Statutory Rules 1987 No. 290¹

Superannuation (Continuing Contributions

for Benefits) 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 11 December 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Peter Walsh

Minister of State for Finance

Commencement

1. These Regulations shall be deemed to have taken effect from and including 15 March 1981.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Superannuation (Continuing Contributions for Benefits) Regulations.

Classes of persons to which section 14a of the Act does not apply

3. Regulation 3 of the Principal Regulations is amended by adding at the end the following paragraphs and subregulation:

“(h) a class of persons each of whom:

(i) is a person (not being included in a class of persons referred to in paragraph (g)) who is a permanent employee or a temporary employee by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been re-appointed to the Australian Public Service under section 63f, 63g or 66b of the Public Service Act; and

(S.R. 325/87)—Cat. No.                                                                                                                                   14/25.11.1987

(ii) was not immediately before both:

(a) the termination or cessation of the employment to which the reinstatement relates; and

(b) the reinstatement;

an eligible employee;

(j) a class of persons each of whom:

(i) is a person who is performing duty in the Australian Public Service by virtue of having been deemed to have been re-appointed to that Service in accordance with section 87q of the Public Service Act; and

(ii) was not an eligible employee on the day immediately preceding the day on which he or she is to be deemed to have been so re-appointed to that Service;

(k) a class of persons each of whom (not being a person referred to in subparagraph (j) (i)):

(i) is a permanent employee or a temporary employee by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been deemed to have been re-appointed to the Australian Public Service in accordance with section 87q of the Public Service Act; and

(ii) was not an eligible employee:

(a) in the case of a permanent or temporary employee who is reinstated on the day immediately following the day (in this subparagraph called his or her ‘last day in prescribed employment’) on which there took effect the termination or cessation of employment to which the reinstatement relates—on his or her last day in prescribed employment; or

(b) if sub-subparagraph (a) does not apply—both on his or her last day in prescribed employment and on the day immediately preceding the day of his or her reinstatement.

“(2) In subregulation (1), ‘reinstated’, in relation to a person who is a permanent employee or a temporary employee, means re-appointed or re-employed, or to be deemed to be, or deemed to have been, re-appointed or re-employed, as the case requires.”.

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

Application of Act

“5. The Act applies, subject to the modifications specified in the Schedule, to and in relation to a person to whom section 14a of the Act applies by virtue of his or her being a person referred to in paragraph (1) (a), (c) or (d) of that section.”.

Schedule

5. The Schedule to the Principal Regulations is amended by omitting Clause 1 and substituting the clause set out in the Schedule to these Regulations.

SCHEDULE                                             Regulation 5

SUBSTITUTION OF CLAUSE 1 IN SCHEDULE TO PRINCIPAL REGULATIONS

“1. Insert the following Part after Part VIII:

‘PART VIIIa—SPECIAL PROVISIONS APPLICABLE TO CERTAIN PERSONS TO WHOM SECTION 14a APPLIES

Interpretation

‘124a. In this Part, unless the contrary intention appears:

“reinstated” means re-appointed or re-employed, or to be deemed to be, or deemed to have been, re-appointed or re-employed, as the case requires;

“relevant period” means:

(a) in relation to a person to whom this Part applies, being a person referred to in paragraph 124b (a), (b), (c), (e) or (g)—any period referred to in subparagraph 124b (a) (iii), (b) (iii), (c) (iii), (e) (iii) or (g) (iii), as the case may be, during which the person was not an eligible employee; or

(b) in relation to a person to whom this Part applies, being a person referred to in paragraph 124b (d) or (f)—any period comprising the whole, or any portion, of the period:

(i) commencing on the day on which the person is reinstated; and

(ii) ending at the end of the day immediately preceding the day on which the person first reports, or reported, for duty after reinstatement;

during which the person was not an eligible employee.

Application of Part

‘124b. This Part applies to a person to whom section 14a applies, being:

(a) a person who:

(i) is performing duty in the Australian Public Service pursuant to a re-appointment to that Service under subsection 63f (9), 63g (7) or 66b (2) of the Public Service Act;

(ii) was an eligible employee immediately before the dismissal, or deemed retirement, from the Australian Public Service to which the re-appointment relates; and

(iii) was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the dismissal or deemed retirement and ended at the time at which the re-appointment took effect;

(b) a person who:

(i) is, by virtue of subsection 87k. (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies;

(ii) was an eligible employee immediately before the dismissal from the Australian Public Service to which the declaration in respect of the person referred to in subsection 87k (11) of that Act relates; and

SCHEDULE—continued

(iii) was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the dismissal and ended on the making of the declaration;

(c) a person who:

(i) is, by virtue of a determination under subsection 87p (7) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies;

(ii) was an eligible employee immediately before the termination of employment referred to in subparagraph 87p (1) (a) (i) or (b) (i) of that Act, as the case may be, to which the determination relates; and

(iii) was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the termination of the employment and ended upon the making of the determination;

(d) a person who is performing duty in the Australian Public Service by virtue of having been deemed to have been re-appointed to that Service in accordance with section 87q of the Public Service Act;

(e) a person who:

(i) is a permanent employee, or a temporary employee, by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been re-appointed to the Australian Public Service under section 63f, 63g or 66b of the Public Service Act;

(ii) was an eligible employee immediately before the termination or cessation of employment to which the reinstatement relates; and

(iii) was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the termination or cessation of employment and ended at the time at which the reinstatement took effect;

(f) a person who:

(i) is a permanent employee, or a temporary employee, by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been deemed to have been re-appointed to the Australian Public Service in accordance with section 87q of the Public Service Act; and

(ii) is reinstated on the day immediately following the day (in this subregulation called his or her ‘last day in prescribed employment’) on which there took effect the termination or cessation of employment to which the reinstatement relates; or

(g) a person (other than a person to whom paragraph (f) applies) who:

(i) is a permanent employee, or a temporary employee, by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been deemed to have been re-appointed to the Australian Public Service in accordance with section 87q of the Public Service Act;

(ii) was an eligible employee on his or her last day in prescribed employment; and

(iii) was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced on the day immediately following his or her last day in prescribed employment and ended at the time at which his or her reinstatement took effect.

Periods deemed to be periods of leave of absence without pay

‘124c. Each period that is, in relation to a person to whom this Part applies, a relevant period shall be deemed, for the purposes of this Act, to be a period during the

SCHEDULE—continued

whole of which the person was absent, on leave of absence without pay, from the employment in which he or she was engaged immediately before the commencement of the relevant period and, where that period does not exceed 12 weeks, the period shall, for the purposes of section 51, be deemed to be a period exceeding 12 weeks.

Repayment of benefits

‘124d. Any benefit that becomes, or became, payable under this Act to a person to whom this Part applies on the commencement of any period that is, in relation to the person, a relevant period shall be deemed not to have been so payable, and the amount of any benefit so paid to the person shall be repaid to the Commissioner.’.”

NOTES

1. Notified in the Commonwealth of Australia Gazette on 17 December, 1987.

2. Statutory Rules 1981 No. 36.

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