Defence Force Retirement and Death Benefits (Surcharge Deduction Amount—Conversion Factors) Determination 2015

Administered by Department of Defence

Legislation au F2015L02068 In force Legislative Instrument

Legislation content

Defence Force Retirement and Death Benefits (Surcharge Deduction Amount—Conversion Factors) Determination 2015 – Explanatory Statement

 

 

1 Name of Determination

 

This Determination is the Defence Force Retirement and Death Benefits (Surcharge Deduction Amount—Conversion Factors) Determination 2015.

 

2 Commencement

 

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

 

3 Authority for this Determination

 

 This Determination is made under subsection 124A(1) of the Defence Force Retirement and Death Benefits Act 1973 (the DFRDB Act).

 

4 Purpose and operation of this Determination

 

Background

 

The Superannuation Legislation Amendment (Superannuation Contributions Tax) Act 1997 (No.187/1997) amended the DFRDB Act by inserting section 6C into the Act.

Under section 6C of the DFRDB Act, if a member’s surcharge debt account applicable under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 is in debit at the time a benefit becomes payable to or in respect of the member, Commonwealth Superannuation Corporation (CSC), the statutory body legally responsible for the administration of the DFRDB Act, must determine in writing the surcharge deduction amount that, in its opinion, it would be fair and reasonable to take into account in working out the amount of those benefits.

Member election

 

Subsection 124(1) of the DFRDB Act provides that a member of the DFRDB scheme whose surcharge debt account is in debit when benefits (other than deferred benefits) become payable to the member under the DFRDB Act may elect in writing that those benefits (instead of any productivity superannuation benefit) be adjusted to take the member’s surcharge deduction amount into account.

 

 For example, a person entitled to retirement pay under section 23 of the DFRDB Act may make an election under subsection 124(1) of the DFRDB Act. The person’s retirement pay is then reduced in accordance with the formula set out in subsection 23(6) of the DFRDB Act, instead of having the surcharge debt applied to the person’s productivity superannuation benefit. 

 

 Election in respect of a deceased member

 

 Subsection 124(2) of the DFRDB Act provides that when a benefit becomes payable in respect of the member under subsection 48(1) or 48A of the Act, the deceased persons personal representative (or, if there is no legal personal representative, another person determined by CSC) may elect in writing that that benefit (instead of any productivity superannuation benefit payable to the member) be adjusted to take the member’s surcharge deduction amount into account.

 

 Determination of conversion factors

 

 Subsection 124A(1) of the DFRDB Act provides that CSC must, in accordance with advice from the Australian Government Actuary (AGA), determine in writing the conversion factor that, having regard to the age of a member of the scheme when a benefit becomes payable and any other relevant factors is applicable for the purpose of working out, in relation to the member, the yearly amount that would have to be paid to discharge a liability equal to the member’s surcharge deduction amount.

 

In general terms, in order to discharge the surcharge deduction amount liability to or in respect of a member, a standard rate of reduction is applied to the starting rate of the benefit, using the conversion factors determined by CSC, having regard to the person’s age when the benefit becomes payable. 

 

Advice from the Australian Government Actuary

 

On 22 September 2015 the AGA advised CSC of updated conversion factors for the purposes of subsection 124(1) of the DFRDB Act. These updated conversion factors are intended to replace the factors last provided by the AGA in 2003.

 

Application of new factors

 

DFRDB benefits payable to or in respect of a member after the commencement date of this Determination will apply the conversion factors set out in this Determination   in order to calculate, where necessary, the reduction in benefits to discharge the surcharge deduction amount.

 

Repeal of previous determination

 

The conversion factors in this Determination replace any conversion factors previously determined under subsection 124(1) of the DFRDB Act.

 

Accordingly, Schedule 1 of this Determination repeals the Superannuation (DFRDB Scheme) (Surcharge Deduction Amount Conversion Factors) Determination No. 1: ComLaw reference: https://www.comlaw.gov.au/Series/F2008B00368.

 

 

 

5 Legislative Instruments Act 2003

 

This Determination is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003 (LIA). However, as this Determination is an instrument relating to superannuation, it is exempted from disallowance by item 39 of the table in subsection 44(2) of the LIA.

 

The publication requirement specified in subsection 124A(2) of the DFRDB Act is satisfied by registration of this Determination on the Federal Register of Legislative Instruments – see section 56 of the LIA.  

 

6 Consultation

 

Section 17 of the LIA specifies that rule-makers should consult before making legislative instruments. Actuarial advice was obtained regarding the factors included in this Determination.

 

7 Statement of Compatibility with Human Rights

 

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires a Statement of Compatibility with Human Rights for all legislative instruments subject to disallowance under section 42 of the LIA. As mentioned above, this Determination is exempt from disallowance which means that a Statement of Compatibility with Human Rights is not required.

Overview

The Defence Force Retirement and Death Benefits (Surcharge Deduction Amount—Conversion Factors) Determination 2015 was enacted to address the need for updated conversion factors for calculating the surcharge deduction amount for members of the Defence Force Retirement and Death Benefits (DFRDB) scheme. This Determination was made under subsection 124A(1) of the Defence Force Retirement and Death Benefits Act 1973 (DFRDB Act) by the Commonwealth Superannuation Corporation (CSC), the statutory body responsible for administering the DFRDB Act. The purpose of this Determination is to provide the necessary conversion factors for calculating the reduction in benefits to discharge the surcharge deduction amount, replacing the outdated factors last provided by the Australian Government Actuary in 2003. The Determination applies to DFRDB benefits payable to or in respect of a member after its commencement date. Consultation was undertaken with the Australian Government Actuary to inform the updated conversion factors included in this Determination. Given that this Determination is exempt from disallowance, a Statement of Compatibility with Human Rights is not required.

Scope and Application

The Defence Force Retirement and Death Benefits (Surcharge Deduction Amount—Conversion Factors) Determination 2015 applies to members of the Defence Force Retirement and Death Benefits scheme who have a surcharge debt account in debit at the time a benefit becomes payable to or in respect of them. This Determination is made under subsection 124A(1) of the Defence Force Retirement and Death Benefits Act 1973 and is a legislative instrument for the purposes of section 5 of the Legislative Instruments Act 2003. However, as this Determination is an instrument relating to superannuation, it is exempted from disallowance by item 39 of the table in subsection 44(2) of the LIA. The conversion factors set out in this Determination replace any conversion factors previously determined under subsection 124(1) of the DFRDB Act and will be used to calculate, where necessary, the reduction in benefits to discharge the surcharge deduction amount for DFRDB benefits payable to or in respect of a member after the commencement date of this Determination.

Key Provisions

The Defence Force Retirement and Death Benefits (Surcharge Deduction Amount—Conversion Factors) Determination 2015 primarily operates under subsection 124A(1) of the Defence Force Retirement and Death Benefits Act 1973 (DFRDB Act). This Determination outlines the methodology for Commonwealth Superannuation Corporation (CSC) to calculate the surcharge deduction amount for members whose surcharge debt accounts are in debit when benefits become payable. Specifically, the Determination mandates that CSC use conversion factors provided by the Australian Government Actuary (AGA) to calculate the yearly amount that would discharge the surcharge deduction amount. These conversion factors are based on the member’s age when the benefit becomes payable and are intended to replace those determined in 2003. The Determination imposes specific obligations on CSC, the statutory body responsible for administering the DFRDB Act. CSC must determine the conversion factors that are to be applied to calculate the surcharge deduction amount for members. These conversion factors must be based on advice from the AGA and must be updated periodically to reflect changes in actuarial estimates and other relevant factors. The Determination also requires CSC to apply these conversion factors to DFRDB benefits payable to or in respect of members after the commencement date of this Determination. Additionally, the Determination repeals any previous conversion factors previously determined under subsection 124(1) of the DFRDB Act, replacing them with the new factors set out in this Determination. Breach of the provisions of this Determination can result in civil or administrative penalties. However, the Determination itself does not explicitly state the specific penalties for non-compliance. It is important to note that the Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA) and is exempt from disallowance. This means that while the Determination provides a framework for calculating surcharge deductions, any penalties for non-compliance would likely stem from the broader legislative framework under which the DFRDB Act operates, rather than from this Determination itself.

Legal classification tags

Area of Law
Defence Law
Instrument
Determination
Concepts
Commencement Provisions
Repeal & Amendment
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.