Superannuation (CSS) Continuing Contributions for Benefits Amendment Regulations 2002 (No. 2)1

Statutory Rules 2002 No. 3412

I, PETER JOHN HOLLINGWORTH, 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 19 December 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

NICK MINCHIN

Minister for Finance and Administration

1 Name of Regulations

  These Regulations are the Superannuation (CSS) Continuing Contributions for Benefits Amendment Regulations 2002 (No. 2).

2 Commencement

  These Regulations commence on gazettal.

3 Amendment of Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981

  Schedule 1 amends the Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981.

Schedule 1 Amendments

(regulation 3)

 

[1] Subregulation 2 (1), after definition of Commonwealth control

insert

CSS/PSS Board means either or both of:

 (a) the CSS Board established under section 27A of the Superannuation Act 1976; and

 (b) the PSS Board established under section 20 of the Superannuation Act 1990.

[2] Sub-subparagraph 3A (1) (za) (iii) (B)

omit

purposes.

insert

purposes;

[3] Sub-subparagraph 3A (1) (zc) (iii) (B)

omit

purposes.

insert

purposes;

[4] After paragraph 3A (1) (zc)

insert

 (zd) a class of persons each of whom:

 (i) is, or becomes, an employee of the CSS/PSS Board (otherwise than on a casual or temporary part-time basis); and

 (ii) either:

 (A) immediately before becoming so employed, was an eligible employee; or

 (B) immediately before becoming so employed, was a person to whom a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section was payable, or would have been payable but for a suspension of payment; or

 (C) immediately before becoming so employed, was a person to whom invalidity pension under the Act was payable, or would have been payable but for a suspension of payment; or

 (D) immediately before becoming so employed, was a person to whom deferred benefits under the Act or the superseded Act were applicable, and, in the case of a person who becomes a full-time temporary employee, makes an election in writing to become an eligible employee; or

 (E) is a person who, because of the person’s employment by the CSS/PSS Board, is a reemployed former contributor with preserved rights, and, in the case of a person who becomes a full-time temporary employee, makes an election in writing to become an eligible employee; and

 (iii) is not, in relation to the person’s employment by the CSS/PSS Board, a member of a superannuation scheme, other than:

 (A) the scheme provided for by the Act; or

 (B) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.

[5] Subregulation 3A (1A)

omit

and (1) (zc) (iii) (B),

insert

, (1) (zc) (iii) (B) and (1) (zd) (iii) (B),

[6] Subregulation 4 (1A)

omit

and (29) (b) (ii),

insert

, (29) (b) (ii) and (30) (b) (ii),

[7] After subregulation 4 (29)

insert

 (30) Section 14A of the Act ceases to apply to a person in the class of persons mentioned in paragraph 3A (1) (zd) at the end of the first occurring of the following days:

 (a) the day on which the person ceases to be an employee of the CSS/PSS Board; or

 (b) the day immediately before the day on which the person becomes a casual or temporary part-time employee of the CSS/PSS Board; or

 (c) the day immediately before the day on which the person becomes a member of a superannuation scheme that applies to that person’s employment by the CSS/PSS Board, other than:

 (i) the scheme provided for by the Act; or

 (ii) in the case of a person to whom, under subregulation (1A), this subparagraph applies — a scheme of which the person is taken, under subregulation 2 (2), to be a member for top-up purposes.

[8] Schedule 1, subitem 2.1, inserted subsection 159 (1A)

omit

 (x) Snowy Hydro Limited.

insert

 (x) Snowy Hydro Limited;

[9] Schedule 1, subitem 2.1, inserted subsection 159 (1A)

omit

 (z) ASPI Ltd.

insert

 (z) ASPI Ltd;

 (za) the CSS/PSS Board.

Notes

1. These Regulations amend Statutory Rules 1981 No. 36, as amended by 1987 No. 290; 1989 No. 168; 1990 Nos. 179 and 379; 1991 Nos. 97, 168, 446 (as amended by 1992 No. 213) and 465; 1992 Nos. 27, 213, 323, 428 and 460 (as amended by 1994 No. 271); 1993 Nos. 3, 50 and 348; 1994 Nos. 8, 115, 116, 248, 271 and 335; 1995 Nos. 97, 201, 349 and 438; 1996 Nos. 6, 97 and 297; 1997 Nos. 47 and 215; 1998 Nos. 91 and 242; 1999 Nos. 63 and 172; 2001 No. 230; 2002 No. 94.

2. Notified in the Commonwealth of Australia Gazette on 20 December 2002.