Document ID: chunk:federal_register_of_legislation:F2008C00387:body:0:p1
Version: federal_register_of_legislation:F2008C00387
Segment Type: other
Provision Reference: 
Character Range: 0–3438

Superannuation Benefits (Prescribed Requirements) Determination 2005

as amended

made under section 6 of the

Superannuation Benefits (Supervisory Mechanisms) Act 1990

This compilation was prepared on 10 July 2008
taking into account amendments up to Superannuation Benefits (Prescribed Requirements) Amendment Determination 2008 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General's Department, Canberra

Contents

 1 Name of Determination [see Note 1]
 2 Commencement
 3 Definitions
 4 Prescribed requirements

Schedule 1 Prescribed Requirements for Provision of Superannuation Benefits

Notes

1 Name of Determination [see Note 1]

  This Determination is the Superannuation Benefits (Prescribed Requirements) Determination 2005.

2 Commencement

  This Determination commences on 1 July 2005.

3 Definitions

 (1) In this Determination:

1976 Act                       means the Superannuation Act 1976.

1988 Act                       means the Superannuation (Productivity Benefit) Act 1988.

1990 Act                       means the Superannuation Act 1990.

1995 Exclusion Declaration     means the Superannuation (PSS) Membership Exclusion Declaration 1995 as in force at 1 July 2005

1995 Inclusion Declaration     means the Superannuation (PSS) Membership Inclusion Declaration 1995 as in force at 1 July 2005

2005 Act                       means the Superannuation Act 2005.

SG Act                         means the Superannuation Guarantee (Administration) Act 1992.

the Act                        means the Superannuation Benefits (Supervisory Mechanisms) Act 1990.

complying superannuation fund  means a superannuation fund which is a complying superannuation fund for the purposes of the SG Act.

excluded employee              means a person who is:

                                  (a) a member of the PSS; or
                                  (b) an eligible employee under the 1976 Act; or
                                  (c) a person for whom superannuation contributions are being made under the 1988 Act; or
                                  (d) a person for whom an employer is making contributions to a complying superannuation fund or RSA who would otherwise be a person referred to in paragraph (a), (b) or (c) and the employer is not an employer specified, or included in a class of employers specified, in a Prior Determination as being allowed to establish a superannuation arrangement.

PSS                            means the Public Sector Superannuation Scheme established by Trust Deed under the 1990 Act.

Prior Determination            means a determination made under section 6 of the Act prior to this Determination.

PSSAP member                   has the same meaning as in the Trust Deed made under section 10 of the 2005 Act.

relevant employee              means in respect of particular employment, a person, other than an excluded employee, who is employed under a relevant law or by a relevant body and for that particular employment:

                                  (a) is employed for a fixed term which commenced on or after 1 July 2005; or
                                  (b) is employed other than for a fixed term which commenced on or after 1 July 2005; or
                                  (c) is appointed for a fixed term which commenced on or after 1 July 2005; or
                                  (d) has ceased to