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Superannuation Act 1990
No. 38, 1990
In force
Administered by
Department of Finance
Superseded version
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C2004C00110
18 May 2004
-
28 June 2005
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Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
3AA Designated employers
3AB Members of ACT Fire Brigade
3A Application of Act
3B Application of the Criminal Code
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Part 2—The Trust Deed
4 Deed to establish Public Sector Superannuation Scheme etc.
5 Amendment of Trust Deed
5A Amendments of Trust Deed to implement family law interest splitting
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Part 3—Members of Public Sector Superannuation Scheme
6 Membership of Public Sector Superannuation Scheme
6A Election by certain people to join scheme under the Superannuation Act 1976
7 Election by holder of statutory office to be a member
8 Election by temporary employee to be member
9 Employees on probation
10 Australian Federal Police employees
11 Director of company etc.
12 Cases where person taken not to have ceased to be a member
13 Member not to be retired on grounds of invalidity without certificate from Board
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Part 4—Contributions
14 Contributions of members to Public Sector Superannuation Scheme etc. to be deducted from salary
14A Deductions of contributions by designated employer
15 Contributions to Public Sector Superannuation Scheme etc. by employer
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Part 5—Payments relating to benefits
16 Payments to and by Commonwealth in respect of benefits payable under Public Sector Superannuation Scheme
16A Payments relating to associate benefits
17 Payments by Commonwealth to Board when invalidity pensioner again becomes member
18 Appropriation
19 Payment by approved authorities etc. to the Commonwealth in respect of benefits payable to members employed etc. by authorities
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Part 6—The PSS Board
20 Establishment
21 Incorporation etc.
22 Functions etc.
23 Membership of Board
24 Defective appointment not invalid etc.
25 Trustee Act of ACT to apply
26 Exemption from taxation
27 Banking
27A Accounting records
27B Audit
28 Annual report and financial statements
28A Delegation by Board
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Part 7—Commissioner for Superannuation
29 Functions of Commissioner
30 Other functions of Commissioner not to be prejudiced
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Part 8A—Transfers to approved and authorised superannuation schemes
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Division 1—Preliminary
33A Statutory office holder
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Division 2—Approved superannuation schemes
33B Interpretation
33C Approval of superannuation schemes
33D Transfer of assets etc. to approved superannuation schemes
33E Payments from Consolidated Revenue Fund
33F Exemption from tax etc.
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Division 3—Authorised superannuation schemes
33G Authorisation of superannuation schemes for the purposes of the Rules
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Part 9—Miscellaneous
33AA Board may rely on information supplied by employers or former employers
34 Cost of administration of Act etc.
35 Certain authorities to pay part of costs of administration
36 Cost of medical examination on entry into Public Sector Superannuation Scheme
37 Costs—Board being assisted by panel of persons
37A Board liable to pay surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997
38 Pre-assessment payments
39 Recovery of unpaid contributions etc.
40 Payment of fees
41 Assignment of benefits
42 Member etc. bound by Rules
42A Board may require employers to distribute information etc. to members
43 Indemnification of trustees etc.
44 Bank not liable in respect of certain payments out of account of deceased pensioner
44A Declarations etc. by Minister or Board
45 Disallowable instruments
46 Exercise of certain powers by Minister
47 Delegation by Minister
48 Regulations
49 Regulations relating to the operation of the Superannuation Industry (Supervision) Act 1993 and certain other laws
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Schedule—Form of Trust Deed [see Note 2]
1 Interpretation
2 Establishment of the Superannuation Scheme and the Fund
3 Functions and Powers of the Board
4 Appointment of Trustees
5 Termination of Appointment
6 Acting Appointments
7 Disclosure of Interests
8 Meetings of the Board of Trustees
9 Operation of the Fund
10 Investment of the Fund
11 Requests by Minister for Information
12 Delegation by the Board
The Schedule—Rules for the administration of the Superannuation Scheme
Rules for the administration of the Superannuation Scheme
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Part 1—Preliminary
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Division 1—Interpretation
1.1.1. Definitions
1.1.2. References to anniversary of birth etc.
1.1.3.
1.1.4.
1.1.5.
1.1.6. Provisions in relation to former eligible employees
1.1.7. Additions to accumulated funded employer contributions
1.1.8. Additions to accumulated member contributions
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Division 2—Medical examinations and limited benefits members
1.2.1. Medical examinations
1.2.2. Limited benefits member
1.2.3. Member to be notified of being a limited benefits member
1.2.4. Member does not undergo medical examination
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Division 3—Benefit accrual
1.3.1. Benefit accrual
1.3.2. Benefits subject to maximum
1.3.3. Benefit factor
1.3.4. Ongoing multiple
1.3.5. Calculation of ongoing multiple where preserved multiple applies
1.3.6. Calculation of ongoing multiple where CSS transfer multiple applies
1.3.7.
1.3.8. Calculation of ongoing multiple where restoration multiple applies
1.3.9. Applicability of prospective multiple
1.3.10. Calculation of prospective multiple
1.3.11. Contribution days in CSS on which contributions were payable may count as contribution due days
1.3.12. Contribution days in CSS may count as contribution days
1.3.13. CSS membership may count for calculation of average factor
1.3.14. Rates of contribution in CSS may count as rates of contribution
1.3.15. Maximum average rate of contribution of 10 per cent for calculation of prospective multiple
1.3.16. Salary in CSS may count as salary
1.3.17. Certain periods of leave without pay to be excluded from calculation of averages
1.3.18. Trustees to have discretion where a regular employee had previously been a casual employee
1.3.19. Applicability of additional cover multiple
1.3.20. Calculation of additional cover multiple
1.3.21. Applicability of preserved multiple
1.3.22. Calculation of preserved multiple
1.3.23.
1.3.24.
1.3.25. Applicability of transfer multiple
1.3.26. Calculation of transfer multiple
1.3.27.
1.3.28.
1.3.29. Applicability of CSS transfer multiple
1.3.30. Calculation of CSS transfer multiple
1.3.31.
1.3.32.
1.3.33.
1.3.34. Applicability of restoration multiple
1.3.35. Calculation of restoration multiple
1.3.36.
1.3.37.
1.3.38. Applicability of excess contribution multiple
1.3.39. Calculation of excess contribution multiple
1.3.40. Applicability of unfunded transfer multiple
1.3.41. Calculation of unfunded transfer multiple
1.3.42.
1.3.43.
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Division 4—Maximum benefit
1.4.1. Maximum benefit table
1.4.2. Australian Federal Police adjustment payment
1.4.3. Maximum benefit on invalidity or death
1.4.4. Maximum benefit for some former eligible employees
1.4.5.
1.4.6.
1.4.7. Maximum benefit when preserved benefit exceeds normal maximum benefit
1.4.8. Maximum benefit for former invalidity pensioner
1.4.9. Alterations to table of maximum benefits
1.4.10. Unforeseen changes to maximum benefits
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Part 2—Salary
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Division 1—Annual rate of salary
2.1.1. Definitions
2.1.2. Annual rate of salary for full-time employee
2.1.3. Annual rate of salary for permanent part-time employee
2.1.4. Annual rate of salary for casual employee
2.1.5. Fortnightly rate of salary
2.1.6. Applicability of notional superannuation salary
2.1.7.
2.1.8. Amount of annual rate of notional superannuation salary
2.1.9.
2.1.10. Cessation of applicability of notional superannuation salary
2.1.11. Applicability of CSS salary
2.1.12. Amount of annual rate of CSS salary
2.1.13. Cessation of applicability of CSS salary
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Division 2—Average salary
2.2.1. Average salary
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Division 3—Contribution salary
2.3.1. Amount of fortnightly contribution salary
2.3.2. Part-time hours not to be reduced where compensation payments are payable
2.3.3. Annual rate of contribution salary
2.3.4.
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Division 4—Miscellaneous
2.4.1. Annual salary under CSS may apply
2.4.2.
2.4.3.
2.4.4.
2.4.5. Board to determine salary in some circumstances
2.4.6.
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Part 3—Contributions
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Division 1—Contributions by members
3.1.1. Liability to pay contributions
3.1.2. Rate of contributions
3.1.3. Failure to nominate contribution rate
3.1.4.
3.1.5. Minimum contribution rate while on compensation leave
3.1.6. Cessation of contributions
3.1.7. Leave of absence without pay
3.1.8.
3.1.9.
3.1.10.
3.1.11.
3.1.12.
3.1.13. Maternity and parental leave
3.1.14.
3.1.15.
3.1.16. Payment of contributions where member on other leave of absence without pay or at less than full pay
3.1.17. Deferment of contributions of contributors under DFRDB Act
3.1.18.
3.1.19.
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Division 2—Contributions by employers
3.2.1. Liability to pay contributions
3.2.2. Table for employer contributions
3.2.3. Alterations to table for employer contributions
3.2.4. Employer contribution for full-time employees
3.2.5. Employer contribution for permanent part-time employees
3.2.6. Employer contribution for casual employees
3.2.7. Employer contribution where member changes from casual to regular employee
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Division 3—Payment of contributions
3.3.1. Payment of contributions
3.3.2.
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Division 4—Premiums for additional death and invalidity cover
3.4.1. Member premium
3.4.2. Employer premium
3.4.3. Payment of premiums
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Part 4—Members’ benefits
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Division 1—Age retirement benefit
4.1.1. Lump sum benefit on age retirement
4.1.2. Other options on age retirement
4.1.3.
4.1.4. Basis for conversion of lump sum to pension on age retirement
4.1.5. Phased-in restricted access to lump sum age retirement benefits
4.1.6. Options available where phased-in restricted access to lump sum age retirement benefits applies
4.1.7.
4.1.8.
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Division 2—Involuntary retirement benefit
4.2.1. Circumstances in which retirement involuntary
4.2.2. Lump sum benefit on involuntary retirement on or after minimum retiring age
4.2.3. Other options in lieu of lump sum benefit on involuntary retirement after minimum retirement age
4.2.4.
4.2.5. Basis for conversion of lump sum to pension
4.2.6. Lump sum benefit not available on involuntary retirement on or after minimum retiring age in some circumstances
4.2.7. Other options in lieu of preserved benefit on involuntary retirement on or after minimum retirement age
4.2.8. Preserved benefit on involuntary retirement before minimum retiring age
4.2.9. Other options on involuntary retirement before minimum retirement age
4.2.10.
4.2.11.
4.2.12. Lump sum option on involuntary retirement before minimum retirement age until 30 June 2000
4.2.13.
4.2.14. Full lump sum option not available where person continues employment
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Division 3—Invalidity retirement benefit
4.3.1. Benefits on invalidity after age 60 to be age retirement benefits
4.3.2. Invalidity benefits for limited benefits members
4.3.3. Pension benefit on invalidity before age 60
4.3.4. Option of lump sum of member contributions and interest on invalidity before age 60
4.3.5.
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Division 4—Cessation as member not otherwise entitled to benefit under rules
4.4.1. Preserved benefit on cessation after less than 26 contribution due days
4.4.2. Other options on cessation after less than 26 contribution due days
4.4.3. Preserved benefit on cessation after not less than 26 contribution due days
4.4.4. Other options on cessation after not less than 26 contribution due days
4.4.5. Casual employees not to cease to be a member only because of cessation of employment
4.4.6.
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Division 5—Partial invalidity pension
4.5.1. Entitlement to partial invalidity pension where invalidity pensioner again becomes member
4.5.2.
4.5.3. Entitlement to partial invalidity pension where member’s salary decreases for health reasons
4.5.4.
4.5.5. Pension not payable for compensible injuries
4.5.6. Non-disclosure of information
4.5.7. Calculation of annual rate of partial invalidity pension
4.5.8.
4.5.9. Payment of partial invalidity pension
4.5.10. Subsequent reduction in salary for health reasons
4.5.11. Adjustment of partial invalidity pension
4.5.12. Suspension of partial invalidity pension
4.5.13. Cessation of partial invalidity pension
4.5.14.
4.5.15.
4.5.16. Cancellation of partial invalidity pension
4.5.17. Provisions relating to former eligible employees
4.5.18. Board to determine amount of partial invalidity pension in some circumstances
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Division 6—Refund of excess contributions
4.6.1. When excess contribution multiple is included in benefit factor
4.6.2.
4.6.3. When excess contribution multiple is partially included in benefit factor
4.6.4. When excess contribution multiple is excluded from benefit factor
4.6.5. Refund of excess contributions
4.6.6. Refund of excess contributions to be deducted from accumulated member contributions
4.6.7. Trustees to decide beneficiaries of refund of excess contributions when member dies in service
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Part 5—Spouses’ and children’s benefits
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Division 1—Death of a pensioner
5.1.1. Applicability of reversionary pension
5.1.2. Annual rate of reversionary pension
5.1.3. Rate of pension when deceased pensioner is survived only by a spouse
5.1.4. Rate of pension when deceased pensioner is survived only by eligible children
5.1.5. Rate of pension when deceased pensioner is survived only by partially dependent children
5.1.6. Rate of pension when deceased pensioner is survived by more than one class of dependant
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Division 2—Death of a member
5.2.1. Applicability of reversionary pension
5.2.2. Annual rate of reversionary pension
5.2.3. Rates of spouses’ and children’s pensions
5.2.4. Spouse’s lump sum benefit
5.2.5.
5.2.6. Balance of benefit
5.2.7.
5.2.8.
5.2.9. Limited benefits member
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Division 3—Other provisions
5.3.1. Rate of pension payable to a surviving spouse for six fortnights after the death of a pensioner
5.3.2. Adjustments to pension when spouse dies
5.3.3. Adjustments to pension when a child ceases to be an eligible child
5.3.4.
5.3.5. Adjustments to pension when a partially dependent child ceases to be partially dependent
5.3.6. Adjustments to pensions allocated between classes of dependants
5.3.7. Adjustments to pensions when additional dependants apply
5.3.8.
5.3.9. Final benefit payable (if any) when a pensioner, other than an invalidity pensioner dies
5.3.10. Final benefit payable (if any) when an invalidity pensioner dies
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Part 6—Preserved benefits
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Division 1—General
6.1.1. Circumstances in which preserved benefits become payable
6.1.2. Amount of preserved benefit
6.1.3. Member to have access to accumulated member contributions
6.1.4.
6.1.5. Lump sum benefit where accumulated member contributions preserved
6.1.6. Pension option in certain cases when preserved benefit payable
6.1.7.
6.1.8. Amount of pension benefit
6.1.9. Preserved benefit payable on death
6.1.10. Persons to whom preserved benefit is payable on death
6.1.11.
6.1.12. Pension option for surviving spouse if preserved benefit with full accumulated member contributions becomes payable on death
6.1.13.
6.1.14.
6.1.15. Cessation of application of preserved benefit
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Division 2—Transitional provisions
6.2.1. Person to have access to accumulated employer contributions if benefits preserved before qualifying age for lump sums reached
6.2.2.
6.2.3. Pension option if benefits preserved before qualifying age for lump sums reached
6.2.4.
6.2.5. Pension option for surviving spouse in certain cases when preserved benefit which does not include full accumulated member contributions becomes payable on death
6.2.6.
6.2.7.
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Division 3—Other provisions
6.3.1. Final benefit payable (if any) when a pensioner to whom a preserved benefit was applicable dies
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Part 7—Pension and unfunded preserved benefit increases
7.1.1. Interpretation
7.1.2.
7.1.3.
7.1.4.
7.1.5. Increases in pensions and unfunded preserved benefits
7.1.6.
7.1.7.
7.1.8. Adjustment of increase in certain circumstances
7.1.9. Further increase in unfunded preserved benefit
7.1.10. Date of effect of increases
7.1.11.
7.1.12. Increases in accumulated unfunded employer contributions
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Part 8—Transfer values
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Division 1—Inwards transfer values
8.1.1. Reference to transfer value
8.1.2. Period for acceptance of transfer value
8.1.3. Transfer values to be paid into Fund
8.1.4.
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Division 2—Outwards transfer values
8.2.1. Public employment
8.2.2.
8.2.3.
8.2.4.
8.2.5. Eligible superannuation schemes
8.2.6.
8.2.7. Amount of transfer value
8.2.8. Contributors under DFRDB Act
8.2.9. Election for transfer value by terminating member
8.2.10.
8.2.11.
8.2.12. Circumstances in which transfer value payable
8.2.13.
8.2.14. Election for transfer value by person to whom a preserved benefit is applicable
8.2.15.
8.2.16.
8.2.17.
8.2.18.
8.2.19. Certain former members not entitled to payment of transfer value
8.2.20.
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Part 9—Miscellaneous provisions
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Division 1—General provisions in relation to elections and benefits
9.1.1. Provisions relating to elections under Rules
9.1.2.
9.1.3.
9.1.4.
9.1.5.
9.1.6. Payment of benefit otherwise than to person entitled
9.1.7. Instalments of pensions
9.1.8. Benefits in respect of certain contributors under DFRDB Act
9.1.9.
9.1.10. Benefits in unusual or exceptional circumstances
9.1.11. Cancellation of invalidity pension
9.1.12. Funded and unfunded components of benefits
9.1.13. Administrative arrangements
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Division 2—Certain persons re-appointed or re-employed
9.2.1. Certain persons re-appointed or re-employed
9.2.2.
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Division 3—Candidates at parliamentary elections
9.3.1. Persons to whom this Division applies
9.3.2. Death or physical or mental incapacity of person
9.3.3. Re-employment of person
9.3.4. Repayment of benefits
9.3.5. Annual rate of salary of person
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Division 4—Reduction of invalidity pensions because of earnings
9.4.1. Definitions for Division
9.4.2.
9.4.3. Invalidity pensioner to provide information
9.4.4.
9.4.5. Reduction of pension
9.4.6.
9.4.7.
9.4.8. Invalidity pensioner to provide estimates of earnings
9.4.9.
9.4.10. Reduction or suspension of pension to be disregarded
9.4.11. Suspension of pension
9.4.12.
9.4.13. Cancellation of invalidity pension where pension suspended for 12 months
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Division 5—Non-disclosure of information in connection with medical examination
9.5.1. Non-disclosure of information in connection with medical examination
9.5.2.
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Part 10—Additional death and invalidity cover
10.1.1. Board to effect policies
10.1.2.
10.1.3. More than one policy
10.1.4. Additional death and invalidity cover
10.1.5. Cessation of additional death and invalidity cover
10.1.6. Maximum amount of additional cover
10.1.7.
10.1.8. Further election for additional cover
10.1.9. Variations to amount of additional cover
10.1.10. Medical evidence for additional cover
10.1.11. Member to be advised of premiums
10.1.12. Claims for additional cover
10.1.13.
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Part 11—Review of decisions
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Division 1—Preliminary
11.1.1. Interpretation
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Division 2—Reconsideration Advisory Committees
11.2.1. Establishment of Reconsideration Advisory Committees
11.2.2. Composition of committees
11.2.3. Regulation of affairs of committees
11.2.4. Duties of committees
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Division 3—Review of decisions made by delegates
11.3.1. Request for reconsideration
11.3.2. Form of request
11.3.3. Referral to committee
11.3.4. Board to reconsider decisions
11.3.5. Transmission of results of reconsideration
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Division 4—Review of decisions made by the Board
11.4.1. Request for reconsideration
11.4.2. Form of request
11.4.3. New evidence
11.4.4. Insufficient or no evidence provided
11.4.5. Referral to committee
11.4.6. Board to reconsider decisions
11.4.7. Transmission of results of reconsideration
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Division 5—Reconsideration of decisions on the Board’s own motion
11.5.1. Powers of Board
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Part 12—Invalidity retirement process
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Division 1—Medical assessment
12.1.1. Engagement of assessment panels
12.1.2.
12.1.3. Medical evidence to be provided to assessment panels
12.1.4. Assessment panels may seek advice
12.1.5. Panels to make recommendations to Board
12.1.6.
12.1.7. Assessment process
12.1.8. Board to make decision on invalidity retirement
12.1.9.
12.1.10. Board’s decision to be advised to member and employer
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Division 2—Pre-assessment payments
12.2.1. Entitlement to pre-assessment payments
12.2.2.
12.2.3. Period during which pre-assessment payments to be made
12.2.4.
12.2.5. Rates of payment
12.2.6.
12.2.7. Payment of pre-assessment payments
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Division 3—Program of rehabilitation
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12.3.1. Program of rehabilitation
Notes to the STYLEREF ShortT \* MERGEFORMAT Superannuation Act 1990
