Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (PERIOD OF CONTRIBUTORY SERVICE) REGULATIONS (AMENDMENT) 1991 NO. 172

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 172

ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE

SUPERANNUATION ACT 1976

SUPERANNUATION (PERIOD OF CONTRIBUTORY SERVICE) REGULATIONS (AMENDMENT)

The Superannuation Act 1976 (the 1976 Act) makes provision for and in relation to an occupational superannuation scheme for Commonwealth employees and for certain other persons.

Section 168 of the 1976 Act provides that the Governor-General may make regulations for the purposes of that Act.

The superannuation scheme provided under the 1976 Act has operated since 1 July 1976. It replaced the scheme provided under the Superannuation Act 1922 (the 1922 Act). Persons who were contributors to the 1922 Act scheme on 30 June 1976 were transferred to the 1976 Act scheme on 1 July 1976.

Section 183 of the 1976 Act provides that the regulations may modify the 1976 Act in its application to the transferred contributors. Subsection 168(9) of the 1976 Act provides that regulations made within a period of 12 months after 1 July 1990 by virtue of section 183 may be expressed to have taken effect from and including a day not earlier than 1 July 1990.

Subsection 3(1) of the 1976 Act defines the term "period of contributory service" in relation to a person who has ceased to be a member of the 1976 Act scheme. The definition includes only periods of service from 1 July 1976 onwards.

The Superannuation (Period of Contributory Service) Regulations (the Regulations), made by virtue of section 183, modified subsection 3(1) of the 1976 Act by substituting a new definition of "period of contributory service" to apply to members of the 1922 Act scheme who transferred to the 1976 Act scheme on 1 July 1976. The substituted definition includes periods of contributory service prior to 1 July 1976. Like the definition in the 1976 Act, the substituted definition excludes periods of leave without pay to which subsection 51(1) of the 1976 Act applies and periods of unpaid maternity leave to which subsection 51A(1) applies.

ATTACHMENT

SUPERANNUATION (PERIOD OF CONTRIBUTORY SERVICE) REGULATIONS (AMENDMENT)

REGULATION 1

This provides for the Superannuation (Period of Contributory Service) Regulations (Amendment) (the Amending Regulations) to operate with effect from and including 1 July 1990.

REGULATION 2

This provides that the Superannuation (Period of Contributory Service) Regulations (the Principal Regulations) are amended as set out in the Amending Regulations.

REGULATION 3 AND SUBREGULATION 4.1

These amend regulation 4 of the Principal Regulations and the heading to the Schedule to the Principal Regulations as suggested by the Attorney-General's Department to reflect modern drafting standards. The amendments involve matters of style rather than substance.

SUBREGULATIONS 4.2 AND 4.3

These amend the definition of "period of contributory service" substituted by the Schedule to the Principal Regulations so that the periods excluded from the scope of the term will be the same as those excluded from the definition in the 1976 Act following the changes made by the Amending Act.

SUBREGULATIONS 4.4 TO 4.8

These amend sections 193,194 and 195 as inserted in the 1976 Act by the Schedule to the Principal Regulations as suggested by the Attorney-General's Department to reflect modern drafting standards. The amendments involve matters of style rather than substance.

SUBREGULATION 4.9

This corrects a reference in paragraph 195(1)(a) as inserted in the 1976 Act by the Schedule to the Principal Regulations.

Section 40 of the Superannuation Legislation Amendment Act 1990 (the Amending Act) substituted a new section 51A in the 1976 Act to apply to parental leave as well as maternity leave and changed the arrangements under the Act in relation to such leave. As a consequence of these changes, paragraph 8(1)(j) of the Amending Act amended the definition of "period of contributory service" in subsection 3(1) of the 1976 Act so that the exclusions from the ambit of the term would be

       periods of leave without pay to which subsection 51(1) applies:

       periods of unpaid maternity leave to which subsection 51A(1) as in force before 1 July 1990 applies; and

       periods of maternity and parental leave that are to be taken as non-contributory periods of service in accordance with subsection 51A(5) as in force on and after 1 July 1990.

The amendments made by section 40 and paragraph 8(1)(j) of the Amending Act operate with effect from and including 1 July 1990.

The amending Regulations amend the Principal Regulations as a consequence of the amendments to the 1976 Act and in relation to certain other matters. The amendments contained in the amending Regulations are explained in the Attachment.

In accordance with subsection 168(9) of the Act, the amending Regulations will operate with effect from and including 1 July 1990, the date of commencement of the amendments to the Act.


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