SUPERANNUATION ACT 1976

Table of Provisions

• 1 Short title.  
• 2 Commencement.  
• 3 Interpretation.  
• 4 Application of Act.  
• 5 Annual rate of salary.  
• 6 References to anniversary of birth, &c.  
• 7 Retirement on ground of invalidity.  
• 8 Contributory serviceadditional periods.  
• 9 Children of deceased retirement pensioners.  
• 10 Members of Defence Force.  
• 11 Temporary employees likely to be continued in employment.  
• 12 Temporary employees of approved authorities likely to be employed on a permanent basis.  
• 13 Temporary employees employed under contract.  
• 14 Statutory office holders.  
• 15 Invalidity pensioners returning to employment otherwise than as permanent employees.  
• 16 Medical examinations and benefit classification certificates.  
• 17 Commissioner for Superannuation.  
• 18 Appointment and term of office.  
• 19 Commissioner not to engage in other work.  
• 20 Remuneration and allowances.  
• 21 Leave of absence.  
• 22 Resignation.  
• 23 Termination of appointment.  
• 24 Acting appointments.  
• 25 Delegation.  
• 26 Officers' Rights Declaration Act.  
• 27 Commissioner to keep records with respect to contributions, &c.  
• 28 Establishment of Trust  
• 29 Trust to be a body corporate.  
• 30 Membership of Trust.  
• 31 Chairman not to engage in other work.  
• 32 Remuneration and allowances.  
• 33 Leave of absence.  
• 34 Resignation.  
• 35 Termination of appointment.  
• 36 Acting appointments.  
• 37 Meetings of the Trust.  
• 38 Delegation.  
• 39 Officers' Rights Declaration Act.  
• 40 Establishment of Fund.  
• 41 Fund to be managed by Trust.  
• 42 Investment of Fund.  
• 43 Borrowing.  
• 44 Trust to keep accounts and records in respect of Fund.  
• 45 Basic contributions.  
• 46 Amount of basic contribution.  
• 47 Decreases in salary.  
• 48 Election to pay supplementary contributions.  
• 49 Amount of supplementary contribution.  
• 50 Revocation or variation of elections to pay supplementary contributions.  
• 51 Leave of absence without pay.  
• 52 Payment of contributions where eligible employee on leave of absence without pay or at less than full pay.  
• 53 Payment of contributions.  
• 54 Deferment of contributions of contributors under Defence Force Retirement and Death Benefits Act.  
• 55 Entitlement to age retirement benefit.  
• 56 Rate of standard age retirement pension.  
• 57 Rate of additional age retirement pension and amount of lump sum benefit.  
• 58 Early retirement voluntary or involuntary retirement before attaining 60 years of age.  
• 59 Entitlement to early retirement benefit.  
• 60 Rate of standard early retirement pension.  
• 61 Rate of additional early retirement pension and amount of lump sum benefit.  
• 62 Election for lump sum benefit in case of involuntary retirement.  
• 63 Pensions to which Division applies.  
• 64 Election to commute.  
• 65 Lump sum benefit payable on commutation.  
• 66 Entitlement to invalidity benefit.  
• 67 Invalidity benefit where pension not reduced on medical grounds and election not made under section 68 or 69.  
• 68 Election where benefit not reduced on medical grounds.  
• 69 Election where benefit not reduced on medical grounds and period of prospective service less than 8 years.  
• 70 Invalidity benefit where benefit reduced on medical grounds, period of contributory service not less than 8 years and election not made under section 71 or 72.  
• 71 Election where benefit reduced on medical grounds and period of contributory service not less than 8 years.  
• 72 Election where benefit reduced on medical grounds and period of contributory service less than 15, but not less than 8, years.  
• 73 Invalidity benefit where benefit reduced on medical grounds and period of contributory service less than 8 years.  
• 74 Power of Commissioner to require invalidity pensioners to be medically examined, &c.  
• 75 Invalidity pensioner restored to health to be found employment.  
• 76 Cancellation of invalidity pension where invalidity pensioner again becomes eligible employee, &c.  
• 77 Partial invalidity pension payable in certain circumstances where invalidity pensioner again becomes eligible employee.  
• 78 Partial invalidity pension where eligible employee's salary decreases for health reasons.  
• 79 Benefit not payable under Division in certain circumstances.  
• 80 Payment of accumulated contributions where no other benefit payable under Part.  
• 81 Entitlement to spouse's benefit under Division.  
• 82 Spouse's benefit where benefit not reduced on medical grounds and election not made under section 83 or 84.  
• 83 Election where pension not reduced on medical grounds.  
• 84 Election where benefit not reduced on medical grounds and period of prospective service less than 8 years.  
• 85 Spouse's benefit where benefit reduced on medical grounds, period of contributory service not less than 8 years and election not made under section 86 or 87.  
• 86 Election where benefit reduced on medical grounds and period of contributory service not less than 8 years.  
• 87 Election where pension reduced on medical grounds and period of contributory service less than 15, but not less than 8, years.  
• 88 Spouse's benefit where pension reduced on medical grounds and period of contributory service less than 8 years.  
• 89 Division 2-Spouse's Benefit on Death of Eligible Employee after Attaining Maximum Retiring Age  
• 90 Rate of spouse's standard pension.  
• 91 Rate of spouse's additional pension and amount of lump sum benefit.  
• 92 Election to commute spouse's additional pension entitlement.  
• 93 Entitlement to spouse's benefit on death of pensioner.  
• 94 Rate of spouse's standard pension on death of age or early retirement pensioner.  
• 95 Rate of spouse's additional pension on death of age or early retirement pensioner.  
• 96 Rate of spouse's pension on death of invalidity pensioner.  
• 97 Orphan-benefit death of eligible employee after attaining maximum retiring age.  
• 98 Orphan-benefit death of eligible employee before attaining maximum retiring age where benefit not reduced on medical grounds and direction not given under section 99.  
• 99 Orphan-benefit death of eligible employee before attaining maximum retiring age where benefit not reduced on medical grounds, period of prospective service less than 8 years and direction given under this section.  
• 100 Orphan-benefit death of eligible employee before attaining maximum retiring age where benefit reduced on medical grounds and period of contributory service not less than 8 years.  
• 101 Orphan-benefit death of eligible employee before attaining maximum retiring age where benefit reduced on medical grounds and period of contributory service less than 8 years.  
• 102 Orphan benefit-death of spouse of deceased eligible employee who died after attaining maximum retiring age.  
• 103 Orphan benefit-death of spouse of deceased eligible employee who died before attaining maximum retiring age and where benefit not reduced on medical grounds.  
• 104 Orphan benefit-death of spouse of deceased eligible employee who died before attaining maximum retiring age where benefit reduced on medical grounds and period of contributory service not less than 8 years.  
• 105 Orphan benefit-death of age or early retirement pensioner.  
• 106 Orphan benefit-death of invalidity pensioner.  
• 107 Orphan benefit-death of spouse of deceased age retirement or early retirement pensioner.  
• 108 Orphan benefit-death or spouse of deceased invalidity pensioner.  
• 109 Percentages applicable for purpose of certain provisions.  
• 110 Apportionment of spouse's benefit amongst surviving spouses.  
• 111 Payment of accumulated contributions to personal representatives of deceased eligible employee where no other benefit payable, &c.  
• 112 Payments into and out of Consolidated Revenue Fund.  
• 113 Instalments of pensions.  
• 114 Payment of part of spouse's pension attributable to children.  
• 115 Payment of orphan benefit.  
• 116 Payment of benefit otherwise than to person entitled.  
• 117 Pension to or in respect of certain contributors under Defence Force Retirement and Death Benefits Act.  
• 118 Assignment of benefits.  
• 119 Attachment of benefits.  
• 120 Persons to whom Part applies.  
• 121 Death of person to whom Part applies before declaration of result of election, &c.  
• 122 Physical or mental incapacity of person to whom Part applies before declaration of result of election, &c.  
• 123 Re-employment of person to whom Part applies.  
• 124 Effect of section 121, 122 or 123 in relation to a person to whom Part applies.  
• 125 Interpretation.  
• 126 Modification of Act in relation to eligible employees who were previously members of a superannuation scheme.  
• 127 Transfer value payable in respect of previous employment.  
• 128 Payment of transfer values to Commissioner.  
• 129 Certain lump sums not included in transfer value may be treated as supplementary contributions.  
• 130 Exemption of certain eligible employees from medical examination.  
• 131 Interpretation.  
• 132 Eligible employment.  
• 133 Public employment.  
• 134 Eligible superannuation schemes.  
• 135 Transfer value.  
• 136 Deferred benefits.  
• 137 Election that Division may apply.  
• 138 Circumstances in which transfer value payable.  
• 139 Circumstances in which person entitled to deferred benefits.  
• 140 Person who is entitled to rights under Division not entitled to rights under other provisions of Act.  
• 141 Certain former eligible employees not entitled to benefits under Division.  
• 142 Eligible employee who resigned to contest an election.  
• 143 Invalid pensioner restored to health.  
• 144 Person entitled to deferred benefits again becoming an eligible employee, &c.  
• 145 Special provisions affecting certain former contributors under certain superannuation schemes.  
• 146 Payments into and out of Consolidated Revenue Fund.  
• 147 Interpretation.  
• 148 Increases in pensions.  
• 149 Increase payable in respect of part only of certain pensions.  
• 150 Adjustment of increases in cases of certain pensions.  
• 151 Application of Part to pensions payable to or in respect of certain overseas employees.  
• 152 Death or invalidity retirement of eligible employee before 21st anniversary of birth.  
• 153 Date of effect of increases.  
• 154 Review of decisions of Commissioner.  
• 155 Modification of Act in relation to part-time employees.  
• 156 Recovery of unpaid contributions, &c.  
• 157 Extension of periods of elections, &c.  
• 158 Interim payment of benefits.  
• 159 Payments to the Commonwealth by approved authorities in respect of eligible employees.  
• 160 Cost of administration of, and of medical examinations under, Act.  
• 161 Annual report of Trust.  
• 162 Annual report of Commissioner.  
• 163 Treasurer may request Commissioner or Trust to furnish information.  
• 164 Directions, &c., to be in writing.  
• 165 Delegation.  
• 166 Eligible employees paid in foreign currency.  
• 167 Persons not to make false statements to Commissioner, &c.  
• 168 Regulations.  
• 169 Definitions.  
• 170 Interpretation.  
• 171 Transfer of certain assets and liabilities.  
• 172 Instruments.  
• 173 Certificates.  
• 174 Pending proceedings.  
• 175 Allocation of existing Fund between pensioners and contributors.  
• 176 Allocation among eligible pensioners.  
• 177 Allocation among existing contributors.  
• 178 Payment from new Fund to the Commonwealth.  
• 179 Determinations, &c., to be in writing.  
• 180 Existing invalidity pensioners.  
• 181 Definitions.  
• 182 First day of service.  
• 183 Modification of Act in relation to existing contributors.  
• 184 Medical examinations and benefit classification certificates.  
• 185 Existing contributors contributing in excess of 5% of salary.  
• 186 Existing contributors under 40 years of age contributing less than 5% of salary.  
• 187 Persons who exchanged pension rights for equivalent rights under superseded Act.  
• 188 Persons who exchanged rights to refunds or gratuities under other law for equivalent rights under superseded Act.  
• 189 Dealings by Trust with policies to which section 74 of superseded Act applies.  
• 190 Unpaid contributions under superseded Act.  
• 191 Assignment of life policies to Commissioner.  
• 192 Persons with whom arrangements made under section 7 of the superseded Act.  
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