Superannuation Regulations

Legislation au C1930L00145 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1930. No. 145.

 

REGULATIONS UNDER THE SUPERANNUATION ACT 1922-1930.

WHEREAS by section 82 of the Superannuation Act 1922-1930, the Governor-General may, on the recommendation of the Superannuation Board, constituted by the said Act, make Regulations for carrying out or giving effect to the Act:

Now, therefore, the Superannuation Board recommends to the Governor-General that the following Regulations be made, to come into operation forthwith.

Dated this twentieth day of November, 1930.

F. J. Ross, President, Superannuation

M. J. D. Page, Member, Board.

Chas. H. Wickens, Member,

Approved in Executive Council this ninth day of December, 1930.

SOMERS

Administering the Government of the

Commonwealth of Australia.

By His Excellency’s Command.

J. A. LYONS

Acting Treasurer.

 

Superannuation Regulations.

Short title.

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

Interpretation.

2. In these Regulations, unless the contrary intention appears —

“The Act” means the Superannuation Act 1922-1930.

Commencement of contributions.

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

Election under section 12 (3).

4. The time within which an employee or pensioner to whom sub-section (3) of section 12 of the Act applies may elect to contribute for additional units of pension shall be twelve months from the 9th August, 1930, or twelve months from the date upon which his salary was increased as specified in that sub-section, whichever is the later.

Election under section 13 (2).

5. The time within which an employee may elect under sub-section (2) of section 13 of the Act to contribute for additional units or half units, shall be twelve months from the commencement of these Regulations, or twelve months from the commencement of his employment, whichever is the later.

Election under section 13 (4) (a).

6. The time within which a contributor to whom paragraph (a) of sub-section (4) of section 13 of the Act applies may 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 actually made.

Contributions where salary reduced.

7. Where the salary of a contributor is reduced from one salary-group to another salary-group, necessitating a reduction in the number of units for which he is contributing, such reduction shall take effect on and from the first pay day after the reduction of the salary.


Election under section 52(1).

8. The time within which an employee having rights under any other Act or State Act may elect under section 52 of the Act to come under the Act for the purpose of the “difference” as defined in sub-section (4) of that section, shall be twelve months from the date of commencement of these Regulations or twelve months from the commencement of his employment whichever is the later.

Election under section 52 (5).

9. The time within which an employee who has rights under any other Act or State Act, and who has elected under section 52 of the Act to come under the Act for the purpose of the “difference” may elect under sub-section (5) of that section, shall be twelve months from the date upon which payment of salary at the increased rate is actually made.

Election under section 53.

10. The time within which an employee may elect under section 53 of the Act to come under the Act for the limited purposes specified in sub-section (1) of that section, shall be twelve months from the commencement of these Regulations or twelve months from the commencement of his employment whichever is the later.

Contributions under section 53.

11. The contributions which shall be paid by an employee in respect of a pension under section 53 of the Act, shall be in accordance with the table of contributions set out in Schedule I. to these Regulations.

Contributions by officers. Section 60H (2).

12. The contributions which shall be paid by an officer who is a contributor under Part IVa. of the Act in respect of a pension under section 60j of the Act, shall be in accordance with the table of contributions set out in Schedule II. to these Regulations.

Deduction of contributions.

13.—(1.) The contributions deducted from the salaries of contributors shall be separately shown in the salary register and the pay sheets of the respective Departments in which the contributors are employed.

(2.) Where a contribution includes a fraction of a penny amounting to a halfpenny or more, the next higher penny shall be deducted.

Contributions to be deducted fortnightly.

14.—(1.) Deductions made for the purposes of the Act and these Regulations shall be paid each fortnight to the Collector or Receiver of Public Moneys, to whom the collections of the Department are usually paid, for credit to the Fund.

(2.) The total of each fortnightly payment of contributions shall be balanced or reconciled with the total pension deductions shown in the Salary Registers for the relative fortnight.

Payment of pensions.

15.—(1.) Pensions granted in pursuance of the Act shall be paid by the Sub-Treasury in the State in which the pensioner resides.

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

Pensions Register.

16. A Pensions Register, in card form, shall be kept in each Sub-Treasury, and in the event of a pensioner removing to another State, the pensioner’s card shall be transferred to the Sub-Treasury in that State.

Method of payment of pension.

17. — (1.) Pensioners shall not be required to submit accounts for payment, but claims shall be prepared in the Sub-Treasury each fortnight.

(2.) Pensions shall be paid by means of non-negotiable cheques made payable to Order.

Definition of “one day’s pension”.


18. One day’s pension shall be one-fourteenth of the fortnightly pension.

Payment of Commonwealth’s contribution.

19. Immediately after each pension pay day, the proportion of pensions and refunds of contributions payable by the Commonwealth shall be paid to the Fund by the Sub-Treasury in each State.

Prescribed authority under section 50.

20. The prescribed authority who shall be informed in accordance with section 50 of the Act of the restoration of the health of a pensioner to whom a pension under section 30, 37, 60n or 60o is being paid shall be the principal officer administering the Act under which the pensioner was employed at the date of his retirement.

Fee to medical officer for report under section 77

21. The fee payable to a medical officer appointed under section 77 of the Act for the purpose of reporting upon a case in which a question of invalidity or physical or mental incapacity arises, shall be £2 2s.

Actuarial equivalents section 82 (b).

22. — (1.) The data in respect of mortality, conjugal condition, dependent children, and invalidity to be employed in determining actuarial equivalents for the purposes of the Act shall be as follows:—

Mortality—Am and Af Life Tables based on mortality experience for Australia, 1901-10.

Conjugal condition—Tables relating to conjugal conditions contained in the Commonwealth Statistician’s Report on the Australian Census of 1911.

Dependent children—Tables relating to dependent children contained in the Commonwealth Statistician’s Report on the Australian Census of 1911.

Invalidity—Experience of the New South Wales Railway and Tramway Services (1891 to 1906) in so far as such experience is, in the opinion of the Staff Actuary of the Board, applicable.

(2.) The rate of interest to be employed in determining actuarial equivalents for the purposes of the Act shall be 4 per centum per annum.

(3.) Where benefits payable in the future are to be substituted for others to which an employee is entitled, provision shall be made—

(a) for invalidity pension equal in amount to superannuation benefit;

(b) for widow’s pension equal to one-half of amount of superannuation benefit; and

(c) for children’s benefits of £13 per annum in respect of each child.

False information Section 82 (d)

23. Any employee or pensioner or other person who in any information required or given in connexion with any matter or thing, under the Act or these Regulations, makes any statement or declaration which is false, shall be guilty of an offence.

Penalty: Ten pounds.

Repeal.

24. The Superannuation Regulations (being Statutory Rules 1926, No. 188 as amended by Statutory Rules 1928, No. 24) are repealed as from the commencement of these Regulations.

 

THE SCHEDULES.

SCHEDULE I.

Section 53 –– Fortnightly Contributions for Limited Pensions.

Age next Birthday.

Widow’s Pensions (Two Units).

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

Age next Birthday.

Widow’s pensions (Two units).

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

 

s.

d.

s.

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d.

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9

SCHEDULE II.

Section 60h (2.)—Rates of Contributions to be paid fortnightly by Air officers.

Age next Birthday.

(1.)

First £52 Pension to Contributor upon Invalidity. (2.)

Subsequent £52 pension to Contributor, (3.)

 

s.

d.

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By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Superannuation Regulations 1930 were enacted to provide detailed rules and guidelines for the administration and operation of the Superannuation Act 1922-1930. These regulations were introduced to address the need for clarity and precision in the implementation of superannuation schemes, ensuring that contributions and benefits are calculated and distributed accurately. The Superannuation Regulations were made under the authority of the Governor-General, on the recommendation of the Superannuation Board, as outlined in section 82 of the Superannuation Act. The policy objective of these regulations was to establish a structured and systematic approach to the management of superannuation funds, ensuring that both employees and the Commonwealth could benefit from a well-organised and fair retirement benefits system.

Scope and Application

The Superannuation Regulations, made under the Superannuation Act 1922-1930, apply to employees and pensioners in Australia, providing detailed guidelines on the timing and amount of contributions to the Superannuation Fund. These regulations govern the process for deducing contributions from employees' salaries and the payment of pensions, establishing the timeframes for various elections and adjustments related to pension contributions. The regulations also detail the method of payment for pensions, the definition of a one-day pension, and the process for calculating actuarial equivalents used in determining benefits. Notably, the regulations specify the penalties for providing false information in connection with the Act or these regulations. The Superannuation Regulations replace previous regulations, ensuring that all provisions are updated and streamlined to comply with current standards and practices.

Key Provisions

The Superannuation Regulations, made under the Superannuation Act 1922-1930, provide detailed guidance on the implementation and operation of the superannuation scheme. The regulations define the timing and method of contributions to the superannuation fund by employees and officers. Specifically, Section 3 mandates that deductions from salary for superannuation contributions begin on the first salary payday during employment. Employees and pensioners have the option to elect to contribute for additional units of pension within specific timeframes as outlined in Sections 4, 5, 6, 8, 9, and 10, which vary depending on the context of salary changes or commencement of employment. The Act imposes obligations on both employers and employees. Employers must ensure that superannuation contributions are deducted from employees' salaries as per Section 13, and these contributions must be paid fortnightly to the Collector or Receiver of Public Moneys, as stipulated in Section 14. Employers must also keep accurate records of these deductions, as indicated in Section 13(1). Employees, in turn, must comply with the timelines for making elections regarding their superannuation contributions as specified in the aforementioned sections. Furthermore, Section 20 requires that the prescribed authority be informed of the restoration of a pensioner's health. The regulations also establish consequences for providing false information in connection with the Act or the regulations. Section 23 states that any person found guilty of making a false statement or declaration is liable to a penalty of ten pounds. This penalty underscores the importance of accuracy and honesty in all dealings related to superannuation. In summary, the Superannuation Regulations provide a comprehensive framework for the administration of superannuation contributions, detailing the timing, method, and obligations of both employers and employees. Failure to comply with these regulations can result in financial penalties, reinforcing the importance of adherence to the stipulated provisions.

Legal classification tags

Area of Law
Superannuation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Reporting & Disclosure Obligations
Contributions
Penalty Provisions
Repeal & Amendment

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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.