Statutory Rules 1986 No. 265¹

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Superannuation (Eligible Employees)

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 25 September 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Peter Walsh

Minister of State for Finance

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Commencement

1. These Regulations shall come into operation on 1 October 1986.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Superannuation (Eligible Employees) Regulations.

Interpretation

3. Regulation 3 of the Principal Regulations is amended—

(a) by inserting before the definition of “designated position” the following definition:

“ ‘deferred invalidity pension’ means—

(a) a deferred benefit by way of invalidity pension that is payable under the Act or that would, but for the pension having been suspended, be so payable; and

(b) a deferred benefit by way of a pension that is payable under the superseded Act by reason of the Commissioner or the Superannuation Board having been satisfied as to the matters referred to in paragraph 119w (2) (a) of that Act or that would, but for the pension having been suspended, be so payable;”;

(S.R. 298/86)—Cat. No.                                                                                                                                     10/12.9.1986

(b) by inserting “, other than a deferred invalidity pension” after “pension” in paragraph (a) of the definition of “invalidity pensioner”;

(c) by inserting “as in force immediately before the repeal of those sections, being a pension other than a deferred invalidity pension,” after “Act,” in paragraph (b) of the definition of “invalidity pensioner”; and

(d) by inserting after the definition of “invalidity pensioner” the following definition:

“‘prescribed Northern Territory employee’ means a person who, on and after 30 September 1986, is, and continues to be, either employed by an approved authority, being the Northern Territory of Australia or an authority or body established under a law of that Territory, or the holder of a statutory office established by a law of that Territory, but who does not become, pursuant to section 52 of the Superannuation Act 1986 of that Territory, an eligible employee within the meaning of that Act;”.

Persons not included in definition of “eligible employee”

4. Regulation 4 of the Principal Regulations is amended by adding at the end the following paragraphs:

“(t) persons (including persons specified in a direction given under section 11, 12, 13 or 14 of the Act) who—

(i) on or after 1 October 1986, become employed by an approved authority, being the Northern Territory of Australia or an authority or body established under a law of that Territory, or appointed to a statutory office established by a law of that Territory;

(ii) are not prescribed Northern Territory employees;

(iii) are not so employed during a period when those persons are on leave without pay from employment by the Commonwealth or an approved authority, other than the Northern Territory of Australia or an authority or body established under a law of that Territory;

(iv) are not employed as members of the Police Force of the Northern Territory; and

(v) are not invalidity pensioners;

(u) persons who, immediately before 1 October 1986—

(i) are, and continue on and after that date to be, either employed by an approved authority, being the Northern Territory of Australia or an authority or body established under a law of that Territory, or the holders of a statutory office established by a law of that Territory;

(ii) are not so employed during a period when those persons are on leave without pay from employment by the

Commonwealth or an approved authority, other than the Northern Territory of Australia or an authority or body established under a law of that Territory;

(iii) are not employed as members of the Police Force of the Northern Territory;

(iv) are not invalidity pensioners; and

(v) are not eligible employees,”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 September 1986.

2. Statutory Rules 1976 No. 140 as amended by 1977 No. 157; 1978 Nos. 15 and 280; 1980 No. 181; 1982 No. 235; 1983 Nos. 76 and 77; 1984 No. 113; 1985 Nos. 343 and 375.

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