Superannuation (Former Eligible Employees) Regulations (Amendment) 1994 No. 247
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 247
Issued by the authority of the Minister for Finance
Superannuation Act 1976
Superannuation (Former Eligible Employees) Regulations (Amendment)
The Superannuation Act 1976 (the Act) makes provision for and in relation to an occupational superannuation scheme for certain Commonwealth employees and other persons.
Section 168 of the Act provides that the Governor-General may make regulations for the purposes of the Act.
Section 126A of the Act provides that the regulations may modify the Act in relation to former eligible employees who become members of another superannuation scheme and these regulations are contained in the Superannuation (Former Eligible Employees) Regulations (the Principal Regulations).
Special arrangements operate for Commonwealth employees transferred to State employment as a consequence of the transfer of Commonwealth Repatriation institutions to State control. The arrangements include the preservation of their rights as members of the CSS if they do not continue as members of the CSS but join a State scheme.
To give effect to the superannuation arrangements for staff of Repatriation institutions, Statutory Rules 1991 No. 445 amended the Principal Regulations to provide for the preservation of CSS benefits for staff of Repatriation institutions transferred to State control who are taken to have resigned from the Australian Public Service in accordance with subsection 14(2) of the Repatriation Institutions (Staff) Act 1991 and on the next day continue in employment with the State as a consequence of the transfer and join the State scheme. Statutory Rules 1991, No. 445 was made on 12 December 1991 and was to come into effect on commencement of the Repatriation Institutions (Staff) Act 1991.
The Repatriation Institutions (Staff) Bill 1991 (the Repatriation Bill) was first presented to Parliament in 1991 and passed by the House of Representatives in November 199 1. The Senate amended the Repatriation Bill in 1992 including the insertion of a new clause. The Repatriation Bill with amendments was represented to the House was agreed to by the House. It was assented to on 17 June 1992 as the Repatriation Institutions (Transfer) Act 1992. Because of the insertion of a new clause, the provisions contained in the Repatriation Bill were renumbered such that, for example, clause 14 became clause 15.
The Principal Regulations were amended by Statutory Rules 1992 Nos. 212 and 271 to change the references to the Repatriation Institutions (Staff) Act 1991 to the Repatriation Institutions (Transfer) Act 1992. However, the need to amend the reference to subsection 14(2) was not recognised at those times.
The regulations amend the Principal Regulations by replacing the reference to subsection 14 (2) of the Repatriation Institutions (Transfer) Act 1992 with a reference to subsection 15(2) of that Act.
The regulations commence on gazettal.
Overview
The Superannuation (Former Eligible Employees) Regulations (Amendment) 1994 No. 247, issued under the authority of the Minister for Finance, amends the Superannuation (Former Eligible Employees) Regulations to address a legislative gap identified in the renumbering of clauses in the Repatriation Institutions (Transfer) Act 1992. This amendment ensures that references within the superannuation regulations accurately reflect the updated legislative framework, particularly concerning Commonwealth employees transferred to State employment due to the transfer of Repatriation institutions to State control. The objective is to preserve the rights and benefits of former eligible employees, ensuring they are correctly accounted for in the new state superannuation schemes. This amendment is essential to maintain the integrity of the occupational superannuation scheme and to uphold the entitlements of affected employees.
Scope and Application
The Superannuation (Former Eligible Employees) Regulations (Amendment) 1994 No. 247 amends the Superannuation (Former Eligible Employees) Regulations, which are made under the Superannuation Act 1976. This Act provides for the establishment and operation of an occupational superannuation scheme for certain Commonwealth employees and other persons. The regulations specifically address former eligible employees who become members of another superannuation scheme, thereby modifying the principal regulations to ensure that these individuals' rights and benefits are preserved. These amendments are necessitated by the changes resulting from the transfer of Commonwealth Repatriation institutions to State control, ensuring that employees retain their rights as members of the Commonwealth Superannuation Scheme (CSS) if they transfer to State employment and join a State scheme. The regulations are designed to correct a reference error that occurred when previous amendments did not recognise the renumbering of a clause in the Repatriation Institutions (Transfer) Act 1992, ensuring that the correct subsection is referenced. These regulations apply to individuals who were previously eligible employees of the Commonwealth and now join a State superannuation scheme as a result of the transfer of Repatriation institutions to State control.
Key Provisions
The Superannuation (Former Eligible Employees) Regulations (Amendment) 1994 No. 247 amends the Superannuation (Former Eligible Employees) Regulations under the Superannuation Act 1976. Specifically, Section 126A of the Act allows for the modification of the Act in relation to former eligible employees who become members of another superannuation scheme. The amendment corrects a reference in the Principal Regulations to ensure that the correct subsection of the Repatriation Institutions (Transfer) Act 1992 is cited.
These regulations impose obligations on former eligible employees who were Commonwealth employees but are now members of another superannuation scheme, particularly those who were staff of Repatriation institutions transferred to State control. They ensure that these individuals are treated appropriately under the superannuation arrangements, preserving their rights as members of the Commonwealth Superannuation Scheme (CSS). The amendment rectifies a reference error that was previously overlooked, ensuring that the Principal Regulations correctly align with the Repatriation Institutions (Transfer) Act 1992.
Breaches of the regulations could lead to various consequences, although the specific penalties are not detailed within the explanatory statement. Generally, failure to comply with the Superannuation Act 1976 or the regulations made under it can result in civil or criminal penalties. These could include fines, imprisonment, or other enforcement actions depending on the nature and severity of the breach. The precise penalties would be determined in accordance with the provisions of the Superannuation Act 1976 and any related legislation.