Statutory Rules 1996   No. 1051

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Superannuation (Retiring Age) 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 13 June 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

JOHN FAHEY

Minister for Finance

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1.   Commencement

1.1   Regulation 5 is taken to have commenced on 23 June 1995.

[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

2.1   The Superannuation (Retiring Age) Regulations are amended as set out in these Regulations.

3.   Regulation 1 (Citation)

3.1   Omit “(Retiring Age)”, substitute “(CSS) Retiring Age”. 

4.   Regulation 4 (Maximum retiring age)

4.1   Subregulation 4 (1):

Omit the subregulation, substitute:

 “4. (1) For the purposes of the definition of ‘maximum retiring age’ in subsection 3 (1) of the Act, if:

 (a) a person is an eligible employee; and

 (b) under the terms and conditions of the person’s employment or appointment the maximum age for the retirement of the person is an age less than 65 years;

the maximum retiring age in relation to the person is the maximum age for the retirement of the person under those terms and conditions.

 “(1A) For the purposes of the definition of ‘maximum retiring age’ in subsection 3 (1) of the Act, if:

 (a) a person is no longer an eligible employee; and

 (b) under the terms and conditions of the person’s employment or appointment immediately before the person last ceased to be an eligible employee the maximum age for the retirement of the person was an age less than 65 years;

the maximum retiring age in relation to the person is the maximum age for the retirement of the person under those terms and conditions.”.

4.2   Subregulation 4 (3):

After “subregulation (1)”, insert “or (1A)”.

5.   Regulation 5 (Minimum retiring age)

5.1   Omit the regulation. 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 June 1996.

2. Statutory Rules 1977 No. 106 as amended by 1978 No. 228; 1981 Nos. 14, 231 and 384; 1982 No. 208; 1983 Nos. 33, 34, 74, 75, 320 and 321; 1984 Nos. 10, 157, 183, 190, 241, 264, 288, 368 and 480; 1985 Nos. 31, 344 and 355; 1986 Nos. 126, 188, 207, 333 and 339; 1987 No. 155.