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

Statutory Rules 1989 No. 161

Superannuation (Former 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 February 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

PETER WALSH

Minister of State for Finance

Commencement

1. These Regulations commence on 1 March 1989.

Principal Regulations

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

Application of the Act to employees of Northern Territory

3. Regulation 4 of the Principal Regulations is amended by omitting “the Schedule 1” (wherever occurring) and substituting “Schedule 1”.

4. After regulation 5 of the Principal Regulations the following regulation is inserted:

Application of the Act to certain employees of Aerospace Technologies of Australia Pty Ltd

“6. The Act and the provisions of the Act specified in Schedule 3 apply subject to the modifications specified in that Schedule to or in respect of those persons to whom section 126a of the Act applies who:

(a) were, immediately before 1 March 1989, employed by Aerospace Technologies of Australia Pty Ltd; and

(S.R. 15/89) Cat. No. 14/30.1.1989)

(b) on or after that date but before 1 April 1989 become members of the superannuation scheme known as the Aerospace Employees Superannuation Fund.”.

Schedule 3

5. The Principal Regulations are amended by adding at the end the following Schedule:

SCHEDULE 3Regulation 6

MODIFICATIONS—EMPLOYEES OF AEROSPACE TECHNOLOGIES OF

AUSTRALIA PTY LTD

Section

Modifications

137

Omit subsections (3) and (4).

138

Omit the section.

139

Omit subsection (1), substitute the following subsection:

“(1) Where a person:

(a) who was, immediately before 1 March 1989, an eligible employee, being employed by Aerospace Technologies of Australia Pty Ltd; and

(b) who, on or after that date but before 1 April 1989, becomes a member of a superannuation scheme known as the Aerospace Employees Superannuation Fund and thereby ceases to be an eligible employee;

makes an election under section 137 as a consequence of so ceasing to be an eligible employee, deferred benefits are, subject to this Division, applicable in respect of the person if, at the time when the person so ceased to be an eligible employee, he or she had completed one year of eligible employment.”. Insert in subsection (2) “referred to in subsection (1)” after “a person”.

Omit paragraph (2) (b), substitute the following paragraph:

“(b) the date of his or her death;”.

Insert in paragraph (2) (c) “when the person has ceased to be employed by Aerospace Technologies of Australia Pty Ltd and” after “being a date”. Omit paragraph (2) (d), substitute the following paragraphs:

“(d) if the person is not employed by Aerospace Technologies of Australia Pty Ltd on the day on which the person attains the age of 65 years—the day on which the person attains that age;

(e) if the person is employed by Aerospace Technologies of Australia Pty Ltd on the day on which the person attains the age of 65 years—the day immediately following the day on which the person ceases to be so employed.”.

Omit subsections (3), (4), (6) and (7).

139a

Omit the section.

141

Omit the section.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 February 1989.

2. Statutory Rules 1986 No. 266 as amended by 1987 No. 307.

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