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Superannuation Act 1922
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Department of Finance
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C2016C00250 (C21)
10 March 2016
-
20 October 2016
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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
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Part III—Contributions
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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
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Part IV—Pensions and benefits
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Division 1—Retirement on pension
37 Age of compulsory retirement
38 Breakdown, retirement
39 Retrenchment
40 Dismissal
41 Compulsory termination of service of certain contributors for whom no retiring age is fixed by law
41A Voluntary termination of service
41B Holders of statutory offices
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Division 2—Grant of pensions and benefits
42 Value of units of pension
43 Amount of pension on retirement in respect of units other than non contributory units
43A Additional pension in respect of non contributory units
44 Contributor remaining in Service after attaining maximum age for retirement
45 Retirement through invalidity—amount of pension
46 Pension to spouse and children on death of contributor
47 Pension to spouse and children on death of pensioner
48 Pension to orphans on death of contributor or pensioner
48AA Restoration of widow’s or widower’s pension previously cancelled on remarriage
48AB Special grants of pension
48ABA Deceased pensioner survived by more than one spouse
48AC Minimum pension rates payable in respect of children
48AD Application of section 47 on and after 1 July 1976
48A Pension not payable in respect of children in certain circumstances
48B Pension not payable in certain circumstances
48C Pension to or in respect of certain contributors under Defence Force Retirement and Death Benefits Act
49 Refund of contributions on death of contributor without dependants
50 Choice of benefits for contributor who is retrenched
51 Refund of contributions in event of resignation, dismissal or discharge
52 Rights of contributors who resign to contest elections
53 Certain contributors who change the nature of their employment to continue as contributors
54 Desertion by pensioner of spouse or child
58 Payments to children
59 Period for which pensions payable
60 Payment of pension instalments
61 Minimum pension
62 Payment to person other than pensioner
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Division 5—Existing pension rights
66 Application of Division
67 Certain pensioners who become employees not to contribute except in respect of difference
68 Rights under other Acts and State Acts
69 Election to come under Act for difference
70 Right of employee not electing under section 69 to come under Act for limited purposes
71 Exchange of pension rights for equivalent rights under this Act
72 Employee having right to refund or gratuity under other law may exchange his rights for equivalent rights under this Act
73 Increase in certain pensions
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Division 6—Assurance policies
74 Transfer of policies to Board
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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
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Part VA—Family law superannuation splitting
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Division 1—Preliminary
93DA Definitions
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Division 2—Benefits for non member spouse
93DB Associate pension for non member spouse
93DC Commutation of small associate pension
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Division 3—Reduction of benefits for member spouse
93DD Reduction of standard pension
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Division 4—Miscellaneous
93DE Ministerial Orders
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Part VIA—Special provisions in relation to certain employees formerly in private employment
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Division 1—Preliminary
100A Interpretation
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Division 2—The Superannuation Fund
100B Definition
100C Contributions for pension by relevant employee
100D Payment of prescribed amount to Board
100E Refunds of contributions to prescribed employees
100F Preservation of other superannuation rights
100G Increased contributions by the Commonwealth
100H Certain amounts to be paid by the Commonwealth to the Fund
100J Rights of certain relevant employees
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Division 3—The Provident Account
100K Definition
100L Contributions by certain relevant employees to Provident Account
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Division 4—Miscellaneous
100M Full time employment otherwise than as contributor to superannuation scheme
100N Prescribed employee to furnish Board with authority to obtain certain information
100P References to Board
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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
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Part VIIA—Special provisions in relation to certain employees who transfer from State employment
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Division 1—Preliminary
107A Interpretation
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Division 2—The Superannuation Fund
107B Definition
107C Contributions for pension by State employees
107D Prescribed employees contributing for restricted benefits
107E Prescribed amount paid to Board
107F Refunds of contributions to prescribed employees
107G Preservation of other superannuation rights
107H Increased contributions by the Commonwealth
107J Certain amounts to be paid by the Commonwealth to the Fund
107K Rights of certain State employees
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Division 3—The Provident Account
107L Definition
107M Provident Account contributions by State employees
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Division 4—Miscellaneous
107N Full time employment otherwise than as contributor to State Fund
107P References to Board
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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
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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
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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
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Part XA—Preservation of rights of certain contributors and former contributors
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Division 1—Preliminary
119A Interpretation
119B Determinations by the Board
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Division 2—Employees who have preserved rights from previous employment
119C Application of Division to former contributors to Provident Account
119D Transfer value payable in respect of previous employment
119E Pension payable in respect of previous employment
119F Deferred benefits applicable in respect of previous employment
119G Declaration by employee who has previously been in employment
119H Contributors with superannuation rights from previous employment
119J Rights of contributors who elect to pay transfer value to Board
119K Rights of contributors in other cases
119L Matters to be taken into account by actuary in furnishing advice to Board
119M Exemption of certain employees from medical examination
119MA Application of Division on and after 1 July 1976
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Division 3—Preservation of rights of persons ceasing to be contributors
119N Interpretation
119P Eligible employment
119Q Public employment
119R Eligible superannuation schemes
119S Transfer value
119T Deferred benefits
119U Election that Division apply
119V Circumstances in which transfer value payable
119W Circumstances in which person entitled to deferred benefits
119WA Medical examination etc. of persons to whom deferred benefits by way of pension are payable under section 119W
119WB Cancellation of pension where pension suspended for 12 months etc.
119WC Election for transfer value by persons in relation to whom deferred benefits are applicable
119X Person who is entitled to rights under this Division not entitled to rights under other provisions of this Act
119Y Certain former contributors not entitled to benefits under this Division
119Z Contributor who resigned to contest an election
119ZA Invalid pensioner restored to health
119ZB Person entitled to deferred benefits becoming a contributor
119ZBA Application of Division on and after 1 July 1976
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Division 4—Miscellaneous
119ZC Special provisions affecting former contributors under certain superannuation schemes
119ZD Special provisions in relation to persons to whom section 7 applies
119ZE Payments out of Consolidated Revenue Fund
119ZEA Application of Part on and after 1 July 1976
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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
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Part XIA—Review of decisions by CSC
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Division 1—Review of decisions by CSC
127 Review of decisions by CSC
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Division 2—Reconsideration Advisory Committees
128 Establishment of Committee
129 Members of Committee
130 Functions of Committee
131 Proceedings of Committee
132 Indemnification of members of a Committee
133 Remuneration and allowances
133A Recommendations by Committee to CSC
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Division 3—Review of decisions by the Administrative Appeals Tribunal
133B Review by the Administrative Appeals Tribunal
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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
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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
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Fourth Schedule
Table I
Table II
Fifth Schedule
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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
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Seventh Schedule—Factors applicable under section 44
Table I
Table II
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Miscellaneous
