Commonwealth Numbered Acts

SUPERANNUATION LEGISLATION AMENDMENT ACT 1990 No. 40, 1990 - SECT 99

99. After section 3A of the Principal Act the following sections are inserted:
Rates of salary

"3B. (1) For the purposes of this Act, the rate of salary of a remainder
employee for a pay period of the employee is taken to be:

   (a)  where the employee worked on a full-time basis for the whole of his or
        her first pay period after whichever is the later of the commencement
        of his or her employment by his or her current designated employer or
        the last anniversary of the employee's birth - the employee's rate of
        salary for that first pay period; or

   (b)  in any other case - what would have been the employee's rate of salary
        for that first pay period if he or she had worked on a full-time basis
        for the whole of it at the same hourly or other rate as that at which
        he or she was paid.

"(2) Where a remainder employee is re-employed by a designated employer:

   (a)  later than 12 months after the employee last ceased to be employed by
        the employer; or

   (b)  for the performance of duties that are not the same as, nor similar
        to, the duties he or she performed when last employed by the employer;
        then, for the purposes of subsection (1) in relation to a pay period
        after the re-employment, the employee is taken to have commenced
        employment with the employer when he or she commenced re-employment.
        Continuing contributions

"3C. (1) Subject to this section, where a fund employee is employed on a
full-time basis, the continuing contribution in respect of the employee for a
pay period of the employee is:

   (a)  where the period is a week - the amount ascertained in accordance with
        the Table in the Schedule; or

   (b)  where the period is a fortnight - the amount ascertained in accordance
        with that Table as if the sums of money specified in it were
        multiplied by 2; or

   (c)  where the period is half a month - the amount ascertained in
        accordance with that Table as if those sums were multiplied by 2 1/6 ;
        or

   (d)  where the period is 4 weeks - the amount ascertained in accordance
        with that Table as if those sums were multiplied by 4; or

   (e)  where the period is a month - the amount ascertained in accordance
        with that Table as if those sums were multiplied by 4 1/3.

"(2) Subject to this section, where a fund employee is employed on a part-time
basis, the continuing contribution in respect of the employee for a pay period
of the employee is the amount calculated using whichever of the following
formulas the employee's designated employer considers to be convenient:
Actual salary
Full-time salary x Full-time continuing contribution
Part-time hours
Full-time hours x Full-time continuing contribution where: 'Actual salary'
means the salary payable to the employee for the pay period; 'Full-time
salary' means the salary that would have been payable to the employee for the
period if he or she performed his or her duties on a full-time basis;
'Full-time continuing contribution' means the amount that would be the
continuing contribution in respect of the employee for the pay period if he or
she performed his or her duties on a full-time basis; 'Part-time hours' means
the number of hours in the pay period for which the employee is paid;
'Full-time hours' means the number of hours that the employee would work in
the pay period if he or she performed his or her duties on a full-time basis.

"(3) Where the Minister makes a declaration under section 3d in relation to a
period, the Table set out in the Schedule has effect in relation to that
period as if it had been varied in accordance with the declaration.

"(4) Where an amount that, but for this subsection, would be a continuing
contribution for a fund employee for a pay period includes a part of a cent,
then:

   (a)  where the part is .5 of a cent or more - that part shall be taken to
        be 1 cent; and

   (b)  in any other case - the part shall be disregarded. Variation of Table

"3D. The Minister may, before the commencement of a period (whichmay be a
period commencing on 1 July 1990), declare that the Table in the Schedule is
to have effect in relation to the period as if amounts specified in the
declaration were substituted for amounts specified in the Table (whether sums
of money or percentages). Interest factors

"3E (1) For the purposes of section 8a, the Minister, before each financial
year, is to declare:

   (a)  the factor ascertained using a specified formula to be the declared
        first interest factor for that year; and

   (b)  the factor ascertained using a specified formula to be the declared
        second interest factor for that year.

"(2) A formula:

   (a)  is to involve the use of a rate specified in the declaration; and

   (b)  may contain a variable that depends on the period, or another aspect,
        of the employment of the person in relation to whom the factor is to
        apply. Qualified employees

"3F. (1) The Minister may declare that a specified class of persons is a class
of persons who are qualified employees.

"(2) The Minister may declare that a specified class of persons is a class of
persons who are not qualified employees.

"(3) A declaration under subsection (1) or (2) takes effect from such day, not
earlier than 1 January 1988, as is specified in it.".