Statutory Rules 1990 No. 179¹

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 26 June 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Ralph Willis

Minister of State for Finance

Commencement

1. These Regulations commence on 1 July 1990.

Principal Regulations

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

Interpretation

3. Regulation 2 of the Principal Regulations is amended by inserting “but does not include a scheme, or a part of a scheme, that is established for the preservation or payment of benefits of the kind referred to as ‘interim benefits’ in the Superannuation (Productivity Benefit) Act 1988” after “employment” in the definition of “superannuation scheme”

(S.R. 218/90)—Cat. No.                                                                                                                             14/20.6.1990

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

4. Regulation 3 of the Principal Regulations is amended:

(a) by omitting from subparagraph (1) (k) (ii) “her reinstatement.” and substituting “her reinstatement;”;

(b) by adding at the end of subregulation (1) the following paragraphs:

“(m) a class of persons each of whom became on 1 July 1990, and continues to be, a member of the Australia Post Superannuation Scheme;

(n) a class of persons each of whom became on 1 July 1990, and continues to be, a member of the Telecom Superannuation Scheme.”.

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 Regulation 3a of the Principal Regulations is repealed and the following regulation substituted:

Classes of persons to which section 14a of the Act applies

“3a. Each of the following classes of persons is a class to which section 14a of the Act applies:

(a) a class of persons each of whom:

(i) is employed by AIDC Ltd.; and

(ii) is not a person to whom Part IV of the Public Service Act applies; and

(iii) immediately before becoming employed by AIDC Ltd. was:

(a) an officer or employee of Australian Industry Development Corporation; and

(b) an eligible employee; and

(iv) has not at any time ceased to be employed by AIDC Ltd.; and

(v) while employed by AIDC Ltd. has not been a member of a superannuation scheme applying in relation to that person’s employment, other than the scheme constituted by the provisions of the Act;

(b) a class of persons (other than a person in the class referred to in paragraph 3 (1) (m)) each of whom:

(i) is on 30 June 1990, and continues to be, an employee of, or the holder of a statutory office in, Australian Postal Corporation; and

(ii) is on 30 June 1990 an eligible employee;

(c) a class of persons (other than a person in the class referred to in paragraph 3 (1) (n)) each of whom:

(i) is on 30 June 1990, and continues to be, an employee of, or the holder of a statutory office in, Australian Telecommunications Corporation; and

(ii) is on 30 June 1990 an eligible employee.”.

Cessation of application of section 14a

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

“(3) The time fixed, for the purposes of subsection 14a (2) of the Act, in relation to a person (other than a person to whom Division 2 of Part IV of the Public Service Act applies) included in the class of persons referred to in paragraph 3a (b) or (c) is:

(a) the expiry of the day on which the person ceases to be an employee of, or the holder of a statutory office in, the Corporation referred to in that paragraph; or

(b) the expiry of the day immediately preceding the day on which the person becomes a member of the relevant superannuation scheme in relation to that Corporation; or

(c) if the person is employed by, or holds a statutory office in, the Corporation referred to in that paragraph during a period of leave without pay from employment by the Commonwealth or an approved authority:

(i) the expiry of the day immediately preceding the day on which the person elects that section 14a is to cease to apply to him or her; or

(ii) the expiry of the day on which that period of leave without pay ends.

“(4) For the purposes of subregulation (3), ‘the relevant superannuation scheme’ means:

(a) in relation to Australian Postal Corporation—the Australia Post Superannuation Scheme; and

(b) in relation to Australian Telecommunications Corporation—the Telecom Superannuation Scheme.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 June, 1990.

2. Statutory Rules 1981 No. 36 as amended by 1987 No. 290; 1989 No. 168.

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