Superannuation Legislation Amendment Act 1991

Administered by Department of the Treasury

Legislation au C2004A04205 In force Act

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Superannuation Legislation Amendment Act 1991

No. 130 of 1991

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section

 

1.

Short title

2.

Commencement

 

PART 2—AMENDMENTS OF THE SUPERANNUATION ACT 1976

3.

Principal Act

4.

Interpretation

5.

Meaning of “re-employed former contributor with preserved rights”

6.

Retirement on ground of invalidity

7.

Sections 11 and 13 not applicable to certain persons employed on or after 1 July 1990

8.

Statutory office holders

9.

Persons excluded from definition of “eligible employee”

10.

Medical examination, and issue of benefit classification certificate, on becoming eligible employee

11.

Benefit event happening before section 16 procedures completed

12.

Commissioner for Superannuation

13.

Functions

14.

Indemnification of members of the Board

15.

Decreases in salary

16.

Leave of absence without pay

17.

Interpretation

18.

Repeal of section and substitution of new section:

 

54g. Board to seek recommendations

19.

Board to decide whether to approve retirement

20.

Determination of requests, payments and rehabilitation programs to be in accordance with the Rules for the administration of the Superannuation (1990) Scheme

21.

Repeal of Division

TABLE OF PROVISIONS—continued

Section

 

22.

Entitlement to age retirement benefit

23.

Entitlement to early retirement benefit

24.

Election for lump sum benefit in case of involuntary retirement

25.

Election to commute

26.

Reduction of invalidity pensions because of earnings

27.

Insertion of new section:

 

73b. Reduction of invalidity pensions because of pre-assessment payments

28.

Entitlement to spouse’s benefit on death of pensioner

29.

Repeal of Division and substitution of new Division:

 

Division 5—Miscellaneous

 

109ab. Eligible employee or retirement pensioner survived by one spouse and child not in the custody, care and control of the spouse

 

110. Eligible employee or retirement pensioner survived by more than one spouse

 

110ab. Spouse’s pension to be increased in certain circumstances

30.

Insertion of new section:

 

110ea. Interest payable to employer in certain circumstances

31.

Repayment of interim benefits

32.

Payments of certain benefits to Fund by new productivity employees

33.

Productivity benefit

34.

Accumulated employer contributions

35.

Payment of productivity benefit

36.

Insertion of new Part:

 

PART VIb—POSTPONEMENT OF BENEFITS OF RETIREMENT PENSIONERS

 

110t. Circumstances in which benefits may be postponed

 

110ta. Effect of election

 

110tb. Date on which postponed benefits become payable

 

110tc. Rates of pension after postponement of payment

 

110td. Application of Parts VI and VIa in relation to postponed benefits

 

110te. Election by spouse to commute

 

110tf. Payment of lump sum benefit to orphan

 

110tg. Effect of election on benefits already paid

37.

Payment of accumulated contributions where no other benefit payable etc.

38.

Payments into and out of Consolidated Revenue Fund

39.

Instalments of pension

40.

Payment of part of a spouse’s pension etc. attributable to children

41.

Payment of orphan benefit

42.

Transfer value payable in respect of previous employment

43.

Payment of transfer values to Commissioner

44.

Insertion of new section:

 

1

Overview

The Superannuation Legislation Amendment Act 1991 (No. 130 of 1991) was enacted by the Parliament of Australia to amend certain Acts relating to superannuation and address gaps in existing legislation. The Act focuses on refining the eligibility criteria, benefit provisions, and administrative processes within the superannuation framework. Key changes include adjustments to the eligibility for superannuation benefits, modifications to the conditions under which benefits may be postponed, and updates to the administrative procedures and oversight mechanisms. The policy objective behind these amendments is to ensure the superannuation system remains fair, efficient, and responsive to the changing needs of the workforce, particularly in terms of retirement planning and benefit distribution.

Scope and Application

The Superannuation Legislation Amendment Act 1991 applies to superannuation laws and regulations in Australia, with amendments to the Superannuation Act 1976, Superannuation Act 1990, Superannuation Benefits (Supervisory Mechanisms) Act 1990, and Superannuation (Productivity Benefit) Act 1988. The Act applies to individuals who are eligible employees, retirement pensioners, and other related persons, as well as statutory office holders, and those who have made an election under section 6a of the Superannuation Act 1990. The Act applies to all jurisdictions in Australia, including Commonwealth, state, and territory levels. The Act introduces changes to the eligibility criteria for benefits, including amendments to the definition of “eligible employee” and the circumstances under which benefits may be payable. It also modifies the conditions for retirement on the ground of invalidity, decreases in salary, and leave of absence without pay. Furthermore, the Act revises the functions of the Board, indemnification of members of the Board, and the process for reconsidering decisions made by the Board. The Act also addresses the payment of benefits, including the postponement of benefits for retirement pensioners, the payment of accumulated contributions, and the payment of productivity benefits. It modifies the process for transferring values and the payment of transfer values to the Commissioner. Subordinate instruments, such as regulations, may extend or restrict the application of this Act. These regulations may include provisions related to medical examinations, benefit classification certificates, and the loss of entitlement to benefits.

Key Provisions

  • The Superannuation Legislation Amendment Act 1991 primarily amends the Superannuation Act 1976 and the Superannuation Act 1990, introducing several key provisions. The Act defines terms such as "eligible employee" and "eligible superannuation schemes" and modifies the eligibility criteria for retirement benefits, medical examination requirements, and the conditions for statutory office holders. It also introduces provisions for the deferral of benefits, the postponement of benefits for retirement pensioners, and changes the mechanism for calculating certain pension benefits. Additionally, the Act establishes new procedures for the review of decisions made by the Board and introduces provisions for transfers to approved and authorised superannuation schemes.
  • Parties governed by this Act, such as eligible employees and employers, are subject to specific obligations. Eligible employees must adhere to the medical examination and benefit classification certificate requirements, while employers are mandated to make contributions to the Superannuation Fund for their employees. The Board is responsible for managing and investing the Superannuation Fund and making decisions regarding the retirement of eligible employees.
  • Failure to comply with the provisions of the Act can result in various penalties and civil consequences. For example, employers who fail to make the required contributions to the Superannuation Fund may be subject to fines or other penalties as prescribed by the regulations. Similarly, eligible employees who fail to comply with medical examination requirements may be ineligible for certain benefits. The Act also includes provisions for the reimbursement of interim benefits and the payment of certain benefits to the Fund by new productivity employees.
  • The Act specifies certain offences and penalties. For instance, any person who knowingly makes a false statement in connection with a benefit application may be liable for a penalty. Additionally, the Act includes provisions for the reimbursement of interim benefits and the payment of certain benefits to the Fund by new productivity employees. The maximum penalties for offences under the Act are not explicitly stated but are generally determined by the severity of the offence and the applicable laws.

Legal classification tags

Area of Law
Superannuation Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Licensing & Registration
Enforcement Powers
Compliance Obligations
Regulatory Standards
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.