SUPERANNUATION (FORMER ELIGIBLE EMPLOYEES) REGULATIONS (AMENDMENT) 1994 NO. 346

SUPERANNUATION (FORMER ELIGIBLE EMPLOYEES) REGULATIONS (AMENDMENT) 1994 NO. 346

STATUTORY RULES 1994 No. 346

Issued by the authority of the Minister for Finance

Superannuation Act 1976

Superannuation (Former Eligible Employees) Regulations (Amendment)

The Superannuation Act 1976 (the Act) provides for a contributory superannuation scheme (known as the CSS) for Commonwealth employees and for certain other persons.

Members of the CSS are eligible to contribute to the scheme and are referred to as "eligible employees", as defined in section 3(1) of the Act.

Section 168 of the Act provides that the Governor-General may. make regulations, not inconsistent with the Act, prescribing matters that the Act requires, or permits, to be prescribed for carrying out or giving effect to the Act.

Section 126A of the Act provides that the regulations may modify the Act, or a provision of the Act, in relation to a person who has ceased to be an eligible employee and who becomes a member of another superannuation scheme. Regulations for the purpose of section 126A are contained in the Superannuation (Former Eligible Employees) Regulations (the Principal Regulations).

The Northern Territory of Australia (NT) is an approved authority for the purposes of the Act and many of its employees are eligible employees for the purposes of the Act. Certain NT authorities are also approved authorities with employees who are eligible employees.

Regulation 14 the Principal Regulations modifies the Act, as specified in schedule 10 of the regulations, to require certain Northern Territory employees, who are engaged in employment under a contract of service that is an Executive Contract of Employment within the meaning of section 3 of the Public Sector Employment (Interim Arrangements) Act 1992 (the 1992 Act), to preserve their CSS benefits upon ceasing to be eligible employees. They cease to be eligible employees when they join another superannuation scheme in relation to their employment with the NT.

The Public Sector Employment and Management Act 1993 (the 1993 Act) of the NT has now, in most respects, replaced the 1992 Act in providing for the regulation of the Public Service of the NT and the employees of a number of its government agencies and organisations. However, some NT employees, such as some members of the Territory Police Force, employees of the Tourist Commission and the Aboriginal Areas Protection Authority continue to be covered by the 1992 Act.

For this reason a reference to the 1993 Act has been included in the Principal Regulations to ensure that NT employees employed on Executive Contracts of Service, and who cease to be eligible employees, must preserve their CSS benefits. The details of the Regulations are as follows:

REGULATION 1

This provides that the Principal Regulations are amended as set out in the Amending Regulations.

REGULATION 2

This amends regulation 14 of the Principal Regulations which specifies the classes of NT employees in relation to whom the Act is modified. The modifications are set out in schedule 10 of the Principal Regulations. The amendment omits the existing paragraph 14(2)(b), which includes NT employees engaged under Executive Contracts of Employment under the 1992 Act in the class. The substitute paragraph includes NT employees engaged under Executive Contracts of Employment under either the 1992 Act or the 1993 Act in the class of persons who, by the operation of the modifications in schedule 10, must preserve their CSS benefits upon ceasing to be eligible employees.

The regulations operate from the date of gazettal.