Thirty-second Amending Deed to the Trust Deed to Establish an Occupational Superannuation Scheme for Australian Government Employees and Certain Other Persons (the Public Sector Superannuation Scheme) (Cth)

THIRTY-SECOND AMENDMENT of the PUBLIC SECTOR SUPERANNUATION SCHEME TRUST DEED

THIS DEED is made on 16 December 2008 by THE COMMONWEALTH OF AUSTRALIA.

WHEREAS section 4 of the Superannuation Act 1990 (the Act) provides for the Minister to establish an occupational superannuation scheme to be administered by the Board established under section 20 of the Act (the Board);

AND WHEREAS the Public Sector Superannuation Scheme (the PSS) was established by a Trust Deed dated 21 June 1990 (the Trust Deed)[1];

AND WHEREAS the Schedule to the Trust Deed contains Rules for the administration of the PSS (the Rules);

AND WHEREAS the Trust Deed and the Rules have been amended from time to time by various Deeds;

AND WHEREAS section 5 of the Act provides for the Minister, by instrument in writing, to amend the Trust Deed, and requires the consent of the Board to amendments in certain circumstances;

AND WHEREAS consent of the Board is not required to the amendments provided for in this Deed.

NOW THIS DEED WITNESSES as follows:

1. Commencement of amendments

The amendments in the Deed take effect as follows:

(a) clause 3 and clause 5: immediately after Schedule 1 to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 commences;

(b) in all other cases: the day after this Deed is registered on the Federal Register of Legislative Instruments.

2. Interpretation

Unless a contrary intention appears, a word or phrase in this Deed has the same meaning that it has in the Trust Deed and the Rules.

3. Application of Amendments – payment of reversionary death benefits

The amendments made by clause 5 of this Deed apply in relation to a benefit payable under the Rules in respect of a person who dies on or after the day on which those amendments commence, if at the time of his or her death the deceased person was: (a) a member (including a limited benefits member); or (b) a preserved benefit member; or (c) a pensioner.