Commonwealth Consolidated Regulations

SUPERANNUATION (CSS) CONTINUING CONTRIBUTIONS FOR BENEFITS REGULATIONS 1981 - REG 5

  (1)   The Act applies, subject to the modifications specified in Schedule   1, to and in relation to a person to whom section   14A of the Act applies by virtue of his or her being a person referred to in paragraph (1) (a), (c), (d) or (e) of that section.

  (2)   The Act applies, subject to the modifications set out in Schedule 2, to a person referred to in paragraph 3A (1) (h).

  (3)   The Act applies, subject to the modifications set out in Schedule 3, to a class of persons each of whom:

  (a)   holds an appointment, or is employed, for a fixed term; and

  (b)   is an eligible employee because he or she is:

  (i)   a person to whom Division 3 of Part IV of the Public Service Act applies; or

  (ii)   a person referred to in paragraph 14A (1) (b) or (e) of the Act.

Schedule 1   Modification of Act

(subregulation 5 (1))

1.   Insert the following Part after Part VIII:

Part VIIIA   Special provisions applicable to certain persons to whom section 14A applies

124A   Interpretation

    In this Part, unless the contrary intention appears:

reinstated means re-appointed or re-employed, or to be deemed to be, or deemed to have been, re-appointed or re-employed, as the case requires.

relevant period means:

  (a)   in relation to a person to whom this Part applies, being a person referred to in paragraph 124B (a), (b), (c), (e) or (g)   -- any period referred to in subparagraph 124B (a) (iii), (b) (iii), (c) (iii), (e) (iii) or (g) (iii), as the case may be, during which the person was not an eligible employee; or

  (b)   in relation to a person to whom this Part applies, being a person referred to in paragraph 124B (d) or (f)   -- any period comprising the whole, or any portion, of the period:

  (i)   commencing on the day on which the person is reinstated; and

  (ii)   ending at the end of the day immediately preceding the day on which the person first reports, or reported, for duty after reinstatement;

  during which the person was not an eligible employee.

124B   Application of Part

    This Part applies to a person to whom section 14A applies, being:

  (a)   a person who:

  (i)   is performing duty in the Australian Public Service pursuant to a re-appointment to that Service under subsection 63F (9), 63G (7) or 66B (2) of the Public Service Act;

  (ii)   was an eligible employee immediately before the dismissal, or deemed retirement, from the Australian Public Service to which the re-appointment relates; and

  (iii)   was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the dismissal or deemed retirement and ended at the time at which the re - appointment took effect;

  (b)   a person who:

  (i)   is, by virtue of subsection 87K (11) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies;

  (ii)   was an eligible employee immediately before the dismissal from the Australian Public Service to which the declaration in respect of the person referred to in subsection 87K (11) of that Act relates; and

  (iii)   was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the dismissal and ended on the making of the declaration;

  (c)   a person who:

  (i)   is, by virtue of a determination under subsection 87P (7) of the Public Service Act, a person to whom Division 3 of Part IV of that Act applies;

  (ii)   was an eligible employee immediately before the termination of employment referred to in subparagraph 87P (1) (a) (i) or (b) (i) of that Act, as the case may be, to which the determination relates; and

  (iii)   was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the termination of the employment and ended upon the making of the determination;

  (d)   a person who is performing duty in the Australian Public Service by virtue of having been deemed to have been re - appointed to that Service in accordance with section 87M or 87Q of the Public Service Act;

  (e)   a person who:

  (i)   is a permanent employee, or a temporary employee, by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been re-appointed to the Australian Public Service under section 63F, 63G or 66B of the Public Service Act;

  (ii)   was an eligible employee immediately before the termination or cessation of employment to which the reinstatement relates; and

  (iii)   was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced immediately after the termination or cessation of employment and ended at the time at which the reinstatement took effect;

  (f)   a person who:

  (i)   is a permanent employee, or a temporary employee, by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been deemed to have been re-appointed to the Australian Public Service in accordance with section 87M or 87Q of the Public Service Act; and

  (ii)   is reinstated on the day immediately following the day (in this subregulation called his or her last day in prescribed employment ) on which there took effect the termination or cessation of employment to which the reinstatement relates; or

  (g)   a person (other than a person to whom paragraph (f) applies) who:

  (i)   is a permanent employee, or a temporary employee, by virtue of having been reinstated in circumstances similar to the circumstances in which a person could have been deemed to have been re-appointed to the Australian Public Service in accordance with section 87M or 87Q of the Public Service Act;

  (ii)   was an eligible employee on his or her last day in prescribed employment; and

  (iii)   was not an eligible employee during a period comprising the whole, or any portion, of the period that commenced on the day immediately following his or her last day in prescribed employment and ended at the time at which his or her reinstatement took effect.

124C   Periods deemed to be periods of leave of absence without pay

    Each period that is, in relation to a person to whom this Part applies, a relevant period shall be deemed, for the purposes of this Act, to be a period during the whole of which the person was absent, on leave of absence without pay, from the employment in which he or she was engaged immediately before the commencement of the relevant period and, where that period does not exceed 12 weeks, the period shall, for the purposes of section 51, be deemed to be a period exceeding 12   weeks.

124D   Benefits not payable in certain circumstances

    If a benefit becomes, or became, payable under this Act to, or in respect of, a person to whom this Part applies on the commencement of any period that is, in relation to that person, a relevant period:

  (a)   the benefit is taken not to be, or to have been, payable; and

  (b)   if the benefit or any part of the benefit is paid, the person must repay the amount of that benefit or that part of the benefit to the Commissioner.

2.   Section 159:

2.1   After subsection 159 (1), inser t:

  (1A)   This section also a pplies to the following bodies:

  (a)   AIDC Ltd;

  (b)   the Dairy Resear ch and Development Corporation;

  (c)   a Commonwealth authority, within the meaning of Part IV of the Public Service Act, tha t is not an approved authority;

  (d)   the Northern Land Council;

  (e)   ASP Ship Management;

  (g)   a company that is:

  (i)   Qantas; or

  (ii)   a Qantas subsidiary;

    within the respective meanings of the Qantas Sale Act 1992 ;

  (h)   the New South Wales Red C ross Blood Transfusion Service;

  (i)   Australi an Meat Technology Pty Limited;

  (j)   Australian Information Media Pty Limited;

  (k)   A valon Airport Geelong Pty Ltd.;

  (l)   ASTAAS Pty Ltd;

  (m)   Nuclear Safety Bureau;

  (n)   Au stralian Law Reform Commission;

  (o)   Medibank;

  (p)   Employment Nat ional (Administration) Pty Ltd;

  (q)   AWB Limited;

  (r)   Northern Territory Legal Aid Commission;

  (s)   Australian Government Solicitor;

  (t)   Sydney Airports Corporation Ltd;

  (u)   Bankstown Airport Ltd;

  (v)   Essendon Airport Ltd;

  (w)   Sydney Harbour Federation Trust;

  (x)   Snowy Hydro Limited;

  (y)   ATP Ltd;

  (z)   ASPI Ltd;

  (za)   the CSS/PSS Board.

  (1B)   This section does not apply to:

  (a)   Telstra; or

  (b)   the Australian Postal Corporation.

2.2   Subparagraph 159 (2) (a) (ii):

    After (1) (b), insert or in subsection (1A)

3.   Section 160:

3.1   Subsection 160   (4)

Omit the subsection, substitute:

  (4)   If a person who:

  (a)   proposes to become employed by, becomes employed by, or is employed by:

  (i)   an approved authority; or

  (ii)   a declared authority; or

  (iii)   a body mentioned in subsection 159 (1A); or

  (iv)   Telstra; or

  (v)   the Australian Postal Corporation; or

  (b)   is the proposed appointee to, or the holder of, a statutory office whose remuneration is paid by an authority or a body mentioned in paragraph (a);

is required to undergo a medical examination under section   16 or   16AB, the authority or body mentioned in paragraph (a) must pay the cost of the examination.

3.2   After paragraph 160   (6)   (a), insert:

  (aa)   a body mentioned in subsection 159 (1A) whose staff includes or included eligible employees; or

  (ab)   Telstra; or

  (ac)   the Australian Postal Corporation; or

Schedule 2   Modifications of the Act in relation to persons eligible to be paid a mobility allowance

(subregulation 5 (2))

1.   Section 3 (Interpretation)

1.1   Subsection 3 (1):

After the definition of minimum retiring age , insert:

mobility allowance means an allowance of that name payable in accordance with a determination made under section 82D of the Public Service Act 1922 .

2.   Section 5 (Annual rate of salary)

2.1   Subsection 5 (2):

    Omit the subsection, substitute:

  (2)   The annual rate of salary on a particular day of a person who is referred to in paragraph 3A (1) (h) of the Superannuation (Continuing Contributions for Benefits) Regulations is:

  (a)   an amount equal to the amount of salary per year payable on that day in respect of the office that the person held immediately before becoming eligible for a mobility allowance; or

  (b)   if the person makes an election under subsection 47A (1)   -- the maximum amount per year of mobility allowance payable to a person.

3.   Section 47 (Decreases in salary)

3.1   Add at the end:

  (5)   This section does not apply to an eligible employee who makes an election under subsection 47A (1).

4.   New section 47A

4.1   After section 47, insert:

47A   Election relating to mobility allowance

  (1)   An eligible employee who:

  (a)   is eligible to be paid a mobility allowance; or

  (b)   would be eligible to be paid a mobility allowance except for the amount of income that he or she is receiving;

  (in this regulation called the applicant may) make an election in writing to the Commissioner to have the applicant's annual rate of salary taken to be the maximum amount per year of mobility allowance payable to a person.

  (2)   The applicant must make the election not later than 3 months after the day on which the applicant:

  (a)   becomes eligible to be paid a mobility allowance; or

  (b)   would have become eligible to be paid a mobility allowance except for the amount of income that he or she is receiving.

  (3)   If:

  (a)   the applicant makes an election under subsection (1); and

  (b)   as a consequence of the election, the applicant's annual rate of salary is less than the annual rate of salary:

  (i)   payable to the applicant on the last anniversary of the applicant's birth before the date of the election; or

  (ii)   taken, under subsection 47 (1) or (3), to have been payable to the applicant on the last anniversary;

the applicant's annual rate of salary on the last anniversary of the applicant's birth before the day on which the applicant:

  (c)   became eligible to be paid a mobility allowance; or

  (d)   would have become eligible to be paid a mobility allowance except for the amount of income that he or she is receiving;

is taken to be the applicant's annual rate of salary immediately after the election for the purpose of calculating the amount of the basic contribution payable by the applicant on each contribution day after the date of the election and before the first anniversary of the applicant's birth after that date.

5.   Section 51 (Leave of absence without pay)

5.1   After subsection 51 (1), insert:

  (1AA)   In spite of subsection (1), this section does not apply to an eligible employee who:

  (a)   is eligible to be paid a mobility allowance; or

  (b)   would be eligible to be paid a mobility allowance except for the amount of income that the person is receiving.

6.   Section 110A (Interpretation)

6.1   Definition of designated employer :

After paragraph (c), insert:

  (ca)   if the employee

  (i)   is eligible to be paid a mobility allowance; or

  (ii)   would be eligible to be paid a mobility allowance except for the amount of income that the person is receiving;

    the Department, approved authority or person who is, or would be, responsible for the payment of the allowance; or

6.2   Definition of productivity employee :

Omit the definition, substitute:

productivity employee means an eligible employee who:

  (a)   is eligible to be paid a mobility allowance; or

  (b)   would be eligible to be paid a mobility allowance except for the amount of income that he or she is receiving.

Schedule 3   Modifications of the Act in its application to certain fixed-term office holders and employees

(subregulation 5 (3))

1.   Section 57B (Definition)

1.1   Subsection 57B (1) (definition of fixed-term employee ):

    Add at the end:

; or

  (f)   a person who:

  (i)   holds an appointment, or is employed, for a fixed term; and

  (ii)   is an eligible employee because he or she is:

  (A)   a person to whom Division 3 of Part IV of the Public Service Act 1922 applies; or

  (B)   a person referred to in paragraph 14A (1) (b) or (e) of the Act.

2.   Section 58A (Special provision regarding certain holders of statutory offices)

2.1   Subparagraph 58A (1) (c) (ii):

Omit paragraph 57B (1) (d) or (e), substitute paragraph 57B (1) (d), (e) or (f)

3.   Section 58B (Special provision regarding certain fixed-term employees)

3.1   Subparagraph 58B (1) (c) (iv):

  Omit paragraph 57B (1) (d) or (e)", substitute "paragraph   57B   (1) (d), (e) or (f)

Notes to the Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981

Note 1

The Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981 (in force under the Superannuation Act 1976 ) as shown in this compilation comprise Statutory Rules 1981 No.   36 amended as indicated in the Tables below.

Under the implementation of the Legislative Instruments Act 2003 , which came into force on 1 January 2005 , it is a requirement for all legislative instruments to be registered to the Federal Register of Legislative Instruments.   Any legislative instrument made on or after 1 January 2005 is not enforceable unless it is registered. From 1 January 2005 the Statutory Rules series ceased to exist and is replaced with Select Legislative Instruments (SLI).   Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Table of Amendments