (ec) of the definition of eligible employee in subsection 3 (1) of the Superannuation Act 1976. Dated 24 June 2005 NICK MINCHIN Minister for Finance and Administration
1 Name of Declaration This Declaration is the Superannuation (CSS) (Eligible Employees — Inclusion) Amendment Declaration 2005 (No. 1). 2 Commencement This Declaration commences on 1 July 2005. 3 Amendment of Superannuation (CSS) (Eligible Employees — Inclusion) Declaration 2003 Schedule 1 amends the Superannuation (CSS) (Eligible Employees — Inclusion) Declaration 2003.
Schedule 1 Amendments (section 3) [1] Subsection 3 (1), after definition of Act insert 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 related benefits as defined in section 110A of the Act; (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. Example If a person is an eligible employee for the CSS, 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. [2] Subsection 3 (1), after definition of Medibank insert member, of a superannuation scheme that is an RSA, means a holder of the RSA. [3] Subsection 3 (1), definition of performance pay substitute performance pay means a payment of that name made under: (a) an industrial agreement under Division 3A of Part VI of the Industrial Relations Act 1988 as in force immediately before 30 March 1994; or (b) an agreement under Part VIB of that Act in force before 15 November 1996. prescribed person means a person who holds office or is employed under terms and conditions that enable the person to choose whether to take part of his or her remuneration in a non-monetary form (for example, a top-up arrangement). [4] Subsection 3 (1), definition of superannuation scheme substitute superannuation scheme: (a) means a scheme, fund or arrangement, however established, under which superannuation or retirement benefits are payable; and (b) includes an RSA within the meaning of the Retirement Savings Account Act 1997. [5] Subsection 3 (4) omit [6] Subparagraph 4 (2) (a) (iii) substitute (iii) since becoming, or last becoming, a person mentioned in subparagraph (i), has not, in relation to the holding of that office or that employment, been a member of an alternative superannuation scheme; [7] Subparagraph 4 (2) (b) (iii) substitute (iii) is not, in relation to the employment with the Northern Land Council, a member of an alternative superannuation scheme; [8] Subparagraph 4 (2) (d) (iii) substitute (iii) is not, in relation to the employment with ACTTAB Limited, a member of an alternative superannuation scheme; [9] Subparagraph 4 (2) (e) (iii) substitute (iii) is not, in relation to the employment with Medibank, a member of an alternative superannuation scheme; [10] Subparagraph 4 (2) (g) (iii) substitute (iii) is not, in relation to the employment with the Australian Government Solicitor, a member of an alternative superannuation scheme; [11] Subparagraph 4 (2) (h) (iii) substitute (iii) is not, in relation to the employment with Bankstown Airport Ltd, a member of an alternative superannuation scheme; [12] Subparagraph 4 (2) (i) (iii) substitute (iii) is not, in relation to the employment with the Sydney Harbour Federation Trust, a member of an alternative superannuation scheme; [13] Subparagraph 4 (2) (j) (iii) substitute (iii) is not, in relation to the employment with ATP Limited, a member of an alternative superannuation scheme; [14] Subparagraph 4 (2) (k) (iii) substitute (iii) each of whom is not, in relation to the employment with ASPI Ltd, a member of an alternative superannuation scheme; [15] Subparagraph 4 (2) (l) (iii) substitute (iii) is not, in relation to the employment with the CSS/PSS Board, a member of an alternative superannuation scheme; [16] Subsection 4 (3), except the note omit Note
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