Document ID: chunk:federal_register_of_legislation:F2008B00218:body:0:p1
Version: federal_register_of_legislation:F2008B00218
Segment Type: other
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Character Range: 0–2845

Statutory Rules 1994 No. 3041

Superannuation (Productivity Benefit)
(Qualified Employees and Alternative
Arrangements) Declaration No. 2

I, KIM CHRISTIAN BEAZLEY, Minister for Finance, hereby make the following Declaration under subsections 3F(1) and 4A(1) and (2) of the  Superannuation (Productivity Benefit) Act 1988.
Dated 24 August 1994.

KIM C. BEAZLEY
Minister for Finance
_________

Citation
 1. This Declaration may be cited as Superannuation (Productivity Benefit) (Qualified Employees and Alternative Arrangements) Declaration No. 2.
Commencement
 2. This Declaration is taken to have commenced on 3 June 1994.

Interpretation
 3. In this Declaration:
"declared member" means a member of the class of qualified employees declared in clause 5;
"performance-based pay" means a payment of that name payable on or after 3 June 1994 under a decision of the Defence Force Remuneration Tribunal under section 58H of the Defence Act 1903;
"the Act" means the Superannuation (Productivity Benefit) Act 1988.
Qualified employees-officers of the Defence Force
 4. For the purpose of subsection 3F (1) of the Act, the class of persons each of whom:
 (a) is an officer of the Defence Force who is serving on a continuous full-time basis; and
 (b) is entitled to receive performance-based pay in that capacity; is a class of persons who are qualified employees.
Declared class of qualified employees-officers of the Defence Force
 5. For the purposes of subsection 4A (1) of the Act, the class of qualified employees mentioned in clause 4 is a class of employees who are neither fund employees nor interim arrangement employees.
Specified arrangements for declared class of qualified employees-officers of the Defence Force
 6. For the purposes of subsection 4A (2) of the Act, the arrangements stated in the following clauses apply to declared members.

Election to have performance-based pay taken into account in superannuation arrangements
 7. (1) A declared member may give notice of election to have performance-based pay taken into account in his or her superannuation arrangements under the Act.
 (2) The notice must be given in accordance with clause 10.
Selection by declared members of funds
 8. (1) A declared member who makes an election under subclause 7 (1) may give a notice of election to have any of the following payments paid by the designated employer to an approved fund specified in the notice:
 (a) payments under subclause 12 (2) by the designated employer in relation to the member;
 (b) payments under paragraph 13 (2) (b) in relation to the member.
 (2) The notice must be given in accordance with clause 10.
Elections apply only to particular payments
 9. An election under subclause 7 (1) or 8 (1) applies:
 (a) if the notice of election is expressed to apply to a payment of performance-based pay in relation to