Federal Register of Legislation - Australian Government

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SR 1987 No. 155 Regulations as made
These Regulations amend the Superannuation (Retiring Age) Regulations.
Administered by: Finance
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Exempt from sunsetting by the Legislative Instruments Regulations 2004 Sch 3 item 40
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR14-Sep-1987
Tabled Senate14-Sep-1987
Gazetted 15 Jul 1987
Date of repeal 19 Mar 2014
Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014

Commonwealth Coat of Arms of Australia

Statutory Rules 1987 No. 1551

 

Superannuation (Retiring Age) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Superannuation Act 1976.

Dated 7 July 1987.

N. M. STEPHEN

Governor-General

By His Excellencys Command,

Peter Walsh

Minister of State for Finance

 

Principal Regulations

1. In these Regulations, Principal Regulations means the Superannuation (Retiring Age) Regulations.

2. Regulation 4 of the Principal Regulations is repealed and the following regulation substituted:

Maximum retiring age

4. (1) For the purposes of the definition of maximum retiring age in subsection 3 (1) of the Act, the maximum retiring age in relation to a person who is, or has been, an eligible employee and whose maximum retiring age is an age less than 65 years is the maximum retiring age applicable to the person under the terms and conditions under which:

(a) he or she is employed or holds office; or

(b) he or she was employed or held office on his or her last day of service;

as the case requires.

(2) Subregulation (1) does not apply in relation to an eligible employee, being an existing contributor, who was, immediately before the commencing day, contributing under the superseded Act for units of pension at rates based on a retiring age of 65 years.

 

(S.R. 169/87)—Cat. No.                                                                                                                                     14/18.6.1987


 

(3) In subregulation (1), a reference to terms and conditions includes a reference to any law of the Commonwealth affecting the maximum retiring age of a person to whom that subregulation applies..

3. Regulation 5 of the Principal Regulations is repealed and the following regulation substituted:

5. (1) For the purposes of the definition of minimum retiring age in subsection 3 (1) of the Act, the minimum retiring age in relation to a person who is, or has been, an eligible employee and whose minimum retiring age is an age less than 60 years is the minimum retiring age applicable to the person under the terms and conditions under which:

(a) he or she is employed or holds office; or

(b) he or she was employed or held office on his or her last day of service;

as the case requires.

(2) In subregulation (1), a reference to terms and conditions includes a reference to any law of the Commonwealth affecting the minimum retiring age of a person to whom that subregulation applies..

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 15 July 1987.

2. Statutory Rules 1977 No. 106 as amended by 1978 No. 228; 1981 Nos. 14, 231 and 384; 1982 No. 208; 1983 Nos. 33, 34, 74, 75, 320 and 321; 1984 Nos. 10, 157, 183, 190, 241, 264, 288, 368 and 480; 1985 Nos. 31, 344 and 355; 1986 Nos. 126, 188, 207, 333 and 339.

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