Superannuation Regulations

Legislation au C1942L00549 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 549.

 

REGULATIONS UNDER THE SUPERANNUATION ACT 1922-1942.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and on the recommendation of the Superannuation Board, hereby make the following Regulations under the Superannuation Act 1922-1942.

Dated this twenty-second day of December, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

 

Superannuation Regulations.

Citation.

1. These Regulations may be cited as the Superannuation Regulations.

Repeal.

2. The Superannuation Regulations (being Statutory Rules 1930, No. 145) are repealed.

Definition.

3. In these Regulations, “the Act” means the Superannuation Act 1922-1942.

Commencement of contributions.

4. Where under the Act an employee is required to contribute to the fund from the date of the commencement of his employment, the first deduction from his salary for the purpose of his contributions shall be made on the first pay day occurring during his employment.

Election under section 13 (2.) (a).

5. The time within which an employee may elect under paragraph (a) of sub-section (2.) of section 13 of the Act to contribute for additional units or half units, shall be—

(a) in the case of a person who is an employee at the date of commencement of these Regulations—twelve months from that date; and

(b) in the case of a person who becomes an employee after that date—twelve months from the date on which he becomes an employee.

 

* Notified in the Commonwealth Gazette on , 1942.

8435.—Price 5d. 25/9.12.1942.


Election under section 13 (4.) (c).

6.—(1.) The time within which a contributor to whom paragraph (c) of sub-section (4.) of section 13 of the Act applies may elect to increase the amount of his contribution in accordance with that paragraph shall be twelve months from the date upon which payment of salary at the increased rate is approved, or twelve months from the date upon which salary at the increased rate becomes payable, whichever date is the later.

(2.) The time within which such a contributor must satisfy the Board that he is not suffering from any physical or mental defect likely to render him incapable of performing his duties, before attaining the maximum age for retirement, shall be six months from the date of his election.

Election under section 52.

7. The time within which an employee may elect under section 52 of the Act to come under the Act for the purpose of the difference shall be twelve months from the date of commencement of his employment.

Election under section 53.

8.—(1.) The time within which an employee may elect under section 53 of the Act to come under the Act for a limited purpose specified in that sub-section shall be twelve months from the date of commencement of his employment.

(2.) The contributions payable by such an employee shall be in accordance with the table of contributions set out in the First Schedule to these Regulations.

Contributions by officers under Part IVa.

9. The contributions payable by an officer who is a contributor under Part IVa. of the Act—

(a) where the obligation to make those contributions existed at the commencement of these Regulations—shall be in accordance with the table of contributions set out in the Second Schedule to these Regulations; and

(b) where the obligation to make those contributions comes into existence after the commencement of these Regulations—shall be in accordance with the table of contributions set out in the Third Schedule to these Regulations.

Fractions of a penny.

10. Where a contribution includes a fraction of a penny amounting to a half-penny or more, the next higher penny shall be deducted.

Payment of pensions, lump sum payments and refunds of contributions.

11.—(1.) Pensions, lump sum payments, and refunds of contributions granted in pursuance of the Act shall be authorized for payment in accordance with the provisions of the Treasury Regulations.

(2.) Pensions shall be paid fortnightly on the Friday of each fortnight which alternates with the Friday on which Commonwealth Public Service salaries are paid.

(3.) The amount of pension for a period of less than a fortnight shall bear the same proportion to the amount of a fortnightly instalment as the number of days in that period bears to fourteen.

Payment by the Commonwealth to the Fund.

12. Payments by the Commonwealth to the fund shall be made in the manner prescribed by the Treasury Regulations immediately after each pension pay day.


Evidence as to pensioners.

13. As and when required by the Board—

(a) a pensioner to whom, or in respect of whom, pension payments are being made shall submit evidence satisfactory to the Board that he is alive;

(b) a person in receipt of a widow’s pension shall submit evidence satisfactory to the Board that she has not re-married; and

(c) a person in receipt of a child’s pension shall submit evidence satisfactory to the Board that the child is still alive and is in his care, and is being maintained by him.

Prescribed authority under section 50.

14. The prescribed authority who shall be informed in accordance with section 50 of the Act of the restoration of the health of a pensioner shall be the principal officer administering the Act under which the pensioner was employed at the date of his retirement.

Prescribed officer under section 4 (5.) (c).

15. The prescribed officer for the purposes of paragraph (c) of sub-section (5.) of section 4 of the Act shall be the Permanent Head of the Department in which the person concerned is employed.

Fee to medical officer for report under section 77.

16. The fee payable to a medical officer appointed under section 77 of the Act for a report under that section shall be Two pounds two shillings.

False information.

17. A person shall not make any false or misleading statement in any information required or given for the purposes of, or in connexion with any matter arising under, the Act or these Regulations.

Penalty: Ten pounds.

 

THE SCHEDULES.

 

FIRST SCHEDULE. Reg. 8.

Section 53.—Fortnightly Contributions for Limited Pensions.

Age Next Birthday.

Widow’s Pension (Two Units).

Widow’s Pension (Two Units) and Children’s Pension (Half Unit Each Child).

Age Next Birthday.

Widow’s Pension (Two Units).

Widow’s Pension (Two Units) and Children’s Pension (Half Unit Each Child).

 

s.

d.

s.

d.

 

s.

d.

s.

d.

16........

1

7

1

10

28........

2

9

3

3

17........

1

8

1

11

29........

2

9

3

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18........

1

9

2

1

30........

2

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3

5

19........

1

10

2

1

31........

3

0

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20........

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11

2

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32........

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21........

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33........

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22........

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34........

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23........

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39........

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7


First Schedule—continued.

Section 53—Fortnightly Contributions for Limited Pensions—continued.

Age Next Birthday.

Widow’s Pension (Two Units).

Widow’s Pension (Two Units) and Children’s Pension (Half Unit Each Child).

Age Next Birthday.

Widow’s Pension (Two Units).

Widow’s Pension (Two Units) and Children’s Pension (Half Unit Each Child).

 

s.

d.

s.

d.

 

s.

d.

s.

d.

40........

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9

53........

7

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1

41........

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54........

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43........

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56........

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57........

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45........

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58........

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46........

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59........

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47........

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60........

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48........

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61........

19

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49........

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62........

25

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50........

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63........

36

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51........

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64........

69

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70

4

52........

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65........

71

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9

SECOND SCHEDULE. Reg. 9.

Section 60h (2).—Rates of Contributions to be Paid Fortnightly by Officers.

Ago Next Birthday.

First £52 Pension to Member : £26 to Widow : £13 to Each Child to Age 16.

Subsequent Increment, £52 Pension to Member : £26 to Widow.

 

s.

d.

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45 and over...........................

2

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THIRD SCHEDULE.

Reg. 9.

Section 60h (2).—Rates of Contributions to be Paid Fortnightly by Officers.

Age Next Birthday.

First £52 Pension to Member : £26 to Widow : £13 to Each Child to Age 16.

Subsequent Increments, £52 Pension to Member : £26 to Widow.

 

s.

d.

s.

d.

20.................................

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1

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31.................................

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32.................................

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34.................................

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35.................................

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44.................................

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45 and over...........................

2

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9

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Superannuation Regulations, 1942, were enacted under the authority of the Superannuation Act 1922-1942 to provide a comprehensive framework for the administration of superannuation contributions and benefits. These regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council and the recommendations of the Superannuation Board. They address the need for clear guidelines and procedures to facilitate the collection and distribution of superannuation funds, ensuring that both employees and employers understand their obligations and rights under the Act. The primary policy objective of these regulations is to establish a structured and efficient process for managing superannuation contributions, which includes specifying the timing and method of contributions, the conditions for various types of pensions, and the verification requirements for pensioners. The regulations also set out the rates of contributions for different categories of employees and officers, ensuring that the fund remains adequately funded to meet future pension liabilities.

Scope and Application

The Superannuation Regulations, made under the Superannuation Act 1922-1942, apply to employees who are required to contribute to a superannuation fund from the commencement of their employment. These Regulations outline the process for making superannuation contributions, including the timing of the first deduction from an employee's salary, which is to occur on the first pay day after the commencement of employment. The Regulations also specify the timeframes within which employees can make various elections related to their superannuation contributions, such as electing to contribute for additional units or half units, increasing the amount of their contributions, or electing to come under the Act for specific purposes. Additionally, these Regulations detail the contributions payable by officers, the payment of pensions, lump sum payments, and refunds of contributions, and the submission of evidence to satisfy the Superannuation Board regarding the status of pensioners. The Regulations provide detailed schedules for the calculation of fortnightly contributions for limited pensions and the rates of contributions to be paid by officers. The application of these Regulations is across the Commonwealth of Australia, as they are federal regulations. There are no explicit exclusions, exemptions, or thresholds mentioned in the Regulations themselves, although certain conditions and qualifications may apply as specified within the Act and these Regulations. The application of the Regulations may also be extended or restricted through subordinate instruments, as authorised under the Act.

Key Provisions

The Superannuation Regulations, which implement the Superannuation Act 1922-1942, establish various provisions concerning superannuation contributions, elections, and payments. Section 4 specifies that an employee's first contribution deduction must occur on the first payday following the commencement of their employment. Section 5 outlines a twelve-month period from either the date of commencement of these Regulations or the date an individual begins employment, within which an employee may elect to contribute additional units or half units. Section 6 provides that a contributor may elect to increase their contribution amount within twelve months of the approval of salary increases or the date such salary becomes payable, whichever is later, and must demonstrate their fitness for duty within six months of their election. Section 7 permits an employee to elect to come under the Act for the purpose of the difference within twelve months of commencing employment, while Section 8 allows for an election to come under the Act for a limited purpose within twelve months of commencing employment, with contributions detailed in the First Schedule. Contributions for officers under Part IVa are specified in Sections 9, which details the schedule based on when the obligation to contribute came into existence. These Regulations impose several obligations on the parties involved. Employees must ensure their first contribution is deducted from their salary on their first payday after employment commencement (Section 4). They also have a twelve-month window to elect additional contributions (Section 5) or to increase their contribution amount (Section 6), and must provide evidence of their fitness for duty within six months of their election (Section 6(2)). Employers are responsible for ensuring timely deductions as per Section 4. Furthermore, the Superannuation Board must verify the eligibility of pensioners and beneficiaries by requiring satisfactory evidence of their status (Section 13). Medical officers must be compensated as per the fee schedule outlined in Section 16. The Regulations also impose penalties for breaches. Section 17 explicitly states that providing false or misleading information in any matter related to the Act or these Regulations is an offence, with a penalty of ten pounds. This ensures the integrity of the information submitted to the Superannuation Board and other authorities under the Act.

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Area of Law
Superannuation Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Penalty Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.