Superannuation (Salary) Regulations (Amendment) 1994 No. 249

EXPLANATORY STATEMENT

STATUTORY RULES 1994 No. 249

Issued by the authority of the Minister for Finance

Superannuation Act 1976

Superannuation (Salary) Regulations (Amendment)

The Superannuation Act 1976 (the Act) makes provision for and in relation to an occupational superannuation scheme for certain Commonwealth employees and other persons.

Section 168 of the Act provides that the Governor-General may make regulations for the purposes of the Act.

Section 5 of the Act provides that regulations may make provision in relation to a person's annual rate of salary for the purposes of the Act. Regulations for the purposes of section 5 are contained in the Superannuation (Salary) Regulations (the Principal Regulations).

Special superannuation arrangements operate for Commonwealth employees transferred to State employment as a consequence of the transfer of Commonwealth Repatriation institutions to State control. The arrangements make provision for the annual rate of salary of members of the CSS to include the income supplementation paid to staff of Repatriation institutions transferred to State control.

To give effect to the superannuation arrangements for staff of Repatriation institutions, Statutory Rules 1992 No. 219 amended the Principal Regulations to allow the income supplementation, paid to staff of Repatriation institutions transferred to State control who are taken to have resigned from the Australian Public Service in accordance with subsection 14(2) of the Repatriation Institutions (Transfer) Act 1992, to be included in their annual rate of salary if they remain members of the CSS. Statutory Rules 1992, No. 219 commenced on 1 July 1992.

The Repatriation Institutions (Staff) Bill 1991 (the Repatriation Bill) was first presented to Parliament in 1991 and passed by the House of Representatives in November 1991. The Senate amended the Repatriation Bill in 1992 including the insertion of a new clause. The Repatriation Bill with amendments was represented to the House and was agreed to by the House. It was assented to on 17 June 1992 as the Repatriation Institutions (Transfer) Act 1992. Because of the insertion of a new clause, the provisions contained in the Repatriation Bill were renumbered such that, for example, clause 14 became clause 15.

When the Principal Regulations were amended by Statutory Rules 1992, No. 219, reference was made to the Repatriation Institutions (Transfer) Act 1992. However, the need to refer to subsection 15(2) instead of subsection 14(2) of that Act was not recognised at that time.

The regulations amend the Principal Regulations by replacing the reference to subsection 14 (2) of the Repatriation Institutions (Transfer) Act 1992 with a reference to subsection 15(2) of that Act.

The regulations commence on gazettal.