Commonwealth Consolidated Acts

SUPERANNUATION ACT 1922

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Operation of this Act on or after 1 July 2011  
   4.      Interpretation  
   4AA.    Members of the Defence Force  
   4A.     Salaries of officers in First Division of Public Service and statutory offices  
   5.      Medical examination of employees  
   6.      Application of the Criminal Code  
   7.      Superannuation provision for certain persons by way of life assurance  

   PART III--CONTRIBUTIONS

           Division 1--Contributions by employees

   19.     Commencement and cessation of contributions  
   19A.    Contributions not payable on or after 1 July 1976  

           Division 2--Units of pension

   20.     Units of pension  
   20AA.   Obligation to make additional contributions after 4 February 1976  
   20AB.   Elections consequential upon operation of section 20AA  
   20A.    Rights of employees over 40 years of age  
   20B.    Effect of reduction in salary or prescribed amount  
   21.     Exemption of employee who has made adequate provision  
   22.     Interpretation  

           Division 2A--Non-contributory units of pension

   22A.    Election to take up rejected units as non - contributory units  
   22B.    Election by certain contributors to convert existing units to non - contributory units  
   22C.    Election to take up units as non - contributory units where salary increased after attainment of maximum age for retirement  
   22D.    Election ineffective if number of contributory units is, or falls below, number of initial units  
   22E.    Election ineffective if number of contributory units is, or falls below, one - half of full unit entitlement  
   22F.    Effect of election  
   22G.    Cessation of non - contributory units where contributor exempted from contributing for more than two units  
   22H.    Election not to contribute for units, or to contribute for units at age sixty - five rates, ineffective in certain cases  
   22J.    Election to reduce contributory units ineffective in certain cases  
   22K.    References to full unit entitlement  
   22L.    Effect of certain elections in relation to elections to take up non - contributory units  
   22M.    Deferred contributions  

           Division 3--Scale of contributions by employees

   23.     Contributions by employees  
   24.     Election to contribute for full pension at 60 years of age  
   25.     Election to contribute for additional units at 65 years of age  

           Division 4--Contributions for additional benefits for widows

   26.     Additional contributions by existing contributors  
   27.     Additional contributions by certain pensioners who become re - employed  
   28.     Cessation of additional contributions  

           Division 5--Reserve units of pension

   29.     Reserve Units of Pension Account  
   30.     Contributions for reserve units of pension  
   30A.    Completion of contributions for reserve unit  
   31.     Transfer of contributions to Superannuation Fund  
   32.     Discontinuance of contributions for reserve units  

           Division 6--Contributions by the Commonwealth

   33.     Payments out of Consolidated Revenue Fund  

           Division 7--General provisions as to contributions

   34.     Employees on leave of absence  
   35.     Manner of payment--deduction from wages or salaries  
   35A.    Deferment of contributions of contributors under Defence Force Retirement and Death Benefits Act  
   35B.    Order in which reduction of contributory units to take effect  
   36.     Salary  

   PART IV--PENSIONS--AND BENEFITS

           Division 1--Retirement on pension

   37.     Age of compulsory retirement  
   38.     Breakdown, retirement  
   39.     Retrenchment  
   40.     Dismissal  
   41.     Compulsory termination of service of certain contributors for whom no retiring age is fixed by law  
   41A.    Voluntary termination of service  
   41B.    Holders of statutory offices  

           Division 2--Grant of pensions and benefits

   42.     Value of units of pension  
   43.     Amount of pension on retirement in respect of units other than non - contributory units  
   43A.    Additional pension in respect of non - contributory units  
   44.     Contributor remaining in Service after attaining maximum age for retirement  
   45.     Retirement through invalidity--amount of pension  
   46.     Pension to spouse and children on death of contributor  
   47.     Pension to spouse and children on death of pensioner  
   48.     Pension to orphans on death of contributor or pensioner  
   48AA.   Restoration of widow's or widower's pension previously cancelled on remarriage  
   48AB.   Special grants of pension  
   48ABA.  Deceased pensioner survived by more than one spouse  
   48AC.   Minimum pension rates payable in respect of children  
   48AD.   Application of section 47 on and after 1 July 1976  
   48A.    Pension not payable in respect of children in certain circumstances  
   48B.    Pension not payable in certain circumstances  
   48C.    Pension to or in respect of certain contributors under Defence Force Retirement and Death Benefits Act  
   49.     Refund of contributions on death of contributor without dependants  
   50.     Choice of benefits for contributor who is retrenched  
   51.     Refund of contributions in event of resignation, dismissal or discharge  
   52.     Rights of contributors who resign to contest elections  
   53.     Certain contributors who change the nature of their employment to continue as contributors  
   54.     Desertion by pensioner of spouse or child  
   58.     Payments to children  
   59.     Period for which pensions payable  
   60.     Payment of pension instalments  
   61.     Minimum pension  
   62.     Payment to person other than pensioner  

           Division 5--Existing pension rights

   66.     Application of Division  
   67.     Certain pensioners who become employees not to contribute except in respect of difference  
   68.     Rights under other Acts and State Acts  
   69.     Election to come under Act for difference  
   70.     Right of employee not electing under section 69 to come under Act for limited purposes  
   71.     Exchange of pension rights for equivalent rights under this Act  
   72.     Employee having right to refund or gratuity under other law may exchange his rights for equivalent rights under this Act  
   73.     Increase in certain pensions  

           Division 6--Assurance policies

   74.     Transfer of policies to Board  

   PART V--THE--PROVIDENT ACCOUNT

   79.     Contributors to Provident Account  
   79A.    Contributions not payable on or after 1 July 1976  
   80.     Contributions to Provident Account  
   80A.    Obligation to make contributions where salary increased after 4 February 1976  
   81.     Election to contribute to Provident Account  
   82.     Payments on retirement  
   83.     Payment on death of contributor with dependants  
   83A.    Payment on death or invalidity in certain circumstances  
   84.     Payment on death of contributor to Provident Account without dependants  
   85.     Payments on resignation or dismissal  
   86.     Certain contributors to the Provident Account who change the nature of their employment to continue as contributors  
   87.     Retrenchment  
   87A.    Dismissal  
   87B.    Compulsory termination of service of certain contributors to Provident Account for whom no retiring age is fixed by law  
   87C.    Voluntary termination of service  
   87D.    Holders of statutory offices  
   88.     Rights of contributors to Provident Account who resign to contest elections  
   89.     Payment to other person  
   90.     Rate of interest  
   91.     Commencement of benefit  
   92.     Payments out of Consolidated Revenue Fund to Provident Account  
   93.     Determination of annual salary  

   PART VA--FAMILY--LAW SUPERANNUATION SPLITTING

           Division 1--Preliminary

   93DA.   Definitions  

           Division 2--Benefits for non-member spouse

   93DB.   Associate pension for non - member spouse  
   93DC.   Commutation of small associate pension  

           Division 3--Reduction of benefits for member spouse

   93DD.   Reduction of standard pension  

           Division 4--Miscellaneous

   93DE.   Ministerial Orders  

   PART VIA--SPECIAL--PROVISIONS IN RELATION TO CERTAIN EMPLOYEES FORMERLY IN PRIVATE EMPLOYMENT

           Division 1--Preliminary

   100A.   Interpretation  

           Division 2--The Superannuation Fund

   100B.   Definition  
   100C.   Contributions for pension by relevant employee  
   100D.   Payment of prescribed amount to Board  
   100E.   Refunds of contributions to prescribed employees  
   100F.   Preservation of other superannuation rights  
   100G.   Increased contributions by the Commonwealth  
   100H.   Certain amounts to be paid by the Commonwealth to the Fund  
   100J.   Rights of certain relevant employees  

           Division 3--The Provident Account

   100K.   Definition  
   100L.   Contributions by certain relevant employees to Provident Account  

           Division 4--Miscellaneous

   100M.   Full - time employment otherwise than as contributor to superannuation scheme  
   100N.   Prescribed employee to furnish Board with authority to obtain certain information  
   100P.   References to Board  

   PART VII--SPECIAL--PROVISIONS IN RELATION TO CERTAIN FORMER STATE EMPLOYEES

   101.    Definitions  
   102.    Superannuation rights and obligations of persons formerly employed by States  
   104.    Payments on retrenchment, resignation, dismissal or discharge  
   105.    Certain amounts to be paid out of Consolidated Revenue Fund to Superannuation Fund  
   106.    Increased contributions out of Consolidated Revenue Fund  
   107.    Payment into the Fund of amounts received in respect of past contributions  

   PART VIIA--SPECIAL--PROVISIONS IN RELATION TO CERTAIN EMPLOYEES WHO TRANSFER FROM STATE EMPLOYMENT

           Division 1--Preliminary

   107A.   Interpretation  

           Division 2--The Superannuation Fund

   107B.   Definition  
   107C.   Contributions for pension by State employees  
   107D.   Prescribed employees contributing for restricted benefits  
   107E.   Prescribed amount paid to Board  
   107F.   Refunds of contributions to prescribed employees  
   107G.   Preservation of other superannuation rights  
   107H.   Increased contributions by the Commonwealth  
   107J.   Certain amounts to be paid by the Commonwealth to the Fund  
   107K.   Rights of certain State employees  

           Division 3--The Provident Account

   107L.   Definition  
   107M.   Provident Account contributions by State employees  

           Division 4--Miscellaneous

   107N.   Full - time employment otherwise than as contributor to State Fund  
   107P.   References to Board  

   PART VIII--SPECIAL--PROVISIONS IN RELATION TO CERTAIN FORMER CONTRIBUTORS TO PUBLIC SERVICE SUPERANNUATION FUNDS

   108.    Interpretation  
   108A.   Application  
   109.    Former contributors to Public Service Superannuation Funds who elect to pay refunds to Board  
   110.    Former contributors to Public Service Superannuation Funds who do not elect to pay refunds to Board  
   110A.   Determination in respect of employee who has not elected under section 24  
   110B.   Board to make determinations on actuarial advice  
   110C.   Part VIII not to apply in certain cases  
   110D.   Application of this Part on and after 1 July 1976  

   PART IX--SPECIAL--PROVISIONS IN RELATION TO CERTAIN FORMER CONTRIBUTORS TO THE DEFENCE FORCES RETIREMENT BENEFITS FUND

   111.    Application of Part  
   112.    Contributions  
   113.    Additional contributions  
   114.    Date of becoming an employee or contributor for certain purposes  
   115.    Certain amounts to be paid out of Consolidated Revenue Fund to the Superannuation Fund  

   PART X--SPECIAL--PROVISIONS IN RELATION TO CERTAIN MEMBERS OF THE POLICE FORCE OF THE AUSTRALIAN CAPITAL TERRITORY

   116.    Interpretation  
   117.    Superannuation rights and obligations of certain members of the Australian Capital Territory Police Force  
   118.    Retrenchment  
   119.    Payments to be made out of Consolidated Revenue Fund to the Superannuation Fund  

   PART XA--PRESERVATION--OF RIGHTS OF CERTAIN CONTRIBUTORS AND FORMER CONTRIBUTORS

           Division 1--Preliminary

   119A.   Interpretation  
   119B.   Determinations by the Board  

           Division 2--Employees who have preserved rights from previous employment

   119C.   Application of Division to former contributors to Provident Account  
   119D.   Transfer value payable in respect of previous employment  
   119E.   Pension payable in respect of previous employment  
   119F.   Deferred benefits applicable in respect of previous employment  
   119G.   Declaration by employee who has previously been in employment  
   119H.   Contributors with superannuation rights from previous employment  
   119J.   Rights of contributors who elect to pay transfer value to Board  
   119K.   Rights of contributors in other cases  
   119L.   Matters to be taken into account by actuary in furnishing advice to Board  
   119M.   Exemption of certain employees from medical examination  
   119MA.  Application of Division on and after 1 July 1976  

           Division 3--Preservation of rights of persons ceasing to be contributors

   119N.   Interpretation  
   119P.   Eligible employment  
   119Q.   Public employment  
   119R.   Eligible superannuation schemes  
   119S.   Transfer value  
   119T.   Deferred benefits  
   119U.   Election that Division apply  
   119V.   Circumstances in which transfer value payable  
   119W.   Circumstances in which person entitled to deferred benefits  
   119WA.  Medical examination etc. of persons to whom deferred benefits by way of pension are payable under section 119W  
   119WB.  Cancellation of pension where pension suspended for 12 months etc.  
   119WC.  Election for transfer value by persons in relation to whom deferred benefits are applicable  
   119X.   Person who is entitled to rights under this Division not entitled to rights under other provisions of this Act  
   119Y.   Certain former contributors not entitled to benefits under this Division  
   119Z.   Contributor who resigned to contest an election  
   119ZA.  Invalid pensioner restored to health  
   119ZB.  Person entitled to deferred benefits becoming a contributor  
   119ZBA. Application of Division on and after 1 July 1976  

           Division 4--Miscellaneous

   119ZC.  Special provisions affecting former contributors under certain superannuation schemes  
   119ZD.  Special provisions in relation to persons to whom section 7 applies  
   119ZE.  Payments out of Consolidated Revenue Fund  
   119ZEA. Application of Part on and after 1 July 1976  

   PART XI--PENSION--INCREASES ON AND AFTER 1 JANUARY 2002

   120.    Interpretation  
   121.    Increases in pensions  
   122.    Adjustment of increase in case of persons who become entitled to pension after previous increase  
   124.    Modification of sections 46, 47 and 48  
   125.    Death or invalidity retirement before attaining age 21  
   126.    Date of effect of increases  

   PART XIA--REVIEW--OF DECISIONS BY CSC

           Division 1--Review of decisions by CSC

   127.    Review of decisions by CSC  

           Division 2--Reconsideration Advisory Committees

   128.    Establishment of Committee  
   129.    Members of Committee  
   130.    Functions of Committee  
   131.    Proceedings of Committee  
   132.    Indemnification of members of a Committee  
   133.    Remuneration and allowances  
   133A.   Recommendations by Committee to CSC  

           Division 3--Review of decisions by the Administrative Appeals Tribunal

   133B.   Review by the Administrative Appeals Tribunal  

   PART XII--MISCELLANEOUS

   133C.   CSC to keep records with respect to benefits paid  
   134.    Benefits to be paid out of Consolidated Revenue  
   135.    Acceptance of election outside prescribed period  
   136.    Election after retirement of employee  
   136A.   Death may be presumed in certain cases  
   137.    Provisions in respect of a fraction of a unit  
   138.    Contributions payable from next pay - day  
   139.    Refund of contributions  
   140.    Question as to invalidity etc. determined by Board on Medical Officer's report  
   142.    Returns  
   143.    Assignment of pensions  
   143A.   Attachment of pensions  
   144.    Employees paid in sterling  
   145.    Payments to the Commonwealth by approved authorities  
   146.    Cost of medical examinations  
   147.    Retirement or death as result of war service  
   148.    Power to recover  
   149.    Delegation by Minister  
   149A.   Delegation by Public Service Board  
   149AA.  Minister may request the supply of information  
   149AB.  Making false statements to CSC  
   149B.   References to Board to include Commissioner  
   150.    Regulations  
           THIRD SCHEDULE Rates of contribution
           FOURTH SCHEDULE
           FIFTH SCHEDULE
           SIXTH SCHEDULE Reduction in rates of contribution
           SEVENTH SCHEDULE Factors applicable under section 44