Commonwealth Numbered Regulations

1981 No. 36 SUPERANNUATION (CONTINUING CONTRIBUTIONS FOR BENEFITS) REGULATIONS - SCHEDULE 1

SCHEDULE
Regulation 5
MODIFICATIONS OF ACT
1. Insert the following Part after Part VIII:

"PART VIIIA-CERTAIN ELIGIBLE EMPLOYEES RE-APPOINTED OR
REINSTATED UNDER THE PUBLIC SERVICE ACT

"124A. This Part applies to an eligible employee to whom section 14A applies,
being-

   (a)  a person who-

        (i)    is performing duty in the Australian Public Service in
               pursuance of a re-appointment to that Service under sub-section
               63F (9), 63G (7) or 66B (6) of the Public Service Act;

        (ii)   was, immediately before his dismissal, or deemed retirement,
               from the Australian Public Service, being the dismissal or
               deemed retirement in relation to which his re-appointment
               referred to in sub-paragraph (i) relates, an eligible employee;
               and

        (iii)  was not, during a period (in this Part referred to as a
               'relevant period') comprising the whole, or any portion of the
               period that-

                (A)  commenced at the time of that dismissal or deemed
                     retirement; and

                (B)  ended at the time at which that re-appointment took
                     effect,
an eligible employee;

   (b)  a person who-

        (i)    is, by virtue of sub-section 87K (11) of the Public Service
               Act, a person to whom Division 3 of Part IV of that Act
               applies;

        (ii)   was, immediately before his dismissal from the Australian
               Public Service, being the dismissal to which the declaration in
               respect of him referred to in sub-section 87K (11) of that Act
               relates, an eligible employee; and

        (iii)  was not, during a period (in this Part referred to as a
               'relevant period') comprising the whole, or any portion, of the
               period that-

                (A)  commenced at the time of that dismissal; and

                (B)  ended upon the making of the declaration referred to in
                     sub-paragraph (ii),
an eligible employee; or

   (c)  a person who-

        (i)    is, by virtue of a determination under sub-section 87P (7) of
               the Public Service Act, a person to whom Division 3 of Part IV
               of that Act applies;

        (ii)   was, immediately before the termination of his employment
               referred to in sub-paragraph 87P (1) (a) (i) or (b) (i) of that
               Act, as the case may be, being the termination of employment to
               which the determination referred to in sub-paragraph (i)
               relates, an eligible employee; and

        (iii)  was not, during a period (in this Part referred to as a
               'relevant period') comprising the whole, or any portion, of the
               period that-

                (A)  commenced at the time of that termination of his
                     employment; and

                (B)  ended upon the making of the determination referred to in
                     sub-paragraph (i),
an eligible employee.



"124B. Each period that is, in relation to an eligible employee to whom this
Part applies, a relevant period, shall be deemed, for the purposes of this
Act, to be a period during the whole of which he was absent, on leave without
pay, from the employment in which he was engaged immediately before the
commencement of that relevant period and, where that period is not a period
exceeding 12 weeks, shall be taken, for purposes of section 51, to be such a
period.

"124C. (1) Any benefit that became payable under this Act to an eligible
employee to whom this Part applies upon the commencement of any period that
is, in relation to him, a relevant period shall be deemed not to have been
payable, and the amount of any benefit so paid to him shall be repaid by him
to the Commissioner before the expiration of 2 months after the making of-

   (a)  his re-appointment referred to in sub-paragraph 124A (a) (i);

   (b)  the declaration in respect of him referred to in sub-paragraph 124A
        (b) (ii); or

   (c)  the determination in respect of him referred to in sub-paragraph 124A
        (c) (i), as the case may be, or within such further period as the
        Commissioner allows.

"(2) Where an amount repaid to the Commissioner under sub-section (1) is an
amount that has been paid out of the Consolidated Revenue Fund, the
Commissioner shall pay the amount so repaid to him into the Consolidated
Revenue Fund, and where an amount so repaid has been paid out of the
Superannuation Fund, the Commissioner shall pay the amount so repaid to him
into the Superannuation Fund.".
2. Insert the following section after section 159:

"159A. (1) In this section-
'Commonwealth authority' and 'Commonwealth office' have the same respective
meanings as in Part IV of the Public Service Act;
'prescribed authority' means a Commonwealth authority that is not an approved
authority;
'relevant person', in relation to a prescribed authority, means an eligible
employee, being a person to whom Division 2 or 3 of Part IV of the Public
Service Act applies, who-

   (a)  is employed by the prescribed authority; or

   (b)  is the holder of a Commonwealth office that is declared by the
        Minister to be an office the holding of which is to be treated, for
        the purposes of this section, as if it were employment by the
        prescribed authority.



"(2) Subject to sub-section (3), a prescribed authority shall make payments to
the Commonwealth in respect of relevant persons at such rates as the Minister
from time to time determines, having regard to the amounts that have become,
or are likely to become, payable out of the Consolidated Revenue Fund to or in
respect of those persons, and the prescribed authority may apply for the
purposes of this sub-section any moneys under its control.

"(3) Sub-section (2) does not apply to a prescribed authority that is declared
by the Minister to be an exempt authority for the purposes of this section.".
3. Add at the end of section 160 the following sub-sections:

"(4) Where the medical examination of a relevant person is required by or
under section 16, the cost of the examination shall, unless the Minister
otherwise directs, be borne by the prescribed authority, and the prescribed
authority may apply for that purpose any moneys under its control.

"(5) In sub-section (4), 'prescribed authority' and 'relevant person' have the
same respective meanings as in section 159A.".