Statutory  Rules  1991   No. 1691

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Superannuation (Transfer Arrangements) 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

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1.   Commencement

1.1   These Regulations are taken to have commenced on 1 July 1990.

2.   Amendment

2.1   The Superannuation (Transfer Arrangements) Regulations are amended as set out in these Regulations.

3.   Schedule 8 (Modifications—certain transferring TAFE teachers)

3.1   Modifications of section 56 (fourth and sixth amendments):

Omit “(c)”, substitute “(ba)”.

3.2   Modification of Part IX (inserted subsection 127 (1)):

After the definition of “prescribed eligible employee”, insert:

“‘prescribed period’ means:

                    (a)   in relation to a person to whom section 130C applies—so much of the period commencing on the transfer day and ending on the person’s last day of service as is included in the period that, but for section 130d, would be the person’s period of contributory service; and

                    (b)   in relation to a person to whom section 130H or 130I applies—so much of the period commencing on the transfer day and ending on the person’s last day of service as is included in the person’s period of contributory service.”.

3.3   Modification of Part IX (inserted subsections 130C (3), 130H (2) and 130I (2)):

Omit the definition of factor B, substitute:

                           “B   is:

                                    (a)   where the period that is the prescribed period in relation to the person consists exactly of a number of complete years—the number of complete years included in that period; and

                                    (b)   where that period consists of a number of complete years and a part of a year:

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

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

4.   Schedule 10 (Modifications of the Act in its application to the prescribed class of persons referred to in subregulation 13 (1))

4.1   Item 2 ( substituted definition of “period of contributory service”):

Omit paragraph (d), substitute:

              “(d)   a period equal to the period beginning on the person’s first day of service and ending on the person’s last day of service, less any period during that period:

                                     (i)   when the person was on leave of absence from duty during a period in respect of which subsection 51 (1) applies to the person; or

                                    (ii)   when the person was absent from duty during a period in respect of which subsection 51A (1) as in force before 1 July 1990 applies to the person; or

                                   (iii)   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 the person; and”.

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NOTES

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

2.      Statutory Rules 1978 No. 255 as amended by 1980 No. 257; 1981 No.4; 1984 No. 404; 1985 No. 74; 1986 Nos. 90 and 311; 1988 No. 317; 1989 No. 303; 1990 Nos. 140 and 271.