Veterans' Entitlements (Pension Bonus Scheme - Non-Accruing Members - Major Disaster) Declaration 2006 (No. R19 of 2006) (Cth)

REPATRIATION COMMISSION

Veterans' Entitlements Act 1986

Veterans' Entitlements (Pension Bonus Scheme – Non -Accruing Members – Major Disaster) Declaration 2006

Instrument 2006 No.R19

The Repatriation Commission makes this Declaration under subsection 45TO(1) of the Veterans’ Entitlements Act 1986.

Dated                    19^th September   2006

MARK SULLIVAN
PRESIDENT ED KILLESTEYN DEPUTY PRESIDENT SIMON HARRINGTON
COMMISSIONER

Repatriation Commission

_________________________________________________________

1.       Name of Declaration

This Declaration is the Veterans' Entitlements (Pension Bonus Scheme – Non-Accruing Members – Major Disaster) Declaration 2006 No. R19.

2.       Commencement

This Declaration commences on the day after it is registered on the Federal Register of Legislative Instruments.

Note:Section 56 of the Legislative Instruments Act 2003 (LIA) provides that a requirement in any pre-LIA legislation that an instrument (that turns out to be a legislative instrument under the LIA) be published in the Gazette (eg the current Declaration) is satisfied if the instrument is registered under the LIA.

3.       Definitions

In this Declaration:

gainful work has the meaning it has in sections 45TV to 45TZ (inclusive) of the VEA;

major disaster means a disaster declared to be a major disaster for the purposes of section 36 of the SSA (in force from time to time);

partner has the same meaning it has in section 5E of the VEA;

Pension Bonus Scheme means the scheme established by Part IIIAB of the VEA under which a person may receive a financial bonus for deferring their pension and remaining in the work force;

Repatriation Commission means the body corporate described in section 179 of the VEA;

SSA means the Social Security Act 1991;

VEA means the Veterans' Entitlements Act 1986.

4.       Kinds of non-accruing members

(1)   A member of the Pension Bonus Scheme, who is a member of any of the following kinds, is a non-accruing member of the Pension Bonus Scheme, for the purposes of Subdivision B, Division 3, Part IIIAB of the VEA, for the period specified in section 6:

(a)    a member whose amount of gainful work has been reduced by the occurrence of a major disaster; or

(b)    a member whose partner:

(i) is a member of:

(A) the Pension Bonus Scheme; or

(B) the corresponding scheme under Subdivision B, Division 3, Part 2.2A of Chapter 2 of the SSA (in force from time to time);and

(ii) has had his or her amount of gainful work reduced by the occurrence of a major disaster.

5.      Request by member to remain as an accruing member

Section 4 does not apply if a member of the Pension Bonus Scheme

requests that this Declaration does not apply to the member for all, or part, of the period specified in section 6.

6.      Period for which member is a non-accruing member

A member of the Pension Bonus Scheme who is a member of the kind described in paragraph 4(1)(a) or paragraph 4(1)(b) is a non-accruing member throughout the period during which the member is a member of the kind specified in section 4, up to a maximum of 13 weeks on and from the date of the occurrence of the major disaster.