Statutory Rules 1991 No. 1911
________________
Superannuation (Former Contributors for
Units of Pension) Regulations 2 (Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation Act 1976.
Dated 27 June 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
JOHN N. BUTTON
Minister of State for Industry, Technology and Commerce
for and on behalf of the
Minister of State for Finance
____________
1. Commencement
1.1 These Regulations are taken to have commenced on 1 July 1990.
2. Amendment
2.1 The Superannuation (Former Contributors for Units of Pension) Regulations are amended as set out in these Regulations.
3. Schedule (Modifications of the Act and the provisions of the
Act in the application of the Act and those provisions to and in relation to certain persons to whom section 183 of the Act applies)
3.1 Heading of the Schedule:
Omit the heading, substitute:
“SCHEDULE Regulation 4
MODIFICATION OF THE ACT IN ITS APPLICATION IN RELATION TO CERTAIN PERSONS TO WHOM SECTION 183 OF THE ACT APPLIES”.
3.2 Modifications of subsection 3 (1) (second modification):
Omit “ ‘Board’ ” from the inserted definition of “Board”, substitute “‘Superannuation Board’.”.
3.3 Modifications of section 55 (first modification):
Omit the modification, substitute:
“Omit from subsection (1) ‘then, if the person does not make an election under section 62 and subject to sub-section (3) of this section,’, substitute ‘and the person does not make an election under section 62,’”.
3.4 Modifications of section 56 (third modification):
Omit from substituted subsection 56 (3) all the words from and including “equal to the sum” to the end, substitute:
“calculated in accordance with the formula:
$1,300 + eq ,
where:
FS is the person’s final annual rate of salary;
RP is such percentage as, having regard to the number of complete years included in that period of contributory service, is applicable in accordance with Table 2 in Schedule 1 or, in a case to which subsection (3A) applies, the substituted percentage specified in that subsection.”.
3.5 Modifications of section 56 (third modification):
After substituted subsection (3), insert:
“‘(3A) If the period of contributory service of a person referred to in subsection (3) exceeds 10 years and consists of a number of complete years and a part of a year, the substituted percentage referred to in the definition of factor RP in that subsection is the percentage calculated in accordance with the formula:
P + eq ,
where:
P is the percentage referred to in that definition; and
D is the number of days included that part of a year.’.”.
3.6 Modifications of section 62 (first modification):
Omit from substituted paragraph 62 (2) (b) “Board” (twice occurring), substitute “Superannuation Board”.
3.7 Modifications of section 62 (first modification):
Omit from substituted subparagraph 62 (2) (b) (i) “that, in accordance with the regulations,” substitute “that”.
3.8 Modifications of section 67 (second modification):
Omit substituted paragraph 67 (2) (b), substitute:
“(b) if the period of prospective service of the person is less than 20 years—an amount per annum calculated in accordance with the formula:
$1,820 + eq
where:
FS is the person’s final annual rate of salary;
RP is such percentage as, having regard to the number of complete years included in that period of prospective service, is applicable in accordance with Columns 1 and 2 in Schedule 4 or, in a case to which subsection (2A) applies, the substituted percentage specified in that subsection.”.
3.9 Modifications of section 67 (second modification):
After substituted subsection 67 (2), insert:
“‘(2A) If the period of prospective service of a person referred to in paragraph (2) (b) exceeds 10 years and consists of a number of complete years and a part of a year, the substituted percentage referred to in the definition of factor RP in that paragraph is the percentage calculated in accordance with the formula:
P + eq ,
where:
P is the percentage referred to in that definition; and
D is the number of days included that part of a year.’.”.
3.10 Modifications of section 67 (third modification):
Omit “‘31 years’”, substitute “‘exceeds 30 years’”.
3.11 Modifications of section 68 (first modification):
Omit substituted paragraph 68 (2) (b), substitute:
“(b) if the period of prospective service of the person is less than 20 years—an amount per annum calculated in accordance with the formula:
$1,300 + eq ,
where:
FS is the person’s final annual rate of salary;
RP is such percentage as, having regard to the number of complete years included in that period of prospective service, is applicable in accordance with Columns 1 and 3 in Schedule 4 or, in a case to which subsection (2A) applies, the substituted percentage specified in that subsection.”.
3.12 Modifications of section 68 (first modification):
After substituted subsection 68 (2), add:
“ ‘(2A) If the period of prospective service of a person referred to in paragraph (2) (b) exceeds 10 years and consists of a number of complete years and a part of a year, the substituted percentage referred to in the definition of factor RP in that paragraph is the percentage calculated in accordance with the formula:
P + eq ,
where:
P is the percentage referred to in that definition; and
D is the number of days included that part of a year.’.”.
3.13 Modification of section 68 (second modification):
Omit “‘31 years’”, substitute “‘exceeds 30 years’”.
3.14 Modification of section 69:
Omit from substituted sub-subparagraphs 69 (2) (a) (ii) (A) and (B) “Board”, substitute “Superannuation Board”.
3.15 Modification of section 69:
Omit from substituted sub-subparagraph 69 (2) (a) (ii) (A) “that, in accordance with the regulations,”, substitute “that”.
3.16 Modification of section 70:
Omit substituted subsection 70 (2), substitute:
“ ‘(2) The annual rate of pension to which a person to whom this section applies is entitled is an amount per annum calculated in accordance with the formula:
A x F,
where:
A is:
(a) except where paragraph (b) applies—an amount equal to 70 percent of that person’s final annual rate of salary; or
(b) where the person is a person to whom section 213 or 214 applies—an amount equal to the annual rate of the pension to which the person would be entitled under subsection 213 (3) or 214 (3), as the case may be, if the period of prospective service of the person were not less than 20 years and the person were entitled to invalidity benefit by reason of subsection 66 (1) and did not make an election under section 68 or 69;
F is such factor as, having regard to the number of complete years included in the person's period of contributory service, is applicable in accordance with Schedule 7 or, in a case to which subsection (3) applies, the substitute factor specified in that subsection.
(3) If the period of contributory service of the person consists of a number of complete years and a part of a year, the substitute factor referred to in the definition of factor F in subsection (2) is the factor calculated in accordance with the formula:
F + eq ,
where:
F is the factor referred to in subsection (2); and
D is the number of days included in that part of a year.’.”.
3.17 Modification of section 71:
Omit substituted subsection 71 (2), substitute:
“‘(2) The annual rate of pension to which a person to whom this section applies is entitled is an amount per annum calculated in accordance with the formula:
A x F
where:
A is:
(a) except where paragraph (b) applies—an amount equal to 50 percent of that person’s final annual rate of salary; or
(b) where the person is a person to whom section 213 or 214 applies—an amount equal to the annual rate of the pension to which the person would be entitled under subsection 213 (3) or 214 (3), as the case may be, if the period of prospective service of the person were not less than 20 years and the person were entitled to invalidity benefit by reason of subsection 66 (1) and made an election under section 68;
F is such factor as, having regard to the number of complete years included in the person's period of contributory service, is applicable in accordance with Schedule 7 or, in a case to which subsection (3) applies, the substitute factor specified in that subsection.
‘(3) If the period of contributory service of the person consists of a number of complete years and a part of a year, the substitute factor referred to in the definition of factor F in subsection (2) is the factor calculated in accordance with the formula:
F + eq ,
where:
F is the factor referred to in subsection (2); and
D is the number of days included in that part of a year.’.”.
3.18 Modification of section 72:
Omit from substituted sub-subparagraphs 72 (2) (a) (ii) (A) and (B) “Board”, substitute “Superannuation Board”.
3.19 Modification of section 72:
Omit from substituted sub-subparagraph 72 (2) (a) (ii) (A) “that, in accordance with the regulations,”, substitute “that”.
3.20 Modification of section 73:
Omit from substituted sub-subparagraphs 73 (2) (a) (ii) (A) and (B) “Board”, substitute “Superannuation Board”.
3.21 Modification of section 73:
Omit from substituted sub-subparagraph 73 (2) (a) (ii) (A) “that, in accordance with the regulations,”, substitute “that”.
3.22 After the modification of section 96, insert:
“96a. Omit ‘95 (2) or 96 (3)’ from paragraphs (a), (b) and (e), substitute ‘95(2), 96 (3) or 215 (5a)’
“96b. Omit from paragraph (1) (a) ‘90’, substitute ‘90, or subsection 215 (2) or (3)’
Omit from paragraph (1) (a) ‘96’, substitute ‘96, or subsection 215 (4) or (5)’
Omit ‘94 or 96’ from paragraph (2) (a), substitute ‘94, 96 or 215’.”.
3.23 Modification of section 111:
After the third modification, insert:
“Omit from subsection 111 (8) ‘(2),’, substitute ‘(4),’.”.
3.24 Modification of Part IX:
Omit from added paragraph 130B (b) “Board”, substitute “Superannuation Board”.
3.25 Modification of Part XII:
Omit from added subparagraphs 213 (4) (b) (i) and (ii) “Board”, substitute “Superannuation Board”.
3.26 Modification of Part XII:
Omit from added subsection 214 (4) the definition of factor B, substitute:
“B is:
(a) where the prescribed person is or has been an approved part-time employee:
(i) if that part of the prescribed person’s period of employment, within the meaning of subsection 3 (1) as modified by the Superannuation (Approved Part-time Employees) Regulations, that commenced on the commencing day consists exactly of a number of complete years—the number of complete years included in that period; or
(ii) if that period of employment consists of a number of complete years and a part of a year—the sum of:
(A) the number of complete years included in that period; and
(B) the number of days in that part of a year divided by 365; or
(b) in any other case:
(i) if that part of the prescribed person’s period of contributory service commencing on the commencing day consists exactly of a number of complete years—the number of complete years included in that period; or
(ii) if that period of contributory service consists of a number of complete years and a part of a year—the sum of:
(A) the number of complete years included in that period; and
(B) the number of days in that part of a year divided by 365.”.
3.27 Modification of Part XII:
After added subsection 215 (5), insert:
“‘(5A) In spite of subsections (4) and (5), on each of the 7 pension pay days immediately following the death of a pensioner referred to in subsection 93 (1) or (2) spouse’s pension is payable at the rate at which pension would have been payable on those days if the pensioner had survived.’.”.
3.28 Modification of Part XII:
Omit from added subsection 215 (6) the definition of factor B, substitute:
“B is:
(a) where the prescribed eligible employee was or had been an approved part-time employee:
(i) if that part of the prescribed eligible employee’s period of employment, within the meaning of subsection 3 (1) as modified by the Superannuation (Approved Part-time Employees) Regulations, that commenced on the commencing day consists exactly of a number of complete years—the number of complete years included in that period; or
(ii) if that period of employment consists of a number of complete years and a part of a year—the sum of:
(A) the number of complete years included in that period; and
(B) the number of days in that part of a year divided by 365; or
(b) in any other case:
(i) if that part of the prescribed eligible employee’s period of contributory service commencing on the commencing day consists exactly of a number of complete years—the number of complete years included in that period; or
(ii) if that period of contributory service consists of a number of complete years and a part of a year—the sum of:
(A) the number of complete years included in that period; and
(B) the number of days in that part of a year divided by 365.”.
3.29 Modification of Part XII:
Omit from subparagraphs (b) (ii) and (v) of the definition of factor E in added subsection 217 (2) “that period when he was on leave of absence without pay and in respect of which sub-section 51 (1) applies” (twice occurring in each of the subparagraphs), substitute “that period when the person was on leave of absence of a kind specified in section 218A”.
3.30 Modification of Part XII:
Omit from subparagraph (b) (ii) of the definition of factor E in added subsection 218 (2) “that period when he was on leave of absence without pay and in respect of which sub-section 51 (1) applies”, substitute “that period when the person was on leave of absence of a kind specified in section 218A”.
3.31 Modification of Part XII:
After added section 218, insert:
Definition of “period of leave of absence”—sections 217 and 218
“‘218A. For the purposes of paragraph (b) of the definition of factor E in subsections 217 (2) and 218 (2) respectively, the following periods of leave of absence are specified:
(a) a period of leave of absence without pay in respect of which subsection 51 (1) applies to the person referred to in the relevant paragraph;
(b) a period of absence from duty in respect of which subsection 51a (1) as in force before 1 July 1990 applies to the person;
(c) a period that is taken, under subsection 51A (5) as in force on and after 1 July 1990, to be a non-contributory period of service for that person.’.”.
___________________________________________________
NOTES
1. Notified in the Commonwealth of Australia Gazette on 28 June 1991.
2. Statutory Rules 1978 No. 281.