Superannuation Act 1976 (Interest) Determination No. 167 - Explanatory Statement
1 Name of Determination
This determination is the Superannuation Act 1976 (Interest) Determination No. 167.
2 Purpose and operation of instrument
Section 154A of the Superannuation Act 1976 provides that where, under any provision of this Act, interest is payable in respect of an amount, the interest must be calculated, and is payable, in accordance with a determination made by the CSS Board.
3 Principal Instrument
The principal instrument means the determination, as amended, in force by virtue of paragraph 154A(4)(b) of the Superannuation Act 1976. The principal instrument has been amended by consecutively numbered determinations.
4 Investment strategy choice
There are currently two different investment strategies available for the Commonwealth Superannuation Scheme (CSS): the Default Fund investment strategy or, since 1 December 2004, the Cash Option investment strategy for those people who switch to this investment strategy.
The current Default Fund daily compounding interest rate is set out in Schedule 2 to the principal instrument.
The current Cash Option daily compounding interest rate is set out in Schedule 3 to the principal instrument.
5 Interest rate determinations apply from the date specified
This determination amends Schedule 2 to the principal instrument by inserting a new Default Fund interest rate to apply from the date specified.
This determination amends Schedule 3 to the principal instrument by inserting a new Cash Option interest rate to apply from the date specified.
Overview
The Superannuation Act 1976 (Interest) Determination No. 167 was enacted to address the need for regular updates to the interest rates applied to the Commonwealth Superannuation Scheme (CSS). This determination is made under the authority of Section 154A of the Superannuation Act 1976, which mandates that interest payable on amounts under the Act must be calculated in accordance with determinations made by the CSS Board. The primary purpose of this instrument is to amend the daily compounding interest rates for the Default Fund and Cash Option investment strategies within the CSS, ensuring these rates are kept current. The determination reflects the CSS Board's policy objective to provide transparent and accurate interest calculations for superannuation fund members, thus maintaining the integrity and fairness of the scheme.
Scope and Application
The Superannuation Act 1976 (Interest) Determination No. 167 applies to the interest calculation requirements under the Superannuation Act 1976, specifically concerning the Commonwealth Superannuation Scheme (CSS). It sets the interest rates for the Default Fund and Cash Option investment strategies, as mandated by the Act. This determination is applicable to any person or entity that is a member of the CSS and falls within the Commonwealth jurisdiction. The interest rates specified in the determination are determined by the CSS Board and are applicable from the specified dates mentioned in the schedules of the determination. It is important to note that these rates are set in accordance with the statutory requirements outlined in the Superannuation Act 1976 and are subject to change with each new determination. This instrument is a subordinate piece of legislation that extends the application of the principal Superannuation Act by providing specific details on interest rates for the CSS.
Key Provisions
The Superannuation Act 1976 (Interest) Determination No. 167 outlines the interest rates applicable under the Superannuation Act 1976 for the Commonwealth Superannuation Scheme (CSS). Section 154A of the Superannuation Act 1976 mandates that interest rates for amounts payable under the Act must be calculated according to a determination made by the CSS Board. This determination, No. 167, specifies the interest rates applicable to the Default Fund and the Cash Option investment strategies within the CSS. The Default Fund interest rate is detailed in Schedule 2, and the Cash Option interest rate is detailed in Schedule 3. These interest rates are to be applied from the date specified in the determination.
The obligations imposed by this determination on the CSS Board include ensuring that interest on superannuation amounts is calculated correctly and paid in accordance with the specified rates. The CSS Board is responsible for amending the interest rates as necessary and publishing these changes in a timely manner to ensure that members of the CSS are aware of the rates that apply to their superannuation balances. The determination also requires the Board to maintain and update the schedules to reflect any changes in the interest rates for both the Default Fund and the Cash Option.
Failure to comply with the interest rate determinations could result in financial discrepancies for CSS members, potentially leading to legal challenges or disputes. While the determination itself does not specify particular offences, penalties, or civil/criminal consequences for non-compliance, breaches of the Superannuation Act 1976 or its regulations may incur penalties. Such penalties could include fines, corrective actions, or legal proceedings to rectify any financial misstatements or underpayments. The specific penalties would depend on the nature and extent of the non-compliance and would be determined under the broader provisions of the Superannuation Act 1976.