Superannuation (CSS) Deferred Benefits
Regulations 1979
Statutory Rules 1979 No. 46
as amended
made under the
Superannuation Act 1976
This compilation was prepared on 1 July 2011
taking into account amendments up to SLI 2011 No. 131
Prepared by the Office of
Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1Name of Regulations [see Note 1] These
Regulations are the Superannuation (CSS)
Deferred Benefits Regulations 197 9.
2Interpretation In these
Regulations, the Act means the Superannuation
Act 1976.
3Application of the Act and the provisions of the Act to persons to whom subsection 136 (4) of the Act applies The Act and
the provisions of the Act specified in the Schedule apply subject to the
modifications specified in the Schedule to and in relation to those persons to
whom subsection 136 (4) of the Act applies.
ScheduleModifications
of the Act in its application to persons to whom subsection 136 (4) of the Act
applies
(regulation 3)
Section | Modifications |
112..... | Omit from subsection (6) “Subject to subsection (7)”, substitute
“Subject to subsections (7), (9A), (9B) and (9C)” Omit subsection (10), substitute the following subsections: “(9A) Where: (a) deferred
benefits applicable in relation to a person by virtue of Division 3 of Part
IX cease to be so applicable upon a deferred benefit becoming payable to the
person in accordance with section 68 or 71; (b) the
person’s entitlement to the deferred benefit is cancelled under subsection
143 (2) and deferred benefits again become applicable in relation to him; and (c) the
deferred benefits so applicable in relation to the person cease to be so
applicable upon a deferred benefit becoming payable to or in respect of the
person,
subsection (6) does not apply in relation to him.
“(9B) Subject
to subsection (9C), where: (a) deferred
benefits applicable in relation to a person by virtue of Division 3 of Part
IX cease to be so applicable upon a deferred benefit becoming payable to the
person in accordance with section 67 or 70; (b) the
person’s entitlement to the deferred benefit is cancelled under subsection
143 (2) and deferred benefits again become applicable in relation to him; and (c) the
deferred benefits so applicable in relation to the person cease to be so
applicable upon a deferred benefit becoming payable to or in respect of the
person,
subsection (6) does not apply in relation to him, but there shall be
paid out of the Superannuation Fund to the
Commonwealth an amount equal to the amount that was paid to the Fund
under subsection 112 (9) in respect of the person upon his entitlement to
deferred benefits being cancelled under subsection 143 (2), together with
interest, calculated in accordance with subsection (9D), on that amount in
respect of the period commencing on the day on which that amount was paid
into the Fund under subsection 112 (9) and ending on: (d) the
pension pay day next following the day on which the deferred benefits again
become payable to or in respect of the person as referred to in paragraph
(c); or (e) the
second pension pay day after the day on which the Commissioner has determined
the amount of any pension or lump sum benefit constituting or forming part of
the deferred benefits again becoming payable to or in respect of the person
as referred to in paragraph (c),
whichever is the later.
“(9C) Where: (a) deferred
benefits applicable in relation to a person by virtue of Division 3 of Part
IX cease to be so applicable upon a deferred benefit becoming payable to the
person in accordance with section 67 or 70; (b) the
person’s entitlement to the deferred benefit is cancelled under subsection
143 (2) and deferred benefits again become applicable in relation to him; and (c) the
deferred benefits so applicable in relation to the person cease to be so
applicable upon a deferred benefit by way of a lump sum benefit equal to
his accumulated basic contributions becoming payable to or in respect of the
person out of the Superannuation Fund,
subsection (6) does not apply in relation to him. “(9D) The
amount of interest payable by virtue of subsection (9B), in respect of an
amount (referred to in this subsection as the relevant amount) paid
to the Fund under subsection 112 (9) in respect of a person upon his
entitlement to deferred benefits being cancelled under subsection 143 (2)
shall be the amount of any interest that would be payable in respect of an
equal amount referred to in subparagraph 145 (8) (a) (i) if the period in
respect of which interest was payable in respect of that last-mentioned
amount were the same period in respect of which interest is, by virtue of
subsection (9B), payable in respect of the relevant amount.”.
|
136
..... | Add at the end of section 136 the following subsection: “(7) Where
deferred benefits again become payable to or in respect of a person to whom
subsection (4) applies, the deferred benefits shall: (a) if
the deferred benefits that ceased to be applicable in relation to the person
as referred to in paragraph (4) (b) so ceased to be applicable upon a
deferred benefit by way of invalidity benefit becoming payable to him in
accordance with section 67 or 70 — consist only of such benefits
referred to in subsection (1), or such parts of such benefits, as are based
upon contributions by a person other than the first-mentioned person (but
excluding contributions that are accumulated employer contributions
in respect of the first-mentioned person) and
benefits based upon the first-mentioned person’s accumulated basic
contributions; or
|
(b) if the
deferred benefits that ceased to be applicable in relation to the person as
referred to in paragraph (4) (b) so ceased to be applicable upon a deferred
benefit by way of invalidity benefit becoming payable to him in accordance
with section 68 or 71 — consist only of such benefits referred to in
subsection (1), or such parts of such benefits, as are based upon
contributions by a person other than the first-mentioned person (but
excluding contributions that are accumulated employer contributions in
respect of the first-mentioned person.)”.
|
Notes to theSuperannuation
(CSS) Deferred Benefits Regulations 1979
Note 1
The Superannuation (CSS) Deferred Benefits Regulations 1979
(in force under the Superannuation Act 1976)
as shown in this compilation comprise Statutory Rules 1979 No. 46 amended as indicated in the
Tables below.
Table of Instruments
Year and
number | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
1979 No. 46 | 21
Mar 1979 | 21
Mar 1979 |
1991 No. 170 | 28
June 1991 | 1
July 1990 | — |
1992 No. 265 | 26
Aug 1992 | 26
Aug 1992 | — |
1995 No. 92 | 18 May 1995 | 18 May 1995 | — |
1995 No. 406 | 19
Dec 1995 | 1
July 1995 | — |
1996 No. 98 | 20
June 1996 | 1
July 1995 | — |
2005 No. 218 | 7 Oct 2005 (see
F2005L02918) | Rr. 1–3 and Schedule 1 [item 18]: 8 Oct 2005 | — |
2011 No. 131 | 30 June 2011 (see F2011L01374) | 1 July 2011 (see r. 2) | — |
Table of
Amendments
|
Provision affected | How affected |
R. 1......................................... | rs. 1995 No. 406; 2011 No. 131 |
R. 4......................................... | ad. 1995 No. 406 |
am. 1996 No. 98 |
rep. 2011 No. 131 |
Schedule |
Heading to Schedule............ | rs. 1991 No. 170; 1992 No. 265 |
Schedule................................ | am. 1991 No. 170; 1992 No.
265; 1995 No. 92; 2005 No. 218
|