Superannuation Regulations

Legislation au C1926L00188 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1926. No. 188.

REGULATIONS UNDER THE SUPERANNUATION ACT 1922–1924.

WHEREAS by section 82 of the Superannuation Act 1922–1924, the Governor-General may, on the recommendation of the Superannuation Fund Management Board, constituted by the said Act, make Regulations for carrying out or giving effect to the Act:

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

Dated this tenth day of December, 1926.

F. J. Ross, President,

Superannuation Fund Management Board.

M. J. D. Page, Member,

Chas. H. Wickens, Member,

Approved in Executive Council this seventeenth day of December, 1926.

STONEHAVEN,

Governor-General.

By His Excellency’s Command,

THOS. W. CRAWFORD,

for 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 1922–1924.

Commencement of contributions.

3. Where under the Act—

(a) an employee is required to contribute to the fund from the date of the commencement of his employment; or

(b) contributions are payable as from the first day of a month, deductions from salary for the purposes of those contributions shall be first made on the first salary pay day occurring during the employment or on the first salary pay day in the month as the case may be.

Time for election under section 13.

4. 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.

C.18895—Price 3d.

5. 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:

Provided that where classification under section 27 of the Commonwealth Public Service Act of a section of the Commonwealth Service is gazetted subsequent to the 20th May, 1926, and the salary of a contributor in any such section has not been raised by the classification to a higher salary group, the time within which such contributor may elect in respect of the increase that raised his salary to his present salary group, shall be extended to three months from the commencement of these Regulations, or three months from the publication in the Gazette of such classification, whichever period terminates last.

Contributions where salary reduced.

6. Where the salary of a contributor is reduced from one salary group to another salary group, the number of units for which he is compelled to contribute shall be reduced, on and from the first pay day after the reduction, to the number appropriate to the salary group to which his salary has been reduced.

Time for election under sub-section 4 of section 52.

7. 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 purposes of the “difference” as defined under sub-section (4) of that section, shall be three months from the date of the employee’s entry into the Service.

Time for election under sub-section (5) of section 52.

8. 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 purposes of the “difference” may elect under sub-section (5) of that section, shall be three months from the date of the first payment of salary at the increased rate.

Election under section 53.

9. 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 three months from the date of the employee’s entry into the Service.

Contributions under section 53.

10. The contributions which shall be paid by an employee in respect of a pension under paragraph (a) of sub-section (2) of section 53 of the Act shall be in accordance with the table of contributions set out in Schedule I. to these Regulations.

Contributions by air officers.

11. The contributions which shall be paid by an Air 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.

12. (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.

13. (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.

14. (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.

15. 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.

16. (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.

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

Payment of Commonwealth’s contribution.

18. 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.

Payments to others than principals.

19. Where in the opinion of the Board payment of pension or other benefit under the Act should be made to a person other than the pensioner or beneficiary, and payment to such person is not provided for under, and is not inconsistent with the provisions of, the Act, the Board may authorize payment to such person accordingly.

Fee to medical officer for report under section 77.

20. 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.

False information.

21. Any employee or pensioner 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.

Cancellation of pensions.

22. If in the opinion of the Board—

(a) the health of any pensioner to whom a pension under section 30 or 37 is being paid, has become so restored as to enable him to perform his duties; or

(b) the degree of invalidity or incapacity in relation to civil employment, of any pensioner to whom a pension is being paid under section 60n, 60o, or 60r, is less than 10 per cent.,

and suitable employment under the Commonwealth cannot be offered to him, but who is engaged in other employment at a remuneration not less than two-thirds of his salary at the time of his retirement, the Board may cancel the pension and thereupon it shall cease to be payable.

23. The Superannuation Regulations (being Statutory Rules 1923, No. 167 as amended by 1924, No. 195, and 1925, No. 84) 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 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.

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SCHEDULE II

Section 60h (2).—Rates of Contribution 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.)

Special Contribution to Cover Aviation Risk. (4.)

 

s.

d.

s.

d

5s. per fortnight additional in respect of each unit of £26 contributed for in the case of an officer who, as part of his duty, is liable to be engaged in flying operations.

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Printed and Published for the Government of the Commonwealth of Australia by H. J. Green. Government Printer for the State of Victoria.

Overview

The Superannuation Regulations, enacted in 1926 under the Superannuation Act 1922–1924, aim to provide detailed guidelines for the implementation of superannuation contributions and benefits. These regulations were introduced to address the need for a structured approach to managing superannuation funds, ensuring that contributions are properly collected and pensions are accurately paid. The enactment of these regulations was carried out by the Superannuation Fund Management Board, as recommended to the Governor-General. The policy objective outlined in the regulations is to ensure the effective management and distribution of superannuation funds, providing financial security for employees and their dependants in retirement or in cases of disability.

Scope and Application

The Superannuation Regulations 1926 are made under the Superannuation Act 1922–1924, which applies to Commonwealth employees and their pensions. The Regulations provide detailed provisions regarding the deduction and payment of superannuation contributions, the calculation of pension benefits, and the administration of the Superannuation Fund. The Regulations apply to all employees covered by the Superannuation Act, including both Commonwealth public servants and other Commonwealth employees. The Superannuation Regulations establish the framework for the collection of superannuation contributions from employees' salaries, specifying the timing and method of deductions, as well as the payment of contributions to the Superannuation Fund. The Regulations also detail the calculation of pension benefits, including the circumstances under which pensions may be increased or reduced, and the conditions for the payment of pensions to beneficiaries. Furthermore, the Superannuation Regulations outline the administrative processes for the management of the Superannuation Fund, including the keeping of records, the payment of pensions, and the auditing of accounts. The Regulations also address the consequences of false information and the cancellation of pensions under certain circumstances. The Superannuation Regulations are applicable nationally across Australia, as they are made under the Commonwealth Superannuation Act, and apply to all Commonwealth employees regardless of the state or territory in which they are employed. The Regulations are extensive in their scope and detail, with provisions that cover almost every aspect of superannuation for Commonwealth employees, from the calculation of contributions to the administration of pensions.

Key Provisions

The Superannuation Regulations, made under the Superannuation Act 1922–1924, govern the contribution and payment mechanisms for superannuation funds. The regulations stipulate that contributions for employees must begin either from the date of their employment or the first day of a month, with deductions made on the first salary pay day thereafter (s. 3). Employees are given a period of twelve months from the commencement of these regulations or from the start of their employment, whichever is later, to elect to contribute for additional units or half units (s. 4). For contributors whose salaries are increased, they have twelve months from the date the salary increase is actually paid to elect to increase their contribution amount (s. 5). However, if a salary increase results from a classification gazetted after 20 May 1926, the contributor has an extended period of three months from the commencement of these regulations or from the publication of the classification, whichever is later (s. 5). The regulations impose specific obligations on employers and employees. Employers must ensure that contributions are deducted from the salaries of contributors and that these deductions are separately shown in the salary registers and pay sheets of the respective departments (s. 12). Furthermore, employers are required to remit these contributions fortnightly to the Collector or Receiver of Public Moneys for credit to the fund (s. 13). Employees, on the other hand, must ensure that their contributions are paid as per the stipulated rates and within the specified timelines. Breaches of these regulations are subject to penalties and consequences. For instance, any employee or pensioner who provides false information in connection with any matter under the Act or these regulations commits an offence and is liable to a penalty of ten pounds (s. 21). Additionally, the Superannuation Fund Management Board has the authority to cancel pensions if the health of a pensioner has sufficiently restored to the point where they can perform their duties, or if the degree of invalidity or incapacity of a pensioner falls below 10% and suitable employment under the Commonwealth cannot be offered (s. 22). Such cancellation results in the pension ceasing to be payable.

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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.