Superannuation (CSS) Deferred Benefits Regulations 1979 (Cth)

Superannuation (CSS) Deferred Benefits Regulations 1979

Statutory Rules 1979 No. 46 as amended

made under the

Superannuation Act 1976

This compilation was prepared on 1 July 2011 taking into account amendments up to SLI 2011 No. 131

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 Application of the Act and the provisions of the Act to persons to whom subsection 136 (4) of the Act applies

Schedule Modifications of the Act in its application to persons to whom subsection 136 (4) of the Act applies

Notes

1 Name of Regulations [see Note 1]

These Regulations are the Superannuation (CSS) Deferred Benefits Regulations 1979.

2 Interpretation

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

3 Application of the Act and the provisions of the Act to persons to whom subsection 136 (4) of the Act applies

The Act and the provisions of the Act specified in the Schedule apply subject to the modifications specified in the Schedule to and in relation to those persons to whom subsection 136 (4) of the Act applies. Schedule Modifications of the Act in its application to persons to whom subsection 136 (4) of the Act applies (regulation 3)

Section Modifications 112.. Omit from subsection (6) "Subject to subsection (7)", substitute "Subject to subsections (7), (9A), (9B) and (9C)" Omit subsection (10), substitute the following subsections:

"(9A) Where: (a) deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit becoming payable to the person in accordance with section 68 or 71; (b) the person's entitlement to the deferred benefit is cancelled under subsection 143 (2) and deferred benefits again become applicable in relation to him; and (c) the deferred benefits so applicable in relation to the person cease to be so applicable upon a deferred benefit becoming payable to or in respect of the person, subsection (6) does not apply in relation to him. "(9B) Subject to subsection (9C), where: (a) deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit becoming payable to the person in accordance with section 67 or 70; (b) the person's entitlement to the deferred benefit is cancelled under subsection 143 (2) and deferred benefits again become applicable in relation to him; and (c) the deferred benefits so applicable in relation to the person cease to be so applicable upon a deferred benefit becoming payable to or in respect of the person, subsection (6) does not apply in relation to him, but there shall be paid out of the Superannuation Fund to the Commonwealth an amount equal to the amount that was paid to the Fund under subsection 112 (9) in respect of the person upon his entitlement to deferred benefits being cancelled under subsection 143 (2), together with interest, calculated in accordance with subsection (9D), on that amount in respect of the period commencing on the day on which that amount was paid into the Fund under subsection 112 (9) and ending on: (d) the pension pay day next following the day on which the deferred benefits again become payable to or in respect of the person as referred to in paragraph (c); or (e) the second pension pay day after the day on which the Commissioner has determined the amount of any pension or lump sum benefit constituting or forming part of the deferred benefits again becoming payable to or in respect of the person as referred to in paragraph (c), whichever is the later. "(9C) Where: (a) deferred benefits applicable in relation to a person by virtue of Division 3 of Part IX cease to be so applicable upon a deferred benefit becoming payable to the person in accordance with section 67 or 70; (b) the person's entitlement to the deferred benefit is cancelled under subsection 143 (2) and deferred benefits again become applicable in relation to him; and