Statutory
Rules 1985 No. 741
Superannuation (Transfer
Arrangements) 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
16 May 1985.
N. M. STEPHEN
Governor-General
By His Excellency’s
Command,
Peter Walsh
Minister of State for Finance
Commencement
1. (1) Regulations 3 and 5 shall be deemed to
have taken effect from and including 4 December 1984.
(2) Regulation 4 shall
be deemed to have taken effect from and including 10 September 1984.
Principal
Regulations
2. In these Regulations, “Principal Regulations” means
the Superannuation (Transfer Arrangements) Regulations.
3. After regulation 7 of the Principal Regulations the
following regulation is inserted:
Application of
the Act to the Chairman of the Advanced Education Council
“8. The Act and the
provisions of the Act specified in Schedule 5 apply subject to the
modifications specified in that Schedule to and in relation to the person who
(SR. 103/850 Cat. No Recommended retail price 40c 10/30.4.1985
(a) on 4 December 1984, holds the office of the Chairman of the Advanced
Education Council and becomes an eligible employee by virtue of a direction
given by the Commissioner under sub-section 14 (1) of the Act; and
(b) was, before so becoming an eligible employee, a member of the
superannuation scheme constituted by the Superannuation Act, 1974 of the State
of South Australia.”.
Schedule 4
4. Schedule 4 to the Principal Regulations is repealed
and the following Schedule substituted:
SCHEDULE 4 Regulation 7
MODIFICATIONS
DIRECTOR-GENERAL OF HEALTH
Section | Modifications |
127 | Omit, substitute the following section |
‘127 In this Division, a reference to the prescribed person is a
reference to the person who
|
(a) on 10 September 1984, becomes an
eligible employee by virtue of his holding the office of Director-General of
Health, and
|
(b) was, for the period commencing on 13 February
1958 and ending on the expiration of 31 May 1974, a contributor to the
Superannuation Fund established under the
superseded Act’
|
128 | Omit from sub-section (1) all the words
to and including ‘employment, and’, substitute ‘Where’
|
Omit from paragraph (1) (a) ‘the eligible
employee’ and all the words from and including ‘amount of that transfer value’,
substitute ‘the prescribed person’ and ‘aggregate of the amounts that were
paid to him under sub-section 32 (2) and section 51 of the superseded Act,
and’ respectively
|
Omit
sub-section (2), substitute the following sub-section |
‘(2) The amount paid by the prescribed person to the Commissioner
under sub-section (1) shall be paid by the Commissioner into the
Superannuation Fund and, for the purposes of
this Act, that amount shall be deemed to be basic contributions paid by the
person to the Commissioner under this Act’
|
Omit
sub-sections (3), (4), (5) and (6), substitute the following sub-section |
‘(3) There shall be added to the period that, but for this
sub-section, would be the period of contributory service of the prescribed
person the period specified in paragraph 127(b)’
|
129 | Omit the
section |
130 | Omit,
substitute the following section |
‘130 Where the prescribed person, in accordance with sub section 128
(1), pays to the Commissioner the amount referred to in that sub-section,
section 16 does not apply in relation to the prescribed person’
|
Schedule 5
5. The Principal Regulations are amended by adding at the end the
following Schedule:
SCHEDULE 5 Regulation 8
MODIFICATIONS CHAIRMAN OF THE ADVANCED EDUCATION
COUNCIL
Section | Modifications |
127 | Omit, substitute the following section |
‘127 In this Division, a reference to the prescribed person is a
reference to the person who
|
(a) on 4 December 1984, holds the office
of the Chairman of the Advanced Education Council and becomes an eligible employee
by value of a direction given by the Commissioner under sub-section 14 (1) of
the Act, and
|
(b) was, before so becoming aneligible
employee, a member of the superannuation scheme constituted by the
Superannuation Act, 1974 of the State of South Australia’
|
128 | Omit from sub-section (1) all the words
to and including ‘employment, and’, substitute ‘Where’.
|
Omit from paragraph (1) (a) ‘the eligible
employee’ and all the words from and including ‘amount of that transfer value
, substitute ‘the prescribed person’ and ‘aggregate of the amounts that were
paid to him under sections 61 and 79 of the Superannuation Act, 1974 of the
State of South Australia, and’ respectively
|
Omit
sub-section (2), substitute the following sub-section |
‘(2) The amount paid by the prescribed person to the Commissioner
under sub-section (1) shall be paid by the Commissioner into the
Superannuation Fund and, for the purposes of
this Act, that amount shall be deemed to be basic contributions paid by the
person to the Commissioner under this Act.’.
|
Omit
sub-sections (3), (4), (5) and (6), substitute the following sub-section: |
‘(3) There shall be added to the period that, but for this
sub-section, would be the period of contributory service of the prescribed
person the period commencing on 1 February 1958 and ending at the expiration
of 3 December 1984.’.
|
129 | Omit the
section. |
130 | Omit,
substitute the following section: |
Exemption
from medical examination |
‘130 Where the prescribed person, in accordance with sub-section 128
(1), pays to the Commissioner the amount referred to in that sub-section,
section 16 does not apply in relation to the prescribed person.’.
|
NOTES
1. Notified in
the Commonwealth of Australia Gazette on 24 May 1985.
2. Statutory
Rules 1978 No. 255 as amended by 1980 No. 257; 1981 No. 4; 1984 No. 404.
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