Superannuation Regulations (Cth)

Superannuation Regulations

Statutory Rules 1960 No. 68 as amended

made under the

Superannuation Act 1922

This compilation was prepared on 8 June 2004

taking into account amendments up to SR 1976 No. 133

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

Page

Contents

1 Citation [see Note 1] 3

2 Repeal	3
3 Interpretation	3
4 Approved authorities	3

4A Investment of moneys of the Fund in debentures 5

5	Prescribed time for the purposes of section 19 (3)	5
6	Manner of ascertaining salary for purposes of

section 22 5

6A Amount specified for the purpose of subsection

22 (1) 6

7 Prescribed time and condition for purposes of

section 20A 6

8	Prescribed times for the purposes of section 25	7
9	Prescribed authority for purposes of section 65	7
10	Prescribed time for purposes of section 67 or 69	7
11	Public Service Superannuation Funds	8
12	Manner of ascertaining fortnightly salary for the

purposes of section 80 9

13 Manner of making elections 9

14 Payment of pensions 9

15 Evidence as to pensioners 9

16 False information 10

The Schedule	11
Notes	12
2

Regulation 4

1 Citation [see Note 1]

These Regulations may be cited as the Superannuation

Regulations.

2 Repeal

The Superannuation Regulations (comprising the Statutory Rules specified in the Schedule to these Regulations) are repealed.

3 Interpretation

In these Regulations, the Act means the Superannuation Act

1922-1959.

4 Approved authorities

The following Commonwealth authorities are approved

authorities for the purposes of the Act:

Australian Apple and Pear Board.

Australian Atomic Energy Commission.

Australian Canned Fruits Board.

Australian Capital Territory Electricity Authority.

Australian Coastal Shipping Commission.

Australian Dairy Produce Board.

Australian Egg Board.

Australian Film Development Corporation.

Australian Honey Board.

Australian Institute of Aboriginal Studies.

Australian Meat Board.

Australian National Airlines Commission.

Australian Stevedoring Industry Authority.

3

Regulation 4

Australian Tobacco Board.

Australian Tourist Commission.

Australian Wheat Board.

Australian Wine Board.

Australian Wool Board.

Canberra College of Advanced Education.

Canberra Theatre Trust.

Capital Territory Health Commission.

Commonwealth Bureau of Roads.

Commonwealth	Scientific	and	Industrial	Research
Organization.

Commonwealth Serum Laboratories Commission.

Dried Fruits Control Board.

Export Payments Insurance Corporation.

Housing Commission constituted under the Housing Ordinance

1959-1969 of the Northern Territory of Australia.

Housing Loans Insurance Corporation.

Museums and Art Galleries Board established by the Museums and Art Galleries Ordinance 1965-1970 of the Northern Territory of Australia.

National Capital Development Commission.

National Standards Commission.

Northern Territory Port Authority.

Northern Territory Reserves Board.

Northern Territory Tourist Board.

Overseas Telecommunications Commission (Australia).

Snowy Mountains Engineering Corporation.

Snowy Mountains Hydro-electric Authority.

Trustees of the Services Canteens Trust Fund.

4

Regulation 6

4A Investment of moneys of the Fund in debentures

(1) For the purposes of paragraph (a) of subsection (4) of section 12 of the Act, an investment of moneys of the Fund in a debenture of a kind referred to in paragraph (d) of subsection (2) of that section is permitted if, before making the investment, the Board obtains and considers advice from an expert adviser as to the suitability for the Fund, having regard to the purposes of the Fund, of the proposed investment.

(2) In subregulation (1), ‘expert adviser’, in relation to a proposed investment, means a person (including a body corporate) whom the Board, having regard to the competence and experience in financial matters of the person, chooses to give advice to the Board in relation to that proposed investment, but does not include a person who is a member, or a deputy of a member, of the Board or a member of the staff of the Board.

5 Prescribed time for the purposes of section 19 (3)

Where the salary of an employee or pensioner is increased in circumstances set out in subsection (3) of section 19 of the Act, an election to contribute for additional units of pension shall be made by the employee or pensioner for the purposes of that subsection within twelve months after the date on which his salary is so increased.

6 Manner of ascertaining salary for purposes of section 22

(1) For the purposes of paragraph (a) of subsection (1) of section 22 of the Act, the salary of an employee who is paid salary at a rate other than an annual rate of salary shall be ascertained, for the purposes of Division 2 of Part III of the Act, by multiplying the weekly rate of salary of the employee by 52.

(2) In ascertaining the salary of an employee to whom the last preceding subregulation applies:

(a) subject to the next succeeding paragraph, if the employee is not receiving remuneration at the maximum rate

5

Regulation 6A

applicable to his office or position, he shall be deemed to

be receiving remuneration at that maximum rate; and

(b) if the employee has not attained the age of twenty-one years and occupies an office or position in respect of which the remuneration varies according to the age of the occupant, the last preceding paragraph does not apply, but, in the case of such an employee who has not attained the age of twenty years, he shall be deemed to be receiving remuneration at the rate that would be applicable to him if he had attained the age of twenty years.

6A

Amount specified for the purpose of subsection

22 (1)

The amount specified for the purpose of subsection 22 (1) of

the Act is $15,080.

7

Prescribed time and condition for purposes of section 20A

(1)

The time within which an employee to whom subsection (1) or subsection (2) of section 20A of the Act applies may elect to contribute for additional units of pension in accordance with subsection (3) of that section is the period of 12 months after:

(a)	the date upon which his salary is increased or the date as from which his salary is increased, whichever is the later date; or
(b)	the date upon which the prescribed amount is increased, as the case requires.

(2) It is a condition upon which an employee may make an election under subsection (3) of section 20A of the Act that the employee, within the period of 6 months after the date on which he makes the election or within such further period as the Board allows, satisfies the Board that he is not suffering from any physical or mental defect (not being a defect that, in the opinion of the Board, is the result of service of the employee as a member of the Forces as defined by subsection (2) of section 147 of the Act) likely to render him incapable of performing his duties before attaining the maximum age for retirement.

6

Regulation 10

8 Prescribed times for the purposes of section 25

(1) The prescribed time for the purposes of subsection (1) of section 25 of the Act is the period of six months after the date upon which the increased contribution for the additional unit or units of pension becomes payable.

(2) The prescribed time for the purposes of subsection (2) of section 25 of the Act is the period of six months after the date upon which the increased contribution for the additional unit or units of pension would have become payable if the contributor had not attained the age of sixty years.

9 Prescribed authority for purposes of section 65

The prescribed authority for the purposes of section 65 of the

Act is:

(a)	in the case of a person who was, at the date of his retirement, employed under the Commonwealth Public Service Act 1922 or under that Act as amended — the Public Service Board; or
(b)	in the case of a person who, at the date of his retirement, was employed under any other Act — the authority constituted by the Act under which he was so employed.

10 Prescribed time for purposes of section 67 or 69

The prescribed time for the purposes of subsection (2) of

section 67, or of subsection (1) of section 69, of the Act is:

(a)	in the case of a person who is an employee within the meaning of section 4 of the Act — the period of 12 months after the date on which he becomes an employee; or
(b)	in the case of a person who is to be deemed to be an employee within the meaning of section 4 of the Act by virtue of a direction under subsection (4), (5) or (6) of that section — the period of 12 months after the date as from which he is to be deemed to be such an employee.

7

Regulation 11

11 Public Service Superannuation Funds

Each of the following funds or accounts is a Public Service

Superannuation Fund for the purposes of the Act:

(a)	the Electricity Commission Provident Fund, established by the State Electricity Commission constituted by the State Electricity Commission Act 1958 of the State of Victoria;
(b)	the Government Railways Superannuation Account, established by the Government Railways Act, 1912-1958 of the State of New South Wales;
(c)	the Local Government Provident Fund, established by the Local Government and Other Authorities (Superannuation) Act, 1927-1959 of the State of New South Wales;
(d)	the Melbourne and Metropolitan Board of Works Superannuation Scheme, established under the Melbourne and Metropolitan Board of Works Act 1958 of the State of Victoria;
(e)	the Melbourne Harbour Trust Superannuation Account, established under the Melbourne Harbour Trust Act 1958 of the State of Victoria;
(f)	the Papua and New Guinea Superannuation Fund, established by the Superannuation (Papua and New Guinea) Ordinance 1951-1960 of the Territory of Papua and New Guinea;

(g) the Superannuation Fund established by the

Superannuation Ordinance 1928-1955 of the Territory of

New Guinea;

(h) the superannuation fund of the Commonwealth Banking Corporation, established by the Commonwealth Banks Act 1959;

(i) the superannuation fund of the Reserve Bank of Australia, established by the Reserve Bank Act 1959; and

(j) the Pilots’ Contribution Account maintained by the Australian National Airlines Commission, established under the Australian National Airlines Act 1945-1959.

8

Regulation 15

12 Manner of ascertaining fortnightly salary for the purposes of section 80

For the purposes of section 80 of the Act, the fortnightly salary

of a contributor to the Provident Account shall be ascertained:

(a)	in the case of a contributor whose salary is paid at an annual rate — by dividing that annual rate by twenty-six; or
(b)	in the case of a contributor who is paid salary at a weekly rate — by multiplying that rate by two.

13 Manner of making elections

An application, election or choice under the Act shall be made

by instrument in writing addressed to the Board.

14 Payment of pensions

(1) Pensions and other payments under the Act shall be authorized for payment in accordance with the provisions of the Treasury Regulations.

(2) Pensions are payable on the Thursday of each fortnight that alternates with the Thursday on which salaries are paid to officers of the Public Service of the Commonwealth.

15 Evidence as to pensioners

The Board may require:

(a)	a person to whom, or in respect of whom, a pension is payable to submit evidence to the satisfaction of the Board that he is alive;
(b)	a person to whom a pension is payable as the widow of a contributor or pensioner to submit evidence to the satisfaction of the Board that she has not re-married; and
(c)	a person to whom a pension is payable in respect of a child to submit evidence to the satisfaction of the Board that the child is alive, is in his care and is maintained by him.

9

Regulation 16

16 False information

A person shall not make a false or misleading statement in any information given for the purposes of, or in connexion with a matter arising under, the Act or these Regulations.

Penalty: Twenty dollars.

10

The Schedule

The Schedule

(regulation 2)

Statutory Rules 1952, No. 20 Statutory Rules 1953, No. 52 Statutory Rules 1954, No. 87 Statutory Rules 1954, No. 125

Statutory Rules 1955, No. 60 Statutory Rules 1956, No. 95 Statutory Rules 1957, No. 34 Statutory Rules 1957, No. 65 Statutory Rules 1958, No. 39 Statutory Rules 1958, No. 47 Statutory Rules 1960, No. 31.

11

Notes to the Superannuation Regulations

Table of Statutory Rules

Notes to the Superannuation Regulations

Note 1

The Superannuation Regulations (in force under the Superannuation Act 1922) as shown in this compilation comprise Statutory Rules 1960 No. 68 amended as indicated in the Tables below.

Table of Statutory Rules

Year and	Date of	Date of	Application,
number	notification	commencement	saving or
in Gazette	transitional provisions
1960 No. 68	30 Aug 1960	30 Aug 1960
1962 No. 14	22 Feb 1962	22 Feb 1962	—
1963 No. 51	20 June 1963	20 June 1963	—
1963 No. 118	1 Nov 1963	1 Nov 1963	—
1964 No. 73	25 June 1964	25 June 1964	—
1965 No. 5	18 Jan 1965	18 Jan 1965	—
1965 No. 156	4 Nov 1965	4 Nov 1965	—
1965 No. 182	10 Dec 1965	10 Dec 1965	—
1966 No. 38	10 Feb 1966	14 Feb 1966	—
1966 No. 67	11 Mar 1966	11 Mar 1966	—
1966 No. 96	23 June 1966	23 June 1966	—
1966 No. 113	21 July 1966	21 July 1966	—
1967 No. 15	16 Feb 1967	16 Feb 1967	—
1967 No. 23	9 Mar 1967	9 Mar 1967	—
1967 No. 83	29 June 1967	29 June 1967	—
1967 No. 147	16 Nov 1967	16 Nov 1967	—
1968 No. 48	4 Apr 1968	4 Apr 1968	—
1968 No. 71	27 June 1968	27 June 1968	—
1968 No. 135	7 Nov 1968	7 Nov 1968	—
1969 No. 105	30 July 1969	30 July 1969	—
1969 No. 204	18 Dec 1969	18 Dec 1969	—
1970 No. 4	23 Jan 1970	23 Jan 1970	—
1970 No. 112	27 Aug 1970	27 Aug 1970	—
1970 No. 173	5 Nov 1970	5 Nov 1970	—
1970 No. 211	30 Dec 1970	30 Dec 1970	—
1971 No. 5	14 Jan 1971	14 Jan 1971	—
1971 No. 115	26 Aug 1971	26 Aug 1971	—
1972 No. 73	22 May 1972	22 May 1972	—
12

Notes to the Superannuation Regulations

Table of Statutory Rules

Year and	Date of	Date of	Application,
number	notification	commencement	saving or
in Gazette	transitional provisions
1972 No. 120	27 July 1972	27 July 1972	—
1973 No. 78	12 Apr 1973	12 Apr 1973	—
1973 No. 101	31 May 1973	31 May 1973	—
1973 No. 180	20 Sept 1973	20 Sept 1973	—
1974 No. 111	27 June 1974	27 June 1974	—
1974 No. 150	22 Aug 1974	22 Aug 1974	—
1974 No. 266	23 Dec 1974	23 Dec 1974	—
1975 No. 8	23 Jan 1975	23 Jan 1975	—
1975 No. 79	15 May 1975	15 May 1975	—
1975 No. 187	23 Sept 1975	23 Sept 1975	—
1975 No. 198	30 Oct 1975	30 Oct 1975	—
1976 No. 85	24 Mar 1976	24 Mar 1976	—
1976 No. 133	24 June 1976	24 June 1976	—

13

Notes to the Superannuation Regulations

Table of Amendments

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected	How affected
R. 4 .....................................	am. 1962 No. 14; 1963 Nos. 51 and 118; 1965 No. 5;

1966 No. 67; 1967 Nos. 23, 83 and 147; 1968 Nos. 48

and 71; 1969 No. 204; 1970 Nos. 112 and 173; 1971

No. 115; 1974 No. 266; 1975 No. 187

R. 4A...................................	ad. 1973 No. 78
R. 5 .....................................	rs. 1965 No. 156
R. 6 .....................................	am. 1965 No. 182
R. 6A...................................	ad. 1964 No. 73
rs. 1965 No. 156
rep. 1965 No. 182
ad. 1966 No. 96
rs. 1966 No. 113; 1967 No. 15; 1968 No. 135; 1969 No. 105; 1970 Nos. 4 and 211; 1971 No. 5; 1972 Nos. 73 and 120; 1973 Nos. 101 and 180; 1974 Nos. 111 and 150; 1975 Nos. 8, 79 and 198; 1976

Nos. 85 and 133

R. 7 .....................................	rs. 1965 No. 182
R. 10 ...................................	rs. 1965 No. 182
R. 16 ...................................	am. 1966 No. 38
14