Superannuation Act 1945

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SUPERANNUATION.

No. 15 of 1945.

An Act to amend the Superannuation Act 1922–1943.

[Assented to 3rd August, 1945.]

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 1945.

(2.) The Superannuation Act 1922–1943 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 1922–1945.

Commencement.

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

Interpretation.

3. Section four of the Principal Act is amended by omitting from paragraph (c) of sub-section (5.), and from sub-section (6.), the words “an indefinite period” and inserting in their stead the words “a period of at least ten years”.

Medical examination of employees.

4. Section four b of the Principal Act is amended by omitting the word “appointment” (first occurring) and inserting in its stead the words “becoming an employee, or within such period thereafter as the Board allows”.

5. After section four b of the Principal Act the following section is inserted:—

Married women not to be contributors.

“4c.—(1.) A married woman who becomes an employee after the commencement of this section shall not be entitled or required to contribute to the Fund or to the Provident Account.

“(2.) A female employee who marries after the commencement of this section shall, for the purposes of this Act, be deemed to have resigned on the date of her marriage.”.

Scale of units of pension.

6. Section thirteen of the Principal Act is amended—

(a) by inserting in the proviso to paragraph (c) of sub-section (4.), after the word “defect”, the words “(not being a defect which, in the opinion of the Board, is the result of the service of the contributor as a member of the Forces as defined by sub-section (2.) of section eighty c of this Act)”; and

(b) by omitting from the proviso to sub-section (4b.) the word “of” (last occurring) and inserting in its stead the word “for”.

7. Section forty-one of the Principal Act is repealed and the following section inserted in its stead:—

Desertion by pensioner of wife or child.

“41.—(1.) Where a pensioner deserts his wife or leaves her without means of support, the wife may, from time to time, apply to a court of summary jurisdiction constituted by a Police, Stipendiary or Special Magistrate, and, on proof that the wife has been deserted or left without means of support, the court may order the payment, during such period as it thinks desirable, of pension in accordance with section thirty-two of this Act as if the pensioner were dead.

“(2.) Where a pensioner whose wife is dead or divorced deserts, or leaves without means of support, any of his children who are dependent on him, the guardian of the children, or the Board, may, from time to time, apply to a court of summary jurisdiction constituted by a Police, Stipendiary or Special Magistrate, and, on proof that any child of the pensioner who is dependent on him has been deserted or left without means of support, the court may order the payment, during such period as it thinks desirable, of pension in accordance with section thirty-three of this Act as if the pensioner were dead.

“(3.) The Board shall comply with any order made under this section and the amount of the pension payable to the pensioner shall be reduced by the amount of the pension payable in pursuance of the order of the court.”.

Pensioner restored to health may be recalled to service.

8. Section fifty of the Principal Act is amended by omitting from sub-section (1.), and from paragraph (a) of sub-section (4.), the words “his duties” and inserting in their stead the words “duties which, in the opinion of the Board, are suitable to be performed by the pensioner, having regard to the duties performed by him immediately prior to his retirement”.

Exchange of pension rights for equivalent Rights under this Act.

9. Section fifty-seven of the Principal Act is amended—

(a) by inserting after sub-section (1c.) the following sub-sections:—

“(1d.) Where, prior to the commencement of this sub-section, an employee has, in pursuance of sub-section (1.) of this section, transferred to the Board a right to a pension or superannuation allowance, and has received a grant of new rights of pension in respect of the transferred right, the employee may, within six months after the commencement of this sub-section, elect to receive, in lieu of those new rights, a grant by the Board of the following rights of pension under this Act:—

(a) a pension for himself on retirement equal to seventy-two and one half per centum of the pension which would have been payable to him on retirement if he had not transferred his right; and

(b) on his death—

(i) a pension for his widow equal to thirty-six and one quarter per centum of the pension which would have been payable to him if he had not transferred his right to the Board and had retired immediately prior to his death; and

(ii) a pension for each of his children who are under the age of sixteen years, at the rate of Thirteen pounds per annum, until the age of sixteen has been attained.

“(1e.) Where, at the commencement of this sub-section, a person is in receipt of a pension under this section and the amount of the pension is less than it would have been if it had been calculated in accordance with the last preceding sub-section, that pension shall, as from the commencement of this sub-section, be increased to an amount calculated in accordance with the last preceding sub-section, and the amount of any pension payable on his death for his widow or children, or for both, shall be calculated in accordance with the last preceding sub-section.”; and

(b) by omitting from sub-section (3.) the words “any agreement under”.

Deferred pay.

10. Section sixty l of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “to an officer or to the widow or children of an officer, the officer or his widow or children” and inserting in their stead the words “to an officer or employee or to the widow or children of an officer or employee, the officer or employee or the widow or children of the officer or employee”;

(b) by inserting in sub-section (2.), after the word “officer” (wherever occurring), the words “or employee”; and

“(3.) Any reference in the preceding provisions of this section to any payment in the nature of deferred pay shall not include any such payment payable to a commissioned warrant officer, or to his widow or children, in respect of his service as a commissioned warrant officer of the Permanent Air Force prior to the second day of November, One thousand nine hundred and forty-two.”.

Partial Incapacity.

11. Section sixty o of the Principal Act is amended by omitting from sub-section (2a.) the words “the last preceding sub-section” and inserting in their stead the words “sub-section (2.) of this section”.

Acceptance of election outside prescribed period.

12. Section seventy-six a of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “after the expiration” and inserting in their stead the words “before the commencement, or after the expiration,”;

(b) by omitting from that sub-section the words “before the expiration of” and inserting in their stead the word “within”; and

(c) by omitting from sub-section (2.) the words “of an election under the last preceding sub-section” and inserting in their stead the words “, under the last preceding sub-section, of an election made after the expiration of the prescribed period”.

Overview

The Superannuation Act 1945 was enacted by the Commonwealth Parliament to amend the existing Superannuation Act 1922–1943, addressing gaps and issues that had arisen over time. This legislation introduced several significant changes, including modifying the duration of employment required before superannuation benefits could be considered, altering the rules regarding medical examinations for employees, and introducing provisions to protect the superannuation rights of married women. Additionally, it established provisions for pension payments in cases of desertion by pensioners and outlined new rules for the exchange of pension rights. The Act also sought to streamline the process for deferring pension payments and addressed issues related to partial incapacity and the acceptance of elections outside the prescribed period. The policy objective was to ensure that the superannuation system was fair, equitable, and adequately protected the rights and benefits of employees and their families.

Scope and Application

The Superannuation Act 1945 amends the Superannuation Act 1922-1943 and applies to employees who become eligible for superannuation within the Commonwealth of Australia. The Act introduces several amendments, including changes to the duration of employment required for superannuation eligibility, the exemption of married women from contributing to the superannuation fund, and modifications to pension entitlements and payments. Notably, the Act allows for the exchange of pension rights for equivalent rights under the Act, provides for the payment of pensions to deserted spouses or dependent children, and adjusts the scale of pension units to exclude certain defects attributable to military service. It also provides for the recall of pensioners who recover from illness and expands the definition of beneficiaries for deferred pay to include employees and their dependants. The Act's provisions are enforced through the Superannuation Board, which has the authority to make rules and regulations to implement the Act's provisions.

Key Provisions

The Superannuation Act 1945 (C1945A00015) primarily serves to amend the Superannuation Act 1922–1943 (referred to as the Principal Act). The Act is structured with several key sections that alter existing provisions. Section 1 provides for the citation of the Act, with the Principal Act being referred to as the Superannuation Act 1922–1943 and the amended Act being referred to as the Superannuation Act 1922–1945. The Act came into operation upon receiving Royal Assent, as stated in Section 2. Section 3 amends the definition in the Principal Act, requiring that employees must be under the scheme for a minimum period of ten years, replacing the previous indefinite period. Section 4 modifies the medical examination requirements, extending the timeframe for when an employee must undergo a medical examination, now requiring it upon becoming an employee or within a period allowed by the Board. Additionally, Section 4c introduces a provision stating that married women who become employees after the commencement of this section are neither entitled nor required to contribute to the superannuation fund or provident account. A female employee who marries after the commencement of this section is deemed to have resigned for the purposes of the Act. The obligations imposed by the Act on employers and employees include ensuring that employees meet the new minimum service period requirement and that married women are not required to contribute to the superannuation fund. Employers must also comply with the amended medical examination provisions and the new rules regarding pension payments in cases of desertion by a pensioner. Section 41, for instance, mandates that the Board comply with any court orders regarding pension payments to deserted spouses or dependent children. In terms of penalties and consequences, Section 41 specifies that where a pensioner deserts his wife or leaves her without means of support, the wife may apply to a court of summary jurisdiction. If the court finds that the wife has been deserted or left without means of support, it can order the payment of pension as if the pensioner were deceased. Similarly, if a pensioner deserts or leaves without support any of his dependent children, the court can order pension payments. Failure to comply with such court orders can result in legal consequences, including the reduction of the pension payable to the pensioner by the amount ordered by the court. Additionally, the Act introduces provisions for the exchange of pension rights, deferred pay, and partial incapacity. Section 57 allows employees who have transferred their pension rights to elect to receive new pension rights under the Act. Section 60L extends the benefits of deferred pay to employees in addition to officers, while Section 60O modifies the calculation of pension payments in cases of partial incapacity. Section 76A provides flexibility in the acceptance of elections outside the prescribed period.

Area of Law: Social Security Law
Instrument: Act
Concepts: Commencement Provisions; Reporting & Disclosure Obligations; Repeal & Amendment; Civil Penalty Provisions

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.

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