Commonwealth Numbered Regulations - Explanatory Statements

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SUPERANNUATION (CSS) SALARY REGULATIONS (AMENDMENT) 1996 NO. 8

STATUTORY RULES 1996 No. 8

Issued by the Authority of the Minister for Finance

Superannuation Act 1976

Superannuation (CSS) Salary Regulations (Amendment)

The Superannuation Act 1976 (the Act) makes provision for and in relation to an occupational superannuation scheme, the Commonwealth Superannuation Scheme (the CSS), for certain Commonwealth employees and 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, among other things, that the regulations may prescribe an annual rate of salary for the purposes of the Act for certain eligible employees. Regulations for the purposes of section 5 are contained in the Superannuation (CSS) Salary Regulations (the Principal Regulations).

Some CSS members are employed under employment agreements known as flexible remuneration packages which enable them to receive part of their remuneration as non-cash benefits.

Division 1 of Part 2E of the Principal Regulations (regulations 8P to 8QA inclusive) provides for the annual rate of salary of certain eligible employees who are employed on flexible remuneration packages. The annual rate of salary is described in Schedule 1 of the Principal Regulations as a prescribed percentage of the total value of the respective packages. Part 3 of Schedule 1 prescribes the percentage rate for persons holding certain offices.

The CSIRO was established by the Science and Industry Research Act 1949. That Act also provides for the appointment of a Chief Executive whose remuneration is determined by the Remuneration Tribunal. Under section 32 of that Act the Chief Executive has the power to appoint persons to be officers of the organisation and to determine the terms and conditions of their employment.

The regulations amend the Principal Regulations by adding two new items to Part 3 which provide that in respect of..

*       persons holding the office of Chief Executive established by the Science and Industry Research Act 1949; and

*       persons holding the office known as Corporate Executive established under the Science and Industry Research Act 1949;

the annual rate of salary for superannuation purposes is set at 74 per cent of the total employment package.

The Regulations commenced on the date of gazettal.