Statutory Rules 1996
No. 101 1
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Superannuation (Existing Invalidity Pensioners) Regulations 2(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
13 June 1996.
WILLIAM
DEANE
Governor-General
By His
Excellency’s Command,
JOHN FAHEY
Minister
for Finance
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1. Commencement
1.1 Subregulations
4.1, 4.2, 4.3 and 4.5 are taken to have commenced on 23 June 1995.
1.2 Subregulation 4.4 is taken to have commenced
on 1 July 1995.
[NOTE: The remainder of these regulations commence on
gazettal: see Acts Interpretation Act 1901, s. 48.]
2. Amendment
2.1 The
Superannuation (Existing Invalidity Pensioners) Regulations are amended as set
out in these Regulations.
3. Regulation 1 (Citation)
3.1 Omit “(Existing Invalidity Pensioners)”, substitute “(CSS) Existing Invalidity Pensioners”.
4. Schedule 1 (Modification of the Act in its
application in relation to certain persons referred to in section 180 of the
Act)
4.1 Modifications of section 3 (sixth
modification):
Add at the end of the substituted definition of “period of
contributory service”:
“or
(h)a period in respect of
which the person was not required or permitted to pay contributions because
of subsection 3 (3); or
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(i)a
period in respect of which benefits did not accrue to the person because of
section 55A;”.
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4.2 Modifications
of section 62:
Omit the modifications, substitute:
“62 | Insert in subsection (2) ‘and to subsection (2AA)’ after
‘section 62B’. |
“Insert after subsection
(2) the following subsection: |
‘(2AA) Subject to section 62B, if a person
referred to in subsection (2) is a person in relation to whom sections 119H
and 119J of the superseded Act applied, paragraphs (2) (a) and (b) do
not apply to that person and the person is entitled to a lump sum benefit of
an amount equal to the sum of: |
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- (A)
3.5 times the amount that would be the
amount of the person’s accumulated basic contributions if the amount paid
into the Fund in respect of the person in accordance with subsection
180 (4) of this Act had been reduced by an amount equal to so much of
the relevant amount as was paid by the Superannuation Board to the existing
Fund, or by the Commissioner to the Fund, in accordance with section 119J of
the superseded Act; and
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- (ii)
if the person had, at any time before
ceasing to be an eligible employee, received a partial invalidity pension, an
amount equal to the sum of:
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- (A)
the amount that would be the amount worked
out using the formula: Actual
contributions + (Notional contributions x 2.5); if
the amount paid into the Fund in respect of the person in accordance with
subsection 180 (4) of this Act had been reduced by an amount equal to so
much of the relevant amount as was paid by the Superannuation Board to the
existing Fund, or by the Commissioner to the Fund, in accordance with section
119J of the superseded Act; and
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“Omit from subsection (2A) ‘(2B) or’, substitute ‘(2B),
(2BA) or’. |
“Omit from subsection (2B) ‘If’, substitute ‘Subject to
subsection (2BA), if’. |
“Insert after subsection
(2B) the following subsection: |
‘(2BA) If a person referred to in subsection (2B)
is a person in relation to whom sections 119H and 119J of the superseded Act
applied, paragraphs (2B) (a) and (b) do not apply to that person and the
person is entitled to a lump sum benefit of an amount equal to the sum of: |
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- (A)
3.5 times the amount that would be the
amount of the person’s accumulated basic contributions if the amount paid
into the Fund in respect of the person in accordance with subsection
180 (4) of this Act had been reduced by an amount equal to so much of
the relevant amount as was paid by the Superannuation Board to the existing
Fund, or by the Commissioner to the Fund, in accordance with section 119J of
the superseded Act; and
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- (ii)
if the person had, at any time before
ceasing to be an eligible employee, received a partial invalidity pension, an
amount equal to the sum of:
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- (A)
the amount that would be the amount worked
out using the formula: Actual
contributions + (Notional contributions x 2.5); if
the amount paid into the Fund in respect of the person in accordance with
subsection 180 (4) of this Act had been reduced by an amount equal to so
much of the relevant amount as was paid by the Superannuation Board to the
existing Fund, or by the Commissioner to the Fund, in accordance with section
119J of the superseded Act; and
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“Insert in paragraph (2C) (a) ‘or (2BA), as the case
requires,’ after ‘subsection (2B)’. |
“Insert in paragraph (2C) (b) ‘or (2BA), as the case
requires,’ after ‘subsection (2B)’. |
“Insert after subsection (2C) the following subsection: |
‘(2CA) If a person makes an election under
subsection (1) and a non-contributory unit of pension was applicable in
relation to the person under the superseded Act immediately before his or her
previous entitlement day, the person is entitled, in addition to any payment
to which he or she is entitled under subsection (2), (2AA), (2B), (2BA)
or (2C), to payment of a lump sum benefit of an amount equal to 2.5 times
the amount of the contributions that, under the superseded Act, would have
been paid to the Fund by the person in respect of that unit of pension if the
person had contributed for that unit of pension from the date on which the
unit became applicable in relation to the person as a non-contributory unit
at the fortnightly rate (being a rate based on a retiring age of 65 years)
specified: |
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opposite to the age specified in column 1 of that Schedule that
was the age of the person at the last-mentioned date.’.”. |
4.3 Modification of section 76:
Add at the end of substituted section 76:
“‘(3) If: |
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the person is entitled to a pension, and subsection (2) applies,
for the purpose of calculating the annual rate of that pension, as if the
person had so ceased to be an eligible employee by reason of retirement on
the ground of invalidity.’.”. |
4.4 Modifications of section 111:
Omit the modifications, substitute:
“111 | Insert in subsection (1) ‘or Division 9 of Part XII’
after ‘Part VI’. |
“Omit subsection (2),
substitute the following subsection: |
‘(2) If the total amount of the benefit or
benefits (whether paid by way of instalments of a pension or as a lump sum or
lump sums, or both) paid to or in respect of a person who has been an
eligible employee (being a person who was, immediately before becoming an
eligible employee, an existing invalidity pensioner) is, at a time when no
further benefit is payable under this Act to or in respect of the person,
less than the relevant amount in relation to the person, an amount equal to
the difference is to be paid to: |
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- (b)
if the person has died:
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“Omit subsections (4), (5),
(6) and (7), substitute the following subsection: |
‘(4) In subsection (2), a reference to the
relevant amount in relation to a person is a reference to the amount by which
the sum of: |
(a) the total of the person’s accumulated
contributions, and the accumulated employer contributions (if any) in respect
of the person, as at the time when the person ceased to be an eligible
employee; and
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(b)if a top-up benefit is or was
calculated in respect of the person under Part VIAA but the amount of the
top-up benefit is nil—the amount that would
have been the top-up benefit if the person had been entitled to benefits
under section 80;
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exceeds the amount paid to the fund in respect of the person under subsection 180 (4).’.”. |
4.5 Modification of Part XII:
Add at the end of added section 228A:
“; (d)a period in respect of which the person
was not required or permitted to pay contributions because of subsection
3 (3);
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(e)a period in respect of which benefits
did not accrue to the person because of section 55A.”.
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NOTES
1. Notified in the Commonwealth
of Australia Gazette on 20 June 1996.
2. Statutory Rules 1988
No. 275 as amended by 1991 No. 192; 1992
No. 267; 1993 No. 347.