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Military Superannuation and Benefits Act 1991

In force

Administered by

Department of Defence

Superseded version

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View as made version

C2012C00549

29 June 2012 - 23 June 2014

Table of contents

Part 1—Preliminary
- 1 Short title [see Note 1]
- 2 Commencement [see Note 1]
- 3 Interpretation
- 3A Application of the Criminal Code
Part 2—The Trust Deed
- 4 Deed to establish Superannuation Scheme etc.
- 5 Amendment of Trust Deed [see Note 2]
- 5A Amendments of Trust Deed to implement family law interest splitting
Part 3—Members of Superannuation Scheme
- 6 Membership of Superannuation Scheme
- 8 Cases where person taken not to have ceased to be a member
Part 4—Contributions
- 9 Contributions of members to Superannuation Scheme etc. to be deducted from salary
- 10 Contributions to Superannuation Scheme etc. by Department
Part 5—Payment of benefits
- 11 Interpretation
- 12 Member benefits
- 13 Employer benefits
- 14 Preserved benefits
- 15 Payment by or to the Commonwealth on reclassification of invalidity pensioner
- 16 Payment by Commonwealth where an invalidity pensioner again becomes a member
- 16A Payments relating to associate benefits
- 16B Recoverable payments
- 16C Recoverable death payments
- 16D Reports about recoverable payments and recoverable death payments
- 17 Appropriation
Part 6—CSC
- 18 Functions and powers
Part 9—Miscellaneous
- 42 Cost of administration of Act etc.
- 42A CSC liable to pay surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997
- 43 Recovery of unpaid contributions etc.
- 44 Payment of fees
- 45 Assignment of benefits
- 46 Member etc. bound by Rules
- 47 Indemnification
- 48 Bank not liable in respect of certain payments out of account of deceased pensioner
- 49 Amendments to Trust Deed disallowable under the Legislative Instruments Act 2003
- 51 Delegation by Minister
- 51A Transitional—MSB Instrument No. 3 of 1993 to have retrospective effect
- 51B Transitional—recoverable payments relating to retention benefit
- 51C Transitional—reports about recoverable payments
- 52 Regulations
Part 10—Amendments of the Defence Force Retirement and Death Benefits Act 1973
- Sections 53–61
Schedule—Form of Trust Deed [see Note 2]
Military Superannuation and Benefits Rules
Part 1—Preliminary
Part 2—Contributions
Part 3—Members’ Benefits
- Division 1—Benefits other than Invalidity Benefits
- Division 2—Invalidity Benefits
- Division 3—Person Rejoining the Scheme
Part 4—Spouses’ and Children’s Benefits
- Division 1—Death of Member
- Division 2—Death of Retirement Pensioner
- Division 3—Death of Spouse
- Division 4—Miscellaneous
Part 5—Payment of Preserved Benefits
Part 6—Increases in Maximum Benefit Limits, Pensions and Certain Unfunded Preserved Benefits
- Division 1—Increases in Maximum Benefit Limits
- Division 2—Increases in Pensions and Certain Unfunded Preserved Benefits
Part 7—Candidates at Parliamentary Elections
Part 8—General Provisions Applicable to Contributions and Benefits
Part 9—Reconsideration of Decisions
Military Superannuation and Benefits Rules
Part 1—Preliminary
- Citation
- Definitions and interpretation
Part 2—Contributions
- Contributions by members
- Amount of contributions
- Cessation of contributions on reaching maximum benefit limit
- Contributions while on leave without pay in connection with birth of child etc.
- Contributions while on other leave without pay
- General conditions applicable to contributions under rules 6 and 7
- Member contributions to be paid to CSC
- Liability of Department to pay employer contributions
- Payment of contributions into Fund
Part 3—Members’ Benefits
- Division 1—Benefits other than Invalidity Benefits
- Division 2—Invalidity Benefits
- Subdivision A—Incapacity Classification
- Subdivision B—Invalidity Benefits
- Subdivision C—Invalidity Benefits Not Payable
- Division 3—Person Rejoining the Scheme
Part 5—Spouses’ and Children’s Benefits
- Division 1—Death of a Member
- Division 2—Death of Retirement Pensioner
- Division 3—Death of Spouse
  - Child’s benefit upon death of spouse
- Division 4—Miscellaneous
  - Entitlements where two spouses
  - Payment of balance of benefit where pension becomes payable to child in certain cases
Part 5—Payment of Preserved Benefits
- Drawing on member benefit included in preserved benefit
- Fee for payment of part of person’s member benefit
- Payment of employer benefit included in preserved benefit before person attains age of 55 years
- Payment of employer benefit included in preserved benefit to person who has attained 55 years of age
- Compulsory payment of preserved benefit to person on attaining 65 years of age
- Payment of deceased former member’s preserved benefit
Part 6—Increases in Maximum Benefit Limits, Pensions and Certain Unfunded Preserved Benefits
- Division 1—Increases in Maximum Benefit Limits
  - Increases in maximum benefit limits
- Division 2—Increases in Pensions and Certain Unfunded Preserved Benefits
Part 7—Candidates at Parliamentary Elections
- Re-instated member
- Death or physical or mental incapacity of person
Part 8—General Provisions Applicable to Contributions and Benefits
- Provisions applicable to elections under the Rules
- Rate of pension where lump sum converted into pension
- Benefits in unusual or exceptional circumstances
- Instalments of pensions
- Set off against pension in certain cases
- Interest payable where payment of benefit delayed
- Payment of benefit otherwise than to person entitled
- Withholding payment of benefit where required information not provided
Part 9—Reconsideration of Decisions
- Establishment of Reconsideration Advisory Committees
- Membership of Committee
- Functions of Committee
- Proceedings of Committee
- Reconsideration of decision made by delegate
- Reconsideration of decision made by CSC
- Content of statements of reasons for decisions
- Interpretation
- Schedule 1—Glossary
- Schedule 2—Prescribed periods for the purposes of rule 4
- Schedule 3—Calculation of maximum benefit limits
- Schedule 4—Percentage of employer benefit or deceased pensioner’s pension applicable to spouse or eligible child
- Schedule 5—Calculation of rate of pension by conversion of employer benefit
- Schedule 6—Calculation of eligible service
- Schedule 7—Calculation of final average salary
- Schedule 8—Calculation of employer benefit
- Schedule 9—Calculation of member benefit
- Schedule 10—Transfer value
- Schedule 11—Rates of interest applicable in respect of certain unfunded amounts
  - Notes to the STYLEREF ShortT \* MERGEFORMAT Military Superannuation and Benefits Act 1991