STATUTORY RULES.

1960. No. 68.

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REGULATIONS UNDER THE SUPERANNUATION ACT 1922-1959.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and on the recommendation of the Superannuation Board, hereby make the following Regulations under the Superannuation Act 1922-1959.

Dated this 30th day of August, 1960.

DUNROSSIL

Governor-General.

By His Excellency’s Command,

(SGD.) HAROLD HOLT

Treasurer.

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SUPERANNUATION REGULATIONS.

Citation.

1. These Regulations may be cited as the Superannuation Regulations.

Repeal.

2. The Superannuation Regulations (comprising the Statutory Rules specified in the Schedule to these Regulations) are repealed.

Definition.

3. In these Regulations, “the Act” means the Superannuation Act 1922-1959.

Approved authorities.

4. The following Commonwealth authorities are approved authorities for the purposes of the Act:—

Australian Aluminium Production Commission.

Australian Atomic Energy Commission.

Australian Canned Fruits Board.

Australian Coastal Shipping Commission.

Australian Dairy Produce Board.

Australian Egg Board.

Australian Meat Board.

Australian National Airlines Commission.

Australian Stevedoring Industry Authority.

Australian Wheat Board.

Australian Wine Board.

Australian Wool Bureau.

Board of Management of the Australian War Memorial.

Commonwealth Scientific and Industrial Research Organization.

Dried Fruits Control Board.

Export Payments Insurance Corporation.

* Notified in the Commonwealth Gazette on 30th August, 1960.

11053/59.—PRICE 3D. 10/24.6.1960.

National Capital Development Commission.

Overseas Telecommunications Commission (Australia).

Snowy Mountains Hydro-electric Authority.

Trustees of the Services Canteens Trust Fund.

Prescribed time for purposes of section 19 (3.).

5. The time within which an employee or pensioner to whom sub-section (3.) of section 19 of the Act applies may elect to contribute for additional units of pension in accordance with that sub-section is the period of twelve months after the date upon which the salary of the employee or pensioner is increased.

Manner of ascertaining salary for purposes of section 20.

6.—(1.) For the purposes of section 20 of the Act, the salary of an employee who is paid salary at a rate other than an annual rate of salary shall be fifty-two times the weekly rate of remuneration of the employee.

(2.) In ascertaining the salary of an employee to whom the last preceding sub-regulation applies—

(a) subject to the next succeeding paragraph, if the employee is not receiving remuneration at the maximum rate applicable to his office or position, he shall be deemed to be receiving remuneration at that maximum rate; and

(b) if the employee has not attained the age of twenty-one years and occupies an office or position in respect of which the remuneration varies according to the age of the occupant, the last preceding paragraph does not apply, but, in the case of such an employee who has not attained the age of twenty years, he shall be deemed to be receiving remuneration at the rate that would be applicable to him if he had attained the age of twenty years.

Prescribed time and condition for the purposes of section 20 (8.) and (9.).

7.—(1.) The time within which an employee to whom sub-section (8.) of section 20 of the Act applies may elect to contribute for additional units of pension in accordance with that sub-section is the period of twelve months after the date upon which the salary of the employee is increased, or twelve months after the date as from which the salary of the employee is increased, whichever date is the later.

(2.) It is a condition upon which an employee may make an election under sub-section (8.) of section 20 of the Act that the employee must, within the period of six months after the date of the election or within such further period as the Board allows, satisfy the Board in accordance with sub-section (9.) of that section that he is not suffering from any physical or mental defect likely to render him incapable of performing his duties before attaining the maximum age for retirement.

Prescribed times for the purposes of section 25.

8.—(1.) The prescribed time for the purposes of sub-section (1.) of section 25 of the Act is the period of six months after the date upon which the increased contribution for the additional unit or units of pension becomes payable.

(2.) The prescribed time for the purposes of sub-section (2.) of section 25 of the Act is the period of six months after the date upon which the increased contribution for the additional unit or units of pension would have become payable if the contributor had not attained the age of sixty years.

Prescribed authority for purposes of section 65.

9. The prescribed authority for the purposes of section 65 of the Act is—

(a) in the case of a person who was, at the date of his retirement, employed under the Commonwealth Public Service Act 1922 or under that Act as amended—the Public Service Board; or

(b) in the case of a person who, at the date of his retirement, was employed under any other Act—the authority constituted by the Act under which he was so employed.

Prescribed time for the purposes of section 69.

10. The prescribed time for the purposes of sub-section (1.) of section 69 of the Act is—

(a) in the case of a person who, in the first instance, is appointed on probation—the period of twelve months after the date on which his appointment is confirmed;

(b) in the case of a person who, in the first instance, is not appointed on probation—the period of twelve months after the date on which he becomes an employee; or

(c) in the case of a person who is deemed to be an employee within the meaning of section 4 of the Act by virtue of sub-section (4.), (5.) or (6.) of that section or section 9 of the High Commissioner Act 1909-1952—the period of twelve months after the date as from which he is so deemed to be an employee.

Public Service Superannuation Funds.

11. Each of the following funds or accounts is a Public Service Superannuation Fund for the purposes of the Act:—

(a) the Electricity Commission Provident Fund, established by the State Electricity Commission constituted by the State Electricity Commission Act 1958 of the State of Victoria;

(b) the Government Railways Superannuation Account, established by the Government Railways Act, 1912-1958 of the State of New South Wales;

(c) the Local Government Provident Fund, established by the Local Government and Other Authorities (Superannuation) Act, 1927-1959 of the State of New South Wales;

(d) the Melbourne and Metropolitan Board of Works Superannuation Scheme, established under the Melbourne and Metropolitan Board of Works Act 1958 of the State of Victoria;

(e) the Melbourne Harbour Trust Superannuation Account, established under the Melbourne Harbour Trust Act 1958 of the State of Victoria;

(f) the Papua and New Guinea Superannuation Fund, established by the Superannuation (Papua and New Guinea) Ordinance 1951-1960 of the Territory of Papua and New Guinea;

(g) the Superannuation Fund established by the Superannuation Ordinance 1928-1955 of the Territory of New Guinea;

(h) the superannuation fund of the Commonwealth Banking Corporation, established by the Commonwealth Banks Act 1959;

(i) the superannuation fund of the Reserve Bank of Australia, established by the Reserve Bank Act 1959; and

(j) the Pilots’ Contribution Account maintained by the Australian National Airlines Commission, established under the Australian National Airlines Act 1945-1959.

Manner of ascertaining fortnightly salary for the purposes of section 80.

12. For the purposes of section 80 of the Act, the fortnightly salary of a contributor to the Provident Account shall be ascertained—

(a) in the case of a contributor whose salary is paid at an annual rate—by dividing that annual rate by twenty-six; or

(b) in the case of a contributor who is paid salary at a weekly rate—by multiplying that rate by two.

Manner of making elections.

13. An application, election or choice under the Act shall be made by instrument in writing addressed to the Board.

Payment of pensions.

14.—(1.) Pensions and other payments under the Act shall be authorized for payment in accordance with the provisions of the Treasury Regulations.

(2.) Pensions are payable on the Thursday of each fortnight that alternates with the Thursday on which salaries are paid to officers of the Public Service of the Commonwealth.

Evidence as to pensioners.

15. The Board may require—

(a) a person to whom, or in respect of whom, a pension is payable to submit evidence to the satisfaction of the Board that he is alive;

(b) a person to whom a pension is payable as the widow of a contributor or pensioner to submit evidence to the satisfaction of the Board that she has not re-married; and

(c) a person to whom a pension is payable in respect of a child to submit evidence to the satisfaction of the Board that the child is alive, is in his care and is maintained by him.

False information.

16. A person shall not make a false or misleading statement in any information given for the purposes of, or in connexion with a matter arising under, the Act or these Regulations.

Penalty: Ten pounds.

THE SCHEDULE.

Regulation 2.

Statutory Rules 1952, No. 20.

Statutory Rules 1953, No. 52.

Statutory Rules 1954, No. 87.

Statutory Rules 1954, No. 125.

Statutory Rules 1955, No. 60.

Statutory Rules 1956, No. 95.

Statutory Rules 1957, No. 34.

Statutory Rules 1957, No. 65.

Statutory Rules 1958, No. 39.

Statutory Rules 1958, No. 47.

Statutory Rules 1960, No. 31.

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By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.