Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

MILITARY SUPERANNUATION AND BENEFITS (ELIGIBLE MEMBER) DECLARATION 2002 2002 NO. 175

STATUTORY RULES 2002 No. 175

Issued by the Authority of the Minister for Veterans' Affairs and Minister assisting the Minister for Defence

Military Superannuation and Benefits Act 1991

Military Superannuation and Benefits (Eligible Member) Declaration 2002

The Military Superannuation and Benefits Act 1991 ("the Act") makes provision in Part 8 for the payment of a retention benefit to certain members of the Military Superannuation and Benefits Scheme ("the Scheme") who have completed 15 years of continuous eligible service. The purpose of the benefit is to induce members to serve for another five years to their 20-year point. An "eligible member" is defined in section 30 of the Act to include: an officer who holds the rank not lower than Major or equivalent (or who was previously an enlisted member); an enlisted member who holds the rank of Sergeant or equivalent; or a member declared by the Minister to be an eligible member.

Members who do not satisfy the minimum rank requirement and are in employment categories where the normal opportunities for promotion do not exist, are declared by the Minister to be eligible members for the purposes of the Act. These categories, referred to as "specified categories", are listed in Ministerial Declarations.

The purpose of this Declaration is to discontinue four existing specified categories across the three Services. Members in these categories are now capable of being promoted to the specified ranks by the time they have completed 15 years of continuous service.

This Declaration declares eighteen new employment categories to be Specified Categories. Members of these employment categories who hold the appropriate rank will be eligible members for the purpose of applying for the Benefit.

In addition, this Declaration declares as eligible members, three Army and twenty Air Force members of the Scheme who have not reached the required rank but satisfy the eligibility criteria applicable under a special grouping titled the "Inter Employment Category". This category covers individual Defence Force members who have not reached the required rank for eligibility, but have been transferred out of their regular employment group as a result of Defence Force restructuring and would have been promoted to the required rank for retention benefit eligibility had they not been transferred.

This Declaration also consolidates all specified categories and references as they exist in the current Military Superannuation and Benefits (Eligible Member) Declaration. The existing Declaration will be revoked and, with the exception of the discontinued categories, all existing specified categories and references to eligible members are re-declared so that those members can retain their eligibility.