Commonwealth Numbered Regulations - Explanatory Statements

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MILITARY SUPERANNUATION AND BENEFITS DECLARATION NO. 5 1996 NO. 152

EXPLANATORY STATEMENT

STATUTORY RULES 1996 No. 152

ISSUED BY THE AUTHORITY OF THE MISTER FOR DEFENCE INDUSTRY SCIENCE AND PERSONNEL

MILITARY SUPERANNUATION AND BENEFITS ACT 1991

MILITARY SUPERANNUATION AND BENEFITS DECLARATION No. 5

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 to their 20 year point. An "eligible member" is defined in section 30 of the Act to include: an officer who holds the 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.

Members who fail to satisfy the minimum rank requirement and are in employment categories where the normal opportunities for promotion do not exist have been declared to be eligible members by the Minister. These employment categories, referred to as specified categories, are hated in the Minister's declarations.

The purpose of this Declaration is to declare as an eligible member one member of the Scheme who has not reached the required rank but satisfies the eligibility criteria applicable under a special grouping labelled the Inter Employment Category. The Inter Employment Category is unusual in that it is not a specific employment group within the Defence Force. It covers individual Defence Force members who have not reached the required rank for eligibility, have been transferred out of their normal employment groups as a result of Defence Force restructuring, and would have been promoted to the required rank to be eligible for a retention benefit by the time they had served for 15 years had they not been transferred.

Clause 1. Citation

This clause is formal.

Clause 2. Eligible member

This clause defines who is an eligible member for the purposes of the Declaration. It lists the name, rank and service number of the Inter Employment Category member and provides for him to be an eligible member.

The Declaration comes into operation on the date of gazettal.


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