Commonwealth Numbered Regulations - Explanatory Statements

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

SUPERANNUATION (PERIOD OF CONTRIBUTORY SERVICE) REGULATIONS 1995 NO. 95

STATUTORY RULES 1995 No. 95

Issued by the Authority of the Minister for Finance

Superannuation Act 1976

Superannuation (Period of Contributory Service) Regulations

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 (the CSS).

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

Subsection 3(1) of the 1976 Act defines the term "period of contributory service" in relation to a person who has ceased to be an eligible employee. The definition includes periods of service from 1 July 1976 onwards only.

The Superannuation Act 1922 (the 1922 Act) which provided superannuation arrangements for Commonwealth employees was closed from that date and persons who were contributors to the scheme under the 1922 Act on 30 June 1976 were transferred to the CSS on 1 July 1976, Special arrangements apply in relation to the transferred contributors.

Section 183 of the 1976 Act provides that regulations may modify the provisions of the 1976 Act in relation to contributors under the 1922 Act who transferred and became eligible employees under the 1976 Act.

Regulations made for the purposes of section 183 of the 1976 Act include the Superannuation (Period of Contributory Service) Regulations (the Principal Regulations). The Principal Regulations modify the 1976 Act by substituting a new definition of "period of contributory service" in subsection 3(1) of the 1976 Act in relation to transferred contributors so that pre-1 July 1976 periods may be included in the definition.

The Superannuation Legislation Amendment Act 1994 (the Amending Act) amended the 1976 Act to make changes to the CS S required for compliance with the Superannuation Industry (Supervision) Act 1993 and for certain other related reasons. These regulations amend the Principal Regulations as a consequence of the amendments to the 1976 Act contained in the Amending Act. The provisions of the amending Regulations are explained in the Attachment,

The amendments have effect from the date of gazettal.

ATTACHMENT

SUPERANNUATION (PERIOD OF CONTRIBUTORY SERVICE) REGULATIONS (AMENDMENT)

THE AMENDMENTS

Regulation 1

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

Regulation 2

This amends the Schedule to the Principal Regulations which includes modifications to the 1976 Act in respect of transferred contributors. The Schedule inserts, in addition to a new definition of "period of contributory service" in subsection 3(1) of the 1976 Act new sections 193 to 195 which describe certain periods before 1 July 1976.

Those sections refer also to certain functions of the Superannuation Board under the 1922 Act which, from 1 July 1976 were performed by the Commissioner for Superannuation. Subsection 193 (2) makes it clear that where the sections inserted by the Schedule to the Principal Regulations refer to the Board they are actually referring to the Commissioner if that function was performed on or after 1 July 1976.

On 1 July 1994 the Commonwealth Superannuation Board of Trustees No 2 (the CSS Board) took over responsibility for the administration of the CSS from the Commissioner for Superannuation. To distinguish between the CSS Board and the Superannuation Board under the 1922 Act for the purposes of modifications relating to events before 1 July 1976 section 73 of the Amending Act omitted the definition of "Board" or "Superannuation Board" for the purposes of Part XII of the 1976 Act from section 169 of the Act and inserted a definition of the term "former Board" to mean the Superannuation Board established under the 1922 Act.

Regulation 2 changes the references to the Board in sections 193 to 195 to references to the former Board to make it clear that it is intended to refer to the Superannuation Board under the 1922 Act.