Document ID: chunk:federal_register_of_legislation:F2022C00504:reg:3:p4
Version: federal_register_of_legislation:F2022C00504
Segment Type: reg
Provision Reference: reg 3 (pt 4/4)
Character Range: 10777–12702

Act 1992.
section 14A means section 14A of the Act as in force immediately before the commencement of this Declaration.
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.
top‑up arrangement has the meaning given by subsection (3).
 (2) For this Declaration, a person is taken to be a member of a superannuation scheme for top‑up purposes if, and only if, he or she is a member of the scheme:
 (a) only because of a top‑up arrangement; or
 (b) because of:
 (i) a top‑up arrangement; and
 (ii) any of the following circumstances:
 (A) contributions are made to the scheme in relation to performance pay;
 (B) the person is a member of the scheme for the purpose of the preservation or payment of productivity related benefits as defined in section 110A of the Act;
 (C) participation in the scheme on the person's behalf by the person's employer is for purposes solely related to satisfying the employer's obligations under the Superannuation Guarantee (Administration) Act 1992.
 (3) A top‑up arrangement is an arrangement:
 (a) between the person (the payee) to whom, under the arrangement, remuneration is paid and the person (the payer) who pays the remuneration, by which the payer makes contributions in relation to the payee to a superannuation scheme (which may be a scheme applying only in relation to the payee); and
 (b) in which the contributions mentioned in paragraph (a):
 (i) constitute part of the payee's overall remuneration; and
 (ii) are not paid as an addition to remuneration otherwise payable; and
 (c) in which the payer makes payments under the Act:
 (i) in relation to the payee; and
 (ii) in relation to the employment or office to which the arrangement relates.

Part 2—Persons who cease to be eligible employees