Statutory Rules 1992   No.  2191

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Superannuation (Salary) 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 30 June 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

RALPH WILLIS

Minister of State for Finance

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1.   Commencement

1.1   These Regulations commence on 1 July 1992.

2.   Amendment

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

3.   New Part 2F

3.1   After regulation 8Q, insert:

“PART 2F–CERTAIN EMPLOYEES  WHO TRANSFER TO REPATRIATION  INSTITUTIONS

Interpretation

 “8R. (1)  In this Part:

‘Income Supplementation’ means an amount payable by or on behalf of the Commonwealth to a person under the Agreement by way of Income Supplementation;

‘the Agreement’ means the agreement between the Commonwealth and the Australian Council of Trade Unions and its affiliates relating to the transfer of staff in repatriation hospitals from employment with the Commonwealth to employment with the States.

 “(2) A reference in this Part to a State is taken to include a reference to an authority of that State.

Persons to whom this Part applies

 “8S. This Part applies to a person who:

 (a) was an eligible employee employed at a repatriation institution (within the meaning of the Repatriation Institutions (Transfer) Act 1992) immediately before the day mentioned in paragraph (b); and

 (b) is taken, by force of subsection 14 (2) of that Act, to have resigned from the Australian Public Service at the start of the day on which a State starts to operate that repatriation institution; and

 (c) is engaged in employment:

 (i) at that repatriation institution; or

 (ii) at another appropriate State institution (within the meaning of that Act); or

 (iii) in a position to which he or she has been compulsorily transferred by that State;

  for which Income Supplementation is payable to the person; and

 (d) is an eligible employee.

Annual rate of salary

 “8T. (1)  For the purposes of the Act, the annual rate of salary on a particular day of a person to whom this Part applies is the amount that is equal to the sum of:

 (a) the amount that, apart from this regulation, would be the person’s annual rate of salary on that day in employment of a kind mentioned in paragraph 8S (c); and

 (b) subject to subregulation (2), the amount of the person’s annual rate of Income Supplementation on that day that is payable as salary maintenance; and

 (c) subject to subregulation (2), the amount of the person’s annual rate of Income Supplementation on that day that is an eligible allowance under regulation 8U.

 “(2) In the case of a person who is a part-time employee, the reference in paragraph (1) (b) or (c) to the amount of the person’s annual rate of Income Supplementation is taken to be a reference to the amount that would be the person’s annual rate of Income Supplementation of the relevant kind if the person’s employment were full-time employment.

Eligible allowances

 “8U. (1)  For the purposes of paragraph 8T (1) (c), the amount mentioned in that paragraph (in this regulation called ‘the relevant amount’) is an eligible allowance if it satisfies the criteria stated in this regulation.

 “(2) The relevant amount must be payable to a person as:

 (a) a higher duties allowance; or

 (b) a shift penalty; or

 (c) a restricted duties adjustment.

 “(3) The relevant amount must be payable to a person during a period when an allowance (in this regulation called a ‘State allowance’):

 (a) is payable to the person, by the State that employs the person, because of a condition or circumstance of the person’s employment by that State; and

 (b) is taken, under subregulation (5), to be payable on a regular basis to the person during the period.

 “(4) The relevant amount must be payable to a person because of a condition or circumstance of the person’s former employment (at the repatriation institution mentioned in paragraph 8S (a)) that is comparable to the condition or circumstance mentioned in paragraph (3) (a).

 “(5) A State allowance is taken to be payable on a regular basis to a person during a period if it is an allowance that is taken:

 (a) in the case of a higher duties allowance or a restricted duties adjustment—under regulation 6; or

 (b) in the case of a shift penalty—under regulation 8B;

to be payable on a regular basis to the person during the period.

 “(6) In paragraph (5) (a), ‘restricted duties adjustment’ includes a close call, on call or stand-by allowance.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on  30 June 1992.

2. Statutory Rules 1978 No. 282 as amended by 1981 No. 5; 1985 Nos. 204 and 326; 1986 Nos. 43 and 49; 1987 No. 70; 1988 Nos. 171, 231, 250 and 350; 1989 No. 77; 1990 No. 128; 1991 Nos. 167, 312 and 466; 1992 No. 169.