Revised Explanatory Memorandum
(Circulated by the authority of the Minister for Finance and Administration Senator the Hon Nick Minchin)Schedule 5 - Amendment of other acts
Items 1, 2 and 7 - Amendments in relation to the benefits for certain CSS or PSS members who join the Judges' Pension Scheme
231. The SG Act imposes a responsibility on employers to provide a minimum level of superannuation for the majority of their employees. Where this is provided through a defined benefit superannuation scheme, the scheme's actuary is required to certify that the scheme satisfies the employers' superannuation guarantee obligations. Actuarial advice has indicated that the PSS may not satisfy that obligation in respect of those PSS members who are appointed to a federal office and who cease scheme membership on joining the scheme governed by the Judges' Pension Act 1968, the Judges' Pension Scheme (JPS).
232. The Administrative Appeals Tribunal Act 1975, Law Officers Act 1964 and Workplace Relations Act 1996 limit the superannuation benefits that members of the PSS and CSS can receive on appointment under those Acts, and joining the JPS.
233. The amendments in items 1, 2 and 7 of this schedule remove the provisions in the Administrative Appeals Tribunal Act 1975, Law Officers Act 1964 and Workplace Relations Act 1996 that restrict a person's entitlement to CSS or PSS benefits on joining the JPS. This will ensure that the PSS complies with the requirements of the SG Act and that the PSS or CSS benefits for persons who join that scheme are the same as those applying to any other person who voluntarily leaves the relevant scheme.
234. Item 1 amends section 16 of the Administrative Appeals Tribunal Act 1975 by repealing subsections 16(4), (4A) and (4B)
235. Item 2 amends section 14 of the Law Officers Act 1964 by repealing subsections 14(3), (4) and (5).
236. Item 7 amends section 22 of the Workplace Relations Act 1996 by repealing subsections 22(3), (4) and (5).
Items 3 to 6 - Amendments to the Superannuation Legislation Amendment Act (No. 1) 1995
237. Items 3 to 6 make technical amendments to clarify some provisions in the Superannuation Legislation Amendment Act (No. 1) 1995.