Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (CSS) APPROVED PART-TIME EMPLOYEES REGULATIONS (AMENDMENT)1996 NO. 96

STATUTORY RULES 1996 No. 96

Issued by the Authority of the Minister for Finance

Superannuation Act 1976

Superannuation (CSS) Approved Part-time Employees Regulations (Amendment)

The Superannuation Act 1976 (the 1976 Act) makes provision for and in relation to an occupational superannuation scheme for Commonwealth employees and for certain other persons. That scheme is known as the Commonwealth Superannuation Scheme (CSS).

Section 168 of the 1976 Act provides that the Governor-General may make regulations for the purposes of that Act.

Section 155 of the 1976 Act provides that the Act may be modified by regulations in respect of a person who is or has ceased to be an eligible employee (ie, a member of the Commonwealth Superannuation Scheme) who is, or at any time has been, an approved part-time employee or class of such persons.

Subsection 3(1) of the 1976 Act defines an approved part-time employee as a part-time employee declared by the Minister for Finance. to be an approved class of part-time employees.

Regulations made for the purposes of modifying section 155 are contained in the Superannuation (CSS) Approved Part-time Employees Regulations. The Principal Regulations modify the 1976 Act to provide special arrangements for persons who are or have been approved part-time employees.

The Superannuation Legislation Amendment Act (No. 1) 1995 (the amending Act) amended the 1976 Act in certain ways that necessitated amendments to the regulations that modify that Act. Subsection 168(12A) was inserted to provide that regulations arising from the amendments to the Act may be made with retrospective effect within one year after the amending Act received Royal Assent. The Regulations amend the Principal Regulations as a consequence of the amendments to the 1976 Act contained in the amending Act.

Item 4 of Schedule 2 to the amending Act amended the definition of "period of contributory service" included in subsection 3(1) of the 1976 Act as a consequence of the amendments included in items 9 and 72. These two items create additional periods that should be excluded from contributory service, ie, periods between employments that arise from subsection 3(3) and periods during which section 55A would not allow the accrual of benefits because of the Superannuation Industry (Supervision) Act 1993 and regulations under that Act (SIS).

Item 82 of Schedule 2 to the amending Act inserted a new subsection 76(3) in the 1976 Act to correct an anomaly.

THE AMENDMENTS

Regulation 1

This regulation provides that the amending regulations commence on 23 June 1995.

Regulations 2

This regulation provides that the Principal Regulations are amended by the amending Regulations.

Regulation 3

This regulation amends the Schedule to the Principal Regulations in relation to persons who have at any time been approved part-time employees as a consequence of the amendments to the 1976 Act made by item 4 of Schedule 2 of the amending Act.

Regulation 3.1

This subregulation amends the third modification of section 3 which substitutes a new definition of "period of contributory service" to include references to 2 new subparagraphs inserted by regulation 3.2.

Regulation 3.2

This subregulation inserts 2 new subparagraphs in the substituted definition of "period of contributory service" as a consequence of the amendments made by item 4 of Schedule 2 to the amending Act.

Regulation 3.3

This subregulation amends a reference to include the new subparagraphs inserted by regulation 3.2 as well as including references to two other subparagraphs of the definition of "period of contributory service" which had previously been overlooked.

Regulation 3.4

This subregulation inserts 2 new subparagraphs in paragraph (a) of the inserted definition of "period of employment" as a consequence of the amendments made to the definition of "period of contributory service" by item 4 of Schedule 2 to the amending Act.

Regulation 3.5

This subregulation inserts 2 new subparagraphs in paragraph (b) of the inserted definition of "period of employment" as a consequence of the amendments made to the definition of "period of contributory service" in the 1976 Act by item 4 of Schedule 2 to the amending Act.

Regulations 3.6 and 3.7

This subregulation inserts 2 new subparagraphs in paragraph (c) of the inserted definition of "period of employment" as a consequence of the amendments made to the definition of "period of contributory service" in the 1976 Act by item 4 of Schedule 2 to the amending Act.

Regulations 3.8 and 3.9

These regulations re-number the inserted subsection 76(3) and amend the reference to it accordingly as a consequence of the insertion of the amendments to section 76 in the 1976 Act by item 82 of Schedule 2 to the amending Act.