Superannuation (Salary) Regulations (Amendment) (Cth)

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Statutory Rules 1986 No. 491

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Superannuation (Salary) 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 12 April 1986.

N. M. STEPHEN
Governor-General

By His Excellency’s Command,

PETER WALSH

Minister of State for Finance

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Superannuation (Salary) Regulations.

Annual rate of salary of eligible employee who has received shift allowance on a regular basis during period of 12 months

2. Regulation 8d of the Principal Regulations is amended—

(a) by inserting in sub-regulation (1) “an amount equal to” before “whichever”;
(b) by omitting from the definition of “A” in sub-regulation (1) “work or duties performed by the person during”;
(c) by omitting from the definition of “C” in sub-regulation (1) “amount per annum” and substituting “annual rate”;
(d) by inserting in paragraph (1) (f) “or (h)” after “paragraph (g)”;
(e) by omitting from paragraph (1) (f) “or” (last occurring);

(S.R. 44/86)—Cat. No. 10/26.3.1986

(f) by inserting in paragraph (1) (g) “paragraph (h) does not apply and” after “if” (first occurring);
(g) by adding at the end of sub-regulation (1) the following word and paragraph:
“; or (h) if, at any time during the period of 12 months immediately preceding the particular day, the person was an approved part-time employee—the amount ascertained in accordance with the formula—

where—
E is—
(i) in the case of a person in relation to whom paragraph (f) would, but for this paragraph, have applied—the total amount of shift allowance referred to in that paragraph; or
(ii) in the case of a person in relation to whom paragraph (g) would, but for this paragraph, have applied—the total amount of shift allowance referred to in that paragraph;
F is the total number of hours that would have been the normal hours of duty of the person during that period of 12 months if during the whole of that period the person had performed his or her work or duties on a full-time basis; and
G is the total number of hours that, in accordance with the terms and conditions of employment applying from time to time to the person during that period of 12 months, were the normal hours of duty of the person during that period”; and
(h) by omitting paragraph (2) (a) and substituting the following paragraph:
“(a) the reference in the definition of “A” to the amount of salary paid or payable to a person in respect of a pay period in relation to the person is a reference to—
(i) in a case where sub-paragraph (ii) does not apply—the amount of salary (within the meaning of section 5 of the Act but excluding, in the case of a person who was during the pay period a prescribed partial invalidity pensioner for the purposes of sub-section (2a) of that section, partial invalidity pension) paid or payable to the person in respect of the pay period or, if during the whole or part of the pay period the person was an approved part-time employee, an amount of salary equal to the amount ascertained—

(A) except where sub-sub-paragraph (B) applies—in accordance with the formula—
; or
(B) where the salary (within the meaning of section 5 of the Act) of the person in respect of the pay period or that part of the pay period when the person was an approved part-time employee (as the case may be) included an allowance that was payable to the person in an amount that is the same as the amount that the person would have received in respect of that allowance if the person had, during the pay period or that part of the pay period, performed his or her work or duties on a full-time basis—in accordance with the formula—
; or
(ii) in a case where, by virtue of regulation 8c, an amount (in this sub-paragraph referred to as the ‘relevant amount’) equal to an amount in respect of shift allowance included in the salary or wages paid or payable to the person in respect of that pay period is not, in relation to the person, to be treated as salary for the purposes of the Act—the aggregate of the amount of salary first mentioned in sub-paragraph (i) in relation to the person and the relevant amount or, if during the whole or part of the pay period the person was an approved part-time employee, an amount of salary equal to the amount ascertained—
(A) except where sub-sub-paragraph (B) applies—in accordance with the formula—
; or
(B) where the salary (with the meaning of section 5 of the Act) of the person in respect of the pay period or that part of the pay period when the person was an approved part-time employee (as the case may be) included an allowance that was payable to the person in an amount that is the same as the amount that the person would have received in respect of that allowance if the person had, during the pay period or that part of the pay period, performed his or her work or duties on a full-time basis—in accordance with the formula—
,

where—
B is—
(iii) in the case of a person in relation to whom subparagraph (i) applies—the amount of salary first-mentioned in that sub-paragraph in relation to the person; or
(iv) in the case of a person in relation to whom subparagraph (ii) applies—the amount of the aggregate referred to in that sub-paragraph in relation to the person;
C is—
(v) in the case of a person in relation to whom sub-sub-paragraph (i) (b) applies—the amount of the allowance referred to in that sub-sub-paragraph payable to the person in respect of the pay period or that part of the pay period when the person was an approved part-time employee (as the case may be); or
(vi) in the case of a person in relation to whom sub-sub-paragraph (ii) (b) applies—the amount of the allowance referred to in that sub-sub-paragraph payable to the person in respect of the pay period or that part of the pay period when the person was an approved part-time employee (as the case may be);
D is the number of hours that would have been the normal hours of duty of the person for the pay period if during the whole of that period the person had performed his or her work or duties on a full-time basis; and
E is the number of hours that, in accordance with the terms and conditions of employment applying in relation to the person in respect of the pay period, were the normal hours of duty of the person for that pay period; and”.

Annual rate of salary on last day of service of certain persons who have ceased to be eligible employees

3. Regulation 8e of the Principal Regulations is amended—

(a) by inserting in sub-regulation (3) “an amount equal to” before “whichever”;
(b) by omitting from the definition of A in sub-regulation (3) “work or duties performed by the person during”;

(c) by omitting from the definition of C in sub-regulation (3) “amount per annum” and substituting “annual rate”;
(d) by inserting in paragraph (3) (j) “or (ka)” after “paragraph (k)”;
(e) by omitting from paragraph (3) (j) “or” (last occurring);
(f) by inserting in paragraph (3) (k) “paragraph (ka) does not apply and” after” if” (first occurring);
(g) by adding at the end of paragraph (3) (k) “or”;
(h) by inserting after paragraph (3) (k) the following paragraph:
“(ka) if, at any time during his or her final year of service, the person was an approved part-time employee—the amount ascertained in accordance with the formula—

where—
H is—
(i) in the case of a person in relation to whom paragraph (j) would, but for this paragraph, have applied—the total amount of shift allowance referred to in that paragraph; or
(ii) in the case of a person in relation to whom paragraph (k) would, but for this paragraph, have applied—the total amount of shift allowance referred to in that paragraph;
J is the total number of hours that would have been the normal hours of duty of the person during his or her final year of service if during the whole of that year the person had performed his or her work or duties on a full-time basis; and
K is the total number of hours that, in accordance with the terms and conditions of employment applying from time to time to the person during his or her final year of service, were the normal hours of duty of the person during that year”;
(j) by inserting in paragraph (3) (m) “or (na)” after “paragraph (n)”;
(k) by omitting from paragraph (3) (m) “or” (last occurring);
(m) by inserting in paragraph (3) (n) “paragraph (na) does not apply and” after “if” (first occurring);
(n) by adding at the end of paragraph (3) (n) “or”;
(o) by inserting after paragraph (3) (n) the following paragraph:
“(na) if, at any time during the period referred to in sub-paragraph (b) (ii) in relation to the person, the person was an approved part-time employee—the amount ascertained in accordance with the formula—

where—
H is—
(i) in the case of a person in relation to whom paragraph (m) would, but for this paragraph, have applied—the total amount of shift allowance referred to in that paragraph; or
(ii) in the case of a person in relation to whom paragraph (n) would, but for this paragraph, have applied—the total amount of shift allowance referred to in that paragraph;
J is the total number of hours that would have been the normal hours of duty of the person during the period referred to in sub-paragraph (b) (ii) in relation to the person if during the whole of that period the person had performed his or her work or duties on a full-time basis; and
K is the total number of hours that, in accordance with the terms and conditions of employment applying from time to time to the person during the period referred to in sub-paragraph (b) (ii) in relation to the person, were the normal hours of duty of the person during that period”; and
(p) by omitting paragraph (5) (a) and substituting the following paragraph:
“(a) the reference in the definition of “A” to the amount of salary paid or payable to a person in respect of a pay period in relation to the person is a reference to the amount (in this paragraph referred to as the relevant amount) of the aggregate of—
(i) the amount of salary (within the meaning of section 5 of the Act but excluding, in the case of a person who was during the pay period a prescribed partial invalidity pensioner for the purposes of sub-section (2a) of that section, partial invalidity pension) paid or payable to the person in respect of the pay period; and
(ii) the amount, being an amount equal to the amount in respect of shift allowance included in the salary or wages paid or payable to the person in respect of that pay period, that, by virtue of regulation 8c, is not, in relation to the person, to be treated as salary for the purposes of the Act,

or if during the whole or part of the pay period the person was an approved part-time employee, an amount of salary equal to the amount ascertained—
(iii) except where sub-paragraph (iv) applies—in accordance with the formula—
; or
(iv) where the salary (within the meaning of section 5 of the Act) of the person in respect of the pay period or that part of the pay period when the person was an approved part-time employee (as the case may be) included an allowance that was payable to the person in an amount that is the same as the amount that the person would have received in respect of that allowance if the person had, during the pay period or that part of the pay period, performed his or her work or duties on a full-time basis—in accordance with the formula—
; or
where—
B is the relevant amount;
C is the amount of the allowance referred to in subparagraph (iv) payable to the person in respect of the pay period or that part of the pay period when the person was an approved part-time employee (as the case may be);
D is the number of hours that would have been the normal hours of duty of the person for the pay period if during the whole of that period the person had performed his or her work or duties on a full-time basis; and
E is the number of hours that, in accordance with the terms and conditions of employment applying in relation to the person in respect of the pay period, were the normal hours of duty of the person for that pay period;”.

Interpretation

4. Regulation 12 of the Principal Regulations is amended by omitting from paragraph (b) all words after “reference to” and substituting “the amount of the salary that would be payable to the eligible employee on that day if the eligible employee had continuously performed during the period of leave of absence, and had performed on that day, on a full-time basis the work or duties in respect of which salary was payable to the eligible employee on the day (in this paragraph referred to as the ‘relevant day’) immediately preceding the day on which the period of leave of absence commenced less the amount or value of any allowance (other than an allowance that was included in the salary payable to the eligible employee on the relevant day) that would be included in that salary;”.

Further amendments

5. The Principal Regulations are further amended as set out in the Schedule.

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SCHEDULE Regulation 5

FURTHER AMENDMENTS OF THE PRINCIPAL REGULATIONS

Sub-regulation 13 (3)—

Omit “amount equal to the amount per annum”, substitute “amount per annum equal to the annual rate”.

Sub-paragraph 14 (b) (i)—

Omit “Level 3 in the Second Division”, substitute “Senior Executive Level 3”.

Sub-paragraph 14(b) (ii)—

Omit “Class 11 in the Third Division”, substitute “Clerical Administrative Class 11”.

Regulation 14—