Military Superannuation and Benefits (Eligible Member) Declaration 2002 (Cth)

Case

Military Superannuation and Benefits (Eligible Member) Declaration 2002

Statutory Rules 2002 No. 175 as amended

made under the

Military Superannuation and Benefits Act 1991

This compilation was prepared on 23 June 2003
taking into account amendments up to SR 2003 No. 133

[Note: These Statutory Rules were revoked by SR 2003 No. 133]

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

1Name of Declaration [see Note 1]   2

2Commencement [see Note 1]   2

3Definitions   2

4Eligible members   3

5Military Superannuation and Benefits (Eligible Member) Declaration 2001 — revocation       3

Schedule 1Eligible members — employment categories                4

Part 1Navy   4

Part 2Army   8

Part 3Air Force   10

Schedule 2Eligible members   15

Notes    18

  1. Name of Declaration [see Note 1]

This Declaration is the Military Superannuation and Benefits (Eligible Member) Declaration 2002.

  1. Commencement [see Note 1]

This Declaration commences on gazettal.

  1. Definitions

In this Declaration:

Act means the Military Superannuation and Benefits Act 1991.

commencement date means the date of commencement of this Declaration.

  1. Eligible members

(1)   For paragraph (f) of the definition of eligible member in subsection 30 (1) of the Act, a person is an eligible member if:

(a)    the person:

(i)    is included in an employment category, and holds a rank, mentioned in Schedule 1; and

(ii)    meets the conditions mentioned for the category; or

(b)    the person is mentioned in Schedule 2.

(2)   For item 1.9 of Schedule 1, the number of years of continuous eligible service includes any periods of service in the employment category Radar Plot.

  1. Military Superannuation and Benefits (Eligible Member) Declaration 2001 — revocation

Statutory Rules 2001 No. 88 is revoked.

Schedule 1        Eligible members — employment categories

(paragraph 4 (1) (a))

Part 1          Navy

Item

Employment category

Rank

Conditions

1.1

Electronic Technical Weapons Systems

Any rank

1.    Included in the employment category at any time from 1 October 1991 to 30 September 1992 (inclusive)

2.    Had become eligible, before 28 September 1995, to receive retention benefit under subsection 32 (1) or (3) of the Act

1.2

Meteorology

Any rank

1.    Included in the employment category at any time from 1 October 1991 to 27 September 1995 (inclusive)

2.    Had become eligible, before 28 September 1995, to receive retention benefit under subsection 32 (1) or (3) of the Act

1.3

Radio Operator

Any rank

1.    Included in the employment category at any time from 1 October 1991 to 27 September 1995 (inclusive)

2.    Had become eligible, before 28 September 1995, to receive retention benefit under subsection 32 (1) or (3) of the Act

1.4

Radar Plot

Any rank

1.    Included in the employment category at any time from 1 October 1991 to 27 September 1995 (inclusive)

2.    Had become eligible, before 28 September 1995, to receive retention benefit under subsection 32 (1) or (3) of the Act

1.5

Survival Equipment

Any rank

1.    Included in the employment category at any time from 1 October 1991 to 27 September 1995 (inclusive)

2.    Had become eligible, before 28 September 1995, to receive retention benefit under subsection 32 (1) or (3) of the Act

1.6

Signals

Any rank

1.    Included in the employment category at any time from 1 October 1991 to 27 September 1995 (inclusive)

2.    Had become eligible, before 28 September 1995, to receive retention benefit under subsection 32 (1) or (3) of the Act

1.7

Underwater Control Submarines

Any rank

1.    Included in the employment category at any time from 1 October 1991 to 27 September 1995 (inclusive)

2.    Had become eligible, before 28 September 1995, to receive retention benefit under subsection 32 (1) or (3) of the Act

1.8

Marine Technical Hull Submarines

Any rank

1.    Included in the employment category at any time from 1 October 1992 to 27 September 1995 (inclusive)

2.    Had become eligible, before 28 September 1995, to receive retention benefit under subsection 32 (1) or (3) of the Act

1.9

Combat System Operator

Any rank

1.    Included in the employment category at any time from 1 October 1993 to 27 September 1995 (inclusive)

2.    Had become eligible, before 28 September 1995, to receive retention benefit under subsection 32 (1) or (3) of the Act

1.10

Aviation — Pilot

Any rank

1.    Included in the employment category at any time from 31 July 1996 to the commencement date (inclusive)

2.    Had become eligible, before 10 May 2001, to receive retention benefit under subsection 32 (1) or (3) of the Act

1.11

Communications — Signals

Any rank

1.   Included in the employment category at any time from 31 July 1996 to 20 April 2000 (inclusive)

2.    Had become eligible, before 20 April 2000, to receive retention benefit under subsection 32 (1) or (3) of the Act

1.12

Aviation — Observer

Lieutenant

1.    Included in the employment category at any time from 13 February 1998 to 23 April 1999 (inclusive)

2.    Had become eligible, before 23 April 1999, to receive retention benefit under subsection 32 (1) or (3) of the Act

1.13

Aviation Technician Aircraft

Leading Seaman

1.    Included in the employment category at any time from 13 February 1998 to 20 April 2000 (inclusive)

2.    Had become eligible, before 20 April 2000, to receive retention benefit under subsection 32 (1) or (3) of the Act

1.14

Writer

Leading Seaman

1.    Included in the employment category at any time from 10 May 2001 to the commencement date (inclusive)

2.    Had become eligible, before the commencement date, to receive retention benefit under subsection 32 (1) or (3) of the Act

1.15

Stores Naval

Leading Seaman

1.    Included in the employment category at any time from 10 May 2001 to the commencement date (inclusive)

2.    Had become eligible, before the commencement date, to receive retention benefit under subsection 32 (1) or (3) of the Act

1.16

Cook

Leading Seaman

Included in the employment category at any time on or after the commencement date

1.17

Clearance Diver

Leading Seaman

Included in the employment category at any time on or after the commencement date

1.18

Naval Police Coxswain

Leading Seaman

Included in the employment category at any time on or after the commencement date

1.19

Photographer

Leading Seaman

Included in the employment category at any time on or after the commencement date

Part 2          Army

Item

Employment category

Rank

Conditions

2.1

Coach Trimmer

Any rank

1.    Included in the employment category at any time from 1 October 1991 to the commencement date (inclusive)

2.    Had become eligible, before 10 May 2001, to receive retention benefit under subsection 32 (1) or (3) of the Act

2.2

Equipment Painter

Any rank

1.    Included in the employment category at any time from 1 October 1992 to 23 April 1999 (inclusive)

2.    Had become eligible, before 23 April 1999, to receive retention benefit under subsection 32 (1) or (3) of the Act

2.3

Laboratory Technician

Any rank

Included in the employment category at any time on or after 1 October 1991

2.4

Operating Theatre Technician

Any rank

Included in the employment category at any time on or after 1 October 1991

2.5

Radiographer

Any rank (except officer)

Included in the employment category at any time on or after 1 October 1992

2.6

Surveyor Engineer

Any rank

1.    Included in the employment category at any time from 1 October 1992 to the commencement date (inclusive)

2.    Had become eligible, before 10 May 2001, to receive retention benefit under subsection 32 (1) or (3) of the Act

2.7

Aircraft Life Support Fitter

Corporal

Included in the employment category at any time on or after 13 February 1998

2.8

Aircraft Structural Fitter

Corporal

Included in the employment category at any time on or after 23 April 1999

2.9

Nurse

Lieutenant

1.    Included in the employment category at any time from 10 May 2001 to the commencement date (inclusive)

2.    Had become eligible, before the commencement date, to receive retention benefit under subsection 32 (1) or (3) of the Act

2.10

Aircrewman Loadmaster

Corporal

Included in the employment category at any time on or after 10 May 2001

2.11

Illustrator Reprographic

Corporal

Included in the employment category at any time on or after 10 May 2001

2.12

Recovery Mechanic

Corporal

Included in the employment category at any time on or after 10 May 2001

2.13

Metalsmith

Corporal

Included in the employment category at any time on or after 10 May 2001

2.14

Cook

Corporal

Included in the employment category at any time on or after 10 May 2001

2.15

Steward

Corporal

Included in the employment category at any time on or after 10 May 2001

2.16

Specialist Health Services-Officer

Lieutenant

Included in the employment category at any time on or after the commencement date

2.17

Specialist Service Officer-SSO Pilot

Lieutenant

Included in the employment category at any time on or after the commencement date

2.18

Fire Fighter

Corporal

Included in the employment category at any time on or after the commencement date

2.19

Photographer ¾ Still

Corporal

Included in the employment category at any time on or after the commencement date

2.20

Rigger ¾ Parachute

Corporal

Included in the employment category at any time on or after the commencement date

2.21

Special Air Service Trooper

Corporal

Included in the employment category at any time on or after the commencement date

2.22

Supervisor Rigger Parachute

Corporal

Included in the employment category at any time on or after the commencement date

2.23

Technician ¾ Dental

Corporal

Included in the employment category at any time on or after the commencement date

Part 3          Air Force

Item

Employment category

Rank

Conditions

3.1

Air Traffic Control

Any rank

Included in the employment category at any time on or after 1 October 1991

3.2

Motor Trimmer

Any rank

1.    Included in the employment category at any time from 1 October 1991 to 27 September 1995 (inclusive)

2.    Had become eligible, before 28 September 1995, to receive retention benefit under subsection 32 (1) or (3) of the Act

3.3

Surface Finisher

Any rank

1.    Included in the employment category at any time from 1 October 1991 to the commencement date (inclusive)

2.    Had become eligible, before 10 May 2001, to receive retention benefit under subsection 32 (1) or (3) of the Act

3.4

Welder Aircraft

Any rank

1.    Included in the employment category at any time from 1 October 1991 to 27 September 1995 (inclusive)

2.    Had become eligible, before 28 September 1995, to receive retention benefit under subsection 32 (1) or (3) of the Act

3.5

Motor Body Builder

Any rank

1.    Included in the employment category at any time from 1 October 1991 to 30 September 1992 (inclusive)

2.    Had become eligible, before 28 September 1995, to receive retention benefit under subsection 32 (1) or (3) of the Act

3.6

Navigator

Any rank

1.    Included in the employment category at any time from 1 October 1991 to 30 September 1992 (inclusive)

2.    Had become eligible, before 28 September 1995, to receive retention benefit under subsection 32 (1) or (3) of the Act

3.7

Pilot

Any rank

1.    Included in the employment category at any time from 1 October 1991 to 30 September 1992 (inclusive)

2.    Had become eligible, before 28 September 1995, to receive retention benefit under subsection 32 (1) or (3) of the Act

3.8

Radiographer

Any rank

1.    Included in the employment category at any time from 1 October 1991 to 30 September 1992 (inclusive)

2.    Had become eligible, before 28 September 1995, to receive retention benefit under subsection 32 (1) or (3) of the Act

3.9

Advanced Aircraft Structural Fitter

Any rank

1.    Included in the employment category at any time from 31 July 1996 to 4 November 1997 (inclusive)

2.    Had become eligible, before 23 April 1999, to receive retention benefit under subsection 32 (1) or (3) of the Act

3.10

Non Destructive Inspection Technician

Any rank

1.    Included in the employment category at any time from 31 July 1996 to 4 November 1997 (inclusive)

2.    Had become eligible, before 23 April 1999, to receive retention benefit under subsection 32 (1) or (3) of the Act

3.11

Aircraft Technician

Corporal

1.    Included in the employment category at any time from 13 February 1998 to the commencement date (inclusive)

2.    Had become eligible, before 10 May 2001, to receive retention benefit under subsection 32 (1) or (3) of the Act

3.12

Fire Fighter

Corporal

1.    Included in the employment category at any time from 13 February 1998 to the commencement date (inclusive)

2.    Had become eligible, before 10 May 2001, to receive retention benefit under subsection 32 (1) or (3) of the Act

3.13

Ground Support Engineering — Fitter

Corporal

Included in the employment category at any time on or after 13 February 1998

3.14

Cook

Corporal

1.    Included in the employment category at any time from 23 April 1999 to the commencement date (inclusive)

2.    Had become eligible, before 10 May 2001, to receive retention benefit under subsection 32 (1) or (3) of the Act

3.15

General Hand

Corporal

Included in the employment category at any time on or after 23 April 1999

3.16

Metal Machinist

Corporal

Included in the employment category at any time on or after 23 April 1999

3.17

Advanced Aircraft Technician

Corporal

Included in the employment category on or after 10 May 2001

3.18

Clerk

Corporal

1.    Included in the employment category at any time from 10 May 2001 to the commencement date (inclusive)

2.    Had become eligible, before the commencement date, to receive retention benefit under subsection 32 (1) or (3) of the Act

3.19

Ground Support Engineering Technician

Corporal

Included in the employment category at any time on or after 10 May 2001

3.20

Supplier

Corporal

Included in the employment category at any time on or after 10 May 2001

3.21

Aircraft Surface Finisher

Corporal

Included in the employment category at any time on or after 10 May 2001

3.22

Photographers

Corporal

Included in the employment category at any time on or after the commencement date

3.23

Physical Training Instructor

Corporal

Included in the employment category at any time on or after the commencement date

3.24

Advanced Aircraft Structural Fitter

Corporal

Included in the employment category at any time on or after the commencement date

3.25

Aircraft Technician

Corporal

Included in the employment category at any time on or after the commencement date

3.26

Cook

Corporal

Included in the employment category at any time on or after the commencement date

3.27

Fire Fighter

Corporal

Included in the employment category at any time on or after the commencement date

Schedule 2        Eligible members

(paragraph 4 (1) (b))

Person

Rank

Service no.

Date person became eligible

Batko P P

Corporal

A236215

Commencement date

Belan S J Corporal A236060 Commencement date
Bowman S D Corporal A411411 20 April 2000
Brook R Corporal A126253 12 April 1994
Brooker R N Corporal A230465 12 April 1994
Brooker S R Corporal A235139 10 May 2001
Brown G K Corporal 379627 Commencement date
Cardy L R Corporal A510270 12 April 1994
Collins M Corporal A411693 Commencement date
Cooke P A Corporal A510243 12 April 1994
Cribbes M S Corporal A324932 10 May 2001
Fookes P A Captain 2127343 5 November 1997
Frohloff B J Corporal A131398 Commencement date
Furness T Corporal A235809 10 May 2001
Gaugg M Corporal A512541 Commencement date
Godfrey G J Corporal A130786 Commencement date
Hall A D Corporal A131134 Commencement date
Hancock K W Corporal 184678 Commencement date
Hawke J M Corporal A236114 Commencement date
Hodson D Corporal A323150 28 September 1995
Horn L C Corporal A230058 12 April 1994
Houghton D G Leading Seaman R134739 10 May 2001
Jones D A Corporal A131471 Commencement date
Keating G A Corporal A321070 12 April 1994
Kerr B R Corporal A126126 12 April 1994
King P S Corporal A411812 Commencement date
Knowles S R Corporal A512464 Commencement date
Lambert K J Corporal A62744 28 September 1995
Langley R E Corporal A126303 12 April 1994
Lee E J Corporal A232949 12 July 1996
Longmore S J Corporal A234967 20 April 2000
Marks R J Corporal A235037 20 April 2000
Matson G A Corporal A130190 10 May 2001
McLucus I R Corporal A126773 Commencement date
Norden C D Leading Seaman R141482 10 May 2001
Pearcey I A Corporal A62746 28 September 1995
Peisert O Corporal 3203652 Commencement date
Pertzel I G Corporal A324941 Commencement date
Powell M J Corporal A234402 20 April 2000
Provan R J Corporal A129271 20 April 2000
Reid S A Corporal A131392 Commencement date
Richards J P Sergeant A410861 20 April 2000
Rose J Corporal W129949 20 April 2000
Santin L E Corporal A411737 Commencement date
Scott K L Sergeant A127823 10 May 2001
Scott M D Corporal A132021 Commencement date
Sestero K L Corporal W129339 5 November 1997
Simpson S K Corporal W63263 20 April 2000
Snailum G R Corporal A129344 Commencement date
Starkey A A Corporal A233617 20 April 2000
Stewart P L Corporal A130080 20 April 2000
Stockwell A D Corporal A236392 Commencement date
Strass H Corporal A411661 Commencement date
Templar P A Corporal 327005 10 May 2001
Thomas M A Corporal A130819 10 May 2001
Thompson J E Corporal A129149 10 May 2001
Tran T P Corporal 454117 20 April 2000
Wallace L M Corporal W126525 12 April 1994
Walsh D M Corporal A233607 20 April 2000
Walsh S L Corporal W234309 20 April 2000
Ward G K Corporal A236050 Commencement date
White L C Corporal A63346 10 May 2001
Whiteside D G Corporal 555135 10 May 2001
Whittaker H H Corporal A235602 10 May 2001
Wilkins M R Corporal A233207 10 May 2001
Williams A J Corporal A510033 12 April 1994
Wilson J R Corporal W231165 12 April 1994

Notes to the Military Superannuation and Benefits (Eligible Member) Declaration 2002

Note 1

The Military Superannuation and Benefits (Eligible Member) Declaration 2002 (in force under the Military Superannuation and Benefits Act 1991) as shown in this compilation comprise Statutory Rules 2002 No. 175 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

2002 No. 175 22 July 2002 22 July 2002
2003 No. 133 23 June 2003 23 June 2003
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