Commonwealth Numbered Regulations - Explanatory Statements

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

SUPERANNUATION (SALARY) REGULATIONS (AMENDMENT) 1991 NO. 312

STATUTORY RULES 1991 No. 312

ISSUED BY AUTHORITY OF THE MINISTER FOR FINANCE

SUPERANNUATION ACT 1976

SUPERANNUATION (SALARY) REGULATIONS (AMENDMENT)

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

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

Section 5 of the Act provides that the regulations may make provision in relation to amounts to be treated as salary for the purposes of the Act. Regulations for the purposes of section 5 are contained in the Superannuation (Salary) Regulations.

Part IV of the Superannuation (Salary) Regulations (regulations 12 to 17) contains provisions in relation to the salary for the purposes of the Act of members of the scheme who are on leave without pay.

Section 51 of the Act provides that, unless the Minister directs otherwise, a member granted leave of absence without pay for a period exceeding 12 weeks is not permitted to contribute during the period of the leave.

Subregulation 13(1) of the Superannuation (Salary) Regulations provides that, where prescribed circumstances do not apply in respect of a member and that member is on leave without pay in relation to which the Minister has directed that section 51 of the Act does not apply, the member's annual rate of salary during the period of that leave is to be the annual rate of the member's notional salary. Regulation 12 defines notional salary to mean the salary that would have been applicable if the member had not been on leave without pay.

Subregulation 13(2) specifies a number of prescribed circumstances under which a salary rate higher than the notional salary is recognised for the purposes of the Act.

It is intended that similar arrangements apply in relation to members who are granted leave of absence without pay from the Australian Telecommunications Corporation (the Corporation) for the purpose of undertaking employment with Telecom Australia (International) Limited (the Company), a wholly-owned subsidiary of the Corporation, and who are employed by the Company at an annual rate of salary higher than that applicable to their employment with the Corporation.

The Regulations amend subregulation 13(2) of the Superannuation (Salary) Regulations to provide for such arrangements.

The amending Regulations will come into operation from the date of gazettal.