Superannuation Act 1922

In force

Administered by

Department of Finance

Superseded version

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C2022C00280 (C25)

28 September 2022 - 21 August 2023

Table of contents

Part I—Preliminary
- 1 Short title
- 2 Commencement
- 3 Operation of this Act on or after 1 July 2011
- 4 Interpretation
- 4AA Members of the Defence Force
- 4A Salaries of officers in First Division of Public Service and statutory offices
- 5 Medical examination of employees
- 6 Application of the Criminal Code
- 7 Superannuation provision for certain persons by way of life assurance
Part III—Contributions
- Division 1—Contributions by employees
  - 19 Commencement and cessation of contributions
  - 19A Contributions not payable on or after 1 July 1976
- Division 2—Units of pension
- 20 Units of pension
- 20AA Obligation to make additional contributions after 4 February 1976
- 20AB Elections consequential upon operation of section 20AA
- 20A Rights of employees over 40 years of age
- 20B Effect of reduction in salary or prescribed amount
- 21 Exemption of employee who has made adequate provision
- 22 Interpretation
- Division 2A—Non contributory units of pension
- 22A Election to take up rejected units as non contributory units
- 22B Election by certain contributors to convert existing units to non contributory units
- 22C Election to take up units as non contributory units where salary increased after attainment of maximum age for retirement
- 22D Election ineffective if number of contributory units is, or falls below, number of initial units
- 22E Election ineffective if number of contributory units is, or falls below, one half of full unit entitlement
- 22F Effect of election
- 22G Cessation of non contributory units where contributor exempted from contributing for more than two units
- 22H Election not to contribute for units, or to contribute for units at age sixty five rates, ineffective in certain cases
- 22J Election to reduce contributory units ineffective in certain cases
- 22K References to full unit entitlement
- 22L Effect of certain elections in relation to elections to take up non contributory units
- 22M Deferred contributions
- Division 3—Scale of contributions by employees
- 23 Contributions by employees
- 24 Election to contribute for full pension at 60 years of age
- 25 Election to contribute for additional units at 65 years of age
- Division 4—Contributions for additional benefits for widows
- 26 Additional contributions by existing contributors
- 27 Additional contributions by certain pensioners who become re employed
- 28 Cessation of additional contributions
- Division 5—Reserve units of pension
- 29 Reserve Units of Pension Account
- 30 Contributions for reserve units of pension
- 30A Completion of contributions for reserve unit
- 31 Transfer of contributions to Superannuation Fund
- 32 Discontinuance of contributions for reserve units
- Division 6—Contributions by the Commonwealth
- 33 Payments out of Consolidated Revenue Fund
- Division 7—General provisions as to contributions
- 34 Employees on leave of absence
- 35 Manner of payment—deduction from wages or salaries
- 35A Deferment of contributions of contributors under Defence Force Retirement and Death Benefits Act
- 35B Order in which reduction of contributory units to take effect
- 36 Salary
Part IV—Pensions and benefits
- Division 1—Retirement on pension
- Division 2—Grant of pensions and benefits
- Division 5—Existing pension rights
- Division 6—Assurance policies
  - 74 Transfer of policies to Board
Part V—The Provident Account
- 79 Contributors to Provident Account
- 79A Contributions not payable on or after 1 July 1976
- 80 Contributions to Provident Account
- 80A Obligation to make contributions where salary increased after 4 February 1976
- 81 Election to contribute to Provident Account
- 82 Payments on retirement
- 83 Payment on death of contributor with dependants
- 83A Payment on death or invalidity in certain circumstances
- 84 Payment on death of contributor to Provident Account without dependants
- 85 Payments on resignation or dismissal
- 86 Certain contributors to the Provident Account who change the nature of their employment to continue as contributors
- 87 Retrenchment
- 87A Dismissal
- 87B Compulsory termination of service of certain contributors to Provident Account for whom no retiring age is fixed by law
- 87C Voluntary termination of service
- 87D Holders of statutory offices
- 88 Rights of contributors to Provident Account who resign to contest elections
- 89 Payment to other person
- 90 Rate of interest
- 91 Commencement of benefit
- 92 Payments out of Consolidated Revenue Fund to Provident Account
- 93 Determination of annual salary
Part VA—Family law superannuation splitting
- Division 1—Preliminary
  - 93DA Definitions
- Division 2—Benefits for non member spouse
  - 93DB Associate pension for non member spouse
  - 93DC Commutation of small associate pension
- Division 3—Reduction of benefits for member spouse
  - 93DD Reduction of standard pension
- Division 4—Miscellaneous
  - 93DE Ministerial Orders
Part VIA—Special provisions in relation to certain employees formerly in private employment
- Division 1—Preliminary
  - 100A Interpretation
- Division 2—The Superannuation Fund
- Division 3—The Provident Account
  - 100K Definition
  - 100L Contributions by certain relevant employees to Provident Account
- Division 4—Miscellaneous
Part VII—Special provisions in relation to certain former State employees
- 101 Definitions
- 102 Superannuation rights and obligations of persons formerly employed by States
- 104 Payments on retrenchment, resignation, dismissal or discharge
- 105 Certain amounts to be paid out of Consolidated Revenue Fund to Superannuation Fund
- 106 Increased contributions out of Consolidated Revenue Fund
- 107 Payment into the Fund of amounts received in respect of past contributions
Part VIIA—Special provisions in relation to certain employees who transfer from State employment
- Division 1—Preliminary
  - 107A Interpretation
- Division 2—The Superannuation Fund
- Division 3—The Provident Account
  - 107L Definition
  - 107M Provident Account contributions by State employees
- Division 4—Miscellaneous
  - 107N Full time employment otherwise than as contributor to State Fund
  - 107P References to Board
Part VIII—Special provisions in relation to certain former contributors to Public Service Superannuation Funds
- 108 Interpretation
- 108A Application
- 109 Former contributors to Public Service Superannuation Funds who elect to pay refunds to Board
- 110 Former contributors to Public Service Superannuation Funds who do not elect to pay refunds to Board
- 110A Determination in respect of employee who has not elected under section 24
- 110B Board to make determinations on actuarial advice
- 110C Part VIII not to apply in certain cases
- 110D Application of this Part on and after 1 July 1976
Part IX—Special provisions in relation to certain former contributors to the Defence Forces Retirement Benefits Fund
- 111 Application of Part
- 112 Contributions
- 113 Additional contributions
- 114 Date of becoming an employee or contributor for certain purposes
- 115 Certain amounts to be paid out of Consolidated Revenue Fund to the Superannuation Fund
Part X—Special provisions in relation to certain members of the Police Force of the Australian Capital Territory
- 116 Interpretation
- 117 Superannuation rights and obligations of certain members of the Australian Capital Territory Police Force
- 118 Retrenchment
- 119 Payments to be made out of Consolidated Revenue Fund to the Superannuation Fund
Part XA—Preservation of rights of certain contributors and former contributors
- Division 1—Preliminary
  - 119A Interpretation
  - 119B Determinations by the Board
- Division 2—Employees who have preserved rights from previous employment
- Division 3—Preservation of rights of persons ceasing to be contributors
- Division 4—Miscellaneous
Part XI—Pension increases on and after 1 January 2002
- 120 Interpretation
- 121 Increases in pensions
- 122 Adjustment of increase in case of persons who become entitled to pension after previous increase
- 124 Modification of sections 46, 47 and 48
- 125 Death or invalidity retirement before attaining age 21
- 126 Date of effect of increases
Part XIA—Review of decisions by CSC
- Division 1—Review of decisions by CSC
  - 127 Review of decisions by CSC
- Division 2—Reconsideration Advisory Committees
- Division 3—Review of decisions by the Administrative Appeals Tribunal
  - 133B Review by the Administrative Appeals Tribunal
Part XII—Miscellaneous
- 133C CSC to keep records with respect to benefits paid
- 134 Benefits to be paid out of Consolidated Revenue
- 135 Acceptance of election outside prescribed period
- 136 Election after retirement of employee
- 136A Death may be presumed in certain cases
- 137 Provisions in respect of a fraction of a unit
- 138 Contributions payable from next pay day
- 139 Refund of contributions
- 140 Question as to invalidity etc. determined by Board on Medical Officer’s report
- 142 Returns
- 143 Assignment of pensions
- 143A Attachment of pensions
- 144 Employees paid in sterling
- 145 Payments to the Commonwealth by approved authorities
- 146 Cost of medical examinations
- 147 Retirement or death as result of war service
- 148 Power to recover
- 149 Delegation by Minister
- 149A Delegation by Public Service Board
- 149AA Minister may request the supply of information
- 149AB Making false statements to CSC
- 149B References to Board to include Commissioner
- 150 Regulations
Third Schedule—Rates of contribution
- Table I
- Table II
- Table III
- Table IV
- Table V
- Table VI
- Table VII
- Table VIII
- Table IX
- Table X
- Table XI
- Table XII
- Table XIII
- Table XIV
- Table XV
- Table XVI
- Table XVII
- Table XVIII
Fourth Schedule
- Table I
- Table II
Fifth Schedule
Sixth Schedule—Reduction in rates of contribution
- Table I
- Table II
- Table III
- Table IV
- Table V
- Table VI
- Table VII
- Table VIII
- Table IX
- Table X
- Table XI
- Table XII
- Table XIII
- Table XIV
- Table XV
- Table XVI
- Table XVII
Seventh Schedule—Factors applicable under section 44
- Table I
- Table II
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history
- Endnote 5—Miscellaneous

Superannuation Act 1922

Legislation text