Superannuation (Eligible Employees) Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 761

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Superannuation (Eligible Employees)

Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Superannuation Act 1976.

Dated 22 June 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

(Sgd) J. S. Dawkins

Minister of State for Finance

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Superannuation (Eligible Employees) Regulations.

Interpretation

2. Regulation 3 of the Principal Regulations is amended by inserting after the definition of “invalidity pensioner” the following definition:

“ ‘superannuation scheme’ means a scheme, fund or arrangement, however established, under which superannuation or retirement benefits are payable;”.

Persons not included in definition of “eligible employee”

3. Regulation 4 of the Principal Regulations is amended—

(a) by inserting “of paragraph (j)” after “purposes” (first occurring);

(b) by omitting from sub-paragraph (a) (ii) “or retirement”;

(c) by omitting from sub-paragraph (aa) (ii) “or retirement”;

(d) by omitting from sub-paragraph (b) (iii) “or retirement”; and

 

S.R. 96/83 Cat. No. Recommended retail price  10/9.6.1983

(e) by adding at the end thereof the following paragraph:

“(o) persons (including persons specified in a direction given under section 11, 12, 13 or 14 of the Act)—

(i) who are permanent or temporary employees or the holders of a statutory office;

(ii) who, immediately before becoming such employees or the holders of such an office, as the case may be, were members of a superannuation scheme (not being the scheme constituted by the provisions of the Act) applying to them by reason of the employment in which they were then or at an earlier time employed and have continued to be, and are, members of that scheme; and

(iii) in respect of whom the Commonwealth or the authority or other body by whom they are employed, as the case may be, has agreed to pay an amount or amounts in respect of the benefits that are, under the superannuation scheme referred to in sub-paragraph (ii) in relation to those persons, payable by an employer to, or in respect of, those persons upon their ceasing to be members of the scheme or an amount or amounts in respect of contributions that are, under that scheme, payable by an employer in respect of such benefits, as the case may be.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 June 1988.

2. Statutory Rules 1935, No. 133, as amended by 1977 No. 157; 1978 Nos. 15 and 280; 1980 No. 181; 1982 No. 235.

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