52Determination of benefit

52  Determination of benefit  (1) The Minister may, by legislative instrument, make determinations for the purpose of providing a superannuation benefit in respect of:  (a) service on and after 1 January 1988 by members of the Permanent Forces; and  (b) continuous full time naval, military or air force service on and after that day by members of the Reserves.  (2) A determination:  (a) shall not be inconsistent with this Act; and  (b) shall not be expressed to take effect from a day before 1 January 1988.  (3) In making determinations, the Minister shall have regard to:  (a) principle 3 of the wage fixing principles adopted by the Conciliation and Arbitration Commission in its national wage case decision of 23 September 1983, as modified by its national wage case decision of 26 June 1986;  (b) the provisions of the Superannuation (Productivity Benefit) Act 1988; and  (c) matters relating to the terms and conditions of service of members of the Defence Force and the arrangements for the administration of the Defence Force.  (3A) The Minister may not make a determination that would have the effect that the Commonwealth, as employer, would have an individual superannuation guarantee shortfall for a member referred to in subsection (1) for any quarter under the Superannuation Guarantee (Administration) Act 1992.  (4A) Paragraph 14(1)(a) of the Legislation Act 2003 applies in relation to a determination under this section as if the reference in that paragraph to legislative instruments covered by subsection 14(3) of that Act included a reference to determinations under section 58H of this Act. Note: Section 14 of the Legislation Act 2003 allows legislative instruments to provide for matters by reference to disallowable legislative instruments as in force at a particular time or from time to time. That section would, for example, allow a determination under this section to provide for matters by reference to a determination under section 58B as in force at a particular time or from time to time.  (5) Determinations may make provision for, and in relation to, reducing a superannuation benefit under the determinations in a case where a person becomes entitled to benefits under the Military Superannuation and Benefits Act 1991 in circumstances mentioned in subparagraph 5A(1)(b)(i) of that Act. Note: Section 5A of the Military Superannuation and Benefits Act 1991 provides for superannuation benefits for a non‑member spouse in respect of splitting agreements and splitting orders under the Family Law Act 1975.  (6) Reductions referred to in subsection (5) are to be disregarded in applying subsection (3A).