Superannuation (Transfer Arrangements) Regulations (Amendment) (Cth)

Statutory Rules 1981 No. 41

_______________

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 21 January 1981.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

MARGARET GUILFOYLE

Minister of State for Finance

_______________

Commencement

 1. These Regulations shall come into operation on 1 February 1981.

 2. The Superannuation (Transfer Arrangements) Regulations are amended by inserting after regulation 5 the following regulation:

Application of Act to certain employees of Anglo-Australian Telescope Board

• “6.

  The Act and the provisions of the Act specified in Schedule 3 apply subject to the modifications specified in Schedule 3 to and in relation to those persons to whom section 126 of the Act applies who—

  • (a)

    become, on 1 February 1981, eligible employees;

  • (b)

    are, on that day, employed by the Anglo-Australian Telescope Board; and

  • (c)

    were, immediately before so becoming eligible employees, members of the superannuation scheme known as the Anglo-Australian Telescope Project Staff Superannuation Fund.”.

Schedule 1

 3.Schedule 1 to the Superannuation (Transfer Arrangements) Regulations is amended by omitting “this provision” from the modification specified in relation to section 127 and substituting “this Division”.

Schedule 3

 4.The Superannuation (Transfer Arrangements) Regulations are amended by adding at the end thereof the following Schedule:

SCHEDULE 3

Regulation 6

MODIFICATIONS—CERTAIN EMPLOYEES OF THE

ANGLO-AUSTRALIAN TELESCOPE BOARD

 

Modifications

Section

127

Insert after sub-section (1) the following sub-section:

“(1C) In the application of this Division to and in relation to a person who—

• (a)

  becomes an eligible employee on 1 February 1981;

• (b)

  is, on that day, employed by the Anglo-Australian Telescope Board; and

• (c)

  was, immediately before so becoming an eligible employee, a member of the superannuation scheme known as the Anglo-Australian Telescope Project Staff Superannuation Fund,

his employment by the Anglo-Australian Telescope Board before becoming an eligible employee shall be deemed to have been terminated on 31 January 1981 otherwise than on the ground of validity or of physical or mental incapacity to perform the duties of his employment.”

128

Omit sub-section (5).

Insert before sub-section (6) the following sub-sections:

“(5D) Upon an eligible employee referred to in sub-section 127 (1C) ceasing to be an eligible employee or, if he ceases to be an eligible employee on more than one occasion, upon his first ceasing to be an eligible employee, there shall be added to the period that, but for this sub‑section, would be his period of contributory service a period equal to—

• (a)

  the period that is the quotient, expressed in years and fractions of a year, of the number of whole dollars contained in the employer component of the transfer value payable under the Anglo-Australian Telescope Project Staff Superannuation Fund in respect of the eligible employee divided by the number of whole dollars contained in the amount that is equal to 12½ per cent of the annual rate of salary of the employee on 1 February 1981; or

• (b)

  the period during which the eligible employee was a member of the Anglo-Australian Telescope Project Staff Superannuation Fund,

whichever is the lesser period.

“(5E) Where an eligible employee referred to in sub-section 127 (1C) is on leave of absence without pay on 1 February 1981, a reference in sub-section (5D) to the annual rate of salary of the eligible employee on that date shall be read as a reference to the annual rate of salary that would have been payable to the employee on that date if the employee had not been on leave.”.

130

Omit the section.

145

Omit the section.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 January 1981.

2. Statutory Rules 1978 No. 255 as amended by 1980 No. 257.