Superannuation Regulations

STATUTORY RULES.

1952. No. 20.

REGULATIONS UNDER THE SUPERANNUATION ACT 1922-1951.*

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 1922-1951.

Dated this eighteenth

day of  March , 1952.

Governor-General.

By His Excellency’s Command,

Treasurer.

Superannuation Regulations.

Citation.

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

Repeal.

2. The Statutory Rules specified in the First Schedule to these Regulations are repealed.

Definition.

3. In these Regulations, “ the Act ” means the Superannuation Act 1922-1951.

Approved authorities.

4. The following Commonwealth authorities are approved authorities for the purposes of the Act :—

Australian Aluminium Production Commission.

Australian Canned Fruits Board.

Australian Dairy Produce Board.

Australian Egg Board.

Australian Meat Board.

Australian National Airlines Commission.

* Notified in the Commonwealth Gazette on , 1952.

333.—Price 5d. 9/11.2.1952.

Australian Whaling Commission.

Australian Wheat Board.

Australian Wine Board.

Australian Wool Board.

Australian Wool Realization Commission.

Commonwealth Scientific and Industrial Research Organization.

Dried Fruits Control Board.

Overseas Telecommunications Commission (Australia).

Snowy Mountains Hydro-electric Authority.

Trustees of the Services Canteens Trust Fund.

Manner of ascertaining annual salary for the purposes of section 13.

5. For the purposes of section 13 of the Act, the annual salary of an employee who is paid salary at a rate other than an annual rate of salary shall be ascertained by multiplying the weekly rate of salary or wages of the employee by fifty-two.

Prescribed times for the purposes of 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 is the period of twelve months after 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 he attains the maximum age for retirement, is the period of six months after the date of his election.

Prescribed times for the purposes of section 16B.

7.—(1.) The prescribed time for the purposes of sub-section (1.) of section 16b of the Act is the period of six months after the date upon which the increased contribution in respect of the additional unit or units becomes payable.

(2.) The prescribed time for the purposes of sub-section (2.) of section 16b of the Act is the period of six months after the date upon which the increased contribution in respect of the additional unit or units would have become payable had the contributor not completed his contributions in accordance with the provisions of the Act.

Prescribed authority for purposes of section 50.

8. The prescribed authority for the purposes of section 50 of the Act is—

(a) in the case of a person who was, at the date of his retirement, employed under the Commonwealth Public Service Act 1922 or under that Act as amended—the Public Service Board ; or

(b) in the case of a person who, at the date of his retirement was employed under any other Act—the authority constituted by the Act under which he was so employed.

Prescribed time for the purposes of section 52.

9. The prescribed time for the purposes of sub-section (1.) of section 52 of the Act is the period of twelve months after the date on which the employee commences his employment.

Prescribed time and rates for the purposes of section 53.

10.—(1.) The prescribed time for the purposes of sub-section (1.) of section 53 of the Act is the period of twelve months after the date on which the employee commences his employment.

(2.) The rates of contributions for the purposes of paragraph (a) of sub-section (2.) of section 53 of the Act shall be—

(a) in respect of a pension of two units for a widow or a pension of two units for a widow and a half unit for each child—in accordance with the rates specified in the Second Schedule to these Regulations ;

(b) in respect of a pension of one and a half units for a widow or a pension of one and a half units for a widow and a half unit for each child—in accordance with rates which are three-quarters of the rates specified in that Schedule ; or

(c) in respect of a pension of one unit for a widow or a pension of one unit for a widow and a half unit for each child —in accordance with rates which are one-half of the rates specified in that Schedule.

Public Service Superannuation Fund.

11. Each of the following funds or accounts is a Public Service Superannuation Fund for the purposes of the Act :—

(a) the Commonwealth Bank Officers’ Superannuation Fund established under the Commonwealth Bank Act 1945-1951 ;

(b) the Electricity Commission Provident Fund established by the State Electricity Commission constituted by the State Electricity Commission Acts of the State of Victoria ;

(c) the Government Railways Superannuation Account established by the Government Railways Act, 1912-1951 of the State of New South Wales ;

(d) the Local Government Provident Fund established by the Local Government and Other Authorities (Superannuation) Act, 1927-1948 of the State of New South Wales ;

(e) the Melbourne and Metropolitan Board of Works Superannuation Scheme established under the Melbourne and Metropolitan Board of Works Acts of the State of Victoria ;

(f) the Melbourne Harbour Trust Superannuation Account established under the Melbourne Harbor Trust Acts of the State of Victoria ; .

(g) the Papua and New Guinea Superannuation Fund established by the Superannuation (Papua and New Guinea) Ordinance 1951 of the Territory of Papua and New Guinea ; and

(h) the Superannuation Fund established by the Superannuation Ordinance 1928-1940 of the Territory of New Guinea.

Manner of ascertaining fortnightly salary for the purposes of section 60w.

12. For the purposes of section 60w of the Act, the fortnightly salary of a contributor to the Provident Account shall be ascertained—

(a) in the case of a contributor whose salary is paid at an annual rate—by dividing that annual rate by twenty-six ;

or

(b) in the case of a contributor who is paid salary or wages at a weekly rate—by multiplying that rate by two.

Manner of making elections.

13. An application, election or choice under the Act shall be made by instrument in writing addressed to the Board.

Payment of pensions.

14.—(1.) Pensions and other payments under the Act shall be authorized for payment in accordance with the provisions of the Treasury Regulations.

(2.) Pensions are payable on the Thursday of each fortnight which alternates with the Thursday on which salaries are paid to officers of the Public Service of the Commonwealth.

Payments by the Commonwealth to the Fund.

15. Payments by the Commonwealth to the Fund shall be made in accordance with the provisions of the Treasury Regulations on the day immediately following the day on which the pension or payment is made.

Evidence as to pensioners.

16. The Board may require—

(a) a person to whom, or in respect of whom, a pension is payable to submit evidence to the satisfaction of the Board that he is alive ;

(b) a person to whom a pension is payable as the widow of a contributor to submit evidence to the satisfaction of the Board that she has not re-married ; and

(c) a person to whom a pension is payable in respect of a child to submit evidence to the satisfaction of the Board that the child is alive, is in his care and is maintained by him.

False information.

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

Penalty : Ten pounds.

THE SCHEDULES.

FIRST SCHEDULE. Regulation 2.

SECOND SCHEDULE. Regulation 10.

Rates of Fortnightly Contributions for Limited Pensions for purposes of Section 53.

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