Document ID: chunk:federal_register_of_legislation:F2005B01230:body:0:p1
Version: federal_register_of_legislation:F2005B01230
Segment Type: other
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Character Range: 0–3082

THIS DEED is made on 20 August 2001 by THE COMMONWEALTH OF AUSTRALIA (in this Deed called "the Commonwealth").

WHEREAS the Commonwealth Minister of State for Finance, for and on behalf of the Commonwealth, pursuant to section 4 of the Superannuation Act 1990, established by Deed dated 21 June 1990 (which Deed, as previously amended, is in this Deed called "the Trust Deed") an occupational superannuation scheme (in the Trust Deed called the "Public Sector Superannuation Scheme") in order to provide benefits for certain of its employees and for certain other persons;

AND WHEREAS section 5 of the Superannuation Act 1990 provides that the Minister for Finance and Administration may, by signed instrument, amend the Trust Deed but that the Minister may not amend the Trust Deed unless the Board has consented to the amendment or the amendment falls within any of sub-paragraphs (b)(i), (ii) or (iii) of sub-section 5(1A);

AND WHEREAS by Deeds dated 21 June 1990, 1 July 1991, 30 June 1992, 21 December 1992, 16 June 1993, 24 January 1994, 7 March 1994, 28 June 1994, 22 June 1995, 29 January 1996, 10 December 1996, 25 March 1998 and 5 December 1999 (the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth and Thirteenth Amending Deeds, respectively) the Minister amended the Trust Deed and the Rules for the administration of the Public Sector Superannuation Scheme set out in the Schedule to the Trust Deed;

NOW THIS DEED WITNESSES that the Rules for the administration of the Public Sector Superannuation Scheme set out in the Schedule to the Trust Deed are amended as follows and that the amendments do not require the consent of the Board:

       1. The amendments of the Rules made by this Deed come into effect on the later of:

          (a) the date of gazettal [see the Acts Interpretation Act 1901, sections 46A and 48]; and

          (b) the time when the Superannuation Legislation Amendment (Post-retirement Commutations) Act 2001 commences.

     2.                       The Rules are amended as follows:

     2.1                   Rule 1.2.1 is amended by inserting the following definition after the definition of APS employee:

                        "assessment has the same meaning as in the Superannuation Contributions Tax (Assessment and Collection) Act 1997."

     2.2                   Rule 1.2.1 is amended by inserting the following definition after the definition of statutory office:

                        "surcharge has the same meaning as in the Superannuation Contributions Tax (Assessment and Collection) Act 1997.

                        surchargeable means surchargeable contributions (within the meaning of
                        contributions the Superannuation Contributions Tax (Assessment and Collection) Act 1997) that are attributable to the operation of these Rules."

     2.3                   The following Rule is inserted after Rule 9.4.2:

     "9.4.3 When apportioning a reversionary pension under Rule 9.4.1, or re-apportioning a reversionary pension under Rule