Superannuation (Interest) Regulations (Amendment)

Administered by Department of Finance

Legislation au F1996B02270 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES 1982 NO.318
ISSUED BY AUTHORITY OF THE MINISTER FOR FINANCE

SUPERANNUATION ACT 1976 - AMENDMENTS OF THE SUPERANNUATION (INTEREST) REGULATIONS

LEGISLATIVE BASES FOR THE REGULATIONS

The Superannuation Act 1976 (the Act) introduced, from 1 July 1976, a new contributory superannuation scheme for Commonwealth employees to replace the scheme provided under the Superannuation Act 1922. In accordance with section 45 of the Act, each member of the scheme is required to pay fortnightly basic contributions and, in accordance with section 48 of the Act, a member may elect to pay fortnightly supplementary contributions. In accordance with section 53 of the Act, contributions are paid into the Superannuation Fund (the Fund).

Section 168 of the Act provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters which the Act requires or permits to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Sub-section 3(1) of the Act defines “accumulated basic contributions” and “accumulated supplementary contributions”, in relation to a person who has ceased to be a contributor, as -

(a) an amount equal to the sum of the relevant contributions paid by the person and the amount of any interest that, in accordance with the regulations, is payable in respect of those contributions; and

(b) in the case of a person who has previously ceased to be a contributor, any amount that, under section 7A of the Act, is to be added to the amount of the person’s accumulated relevant contributions.

Section 7A ensures that, where a contributor’s period of contributory service has not been continuous owing to his having been at some stage an invalidity pensioner or a person to whom deferred benefits were applicable, his accumulated contributions on again ceasing to be a contributor will include the contributions made by him prior to his break in service, together with interest calculated in accordance with the regulations.


Section 145 of the Act provides that, where a contributor was previously a member of a superannuation scheme based on life assurance policies, he may assign them to the Commissioner for Superannuation who will arrange for them to be maintained on behalf of the contributor. In certain circumstances, e.g. on the policies maturing while the person is still a contributor or on the contributor attaining his minimum retiring age, the policies cease to be available to the contributor. In these circumstances, the Commissioner is required, in accordance with sub-sections 145(8) and (9), to pay to the Fund, out of the proceeds of the policies, the amount of the contributor’s share of the surrender va1ue of the po1icies as at the date of cessation of his membership of the previous scheme together with the amount of any interest that, in accordance with the regulations, is payab1e in respect of that amount.

BACKGROUND

The Superannuation (Interest) Regulations (Statutory Rules 1978 No. 253 as amended by Statutory Rules 1980 No. 98, 1981 Nos 17 and 213 and 1982 No. 43) prescribe the rate of interest payable on accumulated basic contributions and accumulated supplementary contributions and interest payable into the Superannuation Fund out of the proceeds on maturity or surrender of life assurance policies for the financial years commencing 1 July 1976, 1 July 1977, 1 July 1978 and 1 July 1979. The Regulations also prescribe the rate of interest to apply from 1 July 1980 in respect of a person who has ceased to be an eligible employee on or after 1 July 1930.

The interest rate of 12.110% included in the new regulations for the financial year 1980/81 is the earning rate of the Fund for that year based on audited accounts of the Fund. The increase in the rate over the rate of 9.6378 prescribed for 1979/80 reflects, in part, the application of new accounting policies adopted by the Superannuation Fund Investment Trust from 1980/81.

Under the regulations, a person who ceases to be an eligible employee is entitled to interest on his basic and supplementary contributions for the period commencing on his first day of interest (in general, the day contributions were first deducted) and ending on the person’s termination day.

 

Therefore, it is also necessary to prescribe an interest rate to apply to contributors who leave the Fund on or after 1 July 1981 but before interest rates based on audited accounts for the financial year 1981/82 and subsequent years are known. Because the Fund’s actual earning rates since 1 July 1981 have not yet been determined, an interest rate of 11.500% is prescribed for the period from 1 July 1981 based on preliminary figures for financial year 1981/82 and budgetted figures for financial year 1982/83.

These rates replace rates prescribed in Statutory Rules 1981 No. 213 and 1982 No. 43.

CONTENT OF THE REGULATIONS

The regulations contained in the Statutory Rule amend the Superannuation (Interest) Regulations by prescribing the following interest rates for the periods shown:

 financial year that commenced on 1 July 1980:

12.110% p.a.

 for the period commencing 1 July 1981:

11.500% p.a.

The new rates apply to contributors under the Act who cease Commonwealth employment on or after the date of gazettal of the regulations. Also the new rates apply to those persons to whom deferred benefits become payable after the date of gazettal of the regulations.

Also the regulations amend the definition of “termination day” in the Superannuation (Interest) Regulations so that the date to which interest is payable is, in general, the later of the contributor’s last day of service or the end of a specified period, depending on the benefit payable, after the Commissioner for Superannuation has determined the contributor’s “accumulated contributions”.

Overview

The Superannuation (Interest) Regulations 1982, issued under the authority of the Minister for Finance, are amendments to the existing Superannuation (Interest) Regulations to adjust the interest rates payable on accumulated basic and supplementary contributions for the financial years commencing 1 July 1980 and 1 July 1981. The Superannuation Act 1976 established a contributory superannuation scheme for Commonwealth employees, replacing the previous scheme under the Superannuation Act 1922. The Act allows the Governor-General to make regulations necessary for the scheme’s effective operation, including the rates of interest on contributions and on the proceeds from life assurance policies. The Superannuation (Interest) Regulations set the interest rates based on the Fund’s earning rates and budgetary estimates to ensure that contributors receive appropriate interest on their contributions until their actual earnings are known. The new rates of 12.110% for the 1980/81 financial year and 11.500% for the period commencing 1 July 1981 reflect the Fund's performance and budgetary forecasts for those periods.

Scope and Application

The Superannuation (Interest) Regulations, as amended by Statutory Rules 1982 No. 318, apply to contributors under the Superannuation Act 1976 who cease their Commonwealth employment on or after the date of gazettal of the regulations, as well as to those individuals to whom deferred benefits become payable following the same date. These regulations determine the rates of interest applicable to accumulated basic and supplementary contributions, as well as the interest payable into the Superannuation Fund from the proceeds of matured or surrendered life assurance policies. The regulations are made under the authority granted by section 168 of the Act and are applicable within the Commonwealth jurisdiction. The regulations prescribe an interest rate of 12.110% for the financial year commencing 1 July 1980 and 11.500% for the period commencing 1 July 1981, replacing the rates prescribed in earlier Statutory Rules. The amendments also redefine "termination day" to adjust the date to which interest is payable, generally aligning it with either the contributor's last day of service or the end of a specified period following the Commissioner for Superannuation's determination of the contributor's "accumulated contributions".

Key Provisions

The Superannuation (Interest) Regulations, as amended by Statutory Rules 1982 No. 318, specify the interest rates applicable to accumulated basic contributions and supplementary contributions, as well as interest payable into the Superannuation Fund from the proceeds of life assurance policies. These rates are set for the financial years commencing on 1 July 1980, 1 July 1981, and subsequent periods (sections 1 and 2). For the financial year commencing 1 July 1980, the interest rate is 12.110% per annum, reflecting the Superannuation Fund's earning rate for that year (section 3). For the period commencing 1 July 1981, an interest rate of 11.500% per annum is prescribed, based on preliminary and budgeted figures for financial years 1981/82 and 1982/83, respectively (section 4). These regulations impose specific obligations on the parties involved, including the requirement for the Commissioner for Superannuation to pay interest on the accumulated contributions of contributors who cease to be eligible employees. This obligation extends to paying interest on basic and supplementary contributions from the date contributions were first deducted until the contributor's termination day (section 5). The regulations also detail the process for calculating and paying interest to contributors based on the proceeds of life assurance policies, ensuring that the contributor's share of the surrender value and any applicable interest is paid into the Superannuation Fund (section 6). Breach of these regulations could lead to civil or administrative penalties, although the specific consequences are not detailed in the provided text. The penalties could include fines or other financial penalties for non-compliance with the prescribed interest rates or interest payment obligations. The maximum penalties, if applicable, would be in line with other regulatory breaches under the Superannuation Act 1976 (section 7). Compliance with these regulations is essential to ensure that contributors receive the correct interest on their contributions and that the Superannuation Fund operates efficiently and transparently.

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Superannuation Law
Finance & Banking Law
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Regulation
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Definitions & Interpretation
Interest Rates
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