Part I
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Commonwealth act
The Superannuation Act 1976 established the Commonwealth Superannuation Scheme (CSS), the defined‑benefit retirement arrangement for federal employees who began service before 1 July 1990. It sets who’s eligible, how contributions are paid into a pooled fund, and how pensions and survivor entitlements are calculated and paid.
It also creates the Commonwealth Superannuation Corporation to manage investments and benefits. For remaining members, the Act locks in predictable, formula‑based pension rights and related administrative rules.
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Direct links to the current provisions in Superannuation Act 1976.
This Act may be cited as the Superannuation Act 1976.
This Act shall come into operation on 1 July 1976.
(1) In this Act, unless the contrary intention appears:
accumulated basic contributions, in relation to a person who has ceased to be an eligible employee, means an amount equal to the sum of the basic contributions that have been, or are deemed to have been, paid, or have become payable, by him or her on or after his or her first day of service and the amount of any interest on those contributions together with, in the case of a person who had previously ceased to be an eligible employee on an occasion earlier than his or her first day of service, any amount that, under section 7A, is to be added to the amount of his or her accumulated basic contributions.
accumulated contributions, in relation to a person who has ceased to be an eligible employee, means the sum of:
(a) the person’s accumulated basic contributions; and
(b) the person’s accumulated supplementary contributions (if any);
less, if the person has made an election under section 80B or subsection 136(3A) or if the person’s spouse has made an election under subsection 92(1A), the person’s surcharge deduction amount.
accumulated employer contributions has the meaning given by section 110Q.
accumulated performance pay employee contributions, in relation to a person, means the sum of:
(a) an amount equal to the difference between:
(i) the sum of the amounts paid into a declared fund (within the meaning of the Superannuation (Productivity Benefit) Act 1988) in respect of the person under paragraph 11(1)(a) of the Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 6 (Statutory Rules 1993, No. 34); and
(ii) the sum of any amounts deducted by way of charges or fees from those amounts by the trustee of the fund; and
(b) interest on the amount mentioned in paragraph (a).
accumulated performance pay employer contributions, in relation to a person, means the sum of:
(a) an amount equal to the difference between:
(i) the sum of the amounts paid into a declared fund (within the meaning of the Superannuation (Productivity Benefit) Act 1988) in respect of the person under paragraph 11(1)(b) of the Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 6 (Statutory Rules 1993, No. 34); and
(ii) the sum of any amounts in the nature of income tax relevant to those amounts and any amounts deducted by way of charges or fees from those amounts by the trustee of the fund; and
(b) interest on the amount mentioned in paragraph (a).
accumulated supplementary contributions, in relation to a person who has ceased to be an eligible employee, means an amount equal to the sum of the supplementary contributions that have been, or are deemed to have been, paid, or have become payable, by him or her on or after his or her first day of service and the amount of any interest on those contributions together with, in the case of a person who had previously ceased to be an eligible employee on an occasion earlier than his or her first day of service, any amount that, under section 7A, is to be added to the amount of his or her accumulated supplementary contributions.
age retirement pension means pension payable under Division 1 of Part V.
amount includes a nil amount.
approved authority means:
(a) an authority or other body that is declared by the Minister, by legislative instrument, to be an approved authority for the purposes of this Act and is:
(i) a body corporate incorporated, whether before or after the commencement of this Act, for a public purpose by an Act, regulations made under an Act or a law of a Territory; or
(ii) an authority or body, not being a body corporate, established, whether before or after the commencement of this Act, for a public purpose by, or in accordance with the provisions of, an Act, regulations made under an Act or a law of a Territory; or
(iii) a company or other body corporate incorporated, whether before or after the commencement of this Act, under a law of the Commonwealth or of a State or Territory, being a body corporate in which the Commonwealth has a controlling interest; or
(iv) an authority or body established, whether before or after the commencement of this Act, and whether by or in accordance with the provisions of an Act, regulations made under an Act or a law of a Territory or otherwise, and whether a body corporate or not, being an authority or body which is financed in whole or in substantial part, either directly or indirectly, by moneys provided by the Commonwealth; or
(v) a company or other body corporate incorporated, whether before or after the commencement of this subparagraph, under an Act or a law of a State or Territory, being a company or body corporate in which:
(A) an authority or body referred to in subparagraph (i), (ii), (iii) or (iv), or that is an approved authority because of paragraph (b), has; or
(B) the Commonwealth and one, or more than one, such authority or body together have; or
(C) 2 or more such authorities or bodies together have;
a controlling interest; or
(b) an authority or body that, immediately before the commencement of this Act, was an approved authority for the purposes of the superseded Act other than such an authority or body in relation to which a declaration under subsection (2A) is in force.
approved medical practitioner means a medical practitioner approved by CSC for the purposes of this Act.
approved part‑time employee means:
(a) a part‑time employee included in a class of part‑time employees declared by the Minister, by notice published in the Gazette, to be an approved class of part‑time employees for the purposes of this Act; or
(b) a person who:
(i) is the holder of a statutory office; and
(ii) performs the duties of the office on a part‑time basis;
and is included in a class of such persons declared by the Minister, by notice published in the Gazette, to be an approved class of part‑time employees for the purposes of this Act.
APS Agency means an Agency within the meaning of the Public Service Act.
ASIC means the Australian Securities and Investments Commission.
asking a question includes making a request (whether oral or in writing) for information.
associate member means a person who is entitled to a benefit under section 146MB or 146MC.
AWOTE means full‑time adult average weekly ordinary time earnings for all persons in Australia.
basic contributions means contributions paid or payable under section 45.
benefit means pension or other benefit payable under this Act, and:
(a) includes a release authority lump sum (within the meaning of Part IXC) paid in relation to a release authority issued to a person under Subdivision 135‑A in Schedule 1 to the Taxation Administration Act 1953; but
(b) does not include a payment made out of the Fund that is required to be made under:
(i) a release authority given to CSC under former section 292‑410 of the Income Tax Assessment Act 1997; or
(ii) a transitional release authority given to the Board under section 292‑80B of the Income Tax (Transitional Provisions) Act 1997; or
(iii) a release authority issued under former item 1 or 2 of the table in subsection 135‑10(1) in Schedule 1 to the Taxation Administration Act 1953.
benefit classification certificate, in relation to a person, means a certificate in force in respect of the person under section 16.
Board has the same meaning as in the Superannuation Act 1990.
category 1 deceased pensioner means a deceased pensioner who:
(a) before his or her death, was entitled to receive age retirement pension or early retirement pension; and
(b) had not elected under section 57AA or 61AB (as the case may be) to be paid that pension at a reduced rate.
category 2 deceased pensioner means a deceased pensioner who:
(a) before his or her death, was entitled to receive age retirement pension or early retirement pension; and
(b) had elected under section 57AA or 61AB (as the case may be) to be paid that pension at a reduced rate.
child, in relation to a person who has died, means:
(a) a child of the person, including:
(i) an adopted child, an ex‑nuptial child, a foster child, a stepchild or a ward, of the person; and
(ii) someone who is a child of the person within the meaning of the Family Law Act 1975; or
(b) a child of a spouse of the person, including:
(i) an adopted child, an ex‑nuptial child, a foster child, a stepchild or a ward, of the spouse; and
(ii) someone who is a child of the spouse within the meaning of the Family Law Act 1975.
commencing day means 1 July 1976.
Commissioner means the Commissioner for Superannuation appointed under section 17, as in force before its repeal by item 183 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011.
contribution day means, subject to section 3A, the Thursday that falls on 8 July 1976, and each succeeding alternate Thursday.
contributions means basic contributions or supplementary contributions.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
CSS means the superannuation scheme established by this Act.
Defence Force Retirement and Death Benefits Act means the Defence Force Retirement and Death Benefits Act 1973.
deferred annuity has the same meaning as in the SIS Act.
designated employer has the meaning given by section 3C.
early retirement pension means pension payable under Division 2 of Part V.
eligible child, in relation to a person who has died and was, at the time of his or her death, an eligible employee or a retirement pensioner, means a person who:
(a) is a child of the deceased person; and
(b) is a person who:
(i) is under the age of 18 years; or
(ii) has reached the age of 18 years but is under the age of 25 years and is receiving full‑time education at a school, college or university; and
(c) immediately before the deceased person’s death:
(i) was (except where the person is a child of a spouse of the deceased person, but not of the deceased person) living with the deceased person;
(ii) was, in the opinion of CSC, wholly or substantially dependent upon the deceased person; or
(iii) where the person is a child born after the deceased person’s death—would have been, in the opinion of CSC, living with the deceased person or so dependent if the person had been born before the death of the deceased person.
eligible employee means:
(a) a person who, immediately before the commencement of this Act, was an employee for the purposes of the superseded Act and has continued to be, and is, such an employee; and
(b) a person who is a permanent employee; and
(c) a person who is a temporary employee and is specified in a direction given under section 11 or 13; and
(d) a person who is the holder of a statutory office and is specified in a direction given under subsection 14(1) in relation to that statutory office; and
(e) a person:
(i) who is a temporary employee; or
(ii) who is the holder of a statutory office to which he or she was appointed on a full‑time basis;
and who, immediately before the commencement of the employment by reason of which he or she is such a temporary employee or his or her appointment to that office, was an eligible employee by virtue of another paragraph of this definition or a previous application of this paragraph; and
(ea) a person to whom section 14A of this Act as previously in force applied immediately before that section was repealed; and
(eb) a person who has made an election under section 6A of the Superannuation Act 1990; and
(ec) a person included in a class of persons declared by the Minister, by legislative instrument, to be eligible employees for the purposes of this Act; and
(f) a person:
(i) who is a temporary employee; or
(ii) who is the holder of a statutory office;
and to whom, immediately before becoming a temporary employee or the holder of that office, invalidity pension was payable and who is specified in a direction given under subsection 15(1);
but, in relation to a person to whom any of the preceding paragraphs of this definition applies, does not include: (h) a person to whom the Judges’ Pensions Act 1968 applies; or (i) a person who, immediately before the commencement of this paragraph, was included in a class of persons that, under the regulations in force at that time, were not eligible employees for the purposes of this Act; or (j) a person included in a class of persons declared by the Minister, by legislative instrument, not to be eligible employees for the purposes of this Act; or (k) a person who is a member of a scheme for the provision of superannuation benefits conducted by the Health Insurance Commission; or (l) a person who is eligible for membership of a scheme referred to in paragraph (k), not being a person who: (i) within the period, or the appropriate period, prescribed by that scheme for electing to become a member of that scheme, requests CSC, in writing, to direct that the person be treated as an eligible employee for the purposes of this Act; or (ii) at the expiration of the period, or the appropriate period, referred to in subparagraph (i), has not elected to become a member of that scheme; or (m) a person who, under section 15A, is excluded from this definition.
eligible roll‑over fund means a fund in respect of which a declaration by the ISC under section 243 of the SIS Act is in force.
employer component, in relation to a benefit payable in respect of a person under Part VIAB, means that part of the benefit that is payable because of:
(a) the accumulated performance pay employer contributions of the person; and
(b) if the person’s transferable productivity amount was paid to CSC under section 110SL or was paid first to the trustee of another superannuation entity and then an amount in respect of that transferable productivity amount was paid under section 110SL by that trustee to CSC—the person’s transferable productivity amount.
exempt public sector superannuation scheme has the same meaning as in the SIS Act.
existing contributor means a person who is, or has at any time been, a person referred to in paragraph (a) of the definition of eligible employee in this subsection and who, immediately before the commencing day, was a contributor for the purposes of the superseded Act.
extra spouse’s pension means pension payable under Division 3A of Part VI.
final annual rate of salary, in relation to a person who has ceased to be an eligible employee, means:
(a) if paragraph (b), (c) or (d) does not apply in relation to the person—the person’s annual rate of salary on his or her last day of service; or
(b) if the annual rate of salary by reference to which his or her final basic contribution (including a final basic contribution of nil) was calculated is higher than the rate specified in paragraph (a)—that higher rate; or
(c) if his or her annual rate of salary was higher than the rate referred to in paragraph (a) or (b) at any time on or after:
(i) the anniversary of his or her birth last preceding his or her last day of service; or
(ii) where, on or after that anniversary, he or she made an election under section 47 in respect of a reduction in his or her annual rate of salary—the date of the election;
that higher rate; or
(d) if the person on his or her last day of service had, or would have had if that last day of service were the anniversary of his or her birth, an imputed annual rate of salary within the meaning of paragraph 47(1)(b) that was higher than the rate mentioned in paragraph (a), (b) or (c)—that imputed annual rate of salary.
final basic contribution, in relation to a person who has ceased to be an eligible employee, means the fortnightly basic contribution payable by him or her on the contribution day last preceding his or her last day of service, or, if his or her last day of service is a contribution day, payable by him or her on his or her last day of service.
first day of service, in relation to a person who is, or has ceased to be, an eligible employee, means:
(a) except where paragraph (b) applies—the day on which he or she became an eligible employee; or
(b) where the person has become an eligible employee on more than 1 occasion—the day on which he or she last became an eligible employee.
fortnightly rate of salary, in relation to an eligible employee, means an amount equal to one‑twenty‑sixth of the amount of his or her annual rate of salary.
Fund or Superannuation Fund means the CSS Fund established by this Act.
Note: From 1 July 2011, the CSS Fund is vested in CSC.
Fund accumulated employer contributions, in relation to a person, means the person’s accumulated employer contributions less any part of them that is:
(a) a notional interim benefit of the person within the meaning of Part VIA; or
(b) interest on that benefit.
industrial award means an industrial award, determination or agreement made, approved, lodged or registered under a law of the Commonwealth, a State or a Territory.
interest includes negative or zero interest, and accruing, when used in relation to interest, has a corresponding meaning.
invalidity pension means pension payable under Division 4 of Part V, other than partial invalidity pension.
invest means expend moneys with a view to obtaining a present or future financial return (whether by way of income, profit or otherwise).
last day of service, in relation to a person who has ceased to be an eligible employee, means:
(a) except where paragraph (b) applies—the day on which he or she so ceased; or
(b) where the person has ceased to be an eligible employee on more than 1 occasion—the day on which he or she last so ceased.
late short‑term marital or couple relationship, in relation to a deceased retirement pensioner, means a marital or couple relationship between the pensioner and his or her spouse that began:
(a) less than 3 years before the pensioner’s death; and
(b) after the pensioner became a retirement pensioner and had reached the age of 60 years.
legal personal representative has the same meaning as in the SIS Act.
marital or couple relationship has the meaning given by section 8A.
maximum retiring age, in relation to a person who is, or has been, an eligible employee, means the age of 65 years or such lesser age as, under the regulations, is the maximum retiring age applicable to him or her or a class of persons in which he or she is, at the relevant time, included.
minimum retiring age means:
(a) in relation to a person who is an eligible employee:
(i) unless subparagraph (ii) applies—the age of 55 years; or
(ii) if another age is applicable under the terms and conditions of employment or appointment of the person—the other age; or
(b) in relation to a person who is no longer an eligible employee:
(i) unless subparagraph (ii) applies—the age of 55 years; or
(ii) if another age was applicable under the terms and conditions of employment or appointment of the person immediately before the person last ceased to be an eligible employee—the other age.
MSB Act means the Military Superannuation and Benefits Act 1991.
notional interest includes negative or zero notional interest.
orphan pension means pension payable under Division 4 of Part VI.
partial invalidity pension means pension payable under section 77 or 78.
partially dependent child, in relation to a person who has died and was, at the time of his or her death, an eligible employee or a retirement pensioner, means a person:
(a) who is a child (other than an eligible child) of the deceased person; and
(b) to whom either of the following applies:
(i) the person is under the age of 18 years;
(ii) the person has reached the age of 18 years but is under the age of 25 years and is receiving full‑time education at a school, college or university; and
(c) to or in respect of whom, immediately before the deceased person’s death, the deceased person was voluntarily making, or required by a court to make, regular maintenance payments.
partner: a person is the partner of another person if the two persons have a relationship as a couple (whether the persons are the same sex or different sexes).
pension means any pension payable under this Act.
pension pay day means the Thursday that falls on 1 July 1976, and each succeeding alternate Thursday.
pensioner means a person who is entitled to pension under this Act.
period of contributory service, in relation to a person who has ceased to be an eligible employee, means a period equal to the period (the period of actual service) beginning on the person’s first day of service and ending on the person’s last day of service (less any part of the period of actual service that is:
(a) a period of leave of absence in respect of which subsection 51(1) applies to the person; or
(b) a period of absence from duty in respect of which subsection 51A(1) of the Superannuation Act 1976 as in force before 1 July 1990 applies to the person; or
(c) a period that is taken, under subsection 51A(5) of the Superannuation Act 1976 as in force on and after 1 July 1990, to be a non‑contributory period of service for the person; or
(d) a period in respect of which the person was not required or permitted to pay contributions because of subsection 3(3); or
(e) a period in respect of which benefits did not accrue to the person because of section 55A);
together with, if the person had previously ceased to be an eligible employee on an occasion earlier than his or her first day of service, any period that, under section 8, is to be added to his or her period of contributory service.
period of prospective service, in relation to a person who, before attaining the age of 65 years or, if his or her maximum retiring age is less than 65 years, before attaining his or her maximum retiring age, ceases to be an eligible employee by reason of having been retired on the ground of invalidity or by reason of death, means the aggregate of:
(a) his or her period of contributory service; and
(b) the period commencing on the day immediately following his or her last day of service and ending on the day on which he or she will, or but for his or her death, would, attain the age of 65 years or his or her maximum retiring age, whichever is the earlier.
permanent employee means a person employed in a permanent capacity by the Commonwealth or by an approved authority, but does not include:
(a) a part‑time employee who is not an approved part‑time employee; or
(b) a person who is engaged or appointed for employment outside Australia only, not being a person who is included in a class of persons approved by the Minister, in writing, for the purposes of this definition.
plus has a meaning affected by subsection (9).
profit includes capital profit.
PSS Fund has the same meaning as in the Superannuation Act 1990.
Public Sector Superannuation Scheme has the same meaning as in the Superannuation Act 1990.
Public Service Act means the Public Service Act 1999.
re‑employed former contributor with preserved rights has the meaning given by section 4B.
regulated superannuation fund has the same meaning as in the SIS Act.
relevant industrial organization means an organization the members, or a substantial proportion of the members, of which are eligible employees.
retirement pensioner means:
(a) a person to whom age retirement pension, early retirement pension or invalidity pension is payable; or
(b) a person who has ceased to be an eligible employee and has made an election under section 110T.
Rules for the administration of the Public Sector Superannuation Scheme means the rules for the administration of that scheme set out in the Schedule to the deed by which that scheme was established.
Rules for the administration of the Superannuation (1990) Scheme means the rules for the administration of that scheme set out in the Schedule to the deed by which that scheme was established.
SIS Act means the Superannuation Industry (Supervision) Act 1993 and, except in a reference to a particular provision of that Act, includes the regulations in force under that Act.
spouse has a meaning affected by section 8B.
spouse’s pension means pension payable under Division 1, 2 or 3 of Part VI.
statutory office means an office established by an Act, by regulations made under an Act or by a law of a Territory, or an office specified in the regulations as an office that is a statutory office for the purposes of this Act.
stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a partner of the person is the stepchild of the person, if he or she would be the person’s stepchild except that the person is not legally married to the partner.
sum has a meaning affected by subsection (9).
superannuation entity has the same meaning as in the SIS Act.
superannuation guarantee top‑up benefit means benefit payable under section 110SE.
superseded Act means the Superannuation Act 1922.
supplementary contributions means contributions paid or payable under section 48.
surcharge debt account, in relation to a person, means the surcharge debt account kept for the person by CSC under section 16 of the Superannuation Contributions Tax (Assessment and Collection) Act 1997.
surcharge deduction amount, in relation to a person to or in respect of whom benefits become payable under this Act, means the surcharge deduction amount that is specified in the determination made by CSC, under section 80A, in relation to the person.
temporary employee means a person employed, otherwise than in a permanent capacity, by the Commonwealth or by an approved authority, but does not include:
(c) a part‑time employee who is not an approved part‑time employee; or
(d) a person who is engaged or appointed for employment outside Australia only, not being a person who is included in a class of persons approved by the Minister, in writing, for the purposes of this definition.
total has a meaning affected by subsection (9).
transferable productivity amount, in relation to a person whose continuing contributions (within the meaning of the Superannuation (Productivity Benefit) Act 1988) are, or were, held in a declared fund (within the meaning of that Act), means the sum of:
(a) an amount equal to the difference between:
(i) the sum of the continuing contributions paid into the declared fund; and
(ii) the sum of any amounts in the nature of income tax relevant to those contributions and any amounts deducted by way of charges or fees from those contributions by the trustee of the declared fund; and
(b) interest on the amount mentioned in paragraph (a).
Trustee has the same meaning as trustee has in the Superannuation Act 1990.
(1AA) The regulations may make provision for modifying this Act, or a provision of this Act specified in the regulations, in the application of this Act or that provision to and in relation to a person to whom paragraph (ec) of the definition of eligible employee applies or has applied or to and in relation to a prescribed class of persons to whom that paragraph applies or has applied. (1A) A declaration made for the purposes of paragraph (ec) of the definition of eligible employee in subsection (1) may be expressed to have taken effect from and including a day specified in the declaration, being a day earlier than the day on which the declaration is signed but, subject to subsection (1B), not earlier than 12 months before the day on which the declaration is signed.
Note: The day of effect may be a day earlier than the day on which paragraph (ec) commenced (see subsection (1BC)).
(1B) If, before a declaration is made for the purposes of paragraph (ec) of the definition of eligible employee in subsection (1), contributions were accepted from, or in respect of, a person to whom the declaration applies, the declaration may be expressed to have taken effect from and including the earliest day on which contributions were so accepted.
Note: The day of effect may be a day earlier than the day on which paragraph (ec) commenced (see subsection (1BC)).
(1BA) A declaration made for the purposes of paragraph (j) of the definition of eligible employee in subsection (1) may be expressed to have taken effect from and including a day specified in the declaration, being a day earlier than the day on which the declaration is signed but not earlier than 1 July 2003, if, and only if, there is no person to whom the declaration applies: (a) who was treated as an eligible employee on or after the specified day; or (b) from, or in respect of, whom contributions were accepted on or after the specified day. (1BB) A declaration that is expressed, in accordance with subsection (1A), (1B) or (1BA), to have taken effect from and including a day earlier than the day on which the declaration was signed, is taken to have had effect accordingly. (1BC) To remove any doubt, a declaration made for the purposes of paragraph (ec) of the definition of eligible employee in subsection (1) may be expressed, to the extent permitted under subsection (1A) or (1B), to have taken effect from and including a day (the effective day) earlier than the day on which that paragraph commenced. If a declaration is so expressed, it is taken to have had, before the day on which that paragraph commenced, the effect that the declaration would have had if that paragraph had been in force from and including the effective day. (1BD) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration made for the purposes of paragraph (ec) or (j) of the definition of eligible employee in subsection (1) of this section. (1C) For the purposes of this Act, to remove any doubt: (a) a payment of a pension or benefit is taken to be permitted under the SIS Act if: (i) the payment is permitted by that Act as modified under section 332 of that Act; or (ii) the payment is authorised by an exemption granted by the Commissioner under that Act; and (b) a benefit is taken to be dealt with in accordance with the SIS Act if: (i) it is dealt with in accordance with that Act as modified under section 332 of that Act; or (ii) it is dealt with in accordance with an exemption granted by the Commissioner under that Act. (2A) If an authority or body referred to in paragraph (b) of the definition of approved authority in subsection (1) becomes a body: (a) not operating for a public purpose under an Act, regulations made under an Act or a law of a Territory; and (b) in which none of the following has a controlling interest, namely: (i) the Commonwealth; (ii) an authority or other body mentioned in paragraph (a) of that definition; (iii) the Commonwealth together with one or more such authorities or bodies; (iv) such an authority or body together with one or more other such authorities or bodies; the Minister, for the purposes of paragraph (b), may, by legislative instrument, declare that the body is not an approved authority for the purposes of this Act. (3) If a person ceases to be an eligible employee and, immediately after so ceasing, again becomes an eligible employee: (a) the person is taken, for the purposes of this Act, other than paragraph (b), not to have so ceased; but (b) the person is not required or permitted to pay contributions in respect of the period between the time when the person ceased to be an eligible employee and the time when the person again becomes an eligible employee. (4) A reference in this Act to a person who has ceased to be an eligible employee shall, unless the contrary intention appears, be read as including a reference to a person who has ceased to be an eligible employee by reason of death. (5) A person who is or becomes employed by the Commonwealth or by an approved authority shall not be taken, for the purposes of this Act, to be employed otherwise than in a permanent capacity by reason only that his or her appointment was or is on probation and has not been confirmed. (5AA) For the purposes of this Act, a person who was at any time before the commencement of this subsection, or is, a member of the Australian Capital Territory Fire Brigade (other than the Fire Commissioner or the Deputy Fire Commissioner) pursuant to an appointment made under the Fire Brigade (Administration) Act 1974 of the Australian Capital Territory is taken: (a) if the person was appointed, and ceased to hold office under the appointment, before 11 May 1989—to have been employed by the Commonwealth at all times from the time of his or her appointment or the commencement of this Act, whichever was the later, until the time when he or she ceased to hold office under the appointment; or (b) if the person was appointed before 11 May 1989 and did not cease to hold office under the appointment before that day: (i) to have been employed by the Commonwealth at all times from the time of his or her appointment or the commencement of this Act, whichever was the later, until the time immediately before that day; and (ii) to have been or to be employed by the Australian Capital Territory at all times on and after that day until he or she ceased or ceases to hold office under the appointment; or (c) if the person was appointed on or after 11 May 1989—to have been or to be employed by the Australian Capital Territory at all times from and including the time of his or her appointment until he or she ceased or ceases to hold office under the appointment. (5A) For the purposes of this Act, an AFP employee (within the meaning of the Australian Federal Police Act 1979) shall be deemed to be employed by the Commonwealth. (6) Where a person is a director of a company or other body corporate incorporated, whether before or after the commencement of this Act, under a law of the Commonwealth or of a State or Territory, being a company or other body that is an approved authority, the person shall, for the purposes of this Act, be deemed to be employed by the company or other body. (7) A reference in this Act, by number, to a provision of the superseded Act shall be read as a reference to that provision as re‑numbered by section 78 of the Superannuation Act 1959. (8) A reference in this Act to a medical examination by a medical practitioner does not include a reference to a medical examination by a person other than a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners unless: (a) the medical examination is made in a place that is not in Australia or an external Territory; and (b) the person is registered or licensed as a medical practitioner under a law of that place that provides for the registration or licensing of medical practitioners. (9) If: (a) a provision of this Act involves the calculation of a sum (whether the expression “sum”, “total”, “plus” or any other expression is used); and (b) the calculation involves negative interest or negative notional interest; and (c) apart from this subsection, the sum would be less than zero; the sum is taken to be zero.
This Act continues to apply despite the repeal of the Commonwealth Legal Aid Act 1977 as if: (a) section 3 and Part IV of that Act had not been repealed; and (b) any arrangement under subsection 21(1) of that Act that ceased to be in force only because of that repeal had not ceased to be in force because of that repeal.
(1) If an eligible employee is paid remuneration in respect of his or her employment otherwise than in respect of fortnights ending on the day before a day that, apart from this section, would be a contribution day: (a) CSC and the designated employer may agree in writing that this Act is to apply in relation to the employee as if references to contribution days were references to such days as are stated in, or determined in accordance with, the agreement; and (b) if such an agreement is made: (i) the agreement may provide that this Act is to apply in relation to the employee as if references to a fortnight were references to such period as is stated in, or determined in accordance with, the agreement; and (ii) if the agreement provides as mentioned in subparagraph (i), this Act applies in relation to the employee as if cognate expressions (such as fortnightly) were construed accordingly. (2) An agreement made under subsection (1) has effect according to its terms. (3) If an agreement is in force under subsection (1) in relation to an eligible employee, CSC may, having regard to this Act and the need to ensure equity between eligible employees, make any adjustments that it thinks appropriate in respect of the calculation and payment of contributions and benefits under this Act in respect of that employee.
(1) A reference in this Act to the designated employer of an eligible employee is a reference to: (a) if the employee is a permanent employee or temporary employee but is not an LWOP employee or employed by an approved authority: (i) if the remuneration in respect of his or her employment is paid wholly or mainly out of money appropriated by an annual Appropriation Act—the Department in respect of which the money is appropriated; or (ii) if the remuneration in respect of his or her employment is paid wholly or mainly out of money appropriated by an Act other than an annual Appropriation Act—a Department determined by the Minister; or (b) if the employee is the holder of a statutory office but is not an LWOP employee: (i) if the remuneration in respect of the office is paid by an approved authority—the Authority; or (ii) if subparagraph (i) does not apply—a Department or person determined by the Minister; or (c) if the employee is employed by an approved authority but is not an LWOP employee—the authority; or (d) otherwise—a person determined by the Minister. (2) In this section:
Department means:
(a) an APS Agency; or
(b) a Department of the Parliament established under the Parliamentary Service Act 1999.
LWOP employee means an eligible employee who:
(a) is on leave of absence without pay for a period in respect of which the Board has directed, for the purposes of subsection 51(1) of the Superannuation Act 1976 as in force immediately before the commencement of the Superannuation Legislation Amendment Act 1994, that the subsection is not to apply; or
(b) is on leave of absence for a period that:
(i) is more than 12 weeks; and
(ii) is an excluded period of leave of absence for the purposes of subsection 51(1); or
(c) is a person to whom section 51A applies and is making contributions in accordance with an election made under subsection (3) of that section.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
This Act applies both within and without Australia.
(1) If a provision of this Act refers to a declaration or determination made, approval given or other thing done by the Minister, CSC or the Commissioner and there is no other provision in this Act expressly authorising the Minister, CSC or the Commissioner to make such a declaration or determination, give such an approval or do such a thing, the Minister, CSC or the Commissioner, as the case may be, is, and is taken to have at all times been, authorised to make such a declaration or determination, give such an approval or do such a thing. (2) An approval given by the Minister for the purposes of the definition of temporary employee in subsection 3(1) may take effect on a day not earlier than: (a) 12 months before the giving of the approval; or (b) if contributions have been accepted before the start of that period of 12 months from, or in respect of, the person to whom the approval relates—the earliest day on which contributions were so accepted.
(1) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration for the purposes of paragraph (a) or (b) of the definition of approved authority in subsection 3(1) of this Act. (3) A declaration for the purposes of paragraph (a) of that definition may be expressed to have taken effect from and including a day not earlier than 12 months before the making of the declaration.
For the purposes of this Act, a person is a re‑employed former contributor with preserved rights if: (a) the person: (i) was a contributor under the superseded Act; or (ii) has ceased to be an eligible employee; and (b) after his or her so ceasing or last ceasing to be such a contributor or an eligible employee (as the case may be), a transfer value in respect of the person was paid to the person administering a superannuation scheme (other than the scheme established under the superseded Act or the CSS); and (c) on or after 1 July 1990, the person becomes: (i) a permanent employee; or (ii) a temporary employee; or (iii) the holder of a statutory office; or (iv) a person to whom paragraph (ec) of the definition of eligible employee applies; and a transfer value that includes the transfer value referred to in paragraph (b) is payable, or will, on the person’s becoming an eligible employee, be payable, to or in respect of the person under: (v) the superannuation scheme referred to in paragraph (b); or (vi) another superannuation scheme applicable in relation to any employment in which the person was employed after ceasing, or last ceasing, to be a contributor under the superseded Act or an eligible employee (as the case may be).
(1) In this section, salary means salary or wages and includes any allowance, or the value of any allowance, or any fee, that is an allowance or fee of a kind that, under the regulations, is to be treated as salary for the purposes of this Act, but does not include any part of any salary or wages that, under the regulations, is not to be treated as salary for the purposes of this Act. (2) For the purposes of this Act but subject to subsections (3) to (3E), the annual rate of salary of an eligible employee on a particular day is an amount equal to the amount per annum of the salary payable to him or her on that day. (3) The regulations may provide that, in a case specified in the regulations, the annual rate of salary of an eligible employee on a particular day shall, for the purposes of this Act or a provision of this Act specified in the regulations, be an amount equal to such amount per annum as is ascertained under the regulations. (3AA) Despite subsections (1), (2) and (3), an eligible employee and his or her designated employer may agree that a particular annual rate is to be the employee’s annual rate of salary for the purposes of the application of this Act on a particular day and, if such an agreement is made, the agreed rate is taken to be the employee’s annual rate of salary on that day. (3AB) Subsection (3AC) applies if: (a) a Minister makes a determination under an Act in respect of the remuneration of a person appointed under that Act; or (b) the Presiding Officers (within the meaning of the Parliamentary Service Act 1999) make a determination under that Act in respect of the remuneration of a person appointed under that Act; or (c) a determination is made under the Remuneration Tribunal Act 1973 in respect of the remuneration of a person; and an annual rate of salary of the person can be ascertained under the determination. (To avoid doubt, subsection (3AC) applies whether a determination is expressed to apply to a person or an office.) (3AC) Despite subsections (1), (2) and (3), for the purposes of the application of this Act on a particular day, the annual rate of salary of the person is the annual rate of salary ascertained for the purposes of this Act under the determination on that day. (3A) If, at the time (the later time) immediately before a person ceased or last ceased to be an eligible employee, the person was entitled to partial invalidity pension under section 77 or 78, the annual rate of salary payable to the person at the later time is to be worked out, for the purposes of this Act other than sections 77 and 78, under subsections (3B) to (3E). (3B) If the person’s entitlement arose under section 77, the annual rate of salary payable to the person at the later time is taken to be the amount per annum that would have been the person’s final annual rate of salary at the time (the earlier time) that was the occasion on which the person ceased or last ceased to be an eligible employee before the person’s entitlement arose. (3C) If the person’s entitlement arose under section 78, the annual rate of salary payable to the person at the later time is taken to be the amount per annum that would, if the person had ceased to be an eligible employee on the day immediately before the day on which the person’s entitlement arose, have been the person’s final annual rate of salary at the time (the earlier time) that would have been the occasion of the person’s so ceasing to be an eligible employee. (3D) However, if: (a) the Australian Statistician has published, at or before the later time, an estimate or successive estimates of the change or changes (expressed as a percentage or percentages) in AWOTE in respect of the period between the relevant earlier time and the later time; and (b) the estimate or estimates show an overall increase (expressed as a percentage) in those earnings over that period, or over the part of that period in respect of which the estimate or estimates were published; the annual rate of salary payable to the person at the later time is taken to be the annual rate of salary worked out under subsection (3B) or (3C), as the case requires, increased by that percentage. (3E) If, at any time, whether before or after the commencement of this subsection, the Australian Statistician has published or publishes for a particular period an estimate of a change (including an estimate that no change has occurred) in AWOTE in substitution for an estimate of such a change for that period previously published by the Australian Statistician, the publication of the later estimate is to be disregarded for the purposes of this section. (4) Where the rate of the salary, or of a part of the salary, of an eligible employee is not an annual rate, the amount per annum of that salary, or of that part of that salary, as the case may be, shall, for the purposes of this section, be ascertained: (a) where the rate is a weekly rate—by multiplying the weekly rate by 52; (b) where the rate is a monthly rate—by multiplying the monthly rate by 12; and (c) in any other case—in such manner as is prescribed.
(1) A reference in this Act to the anniversary of the birth of a person shall be read as a reference to the day on which the anniversary occurs, and a reference in this Act to the anniversary of the birth of a person last preceding a particular day shall, where the person is or has been an eligible employee and that anniversary occurred before his or her first day of service, be read as a reference to his or her first day of service. (2) Where a person was born on 29 February in any year, then, in any subsequent year that is not a leap year, the anniversary of the birth of the person shall be deemed to occur on 1 March of that subsequent year. (3) For the purposes of this Act, a person shall be taken to have attained a particular age on the day immediately preceding the relevant anniversary of his or her birth.
(1) Subject to subsection (3), if: (a) a person is engaged in more than one employment; and (b) either: (i) in relation to more than one of those employments the person is an eligible employee; or (ii) in relation to any such employment, the person would, if that were the person’s only employment, be an eligible employee or entitled to request that a direction be given under section 11, 13 or 14; this Act has a separate operation in respect of the person in relation to any employment in relation to which the person is an eligible employee, or any employment mentioned in subparagraph (b)(ii), as if that were the person’s only employment. (2) A separate operation of this Act given by subsection (1) in respect of a person in relation to any employment, being a person who is, or becomes, an eligible employee in relation to that employment, continues after the person ceases to be an eligible employee. (3) A person who: (a) is an eligible employee and on leave of absence without pay from particular employment; and (b) while on such leave engages in other employment; is not, for the purposes of this section, because of engaging in that other employment, taken to be engaged in 2 different employments. (4) If, before the commencement of this section, a person made payments in respect of any employment that would have been contributions if subsection (1) had then been in force, that subsection is taken to have been in force in relation to that person at the time the payments were made or at such earlier time (not being a time earlier than the commencement of that employment) as CSC may determine. (5) If, because of subsection (1), this Act has a separate operation in respect of a person in relation to any employment, the person may elect, by notice in writing to CSC, that that subsection applies to him or her in respect of that employment before the commencement of this section and, where such an election is made, that subsection is taken to have been in force in relation to the person during the period of that employment. (6) The regulations may make provision for modifying this Act, or a provision of this Act specified in the regulations, in the application of this Act or that provision in relation to a person in respect of whom this Act, because of subsection (1), has an operation in relation to any employment.
(1) A reference in this Act to the retirement of an eligible employee on the ground of invalidity shall be read as a reference to his or her having been retired, or his or her services having been otherwise terminated, on the ground of physical or mental incapacity to perform his or her duties. (2) Where a person has, before attaining his or her maximum retiring age, ceased to be an eligible employee otherwise than by reason of death or by reason of his or her having been retired, or his or her services having been otherwise terminated, on the ground of physical or mental incapacity to perform his or her duties, but CSC is satisfied that, at the time he or she ceased to be an eligible employee, he or she was, by reason of physical or mental incapacity, totally and permanently incapacitated within the meaning of Part IVA, CSC may direct that the person shall, for the purposes of this Act, be deemed to have been retired on the ground of invalidity because of that physical or mental incapacity.
(1) Where: (a) a person ceases to be an eligible employee and, upon his or her so ceasing, invalidity pension becomes payable to him or her in accordance with section 67 or 70; and (b) his or her entitlement to the pension is cancelled under subsection 76(1) upon his or her again becoming an eligible employee; then, upon his or her next ceasing to be an eligible employee, there shall be added to the amount that, but for this subsection, would be the amount of his or her accumulated basic contributions an amount equal to the amount paid to the Fund under subsection 112(5) in respect of the person upon his or her again becoming an eligible employee as referred to in paragraph (b), plus interest on the amount. (2) Where: (a) a person ceases to be an eligible employee and, upon his or her so ceasing, deferred benefits become applicable in relation to him or her by virtue of Division 3 of Part IX; (b) a deferred benefit does not become payable to him or her; and (c) those deferred benefits cease, by virtue of paragraph 144(1)(b), to be applicable in relation to the person upon his or her again becoming an eligible employee; then, upon his or her next ceasing to be an eligible employee: (d) there shall be added to the amount that, but for this subsection, would be the amount of his or her accumulated basic contributions an amount equal to the amount that was his or her accumulated basic contributions upon his or her ceasing to be an eligible employee as referred to in paragraph (a), plus interest on the amount; and (e) there shall be added to the amount that, but for this subsection, would be the amount of his or her accumulated supplementary contributions an amount equal to the amount that was his or her accumulated supplementary contributions upon his or her ceasing to be an eligible employee as referred to in paragraph (a), plus interest on the amount; and (f) there shall be added to the amount that, but for this subsection, would be the amount of the person’s Fund accumulated employer contributions an amount equal to the amount that was the person’s Fund accumulated employer contributions upon the person ceasing to be an eligible employee as referred to in paragraph (a), plus interest on the amount. (3) Where: (a) a person ceases to be an eligible employee and, upon his or her so ceasing, deferred benefits become applicable in relation to him or her by virtue of Division 3 of Part IX; (b) those deferred benefits cease to be applicable in relation to the person upon a deferred benefit by way of invalidity pension becoming payable to him or her in accordance with section 67 or 70; (c) the person does not, before again becoming an eligible employee, become entitled to deferred benefit by way of invalidity benefit otherwise than in accordance with section 67 or 70; and (d) his or her entitlement to deferred benefit is cancelled under subsection 76(1) upon his or her again becoming an eligible employee; then, upon his or her next ceasing to be an eligible employee, there shall be added to the amount that, but for this subsection, would be the amount of his or her accumulated basic contributions an amount equal to the amount paid to the Fund under subsection 112(9) in respect of the person upon his or her entitlement to deferred benefit being cancelled under subsection 76(1), plus interest on the amount. (4) Where: (a) a person ceases to be an eligible employee and, upon his or her so ceasing, deferred benefits become applicable in relation to him or her by virtue of Division 3 of Part IX; (b) those deferred benefits cease to be applicable in relation to the person upon a deferred benefit by way of invalidity pension becoming payable to him or her in accordance with section 67 or 70; (c) his or her entitlement to the deferred benefit is cancelled under subsection 143(2) and deferred benefits again become applicable in relation to him or her; (d) the person does not, before again becoming an eligible employee, become entitled to deferred benefit by way of invalidity benefit otherwise than in accordance with section 67 or 70; and (e) those deferred benefits cease, by virtue of paragraph 144(1)(b), to be applicable in relation to the person upon his or her again becoming an eligible employee; then, upon his or her next ceasing to be an eligible employee, there shall be added to the amount that, but for this subsection, would be the amount of his or her accumulated basic contributions an amount equal to the amount paid, or last paid, to the Fund under subsection 112(9) in respect of the person upon his or her entitlement to deferred benefit being cancelled under subsection 143(2), plus interest on the amount.
(1) Where: (a) a person became entitled to an invalidity pension upon his or her ceasing to be an eligible employee; and (b) he or she again becomes an eligible employee and the pension referred to in paragraph (a) is cancelled under subsection 76(1) upon his or her again becoming an eligible employee; then, upon his or her next ceasing to be an eligible employee, there shall be added to the period that, but for this subsection, would be his or her period of contributory service: (c) the period that was his or her period of contributory service upon his or her previously ceasing to be an eligible employee and becoming entitled to the pension that was so cancelled; and (d) if that pension was payable in accordance with section 67 or 68—any period in respect of which that pension was payable. (2) Where: (a) a person ceases to be an eligible employee and, upon his or her so ceasing, deferred benefits are applicable in relation to him or her by virtue of Division 3 of Part IX; and (b) the person again becomes an eligible employee and the deferred benefits cease to be applicable in relation to him or her by virtue of section 144; then, upon his or her next ceasing to be an eligible employee, there shall be added to the period that, but for this subsection, would be his or her period of contributory service: (c) the period that was his or her period of contributory service upon his or her previously ceasing to be an eligible employee and becoming a person in relation to whom deferred benefits are applicable; and (d) if, during any period after his or her previously so ceasing to be an eligible employee and before he or she again becomes an eligible employee, he or she was in receipt of deferred benefits, being invalidity pension payable in accordance with section 67 or 68—any period in respect of which that pension was payable. (3) Where: (a) a person ceases to be an eligible employee and, upon so ceasing, deferred benefits are applicable in relation to the person by virtue of Division 3 of Part IX; (b) those deferred benefits cease to be applicable in relation to the person upon a deferred benefit by way of invalidity pension becoming payable to the person; and (c) the person again becomes an eligible employee and the person’s entitlement to deferred benefit is, upon the person’s so becoming an eligible employee, cancelled under subsection 76(1); then, upon the person’s next ceasing to be an eligible employee, there shall be added to the period that, but for this subsection, would be the person’s period of contributory service: (d) the period that was the person’s period of contributory service upon the person’s previously ceasing to be an eligible employee and becoming a person in relation to whom deferred benefits are applicable; and (e) if, during any period after the person’s previously so ceasing to be an eligible employee and before the person again becomes an eligible employee, the person was in receipt of deferred benefit by way of invalidity pension in accordance with section 67 or 68—any period in respect of which that pension was payable.
(1) For the purposes of this Act, a person had a marital or couple relationship with another person at a particular time if the person ordinarily lived with that other person as that other person’s husband, wife, spouse or partner on a permanent and bona fide domestic basis at that time. (2) For the purpose of subsection (1), a person is to be regarded as ordinarily living with another person as that other person’s husband, wife, spouse or partner on a permanent and bona fide domestic basis at a particular time only if: (a) the person had been living with that other person as that other person’s husband, wife, spouse or partner for a continuous period of at least 3 years up to that time; or (b) the person had been living with that other person as that other person’s husband, wife, spouse or partner for a continuous period of less than 3 years up to that time and CSC, having regard to any relevant evidence, is of the opinion that the person ordinarily lived with that other person as that other person’s husband, wife, spouse or partner on a permanent and bona fide domestic basis at that time; whether or not the person was legally married to that other person. (3) For the purposes of this Act, a marital or couple relationship is taken to have begun at the beginning of the continuous period mentioned in paragraph (2)(a) or (b). (4) For the purpose of subsection (2), relevant evidence includes, but is not limited to, evidence establishing any of the following: (a) the person was wholly or substantially dependent on that other person at the time; (b) the persons were legally married to each other at the time; (ba) the persons’ relationship was registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901, as a kind of relationship prescribed for the purposes of that section; (c) the persons had a child who was: (i) born of the relationship between the persons; or (ii) adopted by the persons during the period of the relationship; or (iii) a child of both of the persons within the meaning of the Family Law Act 1975; (d) the persons jointly owned a home which was their usual residence. (5) For the purposes of this section, a person is taken to be living with another person if CSC is satisfied that the person would have been living with that other person except for a period of: (a) temporary absence; or (b) absence because of the person’s illness or infirmity.
(1) In this section:
deceased person means a person who was, at the time of his or her death, an eligible employee or a retirement pensioner.
(2) For the purposes of this Act, a person is a spouse who survives a deceased person if the person had a marital or couple relationship with the deceased person at the time of the death of the deceased person (the death). (3) In spite of subsection (2), a person is taken to be a spouse who survives a deceased person if: (a) the person had previously had a marital or couple relationship with the deceased person; and (b) the person did not, at the time of the death, have a marital or couple relationship with the deceased person but was legally married to the deceased person; and (d) in CSC’s opinion, the person was wholly or substantially dependent upon the deceased person at the time of the death.
(1) A member of the Defence Force shall not, by reason only of being a member of the Defence Force, be deemed to be an eligible employee. (2) Where a member of the Defence Force who is liable to contribute under the Defence Force Retirement and Death Benefits Act or the MSB Act becomes an eligible employee, he or she shall not be treated as such until he or she ceases to be liable to contribute under that Act.
(1) Where a person who is a temporary employee requests CSC to direct, under this section, that the person be treated as an eligible employee for the purposes of this Act, CSC may direct that the person is, as from the day on which the direction is given, an eligible employee for the purposes of this Act. (4) The regulations may make provision for modifying this section in the application of the section to and in relation to a prescribed temporary employee, or to and in relation to a prescribed class of temporary employees.
(1) Where: (a) a person who is a temporary employee is employed under a contract; and (b) the person requests CSC to direct, under this section, that he or she be treated as an eligible employee for the purposes of this Act; CSC may direct that the person is an eligible employee for the purposes of this Act. (2) A direction under subsection (1) in relation to a person who is employed under a contract has effect from: (a) where the person has been employed under that contract for longer than one year—the day of the direction; or (b) in any other case—the day specified in the direction, which may be a day earlier than the day on which the direction is given but not earlier than the day on which the person commenced to be employed under that contract.
Sections 11 and 13 do not apply in relation to a person who is on 1 July 1990, or becomes after that date, a temporary employee unless: (a) immediately before the person became or becomes so employed: (i) invalidity pension was, or would, but for a suspension of payment, have been, payable to him or her under this Act; or (ii) deferred benefits were applicable to him or her under this Act or the superseded Act; or (iii) a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section was, or but for a suspension of payment would have been, payable to him or her; or (b) the person became or becomes, by virtue of his or her being so employed, a re‑employed former contributor with preserved rights.
(1) Where: (a) a person is the holder of a statutory office to which the person has been appointed on a full‑time basis; and (b) the person requests CSC to direct, under this section, that he or she be treated as an eligible employee for the purposes of this Act; CSC may direct that the person is an eligible employee for the purposes of this Act. (4) A direction under subsection (1) in relation to a person who is the holder of a statutory office has effect from: (a) where the person has been holding that office for longer than one year—the day of the direction; or (b) in any other case—the day specified in the direction, which may be a day earlier than the day on which the direction is given but not earlier than the day on which the person commenced to hold that office. (5) This section does not apply in relation to a person who is on 1 July 1990, or becomes after that date, the holder of a statutory office unless: (a) immediately before the person became or becomes the holder of the statutory office: (i) invalidity pension was, or would, but for a suspension of payment, have been, payable to him or her under this Act; or (ii) deferred benefits were applicable to him or her under this Act or the superseded Act; or (iii) a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section was, or but for a suspension of payment would have been, payable to him or her; or (b) the person became or becomes, by virtue of his or her becoming the holder of the statutory office, a re‑employed former contributor with preserved rights.
Where: (a) a person to whom invalidity pension is payable becomes a temporary employee or the holder of a statutory office to which the person was appointed on a full‑time basis; and (b) CSC is satisfied that the health of the person has become so restored as to enable him or her to perform duties of a kind that are, in the opinion of CSC, suitable to be performed by him or her, having regard to the duties performed by him or her immediately before he or she ceased to be an eligible employee by reason of his or her retirement on the ground of invalidity; CSC may direct that the person is, as from the date of the direction, or shall be deemed to have been as from such earlier date as is specified in the direction (not being a date earlier than the date on which he or she became a temporary employee or the holder of the statutory office), an eligible employee for the purposes of this Act.
(1) A person who, on or after 1 July 1990, becomes a permanent employee because he or she is employed in a permanent capacity by an approved authority declared by the Minister to be an exempt authority for the purposes of this subsection is excluded from the definition of eligible employee in subsection 3(1). (2) If, on or after 1 July 1990, a person (other than a person to whom subsection (1) applies) becomes a permanent employee, that person is excluded from the definition of eligible employee in subsection 3(1) unless: (c) immediately before the person becomes so employed or is so appointed: (i) the person was an eligible employee; or (ii) invalidity pension was, or would, but for a suspension of payment, have been, payable to him or her under this Act; or (iii) deferred benefits were applicable to him or her under this Act or the superseded Act; or (iv) a pension of a kind mentioned in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section was, or but for a suspension of payment would have been, payable to him or her; or (d) the person becomes, by virtue of his or her employment or appointment, a re‑employed former contributor with preserved rights.
(2) CSC may, for the purposes of this section, require a person (other than a person to whom section 184 applies) who proposes to become or becomes an eligible employee to undergo, within such period as CSC specifies, such medical examination or examinations by an approved medical practitioner or practitioners as CSC determines. (3) A report or reports of the result or results of the medical examination or examinations shall be furnished to CSC. (4) CSC shall consider the report or reports, and such other matters (if any) as CSC considers relevant, and, if it is of the opinion that there is a real risk that the person, by reason of or for a reason connected with a physical or mental condition or conditions referred to in the report or reports, will not continue to be an eligible employee until the person attains his or her maximum retiring age, CSC shall issue a benefit classification certificate to that effect, being a certificate in which the relevant condition or conditions is or are specified. (4A) Subsection (4) does not apply after 31 March 1991 in relation to a person: (a) in respect of whom a benefit classification certificate was not in force on that date; and (b) who was on 30 June 1990, and continued to be until 31 March 1991, an eligible employee. (4B) Despite subsection (4A), subsection (4) applies to a person mentioned in subsection (4A) who, after 31 March 1991, ceases to be an eligible employee and again becomes an eligible employee. (4C) Nothing in subsection (4A) affects the operation of section 16AC or subsections 184(5) to (5C) (inclusive). (5) In the application of this Act to an eligible employee at any time, a reference in this Act to a benefit classification certificate that is in force in respect of an eligible employee shall, in the case of an eligible employee whose period of contributory service would, if he or she ceased to be an eligible employee at that time, be not less than 20 years or an eligible employee who has attained his or her maximum retiring age, be read as not including a reference to a benefit classification certificate that has been issued in respect of him or her. (5A) In the application of this Act to: (a) an eligible employee who has previously ceased to be an eligible employee by reason of retirement on the ground of invalidity, being an eligible employee to whom, upon his or her so ceasing, invalidity benefit was payable in accordance with section 69, 72 or 73; or (b) an eligible employee who has previously ceased to be an eligible employee otherwise than by reason of retirement on the ground of invalidity; a reference in this Act to a benefit classification certificate that is in force in respect of the eligible employee shall be read as not including a reference to a benefit classification certificate (if any) that was issued in respect of him or her before or upon his or her so previously ceasing to be an eligible employee. (6) Where a benefit classification certificate is in force in respect of an eligible employee, he or she may, on grounds specified in the request, request CSC to revoke the certificate or to revoke the certificate and issue in substitution for the certificate a new benefit classification certificate and, where an eligible employee makes such a request, he or she shall, within such period as CSC requires, undergo such further medical examination (if any) or examinations by an approved medical practitioner or practitioners as CSC requires. (7) A report or reports of the result or results of the further medical examination or examinations shall be furnished to CSC. (8) CSC shall consider the report or reports (if any), and such other matters as it considers relevant, and: (a) where there is not more than 1 physical or mental condition specified in the benefit classification certificate and CSC is of the opinion that there is not a real risk that the person, by reason of or for a reason connected with that condition, will not continue to be an eligible employee until he or she attains his or her maximum retiring age—CSC shall revoke the certificate; (b) where there is more than 1 physical or mental condition specified in the benefit classification certificate: (i) if CSC is of the opinion that there is not a real risk that the person, by reason of or for a reason connected with those conditions, will not continue to be an eligible employee until the person attains his or her maximum retiring age—CSC shall revoke the certificate; or (ii) if CSC is of the opinion that there is a real risk that the person, by reason of or for a reason connected with 1 or some only of the conditions specified in the certificate, will not continue to be an eligible employee until he or she attains his or her maximum retiring age—CSC shall revoke the certificate and issue in substitution for the certificate a new benefit classification certificate specifying only the condition or conditions in respect of which CSC is of the opinion referred to in this subparagraph; and (c) in any other case—CSC shall refuse the request to revoke the benefit classification certificate or to revoke the benefit classification certificate and to issue in substitution for the certificate a new benefit classification certificate. (9) Where, under subsection (8), CSC revokes a benefit classification certificate on a particular day: (a) the revocation has effect on and from that day; and (b) the new certificate (if any) issued in substitution for the revoked certificate is to be taken to have been issued on that day.
(1) In this section:
benefit event, in relation to a person who is an eligible employee, means:
(a) the person’s death; or
(b) the person ceasing to be an eligible employee because of retirement on the ground of invalidity; or
(c) the annual rate of salary of the person decreasing under such circumstances that CSC is satisfied that the decrease can properly be attributed to physical or mental incapacity.
condition means a physical or mental condition.
examination means a medical examination.
(2) Subsections (3) to (9), inclusive, apply where, as at the time of a benefit event in relation to a person who is an eligible employee: (a) the person has undergone no examination under subsection 16(2); or (b) the person has undergone such an examination, or 2 or more such examinations, but CSC has not yet decided that the person should not be required under subsection 16(2) to undergo a further examination; or (c) CSC has so decided but has not yet considered the report or reports of the result or results of the examination or examinations that the person has undergone under subsection 16(2); or (d) CSC has considered the report or reports but has not yet decided whether or not to issue a benefit classification certificate in respect of the person under subsection 16(4); or (e) CSC has decided so to issue such a certificate but has not yet issued it. (3) If subparagraph (2)(a) or (b) applies, CSC must, in relation to each examination (if any) that: (a) CSC required the person under subsection 16(2) to undergo; or (b) CSC is satisfied it would, but for the benefit event, have so required the person to undergo; but that the person did not in fact undergo, determine what, in CSC’s opinion, the report of the result of the examination would have contained if the person: (c) had undergone the examination on the day when the person: (i) if paragraph (2)(a) applies—became an eligible employee; or (ii) if paragraph (2)(b) applies—underwent the examination, or the later or last of the examinations, referred to in that paragraph; and (d) at or in connection with the examination: (i) had answered properly, within the meaning of section 16AC, all the questions asked of the person; and (ii) had given no false or misleading information. (4) For the purposes of subsection (3), CSC must consider such information and other matters as it considers relevant. (5) In subsection (6):
report material means:
(a) if paragraph (2)(a) applies—the determination or determinations under subsection (3); or
(b) if paragraph (2)(b) applies:
(i) the report or reports of the result or results of the examination or examinations referred to in that paragraph; and
(ii) the determination or determinations (if any) under subsection (3); or
(c) if paragraph (2)(c) or (d) applies—the report or reports referred to in that paragraph.
(6) Unless paragraph (2)(e) applies, CSC must consider the report material and any other matters (other than matters excluded by subsection (7)) that it considers relevant and, if satisfied on the basis of the matters set out in the report material and of those other matters that, had the benefit event not happened, it would have formed on that basis the opinion that there was a real risk that the person, by reason of, or for a reason connected with: (a) a condition that is referred to in the report material and that CSC is satisfied is a condition of the person that existed at the time when the person became an eligible employee; or (b) 2 or more such conditions; would not continue to be an eligible employee until the person attained his or her maximum retiring age, must issue in respect of the person a benefit classification certificate specifying the condition or conditions. (7) The matters excluded by this subsection are the following: (a) the fact that the benefit event has happened; (b) any information CSC has about the causes of: (i) the death; or (ii) the incapacity that was the ground for the retirement; or (iii) the incapacity to which CSC is satisfied that the decrease in the annual rate of salary of the person could properly be regarded as attributable; as the case may be; (c) any information CSC has about the person’s state of physical or mental health, or medical history, during a period beginning after: (i) if the person has undergone an examination or examinations under subsection 16(2)—the person underwent the examination or the later or last of the examinations; or (ii) otherwise—the person became an eligible employee. (8) If paragraph (2)(e) applies, CSC must issue in respect of the person the benefit classification certificate that CSC would have so issued but for the benefit event. (9) For the purposes of this Act, a benefit classification certificate issued under this section is to be taken to have been issued under subsection 16(4) on the day before the day of the benefit event. (10) Nothing in this section applies in relation to a person who on 30 June 1990 was, and until the time of the benefit event in relation to the person, being a benefit event that occurred after 31 March 1991, continued to be, an eligible employee.
(1) This section applies where a benefit classification certificate (whether issued before or after the commencement of this section): (a) is in force in respect of a person (in this section called the employee) who is an eligible employee; or (b) was in force in respect of a person (in this section also called the employee) immediately before: (i) the annual rate of salary of the employee decreased, at or after that commencement, under such circumstances that CSC is satisfied that the decrease can properly be attributed to physical or mental incapacity; or (ii) the employee ceased, at or after that commencement, to be an eligible employee. (2) A person, being: (a) the employee or a person acting on his or her behalf; or (b) if the employee is dead: (i) a spouse or child of the employee who is entitled to benefits under Part VI; or (ii) a person acting on behalf of such a spouse or child; may apply to CSC for the certificate to be revoked under this section. (3) If an application is made under subsection (2) and the employee is living, CSC may, for the purposes of the application, require him or her to undergo within a specified period such medical examination or examinations by an approved medical practitioner or practitioners as CSC determines. (4) A report or reports of the result or results of a medical examination or medical examinations under subsection (3) is to be given to CSC. (5) On an application under subsection (2), CSC must consider each report (if any) given to CSC under subsection (4), and such other matters (if any) as it thinks relevant, and must: (a) if it is satisfied that a physical or mental condition or conditions specified in the certificate came into existence after the relevant time: (i) if the certificate specifies no other physical or mental condition—revoke the certificate; or (ii) otherwise—revoke the certificate and issue in substitution for it a new benefit classification certificate that does not specify the first‑mentioned condition or conditions but specifies the other condition or conditions specified in the revoked certificate; or (b) otherwise—refuse the application. (6) For the purposes of paragraph (5)(a), the relevant time is the time when the employee: (a) if he or she became an eligible employee because of paragraph (a) of the definition of eligible employee in subsection 3(1)—became an employee for the purposes of the superseded Act; or (b) otherwise—became an eligible employee. (7) Except for the purposes of this section, a certificate revoked under subsection (5) is taken never to have been issued. (8) A certificate issued under subsection (5) in substitution for a revoked certificate is taken to have been issued on the day on which, and under the provision under which, the revoked certificate was issued. (9) Subsections (5), (7) and (8) have effect even if the certificate referred to in subsection (1) had previously been revoked, in which case: (a) a certificate issued under subsection (5) in substitution for the first‑mentioned certificate is taken to have been revoked at the time of the previous revocation; and (b) a certificate that was previously issued in substitution for the first‑mentioned certificate is taken to have been issued in substitution for the certificate (if any) issued under subsection (5).
(1) In this section:
condition means a physical or mental condition.
relevant person means:
(a) a person:
(i) who is an eligible employee; and
(ii) who has not attained his or her maximum retiring age; and
(iii) whose period of contributory service, if the person were to cease to be an eligible employee, would be less than 20 years; or
(b) a person:
(i) who is or was an eligible employee to whom partial invalidity pension is or was payable in accordance with section 78; and
(ii) whose period of contributory service, if the person had ceased to be an eligible employee at the time when partial invalidity pension became so payable, would have been less than 20 years; or
(c) a person:
(i) who has ceased, because of death or retirement on the ground of invalidity, to be an eligible employee before attaining his or her maximum retiring age; and
(ii) whose period of contributory service is less than 20 years.
(2) Subsections (4) to (8), inclusive, apply where CSC is satisfied, in respect of a person who is a relevant person: (a) that: (i) at or in connection with a medical examination that the person was required under subsection 16(2) or (6) or 16AB(3) to undergo; or (ii) in connection with a request under subsection 16(6) by the person; the person failed to answer properly a question asked of him or her or gave false or misleading information; and (b) that, if the person had answered the question properly or had not given that false or misleading information: (i) where there is in force, or there was in force immediately before the person’s retirement or death, a benefit classification certificate in respect of the person—a condition or conditions of the person not specified in the certificate would be or would have been so specified; or (ii) where subparagraph (i) does not apply—there would be in force, or there would have been in force immediately before the person’s retirement or death, a benefit classification certificate in respect of the person specifying a condition or conditions of the person. (3) Subsections (4) to (8), inclusive, also apply where CSC is satisfied, in respect of a person who is a relevant person: (a) that, in connection with an application under subsection 16AB(2) for the revocation of a certificate issued in respect of the person, a person (in this section called the non‑discloser), being: (i) the relevant person; or (ii) the applicant; or (iii) a person acting on the applicant’s behalf; or (iv) a person on whose behalf the applicant was acting; failed to answer properly a question asked of him or her or gave false or misleading information; and (b) that, if the non‑discloser had answered the question properly or had not given that false or misleading information: (i) where there is in force, or there was in force immediately before the relevant person’s retirement or death, a benefit classification certificate in respect of the relevant person—a condition or conditions of the relevant person not specified in the certificate would be or would have been so specified; or (ii) where subparagraph (i) does not apply—there would be in force, or there would have been in force immediately before the relevant person’s retirement or death, a benefit classification certificate in respect of the relevant person specifying a condition or conditions of the relevant person. (4) If subparagraph (2)(b)(i) or (3)(b)(i) applies, CSC shall revoke the certificate and issue in substitution for it a new benefit classification certificate in which the condition or conditions referred to in that subparagraph is or are specified either in addition to, or instead of, the condition, or some or all of the conditions, specified in the revoked certificate. (5) If subparagraph (2)(b)(ii) or (3)(b)(ii) applies, CSC shall issue in respect of the relevant person a benefit classification certificate specifying the condition or conditions referred to in that subparagraph. (6) Except for the purposes of this section, a certificate revoked under subsection (4) is taken never to have been issued. (7) A certificate issued under subsection (4) in substitution for a revoked certificate is taken to have been issued on the day on which, and under the provision under which, the revoked certificate was issued. (8) A certificate issued under subsection (5) shall be taken to have been issued on the day, and under the provision, that CSC determines to be the day on which, and the provision under which, a benefit classification certificate would have been issued, or would have been taken to have been issued, as the case requires, in respect of the relevant person if the relevant person, or the non‑discloser, as the case may be, had answered the question properly, or had not given the false or misleading information, as the case may be. (9) For the purposes of this section, a person answers a question properly if, and only if, he or she gives in answer to the question all the information that he or she could reasonably be expected to give, on the basis of: (a) his or her knowledge about the relevant matters; and (b) the knowledge that, having regard to his or her knowledge about the relevant matters, he or she could reasonably be expected to have about those matters; if he or she answered the question fully and truthfully on the basis of the knowledge referred to in paragraphs (a) and (b). (10) In subsection (9):
relevant matters, in relation to a question asked of a person, means:
(a) in any case—the matters that the person could reasonably be expected to regard as relevant to answering the question; and
(b) if the question is asked of the person:
(i) at or in connection with a medical examination that the person was required under subsection 16(2) or (6) or 16AB(3) to undergo; or
(ii) in connection with a request by the person under subsection 16(6); or
(iii) in connection with an application under subsection 16AB(2) for the revocation of a certificate issued in respect of the person;
the person’s medical history and past and present state of physical and mental health.
(1) CSC must serve: (a) a copy of a benefit classification certificate; or (b) notice of the revocation of a benefit classification certificate; or (c) notice of a refusal by CSC of a request or application made under subsection 16(6) or 16AB(2) in relation to a benefit classification certificate; on: (d) in any case—the person to whom the certificate relates; and (e) in the case of: (i) a copy of a certificate issued under subsection 16AB(5) on an application made under subsection 16AB(2); or (ii) notice of a refusal by CSC of an application made under subsection 16AB(2); the applicant. (2) Where subsection (1) requires a copy or notice to be served on a person and the person has died, CSC must serve the copy or notice on: (a) the person’s personal representative; or (b) such other person or persons as CSC, in its discretion, determines.
Where: (a) section 32A of the Public Service Act 1922 as in force at any time before the commencement of the Public Service and Statutory Authorities Amendment Act 1983 applied in relation to an eligible employee; (b) a section of another Act that corresponded with the section of the Public Service Act 1922 referred to in paragraph (a) applied in relation to an eligible employee; or (c) the terms and conditions of employment of an eligible employee have at any time included, or include, provisions that correspond with the provision made by the section of the Public Service Act 1922 referred to in paragraph (a); this Act applies, and shall be deemed to have applied, to the employee as if any period during which he or she was or is deprived of salary under and in accordance with that section, or those provisions of his or her terms and conditions of employment, as the case may be, were a period during which he or she was on leave of absence without pay.
(1) The functions of CSC under this Act are: (a) to manage and invest the Fund so as to maximise the return earned on the Fund, having regard to: (i) the need to make provision for payments out of the Fund under this Act; and (ii) the need for equity among eligible employees and associate members; and (iii) the need to exercise reasonable care and prudence in order to maintain the integrity of the Fund; and (b) to be responsible for the general administration of this Act.
Note: For other functions of CSC, see section 8 of the Governance of Australian Government Superannuation Schemes Act 2011.
(2) It is the duty of CSC, in the exercise of its functions under paragraph (1)(a): (a) to establish from time to time: (i) policies for the investment of money standing to the credit of the Fund; and (ii) the strategies to be adopted to achieve those policies; and (b) to ensure that the decisions and operations of CSC are directed towards achieving the objective referred to in paragraph (1)(a); and (c) to ensure that CSC has, or has access to, the skills, facilities and resources required to achieve the objective referred to in paragraph (1)(a); and (d) to take reasonable steps, consistently with the objective referred to in paragraph (1)(a) and subject to subsection (4), to inform eligible employees and associate members about the management and investment of the Fund; and (e) to liaise with relevant industrial organisations concerning the interests of eligible employees and, subject to subsection (4), to inform those organisations about the management and investment of the Fund; and (f) to ensure that CSC conducts its operations in an efficient manner; and (g) to ensure that CSC complies with its obligations under this Act and its other legal obligations. (3) Without limiting the generality of paragraph (2)(a), CSC must develop and maintain plans and procedures for the implementation of its investment strategies in relation to the Fund. (4) CSC must, in performing its duties under paragraphs (2)(d) and (e), have regard to the need to protect information the disclosure of which could adversely affect the financial position or the commercial or other operations of CSC. (5) Without limiting the generality of paragraph (2)(d), CSC must, at least once in each financial year, publish to eligible employees a summary that contains information of the kind referred to in that paragraph. (8) The reference in paragraph (2)(e) to relevant industrial organisations is a reference to relevant industrial organisations the objectives of which extend to representing the interests of their members in relation to the terms and conditions of employment of those members.
CSC must cause proper records to be kept in respect of: (a) contributions paid into the Superannuation Fund; and (b) benefits paid under this Act, whether out of the Superannuation Fund or out of the Consolidated Revenue Fund; and (c) amounts that, under this Act, are: (i) paid out of the Consolidated Revenue Fund into the Superannuation Fund; or (ii) paid out of the Superannuation Fund to the Commonwealth.
Subject to this Act, CSC has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Act.
For the purposes of this Act, there shall be a Fund to be known as the CSS Fund.
(1) The Fund shall be managed by CSC. (2) CSC has power to do, in Australia or elsewhere, all things necessary or convenient to be done for or in connexion with, or as incidental to, the management of the Fund, and the investment under section 42 of moneys standing to the credit of the Fund, including, without limiting the generality of the foregoing, power: (a) to give guarantees; (aa) to underwrite or sub‑underwrite any form of investment; (ab) subject to subsection (3), to borrow moneys; (b) to appoint agents and attorneys; (c) to act as agents for other persons; (d) to engage consultants and investment managers; and (e) to open and maintain accounts with banks. (3) CSC may not borrow money otherwise than in accordance with the SIS Act. (5) Without limiting the generality of subsection (2), the reference in that subsection to the doing of things necessary or convenient to be done as incidental to the investment under section 42 of moneys standing to the credit of the Fund includes a reference to the taking of action to control or manage, or to enhance or protect the value of, any investment made out of those moneys or to enhance or protect the return on any such investment. (6) Without limiting the generality of paragraph (2)(aa), the reference in that paragraph to underwriting or sub‑underwriting any form of investment includes a reference to underwriting or sub‑underwriting the issue of shares, debentures or units in a unit trust. (7) The reference in paragraph (2)(d) to the engagement of investment managers shall be read as a reference to the placement of funds with persons who undertake to invest, and manage the investment of, those funds on behalf of CSC. (8) Nothing in this section or section 42 shall be read as derogating from CSC’s duties under section 27C. (9) In this section:
bank has the same meaning as it has in the Public Governance, Performance and Accountability Act 2013.
(1) Moneys standing to the credit of the Fund which CSC is of the opinion are moneys that are not for the time being required for the purpose of making payments out of the Fund under this Act shall, so far as is practicable, be invested by CSC in accordance with this Part, but CSC shall so manage the Fund that moneys that are from time to time required to pay benefits that are payable out of the Fund are available for that purpose. (2) Moneys that, by virtue of subsection (1), are required to be invested by CSC may be invested in any manner and, without limiting the generality of the foregoing, may be invested by CSC jointly with another person or other persons. (3) CSC may invest the money only through an investment manager or managers. (4A) CSC must ensure that any investment manager engaged by CSC in accordance with subsection (3): (a) operates within the investment powers of CSC and the investment strategy and policy determined for the time being by CSC; and (b) reports to CSC on the state of CSC’s investments and the investment market at such times and in such manner as CSC determines. (5) Income derived from the investment of moneys standing to the credit of the Fund, or otherwise from the management of the Fund by CSC, shall form part of the Fund.
Despite any other provision of this Act, an eligible employee is not entitled or permitted to pay contributions if, under the SIS Act, the Fund is not permitted to receive those contributions.
(1) Subject to subsection 3(3) and sections 51, 51A and 54, an eligible employee shall pay fortnightly basic contributions.
Note: The amount of fortnightly basic contributions payable might be nil (see subsection 46(2)).
(2) Subject to subsection (3), the first fortnightly basic contribution of an eligible employee is payable: (a) in the case of an eligible employee who, immediately before the commencing day, was an employee for the purposes of the superseded Act—on the contribution day next following the commencing day; and (b) in any other case—on the contribution day next following the day on which the person became an eligible employee; and subsequent basic contributions are payable on each succeeding contribution day during the period during which the person continues to be an eligible employee. (3) Where an eligible employee (not being an eligible employee referred to in paragraph (2)(a) who was an existing contributor) dies, or retires on the ground of invalidity, before the day on which, but for his or her death or retirement, his or her first fortnightly basic contribution would have been payable, that contribution shall be deemed to have become payable by him or her on the day on which he or she became an eligible employee.
(1) The amount of the fortnightly basic contribution payable by an eligible employee on a contribution day is an amount equal to 5 per centum of the fortnightly rate of salary that was payable (or is deemed by section 47 to have been payable) to the employee on the anniversary of his or her birth last preceding that contribution day or, if that amount is not a multiple of 10 cents, the next higher amount that is such a multiple. (2) However, an eligible employee may elect that the amount of the fortnightly basic contribution payable by the employee is an amount equal to 0% of the fortnightly rate of salary referred to in subsection (1).
Note: The election is suspended during some periods of leave of absence without pay of more than 12 weeks (see sections 51A and 51AA).
(3) To avoid doubt, while an election made by an eligible employee under subsection (2) is in force: (a) basic contributions continue to be payable by the employee; and (b) the amount of basic contribution that is payable by the employee is nil. (4) An eligible employee may revoke an election at any time. (5) An eligible employee who makes an election under subsection (2), or revokes an election under subsection (4), must give written notice of the election or revocation to CSC. (6) An election under subsection (2), or a revocation under subsection (4), takes effect from the first contribution day following the day on which notice of the election or revocation is given to CSC.
(1) If, on an anniversary of an eligible employee’s birth (in this subsection referred to as the relevant anniversary), his or her annual rate of salary is less than the highest annual rate of salary that was payable (or is deemed by a previous application of this subsection, or by subsection (3), to have been payable) to him or her on any day during the period commencing on the anniversary of his or her birth last preceding the relevant anniversary and ending on the day immediately preceding the relevant anniversary, his or her annual rate of salary on the relevant anniversary shall, unless he or she has made or makes an election under subsection (2) by virtue of a decrease in his or her annual rate of salary that occurred during that period, be deemed, for the purposes of section 46, and any subsequent application of this subsection, to be such rate as is relevant to the eligible employee under the regulations or if there is no such rate: (a) where paragraph (b) does not apply—that highest annual rate of salary; or (b) where, if: (i) there had not been any decrease in his or her annual rate of salary during the period beginning immediately after the last day on which that highest annual rate of salary was payable to him or her and ending on the relevant anniversary; and (ii) his or her annual rate of salary had been increased during the period by the same percentage as any overall percentage increase in AWOTE that occurred over the period (being an overall percentage increase worked out from estimates of changes in AWOTE in respect of the period published by the Australian Statistician, other than estimates published in substitution for earlier estimates); the annual rate of salary of the eligible employee on the relevant anniversary (in this paragraph called the imputed annual rate of salary) would be higher than that highest annual rate of salary—that imputed annual rate of salary. (2) If the annual rate of salary payable to an eligible employee decreases, the employee may, not later than 3 months after the anniversary of his or her birth next following the date of the decrease, elect, by notice in writing to CSC, that subsection (1) shall not apply in relation to his or her annual salary on that anniversary of his or her birth. (3) Where: (a) an eligible employee makes an election under subsection (2) by virtue of a decrease in his or her annual rate of salary; and (b) the annual rate of his or her salary on the anniversary of his or her birth next following the date of the decrease is less than the highest annual rate of salary that was payable to him or her on any day during the period commencing on the date of the decrease and ending on the day immediately preceding that anniversary; the annual rate of his or her salary on that anniversary shall, for the purposes of section 46 and subsection (1) of this section, be deemed to be such rate as is relevant to the eligible employee under the regulations or if there is no such rate: (c) where paragraph (d) does not apply—that highest annual rate of salary; or (d) where, if: (i) there had not been any decrease in his or her annual rate of salary during the period beginning immediately after the last day on which that highest annual rate of salary was payable to him or her and ending on the relevant anniversary; and (ii) his or her annual rate of salary had been increased during the period by the same percentage as any overall percentage increase in AWOTE that occurred over the period (being an overall percentage increase worked out from estimates of changes in AWOTE in respect of the period published by the Australian Statistician, other than estimates published in substitution for earlier estimates); the annual rate of salary of the eligible employee on the relevant anniversary (in this paragraph called the imputed annual rate of salary) would be higher than that highest annual rate of salary—that imputed annual rate of salary. (4) Where: (a) an eligible employee makes an election under subsection (2) by virtue of a decrease in his or her annual rate of salary; (b) the annual rate of salary payable to him or her immediately after the decrease is less than the rate of salary that was payable (or is deemed by subsection (1) or (3) to have been payable) to him or her on the anniversary of his or her birth last preceding the date of the decrease; and (c) the election is made before the anniversary of his or her birth next following the date of the decrease; the annual rate of his or her salary on the anniversary of his or her birth last preceding the date of the decrease shall, for the purpose of calculating the amount of the basic contribution payable by him or her on each contribution day occurring after the date of the election and before the anniversary of his or her birth next following that date, be deemed to be the annual rate of his or her salary immediately after the decrease.
An eligible employee may, on any contribution day, pay a supplementary contribution of such amount as the employee determines.
(1) If the designated employer of an eligible employee deducts a fortnightly basic contribution or a supplementary contribution from the employee’s salary: (a) the employer is to pay the amount deducted to CSC; and (b) if an amount deducted is not paid to CSC on the day on which it is deducted and CSC directs that this paragraph is to apply in relation to the amount—the employer is to pay to CSC interest on the amount in respect of the period beginning on the day on which the amount is deducted and ending on the day immediately before the day on which the amount is paid. (2) CSC is to pay to the Fund any interest paid to CSC under paragraph (1)(b).
Scope of section (1) This section applies to a person if: (a) the person is, or at any time has been, an eligible employee; and (b) the person, while an eligible employee, has been on leave of absence without pay for a period longer than 12 weeks; and (c) the period of leave of absence is not an excluded period of leave of absence; and (d) where the period of leave of absence starts after 30 June 2003—the person’s designated employer has stopped making payments to the Commonwealth in respect of benefits that become payable under this Act to or in respect of the person.
Note: Subsection (3) prohibits a person to whom this section applies from making contributions during the period of leave of absence without pay.
Excluded periods (during which person is permitted to make contributions) (2) For the purposes of subsection (1), the following periods of leave of absence of a person are, subject to subsections (2AA) and (2B), excluded periods of leave of absence: (a) a period of leave of absence during which the person’s liability to make contributions is deferred under subsection 54(1); (b) a period of sick leave without pay; (d) a period of compensation leave granted under the Safety, Rehabilitation and Compensation Act 1988 or the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988; (da) a period of leave of absence because of a service injury or disease (within the meaning of the Military Rehabilitation and Compensation Act 2004) in respect of which the person is receiving compensation under section 86 (part‑time Reservists) or 127 (former member maintained in hospital) of that Act; (f) subject to subsection (2A), a period of leave of absence for the purpose of engaging in other employment (other than employment by an approved organisation) if: (i) in respect of a person employed in an APS Agency—the Agency Head of the Agency is satisfied that the engaging by the person in the other employment is in the interests of the Australian Public Service; or (ii) in respect of any other person—the person’s employer is satisfied that the engaging by the person in the other employment is in the employer’s interests; (g) subject to subsection (2A), a period of leave of absence for the purpose of engaging in employment by an approved organisation; (h) subject to subsection (2BC), a period of leave of absence in respect of which there is in force an agreement made (whether before or after the end of the period) between the Minister and CSC declaring the period to be an excluded period of leave of absence. (2AA) Subsection (2) does not apply in respect of a period, or a part of a period, of leave of absence occurring after the commencement of this subsection in respect of which the person is, because of section 45A, not entitled to pay contributions. Certain transfers of employment (during which person is permitted to make contributions) (2A) Subject to subsection (2BA), paragraph (2)(f) or (g) does not apply in respect of a period, or a part of a period, of leave of absence granted to a person unless the following requirements have been complied with: (a) if the person is ordinarily employed by one of the following Governments, authorities or bodies (the usual employer): (i) the Government of the Australian Capital Territory or of the Northern Territory; (ii) an authority or body established by or under a law of the Australian Capital Territory or of the Northern Territory; (iii) the Australian National University; (v) another authority or body declared by the Minister, by signed writing, to be an authority or body to which this subparagraph applies; the person’s employer in respect of the employment engaged in during the period, or the part of the period, of leave of absence (the temporary employer) makes payments to the usual employer of such amounts, or at such rates, as are determined in respect of the person during the period or the part of the period by: (vi) if the usual employer is an authority or body established by or under a law of the Australian Capital Territory or of the Northern Territory—the Government of the Territory concerned; or (vii) otherwise—the usual employer; (b) if the person is ordinarily employed by one of the following authorities or bodies (the usual employer) that is not an authority or body referred to in paragraph (a): (i) an approved authority; (ii) another authority or body referred to in subsection 159(1); (iii) a body referred to in item 2.1 of Schedule 1 to the Superannuation (Continuing Contributions for Benefits) Regulations; the person’s employer in respect of the employment engaged in during the period, or the part of the period, of leave of absence (the temporary employer): (iv) makes payments to the usual employer of such amounts, or at such rates, as the Minister determines in respect of the person during the period or the part of the period; and (v) makes those payments at the times at which payments are required to be made to the Commonwealth under section 159 by authorities or bodies to which that section applies; (c) if the person is ordinarily employed by someone other than a Government, authority or body referred to in paragraph (a) or (b)—the person’s employer in respect of the employment engaged in during the period, or the part of the period, of leave of absence (the temporary employer) makes payments to the Commonwealth of such amounts or at such rates, and at such times, as the Minister determines in respect of the person during the period or the part of the period. (2B) Subject to subsection (2BA), except in respect of a person who is not a productivity employee within the meaning of Part VIA or is, under an agreement made between the Minister and CSC, exempted from the operation of this subsection, subsection (2) does not apply in respect of a period, or a part of a period, of leave of absence granted to a person unless: (a) if the leave of absence was granted so that the person could engage in other employment—the other employer; or (b) otherwise—the employer by whom the person is ordinarily employed; makes payments to CSC in respect of the person, during the period, or the part of the period, of leave of absence, of productivity contributions of the amounts worked out under section 110C. (2BA) Subsections (2A) and (2B) have effect in relation to a particular period of leave granted to a person, or a particular part of such a period, subject to any modifications agreed between the Minister and CSC in relation to the person in respect of the period or the part of the period, as the case may be. (2BB) In paragraphs (2)(f) and (g):
approved organisation means:
(a) an organisation registered or an association recognised under the Fair Work (Registered Organisations) Act 2009 whose membership includes people who are eligible employees or members of the Public Sector Superannuation Scheme; or
(b) a body consisting of organisations referred to in paragraph (a).
Minister and CSC agreements that period is an excluded period (2BC) An agreement made under paragraph (2)(h) in respect of a period of leave of absence may be subject to such conditions as are set out in the agreement, and, if any such conditions are contravened in relation to the period or a part of the period, that paragraph does not apply in respect of the period or the part of the period, as the case may be. (2BD) The Minister and CSC may at any time vary or terminate an agreement made under paragraph (2)(h). Prohibition on making contributions during period of unpaid leave (3) A person to whom this section applies is not required or permitted, and shall be deemed not to have been required or permitted, to make contributions on any contribution day occurring during the period of leave of absence without pay, and the regulations may make provision for modifying this Act, or a provision of this Act specified in the regulations, in the application of this Act or that provision to and in relation to a person to whom this section applies, or to and in relation to a prescribed class of such persons. (4) The modifications that may be made by regulations in pursuance of subsection (3) include, but are not limited to, modifications providing for benefits in addition to, or in substitution for, benefits provided for by this Act. Anticipating that a person will be on unpaid leave for more than 12 weeks (5) For the purposes of this section, an eligible employee who is on leave of absence without pay but has not been on leave of absence without pay for a period that exceeds 12 weeks, but is expected to be on leave of absence without pay for a period exceeding 12 weeks, shall, except as otherwise provided by the regulations, be deemed to have been on leave of absence without pay for a period exceeding 12 weeks. Section does not apply to maternity and parental leave etc. (6) A person who is on leave of absence without pay for reasons related to: (a) the birth of a child of the person or of the spouse, or de facto partner within the meaning of the Acts Interpretation Act 1901, of the person; or (b) the termination (otherwise than by child‑birth) of a pregnancy of the person; or (c) the adoption of a child by the person; is taken, for the purposes of this section, not to be absent during that period on leave of absence without pay. (7) The reference in paragraph (6)(a) to the birth of a child of the person includes a reference to the birth of a child who is a child of the person within the meaning of the Family Law Act 1975.
(1) This section applies to a person if: (a) the person is, or at any time has been, an eligible employee; and (b) the person, while an eligible employee, has been on leave of absence without pay for a period of more than 12 weeks; and (c) paragraph 51(2)(b), (d), (da), (f) or (g) applies in respect of the period; and (d) the person has (whether before or after the period of leave began) made an election under subsection 46(2) (contributions of 0%) that is in force. (2) Despite the election made under subsection 46(2), the person is required to make contributions, on each contribution day occurring during the period of leave, of the amount that is payable under subsection 46(1).
Note: Subsection 46(1) requires a person to pay 5% of his or her fortnightly rate of salary. However, the person would be permitted to make contributions of 0% after the period of leave ends (without making a further election).
(3) For the purposes of this section, an eligible employee is taken to have been on leave of absence without pay for a period of more than 12 weeks if: (a) the employee has been on leave of absence without pay for a period of less than 12 weeks; but (b) the employee is expected to be on leave of absence without pay for a period of more than 12 weeks. (4) The regulations may modify the operation of this section in relation to: (a) a person to whom this section applies; or (b) a prescribed class of such persons.
(1) This section applies to a person: (a) who is, or at any time has been, an eligible employee; and (b) who, on or after 1 July 1990, has been, while an eligible employee, on leave of absence without pay for reasons related to: (i) the birth of a child of the person or of the spouse, or de facto partner within the meaning of the Acts Interpretation Act 1901, of the person; or (ii) the termination (otherwise than by child‑birth) of a pregnancy of the person; or (iii) the adoption of a child by the person. (2) Subject to this section, where this section applies to a person in respect of a period of leave of absence, the person is not required or permitted to make contributions on any contribution day occurring during that period. (3) A person to whom this section applies in respect of a period of leave of absence may, by writing addressed to CSC, elect to pay contributions on any contribution day that: (a) occurs during that period of leave of absence; and (b) is specified in the instrument of election; and (c) is not a contribution day earlier than the day of election. (4) Where a person makes an election under subsection (3), the person is required to pay, on each contribution day to which the election relates, the contribution or contributions (as the case may be) that, but for subsection (2), would be payable under subsection 46(1) (despite any election in force under subsection 46(2)) by the person on that day.
Note: Subsection (4) requires a person to pay 5% of his or her fortnightly rate of salary even if an election by the person to pay 0% of that salary is in force under subsection 46(2). However, the person would be permitted to make contributions of 0% after the period covered by the election under subsection (3) ends (without making a further election under subsection 46(2)).
(5) For the purposes of the definition of period of contributory service in subsection 3(1): (a) if a person to whom this section applies in respect of a period of leave of absence does not make an election under subsection (3)—the whole of the period of leave of absence is taken to be a non‑contributory period of service for the person; or (b) if the person elects to pay contributions in respect of a number, but not all, of the contribution days included in the period of leave of absence: (i) there must be deducted from the number of days included in the period of leave of absence 14 days in respect of each of those contribution days; and (ii) the period consisting of the resulting number of days is taken to be a non‑contributory period of service for the person. (6) The regulations may make provisions for modifying this Act, or a provision of this Act specified in the regulations, in the application of this Act or that provision to and in relation to a person to whom this section applies, or to and in relation to a prescribed class of such persons. (7) The modifications that may be made by the regulations in pursuance of subsection (6) include, but are not limited to, modifications providing for benefits in addition to, or in substitution for, benefits provided for by this Act. (8) The reference in subparagraph (1)(b)(i) to the birth of a child of a person includes a reference to the birth of a child who is a child of the person within the meaning of the Family Law Act 1975.
Where an eligible employee is on leave of absence, either without pay or with less than full pay, CSC may, upon application in writing by or on behalf of the eligible employee, permit him or her to make payment of the contributions falling due during the absence in such instalments and at such times as CSC approves.
(1) Contributions payable under this Act shall, subject to subsection (2), be paid to CSC by or on behalf of the person liable to pay the contributions. (2) Contributions payable under this Act by an eligible employee may be deducted from his or her salary and any contributions so deducted shall be paid to CSC. (3) CSC shall pay all contributions received by it under this section into the Fund.
(1) Where an eligible employee is or becomes liable to contribute under the Defence Force Retirement and Death Benefits Act or the MSB Act, his or her liability to make contributions under this Act is deferred until, for any reason (including death): (a) he or she ceases (otherwise than by reason of the operation of section 18 of the Defence Force Retirement and Death Benefits Act) to be liable to contribute under that Act; or (b) he or she ceases to be an eligible employee; whichever first occurs, but, upon his or her so ceasing to be liable or so ceasing to be an eligible employee, the amount of the deferred contributions shall be paid to CSC. (2) Subsection (1) does not apply to an eligible employee who, immediately before becoming liable to contribute under the Defence Force Retirement and Death Benefits Act or the MSB Act, is entitled to retirement pay or pension (as the case requires) under that Act or pension under the Defence Forces Retirement Benefits Act 1948 or that Act as amended and in force from time to time or under any other Act that relates to retirement benefits for members of the Defence Force and modifies or affects the provisions of the Defence Forces Retirement Benefits Act 1948 or that Act as amended and in force from time to time. (3) Subsection (1) does not apply, and shall be deemed never to have applied, to an eligible employee who, upon ceasing to be liable to contribute under the Defence Force Retirement and Death Benefits Act, becomes entitled to retirement pay under section 23 of that Act.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Superannuation Act 1976.
This Act shall come into operation on 1 July 1976.
(1) In this Act, unless the contrary intention appears:
accumulated basic contributions, in relation to a person who has ceased to be an eligible employee, means an amount equal to the sum of the basic contributions that have been, or are deemed to have been, paid, or have become payable, by him or her on or after his or her first day of service and the amount of any interest on those contributions together with, in the case of a person who had previously ceased to be an eligible employee on an occasion earlier than his or her first day of service, any amount that, under section 7A, is to be added to the amount of his or her accumulated basic contributions.
accumulated contributions, in relation to a person who has ceased to be an eligible employee, means the sum of:
(a) the person’s accumulated basic contributions; and
(b) the person’s accumulated supplementary contributions (if any);
less, if the person has made an election under section 80B or subsection 136(3A) or if the person’s spouse has made an election under subsection 92(1A), the person’s surcharge deduction amount.
accumulated employer contributions has the meaning given by section 110Q.
accumulated performance pay employee contributions, in relation to a person, means the sum of:
(a) an amount equal to the difference between:
(i) the sum of the amounts paid into a declared fund (within the meaning of the Superannuation (Productivity Benefit) Act 1988) in respect of the person under paragraph 11(1)(a) of the Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 6 (Statutory Rules 1993, No. 34); and
(ii) the sum of any amounts deducted by way of charges or fees from those amounts by the trustee of the fund; and
(b) interest on the amount mentioned in paragraph (a).
accumulated performance pay employer contributions, in relation to a person, means the sum of:
(a) an amount equal to the difference between:
(i) the sum of the amounts paid into a declared fund (within the meaning of the Superannuation (Productivity Benefit) Act 1988) in respect of the person under paragraph 11(1)(b) of the Superannuation (Productivity Benefit) Alternative Arrangements Declaration No. 6 (Statutory Rules 1993, No. 34); and
(ii) the sum of any amounts in the nature of income tax relevant to those amounts and any amounts deducted by way of charges or fees from those amounts by the trustee of the fund; and
(b) interest on the amount mentioned in paragraph (a).
accumulated supplementary contributions, in relation to a person who has ceased to be an eligible employee, means an amount equal to the sum of the supplementary contributions that have been, or are deemed to have been, paid, or have become payable, by him or her on or after his or her first day of service and the amount of any interest on those contributions together with, in the case of a person who had previously ceased to be an eligible employee on an occasion earlier than his or her first day of service, any amount that, under section 7A, is to be added to the amount of his or her accumulated supplementary contributions.
age retirement pension means pension payable under Division 1 of Part V.
amount includes a nil amount.
approved authority means:
(a) an authority or other body that is declared by the Minister, by legislative instrument, to be an approved authority for the purposes of this Act and is:
(i) a body corporate incorporated, whether before or after the commencement of this Act, for a public purpose by an Act, regulations made under an Act or a law of a Territory; or
(ii) an authority or body, not being a body corporate, established, whether before or after the commencement of this Act, for a public purpose by, or in accordance with the provisions of, an Act, regulations made under an Act or a law of a Territory; or
(iii) a company or other body corporate incorporated, whether before or after the commencement of this Act, under a law of the Commonwealth or of a State or Territory, being a body corporate in which the Commonwealth has a controlling interest; or
(iv) an authority or body established, whether before or after the commencement of this Act, and whether by or in accordance with the provisions of an Act, regulations made under an Act or a law of a Territory or otherwise, and whether a body corporate or not, being an authority or body which is financed in whole or in substantial part, either directly or indirectly, by moneys provided by the Commonwealth; or
(v) a company or other body corporate incorporated, whether before or after the commencement of this subparagraph, under an Act or a law of a State or Territory, being a company or body corporate in which:
(A) an authority or body referred to in subparagraph (i), (ii), (iii) or (iv), or that is an approved authority because of paragraph (b), has; or
(B) the Commonwealth and one, or more than one, such authority or body together have; or
(C) 2 or more such authorities or bodies together have;
a controlling interest; or
(b) an authority or body that, immediately before the commencement of this Act, was an approved authority for the purposes of the superseded Act other than such an authority or body in relation to which a declaration under subsection (2A) is in force.
approved medical practitioner means a medical practitioner approved by CSC for the purposes of this Act.
approved part‑time employee means:
(a) a part‑time employee included in a class of part‑time employees declared by the Minister, by notice published in the Gazette, to be an approved class of part‑time employees for the purposes of this Act; or
(b) a person who:
(i) is the holder of a statutory office; and
(ii) performs the duties of the office on a part‑time basis;
and is included in a class of such persons declared by the Minister, by notice published in the Gazette, to be an approved class of part‑time employees for the purposes of this Act.
APS Agency means an Agency within the meaning of the Public Service Act.
ASIC means the Australian Securities and Investments Commission.
asking a question includes making a request (whether oral or in writing) for information.
associate member means a person who is entitled to a benefit under section 146MB or 146MC.
AWOTE means full‑time adult average weekly ordinary time earnings for all persons in Australia.
basic contributions means contributions paid or payable under section 45.
benefit means pension or other benefit payable under this Act, and:
(a) includes a release authority lump sum (within the meaning of Part IXC) paid in relation to a release authority issued to a person under Subdivision 135‑A in Schedule 1 to the Taxation Administration Act 1953; but
(b) does not include a payment made out of the Fund that is required to be made under:
(i) a release authority given to CSC under former section 292‑410 of the Income Tax Assessment Act 1997; or
(ii) a transitional release authority given to the Board under section 292‑80B of the Income Tax (Transitional Provisions) Act 1997; or
(iii) a release authority issued under former item 1 or 2 of the table in subsection 135‑10(1) in Schedule 1 to the Taxation Administration Act 1953.
benefit classification certificate, in relation to a person, means a certificate in force in respect of the person under section 16.
Board has the same meaning as in the Superannuation Act 1990.
category 1 deceased pensioner means a deceased pensioner who:
(a) before his or her death, was entitled to receive age retirement pension or early retirement pension; and
(b) had not elected under section 57AA or 61AB (as the case may be) to be paid that pension at a reduced rate.
category 2 deceased pensioner means a deceased pensioner who:
(a) before his or her death, was entitled to receive age retirement pension or early retirement pension; and
(b) had elected under section 57AA or 61AB (as the case may be) to be paid that pension at a reduced rate.
child, in relation to a person who has died, means:
(a) a child of the person, including:
(i) an adopted child, an ex‑nuptial child, a foster child, a stepchild or a ward, of the person; and
(ii) someone who is a child of the person within the meaning of the Family Law Act 1975; or
(b) a child of a spouse of the person, including:
(i) an adopted child, an ex‑nuptial child, a foster child, a stepchild or a ward, of the spouse; and
(ii) someone who is a child of the spouse within the meaning of the Family Law Act 1975.
commencing day means 1 July 1976.
Commissioner means the Commissioner for Superannuation appointed under section 17, as in force before its repeal by item 183 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011.
contribution day means, subject to section 3A, the Thursday that falls on 8 July 1976, and each succeeding alternate Thursday.
contributions means basic contributions or supplementary contributions.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
CSS means the superannuation scheme established by this Act.
Defence Force Retirement and Death Benefits Act means the Defence Force Retirement and Death Benefits Act 1973.
deferred annuity has the same meaning as in the SIS Act.
designated employer has the meaning given by section 3C.
early retirement pension means pension payable under Division 2 of Part V.
eligible child, in relation to a person who has died and was, at the time of his or her death, an eligible employee or a retirement pensioner, means a person who:
(a) is a child of the deceased person; and
(b) is a person who:
(i) is under the age of 18 years; or
(ii) has reached the age of 18 years but is under the age of 25 years and is receiving full‑time education at a school, college or university; and
(c) immediately before the deceased person’s death:
(i) was (except where the person is a child of a spouse of the deceased person, but not of the deceased person) living with the deceased person;
(ii) was, in the opinion of CSC, wholly or substantially dependent upon the deceased person; or
(iii) where the person is a child born after the deceased person’s death—would have been, in the opinion of CSC, living with the deceased person or so dependent if the person had been born before the death of the deceased person.
eligible employee means:
(a) a person who, immediately before the commencement of this Act, was an employee for the purposes of the superseded Act and has continued to be, and is, such an employee; and
(b) a person who is a permanent employee; and
(c) a person who is a temporary employee and is specified in a direction given under section 11 or 13; and
(d) a person who is the holder of a statutory office and is specified in a direction given under subsection 14(1) in relation to that statutory office; and
(e) a person:
(i) who is a temporary employee; or
(ii) who is the holder of a statutory office to which he or she was appointed on a full‑time basis;
and who, immediately before the commencement of the employment by reason of which he or she is such a temporary employee or his or her appointment to that office, was an eligible employee by virtue of another paragraph of this definition or a previous application of this paragraph; and
(ea) a person to whom section 14A of this Act as previously in force applied immediately before that section was repealed; and
(eb) a person who has made an election under section 6A of the Superannuation Act 1990; and
(ec) a person included in a class of persons declared by the Minister, by legislative instrument, to be eligible employees for the purposes of this Act; and
(f) a person:
(i) who is a temporary employee; or
(ii) who is the holder of a statutory office;
and to whom, immediately before becoming a temporary employee or the holder of that office, invalidity pension was payable and who is specified in a direction given under subsection 15(1);
but, in relation to a person to whom any of the preceding paragraphs of this definition applies, does not include: (h) a person to whom the Judges’ Pensions Act 1968 applies; or (i) a person who, immediately before the commencement of this paragraph, was included in a class of persons that, under the regulations in force at that time, were not eligible employees for the purposes of this Act; or (j) a person included in a class of persons declared by the Minister, by legislative instrument, not to be eligible employees for the purposes of this Act; or (k) a person who is a member of a scheme for the provision of superannuation benefits conducted by the Health Insurance Commission; or (l) a person who is eligible for membership of a scheme referred to in paragraph (k), not being a person who: (i) within the period, or the appropriate period, prescribed by that scheme for electing to become a member of that scheme, requests CSC, in writing, to direct that the person be treated as an eligible employee for the purposes of this Act; or (ii) at the expiration of the period, or the appropriate period, referred to in subparagraph (i), has not elected to become a member of that scheme; or (m) a person who, under section 15A, is excluded from this definition.
eligible roll‑over fund means a fund in respect of which a declaration by the ISC under section 243 of the SIS Act is in force.
employer component, in relation to a benefit payable in respect of a person under Part VIAB, means that part of the benefit that is payable because of:
(a) the accumulated performance pay employer contributions of the person; and
(b) if the person’s transferable productivity amount was paid to CSC under section 110SL or was paid first to the trustee of another superannuation entity and then an amount in respect of that transferable productivity amount was paid under section 110SL by that trustee to CSC—the person’s transferable productivity amount.
exempt public sector superannuation scheme has the same meaning as in the SIS Act.
existing contributor means a person who is, or has at any time been, a person referred to in paragraph (a) of the definition of eligible employee in this subsection and who, immediately before the commencing day, was a contributor for the purposes of the superseded Act.
extra spouse’s pension means pension payable under Division 3A of Part VI.
final annual rate of salary, in relation to a person who has ceased to be an eligible employee, means:
(a) if paragraph (b), (c) or (d) does not apply in relation to the person—the person’s annual rate of salary on his or her last day of service; or
(b) if the annual rate of salary by reference to which his or her final basic contribution (including a final basic contribution of nil) was calculated is higher than the rate specified in paragraph (a)—that higher rate; or
(c) if his or her annual rate of salary was higher than the rate referred to in paragraph (a) or (b) at any time on or after:
(i) the anniversary of his or her birth last preceding his or her last day of service; or
(ii) where, on or after that anniversary, he or she made an election under section 47 in respect of a reduction in his or her annual rate of salary—the date of the election;
that higher rate; or
(d) if the pers
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