Superannuation (CSS) Continuing Contributions for Benefits Amendment Regulations 1999 (No. 1) 1999 No. 63
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 63
Issued by the authority of the Minister for Finance and Administration
Superannuation (CSS) Continuing Contributions for Benefits Amendment Regulations
The Superannuation Act 1976 (the Act) makes provision for, and in relation to, the Commonwealth Superannuation Scheme (CSS) which is an occupational superannuation scheme for Commonwealth employees and for certain other persons. Section 168 of the Act provides that the Governor-General may make regulations for the purposes of that Act.
Subsection 3(1) of the Act contains the definition of "eligible employee" which describes persons who may contribute to the CSS (ie CSS members). Paragraph (ea) of that definition includes persons to whom section 14A of the Act applies. Section 14A applies to certain persons described in that section, including persons specified in regulations pursuant to section 14A. Regulations pursuant to section 14A are contained in the Superannuation (C8S) Continuing Contributions for Benefits Regulations (the Principal Regulations).
Subsection 168(15) of the Act provides that regulations for the purposes of section 14A may commence on a day not earlier than 12 months before their making.
The purpose of the Regulations is to amend the Principal Regulations to continue existing CSS membership arrangements for the Northern Territory Legal Aid Commission after that body separated from the Northern Territory Public Sector Employment and Management Act and became a direct employer of staff with effect from 1 January 1999.
The Regulations will provide that CSS members employed by the Commission on 31 December 1998 remain CSS members while they remain employed by the Commission. Continuing CSS membership will also be available to new employees of the Commission if they had immediately before been CSS members employed by other Northern Territory government bodies.
Details of the proposed amendments are explained in the Attachment.
ATTACHMENT
SUPERANNUATION (CSS) CONTINUING CONTRIBUTIONS FOR BENEFITS REGULATIONS (AMENDMENT)
Regulation 1
Regulation 1 provides that the amending regulations are the Superannuation (CSS Continuing Contribution for Benefits (Amendment) Regulations 1999-(No. 1)
Regulation 2
Regulation 2 provides that the Regulations commence on 1 January 1999.
Regulation 3
Regulation 3 provides that Schedule 1 of the Regulations amends the Superannuation (CSS) Continuing Contributions for Benefits Regulations.
Schedule 1 - Amendment of Superannuation (CSS) Continuing contributions for Benefits Regulations
Item 1 substitutes a new regulation 1 in the Principal Regulation to reflect the current drafting style adopted by the Office of Legislative Drafting whereby die titles of all Principal Regulation are to include the year they were first made.
Item 2 inserts a definition of "relevant Northern Territory employment" in subregulation 2(1) of the Principal Regulations which describes the various Northern Territory bodies that have CSS members.
Item 3 amends the punctuation of subparagraph 3A(1)(t)(iv) as a consequence of the insertion of paragraph 3A(1)(u) by item 4 of this Schedule.
Item 4 amends regulation 3A of the Principal Regulations which prescribes, classes of persons to which section 14A of the Superannuation Act 1976 (1976 Act) applies. Such persons are eligible employees by virtue of paragraph (ea) of the, definition of "eligible employee" in subsection 3(1) of the Act.
The new classes of persons, included in section 14A by item 4 are:
(a) persons employed by the Northern Territory Legal Aid Commission who, were CSS members employed by the Commission immediately before the Commission separated from the Northern Territory Public Service on 1 January 1999; and
(b) persons who become employees of the Commission on or after 1 January 1999 and who were CSS members employed in relevant Northern Territory, employment immediately before commencing their employment with the Commission.
Item 5 amends subregulation 4(1A) as a consequence of the insertion of subregulation 4(21) by item 6 of this Schedule.
Item 6 amends regulation 4 of the Principal Regulations which fixes a time when section 14A ceases to apply to certain persons.
In relation to the new class of persons employed by the Commission included in section 14A by the Regulations, item 6 of the Regulations fixes the time as the earliest of..
(a) the day on which the person ceases to be employed by the Commission; or
(b) the day immediately before the person joins a superannuation scheme in relation to employment with the Commission, other than the CSS, a scheme relating only to performance pay superannuation or for top-up purposes.
Item 7 amends Schedule 1 of the Principal Regulations as a consequence of the inclusion of the Northern Territory Legal Aid Commission in Schedule 1 of the Principal Regulations by item 8 of Schedule 1 of these regulations.
Item 8 amends Schedule 1 of the Principal Regulations which contains modifications of the Act that apply to, certain persons who are. members of the CSS by virtue of section 14A of that Act. The amendments include the Northern Territory Legal Aid Commission as a body required to make payments to the Commonwealth in respect of its employees who are CSS members.