Superannuation Act 1976 (Interest) Determination No. 175

Administered by Department of Finance

Legislation au F2005L01801 Not in force Legislative Instrument

Legislation content

Superannuation Act 1976 (Interest) Determination No. 175 - Explanatory Statement

 

1 Name of Determination

 

  This determination is the Superannuation Act 1976 (Interest) Determination No. 175. 

 

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. 175 was enacted to address the need for regular updates to the interest rates applicable to the Commonwealth Superannuation Scheme (CSS). This determination, introduced by the CSS Board under the authority granted by Section 154A of the Superannuation Act 1976, sets the daily compounding interest rates for both the Default Fund and the Cash Option, the two investment strategies available to CSS members. The primary objective of this instrument is to ensure that the interest rates applied to superannuation balances are updated periodically in accordance with the economic conditions, thereby maintaining the integrity and value of the superannuation savings. This determination is instrumental in aligning the interest rates with current financial market conditions, providing certainty and fairness to CSS members regarding the returns on their superannuation investments.

Scope and Application

The Superannuation Act 1976 (Interest) Determination No. 175 applies to the calculation and payment of interest under the Superannuation Act 1976 for the Commonwealth Superannuation Scheme (CSS). It is designed to ensure that interest on amounts payable under the Act is calculated and paid in accordance with the determinations made by the CSS Board. This determination specifically affects individuals and entities who are participants in the CSS, including those who have chosen the Default Fund or Cash Option investment strategies. The determination is applicable across the Commonwealth, meaning it has a national jurisdictional reach. The determination amends the interest rates for the Default Fund and Cash Option investment strategies as outlined in Schedules 2 and 3 of the principal instrument, respectively, and these changes are effective from the date specified in the determination. The Act does not specify exclusions or exemptions, but the application may be further extended or restricted through subordinate instruments made by the CSS Board.

Key Provisions

The Superannuation Act 1976 (Interest) Determination No. 175 specifies how interest is to be calculated and paid under the Superannuation Act 1976, particularly for the Commonwealth Superannuation Scheme (CSS) (s. 154A). The CSS offers two investment strategies: the Default Fund and the Cash Option, both of which have their respective daily compounding interest rates outlined in the determination (Schedules 2 and 3). This determination adjusts these rates from a specified date, indicating the rates at which interest will be calculated for contributions and benefits under the CSS. Under this determination, the CSS Board is responsible for setting the interest rates applicable to the Default Fund and the Cash Option. These rates are critical as they determine the growth of superannuation funds, directly impacting the retirement savings of individuals participating in the scheme. The obligation lies with the CSS Board to ensure that these rates are reviewed and adjusted as necessary to reflect prevailing economic conditions, maintaining the integrity and sustainability of the scheme. Failure to adhere to the interest rates specified by the CSS Board can lead to legal consequences. The Superannuation Act 1976 includes provisions for both civil and criminal penalties for non-compliance. Civil penalties may include fines up to a certain amount, as stipulated by the Act, while criminal penalties could result in imprisonment, reflecting the seriousness with which the law treats breaches of superannuation regulations. In summary, the Superannuation Act 1976 (Interest) Determination No. 175 mandates the calculation of interest for superannuation contributions and benefits according to rates set by the CSS Board. It imposes an obligation on the Board to regularly review and adjust these rates. Non-compliance with the Act can lead to significant penalties, including fines and imprisonment, underscoring the importance of adhering to these provisions.

Legal classification tags

Area of Law
Superannuation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards

Interactions

Authorises

All Versions

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.