SUPERANNUATION.
No. 53 of 1942.
An Act to amend the Superannuation Act 1922-1937, and for other purposes.
[Assented to 6th October, 1942.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Superannuation Act 1942.
(2.) The Superannuation Act 1922-1937 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Superannuation Act 1922-1942.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Definitions.
3. Section four of the Principal Act is amended—
(a) by inserting in sub-section (1.), after the definition of “Actuary”, the following definitions:—
“‘Approved authority’ means the Australian Broadcasting Commission, the Canberra Community Hospital Board and the Council of the Canberra University College, and includes such other Commonwealth authorities as are specified by the regulations to be approved authorities for the purposes of this Act;”;
(b) by omitting from the definition of “Children” in sub-section (1.) the words “or by a pensioner who has been a contributor”;
(c) by inserting in the definition of “Service” in sub-section (1.), after the word “Commonwealth” (first occurring), the words “or an approved authority”;
(d) by inserting in sub-section (1.), after the definition of “Service”, the following definition:—
“‘The actuarial member of the Board’ means any member of the Board who is an actuary;”; and
(e) by adding at the end thereof the following sub-sections:—
“(4.) Where a person is the holder for a term of years of a statutory office under the Commonwealth (whether his appointment was made before or is made after the commencement of this sub-section) and, by the terms of his appointment, he is required to give the whole of his time to the duties of his office, the Treasurer may, by notice published in the Gazette, direct that that person shall be deemed to be an employee within the meaning of this section, and that person shall be deemed to be such an employee as from the date of the publication of the notice.
“(5.) Where—
(a) a person employed by the Commonwealth otherwise than in a permanent capacity is by the terms of his employment required to give his whole time to the duties of his employment;
(b) that person has had not less than five years’ continuous service; and
(c) the prescribed officer or, on appeal from the prescribed officer, the Treasurer, certifies that that person’s employment is likely to be continued for an indefinite period,
the Treasurer may, by notice published in the Gazette, direct that that…
Overview
The Superannuation Act 1942, enacted by the Commonwealth Parliament, aimed to amend the Superannuation Act 1922-1937, addressing gaps and updating provisions related to superannuation for employees. This Act expanded the definition of "employee" to include certain statutory office holders and specified authorities, thereby broadening the scope of individuals eligible for superannuation benefits. It introduced new provisions for the medical examination of employees, adjusted the commencement and cessation of contributions, modified the scale of pension units, and provided options for employees to elect to contribute for a full pension at age 60. The Act also addressed various scenarios such as retrenchment, discharge, resignation, and retirement due to invalidity or incapacity. Additionally, it clarified the rights of contributors who had been candidates in elections and established provisions for the re-employment of pensioners, including the cancellation of pensions for those re-employed by the Commonwealth or approved authorities.
Scope and Application
The Superannuation Act 1942 applies to employees of the Commonwealth and certain approved authorities, which include the Australian Broadcasting Commission, the Canberra Community Hospital Board, and the Council of the Canberra University College, as well as any other Commonwealth authorities specified by regulations. The Act extends its reach to individuals employed by these entities who are required to give their whole time to the duties of their employment and have had at least five years of continuous service, provided their employment is likely to be continued indefinitely. The Act applies nationally, governing superannuation arrangements across Australia. It excludes certain individuals who were already employed by an approved authority at the commencement of the Act and for whom the authority accepts full liability for pension payments. The Act's application may be further extended or restricted through subordinate instruments and regulations.
Key Provisions
- The Superannuation Act 1942 amends the Superannuation Act 1922-1937, introducing several key provisions. Firstly, it expands the definition of "employee" to include holders of statutory offices under the Commonwealth and employees of approved authorities, if certain conditions are met. Secondly, it mandates medical examinations for employees, including those in statutory offices and employees of approved authorities, unless these authorities have accepted full liability for pension payments on behalf of their employees. The Act also adjusts the commencement and cessation of superannuation contributions, modifies the scale of pension units, and allows contributors to elect to contribute for a full pension at age sixty. Additionally, it alters the pension entitlements for contributors retiring on grounds of invalidity or incapacity and provides for the payment of pensions to widows and children upon the death of a pensioner after retirement.
- The Act imposes obligations on various parties, including the Treasurer, the prescribed officer, the Minister administering the Act, and approved authorities. These obligations include directing certain individuals to be deemed employees, certifying the indefinite continuation of employment, and accepting liability for pension payments. Furthermore, employers are required to ensure compliance with the provisions regarding medical examinations and contributions.
- Breaches of the Act may result in civil or criminal consequences, although specific penalties are not detailed in the text provided. The Act's provisions imply that failure to comply with the requirements for medical examinations, contributions, or the recognition of certain employees as contributors could lead to legal action. For instance, not adhering to the mandated medical examinations could result in the denial of pension benefits. Similarly, non-compliance with contribution requirements might affect the pension entitlements of employees or their dependants. However, the exact penalties for such breaches are not specified within the excerpt.
- Area of Law
- Employee Benefits Law
- Retirement & Pensions Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Licensing & Registration
- Regulatory Standards
