Superannuation (Leave of Absence Without Pay) Regulations (Cth)

Superannuation (Leave of Absence Without Pay) Regulations

Statutory Rules 1988 No. 246 as amended

made under the

Superannuation Act 1976

This compilation was prepared on 6 November 2000

taking into account amendments up to SR 1993 No. 345

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 (Leave of Absence Without Pay) Regulations.

2Interpretation

 In these Regulations, unless the contrary intention appears:

the Act means the Superannuation Act 1976.

3Exception under subsection 51 (5) of the Act

 An eligible employee referred to in subsection 51 (5) of the Act:

• (a)

  whose period of leave of absence without pay terminates before or on the expiration of the period of 12 weeks; and

• (b)

  who, upon the termination of the period of leave, continues to be an eligible employee;

 shall not be deemed to have been on leave of absence without pay for a period exceeding 12 weeks.

4Application of the Act and the provisions of the Act

The Act and the provisions of the Act specified in the Schedule apply to and in relation to a person to whom section 51 of the Act applies subject to the modifications specified in the Schedule.

ScheduleModification of the Act in its application to certain persons to whom section 51 of the Act applies

(regulation 4)

  

Modifications

Part

IX After Division 2 of Part IX, the following Division is inserted:

‘Division 2APersons to whom section 51 applies with Preserved Rights from Employment during Period of Leave

130AA

In this Division, unless the contrary intention appears, leave means leave of absence without pay in respect of which section 51 applies to a person means leave of absence without pay in respect of which section 51 applies to a person.

130AC (1)

Where:

• (a)

  a person to whom section 51 applies, and who is a person referred to in regulation 5, 9 or 11 of the Superannuation (Transfer Arrangements) Regulations, has, at any time during a period of leave, been in employment, within or outside Australia, on the termination of which a transfer value or transfer values (within the meaning of section 127) became payable to or in respect of the person under a superannuation scheme applicable in relation to that employment;

• (b)

  upon the termination of the period of leave, the person again becomes required to make contributions on contribution days;

• (c)

  before, or not later than 3 months after, the day on which the person again becomes required to make contributions on contribution days, or within such further period as the Commissioner in special circumstances allows, the person elects, by notice in writing to the Commissioner, to pay to the Commissioner an amount equal to the amount of that transfer value or, if 2 or more transfer values became payable, the sum of the amounts of those transfer values; and

• (d)

  that amount is, before the expiration of that period of 3 months or that further period, as the case may be, paid to the Commissioner;

 then, subject to this section, the provisions of section 128 (other than subsection 128 (1)) apply, for the purposes of this Division, to and in relation to that person as if the amount referred to in paragraph (d) had been paid to the Commissioner under subsection 128 (1).

(2)

If:

• (a)

  a person to whom section 51 applies engages in employment during a period of leave; and

• (b)

  a transfer value becomes payable to or in respect of that person in relation to that employment;

 subsection 128 (5) applies to that employee as if “(not being a period greater than the period of leave)” were inserted in that subsection after “such period”.

130AD (1) Where:

• (a)

  a person to whom section 51 applies has, at any time during a period of leave, been in employment, within or outside Australia;

• (b)

  upon the termination of that employment, a lump sum became payable to or in respect of that person under a superannuation scheme applicable in relation to that employment;

• (c)

  that lump sum, or a part of that lump sum, is an amount that is based on contributions by the member and, if subsection 130AC (1) applies to the person, does not form part of the transfer value referred to in that subsection; and

• (d)

  upon the termination of the period of leave, the person again becomes required to make contributions on contribution days;

 then, subject to subsection (2), the provisions of section 129 apply, for the purposes of this Division, to and in relation to that person as if:

• (e)

  he or she were a person referred to in subsection 129 (1); and

• (f)

  the lump sum or the part of the lump sum referred to in paragraph (c) were a lump sum or the part of a lump sum referred to in paragraph 129 (1) (c).

(2)

For the purposes of the application of subsection (1), subsection 129 (1) has effect in relation to a person to whom section 51 applies as if the reference in that subsection to a period of 3 months after the date on which a person becomes an eligible employee were a reference to a period of 3 months after the date on which the person again becomes required to make contributions on contribution days.’.

Section

• 157

  After ‘128,’ insert in paragraph (3) (a) ‘130AC,’.

Notes to the Superannuation (Leave of Absence Without Pay) Regulations

Note 1

The Superannuation (Leave of Absence Without Pay) Regulations (in force under the Superannuation Act 1976) as shown in this compilation comprise Statutory Rules 1988 No. 246 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
1988 No. 246	14 Oct 1988	14 Oct 1988
1993 No. 345	17 Dec 1993	18 Dec 1992	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Heading to Schedule............	rs. 1993 No. 345
Schedule.................................	am. 1993 No. 345