Federal Register of Legislation - Australian Government

Primary content

Determinations/Superannuation as made
This determination amends the Defence Force (Superannuation) (Productivity Benefit) Determination 1988 to add a new factor for the calculation of interest for productivity benefit, to align the Principal Determination with changes made under the Superannuation Legislation (Consequential Amendments and Transitional Provisions)Act 2011, and to reflect amendments to the Superannuation Legislation Amendment(Early Release of Superannuation) Act 2011.
Administered by: Defence
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 42
Registered 08 Aug 2012
Tabling HistoryDate
Tabled HR14-Aug-2012
Tabled Senate14-Aug-2012
Date of repeal 19 Mar 2014
Repealed by Defence (Spent and Redundant Instruments) Repeal Regulation 2014

Commonwealth Coat of Arms

I, Warren Snowdon, Minister for Defence Science and Personnel, make the following determination under subsection 52 (1) of the Defence Act 1903.

Dated 30 July 2012

WARREN SNOWDON


1              Name of determination

                This determination is the Defence Force (Superannuation) (Productivity Benefit) Amendment Determination 2012 (No. 1).

2              Commencement

                This determination is taken to have commenced on 1 January 2012.

3              Amendment of Defence Force (Superannuation) (Productivity Benefit) Determination 1988

                Schedule 1 amends the Defence Force (Superannuation) (Productivity Benefit) Determination 1988.


Schedule 1        Amendments

(section 3)

  

[1]           Subclause 3 (1), definition of DFRDB Act 1973

omit

[2]           Subclause 3 (1), definition of Authority

omit

[3]           Subclause 3 (1)

insert

Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.

[4]           Subclause 3 (1), definition of Commissioner

omit

[5]           Subclause 3 (1)

insert

ComSuper means the body established by section 4 of the ComSuper Act 2011.

[6]           Subclause 3 (1)

insert

CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.

[7]           Subclause 3 (1)

insert

DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.

[8]           Subclause 6A (3)

omit

in respect of the member the benefit must be paid to a superannuation fund or approved deposit fund nominated by the Commissioner.

insert

in respect of the member, the benefit must be paid to a superannuation fund or approved deposit fund nominated by the CSC.

[9]           Clause 11, heading

substitute

11            Reconsideration of decision of CSC

[10]         Clause 12, heading

substitute

12            Review of decisions of CSC

[11]         Clause 13

substitute

13            Delegation of function of CSC

                The CSC may, by instrument in writing, delegate the CSC’s functions under subclause 6 (3) to:

                (a)    the CEO of ComSuper; or

               (b)    a member of the staff of ComSuper who holds, or is for the time being performing the duties of, an office with a classification not lower than Executive Level 1.

[12]         Schedule

after

2011

0.0551

insert

2012

0.0367

[13]         Further amendments

Provision

omit each mention of

insert

Subclause 3 (1), definition of severe financial hardship

Authority

CSC

Subclause 3 (1), definition of surcharge debt account

Authority

CSC

Subclause 3 (1), definition of surcharge deduction amount

Authority

CSC

Subclauses 3A (1) and (2)

Authority

CSC

Paragraph 3A (2) (d)

DFRDB Act 1973

DFRDB Act

Paragraph 3A (2) (e)

Authority

CSC

Subclause 3A (3)

Authority

CSC

Subclause 3A (4)

DFRDB Act 1973

DFRDB Act

Paragraph 4 (2) (a)

Defence Act 1903

Defence Act

Paragraph 6 (1) (c)

Authority

CSC

Paragraph 6 (1) (d)

Australian Prudential Regulation Authority

Chief Executive Medicare

Subclauses 6 (3) and (5)

Commissioner

CSC

Subclause 6 (7)

Authority

CSC

Subclause 6A (3)

Commissioner

CSC

Subclause 8B (2)

DFRDB Act 1973

DFRDB Act

Clauses 11 and 12

Commissioner

CSC


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.