Federal Register of Legislation - Australian Government

Primary content

No. 1 of 1999 Deeds & Trust Deeds as made
Trust Deed Amendment
Administered by: Defence
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 42
Registered 08 Mar 2005
Tabling HistoryDate
Tabled HR21-Jun-1999
Tabled Senate21-Jun-1999
Gazetted 16 Jun 1999
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

I, BRUCE SCOTT, Minister for Veterans’ Affairs and Minister Assisting the Minister for Defence, make this instrument under subsection 5 (1) of the Military Superannuation and Benefits Act 1991.

Dated 1 June 1999.

 

BRUCE SCOTT

Minister for Veterans’ Affairs
and Minister Assisting the Minister for Defence


 

Military Superannuation and Benefits Amendment Trust Deed 1999 (No. 1)1

made under the

 

 

 

Contents

                                                                                                                                   Page

                        1     Name of instrument                                                                             3

                        2     Commencement                                                                                  3

                        3     Amendment of Trust Deed made under the Military Superannuation and Benefits Act 1991        3

Schedule 1             Amendments                                                                                     3

 

 


1              Name of instrument

                This instrument is the Military Superannuation and Benefits Amendment Trust Deed 1999 (No. 1).

2              Commencement

                This instrument commences on gazettal.

3              Amendment of Trust Deed made under the Military Superannuation and Benefits Act 1991

                Schedule 1 amends the Military Superannuation and Benefits Trust Deed made under the Military Superannuation and Benefits Act 1991.



Schedule 1        Amendments

                                    (section 3)

  

[1]           Rules, subrule 12 (2)

        omit

   In

        insert

   Subject to Part 10, in

[2]           Rules, paragraphs 13 (1) (a) and 13 (2) (d)

        omit

   his or her

        insert

   subject to Part 10, his or her

[3]           Rules, paragraph 13 (4) (b)

        omit

   subrule (4A),

        insert

   Part 10,

[4]           Rules, subrule 13 (4A)

        omit

[5]           Rules, paragraph 14 (1) (c)

        omit

   his or her

        insert

   subject to Part 10, his or her

[6]           Rules, paragraph 14 (1) (d)

        omit

   subrule (6),

        insert

   Part 10,

[7]           Rules, paragraphs 14 (3) (b) and (c)

        omit

   subrule (6),

        insert

   Part 10,

[8]           Rules, subrule 14 (6)

        omit

[9]           Rules, paragraph 27 (1) (a)

        omit

   his or her

        insert

   subject to Part 10, his or her

[10]         Rules, paragraph 27 (1) (b)

        omit

   subrule (4),

        insert

   Part 10,

[11]         Rules, subrule 27 (4)

        omit

[12]         Rules, paragraph 28 (1) (a)

        omit

   his or her

        insert

   subject to Part 10, his or her

[13]         Rules, paragraph 28 (1) (b)

        omit

   subrule (4),

        insert

   Part 10,

[14]         Rules, subrule 28 (4)

        omit

[15]         Rules, rule 39

        omit

   A deceased member’s member benefit

        insert

   Subject to Part 10, a deceased member’s member benefit

[16]         Rules, subrule 40 (1)

        omit

   subrule (4A),

        insert

   Part 10,

[17]         Rules, subrule 40 (4A)

        omit

[18]         Rules, subrule 49 (1)

        omit

   subrule (2),

        insert

   subrule (2) and Part 10,

[19]         Rules, subrule 51 (1)

        omit

   Where

        insert

   Subject to Part 10, if

[20]         Rules, subrule 51 (1B)

        substitute

      (1B)   If only part of a benefit payable under subrule (1) is payable because of subrule (1A), that part may be reduced by part of the surcharge deduction amount before it is paid as a lump sum if the Board considers that there may be insufficient benefit remaining unpaid to pay the surcharge deduction amount.

[21]         Rules, subrule 52 (1)

        omit

   (2), (3) and (3A),

        insert

   (2) and (3) and Part 10,

[22]         Rules, subrule 52 (3A)

        omit

[23]         Rules, subrules 53 (1) and (2)

        omit

   subrule (3),

        insert

   Part 10,

[24]         Rules, subrule 53 (3)

        omit

[25]         Rules, subrule 54 (2)

        omit

   subrule (4A),

        insert

   Part 10,


[26]         Rules, subrule 54 (3)

        omit

   Where

        insert

   Subject to Part 10, if

[27]         Rules, subrule 54 (4)

        omit

   subrule (4A),

        insert

   Part 10,

[28]         Rules, subrule 54 (4A)

        omit

[29]         Rules, after subrule 64 (2)

        insert

      (2A)   If a person is allowed to make an election under Part 10, he or she may make the election in the same way as an election mentioned in subrule (2).

[30]         Rules, after rule 79

        insert

Part 10               Surcharge deduction amount

80            Deduction of surcharge deduction amount

         (1)   If a member’s surcharge debt account is in debit when a benefit under these Rules becomes payable to or in respect of the member, the member may, by notice in writing to the Board, elect to discharge the debt in 1 or more of the following ways:

                (a)    by deduction from the member’s employer benefit before it is paid to the member as a lump sum, or before it is converted into a pension;

               (b)    by deduction from the member’s member benefit before it is paid to the member as a lump sum;

                (c)    by deduction from the pension payable to the member after conversion of the member’s employer benefit.

         (2)   If the member does not make an election in accordance with subrule (1), the debt must be discharged in the following ways:

                (a)    if these Rules provide that the member is to receive the employer benefit in the form of a pension — by deduction from the member’s employer benefit after it is converted into a pension;

               (b)    if these Rules provide that the member may elect to receive their employer benefit either as a lump sum payment or converted into a pension and the member elects to convert the whole or any part of the benefit to a pension — by deduction from the member’s employer benefit after it is converted into a pension;

                (c)    in any other case — by deduction from the member’s employer benefit before it is paid as a lump sum.

81            Deduction of surcharge deduction amount where member deceased

         (1)   If a deceased member’s surcharge debt account is in debit, a person entitled under these Rules to be paid the deceased member’s employer benefit or member benefit (the claimant) may, by notice in writing to the Board, elect to have the debt discharged in 1 or more of the following ways:

                (a)    by deduction from the deceased member’s employer benefit before it is paid to the claimant as a lump sum, or converted into a pension;

               (b)    by deduction from the deceased member’s member benefit before it is paid to the claimant as a lump sum;

                (c)    by deduction from the pension payable to the claimant after conversion of the deceased member’s employer benefit.

         (2)   If the claimant does not make an election in accordance with subrule (1), the debt must be discharged in the following ways:

                (a)    if these Rules provide that the claimant is to receive the deceased member’s employer benefit in the form of a pension — by deduction from the deceased member’s employer benefit after it is converted into a pension;

               (b)    if these Rules provide that the claimant may elect to receive the deceased member’s employer benefit either as a lump sum payment or converted into a pension and the claimant elects to convert the whole or any part of the benefit to a pension — by deduction from the deceased member’s employer benefit after it is converted into a pension;

                (c)    in any other case — by deduction from the deceased member’s employer benefit before it is paid as a lump sum.

[31]         Rules, Schedule 12, item 1

        substitute

   1.         If a member’s surcharge debt account, or a deceased member’s surcharge debt account, is in debit when benefits become payable to or in respect of the member, the Board must determine, in writing:

                (a)    the surcharge deduction amount that, in its opinion, it would be fair and reasonable to take into account in working out the amount of the benefits; and

               (b)    if the benefits have been converted into a pension — the conversion factor for working out the yearly amount that would have to be paid to discharge a liability equal to the surcharge deduction amount.

[32]         Rules, Schedule 12, item 3

        after

   determined by the Board

        insert

   for paragraph 1 (a)

[33]         Rules, Schedule 12, after item 3

        insert

   4.         In making a determination for paragraph 1 (b), the Board must also have regard to:

                (a)    written advice about the conversion factor, prepared by an actuary; and

               (b)    the person’s age when the benefit becomes payable to the person.

Note

1.       Made by the Minister for Veterans’ Affairs on                           1999.