Superannuation Act 1922

Legislation au C1922A00033 In force Act

Legislation content

Superannuation Act 1922

No. 33, 1922

Compilation No. 28

Compilation date: 11 December 2024

Includes amendments: Act No. 115, 2024

About this compilation

This compilation

This is a compilation of the Superannuation Act 1922 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part I—Preliminary

1 Short title

2 Commencement

3 Operation of this Act on or after 1 July 2011

4 Interpretation

4AA Members of the Defence Force

4A Salaries of officers in First Division of Public Service and statutory offices

5 Medical examination of employees

6 Application of the Criminal Code

7 Superannuation provision for certain persons by way of life assurance

Part III—Contributions

Division 1—Contributions by employees

19 Commencement and cessation of contributions

19A Contributions not payable on or after 1 July 1976

Division 2—Units of pension

20 Units of pension

20AA Obligation to make additional contributions after 4 February 1976

20AB Elections consequential upon operation of section 20AA

20A Rights of employees over 40 years of age

20B Effect of reduction in salary or prescribed amount

21 Exemption of employee who has made adequate provision

22 Interpretation

Division 2A—Non‑contributory units of pension

22A Election to take up rejected units as non‑contributory units

22B Election by certain contributors to convert existing units to non‑contributory units

22C Election to take up units as non‑contributory units where salary increased after attainment of maximum age for retirement

22D Election ineffective if number of contributory units is, or falls below, number of initial units

22E Election ineffective if number of contributory units…

Overview

The Superannuation Act 1922 was enacted to provide superannuation benefits for persons employed by the Commonwealth and by certain Commonwealth authorities, as well as for the families of those persons. This legislation was introduced to address the need for a structured and systematic approach to retirement benefits and pensions for Commonwealth employees, ensuring financial security for them and their families upon retirement or in cases of death. The Act was passed by the Australian Parliament and it provides a comprehensive framework for superannuation contributions, pension payments, and related benefits. Its primary objective is to establish a reliable and sustainable system for superannuation, covering various scenarios including retirement, retrenchment, and death, thereby offering a safety net for those who have dedicated their careers to public service.

Scope and Application

The Superannuation Act 1922, as amended, provides for the establishment and administration of superannuation benefits for employees of the Commonwealth, certain Commonwealth authorities, and specific categories of former employees and contributors. This Act applies to employees who are engaged in permanent positions by the Commonwealth or specified authorities, including those employed by the Australian Broadcasting Commission, the Capital Territory Health Commission, the Australian National University, Aboriginal Hostels Limited, and the Darwin Community College. The Act also applies to certain former employees, such as those who were employed by States before 1 November 1951, and to members of the Defence Force, the Australian Capital Territory Police Force, and the Public Service Superannuation Funds. Notably, the Act does not apply to employees who are Judges as defined by the Judges’ Pensions Act 1968. The Act governs the contributions to, and the payment of benefits from, the Superannuation Fund, the Provident Account, and other related accounts. It sets out detailed provisions regarding the calculation of units of pension, the scale of contributions, and the eligibility and amount of pensions and benefits payable to contributors, their dependants, and in certain cases, to former contributors. The application of this Act is subject to various amendments and transitional provisions, some of which are yet to be commenced, and details of these can be found in the Register. The Act's provisions are subject to modification through subordinate instruments, and certain sections have been repealed or altered by subsequent legislation. This Act is a Commonwealth legislation, thus its jurisdictional reach is across Australia, affecting all states and territories. There are no specific exclusions or exemptions mentioned in the Act; however, the applicability of certain provisions may be restricted based on the employee's status, the timing of their employment, or the specific superannuation scheme they are part of. The Act's application is further extended or restricted by regulations and orders under other Acts.

Key Provisions

  • The Superannuation Act 1922, as amended, is structured into various parts and sections that govern superannuation contributions and benefits for employees of the Commonwealth and certain Commonwealth authorities, as well as the families of those employees. The Act outlines the requirements and provisions for superannuation contributions by employees, the scale of contributions, and the determination of units of pension. It also sets out the provisions for pensions and benefits upon retirement, retrenchment, or dismissal, and the rights of widows, widowers, and children. Certain sections provide special provisions for former contributors and employees from State employment, as well as the Defence Forces. The Act further details the obligations and rights of contributors to the Provident Account and the Superannuation Fund, and outlines the penalties and consequences for breaches of the Act.
  • The Act imposes several obligations on the parties it governs. Employers are required to deduct and remit superannuation contributions from employees' salaries in accordance with the Act. Employees, in turn, must contribute to the Superannuation Fund and, where applicable, the Provident Account. The Commonwealth is required to make payments into the Fund and the Provident Account, as well as to the Defence Forces Retirement Benefits Fund and the Public Service Superannuation Funds. The Act also mandates that approved authorities pay a portion of superannuation benefits into the Commonwealth's Consolidated Revenue Fund. Additionally, the Superannuation Board, now referred to as the Commonwealth Superannuation Corporation (CSC) for certain provisions, has specific duties, including the maintenance of records and the payment of pensions and benefits.
  • Breaches of the Act can result in various civil and criminal consequences. For example, Section 143 stipulates that an employee who fails to furnish required information to the Board commits an offence and may be liable to a penalty of 1 penalty unit. Section 143A outlines that failure to comply with a direction from the Board to make a payment is an offence, with a penalty of 5 penalty units. Section 149AB provides that making false statements to the CSC is an offence and is subject to the provisions of the Criminal Code. The Act also includes provisions for the review of decisions by the CSC and the Administrative Review Tribunal, ensuring that affected parties have a means to contest and have their cases reviewed.

Legal classification tags

Area of Law
Superannuation Law
Employee Benefits Law
Instrument
Act
Concepts
Commencement Provisions
Reporting Obligations
Pension Benefits
Contributions
Refund of Contributions
Pension Increases
Review & Sunset Clauses

Continue reading Superannuation Act 1922

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.