Statutory  Rules  1991   No. 1921

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Superannuation (Existing Invalidity Pensioners) 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 (Existing Invalidity Pensioners) Regulations are amended as set out in these Regulations.

3.   Schedule 1 (Modifications of the Provisions of the Act in

the application of those provisions to and in relation to certain

persons referred to in section 180 of the Act who become

eligible employees)

 

3.1   Heading of the Schedule:

Omit the heading, substitute:

                                             “SCHEDULE 1                                       Regulation 3

 

MODIFICATION OF THE ACT IN ITS APPLICATION IN RELATION TO CERTAIN PERSONS REFERRED TO IN SECTION 180 OF THE ACT”.

 

3.2    Modifications of section 3 (sixth modification):

Omit “service, less any period during that period when the person was on leave of absence without pay and in respect of which subsection 51 (1) applies;” from paragraph (a) of the inserted definition of “period of contributory service”, substitute “service;”.

 

3.3    Modifications of section 3 (sixth modification):

Add at the end of the inserted definition of “period of contributory service”:

 

                     “but excluding from that aggregate of periods any period that is:

                                    (e)   a period of leave of absence without pay in respect of which subsection 51 (1) applies to the person; or

                                     (f)   a period of absence from duty in respect of which subsection 51a (1) as in force before 1 July 1990 applies to the person;

                                    (g)   a period that is taken, under subsection 51a (5) as in force on and from 1 July 1990, to be a non-contributory period of service for the person;”.

 

3.4   Modification of section 3 (ninth modification):

Omit “ ‘Board’ ” from the inserted definition of “Board”, substitute

“‘Superannuation Board’”.

 

3.5   Modification of section 7A:

Omit from substituted subsection 7A (1) “that, in accordance with the regulations,”, substitute “that”.

 

3.6   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,’”.

 

3.7   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.”.

 

3.8   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.’.”.

 

3.9   Modifications of section 62 (first modification):

Omit from substituted paragraph 62 (2) (b) “Board” (twice occurring), substitute “Superannuation Board”.

 

3.10  Modifications of section 62 (first modification):

Omit from substituted subparagraph 62 (2) (b) (i) “that, in accordance with the regulations,” substitute “that”.

 

3.11   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.”.

 

3.12   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.’.”.

 

3.13   Modifications of section 67 (third modification):

Omit “‘31 years’”, substitute “‘exceeds 30 years’”.

 

3.14   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.”.

 

3.15   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.’.”.

 

3.16   Modification of section 68 (second modification):

Omit “‘31 years’”, substitute “‘exceeds 30 years’”.

 

3.17   Modification of section 69:

Omit from substituted sub-subparagraphs 69 (2) (a) (ii) (A) and (B) “Board”, substitute “Superannuation Board”.

 

3.18   Modification of section 69:

Omit from substituted sub-subparagraph 69 (2) (a) (ii) (A) “that, in accordance with the regulations,”, substitute “that”.

 

3.19   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 223 or 224 applies—an amount equal to the annual rate of the pension to which the person would be entitled under subsection 223 (3) or 224 ((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.’.”.

 

3.20   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 223 or 224 applies—an amount equal to the annual rate of the pension to which the person would be entitled under subsection 223 (3) or 224 ((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.’.”.

 

3.21   Modification of section 72:

Omit from substituted sub-subparagraphs 72 (2) (a) (ii) (A) and (B) “Board”, substitute “Superannuation Board”.

 

 

3.22   Modification of section 72:

Omit from substituted sub-subparagraph 72 (2) (a) (ii) (A) “that, in accordance with the regulations,”, substitute “that”.

 

3.23   Modification of section 73:

Omit from substituted sub-subparagraphs 73 (2) (a) (ii) (A) and (B) “Board”, substitute “Superannuation Board”.

 

3.24   Modification of section 73:

Omit from substituted sub-subparagraph 73 (2) (a) (ii) (A) “that, in accordance with the regulations,”, substitute “that”.

 

3.25   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 225 (5A)’

 

96b.                    Omit from paragraph (1) (a) ‘90’, substitute ‘90, or subsection 225 (2) or (3)’

                            Omit from paragraph (1) (a) ‘96’, substitute ‘96, or subsection 225 (4) or (5)’

                            Omit ‘94 or 96’ from paragraph (2) (a), substitute ‘94, 96 or 225’.”.

 

3.26   Modification of section 111:

After the third modification, insert:

 

                     “Omit from subsection 111 (8) ‘(2),’, substitute ‘(4),’.”.

 

3.27   Modifications of section 184 (sixth modification):

Omit paragraph (b) of the modifications, substitute:

 

                         “(b)   with effect from and including 18 December 1986 until the end of 30 June              1990, subsection (5) as in force on 18 December 1986; and

                           (c)   with effect from and including 1 July 1990, subsection (5) as in force on and          after that day.”.

 

3.28   Modifications of section 184:

After the sixth modification, insert:

 

                     “After subsection (5), insert:

                             ‘(5AA)   Subsection 91 (3) of the Superannuation Legislation Amendment Act 1990 has effect in relation to decisions made under this section as modified by the Superannuation (Existing Invalidity Pensioners) Regulations.’”.

 

3.29   Modification of Part IX:

Omit from added paragraph 130B (b) “Board”, substitute “Superannuation Board”.

 

3.30   Modification of Part IX:

Omit from added subparagraphs 223 (4) (b) (i) and (ii) “Board”, substitute “Superannuation Board”.

 

3.31   Modification of Part XII (first modification):

Omit from added subsection 224 (4) the definition of factor B, substitute:

 

                     “B is:

                                    (a)   where that part of the 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

                                    (b)   where that part of the person’s period of contributory service commencing on the commencing day consists of a number of complete years and a part of a year—the sum of:

                                                     (i)   the number of complete years included in that period; and

                                                    (ii)   the number of days in that part of a year divided by 365.”.

 

3.32   Modifications of Part XII (first modification):

After added subsection 225 (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 subsections 93 (1) and (2) spouse’s pension is payable at the rate at which pension would have been payable on those days if the pensioner had survived.”.

 

3.33   Modifications of Part XII (first modification):

Omit from added subsection 225 (6) the definition of factor B, substitute:

 

                     “B is:

                                    (a)   where that part of the 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

                                    (b)   where that part of the person’s period of contributory service commencing on the commencing day consists of a number of complete years and a part of a year—the sum of:

                                                     (i)   the number of complete years included in that period; and

                                                    (ii)   the number of days in that part of a year divided by 365.”.

 

3.34   Modifications of Part XII (first modification):

Omit subparagraph (b) (ii) of the definition of factor E in added subsection 227 (2), substitute:

 

                                     “(ii)   the number of complete years, where the person ceased to be an eligible employee on attaining the age of 60 years, in his or her period of contributory service and any period during that period when the person was on leave of absence of a kind specified in section 228A is less than 20 years or, where the person ceased to be an eligible employee after attaining that age, the number of complete years in what would have been his or her period of contributory service if the person had ceased to be an eligible employee on attaining that age and any period during that period when the person was on leave of absence of a kind specified in section 228A is less than 20 years; and”.

 

3.35   Modifications of Part XII (first modification):

Omit subparagraph (b) (v) of the definition of factor E in added subsection 227 (2), substitute:

 

                                     “(v)   the balance of that prescribed amount multiplied by the factor specified in column 2 of Schedule 10 opposite to the number of complete years specified in column 1 of that Schedule that is equal to the number of complete years, where the person ceases to be an eligible employee on attaining the age of 60 years, in his or her period of contributory service and any period during that period when the person was on leave of absence of a kind specified in section 228A or, where the person ceased to be an eligible employee after attaining that age, in what would have been his or her period of contributory service if the person had ceased to be an eligible employee on attaining that age and any period during that period when the person was on leave of absence of a kind specified in section 228a; and”.

 

3.36   Modifications of Part XII (first modification):

Omit subparagraph (b) (ii) of the definition of factor E in added subsection 228 (2), substitute:

 

                                     “(ii)   the number of complete years in the period that is the aggregate of the person’s period of contributory service, any period during that period when the person was on leave of absence of a kind specified in section 228A and the period commencing on the day immediately following the person’s last day of service and ending on the day on which the person will, or but for his or her death would, attain the age of 60 years is less than 20 years; and”.

 

3.37   Modifications of Part XII (first modification):

After added section 228, insert:

 

                            Definition of “period of leave of absence”—sections 227 and 228

                            “228a.   For the purposes of paragraph (b) of the definition of factor E in subsections 227 (2) and 228 (2) respectively, the following periods 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.”.

 

3.38   Modifications of Part XII (second modification):

Omit the modification (being the matter headed “Division 9—further provision”).

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NOTES

 

1.      Notified in the Commonwealth of Australia Gazette on 28 June 1991.

 

2.      Statutory Rules 1988 No. 275.