Statutory Rules 1991 No. 469¹

Superannuation (Approved Part-time Employees) Regulations² (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 12 December 1991.

BILL hayden

Governor-General

By His Excellency’s Command,

Minister of State for Finance

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Superannuation (Approved Part-time Employees) Regulations.

Schedule

2. Part I of the Schedule to the Principal Regulations is amended:

(a) by omitting “paragraph (b)” from paragraph (a) of the definition of “period of contributory service” in the text substituted by the third modification of subsection 3 (1) of the Act and substituting “paragraph (b). (c). (d). (e) or (f)”;

30557 (S.R. 284/90)—Cat. No.                                                                                                                    14/4.12.1991

(b) by adding at the end of the definition of “period of contributory service” in the text substituted by the third modification of subsection 3 (1) of the Act the following word and paragraphs:

“or (c) if the person was, immediately before he or she last became an eligible employee, an existing invalidity pensioner within the meaning of subsection 180 (1)—the aggregate of:

(i) the period ascertained in accordance with subparagraph (a) (i); and

(ii) the period ascertained in accordance with subparagraph (a) (ii); and

(iii) the period during which a pension of a kind referred to in section 64a or 65 of the superseded Act as in force immediately before the repeal of that section (other than a deferred benefit by way of a pension referred to in subsection 64a (1) of the superseded Act as then in force) was payable to the person or would, but for the pension having been suspended, have been payable, as the case requires; and

(iv) every period that, under section 233 of the Act as modified by the Superannuation (Existing Invalidity Pensioners) Regulations, is a prescribed period of service in relation to the person; and

(v) every period that, under section 234 of the Act as so modified, is an additional period of service in relation to the person; or

(d) if the person was immediately before ceasing to be an eligible employee, a person in relation to whom regulation 5 of the Superannuation (Transfer Arrangements) Regulations applies, the aggregate of the period or periods specified in paragraph (a) that would otherwise be applicable to the person and the period expressed in years and fractions of a year worked out in accordance with the formula:

where:

EC is the number that is equal to the number of whole dollars contained in the employer component of the transfer value paid under the superannuation scheme known as the Commonwealth Hostels Provident Fund in respect of the former eligible employee;

S is the number that is equal to the number of whole dollars contained in the amount that is 12.5% of the annual rate of salary of the former eligible employee on 8 June 1980; or

(e) if the person was, immediately before ceasing to be an eligible employee, a person in relation to whom regulation 9 of the Superannuation (Transfer Arrangements) Regulations applies, the aggregate of the period or periods specified in paragraph (a) that would otherwise be applicable to the person and the period that commenced on 24 November 1976 and ended at the expiration of 18 December 1985; or

(f) if the person was, immediately before ceasing to be an eligible employee, a person in relation to whom regulation 11 of the Superannuation (Transfer Arrangements) Regulations applies.

the aggregate of the period or periods specified in paragraph (a) that would otherwise be applicable to the person and the period that, for the purposes of section 28b of the Superannuation Act 1916 of the State of New South Wales as amended and in force immediately before 31 March 1977, would have been his or her period of contributory service if he or she had retired from his or her State employment within the meaning of subsection 127 (1) of the Act as modified by Schedule 8 of those Regulations on 30 March 1977;’’;

(c) by omitting “paragraph (b)” from paragraph (a) of the definition of “period of employment” in the text substituted by the third modification of subsection 3 (1) of the Act and substituting “paragraph (b), (c), (d), (c) or (f)”;

(d) by adding at the end of the definition of “period of employment” in the text substituted by the third modification of subsection 3 (1) of the Act the following word and paragraphs:

“or (c) if the person was, immediately before he or she last became an eligible employee, an existing invalidity pensioner within the meaning of subsection 180 (1)—the aggregate of:

(i) the period commencing on the person’s first day of service and ending on the person’s last day of service less any period during that period:

(a) when the person was on leave of absence without pay and in respect of which subsection 51 (1) applies to the person; or

(b) when the person was absent from duty and in respect of which subsection 5la (1) as in force before 1 July 1990 applies to the person; or

(c) that is taken, under subsection 5la (5) as in force on and after 1 July 1990, to be a non-contributory period of service for the person; and

(ii) the period during which a pension of a kind referred to in section 64a or 65 of the superseded Act as in force immediately before the repeal of that section (other than a deferred benefit by way of a pension referred to in subsection 64a (1) of the superseded Act as then in force) was payable to the person or would, but for the pension having been suspended, have been payable, as the case requires; and

(iii) every period that, under section 233 of the Act as modified by the Superannuation (Existing Invalidity Pensioners) Regulations, is a prescribed period of service in relation to the person: and

(iv) every period that under section 234 of the Act as so modified, is an additional period of service in relation to the person; or

(d) if the person was, immediately before ceasing to be an eligible employee, a person in relation to whom regulation 5 of the Superannuation (Transfer Arrangements) Regulations applies, the aggregate of:

(i) the period or periods applicable under paragraph (a) that would otherwise be applicable to the person; and

(ii) the period expressed in years and a fraction of a year worked out in accordance with the formula:

where:

EC is the number that is equal to the number of whole dollars contained in the employer component of the transfer value paid under the superannuation scheme known as the Commonwealth Hostels Provident Fund in respect of the former eligible employee;

S is the number that is equal to the number of whole dollars contained in the amount that is 12.5% of the annual rate of salary of the former eligible employee on 8 June 1980; or

(e) if the person was, immediately before ceasing to be an eligible employee, a person in relation to whom regulation 9 of the Superannuation (Transfer Arrangements) Regulations applies, the aggregate of:

(i) the period or periods applicable under paragraph (a) that would otherwise be applicable to the person; and

(ii) the period that commenced on 24 November 1976 and ended at the end of 18 December 1985; or

(f) if the person was, immediately before ceasing to be an eligible employee, a person in relation to whom regulation 11 of the Superannuation (Transfer Arrangements) Regulations applies, the aggregate of:

(i) the period or periods applicable under paragraph (a) that would otherwise be applicable to the person; and

(ii) the period that, for the purposes of section 28b of the Superannuation Act 1916 of the State of New South Wales as amended and in force immediately before 31 March 1977, would have been his or her period of contributory service if he or she had retired from his other State employment within the meaning of subsection 127(1) of the Act as modified by Schedule 8 of those Regulations on 30 March 1977;”;

(e) by omitting the modifications of section 5 of the Act and substituting the following modifications:

“5 Omit from subsection (2) ‘sub-section (3)’, substitute ‘subsections (2a) and (3)’”.

After subsection (2) insert the following subsection;

“(2a) For the purposes of this Act but subject to subsection (3). the annual rate of salary on a particular day of an eligible employee who is on that day an approved part-time employee is to be taken to be the amount per annum of the salary that would be payable to the eligible employee on that day if the eligible employee were on that day employed to perform on a full-time basis the work or duties that, under the terms and conditions of his or her employment, the eligible employee is required to perform.”;

(f) by inserting in the text substituted by the modification of paragraph 69 (2) (b) of the Act “the sum of the amount of the

person’s accumulated supplementary contributions (if any) and” before “the greater of”:

(g) by inserting in the text substituted by the modification of paragraph 72 (2) (b) of the Act “the sum of the amount of the person’s accumulated supplementary contributions (if any) and” before “the greater of”;

(h) by inserting in the text substituted by the modification of paragraph 73 (2) (b) of the Act “the sum of the amount of the person’s accumulated supplementary contributions (if any) and” before “the greater of”.

(j) by omitting from the second modification of section 184 of the Act “paragraph (5) (b)”and substituting “paragraphs (5a) (a), (b) and (c)”;

(k) by adding at the end of section 8a of the Act as inserted by the modifications of Part I of the Act the following subsection:

“(3) If:

(a) a person ceases to be an eligible employee and. upon so ceasing, deferred benefits arc applicable in relation to the person by virtue of Division 3 of Part IX; and

(b) those deferred benefits cease to be applicable in relation to the person upon a deferred benefit by way of invalidity pension becoming payable to the person; and

(c) the person again becomes an eligible employee and the person’s entitlement to deferred benefit is, upon the person’s becoming an eligible employee, cancelled under subsection 76 (1);

then, upon the person’s next ceasing to be an eligible employee, there is to be added to the period that, but for this subsection, would be the person’s period of employment:

(d) the period that was:

(i) if subparagraph (ii) does not apply—the person’s period of employment upon his or her previously ceasing to be an eligible employee and becoming a person in relation to whom deferred benefits are applicable: or

(ii) in the case of a person who was not an approved part-time employee at any time during the period during which the person had been an eligible employee immediately before he or she previously ceased to be an eligible employee and became a person in relation to whom deferred benefits are applicable—a period equal to the person’s period of contributory service upon his or her previously ceasing to be an eligible employee and becoming a person in relation to whom deferred benefits are applicable; and

(e) if, during any period after the person’s previously so ceasing to be an eligible employee and before the person again becomes an eligible employee, the person was in receipt of a deferred benefit by way of invalidity pension in accordance with section 67 or 68—any period in respect of which that pension was payable.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December1991.

2. Statutory Rules 1986 No. 48 as amended by 1991 No. 173.

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