Superannuation Act 1943

Legislation au C1943A00018 Not in force Act

Legislation content

SUPERANNUATION.

 

No. 18 of 1943.

An Act to amend the Superannuation Act 1922-1942.

[Assented to 29th March, 1943.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Superannuation Act 1943.

(2.) The Superannuation Act 1922–1942 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Superannuation Act 1922–1943.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Parts.

3. Section three of the Principal Act is amended by inserting after the words “Part IVb.—The Provident Account.” the words “Part IVc.—Williamstown Dockyard Employees.”.

Scale of units of pension.

4. Section thirteen of the Principal Act is amended by inserting after sub-section (4a.) the following sub-sections:—

“(4b.) Where, prior to the date of commencement of this sub-section, a contributor was contributing a sum which would provide units of pension less than the number of units of pension specified in column two of the scale contained in sub-section (1.) of this section opposite to the salary-group within which the salary of the contributor fell at that date, the contributor may, within the prescribed time, elect to increase the amount of his contribution to a sum which will provide units of pension not exceeding the number specified in column


two of the scale contained in sub-section (1.) of this section opposite to the salary-group in which his salary fell at the date of commencement of this sub-section:

Provided that the election shall not have effect unless, within the prescribed time, the contributor satisfies the Board that he is not suffering from any physical or mental defect likely to render him incapable of performing his duties before attaining the maximum age of retirement.

“(4c.) Any increased contribution payable in pursuance of the last preceding sub-section shall be payable as from the date of the election:

Provided that, where the date from which any increased contribution is payable is not a pay-day, the increased contribution shall be payable as from the next following pay-day.”.

5. After Part IVb. of the Principal Act the following Part is inserted:—

“Part IVc.—Williamstown Dockyard Employees.

Definitions.

“60af. In this Part, unless the contrary intention appears—

‘the Melbourne Harbor Trust Superannuation Regulations 1927–1940’ means the Melbourne Harbor Trust Superannuation Regulations 1927–1940 in force under the Melbourne Harbor Trust Acts of the State of Victoria;

‘the Trust’ means The Melbourne Harbor Trust Commissioners constituted under the Melbourne Harbor Trust Acts of the State of Victoria;

‘transferred dockyard employee’ means a person who was, immediately prior to the twenty-eighth day of October, One thousand nine hundred and forty-two, employed by the Trust in or in connexion with the Williamstown Dockyard and became on that date employed by the Commonwealth.

Superannuation rights and obligations of former employees of Williamstown Dockyard.

“60ag.—(1.) Where a transferred dockyard employee had, immediately prior to the twenty-eighth day of October, One thousand nine hundred and forty-two, not less than five years’ continuous service with the Trust and was contributing under the Melbourne Harbor Trust Superannuation Regulations 1927–1940, he may, within three months after the commencement of this section, request the Treasurer to permit him to contribute to the fund as from the twenty-eighth day of October, One thousand nine hundred and forty-two.

“(2.) Where such a request is made, the Treasurer may, in his discretion, by notice published in the Gazette, direct that the transferred dockyard employee shall be deemed to be, and to have been from and including that date, an employee within the meaning of section four of this Act, and the transferred dockyard employee shall be deemed to be, and to have been from and including that date, such an employee.


“(3.) Where, in respect of a transferred dockyard employee, a notice has not been published in the Gazette under the last preceding sub-section, the Treasurer may—

(a) if the transferred dockyard employee has had not less than five years’ continuous service with the Trust or partly with the Trust and partly with the Commonwealth; and

(b) if the Secretary, Department of the Navy, or, on appeal from him, the Treasurer, certifies that the transferred dockyard employee’s employment is likely to be continued for an indefinite period,

by notice published in the Gazette, direct that the transferred dockyard employee shall be deemed to be an employee within the meaning of section four of this Act, and the transferred dockyard employee shall be deemed to be such an employee as from the publication of the notice and shall commence contributing to the fund on the payday next following the publication of the notice.

“(4.) Notwithstanding the provisions of section four b of this Act, a transferred dockyard employee who, by virtue of sub-section (2.) of this section, is deemed to be an employee within the meaning of section four of this Act, shall be liable to make, and shall be deemed to have been, as from the next pay-day after the twenty-eighth day of October, One thousand nine hundred and forty-two, liable to make, contributions to the fund in respect of units of pension to a number equal to the number of units of pension for which he was, immediately prior to that date, contributing under the Melbourne Harbor Trust Superannuation Regulations 1927–1940.

“(5.) The contributions so payable shall be in accordance with Schedule I. to this Act, but the amount of contribution payable in respect of each unit—

(a) shall be the amount of contribution prescribed for the age of that transferred dockyard employee at the time when he commenced to contribute for the corresponding unit under the Melbourne Harbor Trust Superannuation Regulations 1927–1940; or

(b) if he was contributing for the unit at the rate prescribed for the age of thirty, shall be the amount of contribution prescribed for that age.

“(6.) Nothing in sub-section (4.) of this section shall affect the obligation of any such transferred dockyard employee to contribute, or the right of any such transferred dockyard employee to elect to contribute, for additional units of pension in accordance with the provisions of this Act.

Service under Trust to be counted as service under Commonwealth.

“60ah. In the application of this Act to a transferred dockyard employee who, by virtue of sub-section (2.) or (3.) of the last preceding section, is deemed to be an employee within the meaning of section four of this Act, service of that transferred dockyard employee under the Trust which is continuous with his service under the Commonwealth shall be deemed to be service under the Commonwealth.


Payments on retrenchment, resignation, dismissal or discharge.

“60aj.—(1.) In the application of section thirty-nine of this Act to a transferred dockyard employee who, by virtue of sub-section (2.) of section sixty ag of this Act, is deemed to be an employee within the meaning of section four of this Act—

(a) contributions made by that transferred dockyard employee under the Melbourne Harbor Trust Superannuation Regulations 1927–1940 shall be deemed to be contributions made by him to the fund; and

(b) the period during which that transferred dockyard employee was contributing under those Regulations shall be taken into account as if it were a period during which he was contributing to the fund.

“(2.) In the application of section forty of this Act to a transferred dockyard employee who, by virtue of sub-section (2.) of section sixty ag of this Act, is deemed to be an employee within the meaning of section four of this Act, contributions paid by that transferred dockyard employee under the Melbourne Harbor Trust Superannuation Regulations 1927–1940 shall be deemed to be contributions paid by him under this Act.

Certain amounts to be paid by Commonwealth to fund.

“60ak. Where any transferred dockyard employee who, by virtue of sub-section (2.) of section sixty ag of this Act, is deemed to be an employee within the meaning of section four of this Act, is retired before the twenty-eighth day of October, One thousand nine hundred and forty-nine, on the ground of invalidity or physical or mental incapacity to perform his duties or dies before that date, any pension payable to or in respect of that transferred dockyard employee under this Act shall be paid from the fund and the Commonwealth shall pay to the fund the amount by which the proportion of the pension equivalent to the contributions made by or in respect of the transferred dockyard employee is less than the amount of the pension and the Consolidated Revenue Fund is, to the necessary extent, hereby appropriated accordingly.

Increased contributions by Commonwealth.

“60al. Where any pension becomes payable to, or in respect of, a transferred dockyard employee who, by virtue of sub-section (2.) of section sixty ag of this Act, was deemed to be an employee within the meaning of section four of this Act, any payment which the Commonwealth is required by section eighteen or nineteen of this Act to pay to the fund in respect of that transferred dockyard employee shall be increased by such amount as the actuarial member of the Board certifies to be necessary by reason of that transferred dockyard employee having made contributions at rates less than the rates specified in Schedule V. to this Act.

Amounts received in respect of past contributions to be paid into the fund.

“60am. Any amount received by the Board in respect of contributions made under the Melbourne Harbor Trust Superannuation Regulations 1927–1940 by transferred dockyard employees who, by virtue of sub-section (2.) of section sixty ag of this Act, are deemed to be employees within the meaning of section four of this Act, shall be paid into and form part of the fund.”.

Overview

The Superannuation Act 1943 was enacted by the Parliament of Australia to amend the Superannuation Act 1922-1942. This Act was introduced to address the issue of superannuation rights for employees who were transferred from the Melbourne Harbor Trust to the Commonwealth, specifically those employed at the Williamstown Dockyard. The policy objective was to ensure that these employees would have their superannuation contributions and service recognised under the new Act, thereby providing them with a consistent superannuation scheme. The Act allows eligible transferred employees to elect to increase their contributions and ensures their prior service is counted towards their Commonwealth superannuation, thereby maintaining their accrued benefits. The Superannuation Act 1943 provides mechanisms for the integration of superannuation arrangements for transferred dockyard employees, ensuring continuity in their superannuation entitlements. This was particularly important for employees who had accrued superannuation benefits under the previous arrangements and needed to transition smoothly into the new system. By recognising their prior service and allowing for increased contributions, the Act aimed to protect the superannuation rights of these employees, ensuring they were not disadvantaged by the change in employers.

Scope and Application

The Superannuation Act 1943 applies to individuals who were employed by the Melbourne Harbor Trust Commissioners (the Trust) in or in connection with the Williamstown Dockyard before October 28, 1942, and subsequently became employees of the Commonwealth on that date. These individuals are referred to as "transferred dockyard employees." The Act allows such employees to request their superannuation contributions to be transferred to the Commonwealth fund, and provides for the recognition of their prior service with the Trust as service under the Commonwealth. It also stipulates the terms for these employees to contribute to the superannuation fund from October 28, 1942, and outlines the conditions under which the Treasurer may deem them as Commonwealth employees. The Act’s provisions extend to the payment of pensions, with certain amounts to be paid by the Commonwealth to the superannuation fund and increased contributions being payable by the Commonwealth for certain employees. The Act’s application is subject to specific conditions and thresholds, such as the requirement of not less than five years' continuous service with the Trust and the discretion of the Treasurer in granting requests. The Act operates within the Commonwealth jurisdiction and its application may be extended or restricted through subordinate instruments.

Key Provisions

The Superannuation Act 1943 primarily amends the existing Superannuation Act 1922–1942, focusing on the superannuation rights and obligations of employees who were transferred from the Melbourne Harbor Trust to Commonwealth employment, specifically those working at the Williamstown Dockyard. The Act introduces new provisions to accommodate these employees and ensure continuity in their superannuation benefits. The main operative sections, such as sections 4b and 4c, allow eligible employees to elect to increase their pension contributions to align with the new scale of units of pension, provided they are deemed fit for duty by the relevant authorities. This is particularly relevant for employees who had lower contributions under the previous superannuation scheme. The Act imposes specific obligations on the parties involved, primarily the transferred dockyard employees and the Commonwealth. Employees who had been contributing under the Melbourne Harbor Trust Superannuation Regulations 1927–1940 and had at least five years of continuous service with the Trust can request to continue contributing to the Commonwealth superannuation fund. The Commonwealth, in turn, has the discretion to deem these employees as its own, effective from a specified date, and requires them to contribute to the fund from that point onwards. Furthermore, the Act mandates that any prior service under the Trust is considered as service under the Commonwealth for superannuation purposes. Failure to comply with the provisions of the Superannuation Act 1943 can result in civil consequences. For instance, if a transferred dockyard employee does not make the required contributions or fails to meet the fitness criteria, they may not be eligible for the benefits they would have accrued under the new scheme. Similarly, the Commonwealth must ensure that it meets its obligations, such as increasing payments to the fund for certain employees or paying amounts received for past contributions into the fund. Non-compliance by the Commonwealth could lead to financial discrepancies and affect the validity of pension payments. While the Act does not explicitly state criminal or civil penalties for breach, the implications of non-compliance could be significant, affecting the legal rights and entitlements of the employees involved.

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Employee Benefits Law
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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.