Statutory Rules
1979 No. 70
REGULATIONS UNDER THE SUPERANNUATION ACT 19761
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Superannuation Act 1976.
Dated this tenth day of May 1979.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
ERIC L. ROBINSON
Minister of State for Finance
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SUPERANNUATION (FORMER INVALIDITY PENSIONERS)
REGULATIONS
1 Citation
These Regulations may be cited as the Superannuation (Former Invalidity Pensioners) Regulations.
2 Interpretation
In these Regulations, “the Act” means the Superannuation Act 1976.
3 Application
These Regulations have effect for the purposes of sub-sections 76 (2) and 144 (2) of the Act, as the case requires.
4 Minimum invalidity pension or spouse's pension
(1) Where–
(a) upon or after a person's ceasing to be an eligible employee, he becomes entitled to invalidity pension or a deferred benefit by way of invalidity pension becomes payable to him;
(b) that invalidity pension becomes payable to him in accordance with section 67, 68 or 70 of the Act, or the deferred benefit is by way of such invalidity pension;
(c) his entitlement to that pension or to the deferred benefit is cancelled under sub‑section 76 (1) of the Act upon his again becoming an eligible employee, or his entitlement to the deferred benefit is cancelled under sub-section 143 (2) of the Act and he again becomes an eligible employee;
(d) he again ceases to be an eligible employee before attaining his maximum retiring age by reason of death or retirement on the ground of invalidity;
(e) upon his so ceasing again to be an eligible employee he becomes entitled to invalidity pension by virtue of sub-section 66 (1) or (2) of the Act or spouse’s pension becomes payable in respect of him by virtue of sub-section 81 (1) or (2) of the Act; and
(f) the pension payable to or in respect of him upon or after his ceasing again to be an eligible employee as referred to in paragraph (d) is–
(i) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), pension was payable in accordance with section 67 of the Act or a deferred benefit by way of invalidity pension of that kind became payable-pension payable in accordance with section 68, 70, 71, 83, 85 or 86 of the Act;
(ii) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), pension was payable in accordance with section 68 of the Act or a deferred benefit by way of invalidity pension of that kind became payable–pension payable in accordance with section 71 or 86 of the Act; and
(iii) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), pension was payable in accordance with section 70 of the Act or a deferred benefit by way of invalidity pension of that kind became payable–pension payable in accordance with section 68, 71, 83 or 86 of the Act,
then, the annual rate of pension so payable to or in respect of the person upon or after his again ceasing to be an eligible employee as referred to in paragraph (d) shall not be less than the rate of pension that is the prescribed rate of pension in relation to that person.
(2) The reference in sub-regulation (1) to the prescribed rate of pension in relation to a person is a reference to the rate of pension that would have been payable to or, in the case of pension payable in respect of the person, in respect of the person upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (d) if–
(a) upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or deferred benefit by way of invalidity pension, as the case may be, had become payable to him in accordance with–
(i) in the case of a person (other than a person referred to in sub-paragraph (iv)) to whom or in respect of whom, upon his ceasing to be an eligible employee as referred to in paragraph (1) (d), pension becomes payable in accordance with section 68 or 83 of the Act–section 68 of the Act;
(ii) in the case of a person to whom or in respect of whom, upon his ceasing to be an eligible employee as referred to in paragraph (1) (d), pension becomes payable in accordance with section 70 or 85 of the Act-section 70 of the Act;
(iii) in the case of a person to whom or in respect of whom, upon his ceasing to be an eligible employee as referred to in paragraph (1) (d), pension becomes payable in accordance with section 71 or 86 of the Act–section 71 of the Act; and
(iv) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), pension or deferred benefit by way of invalidity pension became payable in accordance with section 70 of the Act and to whom or in respect of whom, upon his ceasing to be an eligible employee as referred to in paragraph (1) (d), pension becomes payable in accordance with section 68 or 83 of the Act–section 71 of the Act;
(b) after ceasing to be an eligible employee as referred to in paragraph (1) (a), he had not again become an eligible employee; and
(c) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of an invalidity pension became payable in accordance with section 67 or 68 of the Act and to whom or in respect of whom, upon his ceasing to be an eligible employee as referred to in paragraph (1) (d), pension becomes payable in accordance with section 70, 71, 85 or 86 of the Act–there had been added to what was his period of contributory service upon his ceasing to be an eligible employee as referred to in paragraph (1) (a) the aggregate of the period during which pension or deferred benefit by way of pension was payable to him in accordance with section 67 or 68 of the Act, as the case may be, and the period that is or, if section 8 of the Act applies in relation to him, would but for that section be his period of contributory service upon his ceasing to be an eligible employee as referred to in paragraph (1) (d).
5 Minimum orphan pension
(1) Where–
(a) upon or after a person’s ceasing to be an eligible employee, he becomes entitled to invalidity pension or a deferred benefit by way of invalidity pension becomes payable to him;
(b) that invalidity pension becomes payable to the person in accordance with section 67, 68 or 70 of the Act, or the deferred benefit is by way of such invalidity pension;
(c) his entitlement to that pension or deferred benefit is cancelled under sub-section 76 (1) of the Act upon his again becoming an eligible employee, or his entitlement to the deferred benefit is cancelled under sub-section 143 (2) of the Act and he again becomes an eligible employee;
(d) he again ceases to be an eligible employee before attaining his maximum retiring age by reason of death;
(e) upon or after his so ceasing again to be an eligible employee orphan pension becomes payable in respect of him by virtue of section 98, 100, 103 or 104 of the Act; and
(f) in the application of section 98, 100, 103 or 104 of the Act as the case may be, in relation to the person–
(i) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), the pension or the deferred benefit by way of pension became payable in accordance with section 67 of the Act–paragraph 98 (4) (b), 100 (4) (a) or (b), 103 (3) (b), or 104 (3) (a) or (b) of the Act applies in relation to him;
(ii) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), pension or deferred benefit by way of pension became payable in accordance with section 68 of the Act–paragraph 100 (4) (b), sub-section 100 (5) or paragraph 104 (3) (b) of the Act applies in relation to him; and
(iii) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (a), pension or deferred benefit by way of pension became payable in accordance with section 70 of the Act–paragraph 98 (4) (b), 100 (4) (b), 103 (3) (b) or 104 (3) (b) of the Act applies in relation to him,
then, the annual rate of pension payable in respect of the person under section 98, 100, 103 or 104 of the Act, as the case may be, upon or after his so ceasing again to be an eligible employee as referred to in paragraph (d), shall not be less than the rate of pension that is the prescribed rate of pension in relation to the person.
(2) The reference in sub-regulation (1) to the prescribed rate of pension in relation to a person is a reference to the rate of pension that would have been payable in respect of the person upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (d) if–
(a) upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of invalidity pension had become payable to him in accordance with–
(i) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of an invalidity pension became payable in accordance with section 67 of the Act and in respect of whom paragraph 98 (4) (b) or 103 (3) (b) of the Act applies–section 68 of the Act;
(ii) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of an invalidity pension became payable in accordance with section 67 of the Act and in respect of whom paragraph 100 (4) (a) or 104 (3) (a) of the Act applies–section 70 of the Act;
(iii) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of an invalidity pension became payable in accordance with section 70 of the Act and in respect of whom paragraph 98 (4) (b) or 103 (3) (b) of the Act applies–section 71 of the Act; and
(iv) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of an invalidity pension became payable in accordance with section 67, 68 or 70 of the Act and in respect of whom paragraph 100 (4) (b), sub-section 100 (5) or paragraph 104 (3) (b) of the Act applies–section 71 of the Act;
(b) after ceasing to be an eligible employee as referred to in paragraph (1) (a) he had not again become an eligible employee; and
(c) in the case of a person to whom, upon or after his ceasing to be an eligible employee as referred to in paragraph (1) (a), invalidity pension or a deferred benefit by way of invalidity pension became payable in accordance with section 67 or 68 of the Act and in respect of whom, upon his ceasing to be an eligible employee as referred to in paragraph (1) (d) of this regulation, paragraph 100 (4) (a) or 100 (4) (b), sub‑section 100 (5), or paragraph 104 (3) (a) or (b) of the Act applies–there had been added to what was his period of contributory service upon his ceasing to be an eligible employee as referred to in paragraph (1) (a) the aggregate of the period during which pension or deferred benefit by way of pension was payable to him in accordance with section 67 or 68 of the Act, as the case may be, and the period that is or, if section 8 of the Act applies in relation to him, would but for that section be his period of contributory service upon his ceasing to be an eligible employee as referred to in paragraph (1) (d).
NOTE
1. Notified in the Commonwealth of Australia Gazette on 17 May 1979.