Document ID: chunk:federal_register_of_legislation:F2022C00502:front:0:p3
Version: federal_register_of_legislation:F2022C00502
Segment Type: other
Provision Reference: 
Character Range: 5226–7998

Part VI of the Industrial Relations Act 1988 as in force immediately before 30 March 1994; or
 (b) an agreement under Part VIB of that Act in force before 15 November 1996.
prescribed person means a person who holds office or is employed under terms and conditions that enable the person to choose whether to take part of his or her remuneration in a non‑monetary form (for example, a top‑up arrangement).
private superannuation scheme means a scheme, fund or arrangement, however established, under which superannuation or retirement benefits are payable, but does not include a scheme established by or under an Act of a State, a Territory or the Commonwealth.
productivity benefits means benefits that are productivity related benefits within the meaning of section 110A of the 1976 Act.
Public Service Act means the Public Service Act 1922.
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 means an arrangement in relation to the employment of, or the holding of an office by, a person (the payee):
 (a) under which:
 (i) another person (the payer) contributes, on behalf of the payee, to a superannuation scheme (which may be a scheme that applies only to the payee) under which superannuation or retirement benefits are payable to, or in relation to, the payee; and
 (ii) the contributions are part of, and not additional to, the payee's overall remuneration package provided by the payer; and
 (b) that is entered into on the basis that:
 (i) the payee continues to be, or becomes, a member of the Public Sector Superannuation Scheme; and
 (ii) the payer continues to be, or becomes, the designated employer of the payee;
  in relation to that employment or holding of office.
Note   Unless the contrary intention appears, terms defined in the Superannuation Act 1990 have the same meaning in this Declaration. For example, section 3 of that Act contains the following definition:
Public Sector Superannuation Scheme means the superannuation scheme established by the Trust Deed.
 (2) For the purposes of this Declaration, a person is taken to be a member of a superannuation scheme for top‑up purposes if the person is a member of the scheme only because of:
 (a) a top‑up arrangement; or
 (b) a top‑up arrangement and any of the following circumstances:
 (i) contributions relating to performance pay are made to the scheme;
 (ii) the person is a member of the scheme for the purpose of the preservation, or payment, of productivity benefits;
 (iii) participation in the scheme on the person's behalf by the person's employer is for purposes solely related