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This Digest was prepared for debate. It reflects the legislation as
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CONTENTS
Passage History Purpose Background
Main Provisions Contact
Officer and Copyright Details
Date Introduced: 3 December
1997
House: House of
Representatives
Portfolio: Finance and Administration
Commencement: 1 July 1988. However, the
operative amendments to the various superannuation schemes will
commence on repeal of the various Acts - refer to the Digest for
the Superannuation Legislation (Commonwealth Employees) Repeal and
Amendment Bill 1997.
Purpose
To preserve benefits available to
members of various Commonwealth superannuation schemes despite the
repeal of the Acts that established those schemes.
Background
Refer to the Digest for the Superannuation Legislation
(Commonwealth Employment) Repeal and Amendment Bill 1997
(SLCE).
Part 2 of the Bill makes amendments
consequential to the amendments contained in SLCE to the
Superannuation Act 1976 (SA76). Item 5
provides that regulations relating to early retirement benefits or
the commutation of an additional aged or early retirement benefit
will continue to apply to those affected by the repeal of SA76.
Item 6 allows current appeals to the
Administrative Appeals Tribunal made before the repeal of SA76 to
continue to have effect if the appeal has not been determined by
the date of the repeal.
The main transitional provision relates to members of CSS who
may otherwise have had their benefits effected by the repeal of
SA76 under SLCE. Item 8 provides that entitlements
under CSS will continue to be available to members entitled to
benefits before the repeal of SA76. This will validate payments
under CSS to existing members despite the repeal of SA76.
Part 4 of the Bill deals with the effect of
SLCE on PSS established under the Superannuation Act 1990
(SA90). The amendments are similar to those relating to SA76,
including the preservation of benefits available under SA90 and the
trust deed, for members who were entitled to benefits prior to the
repeal of SA90 by SLCE.
Similar amendments will be made to the Superannuation Act
1922 to maintain benefits payable under that Act despite the
repeal of that Act by SLCE (Part 6).
The Bill also maintains benefits payable under a number of Acts
that have a very limited application, such as the
Superannuation (Productivity) Act 1988 and the Papua
New Guinea (Staffing Assistance) Act 1973.
Chris Field
18
February 1998
Bills Digest Service
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ISSN 1328-8091
Commonwealth of Australia 1997
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Published by the Department of the Parliamentary Library,
1997.
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