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

Statutory Rules 1993

No. 346 1

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Superannuation (Transfer Arrangements) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation Act 1976.

Dated 15 December 1993.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

RALPH WILLIS

Minister for Finance

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1.   Commencement

1.1   These Regulations are taken to have commenced on 18 December 1992.

2.    Amendment

2.1   The Superannuation (Transfer Arrangements) Regulations are amended as set out in these Regulations.

3.   Regulation 3 (Interpretation)

3.1   Omit the regulation, substitute:

Interpretation

“3.

In these Regulations, unless the contrary intention appears:

‘Act’ means the Superannuation Act 1976;

‘transfer value’ has the meaning given by subsection 127 (1) of the Act.”.

4.   Regulation 5 (Application of the Act to certain employees of Commonwealth Accommodation and Catering Services Limited)

4.1   Omit the regulation, substitute:

Application of the Act to certain employees of Commonwealth Accommodation and Catering Services Limited

“5.

(1) Subject to subregulation (2), the Act applies subject to the modifications set out in Schedule 2 to persons to whom section 126 of the Act applies and who:

(a)

became eligible employees on 8 June 1980; and

• (b)

  were, 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.

“(2)

The modifications of the Act set out in Schedule 2 do not apply in relation to a person referred to in subregulation (1) who receives a transfer value:

• (a)

  on or after 18 December 1992; and

• (b)

  while on leave of absence without pay.”.

5.   Regulation 9 (Application of the Act to an officer of the Department of Health)

5.1   Omit the Regulation, substitute:

Application of the Act to an officer of the Department of Health

“9.

(1) Subject to subregulation (2), the Act applies subject to the modifications set out in Schedule 6 to the person who:

• (a)

  on 19 December 1985 became an eligible employee by virtue of holding the office of First Assistant Secretary, Health Services Financing Division, Department of Health; 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.

“(2)

The modifications of the Act set out in Schedule 6 do not apply in relation to the person referred to in subregulation (1) if that person receives a transfer value:

• (a)

  on or after 18 December 1992; and

• (b)

  while on leave of absence without pay.”.

6.   Regulation 11 (Application of the Act to certain transferring TAFE teachers)

6.1   Omit the regulation, substitute:

Application of the Act to certain transferring TAFE teachers

“11.

(1) Subject to subregulation (2), the Act applies subject to the modifications set out in Schedule 8 to those persons to whom section 126 of the Act applies and who:

• (a)

  on 31 March 1977, became eligible employees by virtue of their becoming, on that day, officers of the Commonwealth Teaching Service; and

• (b)

  immediately before becoming officers of that Service:

  • (i)

    were employed in the teaching service of the State of New South Wales; and

  • (ii)

    were engaged in full-time teaching duties in the Australian Capital Territory in connection with the provision of technical and further education; and

• (c)

  on 30 March 1977 were members of the superannuation scheme constituted by the Superannuation Act 1916 of the State of New South Wales, as in force on that day; and

• (d)

  since becoming eligible employees as set out in paragraph (a):

  • (i)

    have continued to be eligible employees; or

  • (ii)

    have, on only one occasion, ceased to be eligible employees and have not, after so ceasing, again become eligible employees.

“(2)

The modifications of the Act set out in Schedule 8 do not apply in relation to a person referred to in subregulation (1) who receives a transfer value:

• (a)

  on or after 18 December 1992; and

• (b)

  while on leave of absence without pay.”.

“(3)

In subregulation (1):

‘technical and further education’ means education provided by way of a course of instruction or training that:

• (a)

  is, or is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation; or

• (b)

  otherwise meets the educational needs of persons who are not enrolled in a full-time course of education at a primary school, a secondary school or a secondary college.”.

7.    Schedule 2 (Modifications—certain employees of Commonwealth Accommodation and Catering Services Limited)

7.1   Modifications of section 127 (first modification):

Omit “subsection (1ab)”, substitute “subsection (1aa)”.

7.2   Modifications of section 128 (third modification):

Omit the modification, substitute:

“Omit from subsection (3) ‘(other than so much of that transferred amount as is worked out under paragraph (2) (c))’.

“Omit subsection (4), substitute:

‘(4)

If, on the person ceasing to be an eligible employee:

• (a)

  a lump sum benefit becomes payable to or in respect of him or her under section 80 or 111; and

• (b)

  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 the person engaged in further employment, was payable to the person on the termination of his or her 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 the total of:

• (c)

  the amount referred to in paragraph (b); and

• (d)

  the amount that would have accrued by way of interest on that amount if it had been paid into the Fund on the day on which that amount was paid to the Consolidated Revenue Fund by the Commissioner.’.”.

7.3   Add at the end:

“Omit paragraph (6) (b), substitute:

• ‘(b)

  the employer component of a transfer value payable to or in respect of a person is the part of the transfer value that was based upon contributions by an employer or employers of the person.’.

“Omit subsection (8).”.

8.   Schedule 6 (Modifications—First Assistant Secretary, Health Services Financing Division, Department of Health)

8.1   Modifications of section 128 (first and second modifications):

Omit the modifications, substitute:

“Omit subsection (1), substitute:

‘(1)

Where:

• (a)

  the prescribed person, before he becomes an eligible employee or not later than 3 months after the day on which he becomes an eligible employee, or within such further period as the Commissioner, in special circumstances, allows, elects, by notice in writing to the Commissioner, to pay to the Commissioner an amount equal to the amount that was payable to him under section 79 of the Superannuation Act, 1974 of the State of South Australia; and

• (b)

  that amount is, before the expiration of that period of 3 months or that further period, as the case may be, paid to the Commissioner;

the succeeding provisions of this section have effect.’.”.

8.2   Modifications of section 128 (fourth modification):

Omit the modification, substitute:

“Omit subsection (3), substitute:

‘(3)

There shall be added to the period that, but for this subsection, would be the period of contributory service of the prescribed person the period commencing on 24 November 1976 and ending at the end of 18 December 1985.’

“Omit subsections (4), (4a), (4b), (4c), (5), (6) and (8).”.

9.   Schedule 8 (Modifications—certain transferring TAFE teachers)

9.1   Modifications of Part IX:

Omit the substituted subsection 128 (4), substitute:

“ ‘(4)

If, on the person ceasing to be an eligible employee:

• (a)

  a lump sum benefit becomes payable to or in respect of the person under section 80 or 111; and

• (b)

  the amount, or part of the amount, paid into the Consolidated Revenue Fund in respect of the person under paragraph (2) (b) is an amount that was payable to the person on the termination of his or her State employment under the State scheme;

there is payable to or in respect of the person an additional lump sum benefit of an amount equal to the total of:

• (c)

  the amount referred to in paragraph (b); and

• (d)

  the amount that would have accrued by way of interest on that amount if it had been paid into the Fund on the day on which that amount was paid to the Consolidated Revenue Fund by the Commissioner.’.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 December 1993.

2. Statutory Rules 1978 No. 255 as amended by 1980 No. 257; 1981 No. 4; 1984 No. 404; 1985 No. 74; 1986 Nos. 90 and 311; 1988 No. 317; 1989 No. 303; 1990 Nos. 140 and 271; 1991 No. 169; 1992 No. 270.