THIS DEED is made on 1st July 1991 by THE COMMONWEALTH OF AUSTRALIA (in this Deed called “the Commonwealth”).
WHEREAS the Commonwealth Minister of State for Finance, for and on behalf of the Commonwealth, pursuant to section 4 of the Superannuation Act 1990, established by Deed (in this Deed called “the Trust Deed”) an occupational superannuation scheme (in this Deed called the “Superannuation Scheme”) in order to provide benefits for certain of its employees and for certain other persons;
AND WHEREAS section 5 of the Superannuation Act 1990 provides that the Minister may, by signed instrument, amend the Trust Deed;
AND WHEREAS by a Deed dated 21 June 1990 (the First Amending Deed) the Minister amended the Trust Deed and the Rules for the administration of the Superannuation Scheme set out in the Schedule to the Trust Deed;
NOW THIS DEED WITNESSES that the Trust Deed and the Rules for the administration of the Superannuation Scheme set out in the Schedule to the Trust Deed are amended as follows:
1. The Rules are amended as follows:
1.1 Rule 1.1.1 is amended by:
(a) amending the definition of “accumulated funded employer contributions” by adding to the end of paragraph (a) “less such amount in the nature of income tax as is calculated in accordance with a determination or determinations of the Board”; and
(b) adding after the definition of “additional cover multiple” the following definition of “administering authority”:
““administering authority” has the same meaning as in the Commonwealth Employees’
Rehabilitation and Compensation Act 1988;”; and
(c) adding after the definition of “eligible termination payment” the following definition of “equivalent employment”:
““equivalent employment”, in relation to the sale or transfer of an organisation, business, service or asset or the transfer of a function, means the definition (if any) advised in writing by the Minister having regard to the definition (if any) agreed upon for equivalent employment, comparable employment or any like term for the purposes of that sale or transfer by the parties negotiating that sale or transfer and such other matters he or she considers relevant, provided that, where no such definition has been advised by the Minister, “equivalent employment” shall have the definition as is determined by the Board;”;
(d) amending the definition of “fortnightly rate of salary” by replacing “an annual” with “a fortnightly”; and
(e) amending the definition of “regular employee” by adding “, other than the holder of an office or position who is paid on a per diem basis” after “temporary full-time employee”.
1.2 Rule 1.1.7 is amended by adding “less the amount of any income tax payable by the Fund in relation to that part of the transfer value” at the end of paragraph 1.1.7(d).
1.3 Rule 1.1.8 is amended by adding “less the amount of any income tax payable by the Fund in relation to that part of the transfer value” at the end of paragraph 1.1.8(c).
1.4 Rule 1.3.29 is amended by replacing “the payment of such a transfer value will be made” in paragraph (b) with “such a transfer of assets will be made”.
1.5 The Table in rule 1.4.1 is amended by replacing:
(a) “$25,000” wherever occurring with “$26,883”; and
(b) “$200,000” with “$215,063”; and
(c) “$39,970” wherever occurring with “$42,980; and
(d) “$79,940” with “$85,960”; and
(e) “$74,220” wherever occurring with “$79,810”; and
(f) “$302,600” with “$325,390”.
1.6 Rule 1.4.3 is amended by replacing:
(a) “$25,000” with “$26,883”; and
(b) “$200,000” with “$215,063”.
1.7 Rule 2.1.1 is amended by:
(a) amending the definition of “annual rate of superannuation salary” on a particular day in relation to a member who is a casual employee on that day by adding “other than a person who is the holder of an office or position and is paid fees on a per diem basis,” after “casual employee on that day,”; and
(b) adding, immediately before the definition of “basic salary” in rule 2.1.1, the following definition of “annual rate of superannuation salary”:
““annual rate of superannuation salary”, on a particular day in relation to a member who is a casual employee on that day, being a person who is the holder of an office or position and is paid fees on a per diem basis, means the amount calculated by multiplying the rate of the per diem fee applicable to that office or position on that day by:
(a) the number of days in the preceding twelve months on which the member was paid for holding that office or position; or
(b) where, on that day, the member has held that office or position for less than twelve months, the sum of:
(i) the number of days on which the member was paid during the period (if any) he or she has held that office or position; and
(ii) the number of days on which the member is expected to be paid in the period after that day until the day he or she would have held the office or position for twelve months person if he or she continued to hold that office or position;”.
1.8 Rule 2.2.1 is amended by replacing “Subject to rules 2.2.2 and 2.4.1,” with “Subject to rules 2.2.2, 2.2.3 and 2.4.1,”.
1.9 Rule 2.2.3 is added to Division 2 of Part 2 of the Rules after Rule 2.2.2, as follows:
“2.2.3 For the purposes of Part 10 of the Rules, the average salary on a particular day for a person who is a casual employee, other than a person who is the holder of an office or position and is paid on a per diem basis, and who has elected for additional death and invalidity cover shall be:
(a) the actual salary received by the person as a casual employee in the twelve months preceding that day; or
(b) where, on that day, the person has not been a casual employee for twelve months, the sum of:
(i) the actual salary received as a casual employee; and
(ii) the salary expected to be received in the period after that
day until the person would complete twelve months employment as a casual employee if he or she continued to be a casual employee.”.
1.10 Rule 2.4.1 is amended by replacing “rule 2.4.4” with “rules 2.4.4 and 2.4.4A”.
1.11 Rule 2.4.2 is amended by replacing “and 2.4.4” with “2.4.4 and 2.4.4A”.
1.12 Rule 2.4.4A is added to Division 4 of Part 2 of the Rules after rule 2.4.4, as follows:
“2.4.4A Where, in these Rules in relation to a person, reference is made to an annual rate of salary under the 1976 Act, that reference shall be a reference to the annual rate of salary under section 5 of that Act, provided that, where the person was, or would have been if he or she had not elected to cease to be an eligible employee, contributing pursuant to section 47 of that Act on a higher annual rate of salary, that reference shall be a reference to that higher rate of salary.”.
1.13 Rule 3.1.7 is amended by replacing “3.1.12 applies” with “3.1.12 and rule 3.1,13 apply”.
1.14 The Table in rule 3.2.2 is amended by replacing:
(a) “$880” wherever occurring with “$904”; and
(b) “$26.40” with “$27.12”; and
(c) “$1,418” wherever occurring with “1,442”; and
(d) “$2,127” where occurring with “2,163”; and
(e) “$42.54” with “$43.26”.
1.15 Rule 3.4.1 is amended by replacing, “A member” with “Subject to rule 3.4.4, a member”.
1.16 Rule 3.4.2 is amended by replacing “The designated employer” with “Subject to rule 3.4.4, the designated employer”.
1.17 Rule 3.4.3 is amended by replacing “Premiums payable” with “Subject to rule 3.4.4, premiums payable”.
1.18 Rule 3.4.4 is added after rule 3.4.3, as follows:
“Board may make alternative arrangements for payments by and on behalf of casual employees of premiums for additional cover
3.4.4 Where a member is a casual employee and has elected for additional death and invalidity cover, the Board may make arrangements for the payment by the member and by the employer on behalf of the member of the respective portion of the premium for additional death and invalidity and for the payment of those premiums to the relevant life office in lieu of the arrangements set out in rules 3.4.1, 3.4.2 and 3.4.3.”.
1.19 Rule 4.1.1. is amended by:
(a) replacing “and 4.4.5” with “4.1.9 and 4.4.5”; and
(b) adding “or 8.2.9” after “rule 4.1.2”.
1.20 The Table in Rule 4.1.4 is amended by replacing “less than 55 years.” with “less than 55 years and the factors for ages more than 65 shall be 10.0 decreased by 0.2 for each whole year by which the age is more than 65 years.”
1.21 Rule 4.1.5 is amended by replacing “under rule 4.1.6.” with “under rule 4.1.6 or 4.1.10.”.
1.22 Rule 4.1.9 is added to Division 1 of Part 4 after rule 4.1.8 as follows:
“Preserved benefits to be applicable where person does not cease employment
4.1.9 Subject to rule 6.1.3, a person who:
(a) ceases to be a member on or after attaining his or her minimum retiring age, otherwise than because of invalidity retirement before attaining the age of 60 years or involuntary retirement or death; and
(b) continues in employment after ceasing to be a member; and
(c) does not have Division 8 of this Part applicable to him or her;
shall have a preserved benefit of his or her final benefit accrual applicable to him or her.”.
1.23 Rules 4.1.10, 4.1.11 and 4.1.12 are added after rule 4.1.9 as follows:
“Immediate access by terminally ill members to lump sum benefits
4.1.10 A person to whom a preserved benefit is applicable in accordance with rule, 4.1.5, who:
(a) has not made an election under rule 4.1.6; and
(b) is suffering from a condition (or conditions) which is certified by two or more medical practitioners, at least one of whom is not the medical practitioner treating the person, who have experience in the condition (or conditions) as being of either a terminal nature or of such severity that within two years of the date of their certificate that person would need assistance with personal or nursing care on a daily basis;
may elect that rule 4.1.11 apply to him or her.
4.1.11 Where a person makes an election under rule 4.1.10, he or she is entitled to whichever of the following is specified in the election:
(a) to be paid a lump sum of his or her final benefit accrual; or
(b) to have:
(i) such amount (not less than one half), as is specified in the election, of his or her final
benefit accrual converted into a pension payable to him or her; and
(ii) to have the remainder of the final benefit accrual paid to him or her as a lump sum.
4.1.12 The annual rate of pension in subparagraph 4.1.11(b)(i) is to be calculated in the same way as a pension referred to in rule 4.1.4 is calculated under that rule.”.
1.24 Rule 4.2.1 is amended by deleting paragraph 4.2.1(e) and inserting the following paragraph (e) in its place:
“(e) except in the case of a temporary employee - his or her position or office ceases to exist, whether by reason of its being abolished or otherwise, provided that where a person ceases to be a member as a result of a sale or transfer of an organisation, business, service or asset, or the transfer of a function, this paragraph does not apply to the person, except in the case where:
(i) a person ceases to be a member as a result of a sale or transfer of an organisation, business, service or asset, or the transfer of a function, and the person is not offered employment by or with the purchaser or transferee; or
(ii) a person ceases to be a member as a result of a sale or transfer of an
organisation, business, service or asset, or the transfer of a function and the person rejects an offer of employment by or with the purchaser or transferee being employment that is not equivalent employment.”.
1.25 Rule 4.2.2 is deleted, and the following rule 4.2.2 inserted in its place:
“4.2.2. Where a person is deemed to have retired involuntarily on or after reaching his or her minimum retiring age and he or she does not make an election under rule 4.2.3 or 8.2.9, the person is entitled to be paid his or her final benefit accrual as a lump sum.”.
1.26 The Table in Rule 4.2.5 is amended by replacing “less than 55 years.” with “less than 55 years and the factors for ages more than 65 shall be 10.0 decreased by 0.2 for each whole year by which the age is more than 65 years.”.
1.27 Rule 4.2.6 is deleted.
1.28 Rule 4.2.7 is deleted.
1.29 Rule 4.2.10 is amended by deleting “4.2.7 or”.
1.30 Rule 4.2.11 is amended by deleting “4.2.7 or”.
1.31 Rule 4.2.12 is amended by:
(a) replacing “Subject to rule 4.2.14, a person” with “A person”; and
(b) adding “or 8.2.9” after “rule 4.2.9”.
1.32 Rule 4.2.14 is deleted.
1.33 Rule 4.3.3 is amended by replacing “rule 4.3.4” with “rule 4.3.4 or 4.3.7”.
1.34 Rules 4.3.7 and 4.3.8 are added to Division 3 of Part 4 of the Rules after rule 4.3.6, as follows:
“Access to lump sum invalidity benefits by terminally ill members
4.3.7 Where:
(a) a person is entitled to a pension under rule 4.3.3; and
(b) the Board has decided that the person is entitled to that pension by reason of a condition (or conditions) which is certified by two or more medical practitioners, at least one of whom is not the medical practitioner treating the person, who have experience in the condition (or conditions) as being of either a terminal nature or of such severity that within two years of the date of their certificate that person would need assistance with personal or nursing care on a daily basis; and
(c) the person has not made an election under rule 4.3.4;
that person may elect that, instead of that pension being paid to him or her, rule 4.3.8 apply to him or her.
4.3.8 A person who makes an election under rule 4.3.7 is entitled to a lump sum payment equal to the amount that would have been his or her final benefit accrual if paragraph 1.3.3(a) and rules 1.3.9 to 1.3.18 inclusive were omitted from the Rules.”.
1.35 Rule 4.4.2 is amended by adding”, other than a person who is continuously employed by the same employer before and after ceasing to be a member,” after “rule 4.4.1”.
1.36 Rule 4.4.4 is amended by adding”, other than a person who is continuously employed by the same employer before and after ceasing to be a member,” after “in accordance with rule 4.4.3”.
1.37 Rule 4.5.4 is deleted and the following rule 4.5.4 inserted in its place.
“4.5.4 Subject to rules 4.5.5, 4.5.6 and 4.5.13, where a person is not entitled to a partial invalidity pension under rule 4.5.3 because:
(a) the person suffers a reduction in annual rate of superannuation salary but the Board is not satisfied that the whole of the decrease is of a permanent nature and can properly be regarded as attributable to physical or mental incapacity; and/or
(b) a person does not suffer reduction in annual rate of superannuation salary but he or she:
(i) (A) is working reduced hours; or
(B) has changed employment to a lower position or level; and
(ii) the Board is satisfied that the reduced hours or change to lower position or level can properly be regarded as attributable in whole or part to physical or mental incapacity;
the Board, having regard to the principles in rule 4.5.3 and the need for equity between members, may decide that the person is entitled to a partial invalidity pension calculated by the Board in accordance with rule 4.5.18.”.
1.38 Rule 4.5.10 is amended by:
(a) replacing “need to recalculate” in paragraph 4.5.10(c) with “appropriateness of recalculating”; and
(b) replacing “need to aggregate” in paragraph 4.5.10(d) with “appropriateness of aggregating”.
1.39 Division 8 is added to the end of Part 4 as follows:
“Division 8 - Benefits on sale of assets or transfer of functions where employment continued
Applicability of Division
4.8.1. This Division is applicable to a person who:
(a) was employed immediately before the date of sale or transfer of an organisation, business, service or asset or transfer of a function (in this Division referred to as “sale or transfer”) by that organisation, business, service, asset, or function; and
(b) before the date of sale or transfer, was made an offer of employment by the new owner or transferee of the organisation, business, service, asset or function; and
(c) accepted that offer before the date of sale or transfer; and
(d) continued in employment with the new owner or transferee after the date of sale or transfer; and
(e) changed employer as a result of the sale or transfer; and
(f) is not entitled to benefits under Division 1 or 2 of this Part as a result of that change of employer, other than any entitlement that arises, or may arise, by virtue of being able to continue as a member.
Benefits to be provided
4.8.2 The benefits to be provided under this Division in respect of a sale or transfer may be determined by the Minister and prescribed in the Rules, provided that, where no specific rules are made in respect of a particular sale or transfer, the benefits shall be in accordance with this Division.
Benefits where offer of employment is accepted and the person continues as a member
4.8.3 Subject to rule 4.8.2, a person to whom this Division is applicable who:
(a) has the option to continue to be a member after the date of sale or transfer; and
(b) continues to be a member;
shall be entitled to benefits in accordance with the Rules when he or she ceases to be a member.
Benefits where offer of employment is accepted and the person elects not to continue to be a member
4.8.4 Subject to rule 4.8.2, where a person;
(a) has the option to continue to be a member after date of sale or transfer; and
(b) does not continue to be a member; and
(c) does not make an election under rule 8.2.9;
there shall be applicable to him or her a preserved benefit of his or her final benefit accrual.
Benefits where offer of employment is accepted and the person is not permitted to continue to be a member
4.8.5 Subject to rule 4.8.2, where a person to whom this Division is applicable:
(a) does not have the option to continue to be a member after the date of sale or transfer; and
(b) ceases to be a member; and
(c) has not made an election under rule 8.2.9; and
(d) has not made an election under rule 4.8.6;
there shall be applicable to him or her a preserved benefit of his or her final benefit accrual.
4.8.6 A person to whom a preserved benefit is applicable under rule 4.8.5, may elect that, instead of that benefit being applicable to him or her, rule 4.8.7 apply to him or her.
4.8.7 Where a person makes an election under rule 4.8.6, he or she is entitled to whichever of the following is specified in the election:
(a) to have the amount of his or her final benefit accrual paid to a preservation fund, or used to purchase a deferred annuity, specified in the election; or
(b) to:
(i) be paid a lump sum of such amount (not more than his or her accumulated member contributions) as is specified in the election; and
(ii) have his or her final benefit accrual, less the amount specified in subparagraph 4.8.7(b)(i), paid to a preservation fund, or used to purchase a deferred annuity, specified in the election; or
(c) to:
(i) be paid a lump sum of such amount (not more than his or her accumulated member contributions) as is specified in the election; and
(ii) have applicable to him or her a preserved benefit of his or her final benefit accrual less the amount of the lump sum in subparagraph 4.8.7(c)(i); or
(d) to:
(i) be paid a lump sum of such amount (if any, but not more than his or her accumulated member contributions) as is specified in the election; and
(ii) have his or her final benefit accrual less the amount (if any) of the lump sum in subparagraph 4.8.7(d)(i) converted into a pension.
Basis for conversion of lump sum to pension
4.8.8 A person who has made an election under rule 4.8.6 to have an amount of his or her final benefit accrual converted to a pension, is entitled to a pension at an annual rate calculated in the same way as set out in rule 4.2.5 for a pension under subparagraph 4.2.4(b)(i).”.
1.40 Rule 5.3.10 is amended by replacing “paragraphs 1.3.3(a) and (b)” with “paragraph 1.3.3(a)”.
1.41 Rule 6.1.1 is amended by:
(a) adding”, 6.1.4A” after “rules 6.1.3”; and
(b) deleting paragraph 6.1.1(b) and inserting the following paragraph 6.1.1(b) in its place:
“(b) if the person, by notice in writing to the Board, selects a date, being a date:
(i) within 60 days of the date of the notice;
(ii) that the person advises in the notice as being:
(A) the date on which he or she intends retiring permanently from the workforce; or
(B) a date by which he or she will have retired permanently from the workforce;
and being a date not earlier than:
(iii) the date on which the notice is given; and
(iv) the date on which the person attains age 55; and
(v) the date on which the person attains the age that would have been the person’s minimum retiring age if the person had not ceased to be a member and had continued to occupy the position held by the person immediately before so ceasing; and
(vi) where the amount of the unfunded preserved benefit is to be paid as a lump sum, or partly as a lump sum and partly as a pension.
the date on which the person reaches the qualifying age for the financial year in which the date falls;
the date so selected; and”; and
(c) deleting paragraph 6.1.1(c) and inserting the following paragraph 6.1.1(c) in its place:
“(c) where the Board has decided that:
(i) by reason of the person’s physical or mental incapacity, the person has become unlikely ever to be able to work again in a job for which the person is reasonably qualified by education, training or experience or for which the person could reasonably be qualified after retraining; or
(ii) the person is suffering from a condition (or conditions) which is certified by two or more medical practitioners, at least one of whom is not the medical practitioner treating the person, who have experience in the condition (or conditions) as being of either a terminal nature or of such severity that within two years of the date of their certificate that person would need assistance with personal or nursing care on a daily basis;
the date on which the Board so decided; and”; and
(d) deleting paragraph 6.1.1(e) and inserting the following paragraph 6.1.1(e) in its place:
“(e) where the person has advised the Board in writing that he or she intends to leave Australia and the Board is satisfied that such intention will be carried into effect - the date on which the Board is so satisfied.”; and
(e) deleting paragraph 6.1.1(f).
1.42 Rule 6.1.3 is deleted and the following rule 6.1.3 inserted in its place:
“6.1.3 Where:
(a) a preserved benefit is applicable to a person; and
(b) the preserved benefit includes the whole or part of the accumulated member contributions on his or her last day of membership; and
(c) the person changed employers, or ceased employment, on or after the date the preserved benefit became applicable to him or her;
he or she, at any time, may elect in writing to the Board that, instead of that preserved benefit being applicable, rule 6.1.4 apply to him or her.”.
1.43 Rule 6.1.4A is added after rule 6.1.4 as follows:
“Member to have access to accumulated employer contributions where payment is approved by the Insurance and Superannuation Commission
6.1.4A Where:
(a) a preserved benefit is applicable to a person; and
(b) that preserved benefit includes accumulated employer contributions; and
(b) the Insurance and Superannuation Commission has approved the payment of the accumulated employer contributions in circumstances other than that provided for in rule 6.1.1;
the member shall be entitled to be paid the amount of the accumulated employer contributions and the preserved benefit applicable to the person shall be reduced accordingly.”.
1.44 Rule 6.1.5 is amended by replacing “(c) , (e) or (f)” with “(c) or (e)”.
1.45 Rule 6.1.7 is amended by replacing “(a), (b) or (f)” with “(a) or (b)”.
1.46 The Table in Rule 6.1.8 is amended by replacing “less than 55 years.” with “less than 55 years and the factors for ages more than 65 shall be 10.0 decreased by 0.2 for each whole year by which the age is more than 65 years.”.
1.47 Rule 6.2.1 is amended by adding “after he or she has advised the Board that he or she has permanently retired from the workforce” after “at any time”.
1.48 Rule 6.2.3 is amended by:
(a) deleting “to elect to”; and
(b) deleting paragraphs 6.2.3(a), (b) and (c) and inserting new paragraphs 6.2.3(a) and (b) as follows:
“(a) by notice in writing to the Board, select a date for the payment of the preserved benefit, being a date:
(i) not earlier than the date on which the notice is given; and
(ii) not later than the date on which the person attains the age of 65 years; and
(iii) not earlier than the date the person has advised the Board he or she permanently retired, or intends to permanently retire, from the workforce; and
(b) to elect to:
(i) have such amount of the preserved benefit as is specified in the election (being an amount not less than the amount of the
unfunded preserved benefit at the date of the election) to be converted into a pension; and
(ii) receive a lump sum benefit equal to that part of the amount of the preserved benefit (if any) that is not to be converted into a pension.”.
1.49 Rule 6.3.1 is amended by replacing “a person to whom a preserved was applicable” in subparagraph 6.3.1(a)(i) with “a person to whom a preserved benefit was applicable”.
1.50 Rule 8.1.1 is amended by:
(a) replacing “member” wherever occurring with “person”; and
(b) deleting “other than a payment under the 1976 Act” from paragraph 8.1.1(a); and
(c) deleting paragraph 8.1.1(b) and inserting the following paragraph 8.1.1(b) in its place:
“(b) an amount paid or payable to, or in relation to, the person under a superannuation scheme (other than an amount paid or payable on invalidity or physical or mental incapacity to perform duties) applicable to employment in which the person was employed:
(i) before becoming a member; or
(ii) when becoming a member; or
(iii) during a period of leave without pay after becoming a member;
other than a transfer of assets referred to in paragraph 8.1.1(c); or”; and
(d) deleting paragraph 8.1.1(c) and inserting the following paragraph 8.1.1(c) in its place:
“(c) a transfer of assets from the Superannuation Fund established under the 1976 Act in relation to a person who elected to cease to be an eligible employee for the purposes of that Act on a date coincident with or later than his or her first day of membership.”.
1.51 Rule 8.1.4 is deleted and a new rule 8.1.4 is inserted as follows:
“8.1.4 Where the Board has received a transfer of assets referred to in paragraph 8.1.1(c) in relation to a member, the assets are to become part of the Fund and, on such receipt, or when the Board is satisfied that such a transfer will be made, a CSS transfer multiple is to be applicable to the member in accordance with rule 1.3.29.”.
1.52 Rule 8.2.3 is amended by replacing “his or her last day of service,” with “his or her last day of membership,”.
1.53 Rule 8.2.9 is amended by:
(a) replacing “A Person” with “Subject to rule 8.2.14, a person”; and
(b) deleting “, rule 4.1.1, rule 4.2.2 or”.
1.54 Rule 10.1.4 is amended by adding “and provided that the Board is not required to provide such cover in relation to a member where the life office is not prepared to provide additional cover in relation to the member because of physical or mental incapacity or condition or because the member engages in a hazardous occupation or pursuit” after “rule 10.1.6”.
1.55 Rule 11.4.4A is amended by replacing the reference to “the assessment panel” first occurring with “an assessment panel”.
1.56 Rule 12.1.7 is amended by:
(a) replacing “rule 12.1.8” with “rule 12.1.9”; and
(b) deleting paragraph (a) and inserting the following paragraph (a) in its place:
“(a) if the request to the Board was made in relation to a condition in respect of which the person is entitled to receive compensation under the Commonwealth Employees’ Rehabilitation and Compensation Act 1988, the Board shall, subject to rule 12.1.9:
(i) if the person is an employee of an administering authority, or a holder of a statutory office paid by an administering authority - also ascertain whether or nor the administering authority recommends that the person be retired because he or she is
totally and permanently incapacitated; or
(ii) if the person is not an employee of an administering authority or a holder of a statutory office paid by an administering authority - also ascertain whether or not Comcare recommends that the person be retired because he or she is totally and permanently incapacitated; and”.
1.57 Rule 12.1.8 is deleted and the following rule 12.1.8 inserted in its place:
“12.1.8 The Board after having regard to:
(a) the recommendations under rule 12.1.5; and
(b) the recommendation under paragraph 12.1.7(a); and
(c) the practicality of:
(i) the person’s employer being able to provide a job for which he or she would be reasonably qualified or reasonably could be qualified after retraining; and/or
(ii) the person obtaining such a job with a different employer;
shall decide whether or not to approve the invalidity retirement of the person.”.
1.58 Rule 12.2.3 is deleted and the following rule 12.2.3 is inserted in its place:
“12.2.3 Where paragraph 12.2.2(b)
applies, the Board shall make pre-assessment payments at the rates specified in rule 12.2.5 with effect from the day after whichever is the earlier of:
(a) the date a person has been off work for a continuous period of six months; and
(b) the date when he or she has no sick leave credits (full or half pay) applicable to him or her;
and payments shall commence on the contribution day coincident with or next following that day.”.
1.59 Rule 12.2.4 is amended by deleting paragraph 12.2.4(c) and inserting the following paragraph 12.2.4(c) in its place:
“(c) the date the person ceases to be a member; and”.
1.60 Rule 12.3.1 is amended by:
(a) adding “paragraph 12.1.5(b) or” before “rule 12.2.2”; and
(b) replacing “Comcare” with “Comcare or, where appropriate, an administering authority”.
2. This Deed has effect from 1 July 1991.
IN WITNESS whereof the Honourable Ralph Willis, Minister for Finance, has hereunto set the name of the Commonwealth of Australia and affixed his own seal the day and the year first above written.
| SIGNED, SEALED AND DELIVERED | ) | |
| | ) | |
| by the Honourable RALPH WILLIS, | ) | 
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| | ) |
| Minister for Finance, for | ) |
| | ) |
| and on behalf of THE COMMONWEALTH OF | ) |
| | ) | |
| AUSTRALIA, in the presence of : | ) | |
| | ) | |
| Francine McMullen | ) | |
| (name) | ) | |
| | ) | |
| 76 Monaro Crs | ) | |
| | ) | |
| Red Hill Act 2603 | ) | |
| (address) | ) | |
| | ) | |
| Assistant Advisor ) | ) | |
| (description) | ) | |
| | ) | |