Military Superannuation and Benefits Declaration (No. 3) 1994 No. 278
EXPLANATORY STATEMENT STATUTORY RULES 1994 No. 278
ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
MILITARY SUPERANNUATION AND BENEFITS ACT 1991
MILITARY SUPERANNUATION AND BENEFITS DECLARATION (No. 3)
The Military Superannuation and Benefits Act 1991 ("the Act) makes provision in Part 8 for the payment of a retention benefit to certain members of the Military Superannuation and Benefits Scheme ("the Scheme") who have completed 15 years of continuous eligible service. The purpose of the benefit is to induce members to serve for another 5 years. An "eligible member" is defined in section 30 of the Act to include: an officer who holds a rank not lower than Major or equivalent (or who was previously an enlisted member), an enlisted member who holds the rank of Sergeant or equivalent; or a member declared by the Minister to be an eligible member. This last category was included in the Act to enable members to receive the benefit where they would not otherwise qualify (because they are in employment categories where the normal opportunities for promotion do not exist.)
The purpose of this Declaration is to declare as "eligible members" those Navy members in the Combat System Operator employment category.
Clause 1. Citation This clause is formal.
Clause 2. Commencement
This clause states the date from which the Declaration takes effect.
Clause 3. Interpretation
This clause defines references to the "Act".
Clause 4. Eligible members
This clause defines who is an eligible member for the purposes of this Declaration.
Clause 5. Transitional
This clauses emphasises that any Combat System Operator who had service in the Radar Plot employment category will have that service treated as eligible service for the purposes of being an eligible member under this Declaration.
Overview
The Military Superannuation and Benefits Declaration (No. 3) 1994 was enacted to address a specific gap in the Military Superannuation and Benefits Act 1991 by extending the eligibility criteria for the retention benefit within the Military Superannuation and Benefits Scheme. This Statutory Rule was issued under the authority of the Minister for Defence Science and Personnel and aims to ensure that certain members of the Navy, specifically those in the Combat System Operator employment category, are recognised as eligible members for the retention benefit. This measure was introduced to rectify an oversight where such members might not have qualified for the retention benefit despite completing 15 years of continuous eligible service. The policy objective is to incentivise continued service by providing a financial benefit to those who have served for a significant period and to ensure that the retention benefit is available to all eligible members, regardless of their specific employment category.
Scope and Application
The Military Superannuation and Benefits Declaration (No. 3) 1994 applies to certain members of the Military Superannuation and Benefits Scheme who have completed 15 years of continuous eligible service and seeks to provide a retention benefit to encourage continued service for another five years. This Declaration specifically targets Navy members in the Combat System Operator employment category, extending eligibility to those who would not otherwise qualify due to the lack of normal opportunities for promotion. The Act applies to individuals who are officers with a rank not lower than Major or equivalent, enlisted members with the rank of Sergeant or equivalent, or those declared by the Minister to be eligible members. The Declaration ensures that service in the Radar Plot employment category is treated as eligible service for those transitioning to the Combat System Operator category. The geographic and jurisdictional reach of the Act is national, applying across Australia, and it is implemented through subordinate instruments, such as this Declaration, which provides specific definitions and criteria for eligibility.
Key Provisions
The Military Superannuation and Benefits Declaration (No. 3) 1994 No. 278 operates under the Military Superannuation and Benefits Act 1991. The primary function of this legislation is to identify and declare certain members of the Military Superannuation and Benefits Scheme as "eligible members" for the purpose of receiving a retention benefit. Specifically, Section 4 of the Declaration identifies Navy members in the Combat System Operator employment category as eligible members (Section 4). This means that these members are entitled to the retention benefit if they meet the eligibility criteria under the Act, including completing 15 years of continuous eligible service.
The obligations imposed by the Act primarily focus on the eligibility criteria and service recognition for the retention benefit. Section 30 of the Act outlines the categories of eligible members, including officers of the rank of Major or equivalent, enlisted members of the rank of Sergeant or equivalent, and members declared by the Minister to be eligible. Section 4 of the Declaration further refines these criteria by specifically including Navy members in the Combat System Operator employment category. Additionally, Section 5 ensures that any service previously rendered by these members in the Radar Plot employment category is recognised as eligible service for the purposes of this Declaration.
Failure to comply with the provisions of the Act and the Declaration may result in civil or criminal consequences. Although the specific penalties are not detailed in the provided text, the overarching legislation under which this Declaration operates, the Military Superannuation and Benefits Act 1991, typically outlines penalties for non-compliance. These could include fines or other financial penalties for incorrect claims or fraudulent activity. Furthermore, in cases where the breach is deemed criminal, the penalties could include imprisonment, reflecting the seriousness with which the legislation regards the integrity of the superannuation and benefits scheme.