Statutory Rules 1997 No. 2151

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Superannuation (CSS) Continuing Contributions for Benefits 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 20 August 1997.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

JOHN FAHEY

Minister for Finance

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1. Commencement

1.1 These Regulations are taken to have commenced on 30 June 1992.

2. Amendment

2.1 The Superannuation (CSS) Continuing Contributions for Benefits Regulations are amended as set out in these Regulations.

3. Regulation 3A (Classes of persons to which s. 14A of the Act applies)

3.1 Subregulation 3A (1):

Add at the end:

“; (p) a class of persons each of whom:

(i) is employed by the Nuclear Safety Bureau (in this paragraph called ‘NSB’); and

(ii) is either:

(A) a person who, immediately before last becoming so employed, was an eligible employee; or

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

(D) a person who, because of the person’s employment in NSB, would be a
re-employed former contributor with preserved rights if NSB were an approved authority; and

(iii) after becoming an employee of NSB, made contributions to the superannuation scheme provided for by the Act as if he or she were a member of the scheme, despite the fact that he or she was not entitled to make contributions to the scheme; and

(iv) in relation to the person’s employment with NSB, is not a member of a superannuation scheme, other than:

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

(B) a scheme to which contributions are made in respect of the person only in relation to performance pay; or

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

(v) is not a person to whom Division 2 or 3 of Part IV of the Public Service Act applies.”.

3.2 Subregulation 3A (1A):

Omit “and (1) (o) (iv) (C),”, substitute “, (1) (o) (iv) (C) and (1) (p) (iv) (C),”.

4. Regulation 4 (When s. 14A of the Act no longer applies)

4.1 Subregulation 4 (1A):

Omit “and (13) (b) (iii),”, substitute “, (13) (b) (iii) and (16) (c) (iii),”.

4.2 Add at the end:

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

(a) 31 December 1996;

(b) the day on which the person ceases to be an employee of the Nuclear Safety Bureau (in this subregulation called ‘NSB’);

(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 NSB, other than:

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

(ii) a scheme to which contributions are made in respect of the person only in relation to performance pay; or

(iii) 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. Schedule 1 (Modification of Act)

5.1 Subclause 2.1 (inserted subsection 159 (1A)):

Add at the end:

“; (m) Nuclear Safety Bureau.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 August 1997.

2. 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 No. 47.