Commonwealth Consolidated Regulations

PAPUA NEW GUINEA (STAFFING ASSISTANCE) (SUPERANNUATION) REGULATIONS 1973 - REG 4

         (1)   In these Regulations, unless the contrary intention appears:

"children" includes children adopted by a contributor or by a contributor to the Provident Account and dependent on him at the time of his death.

"continuing contributor" means a person who, by virtue of regulation 9, continues, on and after 1 July 1976, to make contributions for a pension payable under these Regulations.

"minimum number of units" , in relation to a contributor:

                (a)    means the number of units (not including reserve units or non-contributory units) provided by a contribution equal to one-tenth of the salary of the contributor; or

               (b)    if a contribution equal to one-tenth of the salary of the contributor would provide a number of units (not including reserve units or non-contributory units) and a fraction of a unit -- means that number of units and does not include that fraction of a unit.

"non-contributory unit" means a unit of pension which is applicable to a contributor by virtue of regulation 13.

"pension" :

                (a)    means a pension payable under these Regulations; and

               (b)    includes:

                          (i)    an associate pension under regulation 91; and

                         (ii)    a pension payable, before the commencement of these Regulations, under the Superannuation Ordinance, being a pension that is preserved and continued in existence by, and payable under, these Regulations.

"pensioner" means a person in receipt of a pension.

"reserve unit" means a unit of pension to which Division 5 of Part II applies.

"salary" , in relation to a continuing contributor, means the amount determined from time to time under regulation 4B as his salary for the purposes of these Regulations.

"service" means continuous service as an employee under Part II of the Act and includes continuous service that was service within the meaning of the Superannuation Ordinance.

"serving employee" means an employee who, immediately before the commencement of the Superannuation (Papua New Guinea) Ordinance 1951 , was a contributor under the Superannuation Ordinance 1917-1955 of the Territory of Papua, the Superannuation Ordinance 1928-1955 of the Territory of New Guinea or the Superannuation Ordinances 1951 .

"student child" means a child who has attained the age of sixteen years and is under the age of twenty-one years, and is receiving full-time education at a school, college or university.

"Superannuation Ordinance" means the Superannuation (Papua New Guinea) Ordinance 1951-1973 .

"the Act means the Papua New Guinea" (Staffing Assistance) Act 1973 .

"the maximum age for retirement" means:

                (a)    in the case of a male contributor who made an election under regulation 16 of these Regulations as in force at any time before 1 July 1976 (other than a contributor in relation to whom subregulation 9 (6) of these Regulations as in force on 30 June 1976 continues to apply) -- the age of fifty-five years;

               (b)    in the case of a female contributor who made an election under regulation 16 of these Regulations as in force at any time before 1 July 1976 (other than a contributor in relation to whom subregulation 9 (6) of these Regulations as in force on 30 June 1976 continues to apply) -- the age of fifty years;

                (c)    in the case of a contributor in relation to whom subregulation 9 (6) of these Regulations as in force on 30 June 1976 continues to apply -- the age at which he resigns or retires;

               (d)    in the case of any other male contributor -- the age of sixty years; and

                (e)    in the case of any other female contributor -- the age of fifty-five years.

         (2)   In these Regulations, a reference to an Ordinance is a reference to an Ordinance of Papua New Guinea as amended and in force at the relevant time.

         (3)   A reference in these Regulations to the retirement of an employee upon his attaining the maximum age for retirement includes a reference to the case of an employee whose retirement takes place on the day before he attains that age.

         (4)   For the purposes of the Act, a person who, immediately before the commencement of the Superannuation (Papua and New Guinea) Ordinance 1955 , contributed to the Superannuation Fund or to the Provident Account as if he were an employee shall be deemed, during the period for which he was so contributing, to have been an employee.

         (5)   In these Regulations, a reference to a Schedule by number shall be read as a reference to the Schedule to these Regulations so numbered.

         (6)   Unless the contrary intention appears, in the application of these Regulations on and after 1 July 1976 in relation to a continuing contributor:

                (a)    a reference to the Board shall be read as a reference to the Commissioner; and

               (b)    a reference to an employee or a contributor shall be read as a reference to a continuing contributor.