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Military Superannuation and Benefits Act 1991
In force
Administered by
Department of Defence
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C2011C00561
01 July 2011
-
28 June 2012
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Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
3A Application of the Criminal Code
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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
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Part 3—Members of Superannuation Scheme
6 Membership of Superannuation Scheme
8 Cases where person taken not to have ceased to be a member
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Part 4—Contributions
9 Contributions of members to Superannuation Scheme etc. to be deducted from salary
10 Contributions to Superannuation Scheme etc. by Department
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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
17 Appropriation
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Part 6—CSC
18 Functions and powers
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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
52 Regulations
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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
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Part 3—Members’ Benefits
Division 1—Benefits other than Invalidity Benefits
Division 2—Invalidity Benefits
Division 3—Person Rejoining the Scheme
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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
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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
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Part 1—Preliminary
Citation
Definitions and interpretation
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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
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Part 3—Members’ Benefits
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Division 1—Benefits other than Invalidity Benefits
Benefits on retirement before reaching 55 years of age or earlier retiring age, otherwise than for redundancy or retrenchment etc.
Benefits on retirement for redundancy or retrenchment or on attaining retiring age of less than 55 years
Benefits on retirement on or after attaining age of 55 years
Payment of benefits where rule 12 applies and person has less than 12 months’ eligible service
Limitation on certain benefits in case of certain transferees who retire before completing 731 days’ service after 30 September 1991
Division 2—Invalidity Benefits
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Subdivision A—Incapacity Classification
Establishment of Incapacity Classification Committee
Membership of Committee
Functions of Committee
Proceedings of Committee
Decisions by Committee
Classification in respect of incapacity
Reclassification in respect of incapacity
Decision as to classification or reclassification to be notified to invalidity retiree
Power of CSC to require persons to be medically examined etc.
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Subdivision B—Invalidity Benefits
Entitlement to invalidity benefits
Invalidity benefits for person classified as Class A
Invalidity benefits for person classified as Class B
Effect of change of invalidity classification on pension and preserved benefit
Person may be treated as having been retired on ground of invalidity
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Subdivision C—Invalidity Benefits Not Payable
Person classified as Class C
Pre-existing condition
Invalidity due to intentional act
Invalidity arising during absence without leave exceeding 21 days
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Division 3—Person Rejoining the Scheme
Suspension of pension of retirement pensioner other than invalidity retiree
Cancellation of pension etc. of invalidity retiree
Continuation of previous election to cease paying contributions
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Part 5—Spouses’ and Children’s Benefits
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Division 1—Death of a Member
Applicability of benefits
Payment of deceased member’s member benefit
Payment of deceased member’s employer benefit
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Division 2—Death of Retirement Pensioner
Applicability of benefits
Pensions payable
Final benefit payable in relation to deceased retirement pensioner
Death in certain cases due to retirement disabilities
Effect of death of invalidity pensioner while pension suspended
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Division 3—Death of Spouse
Child’s benefit upon death of spouse
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Division 4—Miscellaneous
Entitlements where two spouses
Payment of balance of benefit where pension becomes payable to child in certain cases
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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
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Part 6—Increases in Maximum Benefit Limits, Pensions and Certain Unfunded Preserved Benefits
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Division 1—Increases in Maximum Benefit Limits
Increases in maximum benefit limits
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Division 2—Increases in Pensions and Certain Unfunded Preserved Benefits
Increases in pensions and certain unfunded preserved benefits
Application of increase to suspended pension
Proportionate increase for part of a year
Adjustment in connection with invalidity reclassification
Date of effect of increase
Interpretation
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Part 7—Candidates at Parliamentary Elections
Re-instated member
Death or physical or mental incapacity of person
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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
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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
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Schedule 1—Glossary
Part 1—Definitions
Part 2—Resign to contest an election
Part 3—Retirement
Part 4—Retiring age
Part 5—Spouse
Part 6—Parts of speech and grammatical forms
Part 7—Number
Part 8—Reckoning of time
Part 9—Attainment of particular age
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
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Schedule 8—Calculation of employer benefit
Part 1—Calculation of employer benefit of person with not less than 7 years’ eligible service or Invalidity Retiree or 1973 Scheme Recipient Member (other than 1973 Scheme Re-Entrant or 1991 Scheme Re-Entrant or MBL Member or Foreign Service Member)
Part 2—Calculation of Employer Benefit of Person with less than 7 years’ eligible service (other than Invalidity Retiree or 1973 Scheme Recipient Member or 1973 Scheme Re-Entrant or 1991 Scheme Re-Entrant or Foreign Service Member)
Part 3—Calculation of Employer Benefit of 1973 Scheme Re-Entrant, 1991 Scheme Re-Entrant or Foreign Service Member, with not less than 7 years’ aggregated service
Part 4—Calculation of Employer Benefit of 1973 Scheme Re-Entrant or Foreign Service Member, with less than 7 years’ aggregated service (other than Invalidity Retiree)
Part 5—Calculation of employer benefit of MBL Member
Part 6—Interpretation
Schedule 9—Calculation of member benefit
Schedule 10—Transfer value
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Schedule 11—Rates of interest applicable in respect of certain unfunded amounts
Notes to the STYLEREF ShortT \* MERGEFORMAT Military Superannuation and Benefits Act 1991