EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 77
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
SUPERANNUATION ACT 1976 - SUPERANNUATION (ELIGIBLE EMPLOYEES) REGULATIONS (AMENDMENT)
The Superannuation Act 1976 (the Act) provides a contributory superannuation scheme for Commonwealth employees.
Section 168 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters that the Act requires or permits to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Persons eligible to contribute under the Act are referred to in the Act as “eligible employees”.
Sub-section 3(1) of the Act defines the term “eligible employee”. In accordance with the definition, the term does not include a person included in a prescribed class of persons. Thus, certain classes of employees may be excluded by regulation from becoming contributors. The classes of persons so excluded are prescribed in the Superannuation (Eligible Employees) Regulations.
The New South Wales meat inspection function and staff are to be transferred to the Commonwealth on 1 July 1983.
The staff to be transferred are either meat inspectors or branders employed in the administration of the Meat Industry Act 1978 of New South Wales. The meat inspectors, and branders who have qualified as meat inspectors, are to be appointed as officers under the Public Service Act 1922 on 1 July 1983. Those branders who have not qualified as meat inspectors are to be engaged as employees under the Public Service Act 1922 on 1 July 1983 and are to be offered appointment as officers upon qualifying as meat inspectors.
Under the Act, permanent employees, including officers for the purposes of the Public Service Act 1922, are required to become eligible employees for the purposes of the Act. Temporary employees, including employees for the purposes of the Public Service Act 1922, may become eligible employees at their own request, subject to certain service qualifications.
The transferees will comprise:-
(a) contributors to a New South Wales State Superannuation Scheme (a State Scheme);
(b) exempt members of a State Scheme, ie. those to whom State superannuation legislation applies but who are not contributors to a State Scheme for reasons other than that they have not elected to become contributors and who might be offered membership of a State Scheme in the future; and
(c) others who are not contributors to a State Scheme.
Those persons in groups (a) and (b) above are to have the option of either becoming eligible employees for the purposes of the Act on 1 July 1983 or of remaining contributors to, or exempt members of, a State Scheme while employed in the Commonwealth meat inspection area. The Meat Industry (Amendment) Act 1983 of New South Wales accordingly contains provisions that enable those in groups (a) and (b) who elect not to become eligible employees to remain State Scheme contributors or exempt members while employed in a designated Commonwealth position.
All of those in groups (a) and (b) are to be appointed as officers on 1 July 1983 and would otherwise be required to become eligible employees on that date. It was therefore necessary for the Superannuation (Eligible Employees) Regulations to be amended to exclude from becoming eligible employees, while employed in a designated position, those who remain State Scheme contributors or exempt members.
Those in group (c) are to have the option, while employed in a designated position, either of continuing to not contribute for superannuation benefits or of becoming eligible employees for the purposes of the Act at their own request at any time after 1 July 1983. Under the Act, those appointed as officers would otherwise be required to become eligible employees. It was therefore necessary for the Superannuation (Eligible Employees) Regulations to be amended to exclude such persons from becoming eligible employees while employed in a designated position unless they elect to do so. Those engaged as employees will, under the Act, have the option of becoming eligible employees subject to certain service qualifications.
It was also necessary to amend the Superannuation (Eligible Employees) Regulations to exclude from becoming eligible employees for the purposes of the Act, while employed in a designated position, persons who, immediately before becoming so employed, were receiving pension under a State Scheme because of earlier retirement on invalidity grounds. Under the State legislation, such persons are to have their pensions cancelled and are to again contribute to the State Scheme while employed in designated positions.
The amendments to the Superannuation (Eligible Employees) Regulations:-
(a) insert into regulation 3 the definition of “designated position”;
(b) add new paragraphs to regulation 4 to exclude from becoming eligible employees for the purposes of the Act while employed in designated positions:-
(i) transferees who are appointed as officers under the Public Service Act and who remain contributors to, or exempt members of, a State Scheme (new paragraph 4(p));
(ii) transferees who are appointed as officers under the Public Service Act, who were not contributors to a State Scheme because they had not elected to become contributors and who do not elect to become eligible employees (new paragraph 4(q)); and
(iii) persons who, immediately before becoming employed in designated positions were receiving pension under a State Scheme because of earlier retirement on invalidity grounds (new paragraph 4(r)).
DATE OF COMMENCEMENT
The amendments come into operation on 1 July 1983.