Australian Government

Federal Register of Legislation

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

Latest version

F2022C00514 (C19)

08 April 2022

Table of contents

1 Interpretation
2 Establishment of the Superannuation Scheme and the Fund
3 Functions and powers of CSC
9 Operation of the Fund
10 Investment of the Fund
10A Unitisation of Investment Divisions
11 Requests by Minister for Information
12 Delegation by CSC
13 Saving provisions for amendment of this Deed by Part 1 of Schedule 1 to the Military Superannuation and Benefits Amendment (Trust Deed—ADF Super Consequential) Instrument 2015
14 Application provision for amendments of this Deed by Part 2 of Schedule 1 to the Military Superannuation and Benefits Amendment (Trust Deed—ADF Super Consequential) Instrument 2015
Schedule—Military Superannuation and Benefits Rules
- Part 1—Preliminary
- 1 Citation
- 2 Definitions and interpretation
- Part 2—Contributions
- 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 CSC
- 10 Liability of Department to pay employer contributions
- 11 Payment of contributions into Fund
- Part 2B—Administration of unitised Fund
- Division 1—Arrangements for Investment Divisions
- 11C Investment Divisions—general
- 11D Default Investment Division
- 11E Winding up of Investment Division
- 11F Net asset value
- Division 2—Unitisation procedure
- 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
- Division 3—Arrangements for unitised members
- 11M Establishment and operation of unitised accounts
- 11N Annual statement
- Division 4—Allocation of contributions to Investment Divisions
- 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
- Division 5—Transferring units from one Investment Division to another
- 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
- Division 6—Notice of proposed changes to Investment Divisions
- 11ZB Members to be informed about proposed changes to Investment Divisions
- Division 7—Withdrawal of beneficial interest
- 11ZC Payment of benefits
- 11ZD Suspension of withdrawals
- Part 3—Members’ benefits
- Division 1—Benefits other than Invalidity Benefits
- 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
- 14A Benefits on ceasing to be a member because of becoming an ADF Super member
- Division 2—Invalidity Benefits
- Subdivision A—Incapacity Classification
- 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 CSC to require persons to be medically examined etc
- Subdivision B—Invalidity Benefits
- 26 Entitlement to invalidity benefits
- 26A Splitting of invalidity benefits after reclassification
- 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
- Subdivision C—Invalidity Benefits not Payable
- 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
- Division 3—Person rejoining the scheme
- 36 Cancellation of pension etc of invalidity retiree
- 37 Continuation of previous election to cease paying contributions
- Part 4—Spouses’ and children’s benefits
- Division 1—Death of a member
- 38 Applicability of benefits
- 39 Payment of deceased member’s member benefit
- 40 Payment of deceased member’s employer benefit
- Division 2—Death of retirement pensioner
- 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
- Division 3—Death of Spouse
- 46 Child’s benefit upon death of spouse
- Division 4—Miscellaneous
- 47 Entitlements where more than one spouse
- 48 Payment of balance of benefit where pension becomes payable to child in certain cases
- Part 5—Payment of preserved benefits
- 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
- Part 6—Increases in maximum benefit limits, pensions and certain unfunded preserved benefits
- Division 1—Increases in maximum benefit limits
- 55 Increases in maximum benefit limits
- Division 2—Increases in pensions and associate pensions
- 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
- Division 3—Increases in certain unfunded preserved benefits
- 61A Increases in 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
- Part 7—Candidates at parliamentary elections
- 62 Re instated member
- 63 Death or physical or mental incapacity of person
- Part 8—General provisions applicable to contributions and benefits
- 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
- Part 9—Reconsideration of decisions
- 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 CSC and Committees
- 78 Content of statements of reasons for decisions
- 79 Interpretation
- Part 10—Surcharge deduction amount
- 80 Deduction of surcharge deduction amount
- 81 Deduction of surcharge deduction amount where member deceased
- Part 10A—Release authorities
- 81A Reduction of benefits—debt account discharge liability
- 81B Reduction of benefits—members and DFRDB members with an ancillary benefit
- 81C Reduction of benefits—preserved benefits
- 81D Reduction of benefits—release authorities issued in relation to a first home super saver determination
- Part 11—Preserved benefits
- 82 Member benefits accruing before 1 July 1999
- 83 Member benefits accruing on or after 1 July 1999
- 84 Employer benefits
- Part 12—Associate benefit and ancillary benefit
- 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
- Part 13—Family law superannuation interest splitting
- Division 1—Preliminary
- 89 Definitions
- Division 2—Dealing with splitting agreements and splitting orders
- Subdivision 1—Compliance with splitting agreements and splitting orders
- 89A General requirement for CSC
- Subdivision 2—Payment split of benefit in the growth phase
- 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
- Subdivision 3—Payment split of benefit in the payment phase
- 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
- Division 3—Determination of scheme value, associate pension rate and member spouse pension reduction
- 98 Scheme value
- 99 Annual rate of associate pension
- 100 Reduction of pension
- Part 14—Contributions to ancillary benefit
- 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
- 106A SG top up contribution
- 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
Schedule 1—Glossary
- Part 1—Definitions
- Part 1A—Marital or couple relationship
- Part 2—Resign to contest an election
- Part 3—Retirement
- Part 3A—Retirement on completion of limited tenure appointment
- Part 4—Retiring age
- Part 5—Spouse who survives a deceased person
- Part 6—Parts of speech and grammatical forms
- Part 7—Number
- Part 8—Reckoning of time
- Part 9—Attainment of particular age
- Part 10—Salary
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
- Part 1—Calculation of employer benefit of members other than particular MBL members
- Part 5—Calculation of employer benefit of particular MBL members
- Part 6—Interpretation
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
- Endnotes