Superannuation (CSS) Continuing Contributions for Benefits Regulations (Amendment) (Cth)

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Statutory Rules 1998No. 91 1

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Superannuation (CSS) Continuing Contributions for Benefits Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation Act 1976.

Dated 14 May 1998.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

JOHN FAHEY

Minister for Finance and Administration

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1. Commencement

1.1 Regulations 1 and 2 and subregulations 4.1, 4.4, 5.1, 5.4 and 6.1 are taken to have commenced on 11 November 1996.

1.2 Regulation 3 and subregulations 4.2, 4.5, 5.2, 5.5 and 6.2 are taken to have commenced on 1 December 1997.

1.3 Subregulations 4.3, 4.6, 5.3, 5.6 and 6.3 are taken to have commenced on 1 May 1998.

2. Amendment

2.1 The Superannuation (CSS) Continuing Contributions for Benefits Regulations are amended as set out in these Regulations.

3. Regulation 2 (Interpretation)

3.1 Subregulation 2 (1):

Insert the following definition:

“‘Medibank’ means the company (ACN 080890259) that was incorporated under the Corporations Law on 1 December 1997;”.

4. Regulation 3A (Classes of persons to which s 14A of the Act applies)

4.1 Subregulation 3A (1):

Add at the end:

“; (q)
a class of persons each of whom:
(i)
became an employee of the Australian Law Reform Commission (in this paragraph called ‘ALRC’) on 11 November 1996; and
(ii)
immediately before becoming so employed, was an eligible employee employed by the Law Reform Commission; and
(iii)
after becoming an employee of ALRC, made contributions to the superannuation scheme provided for by the Act as if he or she were a member of the scheme, despite the fact that he or she was not entitled to make contributions to the scheme; and
(iv)
is not, in relation to the person’s employment with ALRC, a member of a superannuation scheme, other than:
(A)
the scheme provided for by the Act; or
(B)
a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)
in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies—a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; and
(v)
is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies.”.

4.2 Subregulation 3A (1):

Add at the end:

“; (r)
a class of persons each of whom:
(i)
on or after 1 December 1997 became, or becomes, an employee of Medibank, other than on a casual or temporary part-time basis; and
(ii)
is either:
(A)
a person who, immediately before last becoming so employed, was an eligible employee; or
(B)
a person to whom a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section was, or would have been (but for a suspension of payment) payable immediately before becoming so employed; or
(C)
a person to whom invalidity pension under the Act was, or would have been (but for the suspension of payment), payable immediately before becoming so employed; or
(D)
a person to whom deferred benefits under the Act or the superseded Act were applicable immediately before becoming so employed; or
(E)
a person who, because of the person’s employment in Medibank, would be a
re-employed former contributor with preserved rights; and
(iii)
is not, in relation to the person’s employment in Medibank, a member of a superannuation scheme, other than:
(A)
the scheme provided for in the Act; or
(B)
a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)
in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies—a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; and
(iv)
is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies.”.

4.3 Subregulation 3A (1):

Add at the end:

“; (s)
a class of persons each of whom:
(i)
became an employee of Employment National (Administration) Pty Ltd on 1 May 1998; and
(ii)
immediately before becoming so employed, was an eligible employee employed by the Department of Employment, Education, Training and Youth Affairs; and
(iii)
is not, in relation to the person’s employment in Employment National (Administration) Pty Ltd, a member of a superannuation scheme, other than:
(A)
the scheme provided for in the Act; or
(B)
a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(C)
in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies—a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes; and
(iv)
is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies.”.

4.4 Subregulation 3A (1A):

Omit “and (1) (p) (iv) (C),”, substitute “, (1) (p) (iv) (C) and (1) (q) (iv) (C),”.

4.5 Subregulation 3A (1A):

Omit “and (1) (q) (iv) (C),”, substitute “, (1) (q) (iv) (C) and (1) (r) (iii) (C),”.

4.6 Subregulation 3A (1A):

Omit “and (1) (r) (iii) (C),”, substitute “, (1) (r) (iii) (C) and (1) (s) (iii) (C),”.

5. Regulation 4 (When s 14A of the Act no longer applies)

5.1 Subregulation 4 (1A):

Omit “and (16) (c) (iii),”, substitute “, (16) (c) (iii) and (17) (b) (iii),”.

5.2 Subregulation 4 (1A):

Omit “and (17) (b) (iii),”, substitute “, (17) (b) (iii) and (18) (b) (iii),”.

5.3 Subregulation 4 (1A):

Omit “and (18) (b) (iii),”, substitute “, (18) (b) (iii) and (19) (b) (iii),”.

5.4 Add at the end:

“(17) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (q) at the end of the first occurring of the following days:

(a)
the day on which the person ceases to be an employee of the Australian Law Reform Commission (in this subregulation called ‘ALRC’);
(b)
the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by ALRC, other than:
(i)
the scheme provided for in the Act; or
(ii)
a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii)
in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies—a scheme of which the person is taken, under subregulation 2 (2), to be a member for top‑up purposes.”.

5.5 Add at the end:

“(18) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (r) at the end of the first occurring of the following days:

(a)
the day on which the person ceases to be an employee of Medibank;
(b)
the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by Medibank, other than:
(i)
the scheme provided for in the Act; or
(ii)
a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii)
in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies—a scheme of which the person is taken, under subregulation 2 (2), to be a member for top‑up purposes;
(c)
if Commonwealth control of Medibank ceases—the last day on which Medibank is under Commonwealth control.”.

5.6 Add at the end:

“(19) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (s) at the end of the first occurring of the following days:

(a)
the day on which the person ceases to be an employee of Employment National (Administration) Pty Ltd;
(b)
the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by Employment National (Administration) Pty Ltd, other than:
(i)
the scheme provided for in the Act; or
(ii)
a scheme to which contributions are made in respect of the person only in relation to performance pay; or
(iii)
in the case of a person to whom, under subregulation (1A), this sub-subparagraph applies—a scheme of which the person is taken, under subregulation 2 (2), to be a member for top‑up purposes;
(c)
if Commonwealth control of Employment National (Administration) Pty Ltd ceases—the last day on which Employment National (Administration) Pty Ltd is under Commonwealth control.”.

6. Schedule 1 (Modification of Act)

6.1 Subclause 2.1 (inserted subsection 159 (1A)):

Add at the end:

“; (n)
Australian Law Reform Commission.”.

6.2 Subclause 2.1 (inserted subsection 159 (1A)):

Add at the end:

“; (o)
Medibank.”.

6.3 Subclause 2.1 (inserted subsection 159 (1A)):

Add at the end:

“; (p)
Employment National (Administration) Pty Ltd.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 May 1998.
2. Statutory Rules 1981 No. 36 as amended by 1987 No. 290; 1989 No. 168; 1990 Nos. 179 and 379; 1991 Nos. 97, 168, 446 (as amended by 1992 No. 213) and 465; 1992 Nos. 27, 213, 323, 428 and 460 (as amended by 1994 No. 271); 1993 Nos. 3, 50 and 348; 1994 Nos. 8, 115, 116, 248, 271 and 335; 1995 Nos. 97, 201, 349 and 438; 1996 Nos. 6, 97 and 297; 1997 No. 47 and 215.

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Superannuation (CSS) Continuing Contributions for Benefits Regulations (Amendment) (Cth)

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