Statutory  Rules  1992   No. 1701

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Superannuation (Former Eligible Employees) Regulations 2 (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 18 June 1992.

 

                                                                                         BILL HAYDEN

                                                                                        Governor-General

          By His Excellency’s Command,

 

 

RALPH WILLIS

Minister of State for Finance

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1.   Amendment

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

 

[NOTE:  These Regulations commence on gazettal:  see Acts Interpretation Act 1901,

s. 48]

 

2.   New regulation 14

2.1   After regulation 13, insert:

 

Application of the Act to certain Northern Territory employees

            “14.  (1)  The Act is modified in accordance with Schedule 10 in its application to each person to whom this regulation applies.

 

             “(2)  This regulation applies to a person who:

               (a)  is a person to whom section 126A of the Act applies; and

               (b)  is engaged in employment under a contract of service that is an Executive Contract of Employment within the meaning of section 3 of the Public Sector Employment (Interim Arrangements) Act 1992 of the Northern Territory; and

               (c)  is a member, in accordance with that contract of service, of a superannuation scheme other than the scheme constituted by the Act.”.

 

 

3.   New Schedule 10

3.1   After Schedule 9, add:

 

                                               SCHEDULE 10                               Regulation 14

 

MODIFICATIONS—CERTAIN NORTHERN TERRITORY EMPLOYEES

 

1.   Paragraph 58 (2) (b):

Omit “he ceases to be an eligible employee by reason that he is retired at his own request or he resigns,”, substitute “he or she becomes a person to whom regulation 14 of the Superannuation (Former Eligible Employees) Regulations applies;”.

 

 

2.   Section 110T:

Omit the section, substitute:

             “110T.   A person who becomes entitled to benefits under section 55 or 59 is taken to have given the Commissioner a notice of election to have this Part apply to the person.”.

 

 

3.   Subsection 110TA (1):

After paragraph (b), insert:

        “; and (c)   the additional age retirement pension or the additional early retirement pension, as the case may be;”.

 

4.   Subsection 110TA (2):

Omit the subsection.

 

 

5.   Paragraph 110TB (a):

Omit the paragraph, substitute:

                  “(a)   the date on which the person turns 65 or, if the person is on that date a person to whom regulation 14 of the Superannuation (Former Eligible Employees) Regulations applies, the date on which he or she ceases:

                                     (i)   to be employed by the Northern Territory of Australia or an authority or body established by or under a law of the Northern Territory; or

                                    (ii)   to hold a statutory office established by a law of the Northern Territory;”.

 

 

6.    Subsections 137 (2), (3) and (4):

Omit the subsections, substitute:

                  “(2)   A person who is not entitled to benefits under section 55 or 59 is taken to have given the Commissioner a notice mentioned in subsection (1).”.

 

 

7.    Subsection 139 (1):

Omit the subsection, substitute:

                  “(1)   Deferred benefits are, subject to this Division, applicable to a person who, under subsection 137 (2), is taken to have given the Commissioner a notice mentioned in subsection 137 (1).”.

 

 

8.    Paragraph 139 (2) (b):

Omit the paragraph, substitute:

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

 

 

9.    Subsections 139 (3) and (4):

Omit the subsections, substitute:

                  “(3)   If the person is, on the date mentioned in paragraph 139 (2) (c) or (d), a person to whom regulation 14 of the Superannuation (Former Eligible Employees) Regulations applies, subsection 139 (2) does not apply to the person until he or she ceases:

                    (a)   to be employed by the Northern Territory of Australia or an authority or body established by or under a law of the Northern Territory; or

                    (b)   to hold a statutory office established by a law of the Northern Territory;”.

 

 

10.    Subsections 139 (6) and (7):

Omit the subsections.

 

 

11.    Section 141:

Omit the section.

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NOTES

 

1.      Notified in the Commonwealth of Australia Gazette on 25 June 1992.

 

2.      Statutory Rules 1986 No. 266 as amended by 1987 No. 307; 1989 Nos. 16 and 306; 1990 Nos. 141, 177 and 451; 1991 Nos. 161 and 445; 1992 No. 94.