Statutory Rules 1995 No. 2001
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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, make the following Regulations under the Superannuation Act 1976.
Dated 30 June 1995.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
KIM C. BEAZLEY
Minister for Finance
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1. Commencement
1.1 These Regulations commence on 1 July 1995.
2. Amendment
2.1 The Superannuation (Eligible Employees) Regulations are amended as set out in these Regulations.
3. Regulation 1 (Citation)
3.1 Omit the regulation, substitute:
Citation
“1. These Regulations may be cited as the Superannuation (CSS) Eligible Employees Regulations.”.
4. Regulation 3 (Interpretation)
4.1 Definitions of “SMEC” and “SMEC relevant day”:
Omit the definitions.
4.2 Definition of “superannuation scheme”:
Omit the definition, substitute:
“‘superannuation scheme’ means a superannuation or retirement benefits scheme applying to persons by reason of their being engaged in certain employment but, subject to subregulation 4 (6), does not include:
(a) the scheme constituted by the provisions of the Act; or
(b) the Northern Territory Police Supplementary Benefit Scheme, being the scheme of that name to which members of the Police Force of the Northern Territory are, under the terms and conditions of service applicable to them, required to contribute; or
(c) a scheme to the extent that membership of that scheme by the person is for the preservation or payment of productivity related benefits as defined in section 110A of the Act; or
(d) the Public Sector Superannuation Scheme to the extent that membership of that scheme by the person relates to other employment; or
(e) a scheme to the extent that participation in that scheme on the person’s behalf by the person’s employer is for purposes solely related to satisfying the employer’s obligations under the Superannuation Guarantee (Administration) Act 1992;”.
5. Regulation 4 (Persons not included in definition of “eligible employee”)
5.1 Subparagraph 4 (1) (aa) (iii):
Omit the subparagraph, substitute:
“(iii) are not on leave of absence without pay from that office; and”.
5.2 Subregulation 4 (1):
After paragraph (c), insert:
“; (d) persons any of whose benefits provided for in the Act become compulsorily payable under the SIS Act;”.
5.3 Subparagraph 4 (1) (o) (iia):
Omit the subparagraph, substitute:
“(iia) who are not on leave of absence without pay from that employment or office; and”.
5.4 Paragraph 4 (1) (y):
Omit the paragraph.
5.5 Subparagraph 4 (3) (b) (ii):
Omit the subparagraph, substitute:
“(ii) any of the following circumstances:
(A) contributions are made to the scheme in relation to performance pay;
(B) the person is a member of the scheme for the purpose of the preservation or payment of productivity related benefits as defined in section 110A of the Act;
(C) participation in the scheme on the person’s behalf by the person’s employer is for purposes solely related to satisfying the employer’s obligations under the Superannuation Guarantee (Administration) Act 1992;
but no other circumstance (except that mentioned in subparagraph (i)).”.
5.6 Subregulation 4 (6)
Omit all the words before paragraph (a), substitute:
“(6) Paragraphs (c) and (e) of the definition of ‘superannuation scheme’ do not apply in relation to:”.
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NOTES
1. Notified in the Commonwealth of Australia Gazette on 30 June 1995.
2. Statutory Rules 1976 No. 140 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; 1986 Nos. 265, 345 and 373; 1987 Nos. 10, 62, 114, 225 and 306; 1988 Nos. 41, 59 and 149; 1989 Nos. 37, 85, 98, 121 and 169; 1990 Nos. 97, 142, 178 and 180; 1992 Nos. 429 and 458 1994 Nos. 133, 232 and 272.