Commonwealth Numbered Regulations

1985 No. 204 SUPERANNUATION (SALARY) REGULATIONS (AMENDMENT) - REG 1

The Superannuation (Salary) Regulations are amended by adding at the end the
following regulation: Annual rate of salary of certain redeployed eligible
employees, &c.

"20. (1) In this regulation - 'classification', 'office of Secretary',
'officer', 'Secretary', 'Senior
Executive
Service office', 'Senior Executive Service officer' and 'unattached
Secretary' have the same meaning as in sub-section 7 (1) of the
Public Service Act; 'fixed-term appointment' means -

   (a)  in relation to a Secretary - a fixed-term appointment within
the meaning of section 37 of the Public Service Act; or

   (b)  in relation to a Senior Executive Service officer - a
fixedterm
appointment within the meaning of section 44 of that
Act; 'relevant day', in relation to an eligible employee to whom this
regulation
applies, means the day on which the eligible employee became such
an eligible employee.

"(2) For the purposes of this regulation, the question whether the
classification of an office is equal to, higher than, or lower than, the
classification of another office is to be determined in accordance with
subsections 28 (2) and (3) of the Public Service Act.

"(3) Subject to sub-regulation (6), where -

   (a)  an eligible employee, being a Secretary or an unattached Secretary -

        (i)    is appointed to an office of Secretary of lower classification
than the classification of the office of Secretary held
immediately before the appointment, or last held before the
appointment, by the eligible employee;

        (ii)   is transferred to a Senior Executive Service office; or

        (iii)  has his or her classification reduced to a classification that
is, for the purposes of the Public Service Act, a Senior
Executive Service classification; or

   (b)  an eligible employee, being a Senior Executive Service officer, is
transferred to an office of lower classification than the classification
of the office held, immediately before the transfer, by the eligible
employee, then, unless on the day on which the eligible employee is so
appointed or transferred or has his or her classification so reduced the
eligible employee is, by virtue of sub-regulation (4), an eligible employee to
whom this regulation applies, the eligible employee becomes on that day an
eligible employee to whom this regulation applies.

"(4) Where an eligible employee becomes an eligible employee to whom this
regulation applies, then, subject to sub-regulation (7), the eligible employee
continues to be such an eligible employee until such time as the eligible
employee ceases to be an officer having a classification that is lower than
the classification that the eligible employee had on the day immediately
preceding the relevant day in relation to the eligible employee.

"(5) Where -

   (a)  this regulation applies to an eligible employee; and

   (b)  if the eligible employee had, on any particular day (being the
relevant day in relation to the eligible employee or any day after
that relevant day), been an officer having the same classification as,
or a classification equal to, the classification of the eligible employee
on the day immediately preceding the relevant day in relation to
the eligible employee, the annual rate of the salary that would have
been payable to the eligible employee (in this sub-regulation referred
to as his or her 'notional salary') on the particular day would have
been higher than the annual rate of salary by reference to which
the fortnightly basic contribution of the eligible employee -

        (i)    where sub-paragraph (ii) does not apply - on the contribution
day last preceding the particular day; or

        (ii)   where the particular day is a contribution day - on the
particular day,
was calculated, then, the annual rate of salary of the eligible employee on
the particular day shall, for the purposes of the Act, be an amount equal to
the amount per annum of the notional salary of the eligible employee on that
day.

"(6) Sub-regulation (3) does not apply to an eligible employee who is
appointed or transferred to an office, or has his or her classification
reduced, in any of the circumstances referred to in paragraph (3) (a) or (b)
if the eligible employee -

   (a)  immediately before the day that, but for this sub-regulation, would
have been the relevant day in relation to the eligible employee, held
an office of Secretary under a fixed-term appointment or was a
Senior Executive Service officer by virtue of a fixed-term
appointment;

   (b)  is, on the day referred to in paragraph (a), given a fixed-term
appointment to an office of Secretary or as a Senior Executive
Service officer; or

   (c)  makes, on the day referred to in paragraph (a), an election under
sub-section 47 (2) of the Act in relation to the appointment, transfer
or reduction in classification occurring on that day.

"(7) An eligible employee to whom this regulation applies ceases to be such an
eligible employee if the eligible employee -

   (a)  at any time after the relevant day in relation to the eligible
        employee,
makes (whether in relation to the appointment, transfer or reduction
in classification by virtue of which the eligible employee became
such an eligible employee or in relation to any subsequent
appointment or transfer to another office) an election under
subsection
47 (2) of the Act;

   (b)  is, at any time after the relevant day in relation to the eligible
employee, given a fixed-term appointment to an office of Secretary
or as a Senior Executive Service officer; or

   (c)  having been transferred from a Senior Executive Service office to
an office (in this sub-regulation referred to as a 'prescribed office')
that is not an office of Secretary or a Senior Executive Service
office, is next transferred from that prescribed office to a prescribed
office of a lower classification than the classification of the
firstmentioned
prescribed office.".