Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981 (Cth)

Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981

Statutory Rules 1981 No. 36 as amended

made under the

Superannuation Act 1976

This compilation was prepared on 14 February 2005 taking into account amendments up to SLI 2005 No. 7

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

Contents

1 Name of regulations [see Note 1] 2 Interpretation 3 Classes of persons to which section 14A of the Act does not apply 3A Classes of persons to which s 14A of the Act applies 3B Repatriation staff to whom section 14A of the Act applies 4 When s 14A of the Act no longer applies 4A When s 14A no longer applies — transfer to Public Sector Superannuation Scheme 5 Application of Act

Schedule 1 Modification of Act

Schedule 2 Modifications of the Act in relation to persons eligible to be paid a mobility allowance

Schedule 3 Modifications of the Act in its application to certain fixed-term office holders and employees

Notes

1 Name of regulations [see Note 1]

These regulations are the Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981.

2 Interpretation

(1) In these regulations, unless the contrary intention appears: ACT Government control, in relation to a company, means the holding of a controlling interest in the company by all or any of the following: (a) the Australian Capital Territory (or its nominees); (b) an authority or body, whether a body corporate or not, established for a public purpose by or under a law of the Australian Capital Territory; (c) a company, or other body corporate, that is under ACT Government control (within the meaning of this definition). ASPI Ltd means Australian Strategic Policy Institute Limited (ACN 097369045), incorporated under the Corporations Act 2001 on 22 August 2001. ASP Ship Management means the partnership known by that name entered into between Marine Management Services Pty Ltd and Associated Steamships Pty Ltd. ATP Ltd means Australian Training Products Limited (ACN 062758632), incorporated under the Corporations Law on 15 August 1994. Australian Government Solicitor means the body corporate established under Division 2 of Part VIIIB of the Judiciary Act 1903. AWB Limited means the company (ACN 081890459) that was established under the Corporations Law on 1 June 1998. Commonwealth control, in relation to a company, means the holding of a controlling interest in the company by all or any of the following: (a) the Commonwealth (or its nominees); (b) an authority or body, whether a body corporate or not, established for a public purpose by or under a law of the Commonwealth; (c) a company, or other body corporate, that is under Commonwealth control (within the meaning of this definition). CSS/PSS Board means either or both of: (a) the CSS Board established under section 27A of the Superannuation Act 1976; and (b) the PSS Board established under section 20 of the Superannuation Act 1990. employee of ASP Ship Management means a person employed by the partners of ASP Ship Management for the purposes of the partnership. Medibank means the company (ACN 080890259) that was incorporated under the Corporations Law on 1 December 1997. mobility allowance means an allowance of that name payable in accordance with a determination made under section 82D of the Public Service Act 1922. officer has the same meaning as in the Public Service Act. performance pay means a payment of that name made under an industrial agreement under Division 3A of Part VI of the Industrial Relations Act 1988. Public Service Act means the Public Service Act 1922. Qantas employee means an employee (other than a casual employee or a temporary part-time employee) of a company that is: (a) Qantas; or (b) a Qantas subsidiary; within the respective meanings of the Qantas Sale Act 1992. relevant Northern Territory employment means any of the following employment: (a) employment as a member of the Police Force of the Northern Territory; (b) employment by an approved authority, being the Northern Territory of Australia or an authority or body established by or under a law of that Territory; (c) employment as the holder of a statutory office established by a law of the Northern Territory of Australia. relevant person means a person to whom section 14A of the Act applies. SMHEA corporatisation date means the date on which section 59 of the Snowy Hydro Corporatisation Act 1997 commences. State superannuation scheme means a superannuation scheme established under the law of a State and applying to persons employed in the Public Service, or any other service, of the State. superannuation scheme means a superannuation or retirement benefits scheme applying to persons by reason of their being engaged in certain employment but, subject to subregulation (5), does not include: (a) a scheme to the extent that membership of that scheme by the person is for the preservation or payment of productivity related benefits as defined in section 110A of the Act; or (b) the Public Sector Superannuation Scheme to the extent that membership of that scheme by the person relates to other employment; or (c) a scheme to the extent that participation in that scheme on the person's behalf by the person's employer is for purposes solely related to satisfying the employer's obligations under the Superannuation Guarantee (Administration) Act 1992. the Act means the Superannuation Act 1976. the 50% sale day has the same meaning as in the Qantas Sale Act 1992. top-up arrangement has the meaning given by subregulation (3).