Superannuation (Salary) Regulations (Amendment) 1994 No. 249
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 249
Issued by the authority of the Minister for Finance
Superannuation Act 1976
Superannuation (Salary) Regulations (Amendment)
The Superannuation Act 1976 (the Act) makes provision for and in relation to an occupational superannuation scheme for certain Commonwealth employees and other persons.
Section 168 of the Act provides that the Governor-General may make regulations for the purposes of the Act.
Section 5 of the Act provides that regulations may make provision in relation to a person's annual rate of salary for the purposes of the Act. Regulations for the purposes of section 5 are contained in the Superannuation (Salary) Regulations (the Principal Regulations).
Special superannuation arrangements operate for Commonwealth employees transferred to State employment as a consequence of the transfer of Commonwealth Repatriation institutions to State control. The arrangements make provision for the annual rate of salary of members of the CSS to include the income supplementation paid to staff of Repatriation institutions transferred to State control.
To give effect to the superannuation arrangements for staff of Repatriation institutions, Statutory Rules 1992 No. 219 amended the Principal Regulations to allow the income supplementation, paid to staff of Repatriation institutions transferred to State control who are taken to have resigned from the Australian Public Service in accordance with subsection 14(2) of the Repatriation Institutions (Transfer) Act 1992, to be included in their annual rate of salary if they remain members of the CSS. Statutory Rules 1992, No. 219 commenced on 1 July 1992.
The Repatriation Institutions (Staff) Bill 1991 (the Repatriation Bill) was first presented to Parliament in 1991 and passed by the House of Representatives in November 1991. The Senate amended the Repatriation Bill in 1992 including the insertion of a new clause. The Repatriation Bill with amendments was represented to the House and was agreed to by the House. It was assented to on 17 June 1992 as the Repatriation Institutions (Transfer) Act 1992. Because of the insertion of a new clause, the provisions contained in the Repatriation Bill were renumbered such that, for example, clause 14 became clause 15.
When the Principal Regulations were amended by Statutory Rules 1992, No. 219, reference was made to the Repatriation Institutions (Transfer) Act 1992. However, the need to refer to subsection 15(2) instead of subsection 14(2) of that Act was not recognised at that time.
The regulations amend the Principal Regulations by replacing the reference to subsection 14 (2) of the Repatriation Institutions (Transfer) Act 1992 with a reference to subsection 15(2) of that Act.
The regulations commence on gazettal.
Overview
The Superannuation (Salary) Regulations (Amendment) 1994 No. 249 was enacted to address a legislative oversight identified in the original amendment to the Superannuation (Salary) Regulations in 1992. This amendment was necessary due to the renumbering of clauses in the Repatriation Institutions (Transfer) Act 1992, which was passed to facilitate the transfer of Commonwealth Repatriation institutions to State control. The amendment corrects a reference in the Principal Regulations from subsection 14(2) to subsection 15(2) of the Repatriation Institutions (Transfer) Act 1992, ensuring consistency and accuracy in the application of the superannuation arrangements for staff of the Repatriation institutions. The regulations were made under the authority of the Minister for Finance and aim to maintain the integrity of the superannuation scheme for affected employees. These regulations, issued as Statutory Rules 1994 No. 249, commenced upon gazettal to promptly address the identified discrepancy.
Scope and Application
The Superannuation (Salary) Regulations (Amendment) 1994 No. 249 amends the Superannuation (Salary) Regulations, which are subsidiary legislation made under the Superannuation Act 1976. The Act primarily concerns the establishment and operation of an occupational superannuation scheme for certain Commonwealth employees and other individuals. These regulations specifically address the determination of an individual's annual rate of salary, a crucial factor in calculating their superannuation contributions. The amendment rectifies a reference error in the previously enacted Statutory Rules 1992 No. 219, ensuring that the correct subsection of the Repatriation Institutions (Transfer) Act 1992 is cited. This amendment is necessary to accurately reflect the legislative changes made when the Repatriation Bill was amended and assented to, thus ensuring that the income supplementation paid to staff of Repatriation institutions transferred to State control is correctly included in their annual rate of salary if they remain members of the Commonwealth Superannuation Scheme. The amendment applies to individuals affected by the transfer of Commonwealth Repatriation institutions to State control and who are members of the Commonwealth Superannuation Scheme.
Key Provisions
The Superannuation (Salary) Regulations (Amendment) 1994 No. 249 primarily amend the existing Superannuation (Salary) Regulations under the Superannuation Act 1976. Section 168 of the Superannuation Act 1976 empowers the Governor-General to make regulations, and these amendments are made pursuant to that authority. Section 5 of the Act provides for the inclusion of a person's annual rate of salary for superannuation purposes, which is further detailed in the Principal Regulations. The amendment corrects a reference within the Principal Regulations, updating the citation from subsection 14(2) to subsection 15(2) of the Repatriation Institutions (Transfer) Act 1992. This change addresses a discrepancy that arose from the renumbering of clauses in the Repatriation Bill when it was enacted as the Repatriation Institutions (Transfer) Act 1992.
These amendments impose specific obligations on entities governed by the Principal Regulations, particularly those involved in the superannuation arrangements for staff of Repatriation institutions. The regulations require accurate referencing to ensure that the correct subsection of the Repatriation Institutions (Transfer) Act 1992 is applied. This includes ensuring that income supplementation for staff who were transferred to State employment and remained members of the Commonwealth Superannuation Scheme is correctly included in their annual rate of salary for superannuation purposes. The amendment clarifies that the correct subsection (15(2)) should be referenced, ensuring that the regulations align with the legislative framework established by the Repatriation Institutions (Transfer) Act 1992.
Breach of the regulations could potentially lead to inaccuracies in the calculation of superannuation contributions, which may have legal and financial repercussions for the affected parties. While the regulations themselves do not specify explicit offences or penalties, any resulting inaccuracies could be subject to review and correction by relevant authorities, potentially leading to adjustments in superannuation payments. The accuracy of these calculations is crucial for compliance with superannuation laws and ensuring that both employers and employees receive the correct benefits.