Superannuation (PSS) (Surcharge Deduction Amount - Conversion Factors) Determination No. 1

Administered by Department of Finance

Legislation au F2008B00262 In force Legislative Instrument

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 COMMONWEALTH OF AUSTRALIA

 

 SUPERANNUATION ACT 1990

 

 DETERMINATION

 

 

The PSS Board, pursuant to rule 12.2.10 and for the purposes of Part 9 of the Rules,  DETERMINES as follows:

 

Citation

 

1.    This determination may be cited as the "Superannuation (PSS) (Surcharge Deduction Amount - Conversion Factors) Determination No. 1".

 

Commencement

 

2.      This determination shall take effect from and including 15 May 1998.

 

Purpose

 

3.     The purpose of this determination is to determine, in accordance with advice from an actuary, conversion factors to be used when calculating pension reductions in order to discharge Surcharge Deduction Amounts.

 

Interpretation

 

4.(1)    In this determination:

 

"Act" means the Superannuation Act 1990; and

 

"Rules" means the Rules for the Administration of the Superannuation Scheme established by deed under section 4 of the Act, as amended from time to time.

 

(2)    Words and expressions defined in the Act and the Rules have the same meaning in this determination.

 

Schedule

 

 [Conversion factors to be used when calculating amounts to be deducted from pensions]

 

5.(1)    Subject to subclause (2), the conversion factors for the purposes of rule 12.2.10 are set out in the Table in the Schedule to this determination.

 

(2) The conversion factors set out in the Table in the Schedule to this determination do not apply in respect of any pension payable as a result of the death of a member.

 

 

 [Superannuation (PSS) (Surcharge Deduction Amount - Conversion Factors)

             Determination No. 1 (continued)]

 

 

 

 

 

 

 

R.L. Brown

 

............................................................

R.L. Brown

(Chairperson)

 

 

 

 

 

Peter Reynolds         G. Kelly

 

........................................................... ..........................................................

P. Reynolds G.J. Kelly 

(Trustee) (Trustee) 

 

 

 

 

 

Winsome Hall                            John Flitcroft     

 

............................................................ ..........................................................

W. Hall J.A. Flitcroft 

(Trustee) (Trustee) 

 

 

 

The Common Seal of the PSS Board was hereunto affixed by authority of the Board

 

 

 

 

 

 

 

Dated this                  Fourth day of                        June 1998  

 

SCHEDULE

 

 

CONVERSION FACTORS REQUIRED UNDER PSS RULE 12.2.10

 

 

 

 

Age in completed years at date of commencement

of pension

 

Conversion

factor

 

15

 

23.8

 

16

 

23.8

 

17

 

23.8

 

18

 

23.7

 

19

 

23.6

 

20

 

23.6

 

21

 

23.5

 

22

 

23.4

 

23

 

23.3

 

24

 

23.3

 

25

 

23.2

 

26

 

23.1

 

27

 

23.0

 

28

 

22.9

 

29

 

22.8

 

30

 

22.7

 

31

 

22.6

 

32

 

22.4

 

33

 

22.3

 

34

 

22.2

 

35

 

22.1

 

36

 

21.9

 

37

 

21.8

 

38

 

21.6

 

39

 

21.5

 

40

 

21.3

 

41

 

21.1

 

42

 

21.0

 

43

 

20.8

 

44

 

20.6

 

45

 

20.4

 

SCHEDULE (cont.)

 

 

CONVERSION FACTORS REQUIRED UNDER PSS RULE 12.2.10 (cont.)

 

 

 

 

Age in completed

years at date of commencement

of pension

 

Conversion

factor

 

46

 

20.2

 

47

 

20.0

 

48

 

19.7

 

49

 

19.5

 

50

 

19.3

 

51

 

19.0

 

52

 

18.8

 

53

 

18.5

 

54

 

18.2

 

55

 

17.9

 

56

 

17.7

 

57

 

17.3

 

58

 

17.0

 

59

 

16.7

 

60

 

16.4

 

61

 

16.0

 

62

 

15.7

 

63

 

15.3

 

64

 

15.0

 

65

 

14.6

 

66

 

14.2

 

67

 

13.8

 

68

 

13.4

 

69

 

13.0

 

70

 

12.6

 

 

 

Overview

The Superannuation (PSS) (Surcharge Deduction Amount - Conversion Factors) Determination No. 1 was made in 1998 by the PSS Board, in accordance with rule 12.2.10 and Part 9 of the Rules, and it commenced on 15 May 1998. The purpose of this determination is to establish conversion factors, advised by an actuary, for calculating pension reductions to discharge Surcharge Deduction Amounts. This legislative instrument aims to provide a structured method for determining these factors, ensuring consistency and fairness in the application of pension deductions. The determination includes a schedule of conversion factors based on the age of the pension recipient at the date of commencement of the pension, excluding instances where the pension is payable due to the death of a member.

Scope and Application

The Superannuation (PSS) (Surcharge Deduction Amount - Conversion Factors) Determination No. 1 applies to members of the Public Service Superannuation Scheme (PSS) as established under the Superannuation Act 1990. It is a legislative instrument made by the PSS Board to set conversion factors used in the calculation of pension reductions necessary to discharge Surcharge Deduction Amounts. This determination is applicable to all pensions under the PSS, except those payable due to the death of a member, and it came into effect on 15 May 1998. The conversion factors are detailed in the schedule and are used to determine the amount to be deducted from pensions based on the age of the member at the commencement of the pension. The determination does not extend beyond the scope of the Superannuation Act 1990 and the Rules for the Administration of the Superannuation Scheme.

Key Provisions

The Superannuation (PSS) (Surcharge Deduction Amount - Conversion Factors) Determination No. 1 outlines the conversion factors to be used when calculating pension reductions for Surcharge Deduction Amounts, as per section 5(1). These conversion factors are specified in the Schedule of the determination and are applicable to pensions payable under rule 12.2.10, except in cases where the pension is payable as a result of the death of a member, as per section 5(2). The determination came into effect on 15 May 1998, as stated in section 2, and is intended to provide clarity on the application of conversion factors in accordance with actuarial advice. The Act imposes specific obligations on the PSS Board, primarily ensuring the accurate application of conversion factors when calculating pension reductions for Surcharge Deduction Amounts. The conversion factors are meticulously outlined in the Schedule, ensuring consistency and fairness in the calculation process. Moreover, the Act mandates that these conversion factors should be applied uniformly, except in the specific case of pensions payable due to the death of a member, which are exempt from these calculations. Breach of the provisions outlined in this determination could potentially lead to legal consequences, though the specific nature of these consequences is not explicitly detailed within the text. Given that this is a legislative instrument under the Superannuation Act 1990, it is likely that any breaches could result in civil penalties or other sanctions as stipulated by the overarching Act. The precise nature and extent of these penalties would depend on the specific circumstances and the provisions of the Superannuation Act 1990.

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