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

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Statutory Rules

1980 No. 257

REGULATIONS UNDER THE SUPERANNUATION ACT 19761

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 this thirty-first day of August 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

ERIC L. ROBINSON

Minister of State for Finance

_______________

AMENDMENTS OF THE SUPERANNUATION (TRANSFER

ARRANGEMENTS) REGULATIONS2

1Commencement

These Regulations shall be deemed to have taken effect from and including 8 June 1980.
2Application of the Act to the Chairman of the Tertiary Education Commission
Regulation 4 of the Superannuation (Transfer Arrangements) Regulations is amended by omitting “the Schedule” (wherever occurring) and substituting “Schedule 1”.
3 The Superannuation (Transfer Arrangements) Regulations are amended by inserting after regulation 4 the following regulation:
Application of the Act to certain employees of Commonwealth Accommodation and Catering Services Limited
“5.
The Act and the provisions of the Act specified in Schedule 2 apply subject to the modifications specified in Schedule 2 to and in relation to those persons to whom section 126 of the Act applies who—
(a)
become, on 8 June 1980, eligible employees;
(b)
are, on that day, employed by Commonwealth Accommodation and Catering Services Limited; and
(c)
were, immediately before so becoming eligible employees, members of the superannuation scheme known as the Commonwealth Hostels Provident Fund.".

4Schedule

The Schedule to the Superannuation (Transfer Arrangements) Regulations is amended by omitting the words from and including “SCHEDULE” to and including “COMMISSION” and substituting the following:

“SCHEDULE 1

MODIFICATIONS—CHAIRMAN OF THE TERTIARY

EDUCATION COMMISSION”.

5Schedule 2

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

“SCHEDULE 2Regulation 5

MODIFICATIONS—CERTAIN EMPLOYEES OF COMMONWEALTH ACCOMMODATION AND CATERING SERVICES LIMITED

Modifications
127	Insert after sub-section (1) the following sub-section: ‘(1B) This Division applies to and in relation to a person who— (a) becomes an eligible employee on 8 June 1980; (b) is, on that day, employed by Commonwealth Accommodation and Catering Services Limited; and (c) was, immediately before so becoming an eligible employee, a member of the superannuation scheme known as the Commonwealth Hostels Provident Fund,
as if— (d) his employment by Commonwealth Accommodation and Catering Services Limited before becoming an eligible employee had been terminated on 7 June 1980 otherwise than on the ground of invalidity or of physical or mental incapacity to perform the duties of his employment; and (e) the transfer value payable to or in respect of the person were payable by way of a lump sum.’
128	Insert after sub-section (1) the following sub-section: ‘(1A) Where— (a) the Minister authorizes the trustees of the Commonwealth Hostels Provident Fund to pay so much of the transfer value payable under that superannuation scheme in respect of an eligible employee as is equal to the whole or part of the employer component of the transfer value to the Commissioner after the expiration of the period referred to in paragraph (1) (b); and (b) the trustees notify the Commissioner in writing of the amount of that employer component, that amount shall be deemed, for the purposes of sub-section (1), to have been paid to the Commissioner before the expiration of that period.’
Omit sub-section (2), substitute the following: ‘(2) Where a person makes an election referred to in paragraph (1) (a) to pay an amount (in this section referred to as the "transferred amount") to the Commissioner— (a) so much of the transferred amount as is equal to the employee component of the transfer value, or to the sum of the employee components of the transfer values, as the case may be, shall, upon receipt by the Commissioner, be paid by the Commissioner into the Superannuation Fund and, for the purposes of this Act, the amount so paid by the Commissioner into the Superannuation Fund shall, subject to sub-section (3), be deemed to be basic contributions paid by the person to the Commissioner under this Act; and (b) so much of the transferred amount as is equal to the employer component of the transfer value, or the sum of the employer components of the transfer values, as the case may be, together with any interest payable by the trustees of the Commonwealth Hostels Provident Fund under an authority referred to in paragraph (1A) (a), shall, upon receipt by the Commissioner, be paid by the Commissioner into the Consolidated Revenue Fund.’
Omit sub-section (4), substitute the following: ‘(4) If, upon the person ceasing to be an eligible employee, a lump sum benefit becomes payable to or in respect of him under section 80 or 111 and the amount, or part of the amount, of the transferred amount that is equal to the employer component of the transfer value, or the sum of the employer components of the transfer values, as the case may be, is an amount that, whether or not he engaged in further employment, was payable to him upon the termination of his previous employment under a superannuation scheme applicable to that employment, there is payable to or in respect of the person an additional lump sum benefit of an amount equal to that last-mentioned amount.’
Omit sub-section (5).
Insert before sub-section (6) the following sub-sections: ‘(5B) Upon an eligible employee referred to in sub-section 127 (1B) 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 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 Commonwealth Hostels Provident 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 8 June 1980. ‘(5C) Where an eligible employee referred to in sub-section 127 (1B) is on leave of absence without pay on 8 June 1980, a reference in sub-section (5B) 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.’ ”.

Modifications

Section

127

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

‘(1B) This Division applies to and in relation to a person who—

(a)
becomes an eligible employee on 8 June 1980;
(b)
is, on that day, employed by Commonwealth Accommodation and Catering Services Limited; and
(c)
was, immediately before so becoming an eligible employee, a member of the superannuation scheme known as the Commonwealth Hostels Provident Fund,

as if—

(d)
his employment by Commonwealth Accommodation and Catering Services Limited before becoming an eligible employee had been terminated on 7 June 1980 otherwise than on the ground of invalidity or of physical or mental incapacity to perform the duties of his employment; and
(e)
the transfer value payable to or in respect of the person were payable by way of a lump sum.’

128

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

‘(1A) Where—

(a)
the Minister authorizes the trustees of the Commonwealth Hostels Provident Fund to pay so much of the transfer value payable under that superannuation scheme in respect of an eligible employee as is equal to the whole or part of the employer component of the transfer value to the Commissioner after the expiration of the period referred to in paragraph (1) (b); and
(b)
the trustees notify the Commissioner in writing of the amount of that employer component,

that amount shall be deemed, for the purposes of sub-section (1), to have been paid to the Commissioner before the expiration of that period.’

Omit sub-section (2), substitute the following:

‘(2) Where a person makes an election referred to in paragraph (1) (a) to pay an amount (in this section referred to as the "transferred amount") to the Commissioner—

(a)
so much of the transferred amount as is equal to the employee component of the transfer value, or to the sum of the employee components of the transfer values, as the case may be, shall, upon receipt by the Commissioner, be paid by the Commissioner into the Superannuation Fund and, for the purposes of this Act, the amount so paid by the Commissioner into the Superannuation Fund shall, subject to sub-section (3), be deemed to be basic contributions paid by the person to the Commissioner under this Act; and
(b)
so much of the transferred amount as is equal to the employer component of the transfer value, or the sum of the employer components of the transfer values, as the case may be, together with any interest payable by the trustees of the Commonwealth Hostels Provident Fund under an authority referred to in paragraph (1A) (a), shall, upon receipt by the Commissioner, be paid by the Commissioner into the Consolidated Revenue Fund.’

Omit sub-section (4), substitute the following:

‘(4) If, upon the person ceasing to be an eligible employee, a lump sum benefit becomes payable to or in respect of him under section 80 or 111 and the amount, or part of the amount, of the transferred amount that is equal to the employer component of the transfer value, or the sum of the employer components of the transfer values, as the case may be, is an amount that, whether or not he engaged in further employment, was payable to him upon the termination of his previous employment under a superannuation scheme applicable to that employment, there is payable to or in respect of the person an additional lump sum benefit of an amount equal to that last-mentioned amount.’

Omit sub-section (5).

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

‘(5B) Upon an eligible employee referred to in sub-section 127 (1B) 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 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 Commonwealth Hostels Provident 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 8 June 1980.

‘(5C) Where an eligible employee referred to in sub-section 127 (1B) is on leave of absence without pay on 8 June 1980, a reference in sub-section (5B) 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.’ ”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 5 September 1980.

2. Statutory Rules 1978 No. 255.

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

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