Commonwealth legislation

Superannuation (CSS) (Involuntary Retirement) Regulations

In ForceCTH

Jurisdiction

Commonwealth

Act Number

231 of 1994

Collection

legislative instrument

Plain English Summary

2/10 complexity

These Regulations add a narrow rule: for Commonwealth Superannuation Scheme (CSS) purposes, an ACT public servant whose employment ends by retirement under sections 127, 128 or 137 of the Public Sector Management Act 1994 is treated as retiring “otherwise than under the Public Service Act” (Reg 3). That classification determines which CSS benefits apply. Who pays: CSS benefits are met from the scheme; who decides: scheme administrators apply the new definition; compliance burden and discretion are minimal but require confirming the statutory basis for the ACT retirement (Reg 3).

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Current sections

Direct links to the current provisions in Superannuation (CSS) (Involuntary Retirement) Regulations.

Superannuation (CSS) (Involuntary Retirement) Regulations

Statutory Rules 1994 No. 2311

__________________

Superannuation (CSS) (Involuntary Retirement) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation Act 1976.

Dated 30 June 1994.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

KIM C. BEAZLEY

Minister for Finance

____________

Citation

These Regulations may be cited as the Superannuation (CSS) (Involuntary Retirement) Regulations.

Note: [NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

Interpretation

In these Regulations, unless the contrary intention appears:

“the Act” means the Superannuation Act 1976.

Prescribed circumstances in which a person retires, or has employment or appointment terminated

For the purposes of paragraph 58 (3) (h) of the Act, a person’s retirement under section 127, 128 or 137 of the Public Sector Management Act 1994 of the Australian Capital Territory is a prescribed circumstance in which the person retires otherwise than under the Public Service Act.

_________________________________________________

NOTE

Note: 1. Notified in the Commonwealth of Australia Gazette on 30 June 1994.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Superannuation (CSS) (Involuntary Retirement) Regulations

Statutory Rules 1994 No. 2311

__________________

Superannuation (CSS) (Involuntary Retirement) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Superannuation Act 1976.

Dated 30 June 1994.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

KIM C. BEAZLEY

Minister for Finance

____________

Citation

These Regulations may be cited as the Superannuation (CSS) (Involuntary Retirement) Regulations.

Note: [NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

Interpretation

In these Regulations, unless the contrary intention appears:

“the Act” means the Superannuation Act 1976.

Prescribed circumstances in which a person retires, or has employment or appointment terminated

For the purposes of paragraph 58 (3) (h) of the Act, a person’s retirement under section 127, 128 or 137 of the Public Sector Management Act 1994 of the Australian Capital Territory is a prescribed circumstance in which the person retires otherwise than under the Public Service Act.

_________________________________________________

NOTE

Note: 1. Notified in the Commonwealth of Australia Gazette on 30 June 1994.