Bills Digest No. 131   1997-98 Superannuation Legislation (Commonwealth Employment - Saving and Transitional Provisions) Bill 1997


Numerical Index | Alphabetical Index

WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

CONTENTS

Passage History Purpose Background Main Provisions Contact Officer and Copyright Details

Passage History

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).

Main Provisions

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.

Contact Officer and Copyright Details

Chris Field
18 February 1998
Bills Digest Service
Information and Research Services

This paper has been prepared for general distribution to Senators and Members of the Australian Parliament. While great care is taken to ensure that the paper is accurate and balanced, the paper is written using information publicly available at the time of production. The views expressed are those of the author and should not be attributed to the Information and Research Services (IRS). Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion. Readers are reminded that the paper is not an official parliamentary or Australian government document.

IRS staff are available to discuss the paper's contents with Senators and Members
and their staff but not with members of the public.

ISSN 1328-8091
Commonwealth of Australia 1997

Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, without the prior written consent of the Parliamentary Library, other than by Members of the Australian Parliament in the course of their official duties.

Published by the Department of the Parliamentary Library, 1997.



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