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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Superannuation Amendment (PSSAP
Membership) Bill 2020
No. , 2020
(Finance)
A Bill for an Act to amend the law relating to
superannuation, and for related purposes
No. , 2020
Superannuation Amendment (PSSAP Membership) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Superannuation Act 2005
3
Schedule 2--Application and transitional provisions
7
No. , 2020
Superannuation Amendment (PSSAP Membership) Bill 2020
1
A Bill for an Act to amend the law relating to
1
superannuation, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Superannuation Amendment (PSSAP Membership)
5
Act 2020
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Superannuation Amendment (PSSAP Membership) Bill 2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2020
Superannuation Amendment (PSSAP Membership) Bill 2020
3
Schedule 1--Amendments
1
2
Superannuation Act 2005
3
1 Section 3
(paragraph beginning "A former public sector
4
employee")
5
Omit "continue to".
6
2 Subsection 4(1)
7
Insert:
8
eligible CSS/PSS member or former member
means a person who
9
is an ordinary employer-sponsored member of PSSAP under
10
subsection 18(8A).
11
eligible PSSAP member
means a person who is an ordinary
12
employer-sponsored member of PSSAP under subsection 18(7).
13
3 Subsection 4(1) (definition of
former Commonwealth
14
ordinary employer-sponsored member
)
15
Repeal the definition.
16
4 After paragraph 13(1)(c)
17
Insert:
18
; or (d) the person was a member of the PSS or an eligible employee
19
(within the meaning of the
Superannuation Act 1976
) at a
20
time after the commencement of the
Superannuation
21
Amendment (PSSAP Membership) Act 2020
but is no longer
22
such a member or eligible employee.
23
5 Paragraph 17(1)(a)
24
Omit "(except a former Commonwealth ordinary employer-sponsored
25
member)", substitute "within the meaning of subsection 18(2), (3) or
26
(5)".
27
6 Subsection 17(2) (note 2)
28
Omit "a former Commonwealth ordinary employer-sponsored
29
member", substitute "an eligible PSSAP member or an eligible
30
CSS/PSS member or former member".
31
Schedule 1
Amendments
4
Superannuation Amendment (PSSAP Membership) Bill 2020
No. , 2020
7 Subsection 18(1)
1
Omit "4", substitute "5".
2
8 Subsections 18(7) and (8)
3
Repeal the subsections, substitute:
4
Eligible PSSAP member
5
(7) Subject to subsections (8) and (9), if:
6
(a) at a particular time, a person is a member of PSSAP; and
7
(b) the person is, or previously was, an ordinary
8
employer-sponsored member of PSSAP under one or more of
9
subsections (2), (3) and (5); and
10
(c) the person is, or previously would have been eligible to
11
become, a member of PSSAP because of particular
12
employment or holding one or more particular offices, where
13
the periods of any such employment, and the periods of
14
holding any such office, taken together constitute or
15
constituted a continuous period of at least 12 months;
16
the person is an
ordinary employer-sponsored member
of PSSAP.
17
Note:
A person who is an ordinary employer-sponsored member of PSSAP
18
under this subsection is known as an eligible PSSAP member.
19
(8) If:
20
(a) subsection (2), (3) or (5) applies to a person in respect of any
21
employment of the person or any holding of an office by the
22
person; or
23
(b) a person is, or would be able to become, a member of the
24
PSS or an eligible employee (within the meaning of the
25
Superannuation Act 1976
) in respect of any employment of
26
the person or any holding of an office by the person;
27
the person is not an
ordinary employer-sponsored member
of
28
PSSAP under subsection (7) in respect of that employment or the
29
holding of that office.
30
Eligible CSS/PSS member or former member
31
(8A) Subject to subsections (8B) and (9), if:
32
(a) at a particular time, a person is a member of PSSAP; and
33
Amendments
Schedule 1
No. , 2020
Superannuation Amendment (PSSAP Membership) Bill 2020
5
(b) the person is, or previously would have been able to become,
1
a member of the PSS or an eligible employee (within the
2
meaning of the
Superannuation Act 1976
) because of
3
particular employment or holding one or more particular
4
offices, where the periods of any such employment, and the
5
periods of holding any such office, taken together constitute
6
or constituted a continuous period of at least 12 months; and
7
(c) either:
8
(i) the person was a former Australian government
9
superannuation scheme member at the time the
10
Superannuation Amendment (PSSAP Membership) Act
11
2020
commences; or
12
(ii) the person is a member of the PSS or an eligible
13
employee (within the meaning of the
Superannuation
14
Act 1976
) at any time on or after the day the
15
Superannuation Amendment (PSSAP Membership) Act
16
2020
commences;
17
the person is an
ordinary employer-sponsored member
of PSSAP.
18
Note:
A person who is an ordinary employer-sponsored member of PSSAP
19
under this subsection is known as an eligible CSS/PSS member or
20
former member.
21
(8B) If:
22
(a) subsection (2), (3) or (5) applies to a person in respect of any
23
employment of the person or any holding of an office by the
24
person; or
25
(b) a person is, or would be able to become, a member of the
26
PSS or an eligible employee (within the meaning of the
27
Superannuation Act 1976
) in respect of any employment of
28
the person or any holding of an office by the person; or
29
(c) paragraph 6(2)(ba) of the
Superannuation Act 1990
applies to
30
a person in respect of any employment of the person or any
31
holding of an office by the person;
32
the person is not an
ordinary employer-sponsored member
of
33
PSSAP under subsection (8A) in respect of that employment or the
34
holding of that office.
35
9 Before subsection 18(9)
36
Insert:
37
Schedule 1
Amendments
6
Superannuation Amendment (PSSAP Membership) Bill 2020
No. , 2020
Minister may determine class of excluded persons
1
10 Subsection 18(9)
2
After "subsection (7)", insert "or (8A)".
3
11 Paragraph 19(1)(a)
4
Omit "in respect of particular employment or the holding of a particular
5
office".
6
12 Subsection 19(2) (table item 5A)
7
Repeal the item, substitute:
8
5A
the person is:
(a) an eligible PSSAP member; or
(b) an eligible CSS/PSS member or
former member
if the person has an employer--the
employer.
13 Paragraph 42(1)(a)
9
Omit "(except a former Commonwealth ordinary employer-sponsored
10
member)", substitute "within the meaning of subsection 18(2), (3) or
11
(5)".
12
14 Paragraph 43(1)(b)
13
Omit "(except a former Commonwealth ordinary employer-sponsored
14
member)", substitute "within the meaning of subsection 18(2), (3) or
15
(5)".
16
Application and transitional provisions
Schedule 2
No. , 2020
Superannuation Amendment (PSSAP Membership) Bill 2020
7
Schedule 2--Application and transitional
1
provisions
2
3
1 Eligible PSSAP member
4
A person who is an ordinary employer-sponsored member of PSSAP
5
under subsection 18(7) of the
Superannuation Act 2005
as in force
6
immediately before the commencement of this item continues to be an
7
ordinary employer-sponsored member of PSSAP under
8
subsection 18(7) of the
Superannuation Act 2005
as amended by this
9
Act.
10