1Superannuation (CSS) Retiring Age Regulations

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Superannuation (CSS) Retiring Age Regulations

Statutory Rules 1977 No. 106 as amended

made under the

Superannuation Act 1976

This compilation was prepared on 3 November 2000
taking into account amendments up to SR 1996 No. 105

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

1 Citation [see Note 1]

2 Commencement

3 Definition

4 Maximum retiring age

Notes

1 Citation [see Note 1]

These Regulations may be cited as the Superannuation (CSS) Retiring Age Regulations.

2 Commencement

These Regulations shall be deemed to have taken effect from and including 1 July 1976.

3 Definition

In these Regulations, the Act means the Superannuation Act 1976.

4 Maximum retiring age

(1) For the purposes of the definition of maximum retiring age in subsection 3 (1) of the Act, if:

(a) a person is an eligible employee; and

(b) under the terms and conditions of the person’s employment or appointment the maximum age for the retirement of the person is an age less than 65 years;

the maximum retiring age in relation to the person is the maximum age for the retirement of the person under those terms and conditions.

(1A) For the purposes of the definition of maximum retiring age in subsection 3 (1) of the Act, if:

(a) a person is no longer an eligible employee; and

(b) under the terms and conditions of the person’s employment or appointment immediately before the person last ceased to be an eligible employee the maximum age for the retirement of the person was an age less than 65 years;

the maximum retiring age in relation to the person is the maximum age for the retirement of the person under those terms and conditions.

(2) Subregulation (1) does not apply in relation to an eligible employee, being an existing contributor, who was, immediately before the commencing day, contributing under the superseded Act for units of pension at rates based on a retiring age of 65 years.

(3) In subregulation (1) or (1A), a reference to terms and conditions includes a reference to any law of the Commonwealth affecting the maximum retiring age of a person to whom that subregulation applies.

Notes to the Superannuation (CSS) Retiring Age Regulations