Superannuation (Productivity Benefit) (Qualified Employees and Alternative Arrangements) Declaration No. 1 (Cth)

Statutory Rules 1993   No. 224¹

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Superannuation (Productivity Benefit) (Qualified Employees and Alternative Arrangements) Declaration No. 1

I, RALPH WILLIS, Minister for Finance, acting under subsections 3F (1) and 4A (1) and (2) the Superannuation (Productivity Benefit) Act 1988, make the following Declaration.

Dated 9 August 1993.

RALPH WILLIS

Minister for Finance

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Citation

1.   This Declaration may be cited as the Superannuation (Productivity Benefit) (Qualified Employees and Alternative Arrangements) Declaration No. 1.

Commencement

2.   This Declaration is taken to have commenced on 1 July 1992.

Interpretation

3.   In this Declaration, unless the contrary intention appears:

“Act” means the Superannuation (Productivity Benefit) Act 1988;

“retire” includes cease (otherwise than by death) to hold office;

“superannuation benefits” includes pensions and allowances.

Qualified employees—class of persons

4.   For the purposes of subsection 3F (1) of the Act, the class of persons, each of whom:

(a)   holds office as the Governor-General; or

(b)   is a judge for the purposes of the Judges’ Pensions Act 1968;

is a class of persons who are qualified employees.

Declared class of qualified employees

5.   For the purposes of subsection 4A (1) of the Act, the class of qualified employees, each of whom is a member of the class of persons mentioned in clause 4, is a class of employees who are neither fund employees nor interim arrangement employees.

Specified arrangements for declared class

6.   (1)  For the purposes of subsection 4A (2) of the Act, the arrangements specified in this clause are to apply to the class of qualified employees mentioned in clause 5.

(2) Subject to subclauses (3), (6) and (7), where a person who was a member of that class has retired from that class, there is payable, in accordance with subclause (7), an amount of benefit equal to the amount of the interim benefit that would have been payable to the member under section 8A of the Act if he or she had been an interim arrangement employee.

(3)   The amount of benefit payable to or in respect of a person under subclause (2) is to be reduced by the amount (if any) of superannuation benefits that is payable to the person or, if the person dies before the date of payment of the amount, to or in respect of the spouse or dependants of the person:

(a)   in the case of a person who, immediately before his or her retirement, held the office of Governor-General—under the Governor-General Act 1974; or

(b)   in the case of a person who, immediately before his or her retirement, was a judge for the purposes of the Judges’ Pensions Act 1968—under that Act.

(4)   Subject to subclauses (5), (6) and (7), in the case of the death of a person who, at the date of his or her death, was a member of that class of qualified employees, there is payable, in accordance with subclause (7), the amount of benefit that would have been payable under subclause (2) (without reduction under subclause (3)) if the person had retired from that class on that date.

(5)   The amount of benefit payable under subclause (4) is to be reduced by the amount (if any) of superannuation benefits that is payable to or in respect of the spouse or dependants of the person mentioned in that subclause:

(a)   in the case of a person who, immediately before his or her death, held the office of Governor-General—under the Governor-General Act 1974; or

(b)   in the case of a person who, immediately before his or her death, was a judge for the purposes of the Judges’ Pensions Act 1968—under that Act.

(6)   If an amount of benefit is reducible under subclause (3) or (5), the amount must not be paid until the administrator of the superannuation benefits payable under Governor-General Act 1974 or the Judges’ Pensions Act 1968, as the case requires, has made a determination to the effect that no further superannuation benefits are payable under the relevant Act:

(a)   to that person; or

(b)   to or in respect of the spouse or dependants of that person;

as the case requires.

(7)   An amount payable under subclause (2) or (4) is payable:

(a)   in the case of an amount payable under subclause (2):

(i)   if the person mentioned in that subclause is alive at the date of payment of the amount—to that person; or

(ii)   in any other case:

(A)   if there is a surviving spouse of the person mentioned in that subclause—to that spouse; or

(B)   if sub-subparagraph (A) does not apply and there are surviving dependants of the person mentioned in that subclause—to those dependants; or

(C)   in any other case—to the personal representatives of the person mentioned in that subclause;

(b)   in the case of an amount payable under subclause (4):

(i)   if there is a surviving spouse of the person mentioned in that subclause—to that spouse; or

(ii)   if subparagraph (i) does not apply and there are surviving dependants of the person mentioned in that subclause—to those dependants; or

(iii)   in any other case—to the personal representatives of the person mentioned in that subclause.

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NOTE

1.   Notified in the Commonwealth of Australia Gazette on 13 August 1993.