Superannuation (Former Contributors for Units of Pension) Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 102 1

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Superannuation (Former Contributors for Units of Pension) 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, 4.3, 4.4 and 4.5 are taken to have commenced on 23 June 1995.

1.2   Subregulation 4.2 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 (Former Contributors for Units of Pension) Regulations are amended as set out in these Regulations.

3.   Regulation 1 (Citation)

3.1 Omit “(Former Contributors for Units of Pension)”, substitute “(CSS) Former Contributors for Units of Pension”.

 

4. Schedule (Modification of the Act in its application in relation to certain persons to whom section 183 of the Act applies)

4.1   Modifications of section 62:

Omit the modifications, substitute:

“62	Insert in subsection (2) ‘subsection (2AA) and’ after ‘Subject to’.
“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to section 62B, if a person referred to in subsection (2) is a person in relation to whom sections 119H and 119J of the superseded Act applied, paragraphs (2) (a) and (b) do not apply to that person and the person is entitled to a lump sum benefit of an amount equal to the sum of:
(a) the amount (in this subsection referred to as the “relevant amount”) paid in respect of the person to the Superannuation Board or Commissioner under section 119J of the superseded Act together with the amount of interest that would be payable in respect of the relevant amount if it were to be deemed to be an amount of basic contributions paid by the person under this Act on the commencing day; and
(b) either:
(i) if subparagraph (ii) does not apply, an amount equal to the sum of:
(A) 3.5 times the amount that would be the amount of the person’s accumulated basic contributions if the amount allocated to the person under paragraph 177 (3) (a) 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
(B) the amount of the person’s accumulated supplementary contributions (if any); or
(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:
(A) the amount that would be the amount worked out using the formula:  Actual contributions + (Notional contributions x 2.5);  if the amount allocated to the person under paragraph 177 (3) (a) 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
(B) the amount of the person’s accumulated supplementary contributions (if any).’.
“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:
(a) the amount (in this subsection referred to as the “relevant amount”) paid in respect of the person to the Superannuation Board or Commissioner under section 119J of the superseded Act together with the amount of interest that would be payable in respect of the relevant amount if it were to be deemed to be an amount of basic contributions paid by the person under this Act on the commencing day; and
(b) either:
(i) if subparagraph (ii) does not apply, an amount equal to the sum of:
(A) 3.5 times the amount that would be the amount of the person’s accumulated basic contributions if the amount allocated to the person under paragraph 177 (3) (a) 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
(B) the amount of the person’s accumulated supplementary contributions (if any); or
(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:
(A) the amount that would be the amount worked out using the formula:  Actual contributions + (Notional contributions x 2.5);  if the amount allocated to the person under paragraph 177 (3) (a) 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
(B) the amount of the person’s accumulated supplementary contributions (if any).’.
“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 on 30 June 1976, 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:
(a) in the case of a male person who elected under subsection 26 (3) of the superseded Act that section 26 of that Act should not apply to him—in column 2 of Schedule 2A;
(b) in the case of any other male person—in column 3 of that Schedule;
(c) in the case of a female person—in column 4 of that Schedule; opposite to the age specified in column 1 of that Schedule that was the age of the person at the last-mentioned date.’.”.

4.2   Modifications of section 111:

Omit the modifications, substitute:

“111	Insert in subsection (1) ‘or Division 8 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 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:
(a) the person; or
(b) if the person has died:
(i) the person’s legal personal representative; or
(ii) if no legal personal representative can be found—any individual or individuals that the Board determines.’.
“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:
(a) except if paragraph (b) applies—the sum of:
(i) 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
(ii) 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; or
(b) if:
(i) the person, at any time before the commencing day, ceased to be an employee for the purposes of the superseded Act by reason of retirement on the ground of invalidity or physical or mental incapacity to perform his duties and, upon his so ceasing to be such a employee, became entitled to a pension under section 45 of the superseded Act or by virtue of sub-section 8(1) of the Superannuation Act 1948; and
(ii) the pension referred to in sub-paragraph (i) was cancelled under sub-section 65(3) of the superseded Act upon the person again becoming an employee for the purposes of that Act; and
(iii) the person did not, at any time after that pension was so cancelled and before the commencing day, cease to be such an employee;
the amount by which the sum of the amounts in    subparagraphs (a) (i) and (ii) exceeds the amount of contributions paid by the person to the existing Fund before the person became entitled to the pension referred to in sub-paragraph (i).’.”.

4.3   Modification of Schedule 2:

Omit from the Heading of substituted Schedule 2A, “Subsection 62 (2AA)”, substitute “Subsection 62 (2CA)”.

 

4.4   Modification of Schedule 2:

Omit from Column 2 of substituted Schedule 2A, “paragraph 62 (2A) (a)”, substitute “paragraph 62 (2CA) (a)”.

 

4.5   Modification of Schedule 2:

Omit from Column 3 of substituted Schedule 2A, “paragraph 62 (2A) (a)”, substitute “paragraph 62 (2CA) (a)”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 June 1996.

2. Statutory Rules 1978 No. 281 as amended by 1991 Nos. 191 and 467; 1992 No. 268; 1993 No. 349.