Superannuation (Transfer Arrangements) Regulations (Amendment)

Administered by Department of Finance

Legislation au F1996B00265 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES 1985 NO 74
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE

SUBJECT: SUPERANNUATION ACT 1976 - SUPERANNUATION (TRANSFER ARRANGEMENTS) REGULATIONS (AMENDMENT)

Section 168 of the Superannuation Act 1976 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters which the Act requires or permits to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

The Act makes provision for and in relation to an occupational superannuation scheme for persons employed by the Commonwealth, and for certain other persons.

Sub-section 126(2) of the Act provides that the regulations may make provision for modifying the Act, or a provision of the Act specified in the regulations, in the application of the Act or that provision to and in relation to a contributor under the Act who, at any time before he became a contributor, was a member of a superannuation scheme, or to and in relation to such a class of contributors. Sub-section 126(3) provides that the modifications may include, but are not limited to, modifications providing for the payment of contributions and benefits in addition to, or in substitution for, those provided under the Act.

Sub-section 168(3) provides that regulations made after 31 December 1978 by virtue of sub-section 126(2) may be expressed to have taken effect from and including a day not earlier than 12 months before the making of the regulations.

Regulations made by virtue of sub-section 126(2) are contained in the Superannuation (Transfer Arrangements) Regulations.

The Regulations amend the Superannuation (Transfer Arrangements) Regulations by inserting Schedule 5 to modify certain provisions of the Act in their application to Dr G.A. Ramsey who was appointed as a Commissioner of the Commonwealth Tertiary Education Commission on and from 1 July 1984 in accordance with section 10 of the Commonwealth Tertiary Education Commission Act 1977. In accordance with section 24 of that Act, Dr Ramsey also became Chairman of the Advanced Education Council of the Commission on and from 1 July 1984.


Dr Ramsey became a contributor under the Act on 4 December 1984 by virtue of a direction under section 14 of the Act. He had been a contributor under the South Australian State Superannuation Scheme from 1 February 1958. Following the cessation of his membership of the South Australian Scheme, he received a refund of his contributions.

It is intended that, provided Dr Ramsey pays to the Superannuation Fund the amount of his refund of contributions from the South Australian Scheme, the period from 1 February 1958 to 3 December 1984 be recognised as contributory service for the purposes of the Act.

Sections 127 and 128 of the Act provide that a person who becomes a contributor under the Act may pay to the Commissioner for Superannuation a transfer value from a superannuation scheme of which he was previously a member in exchange for a credit of a period of contributory service for the purposes of the Act. A transfer value is a lump sum benefit from the previous scheme that includes a component based on employer contributions and that was payable upon the termination of the employment to which the previous scheme related otherwise than on the ground of invalidity or physical or mental incapacity.

Section 129 of the Act enables a lump sum benefit from a previous scheme that does not form part of a transfer value to be paid into the Superannuation Fund and be treated as supplementary contributions.

Section 16 of the Act provides that a new contributor may be required to undergo a medical examination. Section 130 provides that section 16 does not apply in certain circumstances where a new contributor pays a transfer value to the Commissioner.

The Regulations modify sections 127 to 130 to provide that, if Dr Ramsey pays to the Commissioner for Superannuation the amount refunded to him from the South Australian State Superannuation Scheme:

 Dr Ramsey’s period of contributory service under the Act will be increased by the period from 1 February 1958 to 3 December 1984;

 the whole of the amount will be paid into the Superannuation Fund and be treated as basic contributions; and

 Dr Ramsey will not be required to undergo a medical examination.

The Regulations also omit section 129 as that section will not apply to Dr Ramsey.

The Regulations also repeal and remake Schedule 4 of the Superannuation (Transfer Arrangements) Regulations which modifies sections 127 to 130 of the Act in their application to Mr B.V. McKay who was appointed Director-General of Health on and from 10 September 1984. The Schedule includes modifications to sub-section 128(3) which provides that, in certain circumstances where a lump sum benefit becomes payable under the Act to a contributor, two-sevenths of a transfer value that had been paid to the Commissioner for Superannuation in respect of the contributor shall be deemed to be basic contributions. The remade Schedule will omit the sub-section as it is not appropriate that it apply to Mr McKay.

The Regulations relating to Dr Ramsey operate with effect from 4 December 1984, the date from which he became a contributor under the Act and those relating to Mr McKay operate from 10 September 1984, the date from which Schedule 4 was inserted in the Superannuation (Transfer Arrangements) Regulations.

Overview

The Superannuation (Transfer Arrangements) Regulations (Amendment) Statutory Rules 1985 No. 74, issued by the authority of the Minister for Finance, amends the existing regulations to address specific cases of contributors transferring from other superannuation schemes to the Commonwealth’s occupational superannuation scheme. Enacted in 1985, these amendments were designed to ensure that the transfer of superannuation benefits from other schemes to the Commonwealth scheme is handled smoothly and equitably for individual contributors. This was particularly important to ensure continuity and recognition of prior service for individuals transitioning between different superannuation arrangements. The regulations provide specific modifications to certain provisions of the Superannuation Act 1976, such as recognising prior service, treating refund contributions as basic contributions, and exempting certain contributors from medical examinations, thereby facilitating a seamless transfer process for those affected.

Scope and Application

The Superannuation (Transfer Arrangements) Regulations (Amendment) under the Superannuation Act 1976 provide specific modifications for contributors who have prior superannuation scheme memberships. These regulations particularly address the application of the Act to individuals who transition into the Commonwealth superannuation scheme from other schemes, such as Dr G.A. Ramsey, who was appointed as a Commissioner of the Commonwealth Tertiary Education Commission. The regulations enable the recognition of previous contributory service and the treatment of refunded contributions as basic contributions without requiring a medical examination. These amendments are effective from the date the individual becomes a contributor under the Act. Furthermore, the regulations adjust the application of the Act for Mr B.V. McKay, who was appointed Director-General of Health, by omitting certain provisions deemed inappropriate for his case. This ensures that the Act's provisions are tailored to the specific circumstances of each contributor, facilitating a smoother transition and ensuring compliance with the broader objectives of the Superannuation Act.

Key Provisions

The Superannuation (Transfer Arrangements) Regulations (Amendment), as detailed in Statutory Rules 1985 No. 74, introduce specific modifications to the Superannuation Act 1976 for particular contributors. Section 126(2) of the Act allows the Governor-General to make regulations to modify the Act in its application to contributors who were previously members of other superannuation schemes. In this instance, the regulations aim to recognise the contributory service of Dr. G.A. Ramsey and Mr. B.V. McKay under the Commonwealth scheme, given their previous membership in other superannuation arrangements. These regulations specifically target Dr. Ramsey and Mr. McKay. For Dr. Ramsey, if he pays the refunded contributions from his previous superannuation scheme to the Superannuation Fund, his period of contributory service under the Act will be extended to include the time from 1 February 1958 to 3 December 1984 (sections 127 and 128). The entire amount paid will be treated as basic contributions, and he will be exempt from the requirement to undergo a medical examination upon becoming a new contributor (sections 129 and 130). The regulations also omit section 129 in his case. Regarding Mr. McKay, the regulations remake and repeal Schedule 4 of the Superannuation (Transfer Arrangements) Regulations to modify sections 127 to 130 of the Act in his application. The remade Schedule omits a specific provision in sub-section 128(3) that would have applied to him, thereby ensuring that the regulations do not include inappropriate provisions for his case. These amendments impose specific obligations on Dr. Ramsey and Mr. McKay. For Dr. Ramsey, it is necessary to pay the refunded contributions from his previous superannuation scheme to the Superannuation Fund to recognise the extended contributory service. For Mr. McKay, the remade regulations ensure that certain provisions do not apply to him, as they are deemed inappropriate for his circumstances. Breach of these regulations or failure to comply with the specified obligations could result in legal consequences. Although the explanatory statement does not explicitly detail penalties for non-compliance, generally, failure to adhere to superannuation regulations can lead to financial penalties, legal action, or other civil or criminal consequences as prescribed under the Superannuation Act 1976. The exact penalties would depend on the nature and extent of the breach.

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Superannuation Law
Social Security Law
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Regulation
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