Military Superannuation and Benefits Trust Deed

In force

Administered by

Department of Defence

This item is authorised by the following title:

Military Superannuation and Benefits Act 1991

Superseded version

View latest version

View as made version

F2007C00474

01 July 2007 - 31 December 2007

Table of contents

1 Interpretation
2 Establishment of the Superannuation Scheme and the Fund
3 Functions and powers of the Board
4 Appointment of Trustees
5 Termination of Appointment
6 Acting Appointments
7 Disclosure of Interests
8 Meetings of the Board of Trustees
9 Operation of the Fund
10 Investment of the Fund
10A Unitisation of Investment Divisions
11 Requests by Minister for Information
12 Delegation by the Board
1 Citation
2 Definitions and interpretation
3 Contributions by members
4 Amount of contributions
5 Cessation of contributions on reaching maximum benefit limit
6 Contributions while on leave without pay in connection with birth of child etc
7 Contributions while on other leave without pay
8 General conditions applicable to contributions under rules 6 and 7
9 Member contributions to be paid to Board
10 Liability of Department to pay employer contributions
11 Payment of contributions into Fund
11A Establishment of primary Investment Division
11B Establishment of unitised accounts for members
11C Investment Divisions — general
11D Default Investment Division
11E Winding up of Investment Division
11F Net asset value
11G Unitisation of an Investment Division
11H Classes of units
11I Unit value
11J Issue price
11K Withdrawal price
11L Division or consolidation of units
11M Establishment and operation of unitised accounts
11N Annual statement
11O How contributions are allocated to an Investment Division
11P Allocation of employer contributions
11Q Allocation of member contributions
11QA Treatment of contributions where no tax file number has been provided
11R Suspension of allocations
11S How units are transferred from one Investment Division to another
11T Transfer of units in employer accounts on change of default Investment Division
11U Unitised member may apply for transfer of units
11V Transfer applications — day of transfer
11W Limits applicable to transfers
11X Grounds for refusing transfer application
11Y Suspension of transfers
11Z Fees for transfers
11ZA Closed or wound up Investment Division
11ZB Members to be informed about proposed changes to Investment Divisions
11ZC Payment of benefits
11ZD Suspension of withdrawals
12 Benefits on retirement before reaching 55 years of age or earlier retiring age, otherwise than for redundancy or retrenchment etc
13 Benefits on retirement for redundancy or retrenchment or on completion of limited tenure appointment or on attaining retiring age of less than 55 years
14 Benefits on retirement on or after attaining age of 55 years
16 Limitation on certain benefits in case of certain transferees who retire before completing 731 days’ service after 30 September 1991
17 Incapacity Classification Committee
18 Membership of Committee
19 Functions of Committee
20 Proceedings of Committee
21 Decisions by Committee
22 Classification in respect of incapacity
22A Interim classification
23 Reclassification in respect of incapacity
24 Decision as to classification or reclassification to be notified to invalidity retiree
25 Power of Board to require persons to be medically examined etc
26 Entitlement to invalidity benefits
27 Invalidity benefits for person classified as Class A
28 Invalidity benefits for person classified as Class B
29 Effect of change of invalidity classification on pension and preserved benefit
30 Person may be treated as having been retired on ground of invalidity
31 Person classified as Class C
32 Pre-existing condition
33 Invalidity due to intentional act
34 Invalidity arising during absence without leave exceeding 21 days
35 Suspension of pension of retirement pensioner other than invalidity retiree
36 Cancellation of pension etc of invalidity retiree
37 Continuation of previous election to cease paying contributions
38 Applicability of benefits
39 Payment of deceased member’s member benefit
40 Payment of deceased member’s employer benefit
41 Applicability of benefits
42 Pensions payable
43 Final benefit payable in relation to deceased retirement pensioner
44 Death in certain cases due to retirement disabilities
45 Effect of death of invalidity pensioner while pension suspended
46 Child’s benefit upon death of spouse
47 Entitlements where two spouses
48 Payment of balance of benefit where pension becomes payable to child in certain cases
48A Preserved benefits subject to family law payment split
49 Drawing on member benefit included in preserved benefit
50 Fee for payment of part of person’s member benefit
51 Certain benefits included in preserved benefits
52 Payment of employer benefit included in preserved benefit to person who has attained 55 years of age
53 Compulsory payment of preserved benefit
53A Payment of deceased retirement pensioner’s member benefit included in preserved benefit
54 Payment of deceased former member’s preserved benefit
54A Aggregation of benefits
55 Increases in maximum benefit limits
56 Increases in pensions and associate pensions
57 Application of increase to suspended pension
58 Proportionate increase for part of a year
59 Adjustment in connection with invalidity reclassification
60 Date of effect of increase
61 Interpretation
61A Increases in pensions and certain unfunded preserved benefits
61B Proportionate increase for part of a year
61C Adjustment in connection with invalidity reclassification
61D Date of effect of increase
61E Interpretation
62 Re-instated member
63 Death or physical or mental incapacity of person
64 Provisions applicable to elections under the Rules
65 Rate of pension where lump sum converted into pension
65A Employer benefit converted into pension to include funded employer benefit unless person elects otherwise
65B Prescribed minimum amount for conversion of lump sum to pension
66 Benefits in unusual or exceptional circumstances
67 Instalments of pensions and associate pensions
68 Set off against pension in certain cases
69 Interest payable where payment of benefit delayed
70 Payment of benefit otherwise than to person entitled
71 Withholding payment of benefit where required information not provided
72 Reconsideration Committees
73 Membership of Committee
74 Functions of Committee
75 Proceedings of Committee
76 Reconsideration of decisions made by delegates
77 Reconsideration of decisions made by Board and Committees
78 Content of statements of reasons for decisions
79 Interpretation
80 Deduction of surcharge deduction amount
81 Deduction of surcharge deduction amount where member deceased
82 Member benefits accruing before 1 July 1999
83 Member benefits accruing on or after 1 July 1999
84 Employer benefits
85 Associate A benefit and ancillary benefit
86 Associate B benefit
87 Release of benefits because of total and permanent incapacity, on compassionate grounds, or because of severe financial hardship
88 Death of a person who has associate benefit or ancillary benefit
89 Definitions
90 Splitting a benefit that is not ancillary benefit, associate A benefit or associate B benefit
91 Splitting ancillary benefit, associate A benefit or associate B benefit
92 Member spouse is 1973 Act member
93 Member spouse has a superannuation interest under section 52 of the Defence Act 1903
94 Member spouse is member who has ancillary benefit or associate benefit
95 Member spouse is in receipt of a pension or associate pension
96 Commutation of small associate pension
97 Indexation of amount for small associate pension
98 Scheme value
99 Annual rate of associate pension
100 Reduction of pension
101 Definitions
102 Part 2 does not apply
103 Certain investment nominations to continue in operation
104 Investment nominations by DFRDB members and spouses
105 Allocation of contributions
105A Treatment of additional personal contributions where no tax file number has been provided
105B Treatment of contributions for the benefit of member’s spouse where spouse’s tax file number has not been provided
106 Government co-contribution and SG charge payments
107 Amounts transferred from regulated superannuation funds, etc
108 Salary sacrifice
109 Additional personal contributions
110 Contributions for the benefit of the spouse of a member
111 Definitions
112 Transfer of certain amounts
113 Allocation of Government co-contribution
114 Expiration and saving
- Schedule 1 Glossary
- Schedule 2 Prescribed periods for the purposes of rule 4
- Schedule 3 Calculation of maximum benefit limits
- Schedule 4 Percentage of employer benefit or deceased pensioner’s pension applicable to spouse or eligible child
- Schedule 4A Calculation of notional employer benefit
- Schedule 5 Calculation of rate of pension by conversion of employer benefit
- Schedule 6 Calculation of eligible service
- Schedule 7 Calculation of final average salary
- Schedule 8 Calculation of employer benefit
- Schedule 9 Calculation of member benefit before 1 July 2002
- Schedule 10 Transfer value
- Schedule 10A Carry over value
- Schedule 11 Annual rates of interest applicable in respect of certain unfunded amounts
- Schedule 12 Surcharge deduction amount
  - Notes to the REF Citation \*charformat Military Superannuation and Benefits Trust Deed

Military Superannuation and Benefits Trust Deed

Legislation text