I, WARREN SNOWDON, Minister for Defence Science and Personnel, make this instrument under subsection 5 (1) of the Military Superannuation and Benefits Act 1991.

Dated 22 December 2008

WARREN SNOWDON

Minister for Defence Science and Personnel

1 Name of instrument

  This instrument is the Military Superannuation and Benefits Trust Deed Amendment 2008 (No. 2).

2 Commencement

  This instrument commences on 24 December 2008.

3 Amendment of Military Superannuation and Benefits Trust Deed

  Schedule 1 amends the Military Superannuation and Benefits Trust Deed.

Schedule 1 Amendments

(section 3)

[1] Rules, rule 101, after definition of Government co-contribution

insert

SG top-up contribution means an amount contributed by the Department, for the benefit of a member or a DFRDB member, in order to ensure that the Department does not have an individual superannuation guarantee shortfall (within the meaning of the Superannuation Guarantee (Administration) Act 1992) in relation to the member or the DFRDB member.

[2] Rules, after rule 106

insert

106A SG top-up contribution

 (1) If the Board receives an SG top-up contribution in respect of a member or a DFRDB member, the contribution is taken to be a contribution by the member or the DFRDB member for rule 105.

 (2) To avoid doubt, an SG top-up contribution:

 (a) is not part of the funded employer benefit in relation to the member or the DFRDB member in respect of whom the contribution is made; and

 (b) is not required to be allocated to the default Investment Division as set out in rule 11P.

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.