3Interpretation

#### 3 Interpretation (1) In this Act, unless the contrary intention appears: > anniversary of birth has the same meaning as in the Superannuation Act. > annual rate of contribution, in relation to a qualified employee, means: (a) for the year commencing on 1 January 1988: (i) if the employee’s annual rate of salary is less than $19,934—$299; (ii) if the employee’s annual rate of salary is $19,934 or more but less than $31,201—1.5% of the person’s annual rate of salary; (iii) if the employee’s annual rate of salary is $31,201 or more but less than $46,801—$468; or (iv) if the employee’s annual rate of salary is $46,801 or more—1% of the person’s annual rate of salary; and (b) for each subsequent year—the amount prescribed by, or ascertained in accordance with, the regulations. > annual rate of salary, in relation to a qualified employee in relation to a particular day, means: (a) if the person is an eligible employee for the purposes of the Superannuation Act—the rate that would be the person’s final annual rate of salary for the purposes of that Act if the person had ceased to be such an eligible employee on that day; or (b) in any other case—the rate that would be the annual rate of salary of the person under that Act on that day if that Act applied to the person. > approved authority means an authority or body that is an approved authority for the purposes of the Superannuation Act or the new Superannuation Act. > approved deposit fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993. > approved fund means a superannuation fund that is an approved fund because of a declaration in force under section 4C. > average annual rate of contribution, in relation to a person in respect of whom an interim benefit is payable in relation to the year commencing on 1 January 1988 or a subsequent year, means half of the sum of: (a) the annual rate of contribution of the person based on the person’s annual rate of salary at the commencement of that year or at the commencement of the person’s service relevant to that interim benefit, whichever is the later; and (b) the annual rate of contribution of the person based on the person’s annual rate of salary at the end of that year or, if the interim benefit became payable in respect of the person in that year, immediately before the day on which the interim benefit became payable. > class employee means a qualified employee in a class in respect of which a declaration is in force under section 4A. > continuing contribution, in relation to a fund employee, has the meaning given by section 3C. > CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011. > declared first interest factor, in relation to a financial year, means the factor that is the declared first interest factor for that year because of a declaration in force under paragraph 3E(a). > declared fund means the nominated fund or an approved fund. > declared second interest factor, in relation to a financial year, means the factor that is the declared second interest factor for that year because of a declaration in force under paragraph 3E(b). > Department means: (a) an Agency within the meaning of the Public Service Act 1999; or (b) a Department of the Parliament established under the Parliamentary Service Act 1999. > designated employer, in relation to a qualified employee, means: (a) where the employee is a permanent employee, or temporary employee, other than an employee employed by an approved authority: (i) if the remuneration in respect of his or her employment is paid wholly or principally 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 principally out of money appropriated under an Act other than an annual Appropriation Act—such Department as is determined by the Minister; or (b) where the employee is a holder of a statutory office: (i) if the remuneration in respect of that office is paid by an approved authority—that authority; or (ii) if subparagraph (i) does not apply—such Department or person as is determined by the Minister; or (c) where the employee is employed by an approved authority—that authority; or (d) in any other case—such person as is determined by the Minister. > Finance Department means the Department administered by the Minister administering the Public Governance, Performance and Accountability Act 2013. > Fund has the same meaning as in the new Superannuation Act. > fund employee means a remainder employee who is a member of a declared fund. > interim arrangement employee means a remainder employee who is not a fund employee. > interim benefit means a benefit payable in accordance with this Act. > long term bond rate, in relation to a calendar year, means: (a) in the case of the year commencing on 1 January 1988—0.1286; or (b) in the case of a subsequent year—the rate, expressed as a fraction, that is the assessed secondary market yield last published by the Reserve Bank before 1 January in that year in respect of 10‑year non‑rebate Treasury bonds or, if such a yield had not been published by the Reserve Bank in the period of 3 months ending on that day, the rate fixed by the Minister by notice published in the Gazette in relation to that year. > new Superannuation Act means the Superannuation Act 1990. > nominated fund means the superannuation fund that is the nominated fund because of a declaration in force under section 4B. > pay period, in relation to a person who is, or has been, a qualified employee, means a period in respect of which the person would ordinarily receive salary. > permanent employee means any person employed in a permanent capacity by the Commonwealth or by an approved authority. > PSSAP means the Public Sector Superannuation Accumulation Plan within the meaning of the Superannuation Act 2005. > Public Service Act means the Public Service Act 1999. > qualified employee means: (b) a person employed by the Commonwealth; or (c) a person who is the holder of an office established by an Act, by regulations under an Act or by an Ordinance or enactment of the Australian Capital Territory; (d) a person who is employed by a body that is an approved authority, being a body that does not provide superannuation benefits (other than superannuation benefits approved under the Superannuation Benefits (Supervisory Mechanisms) Act 1990) to any of its employees otherwise than under the Superannuation Act or the new Superannuation Act; (e) a person who is an eligible employee for the purposes of the Superannuation Act and is employed by a body that is an approved authority, being a body that provides superannuation benefits to some of its employees otherwise than under that Act; (f) a person to whom subsection 3(5A) or (6) of the Superannuation Act applies; or (g) a person who, under the regulations or a declaration under subsection 3F(1), is a qualified employee; but, subject to regulations and declarations made for the purposes of paragraph (g), does not include: (h) a person who is an employee of the Northern Territory or of an authority of the Northern Territory; (j) a person who is not an eligible employee for the purposes of the Superannuation Act but is a member of a superannuation scheme or has superannuation benefits funded by the person’s employer or partly by the person’s employer and partly by contributions from the person and other employees; (k) a person who is a member of the Defence Force; (m) a person who is engaged or appointed for employment outside Australia only; (n) a member of the Parliament; (o) a person who is a judge for the purposes of the Judges’ Pensions Act 1968; or (p) a person who, under the regulations or a declaration under subsection 3F(2), is not a qualified employee. > Note 1: See also section 3AA (closure of productivity benefit scheme from 1 July 2006). > Note 2: See also section 3AB (modification of productivity benefit scheme from 1 July 2005). > qualifying pay period, in relation to a person in respect of whom an interim benefit is payable, means: (a) in the case of a person who, immediately before the benefit became payable, was an eligible employee for the purposes of the Superannuation Act and was employed by a body that was at that time an approved authority for the purposes of that Act—a pay period in respect of which the person was paid salary by that body, or received ongoing compensation payments in respect of the person’s employment with that body, as a qualified employee for more than half of the person’s normal working hours for a pay period that includes no public holidays; or (b) in any other case—a pay period in respect of which the person was paid salary or wages as a qualified employee other than a qualified employee of the kind referred to in paragraph (a), or received ongoing compensation payments in respect of the person’s employment as such an employee, for more than half of the person’s normal working hours for a pay period that includes no public holidays; other than a pay period that has been taken into account in determining the amount of another interim benefit payable in respect of the person. > qualifying pay period value, in relation to a qualifying pay period of a person, means: (a) if paragraph (b), (c) or (d) does not apply—one; (b) if the person was paid on a part‑time basis throughout the pay period, including ongoing compensation payments on such a basis—the fraction obtained by dividing the amount of salary that the person received in respect of that period by the amount that the person would have received in respect of that period if the person had been paid or received those compensation payments on a full‑time basis throughout that period; (c) if the person received reduced salary throughout the pay period—the fraction obtained by dividing the amount of salary that the person received in respect of the pay period by the amount that the person would have received if the person had not received reduced salary; or (d) if the person was paid on a part‑time basis throughout the pay period and received reduced salary throughout the pay period—the fraction obtained by dividing the amount of salary that the person received in respect of that period by the amount that the person would have received in respect of that period if the person had been paid on a full‑time basis throughout that period and had not received reduced salary. > quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October. > rate of salary, in relation to a remainder employee and a pay period of the employee, has the meaning given by section 3B. > reduced salary means reduced salary during a period of sick leave or long service leave. > remainder employee means a qualified employee who is neither: (a) a scheme employee; nor (b) a class employee. > RSA has the same meaning as in the Retirement Savings Accounts Act 1997. > salary includes wages and allowances that are paid regularly but does not include payments for working overtime. > scheme employee means: (a) a qualified employee who is an eligible employee within the meaning of the Superannuation Act; or (b) a qualified employee who is a member of the superannuation scheme within the meaning of the new Superannuation Act. > Superannuation Act means the Superannuation Act 1976. > superannuation fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993. > temporary employee means any person employed, otherwise than in a permanent capacity, by the Commonwealth or by an approved authority, but does not include a person who is engaged or appointed for employment outside Australia only. > yearly interest factor, in relation to a qualified employee in respect of whom an interim benefit is payable in relation to the year commencing on 1 January 1988 or a subsequent year, means the number ascertained in accordance with the formula: >  where: > LTBR is the long term bond rate for that year; > PPE is the number of pay periods ending during the person’s period of employment as a qualified employee in that year in respect of that benefit (including any period during which the person was on leave without pay); and > PP is the number of pay periods ending in that year. > yearly pay period value, in relation to the year commencing on 1 January 1988 or a subsequent year in relation to a person in respect of whom an interim benefit is payable, means the number obtained by dividing the sum of the qualifying pay period values of the person for that year in respect of that benefit by the number of pay periods ending in that year. (2) For the purposes of this Act, a former qualified employee shall be taken to have retired voluntarily if: (a) the person retired after attaining the maximum retiring age applicable to the person; or (b) the person was retired at his or her own request or resigned his or her office, position or employment and had, at that time, attained the minimum retiring age applicable to the person. (3) Where: (a) an interim benefit is payable in respect of a person in a year; and (b) the benefit became payable in a pay period that ends in the following year; the pay period shall, for the purpose only of determining the number of pay periods ending during the person’s period of employment as a qualified employee in the first‑mentioned year in respect of that benefit, be taken to end in the first‑mentioned year. (4) For the purposes of the definitions of annual rate of contribution and average annual rate of contribution in subsection (1), if a person’s annual rate of salary on a particular day is later adjusted with retrospective effect to that day, that adjustment shall be taken into account. (5) For the purposes of this Act: (a) no account shall be taken of overtime worked by a person; and (b) if the pay periods of a person during a year are not all of the same length, the person shall be taken to have been paid during the year on the basis of pay periods of a length that is the shorter or shortest of the person’s pay periods. (6) The Superannuation Benefits (Supervisory Mechanisms) Act 1990 does not apply to: (a) benefits payable because of contributions payable under this Act into a declared fund; and (b) arrangements applying because of a declaration under subsection 4A(2) and benefits payable under such arrangements; and (c) interim benefits; and the provision of benefits referred to in paragraph (a), (b) or (c) is not taken to be the provision of a superannuation scheme for the purposes of regulations or determinations under the Superannuation Act or the new Superannuation Act.