1
Citation \[see Note 1\]
1 Citation [see Note 1]
These Regulations may be cited as the Superannuation (CSS) Transfer Arrangements Regulations.
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Commonwealth legislation
These Regulations adapt the Superannuation Act to convert entitlements from several older schemes into Commonwealth Superannuation Scheme (CSS) treatment for named office‑holders and prescribed transferee groups. They prescribe how transfer values are split, when past service is deemed credited, and when repayments or elections must be made. The result can materially change contributory service and pension amounts; outcomes depend on timely payments/elections and discretionary decisions by the Commissioner (with a narrow PSS Board role).
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Superannuation (CSS) Transfer Arrangements Regulations.
1 Citation [see Note 1]
These Regulations may be cited as the Superannuation (CSS) Transfer Arrangements Regulations.
2 Commencement
These Regulations shall be deemed to have taken effect from and including 7 July 1977.
3 Interpretation
In these Regulations, unless the contrary intention appears:
Act means the Superannuation Act 1976.
transfer value has the meaning given by subsection 127 (1) of the Act.
4 Application of the Act to the Chairman of the Tertiary Education Commission
The Act and the provisions of the Act specified in Schedule 1 apply subject to the modifications specified in Schedule 1 to and in relation to the person who:
(a) on 7 July 1977, holds the office of the Chairman of the Tertiary Education Commission and becomes an eligible employee by virtue of a direction given by the Commissioner in respect of him under section 14 of the Act; and
(b) was, immediately before so becoming an eligible employee, by virtue of an agreement made
on 22 December 1971 between himself and the Commonwealth, a member of a superannuation scheme.
5 Application of the Act to certain employees of Commonwealth Accommodation and Catering Services Limited
(1) Subject to subregulation (2), the Act applies subject to the modifications set out in Schedule 2 to persons to whom section 126 of the Act applies and who:
(a) became eligible employees on 8 June 1980; and
(b) were, on that day, employed by Commonwealth Accommodation and Catering Services Limited; and
(c) were, immediately before so becoming eligible employees, members of the superannuation scheme known as the Commonwealth Hostels Provident Fund.
(2) The modifications of the Act set out in Schedule 2 do not apply in relation to a person referred to in subregulation (1) who receives a transfer value:
6 Application of Act to certain employees of Anglo-Australian Telescope Board
The Act and the provisions of the Act specified in Schedule 3 apply subject to the modifications specified in Schedule 3 to and in relation to those persons to whom section 126 of the Act applies who:
(a) become, on 1 February 1981, eligible employees;
(b) are, on that day, employed by the Anglo-Australian Telescope Board; and
(c) were, immediately before so becoming eligible employees, members of the superannuation scheme known as the Anglo-Australian Telescope Project Staff Superannuation Fund.
7 Application of the Act to the Director-General of Health
The Act and the provisions of the Act specified in Schedule 4 apply subject to the modifications specified in Schedule 4 to and in relation to the person who:
(a) on 10 September 1984, becomes an eligible employee by virtue of his holding the office of Director-General of Health; and
(b) was, for the period commencing on 13 February 1958 and ending on the expiration of 31 May 1974, a contributor to the Superannuation Fund established under the superseded Act.
8 Application of the Act to the Chairman of the Advanced Education Council
The Act and the provisions of the Act specified in Schedule 5 apply subject to the modifications specified in that Schedule to and in relation to the person who:
(a) on 4 December 1984, holds the office of the Chairman of the Advanced Education Council and becomes an eligible employee by virtue of a direction given by the Commissioner under subsection 14 (1) of the Act; and
(b) was, before so becoming an eligible employee, a member of the superannuation scheme constituted by the Superannuation Act, 1974 of the State of South Australia.
9 Application of the Act to an officer of the Department of Health
(1) Subject to subregulation (2), the Act applies subject to the modifications set out in Schedule 6 to the person who:
(a) on 19 December 1985 became an eligible employee by virtue of holding the office of First Assistant Secretary, Health Services Financing Division, Department of Health; and
(b) was, before so becoming an eligible employee, a member of the superannuation scheme constituted by the Superannuation Act, 1974 of the State of South Australia.
(2) The modifications of the Act set out in Schedule 6 do not apply in relation to the person referred to in subregulation (1) if that person receives a transfer value:
10 Application of the Act to the Managing Director of the Australian Trade Commission
The Act and the provisions of the Act specified in Schedule 7 apply subject to the modifications specified in Schedule 7 to and in relation to the person who:
(a) on 3 February 1986, holds the office of Managing Director of the Australian Trade Commission and becomes an eligible employee by virtue of a direction given by the Commissioner under subsection 14 (1) of the Act; and
(b) was, for the period commencing on 8 February 1966 and ending on the expiration of 31 December 1977, a member of a superannuation scheme known as the Kennecott Pension Plan.
11 Application of the Act to certain transferring TAFE teachers
(1) Subject to subregulation (2), the Act applies subject to the modifications set out in Schedule 8 to those persons to whom section 126 of the Act applies and who:
(a) on 31 March 1977, became eligible employees by virtue
of their becoming, on that day, officers of the Commonwealth Teaching Service; and
(b) immediately before becoming officers of that Service:
(i) were employed in the teaching service of the State of New South Wales; and
(ii) were engaged in full-time teaching duties in the Australian Capital Territory in connection with the provision of technical and further education; and
(c) on 30 March 1977 were members of the superannuation scheme constituted by the Superannuation Act 1916 of the State of New South Wales, as in force on that day; and
(d) since becoming eligible employees as set out in paragraph (a):
(i) have continued to be eligible employees; or
(ii) have, on only one occasion, ceased to be eligible employees and have not, after so ceasing, again become eligible employees.
(2) The modifications of the Act set out in Schedule 8 do not apply in relation to a person referred to in subregulation (1) who receives a transfer value:
(3) In subregulation (1):
technical and further education means education provided by way of a course of instruction or training that:
(a) is, or is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation; or
(b) otherwise meets the educational needs of persons who are not enrolled in a full-time course of education at a primary school, a secondary school or a secondary college.
12 Application of the Act to Chairperson of the National Board of Employment, Education and Training
The Act and the provision of the Act specified in Schedule 9 apply subject to the modification specified in that Schedule to and in relation to the person who:
(a) on 1 February 1989, holds the office of the Chairperson of the National Board of Employment, Education and Training and becomes an eligible employee by virtue of a direction given by the Commissioner under subsection 14 (1) of the Act; and
(b) was, before so becoming an eligible employee, a member of the Superannuation Scheme for Australian Universities.
13 Application of the Act to certain persons to whom deferred benefits are applicable or payable under the superseded Act
(1) For the purposes of subsection 126 (2) of the Act and the provisions of the Act specified in Schedule 10, the following class of persons is a prescribed class of persons to whom section 126 of the Act applies, namely persons:
(a) to whom deferred benefits as pension (other than in the form of a pension payable under section 46, 47 or 48 of the superseded Act) are applicable or payable under the superseded Act; and
(b) who have, or will, become eligible employees;
other than a person:
(c) referred to in paragraph (a) of the definition of eligible employee in subsection 3 (1) of the Act; or
(d) who has at any time ceased to be an eligible employee and again becomes an eligible employee, not being a person referred to in subsection 8 (1), (2) or (3) of the Act.
(2) The Act in its application to the prescribed class of persons referred to in subregulation (1) is modified in accordance with the modifications specified in Schedule 10.
14 Application of the Act to certain persons who have received payments under section 80 of the Act or section 51 or 85 of the superseded Act
(1) This regulation applies to a person to whom section 126 of the Act applies if, before becoming, or last becoming, an eligible employee:
(a) the person received an amount under section 51 or 85 of the superseded Act by reason of the operation of subsection 119Y (2) of that Act; or
(b) the person received an amount under section 80 of the Act by reason of the operation of subsection 141 (2) of the Act; or
(c) the person:
(i) received an amount under section 51 or 85 of the superseded Act; and
(ii) at the end of the period that, under subsection 119N (1) of that Act, was the prescribed period in relation to the person, was employed in employment that, under subsection 119Q (1) of that Act, was declared to be public employment in relation to the person or to the class of persons of which the person was a member; and
(iii) at the end of that period, was a member of a superannuation scheme (other than an eligible superannuation scheme) applicable to that employment; and
(iv) paid an amount equivalent to that amount to the person administering that scheme in exchange for benefits under that scheme; or
(d) the person:
(i) received an amount under section 80 of the Act; and
(ii) at the end of the period that, under subsection 131 (1) of the Act, was the prescribed period in relation to the person, was employed in employment that, under subsection 133 (1) of the Act, was declared to be public employment in relation to the person or to the class of persons of which the person was a member; and
(iii) at the end of that period, was a member of a superannuation scheme (other than an eligible superannuation scheme) applicable to that employment; and
(iv) paid:
(A) an amount equivalent to that amount; or
(B) if the person has an entitlement of a kind referred to in paragraph 141 (2) (c) of the Act to pay a lesser amount to the person administering that scheme — that lesser amount;
to the person administering that scheme in exchange for benefits under that scheme.
(2) In its application to and in relation to a person to whom this regulation applies, the Act is modified as specified in Schedule 11.
15 Application of Act to certain persons who become members of the Public Sector Superannuation Scheme
The Act is modified in accordance with Schedule 12 in its application to a person to whom section 126A of the Act applies by reason of the person:
(a) having ceased to be an eligible employee; and
(b) having become a member of the Public Sector Superannuation Scheme;
following the making of a declaration and election referred to in paragraph 4 (1) (zo) of the Superannuation (CSS) Eligible Employees Regulations or subregulation 4A (1) of the Superannuation (CSS) Continuing Contributions for Benefits Regulations.
Schedule 1 Modifications — Chairman of the Tertiary Education Commission
(regulation 4)
| Modifications | |
|---|---|
| Section | |
| 127 | Insert after subsection (1) the following subsection: |
| ‘(1A) In the application of this Division to and in relation to the eligible employee who, on 7 July 1977, holds the office of the Chairman of the Tertiary Education Commission:(a) his employment by the Commonwealth before becoming an eligible employee shall be deemed to have been terminated on 6 July 1977 otherwise than on the ground of invalidity or of physical or mental incapacity to perform the duties of the employment; and(b) he shall be deemed, thereupon, to have become entitled, in accordance with paragraph 17 (b) of the agreement made on 22 December 1971 between him and the Commonwealth constituting the superannuation scheme applicable in relation to that employment by the Commonwealth, to have the life policies referred to in that paragraph transferred to him by the Commonwealth.’. | |
| 128 | Omit from subsection (5) ‘There shall be added’, substitute ‘Subject to subsection (5A), there shall be added’. |
| Insert after subsection (5) the following subsection: | |
| ‘(5A) Upon the eligible employee referred to in subsection 127 (1A) ceasing to be an eligible employee or, if he ceases to be an eligible employee on more than one occasion, upon his first ceasing to be an eligible employee, there shall be added to the period that, but for this subsection, would be his period of contributory service, the period that commenced on2 May 1949 and ended on 6 July 1977.’. | |
| 145 | Omit from subparagraph (i) of paragraph (a) of subsection (1) ‘or’. |
| Insert after subparagraph (ii) of paragraph (a) of subsection (1) the following word and subparagraph:‘or;(iii) the superannuation scheme referred to in paragraph 127 (1A) (b);’. |
Schedule 2 Modifications — Certain employees of Commonwealth Accommodation and Catering Services Limited
(regulation 5)
| Modifications | |
|---|---|
| Section | |
| 127 | Insert after subsection (1AA) the following subsection: |
| ‘(1B) This Division applies to and in relation to a person who:(a) becomes an eligible employee on 8 June 1980;(b) is, on that day, employed by Commonwealth Accommodation and Catering Services Limited; and(c) was, immediately before so becoming an eligible employee, a member of the superannuation scheme known as the Commonwealth Hostels Provident Fund,as if:(d) his employment by Commonwealth Accommodation and Catering Services Limited before becoming an eligible employee had been terminated on 7 June 1980 otherwise than on the ground of invalidity or of physical or mental incapacity to perform the duties of his employment; and(e) the transfer value payable to or in respect of the person were payable by way of a lump sum.’. | |
| 128 | Insert after subsection (1) the following subsection: |
| ‘(1A) Where:(a) the Minister authorizes the trustees of the Commonwealth Hostels Provident Fund to pay so much of the transfer value payable under that superannuation scheme in respect of an eligible employee as is equal to the whole or part of the employer component of the transfer value to the Commissioner after the expiration of the period referred to in paragraph (1) (b); and(b) the trustees notify the Commissioner in writing of the amount of that employer component,that amount shall be deemed, for the purposes of subsection (1), to have been paid to the Commissioner before the expiration of that period.’. | |
| Omit subsection (2), substitute the following: | |
| ‘(2) Where a person makes an election referred to in paragraph (1) (a) to pay an amount (in this section referred to as the “transferred amount ”) to the Commissioner:(a) so much of the transferred amount as is equal to the employee component of the transfer value, or to the sum of the employee components of the transfer values, as the case may be, shall, upon receipt by the Commissioner, be paid by the Commissioner into the Superannuation Fund and, for the purposes of this Act, the amount so paid by the Commissioner into the Superannuation Fund shall, subject to subsection (3), be deemed to be basic contributions paid by the person to the Commissioner under this Act; and | |
| (b) so much of the transferred amount as is equal to the employer component of the transfer value, or the sum of the employer components of the transfer values, as the case may be, together with any interest payable by the trustees of the Commonwealth Hostels Provident Fund under an authority referred to in paragraph (1A) (a), shall, upon receipt by the Commissioner, be paid by the Commissioner to the Commonwealth.’. | |
| Omit from subsection (3) ‘(other than so much of that transferred amount as is worked out under paragraph (2) (c))’.Omit subsection (4), substitute: | |
| ‘(4) If, on the person ceasing to be an eligible employee:(a) a lump sum benefit becomes payable to or in respect of him or her under section 80 or 111; and(b) the amount or part of the amount of the transferred amount that is equal to the employer component of the transfer value, or the sum of the employer components of the transfer values, as the case may be, is an amount that, whether or not the person engaged in further employment, was payable to the person on the termination of his or her previous employment under a superannuation scheme applicable to that employment;there is payable to or in respect of the person an additional lump sum benefit of an amount equal to the total of:(c) the amount referred to in paragraph (b); and(d) the amount that would have accrued by way of interest on that amount if it had been paid into the Fund on the day on which that amount was paid to the Commonwealth by the Commissioner.’. | |
| Omit subsection (4AA).Omit subsection (5).Insert before subsection (6) the following subsections: | |
| ‘(5B) Upon an eligible employee referred to in subsection 127 (1B) ceasing to be an eligible employee or, if he ceases to be an eligible employee on more than one occasion, upon his first ceasing to be an eligible employee, there shall be added to the period that, but for this subsection, would be his period of contributory service the period that is the quotient, expressed in years and fractions of a year, of the number of whole dollars contained in the employer component of the transfer value payable under the Commonwealth Hostels Provident Fund in respect of the eligible employee divided by the number of whole dollars contained in the amount that is equal to 12½ per cent of the annual rate of salary of the employee on 8 June 1980.‘(5C) Where an eligible employee referred to in subsection 127 (1B) is on leave of absence without pay on8 June 1980, a reference in subsection (5B) to the annual rate of salary of the eligible employee on that date shall be read as a reference to the annual rate of salary that would have been payable to the employee on that date if the employee had not been on leave.’. | |
| Omit paragraph (6) (b), substitute: | |
| ‘(b) the employer component of a transfer value payable to or in respect of a person is the part of the transfer value that was based upon contributions by an employer or employers of the person.’. | |
| Omit subsection (8). |
Schedule 3 Modifications — Certain employees of the Anglo–Australian Telescope Board
(regulation 6)
| Modifications | |
|---|---|
| Section | |
| 127 | Insert after subsection (1) the following subsection: |
| ‘(1C) In the application of this Division to and in relation to a person who:(a) becomes an eligible employee on 1 February 1981;(b) is, on that day, employed by the Anglo-Australian Telescope Board; and(c) was, immediately before so becoming an eligible employee, a member of the superannuation scheme known as the Anglo-Australian Telescope Project Staff Superannuation Fund,his employment by the Anglo-Australian Telescope Board before becoming an eligible employee shall be deemed to have been terminated on 31 January 1981 otherwise than on the ground of invalidity or of physical or mental incapacity to perform the duties of his employment.’. | |
| 128 | Omit subsection (5).Insert before subsection (6) the following subsections: |
| ‘(5D) Upon an eligible employee referred to in subsection 127 (1C) ceasing to be an eligible employee or, if he ceases to be an eligible employee on more than one occasion, upon his first ceasing to be an eligible employee, there shall be added to the period that, but for this subsection, would be his period of contributory service a period equal to:(a) the period that is the quotient, expressed in years and fractions of a year, of the number of whole dollars contained in the employer component of the transfer value payable under the Anglo-Australian Telescope Project Staff Superannuation Fund in respect of the eligible employee divided by the number of whole dollars contained in the amount that is equal to 12½ per cent of the annual rate of salary of the employee on 1 February 1981; or(b) the period during which the eligible employee was a member of the Anglo-Australian Telescope Project Staff Superannuation Fund,whichever is the lesser period.‘(5E) Where an eligible employee referred to in sub-section 127 (1C) is on leave of absence without pay on1 February 1981, a reference in subsection (5D) to the annual rate of salary of the eligible employee on that date shall be read as a reference to the annual rate of salary that would have been payable to the employee on that date if the employee had not been on leave.’. | |
| 130 | Omit the section. |
| 145 | Omit the section. |
Schedule 4 Modifications — Director-General of Health
(regulation 7)
| Modifications | |
|---|---|
| Section | |
| 127 | Omit, substitute the following section: |
| ‘127In this Division, a reference to the prescribed person is a reference to the person who:(a) on 10 September 1984, becomes an eligible employee by virtue of his holding the office of Director-General of Health; and(b) was, for the period commencing on13 February 1958 and ending on the expiration of 31 May 1974, a contributor to the Superannuation Fund established under the superseded Act.’. | |
| 128 | Omit from subsection (1) all the words to and including ‘employment, and’, substitute ‘Where’.Omit from paragraph (1) (a) ‘the eligible employee’ and all the words from and including ‘amount of that transfer value’, substitute ‘the prescribed person’ and ‘aggregate of the amounts that were paid to him under subsection 32 (2) and section 51 of the superseded Act; and’ respectively. |
| Omit subsection (2), substitute the following subsection:‘(2) The amount paid by the prescribed person to the Commissioner under subsection (1) shall be paid by the Commissioner into the Superannuation Fund and, for the purposes of this Act, that amount shall be deemed to be basic contributions paid by the person to the Commissioner under this Act.’. | |
| Omit subsections (3), (4), (5) and (6), substitute the following subsection: | |
| ‘(3) There shall be added to the period that, but for this subsection, would be the period of contributory service of the prescribed person the period specified in paragraph 127 (b).’. | |
| 129 | Omit the section. |
| 130 | Omit, substitute the following section:‘130Where the prescribed person, in accordance with subsection 128 (1), pays to the Commissioner the amount referred to in that subsection, section 16 does not apply in relation to the prescribed person.’. |
Schedule 5 Modifications — Chairman of the Advanced Education Council
(regulation 8)
| Modifications | |
|---|---|
| Section | |
| 127 | Omit, substitute the following section: |
| ‘127In this Division, a reference to the prescribed person is a reference to the person who:(a) on 4 December 1984, holds the office of the Chairman of the Advanced Education Council and becomes an eligible employee by virtue of a direction given by the Commissioner under subsection 14 (1) of the Act; and(b) was, before so becoming an eligible employee, a member of the superannuation scheme constituted by the Superannuation Act, 1974 of the State of South Australia.’. | |
| 128 | Omit from subsection (1) all the words to and including ‘employment, and’, substitute ‘Where’.Omit from paragraph (1) (a) ‘the eligible employee’ and all the words from and including ‘amount of that transfer value’, substitute ‘the prescribed person’ and ‘aggregate of the amounts that were paid to him under sections 61 and 79 of the Superannuation Act, 1974 of the State of South Australia; and’ respectively. |
| Omit subsection (2), substitute the following subsection: | |
| ‘(2) The amount paid by the prescribed person to the Commissioner under subsection (1) shall be paid by the Commissioner into the Superannuation Fund and, for the purposes of this Act, that amount shall be deemed to be basic contributions paid by the person to the Commissioner under this Act.’. | |
| Omit subsections (3), (4), (5) and (6), substitute the following subsection:‘(3) There shall be added to the period that, but for this subsection, would be the period of contributory service of the prescribed person the period commencing on 1 February 1958 and ending at the expiration of 3 December 1984.’. | |
| 129 | Omit the section. |
| 130 | Omit, substitute the following section:130 Exemption from medical examination‘ Where the prescribed person, in accordance with subsection 128 (1), pays to the Commissioner the amount referred to in that subsection, section 16 does not apply in relation to the prescribed person.’. |
Schedule 6 Modifications — First Assistant Secretary, Health Services Financing Division, Department of Health
(regulation 9)
| Modifications | |
|---|---|
| Section | |
| 127 | Omit, substitute the following section: |
| ‘127In this Division, a reference to the prescribed person is a reference to the person who:(a) on 19 December 1985, becomes an eligible employee by virtue of his holding the office of First Assistant Secretary, Health Services Financing Division, Department of Health; and(b) was, before so becoming an eligible employee, a member of the superannuation scheme constituted by the Superannuation Act 1974 of the State of South Australia.’. | |
| 128 | Omit subsection (1), substitute: |
| ‘(1) Where:(a) the prescribed person, before he becomes an eligible employee or not later than 3 months after the day on which he becomes an eligible employee, or within such further period as the Commissioner, in special circumstances, allows, elects, by notice in writing to the Commissioner, to pay to the Commissioner an amount equal to the amount that was payable to him under section 79 of the Superannuation Act 1974 of the State of South Australia; and | |
| (b) that amount is, before the expiration of that period of 3 months or that further period, as the case may be, paid to the Commissioner;the succeeding provisions of this section have effect.’. | |
| Omit subsection (2), substitute the following subsection:‘(2) The amount paid by the prescribed person to the Commissioner under subsection (1) shall be paid by the Commissioner into the Superannuation Fund and, for the purposes of this Act, that amount shall be deemed to be basic contributions paid by the person to the Commissioner under this Act.’. | |
| Omit subsection (3), substitute:‘(3) There shall be added to the period that, but for this subsection, would be the period of contributory service of the prescribed person the period commencing on 24 November 1976 and ending at the end of 18 December 1985.’. | |
| Omit subsections (4), (4A), (4B), (4C), (5), (6) and (8). | |
| 129 | Omit the section. |
| 130 | Omit, substitute the following section:130 Exemption from medical examination‘ Where the prescribed person, in accordance with subsection 128 (1), pays to the Commissioner the amount referred to in that subsection, section 16 does not apply in relation to the prescribed person.’. |
Schedule 7 Modifications — Managing Director of the Australian Trade Commission
(regulation 10)
| Modifications | |
|---|---|
| Section | |
| 127 | Omit, substitute the following section: |
| ‘127In this Division, a reference to the prescribed person is a reference to the person who:(a) on 3 February 1986, holds the office of Managing Director of the Australian Trade Commission and becomes an eligible employee by virtue of a direction given by the Commissioner under subsection 14 (1); and(b) was, for the period commencing on 8 February 1966 and ending on the expiration of31 December 1977, a member of a superannuation scheme known as the Kennecott Pension Plan.’. | |
| 128 | Omit subsections (1) and (2), substitute the following subsections: |
| ‘(1) Where the prescribed person pays to the Commissioner, not later than 3 months after the amount payable to the prescribed person under the Kennecott Pension Plan becomes so payable, or within such further period as the Commissioner allows, an amount equal to that amount, the Commissioner shall pay that amount to the Commonwealth. | |
| ‘(2) Where the prescribed person pays to the Commissioner, on the day on which the prescribed person pays to the Commissioner the amount referred to in subsection (1), an amount of interest on that amount calculated at the flat rate of 10% per annum in respect of the period commencing on 3 February 1986 and ending on the expiration of the day on which the first-mentioned amount is so paid to the Commissioner, the Commissioner shall pay that amount of interest to the Commonwealth.‘(2A) Where the prescribed person pays to the Commissioner, within such period as the Commissioner allows, the amount of $12,655.15, the Commissioner shall pay that amount to the Commonwealth.’. | |
| Insert in subsection (3) ‘prescribed’ after ‘upon the’. | |
| Omit from subsection (3) all words from and including ‘the amount paid’, substitute ‘an amount equal to two-sevenths of the amount paid to the Commonwealth under subsection (1) or (2A), or, where amounts are paid into that Fund under both of those subsections, amounts equal to two-sevenths of each of those amounts, had been:(a) basic contributions paid by the prescribed person to the Commissioner under this Act; and(b) paid by the Commissioner into the Superannuation Fund.’. | |
| Omit subsections (4), (5) and (6), substitute the following subsections: | |
| ‘(4) If, upon the prescribed person ceasing to be an eligible employee, a lump sum benefit becomes payable to or in respect of the prescribed person under section 80 or 111, there is payable to or in respect of the prescribed person an additional lump sum benefit of an amount equal to the amount paid to the Commonwealth under subsection (1) or (2A), or, where amounts are paid to the Commonwealth under both of those subsections, an amount equal to the total of those amounts.‘(5) There shall be added to the period that, but for this subsection, would be the period of contributory service of the prescribed person:(a) where the prescribed person pays to the Commissioner in accordance with subsections (1) and (2) the amounts referred to in those subsections — the period commencing on8 February 1966 and ending on the expirationof 31 December 1977; and(b) where the prescribed person pays to the Commissioner in accordance with subsection (2A) the amount referred to in that subsection — the period commencing on1 January 1978 and ending on the expirationof 9 February 1979.’. | |
| 129 | Omit the section. |
| 130 | Omit, substitute the following section:‘130Where the prescribed person pays to the Commissioner in accordance with subsection128 (2A) the amount referred to in that subsection, section 16 does not apply in relation to the prescribed person.’. |
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Superannuation (CSS) Transfer Arrangements Regulations
Statutory Rules 1978 No. 255 as amended
made under the
Superannuation Act 1976
This compilation was prepared on 10 October 2005
taking into account amendments up to SLI 2005 No. 218
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Citation [see Note 1]
2 Commencement
3 Interpretation
4 Application of the Act to the Chairman of the Tertiary Education Commission
5 Application of the Act to certain employees of Commonwealth Accommodation and Catering Services Limited
6 Application of Act to certain employees of Anglo-Australian Telescope Board
7 Application of the Act to the Director-General of Health
8 Application of the Act to the Chairman of the Advanced Education Council
9 Application of the Act to an officer of the Department of Health
10 Application of the Act to the Managing Director of the Australian Trade Commission
11 Application of the Act to certain transferring TAFE teachers
12 Application of the Act to Chairperson of the National Board of Employment, Education and Training
13 Application of the Act to certain persons to whom deferred benefits are applicable or payable under the superseded Act
14 Application of the Act to certain persons who have received payments under section 80 of the Act or section 51 or 85 of the superseded Act
15 Application of Act to certain persons who become members of the Public Sector Superannuation Scheme
Schedule 1 Modifications — Chairman of the Tertiary Education Commission
Schedule 2 Modifications — Certain employees of Commonwealth Accommodation and Catering Services Limited
Schedule 3 Modifications — Certain employees of the Anglo–Australian Telescope Board
Schedule 4 Modifications — Director-General of Health
Schedule 5 Modifications — Chairman of the Advanced Education Council
Schedule 6 Modifications — First Assistant Secretary, Health Services Financing Division, Department of Health
Schedule 7 Modifications — Managing Director of the Australian Trade Commission
Schedule 8 Modifications — certain transferring TAFE teachers
Schedule 9 Modification — Chairperson of the National Board of Employment, Education and Training
Schedule 10 Modifications of the Act in its application in relation to the prescribed class of persons referred to in subregulation 13 (1)
Schedule 11 Modifications of the Act in its application to certain persons who have received payment under section 80 of the Act or section 51 or 85 of the superseded Act
Schedule 12 Modifications — Transfer to membership of the Public Sector Superannuation Scheme
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Superannuation (CSS) Transfer Arrangements Regulations.
2 Commencement
These Regulations shall be deemed to have taken effect from and including 7 July 1977.
3 Interpretation
In these Regulations, unless the contrary intention appears:
Act means the Superannuation Act 1976.
transfer value has the meaning given by subsection 127 (1) of the Act.
4 Application of the Act to the Chairman of the Tertiary Education Commission
The Act and the provisions of the Act specified in Schedule 1 apply subject to the modifications specified in Schedule 1 to and in relation to the person who:
(a) on 7 July 1977, holds the office of the Chairman of the Tertiary Education Commission and becomes an eligible employee by virtue of a direction given by the Commissioner in respect of him under section 14 of the Act; and
(b) was, immediately before so becoming an eligible employee, by virtue of an agreement made
on 22 December 1971 between himself and the Commonwealth, a member of a superannuation scheme.
5 Application of the Act to certain employees of Commonwealth Accommodation and Catering Services Limited
(1) Subject to subregulation (2), the Act applies subject to the modifications set out in Schedule 2 to persons to whom section 126 of the Act applies and who:
(a) became eligible employees on 8 June 1980; and
(b) were, on that day, employed by Commonwealth Accommodation and Catering Services Limited; and
(c) were, immediately before so becoming eligible employees, members of the superannuation scheme known as the Commonwealth Hostels Provident Fund.
(2) The modifications of the Act set out in Schedule 2 do not apply in relation to a person referred to in subregulation (1) who receives a transfer value:
(a) on or after 18 December 1992; and
(b) while on leave of absence without pay.
6 Application of Act to certain employees of Anglo-Australian Telescope Board
The Act and the provisions of the Act specified in Schedule 3 apply subject to the modifications specified in Schedule 3 to and in relation to those persons to whom section 126 of the Act applies who:
(a) become, on 1 February 1981, eligible employees;
(b) are, on that day, employed by the Anglo-Australian Telescope Board; and
(c) were, immediately before so becoming eligible employees, members of the superannuation scheme known as the Anglo-Australian Telescope Project Staff Superannuation Fund.
7 Application of the Act to the Director-General of Health
The Act and the provisions of the Act specified in Schedule 4 apply subject to the modifications specified in Schedule 4 to and in relation to the person who:
(a) on 10 September 1984, becomes an eligible employee by virtue of his holding the office of Director-General of Health; and
(b) was, for the period commencing on 13 February 1958 and ending on the expiration of 31 May 1974, a contributor to the Superannuation Fund established under the superseded Act.
8 Application of the Act to the Chairman of the Advanced Education Council
The Act and the provisions of the Act specified in Schedule 5 apply subject to the modifications specified in that Schedule to and in relation to the person who:
(a) on 4 December 1984, holds the office of the Chairman of the Advanced Education Council and becomes an eligible employee by virtue of a direction given by the Commissioner under subsection 14 (1) of the Act; and
(b) was, before so becoming an eligible employee, a member of the superannuation scheme constituted by the Superannuation Act, 1974 of the State of South Australia.
9 Application of the Act to an officer of the Department of Health
(1) Subject to subregulation (2), the Act applies subject to the modifications set out in Schedule 6 to the person who:
(a) on 19 December 1985 became an eligible employee by virtue of holding the office of First Assistant Secretary, Health Services Financing Division, Department of Health; and
(b) was, before so becoming an eligible employee, a member of the superannuation scheme constituted by the Superannuation Act, 1974 of the State of South Australia.
(2) The modifications of the Act set out in Schedule 6 do not apply in relation to the person referred to in subregulation (1) if that person receives a transfer value:
(a) on or after 18 December 1992; and
(b) while on leave of absence without pay.
10 Application of the Act to the Managing Director of the Australian Trade Commission
The Act and the provisions of the Act specified in Schedule 7 apply subject to the modifications specified in Schedule 7 to and in relation to the person who:
(a) on 3 February 1986, holds the office of Managing Director of the Australian Trade Commission and becomes an eligible employee by virtue of a direction given by the Commissioner under subsection 14 (1) of the Act; and
(b) was, for the period commencing on 8 February 1966 and ending on the expiration of 31 December 1977, a member of a superannuation scheme known as the Kennecott Pension Plan.
11 Application of the Act to certain transferring TAFE teachers
(1) Subject to subregulation (2), the Act applies subject to the modifications set out in Schedule 8 to those persons to whom section 126 of the Act applies and who:
(a) on 31 March 1977, became eligible employees by virtue
of their becoming, on that day, officers of the Commonwealth Teaching Service; and
(b) immediately before becoming officers of that Service:
(i) were employed in the teaching service of the State of New South Wales; and
(ii) were engaged in full-time teaching duties in the Australian Capital Territory in connection with the provision of technical and further education; and
(c) on 30 March 1977 were members of the superannuation scheme constituted by the Superannuation Act 1916 of the State of New South Wales, as in force on that day; and
(d) since becoming eligible employees as set out in paragraph (a):
(i) have continued to be eligible employees; or
(ii) have, on only one occasion, ceased to be eligible employees and have not, after so ceasing, again become eligible employees.
(2) The modifications of the Act set out in Schedule 8 do not apply in relation to a person referred to in subregulation (1) who receives a transfer value:
(a) on or after 18 December 1992; and
(b) while on leave of absence without pay.
(3) In subregulation (1):
technical and further education means education provided by way of a course of instruction or training that:
(a) is, or is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation; or
(b) otherwise meets the educational needs of persons who are not enrolled in a full-time course of education at a primary school, a secondary school or a secondary college.
12 Application of the Act to Chairperson of the National Board of Employment, Education and Training
The Act and the provision of the Act specified in Schedule 9 apply subject to the modification specified in that Schedule to and in relation to the person who:
(a) on 1 February 1989, holds the office of the Chairperson of the National Board of Employment, Education and Training and becomes an eligible employee by virtue of a direction given by the Commissioner under subsection 14 (1) of the Act; and
(b) was, before so becoming an eligible employee, a member of the Superannuation Scheme for Australian Universities.
13 Application of the Act to certain persons to whom deferred benefits are applicable or payable under the superseded Act
(1) For the purposes of subsection 126 (2) of the Act and the provisions of the Act specified in Schedule 10, the following class of persons is a prescribed class of persons to whom section 126 of the Act applies, namely persons:
(a) to whom deferred benefits as pension (other than in the form of a pension payable under section 46, 47 or 48 of the superseded Act) are applicable or payable under the superseded Act; and
(b) who have, or will, become eligible employees;
other than a person:
(c) referred to in paragraph (a) of the definition of eligible employee in subsection 3 (1) of the Act; or
(d) who has at any time ceased to be an eligible employee and again becomes an eligible employee, not being a person referred to in subsection 8 (1), (2) or (3) of the Act.
(2) The Act in its application to the prescribed class of persons referred to in subregulation (1) is modified in accordance with the modifications specified in Schedule 10.
14 Application of the Act to certain persons who have received payments under section 80 of the Act or section 51 or 85 of the superseded Act
(1) This regulation applies to a person to whom section 126 of the Act applies if, before becoming, or last becoming, an eligible employee:
(a) the person received an amount under section 51 or 85 of the superseded Act by reason of the operation of subsection 119Y (2) of that Act; or
(b) the person received an amount under section 80 of the Act by reason of the operation of subsection 141 (2) of the Act; or
(c) the person:
(i) received an amount under section 51 or 85 of the superseded Act; and
(ii) at the end of the period that, under subsection 119N (1) of that Act, was the prescribed period in relation to the person, was employed in employment that, under subsection 119Q (1) of that Act, was declared to be public employment in relation to the person or to the class of persons of which the person was a member; and
(iii) at the end of that period, was a member of a superannuation scheme (other than an eligible superannuation scheme) applicable to that employment; and
(iv) paid an amount equivalent to that amount to the person administering that scheme in exchange for benefits under that scheme; or
(d) the person:
(i) received an amount under section 80 of the Act; and
(ii) at the end of the period that, under subsection 131 (1) of the Act, was the prescribed period in relation to the person, was employed in employment that, under subsection 133 (1) of the Act, was declared to be public employment in relation to the person or to the class of persons of which the person was a member; and
(iii) at the end of that period, was a member of a superannuation scheme (other than an eligible superannuation scheme) applicable to that employment; and
(iv) paid:
(A) an amount equivalent to that amount; or
(B) if the person has an entitlement of a kind referred to in paragraph 141 (2) (c) of the Act to pay a lesser amount to the person administering that scheme — that lesser amount;
to the person administering that scheme in exchange for benefits under that scheme.
(2) In its application to and in relation to a person to whom this regulation applies, the Act is modified as specified in Schedule 11.
15 Application of Act to certain persons who become members of the Public Sector Superannuation Scheme
The Act is modified in accordance with Schedule 12 in its application to a person to whom section 126A of the Act applies by reason of the person:
(a) having ceased to be an eligible employee; and
(b) having become a member of the Public Sector Superannuation Scheme;
following the making of a declaration and election referred to in paragraph 4 (1) (zo) of the Superannuation (CSS) Eligible Employees Regulations or subregulation 4A (1) of the Superannuation (CSS) Continuing Contributions for Benefits Regulations.
Schedule 1 Modifications — Chairman of the Tertiary Education Commission
(regulation 4)
| Modifications | |
|---|---|
| Section |
This is an opening excerpt, not the complete document.