Military Superannuation and Benefits Declaration No. 4

Legislation au C2004L05392 Not in force Legislative Instrument

Select Document

Military Superannuation and Benefits Declaration No. 4 1995 No. 280

EXPLANATORY STATEMENT STATUTORY RULES 1995 No. 280

ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL

MILITARY SUPERANNUATION AND BENEFITS ACT 1991

MILITARY SUPERANNUATION AND BENEFITS DECLARATION No. 4

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 to their 20 year point An "eligible member" is defined in section 30 of the Act to include: an officer who holds the 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.

Members who fail to satisfy the minimum rank requirement and me in employment categories where the normal opportunities for promotion do not exist have been declared to be eligible members by the Minister. These employment categories, referred to as specified categories, are listed in the Minister's declarations.

One of the purposes of this Declaration is to enable the deletion of Certain employment categories which were included in the first Military Superannuation and Benefits Declaration (Statutory Rules 1993 No. 142) and Military Superannuation and Benefits Declaration (No. 3) (Statutory Rules 1994 No. 278) but no longer satisfy the specified category eligibility criteria. This has been achieved by revoking those Declarations and making a consolidated Declaration to provide eligibility for members in employment categories which continue to meet the specified category eligibility criteria. The new Declaration also ensures that members in revoked categories who have become eligible to receive the retention benefit will retain their eligibility.

The other purpose of this Declaration is to declare as eligible members three members of the Scheme who have not reached the required rank but satisfy the eligibility criteria applicable under a special grouping labelled the Inter Employment Category. The Inter Employment Category is unusual in that it is not a specific employment group within the Defence Force. It covers individual Defence Force members who have not reached the required rank for eligibility, have been transferred out of their normal employment groups as a result of Defence Force restructuring, and would have been promoted to the required rank for retention benefit eligibility by the time they had served for 15 years had they not been transferred.

Clause 1. Citation This clause is formal.

Clause 2. Interpretation

This clause defines references to the "Act". Clause 3. Eligible members

This clause defines who is an eligible member for the purposes of the Declaration. Subclause 3(1)

This subclause provides that persons who am described in subclauses 3(2), 3(3) and 3(4) are declared to be eligible members from the date the Declaration takes effect.

Subclause 3(2)

This subclause provides for persons in employment categories listed in the Schedule to be eligible members.

Subclause 3(3)

This subclause provides for persons m the Army employment category of Radiographer who are not officers to be eligible members.

Subclause 3(4)

This subclause lists the name, rank, and service number of the three Inter Employment Category members and provides for them to be eligible members.

Subclause 3(5)

This subclause provides that persons who were eligible members under revoked Declarations, and are in the employment categories described in sub-clauses 3(2) and 3(3), cannot be eligible members under this Declaration also. This is to avoid a double benefit.

Clause 4

This clause revokes the two Declarations which established specified categories. It also ensures that persons who were eligible members under those Declarations, and are in employment categories which continue to be specified categories in accordance with this Declaration or have already become eligible to receive the retention benefit, do not cease to be eligible members because of the revocations.

Subclause 4(1)

This subclause revokes the first Military Superannuation and Benefits Declaration (Statutory Rules 1993 No. 142) and the Military Superannuation and Benefits Declaration (No. 3) (Statutory Rules 1994 No. 278) with effect from the date this Declaration takes effect.

Subclause 4(2)

This subclause ensures that

(a) persons who were eligible members under the revoked Declarations and are in the employment categories described in subclauses 3(2) and 3(3), do not cease to be eligible members by virtue of those Declarations having been revoked; and

(b) persons who were eligible to receive the retention benefit by virtue of being eligible members under the revoked Declarations do not cease to be eligible members because of those revocations.

Schedule

The Schedule lists the employment categories of the persons who are eligible members under subclause 3(2).

Commencement

The Declaration comes into operation on the date of gazettal.

Overview

The Military Superannuation and Benefits Declaration No. 4 1995 was enacted to amend the eligibility criteria for the retention benefit under the Military Superannuation and Benefits Act 1991. This Act was introduced to address the need for incentivising members of the Military Superannuation and Benefits Scheme to continue their service beyond 15 years of continuous eligible service, up to the 20-year mark. The Declaration is issued by the authority of the Minister for Defence Science and Personnel and aims to refine the categories of eligible members, ensuring that only those who meet the specified criteria are eligible for the retention benefit. This includes revising the list of eligible employment categories and ensuring that certain members who were previously eligible but fell out of the specified categories due to restructuring are still recognised for their eligibility. The overall policy objective is to maintain a stable and experienced Defence Force by encouraging long-term service among eligible members.

Scope and Application

The Military Superannuation and Benefits Declaration No. 4 1995, under the Military Superannuation and Benefits Act 1991, specifies the criteria and categories of eligible members who qualify for a retention benefit under the Military Superannuation and Benefits Scheme. This benefit is available to eligible members who have completed 15 years of continuous eligible service, with the aim of encouraging them to continue serving for another 5 years. Eligible members include officers holding the rank of Major or equivalent, enlisted members holding the rank of Sergeant or equivalent, or those specifically declared by the Minister as eligible members. Notably, the Minister has the discretion to declare members in certain employment categories as eligible, even if they do not meet the minimum rank requirement, particularly in cases where opportunities for promotion are limited. This Declaration consolidates and updates the eligibility criteria by revoking previous declarations and ensuring that certain categories of members retain their eligibility for the retention benefit. This includes members from specified employment categories who continue to meet the criteria and those who were eligible under previous declarations but have already become eligible to receive the benefit. The Declaration also ensures that members who were previously eligible under revoked declarations and have become eligible to receive the retention benefit will retain their eligibility.

Key Provisions

The Military Superannuation and Benefits Declaration No. 4 (C2004L05392) primarily serves to amend eligibility criteria for the retention benefit under the Military Superannuation and Benefits Act 1991 (the "Act"). This Declaration is designed to update the categories of members who qualify for the retention benefit, which is intended to encourage members to extend their service up to 20 years. According to section 30 of the Act, an "eligible member" includes officers holding a rank of Major or above, enlisted members holding a rank of Sergeant or above, or those declared by the Minister to be eligible. Section 3 of the Declaration further clarifies that certain employment categories and individual members, as specified, are eligible for the benefit. The Declaration imposes specific obligations on the parties involved, particularly the Minister and the Defence Force personnel. The Minister's role includes the declaration of eligible members and the identification of employment categories that meet the criteria for specified categories. The eligible members, once declared, must continue to meet the service requirements to retain their eligibility for the benefit. Additionally, the Declaration ensures that members who were previously eligible under now-revoked Declarations retain their eligibility if they meet the new criteria. Breaches of the provisions set forth in the Declaration could lead to civil or administrative penalties. Although the specific penalties are not detailed in the Declaration, under the general provisions of the Act, penalties for non-compliance could include fines or other administrative sanctions. The precise nature and extent of these penalties would be governed by the broader legislative framework of the Military Superannuation and Benefits Act 1991. The Declaration aims to ensure that the integrity of the retention benefit scheme is maintained, and any deviation from the specified eligibility criteria could result in loss of entitlement to the benefit.

Area of Law: Military Law
Instrument: Statutory Instrument
Concepts: Definitions & Interpretation; Repeal & Amendment; Reporting & Disclosure Obligations; Regulatory Standards

Interactions

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.

Legislation content