Military Superannuation and Benefits (Eligible Member) Declaration 1999 1999 No. 65
EXPLANATORY STATEMENT STATUTORY RULES 1999 No. 65
ISSUED BY THE AUTHORITY OF THE MINISTER FOR VETERAN'S AFFAIRS AND MINISTER ASSISTING MINISTER FOR DEFENCE
MILITARY SUPERANNUATION AND BENEFITS ACT 1991
MILITARY SUPERANNUATION AND BENEFITS (ELIGIBLE MEMBER) DECLARATION 1999
The Military Superannuation and Benefits Act 1991 ('the Act') makes provision m 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 are 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.
The purpose of this Declaration is to declare a person as an eligible member if they are included m certain specified employments where they have reached a specified rank. The employment categories covered are the Army employment of Aircraft Structural Fitter and the Air Forces employments of Cook, General Hand and Metal Machinist.
It is also the purpose of this Declaration to enable the deletion of two existing specified employment categories. These employment categories are the Navy employment of Aviation - Observer and the Army employment of Equipment Painter. Members in these employment categories are now capable of being promoted to the specified ranks by the time they have completed fifteen years of continuous service.
This Declaration also consolidates all specified categories and eligible members as they exist in the present Military Superannuation and Benefits ("MSB") Declarations Nos 2, 4, 5, 7 and 8. This has been achieved by revoking the existing five Declarations and redeclaring all the existing specified categories and eligible members so that those members retain their eligibility.
Clause 1. Citation
This clause is formal. Clause 2. Commencement
The Declaration comes into operation on the date of gazettal.
Clause 3. Definition
This clause defines reference to the "Act".
Clause 4. Eligible members
This clause defines who is an eligible member for the purposes of this Declaration and emphasises that service m the employment category Radar Plot will be treated as eligible service for the employment category of Combat System Operator under this Declaration.
Clause 5. Revocation
This clause revokes MSB Declarations Nos 2, 4, 5, 7 and 8.
Schedule 1
Parts 1, 2 and 3
Each part of the Schedule lists the employment categories by Service (Navy, Army, Air Force), which were previously declared by the Declarations now revoked, but continue under this Declaration to be eligible specified categories.
Schedule 2
This Schedule lists the eligible members and the dates the members became eligible, who were previously declared by the Declarations now revoked.
Overview
The Military Superannuation and Benefits (Eligible Member) Declaration 1999 was enacted to address the need for certain members within specified employment categories to be recognised as eligible members for the purposes of the Military Superannuation and Benefits Act 1991. This legislative instrument was issued by the authority of the Minister for Veteran's Affairs and the Minister Assisting Minister for Defence, with a clear objective of ensuring that members in particular roles who have reached specified ranks are granted eligibility for the retention benefit, despite the lack of traditional opportunities for promotion within their employment categories. This Declaration also serves to consolidate and update the existing categories of eligible members and employment categories by revoking previous declarations and re-declaring the eligible members and categories under a single, updated framework, thereby ensuring continuity and clarity for those affected.
Scope and Application
The Military Superannuation and Benefits (Eligible Member) Declaration 1999 applies to members of the Military Superannuation and Benefits Scheme who are eligible to receive a retention benefit. This benefit is granted to officers and enlisted members who meet certain criteria, such as holding a specified rank or being in a particular employment category where promotion opportunities are limited. The Act defines an "eligible member" to include officers who hold a rank not lower than Major or equivalent, enlisted members who hold the rank of Sergeant or equivalent, or members declared by the Minister to be eligible. The Declaration specifically identifies certain employment categories within the Army and Air Force that qualify for eligibility, while also removing previous categories that are no longer applicable due to changes in promotion opportunities. This Declaration consolidates and updates the list of eligible members and categories, revoking previous declarations and ensuring continuity in eligibility. The scope of the Declaration is national, operating under the Military Superannuation and Benefits Act 1991, which applies across Australia. The Declaration comes into effect on the date of its gazettal and includes a schedule that lists the eligible employment categories and members, maintaining their eligibility under the new Declaration.
Key Provisions
The Military Superannuation and Benefits (Eligible Member) Declaration 1999 (the Declaration) is a legislative instrument made under the Military Superannuation and Benefits Act 1991 (the Act). It outlines who qualifies as an eligible member for the purposes of receiving a retention benefit under the Military Superannuation and Benefits Scheme. Section 30 of the Act defines an eligible member as someone who holds a certain rank or has been declared by the Minister to be eligible. The Declaration specifies additional ranks and employment categories that qualify as eligible, particularly focusing on certain roles within the Army, Navy, and Air Force.
The obligations imposed by the Declaration include ensuring that members who meet the specified criteria are recognised as eligible for the retention benefit. This means that for those in employment categories where promotion opportunities are limited, the Minister has the authority to declare them as eligible members. The Declaration also mandates the consolidation and continuation of eligibility for members who were previously covered under other revoked declarations. This includes the specification of particular employment categories and ranks, ensuring that these members retain their eligibility for the retention benefit.
Failure to comply with the provisions of the Declaration could result in members not receiving the retention benefit to which they are entitled. The Act itself does not specify particular offences, penalties, or consequences for non-compliance with the Declaration. However, the overarching legislation, the Military Superannuation and Benefits Act 1991, would apply in cases of non-compliance, potentially leading to administrative or legal repercussions. The specific consequences would depend on the nature and extent of the non-compliance and could involve corrective actions to ensure members receive the benefits they are entitled to under the Scheme.