Commonwealth Numbered Regulations - Explanatory Statements

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MILITARY SUPERANNUATION AND BENEFITS (ELIGIBLE MEMBER) DECLARATION 1999 1999 NO. 65

STATUTORY RULES 1999 No. 65

ISSUED BY THE AUTHORITY OF THE MINISTER FOR VETERAN'S AFFAIRS AND MINISTER ASSISTING MINISTER FOR DEFENCE

MILITARY SUPERANNUATION AND BENEFITS ACT 1991

MILITARY SUPERANNUATION AND BENEFITS (ELIGIBLE MEMBER) DECLARATION 1999

The Military Superannuation and Benefits Act 1991 ('the Act') makes provision m 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 listed in the Minister's declarations.

The purpose of this Declaration is to declare a person as an eligible member if they are included m certain specified employments where they have reached a specified rank. The employment categories covered are the Army employment of Aircraft Structural Fitter and the Air Forces employments of Cook, General Hand and Metal Machinist.

It is also the purpose of this Declaration to enable the deletion of two existing specified employment categories. These employment categories are the Navy employment of Aviation - Observer and the Army employment of Equipment Painter. Members in these employment categories are now capable of being promoted to the specified ranks by the time they have completed fifteen years of continuous service.

This Declaration also consolidates all specified categories and eligible members as they exist in the present Military Superannuation and Benefits ("MSB") Declarations Nos 2, 4, 5, 7 and 8. This has been achieved by revoking the existing five Declarations and redeclaring all the existing specified categories and eligible members so that those members retain their eligibility.

Clause 1. Citation

This clause is formal.

Clause 2. Commencement

The Declaration comes into operation on the date of gazettal.

Clause 3. Definition

This clause defines reference to the "Act".

Clause 4. Eligible members

This clause defines who is an eligible member for the purposes of this Declaration and emphasises that service m the employment category Radar Plot will be treated as eligible service for the employment category of Combat System Operator under this Declaration.

Clause 5. Revocation

This clause revokes MSB Declarations Nos 2, 4, 5, 7 and 8.

Schedule 1

Parts 1, 2 and 3

Each part of the Schedule lists the employment categories by Service (Navy, Army, Air Force), which were previously declared by the Declarations now revoked, but continue under this Declaration to be eligible specified categories.

Schedule 2

This Schedule lists the eligible members and the dates the members became eligible, who were previously declared by the Declarations now revoked.