Federal Register of Legislation - Australian Government

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SR 1987 No. 307 Regulations as made
These Regulations amend the Superannuation (Former Eligible Employees) Regulations.
Administered by: Finance
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Exempt from sunsetting by the Legislative Instruments Regulations 2004 Sch 3 item 40
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR16-Feb-1988
Tabled Senate17-Feb-1988
Gazetted 22 Dec 1987
Date of repeal 19 Mar 2014
Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014

Commonwealth Coat of Arms of Australia

Statutory Rules 1987 No. 3071

Superannuation (Former 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 21 December 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Peter Walsh

Minister of State for Finance

Commencement

1. These Regulations shall come into operation on 1 January 1988.

Principal Regulations

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

3. After Regulation 4 of the Principal Regulations the following regulation is inserted:

Application of the Act to members of the Police Force of the Northern Territory

“5. The Act and the provisions of the Act specified in Schedule 2 apply subject to the modifications specified in that Schedule in relation to those persons to whom section 126a of the Act applies who:

(a) were, immediately before 1 January 1988, members of the Police Force of the Northern Territory; and

(b) on or after that date become, pursuant to section 53 of the Superannuation Act 1986 of the Northern Territory, eligible employees within the meaning of that Act.”.

(S.R. 341/87)—Cat. No.                                                                                                                                                         16/3.12.1987


 

Application of the Act to employees of Northern Territory

4. Regulation 4 of the Principal Regulations is amended by omitting “Schedule” (wherever occurring) and substituting “Schedule 1”.

Schedule

5. The Schedule to the Principal Regulations is amended by omitting from the heading “Schedule” and substituting “Schedule 1”.

Schedule 2

6. The Principal Regulations are amended by adding at the end the following Schedule:

SCHEDULE 2                                                Regulation 5

MODIFICATIONS—MEMBERS OF POLICE FORCE OF NORTHERN TERRITORY

Section

Modifications

137

Omit subsections (3) and (4).

138

Omit the section.

139

Omit subsection (1), substitute the following subsection:

 

“(1) Where a person who:

 

(a) was, immediately before 1 January 1988, a member of the Police Force of the Northern Territory; and

 

(b) on or after that date became, pursuant to section 53 of the Superannuation Act 1986 of the Northern Territory, an eligible employee within the meaning of that Act and thereby ceased to be an eligible employee within the meaning of this Act;

 

makes an election under section 137 as a consequence of so ceasing to be an eligible employee within the meaning of this Act, deferred benefits are, subject to this Division, applicable in respect of the person if, at the time when the person so ceased to be an eligible employee, he or she had completed one year of eligible employment.”.

 

Insert in subsection (2) “referred to in subsection (1)” after “a person”.

 

Omit paragraph (2) (b), substitute the following paragraph:

 

“(b) the date of his or her death;”.

 

Insert in paragraph (2) (c) “when the person has ceased to be 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, and” after “being a date”.

 

Omit paragraph (2) (d), substitute the following paragraphs:

 

“(d) if the person is not employed by an approved authority, being the Northern Territory of Australia or an authority or body established under a law of that Territory, or is not the holder of a statutory office established by a law of that Territory, on the day on which the person attains the age of 65 years—the day on which the person attains that age;


SCHEDULE 2continued

Section

Modifications

 

(e) if the person is employed by an approved authority, being the Northern Territory of Australia or an authority or body established under a law of that Territory, or is the holder of a statutory office established by a law of that Territory, on the day on which the person attains the age of 65 years—the day immediately following the day on which the person ceases to be so employed or to hold that office.”.

 

Omit subsections (3), (4), (6) and (7).

141

Omit the section.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 December 1987.

2. Statutory Rules 1986 No. 266.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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