Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]


MILITARY SUPERANNUATION AND BENEFITS DECLARATION (NO. 2) 1994 NO. 98

EXPLANATORY STATEMENT

STATUTORY RULES 1994 No. 98

ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE SCIENCE AND PERSONNEL

MILITARY SUPERANNUATION AND BENEFITS ACT 1991

MILITARY SUPERANNUATION AND BENEFITS DECLARATION (No. 2)

The Military Superannuation and Benefits Act 1991 ("the Act) makes provision in Part 8 for the payment of a retention benefit to certain members of the Military Superannuation and Benefits Scheme ("the Scheme") who have completed 15 years of continuous eligible service. The purpose of the benefit is to induce members to serve for another 5 years. An "eligible member" is defined in section 30 of the Act to include: an officer who holds a rank not lower than Major or equivalent (or who was previously an enlisted member), an enlisted member who holds the rank of Sergeant or equivalent; or a member declared by the Minister to be an eligible member. This last category was included in the Act to enable members to receive the benefit where they would not otherwise qualify (because they are in employment categories where the normal opportunities for promotion do not exist.)

The purpose of this Declaration is to allow eligibility for payment of the retention benefit to eleven MSBS members who have not reached the required rank. These members have been disadvantaged in that they have been transferred out of their normal employment groups as a result of ADF restructuring and, were it not for the transfers, would have been promoted to the required rank for retention benefit eligibility by the time they achieved 15 years of service.

Clause 1. Citation

This clause is formal.

Clause 2. Interpretation

This clause defines references to the "Act".

Clause 3. Eligible Members

This clause lists the name, rank and service number of each member being declared an "eligible member" under subsection 30(1) of the Military Superannuation and Benefits Act 1991. Their eligibility will be effective from the date the Declaration is notified in the Commonwealth of Australia Gazette.


[Index] [Related Items] [Search] [Download] [Help]