Statutory Rules 1991 No. 445¹

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Superannuation (Former 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 12 December 1991.

BILLHAYDEN

Governor-General

By His Excellency’s Command.

Minister of State for Finance

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1. Commencement

1.1 These Regulations commence on the commencement of the Repatriation Institutions (Staff) Act 1991.

2. Amendment

2.1 The Superannuation (Former Eligible Employees) Regulations are amended as set out in these Regulations.

3. New regulation 13

3.1 After regulation 12, insert

Application of the Act to certain former employees of repatriation institutions who join State superannuation schemes

“3. The Act applies subject to the modifications specified in Schedule 9 in respect of each person who:

(a) is taken, by force of subsection 14 (2) of the Repatriation Institutions (Staff) Act 1991, to have resigned from the Australian Public Service at the start of the day (in this regulation called ‘the relevant day’) on which a State, or an authority of a State, started to operate a repatriation institution (within the meaning of that Act); and

(b) was an eligible employee immediately before the relevant day; and

(c) had, before the relevant day, completed 1 year’s employment that qualifies under section 132 of the Act as eligible employment; and

(d) on the relevant day is, for the purposes of the Repatriation Institutions (Staff) Act 1991, in acceptable continuing employment at that repatriation institution; and

(e) becomes a member of a State superannuation scheme.”.

4. New Schedule 9

4.1 Add at the end:

SCHEDULE 9                                                 Regulation 13

MODIFICATIONS—FORMER EMPLOYEES OF REPATRIATION INSTITUTIONS WHO BECOME MEMBERS OF STATE SUPERANNUATION SCHEMES

1. New section 80aa:

After section 80, insert in Division 5 of Part V:

Exclusion of this Part in respect of certain employees of repatriation institutions

“80aa. This Part does not apply in respect of a person specified in regulation 13 of the Superannuation (Former Eligible Employees) Regulations.”.

2. Section 137:

After subsection 137 (1), insert:

“(1a) A person specified in regulation 13 of the Superannuation (Former Eligible Employees) Regulations is taken to have given a notice under subsection (1) on the relevant day within the meaning of that regulation.”.

3. Section 137:

Omit subsections 137 (2), (3) and (4).

4. Subsection 138 (1):

Omit the subsection, substitute:

“(1) Subject to this Division, if:

(a) a person makes, or is taken to have made, an election under section 137; and

(b) within the period that is the prescribed period in relation to the person, he or she becomes a member of an eligible superannuation scheme that is applicable in relation to persons employed in public employment;

a transfer value in respect of the person is payable to the person administering the eligible superannuation scheme.”.

5. Subsection 139 (1):

Omit the subsection, substitute:

“(1) Subject to this Division, deferred benefits are applicable in relation to a person specified in regulation 13 of the Superannuation (Former Eligible Employees) Regulations unless subsection 138 (1) applies.”.

6. Subsection 139 (2):

Omit “payable on”, substitute “payable, subject to subsection (2a), on”.

7. Paragraph 139 (2) (b):

Omit the paragraph, substitute:

“(b) the date of the person’s death;”.

8. Section 139:

After subsection (2), insert:

“(2a) If:

(a) apart from this subsection, a benefit would be payable under subsection (2) in respect of a person by reason of the occurrence of a date specified in paragraph (2) (c) or (d); and

(b) on the day that was, in relation to the person, the relevant day within the meaning of regulation 13 of the Superannuation (Former Eligible Employees) Regulations, the person was employed at a repatriation institution, within the meaning of the Repatriation Institutions (Staff) Act 1991; and

(c) the person has remained, on and from that day, continuously in employment of a kind specified in subsection (2b);

the benefit does not become payable under subsection (2) until the person ceases to be in employment of a kind specified in subsection (2b).

“(2b) For the purposes of paragraph (2a) (c), the following kinds of employment are specified:

(a) employment at the repatriation institution at which the person was employed on the day identified in that paragraph as the relevant day in relation to the person; and

(b) if mat repatriation institution was, on that day:

(i) operated by a State—other employment by that State, or by an authority of that State; or

(ii) operated by an authority of a State—other employment by that authority, or employment by that State or another authority of that State.”.

9. Section 139:

Omit subsections 139 (3), (4), (6) and (7).

10. Section 141:

Omit the section.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December 1991.

2. Statutory Rules 19