Commonwealth Consolidated Regulations

SUPERANNUATION (INTEREST) REGULATIONS - REG 4

In these Regulations, unless the contrary intention appears:

(a)

where the prescribed amount, being a prescribed amount referred to in paragraph (a), (b), (c) or (e) of the definition of prescribed amount , is deducted from the salary of the person referred to in whichever of those paragraphs is applicable:

(i)

if the day on which the amount was so deducted was a contribution day — that day; or

(ii)

if that day was not a contribution day — the contribution day next following that day;

(b)

where the prescribed amount, being a prescribed amount referred to in paragraph (a), (b), (c) or (e) of the definition of prescribed amount , is not deducted from the salary of the person referred to in whichever of those paragraphs is applicable:

(i)

if the day on which the amount was paid to the Commissioner was a contribution day — that day; or

(ii)

if that day was not a contribution day — the contribution day next following that day;

(c)

where the prescribed amount is a prescribed amount referred to in paragraph (d) of the definition of prescribed amount  — the commencing day;

(d)

where the prescribed amount is a prescribed amount referred to in paragraph (g) or (h) of the definition of prescribed amount  — the day next following the day that was the last day of service of the person referred to in whichever of those paragraphs is applicable upon that person ceasing to be an eligible employee as referred to in paragraph 7A (2) (a) of the Act;

(e)

where the prescribed amount is a prescribed amount referred to in paragraph (f), (j), (k) or (n) of the definition of prescribed amount :

(i)

if the day on which the prescribed amount was paid to the Fund was a contribution day — that day; or

(ii)

if that day was not a contribution day — the contribution day next following that day; and

(f)

where the prescribed amount is a prescribed amount referred to in paragraph (m) of the definition of prescribed amount :

(i)

if the day on which the amount was paid to the Commissioner was a contribution day — that day; or

(ii)

if that day was not a contribution day — the contribution day next following that day.

(a)

a basic or supplementary contribution paid by the person to the Commissioner on or after his first day of service;

(b)

an amount deemed by virtue of paragraph 128 (2) (a) of the Act to be basic contributions paid by the person to the Commissioner under the Act on or after his first day of service;

(c)

an amount deemed by virtue of subsection 129 (2) of the Act to be an amount of supplementary contributions paid by the person to the Commissioner under the Act on or after his first day of service;

(d)

an amount deemed by virtue of subsection 177 (9), (10) or (11) of the Act to be an amount of basic contributions or supplementary contributions, as the case may be, paid by the person under the Act on the commencing day;

(e)

an additional contribution paid by the person to the Commissioner on or after his first day of service under subsection 186 (9) of the Act;

(f)

an amount paid to the Fund under subsection 112 (5) of the Act in respect of the person, being a person referred to in subsection 7A (1) of the Act, upon the person again becoming an eligible employee as referred to in paragraph 7A (1) (b) of the Act;

(g)

an amount that was the person's accumulated basic contributions upon the person, being a person referred to in subsection 7A (2) of the Act, ceasing to be an eligible employee as referred to in paragraph 7A (2) (a) of the Act;

(h)

an amount that was the person's accumulated supplementary contributions upon the person, being a person referred to in subsection 7A (2) of the Act, ceasing to be an eligible employee as referred to in paragraph 7A (2) (a) of the Act;

(j)

an amount paid to the Fund under subsection 112 (9) of the Act in respect of the person, being a person referred to in subsection 7A (3) of the Act, upon his entitlement to deferred benefits being cancelled under subsection 76 (1) of the Act as referred to in subsection 7A (3) of the Act;

(k)

an amount paid, or last paid, to the Fund under subsection 112 (9) of the Act in respect of the person, being a person referred to in subsection 7A (4) of the Act, upon his entitlement to deferred benefits being cancelled under subsection 143 (2) of the Act as referred to in subsection 7A (4) of the Act;

(m)

an amount paid to the Commissioner by an eligible employee to whom section 14A applies, being an amount so paid under section 124C of the Act as modified in its application to that employee by regulation 5 of the Superannuation (Continuing Contributions for Benefits) Regulations; and

(n)

an amount deemed to be paid to the Fund under subsection 112 (5) of the Act in respect of the person, being a person to whom subsection 7A (1) of the Act as modified by the Superannuation (Existing Invalidity Pensioners) Regulations applies, upon the person becoming an eligible employee.

(a)

subject to paragraphs (b) and (c), where no benefit other than lump sum benefit is payable to or in respect of that person:

(i)

his last day of service; or

(ii)

the day 14 days after the day on which the Commissioner has determined the amount of accumulated contributions in respect of that person;

whichever is later;

(b)

where, after so ceasing to be an eligible employee, deferred benefits become payable to or in respect of that person under Division 3 of Part IX of the Act:

(i)

the pension pay day next following the day on which the deferred benefits become payable or, if deferred benefits become payable on more than one occasion after his last day of service, first become payable; or

(ii)

the second pension pay day after the day on which the Commissioner has determined the amount of any accumulated contributions constituting or forming part of the deferred benefits payable or, if deferred benefits become payable on more than one occasion after his last day of service, first payable, to or in respect of that person;

whichever is later;

(c)

where, upon the person ceasing to be an eligible employee, deferred benefits become applicable in relation to the person by virtue of Division 3 of Part IX of the Act but the deferred benefits do not become payable to the person:

(i)

except where subparagraph (ii) applies — his last day of service; or

(ii)

where the deferred benefits cease to be applicable in relation to the person by virtue of paragraph 139 (6) (b) of the Act — the day 14 days after the day on which the Commissioner has determined the amount of accumulated contributions in respect of the person; and

(d)

in any other case:

(i)

the pension pay day next following that person's last day of service; or

(ii)

the second pension pay day after the day on which the Commissioner has determined the amount of accumulated contributions in respect of that person;

whichever is later.