Superannuation (CSS) Approved Part-time Employees Regulations (Cth)

Superannuation (CSS) Approved Part‑time Employees Regulations

Statutory Rules 1986 No. 48 as amended

made under the

Superannuation Act 1976

This compilation was prepared on 12 June 2003 taking into account amendments up to SR 1996 No. 96

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

Contents

1 Citation [see Note 1] 2 Interpretation 3 Application of the Act etc to certain persons

Schedule Part I Part II

Notes

1 Citation [see Note 1]

These Regulations may be cited as the Superannuation (CSS) Approved Part-time Employees Regulations.

2 Interpretation

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

3 Application of the Act etc to certain persons

The Act and the provisions of the Act specified in the Schedule apply, subject to the modifications specified in the Schedule, to a person who is or has ceased to be an eligible employee, being a person who is, or has been on or after his or her first day of service, an approved part-time employee. Schedule (regulation 3)

Modifications — person who is, or at any time after his or her first day of service has been, an approved part-time employee

Part I

Modifications Section 3 After the definition of basic contributions in subsection (1) insert the following definition: 'basic work period, in relation to an eligible employee, means the period that is, under the terms and conditions of employment of the eligible employee, the period in relation to which a number of hours specified in, or ascertained in accordance with, those terms and conditions of employment, are to be taken to be the normal hours of duty of the eligible employee.'.

After the definition of orphan pension in subsection (1) insert the following definition: 'partial contributor means: (a) an eligible employee who became, on his or her first day of service, an approved part-time employee and has continued to be, and is, such a part-time employee; (b) an eligible employee (other than an eligible employee referred to in paragraph (a)) who is an approved part-time employee and: (i) who has been an approved part-time employee for a continuous period of more than 12 months; or (ii) in respect of whom the Commissioner, being satisfied that there is a likelihood that the eligible employee will continue to be an approved part-time employee for a continuous period that, together with the immediately preceding period (if any) during which the eligible employee has continuously been an approved part-time employee, will exceed a period of 12 months, has given a certificate to that effect specifying the day (not being a day earlier than the day on which the certificate is given) on which the first-mentioned period is to commence; and (c) an eligible employee who: (i) is, and has been for a continuous period of not more than 12 months, employed on a full-time basis; and (ii) was, immediately before that period a person to whom paragraph (a) or (b) of this definition applied.'. Omit the definitions of period of contributory service and period of prospective service, substitute the following definitions: 'period of contributory service, in relation to a person who has ceased to be an eligible employee, means: (a) except where paragraph (b), (c), (d), (e) or (f) applies — the aggregate of: (i) the period equal to the period commencing on the person's first day of service and ending on the person's last day of service less any period (excluding any part of it that is referred to in sub-subparagraph (A), (B), (C), (D) or (E)) during that period when the person was a partial contributor, and less any period during that period: (A) when the person was on leave of absence without pay during a period in respect of which subsection 51 (1) applies to the person; or (B) when the person was absent from duty during a period in respect of which subsection 51A (1) as in force before 1 July 1990 applies to the person; or (C) that is taken, under subsection 51A (5) as in force on and after 1 July 1990, to be a non-contributory period of service for the person; or (D) in respect of which the person was not required or permitted to pay contributions because of subsection 3 (3); or (E) in respect of which benefits did not accrue to the person because of section 55A; (ii) the period that bears to the period that is equal to the aggregate of the periods commencing on or after the first day of service of the person when the person was a partial contributor (less any part of any of those periods that is a period referred to in sub-subparagraph (i) (A), (B), (C), (D) or (E)) the same ratio as the total number of hours that, in accordance with the terms and conditions of employment applying from time to time to the person, were the normal hours of duty of the person during those periods bears to the total number of hours that would have been the normal hours of duty of the person during those periods if at all times during those periods the person had performed his or her work or duties on a full-time basis, 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 period that, under section 8, is to be added to his or her period of contributory service; or (b) where the person was, immediately before ceasing to be an eligible employee, a person referred to in paragraph (a) of the definition of eligible employee in this subsection — the aggregate of: (i) the period ascertained in accordance with subparagraph (a) (i); (ii) the period ascertained in accordance with subparagraph (a) (ii); (iii) every period that, under section 194 of the Superannuation Act 1976 as modified by the Superannuation (Period of Contributory Service) Regulations, would, if the person had not at any time after his or her first day of service been an approved part-time employee, be a prescribed period of service in relation to the person; and (iv) every period that, under section 195 of the Superannuation Act 1976 as modified by the Superannuation (Period of Contributory Service) Regulations, would, if the person had not at any time after his or her first day of service been an approved part-time employee, be an additional period of service in relation to the person; or (c) if the person was, immediately before he or she last became an eligible employee, an existing invalidity pensioner within the meaning of subsection 180 (1) — the aggregate of: (i) the period ascertained in accordance with subparagraph (a) (i); and (ii) the period ascertained in accordance with subparagraph (a) (ii); and (iii) the period during which a pension of a kind referred to in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section (other than a deferred benefit by way of a pension referred to in subsection 64A (1) of the superseded Act as then in force) was payable to the person or would, but for the pension having been suspended, have been payable, as the case requires; and (iv) every period that, under section 233 of the Act as modified by the Superannuation (Existing Invalidity Pensioners) Regulations, is a prescribed period of service in relation to the person; and (v) every period that, under section 234 of the Act as so modified, is an additional period of service in relation to the person; or (d) if the person was, immediately before ceasing to be an eligible employee, a person in relation to whom regulation 5 of the Superannuation (Transfer Arrangements) Regulations applies, the aggregate of the period or periods specified in paragraph (a) that would otherwise be applicable to the person and the period expressed in years and fractions of a year worked out in accordance with the formula: where: EC is the number that is equal to the number of whole dollars contained in the employer component of the transfer value paid under the superannuation scheme known as the Commonwealth Hostels Provident Fund in respect of the former eligible employee. S is the number that is equal to the number of whole dollars contained in the amount that is 12.5% of the annual rate of salary of the former eligible employee on 8 June 1980; or (e) if the person was, immediately before ceasing to be an eligible employee, a person in relation to whom regulation 9 of the Superannuation (Transfer Arrangements) Regulations applies, the aggregate of the period or periods specified in paragraph (a) that would otherwise be applicable to the person and the period that commenced on 24 November 1976 and ended at the expiration of 18 December 1985; or (f) if the person was, immediately before ceasing to be an eligible employee, a person in relation to whom regulation 11 of the Superannuation (Transfer Arrangements) Regulations applies, the aggregate of the period or periods specified in paragraph (a) that would otherwise be applicable to the person and the period that, for the purposes of section 28B of the Superannuation Act 1916 of the State of New South Wales as amended and in force immediately before 31 March 1977, would have been his or her period of contributory service if he or she had retired from his or her State employment within the meaning of subsection 127 (1) of the Act as modified by Schedule 8 of those Regulations on 30 March 1977. period of employment, in relation to a person who has ceased to be an eligible employee, means: (a) except where paragraph (b), (c), (d), (e) or (f) applies — a period equal to the period commencing on the person's first day of service and ending on the person's last day of service less any period during that period: (i) when the person was on leave of absence without pay during a period in respect of which subsection 51 (1) applies to the person; or (ii) when the person was absent from duty during a period in respect of which subsection 51A (1) as in force before 1 July 1990 applies to the person; or (iii) that is taken, under subsection 51A (5) as in force on and after 1 July 1990, to be a non-contributory period of service for the person; or (iv) in respect of which the person was not required or permitted to pay contributions because of subsection 3 (3); or (v) in respect of which benefits did not accrue to the person because of section 55A; together with, in the case of a person who had previously ceased to be an eligible employee before the person's first day of service, any period that, under section 8A, is to be added to the person's period of employment; or (b) where the person was, immediately before ceasing to be an eligible employee, a person referred to in paragraph (a) of the definition of eligible employee in this subsection — the aggregate of: (i) the period commencing on the person's first day of service and ending on the person's last day of service less any period during that period: (A) when the person was on leave of absence without pay during a period in respect of which subsection 51 (1) applies to the person; or (B) when the person was absent from duty during a period in respect of which subsection 51A (1) as in force before 1 July 1990 applies to the person; or (C) that is taken, under subsection 51A (5) as in force on and after 1 July 1990, to be a non-contributory period of service for the person; or (D) in respect of which the person was not required or permitted to pay contributions because of subsection 3 (3); or (E) in respect of which benefits did not accrue to the person because of section 55A; (ii) every period that, under section 194 of the Superannuation Act 1976 as modified by the Superannuation (Period of Contributory Service) Regulations, would, if the person had not at any time after his or her first day of service been an approved part-time employee, be a prescribed period of service in relation to the person; and (iii) every period that, under section 195 of the Superannuation Act 1976 as modified by the Superannuation (Period of Contributory Service) Regulations, would, if the person had not at any time after his or her first day of service been an approved part-time employee, be an additional period of service in relation to the person; or (c) if the person was, immediately before he or she last became an eligible employee, an existing invalidity pensioner within the meaning of subsection 180 (1) — the aggregate of: (i) the period commencing on the person's first day of service and ending on the person's last day of service less any period during that period: (A) when the person was on leave of absence without pay and in respect of which subsection 51 (1) applies to the person; or (B) when the person was absent from duty and in respect of which subsection 51A (1) as in force before 1 July 1990 applies to the person; or (C) that is taken, under subsection 51A (5) as in force on and after 1 July 1990, to be a non-contributory period of service for the person; or (D) in respect of which the person was not required or permitted to pay contributions because of subsection 3 (3); or (E) in respect of which benefits did not accrue to the person because of section 55A; and (ii) the period during which a pension of a kind referred to in section 64A or 65 of the superseded Act as in force immediately before the repeal of that section (other than a deferred benefit by way of a pension referred to in subsection 64A (1) of the superseded Act as then in force) was payable to the person or would, but for the pension having been suspended, have been payable, as the case requires; and (iii) every period that, under section 233 of the Act as modified by the Superannuation (Existing Invalidity Pensioners) Regulations, is a prescribed period of service in relation to the person; and (iv) every period that, under section 234 of the Act as so modified, is an additional period of service in relation to the person; or (d) if the person was, immediately before ceasing to be an eligible employee, a person in relation to whom regulation 5 of the Superannuation (Transfer Arrangements) Regulations applies, the aggregate of: (i) the period or periods applicable under paragraph (a) that would otherwise be applicable to the person; and (ii) the period expressed in years and a fraction of a year worked out in accordance with the formula: where: EC is the number that is equal to the number of whole dollars contained in the employer component of the transfer value paid under the superannuation scheme known as the Commonwealth Hostels Provident Fund in respect of the former eligible employee. S is the number that is equal to the number of whole dollars contained in the amount that is 12.5% of the annual rate of salary of the former eligible employee on 8 June 1980; or (e) if the person was, immediately before ceasing to be an eligible employee, a person in relation to whom regulation 9 of the Superannuation (Transfer Arrangements) Regulations applies, the aggregate of: (i) the period or periods applicable under paragraph (a) that would otherwise be applicable to the person; and (ii) the period that commenced on 24 November 1976 and ended at the end of 18 December 1985; or (f) if the person was, immediately before ceasing to be an eligible employee, a person in relation to whom regulation 11 of the Superannuation (Transfer Arrangements) Regulations applies, the aggregate of: (i) the period or periods applicable under paragraph (a) that would otherwise be applicable to the person; and (ii) the period that, for the purposes of section 28B of the Superannuation Act 1916 of the State of New South Wales as amended and in force immediately before 31 March 1977, would have been his or her period of contributory service if he or she had retired from his or her State employment within the meaning of subsection 127 (1) of the Act as modified by Schedule 8 of those Regulations on 30 March 1977. period of prospective employment, 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) the person's period of employment; and (b) the period commencing on the day immediately following the person's last day of service and ending on the day on which the person 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. 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 his or her period of contributory service and: (a) except in the case of a person to whom paragraph (b) applies — the period commencing on the day immediately following the person's last day of service and ending on the day on which the person 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; or (b) in the case of a person who was, on his or her last day of service a partial contributor other than a person referred to in paragraph (c) of the definition of partial contributor in this subsection — the period that bears to the period referred to in paragraph (a) the same ratio as the number of hours that, in accordance with the terms and conditions of employment applying in relation to the person on his or her last day of service, were the normal hours of duty of the person for the period that was the basic work period in relation to the person bears to the number of hours that would have been the normal hours of duty of the person for that last-mentioned period if during the whole of that period the person had performed his or her work or duties on a full-time basis.'. 5 Omit from subsection (2) 'subsections (3), (3A), (3B) and (3C)', substitute 'subsections (2A), (3), (3A), (3B) and (3C)'.