Superannuation (CSS) Deferred Benefits Regulations 1979

Administered by Department of Finance

Legislation au F1996B00038 Regulations In force Legislative Instrument

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Superannuation (CSS) Deferred Benefits Regulations 1979

Statutory Rules 1979 No. 46 as amended

made under the

Superannuation Act 1976

This compilation was prepared on 1 July 2011
taking into account amendments up to SLI 2011 No. 131

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Interpretation 

 3 Application of the Act and the provisions of the Act to persons to whom subsection 136 (4) of the Act applies             

Schedule Modifications of the Act in its application to persons to whom subsection 136 (4) of the Act applies             

Notes  

 

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Superannuation (CSS) Deferred Benefits Regulations 1979.

2 Interpretation

  In these Regulations, the Act means the Superannuation Act 1976.

3 Application of the Act and the provisions of the Act to persons to whom subsection 136 (4) of the Act applies

  The Act and the provisions of the Act specified in the Schedule apply subject to the modifications specified in the Schedule to and in relation to those persons to whom subsection 136 (4) of the Act applies.

Schedule Modifications of the Act in its application to persons to whom subsection 136 (4) of the Act applies

(regulation 3)

 

 

Section

Modifications

112..

Omit from subsection (6) “Subject to subsection (7)”, substitute “Subject to subsections (7), (9A), (9B) and (9C)”

Omit subsection (10), substitute the following subsections:

“(9A) Where:

(a) deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit becoming payable to the person in accordance with section 68 or 71;

(b) the person’s entitlement to the deferred benefit is cancelled under subsection 143 (2) and deferred benefits again become applicable in relation to him; and

(c) the deferred benefits so applicable in relation to the person cease to be so applicable upon a deferred benefit becoming payable to or in respect of the person,

subsection (6) does not apply in relation to him.

“(9B) Subject to subsection (9C), where:

(a) deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit becoming payable to the person in accordance with section 67 or 70;

(b) the person’s entitlement to the deferred benefit is cancelled under subsection 143 (2) and deferred benefits again become applicable in relation to him; and

(c) the deferred benefits so applicable in relation to the person cease to be so applicable upon a deferred benefit becoming payable to or in respect of the person,

subsection (6) does not apply in relation to him, but there shall be paid out of the Superannuation Fund to the Commonwealth an amount equal to the amount that was paid to the Fund under subsection 112 (9) in respect of the person upon his entitlement to deferred benefits being cancelled under subsection 143 (2), together with interest, calculated in accordance with subsection (9D), on that amount in respect of the period commencing on the day on which that amount was paid into the Fund under subsection 112 (9) and ending on:

(d) the pension pay day next following the day on which the deferred benefits again become payable to or in respect of the person as referred to in paragraph (c); or

(e) the second pension pay day after the day on which the Commissioner has determined the amount of any pension or lump sum benefit constituting or forming part of the deferred benefits again becoming payable to or in respect of the person as referred to in paragraph (c),

whichever is the later.

“(9C) Where:

(a) deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit becoming payable to the person in accordance with section 67 or 70;

(b) the person’s entitlement to the deferred benefit is cancelled under subsection 143 (2) and deferred benefits again become applicable in relation to him; and

 

 

(c) the deferred benefits so applicable in relation to the person cease to be so applicable upon a deferred benefit by way of a lump sum benefit equal to
his accumulated basic contributions becoming payable to or in respect of the person out of the Superannuation Fund,

subsection (6) does not apply in relation to him.

“(9D) The amount of interest payable by virtue of subsection (9B), in respect of an amount (referred to in this subsection as the relevant amount) paid to the Fund under subsection 112 (9) in respect of a person upon his entitlement to deferred benefits being cancelled under subsection 143 (2) shall be the amount of any interest that would be payable in respect of an equal amount referred to in subparagraph 145 (8) (a) (i) if the period in respect of which interest was payable in respect of that last-mentioned amount were the same period in respect of which interest is, by virtue of subsection (9B), payable in respect of the relevant amount.”.

136 ..

Add at the end of section 136 the following subsection:

“(7) Where deferred benefits again become payable to or in respect of a person to whom subsection (4) applies, the deferred benefits shall:

(a) if the deferred benefits that ceased to be applicable in relation to the person as referred to in paragraph (4) (b) so ceased to be applicable upon a deferred benefit by way of invalidity benefit becoming payable to him in accordance with section 67 or 70 — consist only of such benefits referred to in subsection (1), or such parts of such benefits, as are based upon contributions by a person other than the first-mentioned person (but excluding contributions that are accumulated employer contributions
in respect of the first-mentioned person) and
benefits based upon the first-mentioned person’s accumulated basic contributions; or

 

(b) if the deferred benefits that ceased to be applicable in relation to the person as referred to in paragraph (4) (b) so ceased to be applicable upon a deferred benefit by way of invalidity benefit becoming payable to him in accordance with section 68 or 71 — consist only of such benefits referred to in subsection (1), or such parts of such benefits, as are based upon contributions by a person other than the first-mentioned person (but excluding contributions that are accumulated employer contributions in respect of the first-mentioned person.)”.

 

 

 

Notes to the Superannuation (CSS) Deferred Benefits Regulations 1979

Note 1

The Superannuation (CSS) Deferred Benefits Regulations 1979 (in force under the Superannuation Act 1976) as shown in this compilation comprise Statutory Rules 1979 No. 46 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1979 No. 46

21 Mar 1979

21 Mar 1979

 

1991 No. 170

28 June 1991

1 July 1990

—

1992 No. 265

26 Aug 1992

26 Aug 1992

—

1995 No. 92

18 May 1995

18 May 1995

—

1995 No. 406

19 Dec 1995

1 July 1995

—

1996 No. 98

20 June 1996

1 July 1995

—

2005 No. 218

7 Oct 2005 (see F2005L02918)

Rr. 1–3 and Schedule 1 [item 18]: 8 Oct 2005

—

2011 No. 131

30 June 2011 (see F2011L01374)

1 July 2011 (see r. 2)

—

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 1995 No. 406; 2011 No. 131

R. 4.................

ad. 1995 No. 406

 

am. 1996 No. 98

 

rep. 2011 No. 131

Schedule

 

Heading to Schedule.....

rs. 1991 No. 170; 1992 No. 265

Schedule.............

am. 1991 No. 170; 1992 No. 265; 1995 No. 92; 2005 No. 218

 

 

Overview

The Superannuation (CSS) Deferred Benefits Regulations 1979, enacted under the Superannuation Act 1976, aim to address the complexities in the application of superannuation benefits, particularly in relation to deferred benefits for certain individuals. These Regulations were formulated by the Parliament of Australia to provide a structured framework for the application of superannuation provisions to those individuals covered under subsection 136(4) of the Act. The policy objective is to ensure that the benefits are administered with clarity and fairness, modifying the application of specific sections of the Act to cater to the unique circumstances of these individuals. These Regulations, which came into effect on 21 March 1979, have undergone several amendments since their inception, most recently on 1 July 2011. They outline modifications to the application of the Superannuation Act 1976, particularly focusing on the cessation and recommencement of deferred benefits and the calculation of interest where applicable. The comprehensive schedule within the Regulations details these modifications, ensuring that the benefits are applied correctly and in accordance with the legislative intent.

Scope and Application

The Superannuation (CSS) Deferred Benefits Regulations 1979, made under the Superannuation Act 1976, apply to the modification of certain provisions of the Act in relation to persons to whom subsection 136(4) of the Act applies. These Regulations specify how the Act and its provisions are applied with modifications to certain individuals, ensuring that the Act's application to these individuals is adapted to their specific circumstances. The scope of these Regulations is limited to modifying the application of the Superannuation Act 1976 to certain deferred benefits, specifically those outlined in the Schedule. This involves detailed amendments to sections 112 and 136 of the Act, including the substitution, omission, and addition of subsections to ensure the proper application of deferred benefits. The Regulations also include provisions for the payment of interest on certain amounts paid into the Superannuation Fund. These Regulations have a national reach as they are federal in nature, applying across Australia under the jurisdiction of the Commonwealth.

Key Provisions

The Superannuation (CSS) Deferred Benefits Regulations 1979, made under the Superannuation Act 1976, provide specific rules and modifications for the application of the Superannuation Act to certain individuals. These regulations aim to modify the application of the Act to those individuals for whom subsection 136(4) of the Act applies, as outlined in the Schedule. The modifications primarily address how deferred benefits are applied, cancelled, and reapplied under certain conditions, such as when a benefit becomes payable or when entitlement is cancelled. The regulations impose obligations on the parties or entities they govern by detailing specific conditions under which deferred benefits become applicable or cease to be applicable. For instance, regulation 112 modifies subsection (6) to include additional references to subsections (7), (9A), (9B), and (9C). Additionally, subsections (9A) and (9B) specify the circumstances under which subsection (6) does not apply, including when a person's entitlement to deferred benefits is cancelled and then reapplied. Subsection (9C) addresses situations where deferred benefits cease to be applicable upon a lump sum benefit becoming payable. These obligations require precise adherence to the stipulated conditions and modifications to ensure compliance with the Act. There are no specific offences, penalties, or civil/criminal consequences outlined in the Superannuation (CSS) Deferred Benefits Regulations 1979. However, non-compliance with the Act and these regulations could potentially lead to legal consequences under the broader Superannuation Act 1976. The Act itself may impose penalties for non-compliance, which could include fines or other civil or criminal penalties. The precise nature and extent of these penalties would need to be referred to within the broader legislative framework of the Superannuation Act 1976, as the regulations themselves do not detail specific penalties for breaches.

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