Defence Force (Superannuation Interim Arrangement) Determination (Amendment) (No. 3 of 1992)

Administered by Department of Defence

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Defence Act 1903

 

 

 

Determination No 3 of 1992 under Section 52 of the

 

Defence Act 1903

 

 

I, Gordon Neil BILNEY, the Minister of State for Defence Science and Personnel,

hereby make the following Determination under section 52 of the Defence Act 1903.

 

 

 

Dated     This eighteenth day of July  1992

 

 

     Gordon Bilney

 

   Minister of State for Defence Science and Personnel

 

 ________________________________________

 

  1. Amendment

 

1.1          The Defence Force (Superannuation Interim Arrangement) Determination is amended as set out in this Determination.

 

2.  Title

 

2.1  Omit "(Superannuation Interim Arrangement)", substitute "(Superannuation) (Productivity Benefit)".

 

3.  Clause 3 (Interpretation)

 

3.1  Omit definition of "authorised person", substitute:

 

"’Commissioner’ means the person who for the time being:

 

(a)       holds the office of; or

 

(b)      is acting as;

 

Commissioner for Superannuation under Part II of the Superannuation Act 1976;".

 

4.    Clause 4(Non-effective service)

 

4.1  Subclause (1):

After "a period", insert "exceeding 21 consecutive days".

 

 

 

2

 

 

4.2  Subclause (2):

After paragraph (a), insert:

 

"and (aa) the period exceeded 21 consecutive days; and".

 

4.3  Subclause (3):

After paragraph (a), insert:

 

"and (aa) the period for which the member was in custody awaiting or undergoing trial

  exceeded 21 consecutive days; and".

 

5.  Clause 6(When benefit payable)

 

5.1  Subclause (2):

Omit the subclause, substitute:

 

"(2) Where on a member's retirement, a productivity benefit is payable in respect of the person and:

 

(a)  the person:

 

(i)       has reached the age of 55 years and has retired from the workforce;

 or

 

(ii)     has not reached the age of 55 years and is retired from the

workforce on the ground of permanent incapacity or permanent invalidity; or

 

(iii)  is about to leave Australia permanently; or

                         

 (b) the amount of the benefit is an amount to which the preservation standards

 set out in the Occupational Superannuation Standards Regulations do not

apply;

 

the benefit is payable to the person at the time when the benefit becomes payable in respect of the person.

 

"(2A) A benefit is not payable to a person in the circumstances described in

subparagraph (2)(a)(ii) unless the Commissioner is satisfied that the person is unlikely ever to be able to work again in employment for which the person is reasonably

qualified by education, training or experience or for which the person could reasonably be qualified after retraining.

 

"(2B) In making a decision under subclause (2A), the Commissioner is to have regard to at least 2 certificates, each signed by a registered medical practitioner, giving the

opinion of the practitioner of the likelihood of the person being ever be able to work

again in employment for which the person is reasonably qualified by education, training or experience or for which the person could reasonably be qualified after retraining.".

 

 

 

3

 

 

 

5.2                    Subclause (3):

Omit the subclause.

 

5.3                    Subclause (5):

Omit the subclause.

 

5.4  Subclause (6):

Omit "otherwise than in the circumstances mentioned in subclause (2), (4) or (5)", substitute "and is not payable under subclause (2) or (4)".

 

5.5  Subclause (7):

Omit "an authorised person", substitute "the Commissioner".

 

5.6  Subclause (8):

Omit "An authorised person", substitute "The Commissioner".

 

6.  Clause 8A (Amount of productivity benefit after 1988)

 

6.1                    Subclause (4):

Omit "effective".

 

6.2                    Subclause (5):

Omit "effective".

 

7.  New clause 8C

 

7.1  After clause 8B, insert:

 

Interest payable where payment of benefit delayed

 

"8C. (1) Where a productivity benefit is payable to a person and the payment of the

benefit is delayed, the Commissioner may, in accordance with this clause, approve an increase, by an amount of interest, in the amount of the benefit payable to the person.

 

"(2) Interest applicable under this clause is calculated in such manner as the Commissioner determines in respect of the period of the delay.".

 

8.  Other amendments

 

8.1  The Determination is amended as set out in the Schedule.

 

      _______________________________________

 

 

4

 

SCHEDULE

 

OTHER AMENDMENTS

 

1.  Clause 1

 

1.1  Omit "(Superannuation Interim Arrangement)", substitute "(Superannuation)

(Productivity Benefit)".

 

2.  Clause 3

 

2.1  Subclause (1):

Omit definition of "interim benefit".

 

2.2  Subclause (1):

After definition of "pay period", insert:

 

"’productivity benefit' means a productivity superannuation benefit payable in

accordance with this Determination;".

 

3.  Clause 6

 

3.1  Subclause (6):

Omit paragraph (a), substitute:

 

"(a) the person has attained the age of 55 years and has retired from the workforce;".

 

4.  General amendments

 

4.1                    In each of the following provisions, omit "interim", substitute "productivity":

 

  Subclause  8(2)  Subclause  8A(2)

 8(3)   8A(3)

 8(4)  8A(4)

 8(5)  8A(5)

 

4.2  In each of the following provisions, omit "An interim", substitute "A productivity":

 

 Clause  5   Subclause  7(2)

 Subclause  6(7)  Clause  9

 7(1)

 

4.3  In each of the following provisions, omit "an interim", substitute "a productivity":

 

 Subclause  6(1)  Subclause  6(6)

 6(2)  6(8)

 6(4)  Clause  8B

 6(5)  10

 

4.4                    Omit from clause 10 "that interim", substitute "that productivity".

                                       __________________________________________

 

Overview

The Defence Act 1903 was enacted to establish the legal framework for the Australian Defence Force, addressing the need for a structured and regulated military force. This Act serves as the foundational legislation for the governance and operation of the Defence Force. The Defence Force (Superannuation) (Productivity Benefit) Determination No 3 of 1992, made by Gordon Bilney, the Minister of State for Defence Science and Personnel, amends the Defence Force (Superannuation Interim Arrangement) Determination to address changes in superannuation arrangements. The primary policy objective of this Determination is to adjust the superannuation benefits to reflect the transition from interim arrangements to a more permanent structure, ensuring that the Defence Force members receive appropriate benefits based on productivity. The amendments include changes to the definition of key terms, the conditions for non-effective service, and the criteria for the payment of productivity benefits, as well as the introduction of provisions for interest payable in cases of delayed benefit payments.

Scope and Application

The Defence Force (Superannuation) (Productivity Benefit) Determination, made under section 52 of the Defence Act 1903, applies to members of the Australian Defence Force who are eligible for a productivity benefit under this legislation. The Determination outlines the conditions under which such benefits are payable and introduces changes to the previous superannuation arrangements. It specifies that the Commissioner for Superannuation, as defined in the Superannuation Act 1976, is responsible for administering these benefits. The Determination modifies the eligibility criteria for non-effective service and retirement conditions, requiring a member to have been in custody for more than 21 consecutive days to be considered for non-effective service. Additionally, it stipulates that a productivity benefit is payable upon retirement if the member is at least 55 years old, has retired due to permanent incapacity or invalidity, or is leaving Australia permanently. The Commissioner's approval is required for payments if retirement is due to permanent incapacity or invalidity, and this approval must be based on medical certificates. The Determination also includes provisions for interest payable if the benefit payment is delayed. The amendments are effective nationally and cover all Defence Force members governed by the Defence Act 1903.

Key Provisions

The main sections of this Determination amend the Defence Force (Superannuation Interim Arrangement) Determination, altering its title and various provisions to reflect a shift from an interim arrangement to a productivity benefit arrangement. Clause 3 redefines the term "Commissioner" to mean the person holding or acting in the office of Commissioner for Superannuation under Part II of the Superannuation Act 1976. Clause 4 modifies the definition of "non-effective service" to specify that it applies to periods exceeding 21 consecutive days. Clause 6 sets out the conditions under which a productivity benefit is payable upon retirement, specifying scenarios such as reaching the age of 55 and retiring from the workforce or retiring due to permanent incapacity. It also outlines that the Commissioner must be satisfied, based on medical certificates, that the retiree is unlikely to work again. The obligations imposed by this Determination require the Commissioner to approve productivity benefits in accordance with the outlined conditions and to consider medical opinions when assessing the likelihood of future employment for those retiring due to permanent incapacity. Additionally, the Commissioner is responsible for determining the calculation of interest on delayed payments of productivity benefits. The amendments also mandate that the term "productivity benefit" replace "interim benefit" throughout the Determination, reflecting the permanent nature of the new arrangement. Breaches of the provisions set out in this Determination may result in civil or administrative consequences, although the specific penalties are not detailed within the text. The Determination does not explicitly state criminal penalties but implies that failure to comply with the terms could lead to legal repercussions. The Commissioner’s role in approving benefits and determining interest on delayed payments suggests a regulatory oversight that, if not adhered to, might attract enforcement actions from relevant authorities.

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