SUPERANNUATION AMENDMENT ACT 1978
No.
169 of 1978
An Act
to amend the Superannuation Act 1976.
BE IT ENACTED by the Queen, and the
Senate and House of Representatives of the Commonwealth of Australia, as
follows:
Short
title, &c.
1. (1) This Act may
be cited as the Superannuation Amendment Act 1978.
(2) The Superannuation Act 1976 is in this Act
referred to as the Principal Act.
Commencement
2. This Act shall
come into operation on the day on which it receives the Royal Assent.
Interpretation
3. Section 3 of the
Principal Act is amended by omitting “he was on leave of absence without pay
and in respect of which sub-section 51(1) applies” from the definition of “period
of contributory service” in sub-section (1) and substituting “the person was on
leave of absence without pay and in respect of which sub-section 51(1) applies
or was absent from duty and in respect of which sub-section 51a(1) applies”.
Basic
contributions
4. Section 45 of
the Principal Act is amended by inserting in sub-section (1) “, 51a” after “sections 51”.
Election
to pay supplementary contributions
5. Section 48 of
the Principal Act is amended by inserting in sub-section (3) “, 51a” after “sections 50, 51”.
Leave
of absence without pay
6. Section 51 of
the Principal Act is amended by adding at the end thereof the following
sub-section:
“(6) A person who is absent from duty for a period
which, in accordance with section 7b
of the Maternity Leave (Commonwealth Employees) Act 1973, does not form
part of her period of service or employment for the purposes of this Act shall,
for the purposes of this section, be deemed not to be absent during that period
on leave of absence without pay.”.
7. After section 51
of the Principal Act the following section is inserted:
Absences
under Maternity Leave (Commonwealth Employees) Act1973
“51a.
(1) This section applies to a person who is, or at any time has been, an
eligible employee and who, while an eligible employee, has been absent from
duty for a period which, in accordance with section 7b of the Maternity Leave (Commonwealth Employees) Act 1973,
does not form part of her period of service or employment for the purposes of
this Act.
“(2) Where this section applies to a person in
respect of a period of absence from duty, she is not required to make
contributions on any contribution day occurring during that period of absence.
“(3) The regulations may make provisions for
modifying this Act, or a provision of this Act specified in the regulations, in
the application of this Act or that provision to and in relation to a person to
whom this section applies, or to and in relation to a prescribed class of such
persons.
“(4) The modifications that may be made by the
regulations in pursuance of sub-section (3) include, but are not limited to,
modifications providing for benefits in addition to, or in substitution for,
benefits provided for by this Act.”.