Superannuation (Productivity Benefit) Alternative Arrangements (Pre-existing Arrangements with Complying Funds) Declaration (Cth)

Statutory Rules 1995 No. 761 __________________

Superannuation (Productivity Benefit) Alternative Arrangements (Pre-existing Arrangements with Complying Funds) Declaration

I, KIM BEAZLEY, Minister for Finance, make the following Declaration under section 4A of the Superannuation (Productivity Benefit) Act 1988.

Dated 29 March 1995.

KIM C. BEAZLEY Minister for Finance

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Citation

1. This Declaration may be cited as the Superannuation (Productivity Benefit) Alternative Arrangements (Pre-existing Arrangements with Complying Funds) Declaration.

Commencement

2. This Declaration is taken to have commenced on 1 July 1990.

Interpretation

3. (1) In this Declaration: "the Act" means the Superannuation (Productivity Benefit) Act 1988.

Declaration of class of qualified employees

4. (1) For the purposes of subsection 4a (1) of the Act, the class of qualified employees referred to in subclause (2) is a class of employees who are neither fund employees nor interim arrangement employees.

(2) The class comprises qualified employees each of whom is a person: (a) who, before receipt of a written offer of employment, notice of appointment or similar instrument in relation to particular employment, has an existing superannuation arrangement; and (b) who elects: (i) to become a member of the nominated fund; or (ii) to become a member of an approved fund; or (iii) subject to subclause (3), to use a pre-existing superannuation arrangement with a fund that is prepared to accept the minimum employer-sponsored superannuation contributions.

(3) For the purposes of subparagraph (2) (b) (iii), the employee must show that the fund is a complying superannuation fund within the meaning of Part IX of the Income Tax Assessment Act 1936.

Election and revocation

5. (1) An employee may at any time: (a) revoke the election referred to in paragraph 4 (2) (b); and (b) make a further election.