Superannuation (CSS) Retiring Age Regulations (Cth)

Superannuation (CSS) Retiring Age Regulations

Statutory Rules 1977 No. 106 as amended

made under the

Superannuation Act 1976

This compilation was prepared on 3 November 2000

taking into account amendments up to SR 1996 No. 105

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

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      1Citation [see Note 1]

 These Regulations may be cited as the Superannuation (CSS) Retiring Age Regulations.

2Commencement

 These Regulations shall be deemed to have taken effect from and including 1 July 1976.

3Definition

 In these Regulations, the Act means the Superannuation Act 1976.

4Maximum retiring age

• (1)

  For the purposes of the definition of maximum retiring age in subsection 3 (1) of the Act, if:

  • (a)

    a person is an eligible employee; and

  • (b)

    under the terms and conditions of the person’s employment or appointment the maximum age for the retirement of the person is an age less than 65 years;

   the maximum retiring age in relation to the person is the maximum age for the retirement of the person under those terms and conditions.

• (1A)

  For the purposes of the definition of maximum retiring age in subsection 3 (1) of the Act, if:

  • (a)

    a person is no longer an eligible employee; and

  • (b)

    under the terms and conditions of the person’s employment or appointment immediately before the person last ceased to be an eligible employee the maximum age for the retirement of the person was an age less than 65 years;

   the maximum retiring age in relation to the person is the maximum age for the retirement of the person under those terms and conditions.

• (2)

  Subregulation (1) does not apply in relation to an eligible employee, being an existing contributor, who was, immediately before the commencing day, contributing under the superseded Act for units of pension at rates based on a retiring age of 65 years.

• (3)

  In subregulation (1) or (1A), a reference to terms and conditions includes a reference to any law of the Commonwealth affecting the maximum retiring age of a person to whom that subregulation applies.

Notes to the Superannuation (CSS) Retiring Age Regulations

Note 1

The Superannuation (CSS) Retiring Age Regulations (in force under the Superannuation Act 1976) as shown in this compilation comprise Statutory Rules 1977 No. 106 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1977 No. 106	30 June 1977	1 July 1976
1978 No. 228	23 Nov 1978	1 July 1976	—
1981 No. 14	5 Feb 1981	R. 1: 6 Feb 1981 Remainder: 5 Feb 1981	—
1981 No. 231	21 Aug 1981	21 Aug 1981	—
1981 No. 384	31 Dec 1981	31 Dec 1981	—
1982 No. 208	3 Sept 1982	3 Sept 1982	—
1983 No. 33	12 Apr 1983	12 Apr 1983	—
1983 No. 34	12 Apr 1983	12 Apr 1983	—
1983 No. 74	29 June 1983	R. 1: 1 July 1983 Remainder: 29 June 1983	—
1983 No. 75	29 June 1983	29 June 1983	—
1983 No. 320	19 Dec 1983	19 Dec 1983	—
1983 No. 321	19 Dec 1983	R. 1: 20 Dec 1983 Remainder: 19 Dec 1983	—
1984 No. 10	8 Feb 1984	8 Feb 1984	—
1984 No. 157	23 July 1984	23 July 1984	—
1984 No. 183	10 Aug 1984	10 Aug 1984	—
1984 No. 190	10 Aug 1984	R. 1: 13 Aug 1984 Remainder: 10 Aug 1984	—
1984 No. 241	14 Sept 1984	14 Sept 1984	—
1984 No. 264	28 Sept 1984	R. 1: 1 Oct 1984 Remainder: 28 Sept 1984	—
1984 No. 288	19 Oct 1984	19 Oct 1984	—
1984 No. 368	30 Nov 1984	30 Nov 1984	—
1984 No. 480	11 Jan 1985	11 Jan 1985	—
1985 No. 31	28 Mar 1985	28 Mar 1985	—
1985 No. 344	19 Dec 1985	11 Jan 1986	—
1985 No. 355	20 Dec 1985	20 Dec 1985	—
1986 No. 126	6 June 1986	6 June 1986	—
1986 No. 188	25 July 1986	25 July 1986	—
1986 No.  207	15 Aug 1986	15 Aug 1986	—
1986 No. 333	14 Nov 1986	14 Nov 1986	—
1986 No. 339	21 Nov 1986	21 Nov 1986	—
1987 No. 155	15 July 1987	15 July 1987	—
1996 No. 105	20 June 1996	R. 5: 23 June 1995 Remainder: 20 June 1996	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1..........................................	am. 1996 No. 105
R. 4..........................................	rs. 1978 No. 228
am. 1981 No. 384; 1985 Nos. 344 and 355
rs. 1987 No. 155
am. 1996 No. 105
R. 5..........................................	am. 1981 Nos. 14, 231 and 384; 1982 No. 208; 1983 Nos. 33, 34, 74, 75, 320 and 321; 1984 Nos. 10, 157, 183, 190, 241, 264, 288, 368 and 480; 1985 No. 31; 1986 Nos. 126, 188, 207, 333 and 339
rs. 1987 No. 155
rep. 1996 No. 105