SUPERANNUATION REGULATIONS - made under the Superannuation Act 1922 - TABLE OF PROVISIONS 1. Citation see Note 1] 2. Repeal 3. Interpretation 4. Approved authorities 4A. Investment of moneys of the Fund in debentures 5. Prescribed time for the purposes of section 19 (3) 6. Manner of ascertaining salary for purposes of section 22 6A. Amount specified for the purpose of subsection 22 (1) 7. Prescribed time and condition for purposes of section 20A 8. Prescribed times for the purposes of section 25 9. Prescribed authority for purposes of section 65 10. Prescribed time for purposes of section 67 or 69 11. Public Service Superannuation Funds 12. Manner of ascertaining fortnightly salary for the purposes of section 80 13. Manner of making elections 14. Payment of pensions 15. Evidence as to pensioners 16. False information SUPERANNUATION REGULATIONS - REG 1 Citation see Note 1] These Regulations may be cited as the Superannuation Regulations. SUPERANNUATION REGULATIONS - REG 2 Repeal The Superannuation Regulations (comprising the Statutory Rules specified in the Schedule to these Regulations) are repealed. SUPERANNUATION REGULATIONS - REG 3 Interpretation In these Regulations, the Act means the Superannuation Act 1922-1959. SUPERANNUATION REGULATIONS - REG 4 Approved authorities The following Commonwealth authorities are approved authorities for the purposes of the Act: Australian Apple and Pear Board. Australian Atomic Energy Commission. Australian Canned Fruits Board. Australian Capital Territory Electricity Authority. Australian Coastal Shipping Commission. Australian Dairy Produce Board. Australian Egg Board. Australian Film Development Corporation. Australian Honey Board. Australian Institute of Aboriginal Studies. Australian Meat Board. Australian National Airlines Commission. Australian Stevedoring Industry Authority. Australian Tobacco Board. Australian Tourist Commission. Australian Wheat Board. Australian Wine Board. Australian Wool Board. Canberra College of Advanced Education. Canberra Theatre Trust. Capital Territory Health Commission. Commonwealth Bureau of Roads. Commonwealth Scientific and Industrial Research Organization. Commonwealth Serum Laboratories Commission. Dried Fruits Control Board. Export Payments Insurance Corporation. Housing Commission constituted under the Housing Ordinance 1959-1969 of the Northern Territory of Australia. Housing Loans Insurance Corporation. Museums and Art Galleries Board established by the Museums and Art Galleries Ordinance 1965-1970 of the Northern Territory of Australia. National Capital Development Commission. National Standards Commission. Northern Territory Port Authority. Northern Territory Reserves Board. Northern Territory Tourist Board. Overseas Telecommunications Commission (Australia). Snowy Mountains Engineering Corporation. Snowy Mountains Hydro-electric Authority. Trustees of the Services Canteens Trust Fund. SUPERANNUATION REGULATIONS - REG 4A Investment of moneys of the Fund in debentures (1) For the purposes of paragraph (a) of subsection (4) of section 12 of the Act, an investment of moneys of the Fund in a debenture of a kind referred to in paragraph (d) of subsection (2) of that section is permitted if, before making the investment, the Board obtains and considers advice from an expert adviser as to the suitability for the Fund, having regard to the purposes of the Fund, of the proposed investment. (2) In subregulation (1), `expert adviser', in relation to a proposed investment, means a person (including a body corporate) whom the Board, having regard to the competence and experience in financial matters of the person, chooses to give advice to the Board in relation to that proposed investment, but does not include a person who is a member, or a deputy of a member, of the Board or a member of the staff of the Board. SUPERANNUATION REGULATIONS - REG 5 Prescribed time for the purposes of section 19 (3) Where the salary of an employee or pensioner is increased in circumstances set out in subsection (3) of section 19 of the Act, an election to contribute for additional units of pension shall be made by the employee or pensioner for the purposes of that subsection within twelve months after the date on which his salary is so increased. SUPERANNUATION REGULATIONS - REG 6 Manner of ascertaining salary for purposes of section 22 (1) For the purposes of paragraph (a) of subsection (1) of section 22 of the Act, the salary of an employee who is paid salary at a rate other than an annual rate of salary shall be ascertained, for the purposes of Division 2 of Part III of the Act, by multiplying the weekly rate of salary of the employee by 52. (2) In ascertaining the salary of an employee to whom the last preceding subregulation applies: (a) subject to the next succeeding paragraph, if the employee is not receiving remuneration at the maximum rate applicable to his office or position, he shall be deemed to be receiving remuneration at that maximum rate; and (b) if the employee has not attained the age of twenty-one years and occupies an office or position in respect of which the remuneration varies according to the age of the occupant, the last preceding paragraph does not apply, but, in the case of such an employee who has not attained the age of twenty years, he shall be deemed to be receiving remuneration at the rate that would be applicable to him if he had attained the age of twenty years. SUPERANNUATION REGULATIONS - REG 6A Amount specified for the purpose of subsection 22 (1) The amount specified for the purpose of subsection 22 (1) of the Act is $15,080. SUPERANNUATION REGULATIONS - REG 7 Prescribed time and condition for purposes of section 20A (1) The time within which an employee to whom subsection (1) or subsection (2) of section 20A of the Act applies may elect to contribute for additional units of pension in accordance with subsection (3) of that section is the period of 12 months after: (a) the date upon which his salary is increased or the date as from which his salary is increased, whichever is the later date; or (b) the date upon which the prescribed amount is increased, as the case requires. (2) It is a condition upon which an employee may make an election under subsection (3) of section 20A of the Act that the employee, within the period of 6 months after the date on which he makes the election or within such further period as the Board allows, satisfies the Board that he is not suffering from any physical or mental defect (not being a defect that, in the opinion of the Board, is the result of service of the employee as a member of the Forces as defined by subsection (2) of section 147 of the Act) likely to render him incapable of performing his duties before attaining the maximum age for retirement. SUPERANNUATION REGULATIONS - REG 8 Prescribed times for the purposes of section 25 (1) The prescribed time for the purposes of subsection (1) of section 25 of the Act is the period of six months after the date upon which the increased contribution for the additional unit or units of pension becomes payable. (2) The prescribed time for the purposes of subsection (2) of section 25 of the Act is the period of six months after the date upon which the increased contribution for the additional unit or units of pension would have become payable if the contributor had not attained the age of sixty years. SUPERANNUATION REGULATIONS - REG 9 Prescribed authority for purposes of section 65 The prescribed authority for the purposes of section 65 of the Act is: (a) in the case of a person who was, at the date of his retirement, employed under the Commonwealth Public Service Act 1922 or under that Act as amended -- the Public Service Board; or (b) in the case of a person who, at the date of his retirement, was employed under any other Act -- the authority constituted by the Act under which he was so employed. SUPERANNUATION REGULATIONS - REG 10 Prescribed time for purposes of section 67 or 69 The prescribed time for the purposes of subsection (2) of section 67, or of subsection (1) of section 69, of the Act is: (a) in the case of a person who is an employee within the meaning of section 4 of the Act -- the period of 12 months after the date on which he becomes an employee; or (b) in the case of a person who is to be deemed to be an employee within the meaning of section 4 of the Act by virtue of a direction under subsection (4), (5) or (6) of that section -- the period of 12 months after the date as from which he is to be deemed to be such an employee. SUPERANNUATION REGULATIONS - REG 11 Public Service Superannuation Funds Each of the following funds or accounts is a Public Service Superannuation Fund for the purposes of the Act: (a) the Electricity Commission Provident Fund, established by the State Electricity Commission constituted by the State Electricity Commission Act 1958 of the State of Victoria; (b) the Government Railways Superannuation Account, established by the Government Railways Act, 1912-1958 of the State of New South Wales; (c) the Local Government Provident Fund, established by the Local Government and Other Authorities (Superannuation) Act, 1927-1959 of the State of New South Wales; (d) the Melbourne and Metropolitan Board of Works Superannuation Scheme, established under the Melbourne and Metropolitan Board of Works Act 1958 of the State of Victoria; (e) the Melbourne Harbour Trust Superannuation Account, established under the Melbourne Harbour Trust Act 1958 of the State of Victoria; (f) the Papua and New Guinea Superannuation Fund, established by the Superannuation (Papua and New Guinea) Ordinance 1951-1960 of the Territory of Papua and New Guinea; (g) the Superannuation Fund established by the Superannuation Ordinance 1928-1955 of the Territory of New Guinea; (h) the superannuation fund of the Commonwealth Banking Corporation, established by the Commonwealth Banks Act 1959; (i) the superannuation fund of the Reserve Bank of Australia, established by the Reserve Bank Act 1959; and (j) the Pilots' Contribution Account maintained by the Australian National Airlines Commission, established under the Australian National Airlines Act 1945-1959. SUPERANNUATION REGULATIONS - REG 12 Manner of ascertaining fortnightly salary for the purposes of section 80 For the purposes of section 80 of the Act, the fortnightly salary of a contributor to the Provident Account shall be ascertained: (a) in the case of a contributor whose salary is paid at an annual rate -- by dividing that annual rate by twenty-six; or (b) in the case of a contributor who is paid salary at a weekly rate -- by multiplying that rate by two. SUPERANNUATION REGULATIONS - REG 13 Manner of making elections An application, election or choice under the Act shall be made by instrument in writing addressed to the Board. SUPERANNUATION REGULATIONS - REG 14 Payment of pensions (1) Pensions and other payments under the Act shall be authorized for payment in accordance with the provisions of the Treasury Regulations. (2) Pensions are payable on the Thursday of each fortnight that alternates with the Thursday on which salaries are paid to officers of the Public Service of the Commonwealth. SUPERANNUATION REGULATIONS - REG 15 Evidence as to pensioners The Board may require: (a) a person to whom, or in respect of whom, a pension is payable to submit evidence to the satisfaction of the Board that he is alive; (b) a person to whom a pension is payable as the widow of a contributor or pensioner to submit evidence to the satisfaction of the Board that she has not re-married; and (c) a person to whom a pension is payable in respect of a child to submit evidence to the satisfaction of the Board that the child is alive, is in his care and is maintained by him. SUPERANNUATION REGULATIONS - REG 16 False information A person shall not make a false or misleading statement in any information given for the purposes of, or in connexion with a matter arising under, the Act or these Regulations. Penalty: Twenty dollars. SUPERANNUATION REGULATIONSThe Schedule (regulation 2) Statutory Rules 1952, No. 20 Statutory Rules 1953, No. 52 Statutory Rules 1954, No. 87 Statutory Rules 1954, No. 125 Statutory Rules 1955, No. 60 Statutory Rules 1956, No. 95 Statutory Rules 1957, No. 34 Statutory Rules 1957, No. 65 Statutory Rules 1958, No. 39 Statutory Rules 1958, No. 47 Statutory Rules 1960, No. 31. SUPERANNUATION REGULATIONS - NOTES Compilation Information [GRAPHIC]Superannuation Regulations Statutory Rules 1960 No. 68 as amended This compilation was prepared on 8 June 2004taking into account amendments up to SR 1976 No. 133 Prepared by the Office of Legislative Drafting,Attorney-General's Department, Canberra SUPERANNUATION REGULATIONS - NOTES SUPERANNUATION REGULATIONSNotes to the Superannuation Regulations Note 1 The Superannuation Regulations (in force under the Superannuation Act 1922) as shown in this compilation comprise Statutory Rules 1960 No. 68 amended as indicated in the Tables below. Table of Statutory Rules Year and number Date of notification in Gazette Date ofcommencement Application, saving ortransitional provisions 1960 No. 68 30 Aug 1960 30 Aug 1960 1962 No. 14 22 Feb 1962 22 Feb 1962 -- 1963 No. 51 20 June 1963 20 June 1963 -- 1963 No. 118 1 Nov 1963 1 Nov 1963 -- 1964 No. 73 25 June 1964 25 June 1964 -- 1965 No. 5 18 Jan 1965 18 Jan 1965 -- 1965 No. 156 4 Nov 1965 4 Nov 1965 -- 1965 No. 182 10 Dec 1965 10 Dec 1965 -- 1966 No. 38 10 Feb 1966 14 Feb 1966 -- 1966 No. 67 11 Mar 1966 11 Mar 1966 -- 1966 No. 96 23 June 1966 23 June 1966 -- 1966 No. 113 21 July 1966 21 July 1966 -- 1967 No. 15 16 Feb 1967 16 Feb 1967 -- 1967 No. 23 9 Mar 1967 9 Mar 1967 -- 1967 No. 83 29 June 1967 29 June 1967 -- 1967 No. 147 16 Nov 1967 16 Nov 1967 -- 1968 No. 48 4 Apr 1968 4 Apr 1968 -- 1968 No. 71 27 June 1968 27 June 1968 -- 1968 No. 135 7 Nov 1968 7 Nov 1968 -- 1969 No. 105 30 July 1969 30 July 1969 -- 1969 No. 204 18 Dec 1969 18 Dec 1969 -- 1970 No. 4 23 Jan 1970 23 Jan 1970 -- 1970 No. 112 27 Aug 1970 27 Aug 1970 -- 1970 No. 173 5 Nov 1970 5 Nov 1970 -- 1970 No. 211 30 Dec 1970 30 Dec 1970 -- 1971 No. 5 14 Jan 1971 14 Jan 1971 -- 1971 No. 115 26 Aug 1971 26 Aug 1971 -- 1972 No. 73 22 May 1972 22 May 1972 -- 1972 No. 120 27 July 1972 27 July 1972 -- 1973 No. 78 12 Apr 1973 12 Apr 1973 -- 1973 No. 101 31 May 1973 31 May 1973 -- 1973 No. 180 20 Sept 1973 20 Sept 1973 -- 1974 No. 111 27 June 1974 27 June 1974 -- 1974 No. 150 22 Aug 1974 22 Aug 1974 -- 1974 No. 266 23 Dec 1974 23 Dec 1974 -- 1975 No. 8 23 Jan 1975 23 Jan 1975 -- 1975 No. 79 15 May 1975 15 May 1975 -- 1975 No. 187 23 Sept 1975 23 Sept 1975 -- 1975 No. 198 30 Oct 1975 30 Oct 1975 -- 1976 No. 85 24 Mar 1976 24 Mar 1976 -- 1976 No. 133 24 June 1976 24 June 1976 -- Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected R. 4 am. 1962 No. 14; 1963 Nos. 51 and 118; 1965 No. 5; 1966 No. 67; 1967 Nos. 23, 83 and 147; 1968 Nos. 48 and 71; 1969 No. 204; 1970 Nos. 112 and 173; 1971 No. 115; 1974 No. 266; 1975 No. 187 R. 4A ad. 1973 No. 78 R. 5 rs. 1965 No. 156 R. 6 am. 1965 No. 182 R. 6A ad. 1964 No. 73 rs. 1965 No. 156 rep. 1965 No. 182 ad. 1966 No. 96 rs. 1966 No. 113; 1967 No. 15; 1968 No. 135; 1969 No. 105; 1970 Nos. 4 and 211; 1971 No. 5; 1972 Nos. 73 and 120; 1973 Nos. 101 and 180; 1974 Nos. 111 and 150; 1975 Nos. 8, 79 and 198; 1976 Nos. 85 and 133 R. 7 rs. 1965 No. 182 R. 10 rs. 1965 No. 182 R. 16 am. 1966 No. 38