Commonwealth Superannuation Schemes
No. 185 of 1992
An Act to amend various Acts to remove certain discriminatory provisions from a range of Commonwealth superannuation schemes, and for other purposes
[Assented to 17 December 1992]
The Parliament of Australia enacts:
Short title
1. This Act may be cited as the Commonwealth Superannuation Schemes Amendment Act 1992.
Commencement
2. This Act commences on 25 June 1993.
Amendments of Acts
3. The Acts specified in the Schedule are amended as set out in the Schedule.
Application and saving—Defence Force Retirement and Death Benefits Act 1973
4.(1) The amendments of the Defence Force Retirement and Death Benefits Act 1973 made by this Act apply, in relation to any benefits payable under that Act in respect of a deceased person who was a contributing member, a recipient member or a person in respect of whom deferred benefits were applicable (within the meaning of that Act), only if the deceased person dies on or after 25 June 1993.
(2) The Defence Force Retirement and Death Benefits Act 1973, as in force immediately before 25 June 1993, continues to apply in relation to any benefits payable under that Act in respect of a deceased person who was a contributing member, a recipient member or a person in respect of whom deferred benefits were applicable (within the meaning of that Act), and who died before 25 June 1993.
Application and saving—Governor-General Act 1974
5.(1) The amendments of the Governor-General Act 1974 made by this Act apply, in relation to any allowance payable under that Act in respect of a deceased person who held or had held the office of Governor-General, only if the deceased person dies on or after 25 June 1993.
(2) The Governor-General Act 1974, as in force immediately before 25 June 1993, continues to apply in relation to any allowance payable under that Act in respect of a deceased person who held or had held the office of Governor-General, and who died before 25 June 1993.
Application and saving—Judges’ Pensions Act 1968
6.(1) The amendments of the Judges’ Pensions Act 1968 made by this Act apply, in relation to any pension payable under that Act in respect of a deceased person who was a Judge or retired Judge (within the meaning of that Act), only if the deceased person dies on or after 25 June 1993.
(2) The Judges’ Pensions Act 1968, as in force immediately before 25 June 1993, continues to apply in relation to any pension payable under that Act in respect of a deceased person who was a Judge or retired Judge (within the meaning of that Act), and who died before 25 June 1993.
Application and saving—Parliamentary and Judicial Retiring Allowances Act 1973
7.(1) The amendments of the Parliamentary and Judicial Retiring Allowances Act 1973 made by this Act apply, in relation to any benefits payable under that Act, in respect of a deceased person who was or…
Overview
The Commonwealth Superannuation Schemes Amendment Act 1992, enacted on 17 December 1992, was introduced by the Parliament of Australia to address and rectify certain discriminatory provisions within various Commonwealth superannuation schemes. The legislation aimed to provide a more inclusive and equitable approach to superannuation benefits, particularly in relation to spousal and child entitlements. This Act amends several existing Acts, including the Defence Force Retirement and Death Benefits Act 1973, the Governor-General Act 1974, the Judges’ Pensions Act 1968, the Parliamentary and Judicial Retiring Allowances Act 1973, the Parliamentary Contributory Superannuation Act 1948, the Superannuation Act 1922, and the Superannuation Act 1976. The policy objective of the Act is to remove gender-based discrimination from superannuation schemes by ensuring that benefits are allocated fairly among surviving spouses and children, irrespective of the gender of the deceased member or pensioner.
Scope and Application
The Commonwealth Superannuation Schemes Amendment Act 1992 applies to various superannuation schemes within the Commonwealth of Australia. It amends several Acts to remove certain discriminatory provisions, specifically those related to the definitions of "child," "widow," and "widower," and the conditions for pension eligibility. The Act applies to deceased persons who were contributing members, recipient members, or in respect of whom deferred benefits were applicable, under the Defence Force Retirement and Death Benefits Act 1973, the Governor-General Act 1974, the Judges’ Pensions Act 1968, the Parliamentary and Judicial Retiring Allowances Act 1973, the Parliamentary Contributory Superannuation Act 1948, and the Superannuation Act 1922. The amendments apply to deceased persons who die on or after 25 June 1993, while the previous versions of the Acts continue to apply to those who died before this date. The Act also extends to the allocation of pensions among multiple spouses if a deceased person is survived by more than one spouse, with considerations given to the respective needs of the spouses. The Act does not apply to decisions made under specific sections of the amended Acts before 25 June 1993. The application of the Act is further defined and detailed in the Schedule, which specifies the changes to be made to the respective Acts, including the removal of gender-specific terms and the introduction of broader definitions for marital relationships and spouse eligibility.
Key Provisions
- The Commonwealth Superannuation Schemes Amendment Act 1992 (Act) amends several superannuation schemes to remove certain discriminatory provisions and to make them more inclusive. The Act applies to various superannuation Acts, including the Defence Force Retirement and Death Benefits Act 1973, the Governor-General Act 1974, the Judges’ Pensions Act 1968, the Parliamentary and Judicial Retiring Allowances Act 1973, the Parliamentary Contributory Superannuation Act 1948, the Superannuation Act 1922, and the Superannuation Act 1976.
- The Act introduces several key provisions to these Acts. It modifies the definition of "child" and "eligible child" to include adopted and stepchildren. It also redefines the term "marital relationship" to mean living together as a husband or wife on a permanent and bona fide domestic basis for at least three years, or less than three years if the relevant authority is satisfied that such a relationship existed. The Act further removes the term "widow" and replaces it with "spouse" to include same-sex partners.
- The Act imposes obligations on the relevant authorities, such as the Commissioner for Superannuation and the Attorney-General, to allocate pensions and benefits among spouses and eligible children in cases where the deceased person is survived by more than one spouse. These allocations must consider the respective needs of the spouses and eligible children and ensure that the aggregate of the rates of pension payable does not exceed 100% of the relevant pension rate.
- Breaching the provisions of this Act may result in various consequences. While the Act does not explicitly state the penalties for non-compliance, the amendments likely carry civil or administrative penalties for incorrect allocations of pensions and benefits. These penalties could include financial penalties, corrective actions, or administrative sanctions imposed by the relevant authorities. The Act may also provide for legal recourse, such as applications for review to the Administrative Appeals Tribunal, in cases where decisions made under the Act are contested. The specific penalties and consequences for breach would depend on the relevant provisions of the amended Acts and applicable laws.
- Area of Law
- Consumer Law
- Family Law
- Succession Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Rights & Protections
