Statutory Rules 1993 No. 3511
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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 15 December 1993.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
RALPH WILLIS
Minister for Finance
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1. Commencement
1.1 Subregulation 3.3 is taken to have commenced on 1 July 1993.
[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]
2. Amendment
2.1 The Superannuation (Approved Part-time Employees) Regulations are amended as set out in these Regulations.
3. Schedule (Modifications—person who is, or at any time after his or her first day of service has been, an approved part-time employee)
3.1 Modifications of section 3 (third modification):
Add “or” at the end of paragraph (a) of the inserted definition of “period of employment”.
3.2 Modifications of section 5 (first modification):
Omit the modification, substitute:
| “Omit from subsection (2) ‘sub-sections (3), (3a), (3b) and (3c)’, substitute ‘subsections (2a), (3), (3a), (3b) and (3c)’”. |
3.3 After the modifications of section 46, insert:
“62a | Omit paragraph (a) of the definition of ‘notional accumulated SG contributions’ in subsection (1), substitute: ‘(a) the amount worked out by: (i) multiplying the person’s SG minimum contributions in relation to that period by the part-time factor; and |
| (ii) reducing the amount worked out under subparagraph (i) by the amount worked out in accordance with subsection (1a); and’ |
| “Insert after the definition of ‘notional accumulated SG contributions’ in subsection (1): ‘“part-time factor” means the factor: where B and C have the meanings given by subsection (1b);’ |
| “Insert after subsection (1): ‘(1a) The second-mentioned amount referred to in subparagraph (a) (ii) of the definition of “notional accumulated SG contributions”, being the amount by which the amount worked out under subparagraph (a) (i) of that definition is to be reduced, is: (a) if, under subsection (5), the Australian Government Actuary has determined an amount or a method of calculation that applies only to approved part-time employees—the amount specified in, or worked out in accordance with, that determination; or |
| (b) if, under subsection (5), the Australian Government Actuary has determined an amount or a method of calculation that applies to eligible employees generally—the amount worked out by multiplying the amount specified in, or worked out in accordance with, that determination by the part-time factor. |
| ‘(1b) In the definition of “part-time factor” in subsection (1), in relation to a person: B is: (a) except if paragraph (b) of this definition applies—the total number of hours that, in accordance with the terms and conditions of employment applying from time to time to the person, were the normal hours of duty of the person during the period of 1 year immediately preceding the most recent anniversary of the birth of the person; or |
| (b) if the person became an approved part-time employee on his or her first day of service and the most recent anniversary of the birth of the person occurred before that day—the number of hours that, in accordance with the terms and conditions of employment applying in relation to the person on his or her first day of service, were the normal hours of duty of the person for the period that was the basic work period in relation to the person; |
| C is: (a) except if paragraph (b) of this definition applies—the total number of hours that would have been the normal hours of duty of the person during the period referred to in paragraph (a) of the definition of factor B in relation to the person if, during the whole of that period, the person had performed his or her work or duties on a full-time basis; or |
| (b) if the person became an approved part-time employee on his or her first day of service and the most recent anniversary of the birth of the person occurred before that day—the number of hours that would have been the normal hours of duty of the person for the period that was the basic work period in relation to the person if, during the whole of that period, the person had performed his or her work or duties on a full-time basis.’ |
| “Omit from paragraphs (2) (a) and (b) ‘that percentage’, substitute ‘subject to subsection (2a), that percentage’ |
| “Omit from paragraph (2) (c) ‘the contribution percentage’, substitute ‘subject to subsection (2a), the contribution percentage’ |
| “After subsection (2), insert: ‘(2a) For the purposes of paragraphs (2) (a), (b) and (c), a person’s earnings for an accrual period is taken to be the amount worked out according to the formula: E ´ P where: E is the earnings of the person for the accrual period based on the person’s fortnightly rate of salary that, for the purposes of section 46, was payable on the most recent anniversary of birth of the person; and P is the part-time factor. |
| ‘(2b) If a person was an approved part-time employee other than a partial contributor during any period included in a period referred to in paragraph (a) of the definition of factor B in the definition of “part-time factor” in relation to that person, the person is to be taken, for the purposes of working out the part-time factor, to have performed his or her work or duties on a full-time basis during the first-mentioned period.’”. |
3.4 After the modifications of section 110c, insert:
“110sb | Omit paragraph (a) of the definition of ‘notional accumulated SG contributions’ in subsection (1), substitute: ‘(a) the amount worked out by: (i) multiplying the person’s SG minimum contributions in relation to that period by the part-time factor; and |
| (ii) reducing the amount worked out under subparagraph (i) by the amount worked out in accordance with subsection (1a); and’ |
| “Insert after the definition of ‘notional accumulated SG contributions’ in subsection (1): ‘“part-time factor” means the factor: where B and C have the meanings given by subsection (1b);’ |
| “Insert after subsection (1): ‘(1a) The second-mentioned amount referred to in subparagraph (a) (ii) of the definition of “notional accumulated SG contributions”, being the amount by which the amount worked out under subparagraph (a) (i) is to be reduced, is: (a) if, under subsection (5), the Australian Government Actuary has determined an amount or a method of calculation that applies only to approved part-time employees—the amount specified in, or worked out in accordance with, that determination; or |
| (b) if, under subsection (5), the Australian Government Actuary has determined an amount or a method of calculation that applies to eligible employees generally—the amount worked out by multiplying the amount specified in, or worked out in accordance with, that determination by the part-time factor. |
| ‘(1b) In the definition of “part-time factor” in subsection (1), in relation to a person: B is: (a) except if paragraph (b) of this definition applies—the total number of hours that, in accordance with the terms and conditions of employment applying from time to time to the person, were the normal hours of duty of the person during the period of 1 year immediately preceding the most recent anniversary of the birth of the person; or |
| (b) if the person became an approved part-time employee on his or her first day of service and the most recent anniversary of the birth of the person occurred before that day—the number of hours that, in accordance with the terms and conditions of employment applying in relation to the person on his or her first day of service, were the normal hours of duty of the person for the period that was the basic work period in relation to the person; |
| C is: (a) except if paragraph (b) of this definition applies—the total number of hours that would have been the normal hours of duty of the person during the period referred to in paragraph (a) of the definition of factor B in relation to the person if, during the whole of that period, the person had performed his or her work or duties on a full-time basis; or |
| (b) if the person became an approved part-time employee on his or her first day of service and the most recent anniversary of the birth of the person occurred before that day—the number of hours that would have been the normal hours of duty of the person for the period that was the basic work period in relation to the person if, during the whole of that period, the person had performed his or her work or duties on a full-time basis.’ |
| “Omit from paragraph (2) (a) and (b) ‘that percentage’, substitute ‘subject to subsection (2a), that percentage’ |
| “Omit from paragraph (2) (c) ‘the contribution percentage’, substitute ‘subject to subsection (2a), the contribution percentage’ |
| “After subsection (2), insert: ‘(2a) For the purposes of paragraphs (2) (a), (b) and (c), a person’s earnings for an accrual period is taken to be the amount worked out according to the formula: E ´ P where: E is the earnings of the person for the accrual period based on the person’s fortnightly rate of salary that, for the purposes of section 46, was payable on the most recent anniversary of birth of the person; and P is the part-time factor. |
| ‘(2b) If a person was an approved part-time employee other than a partial contributor during any period included in a period referred to in paragraph (a) of the definition of factor B in subsection (1b) in relation to that person, the person is to be taken, for the purposes of working out the part-time factor, to have performed his or her work or duties on a full-time basis during the first-mentioned period.’”. |
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NOTES
1. Notified in the Commonwealth of Australia Gazette on 17 December 1993.
2. Statutory Rules 1986 No. 48 as amended by 1991 Nos. 173 and 469.