1Short title
This Act may be cited as the Military Superannuation and Benefits Act 1991.
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This Act may be cited as the Military Superannuation and Benefits Act 1991.
Parts 1, 2, 6 and 7 and sections 42, 47 and 50 to 52 commence on the day on which this Act receives the Royal Assent.
Section 61 commences on 1 September 1991.
The remaining provisions of this Act commence on 1 October 1991.
In this Act, unless the contrary intention appears:
associate benefit means a benefit that is payable under provisions of the Trust Deed that are authorised by section 5A.
Board means the Military Superannuation and Benefits Board of Trustees No. 1 established by section 18, as in force before its repeal by item 110 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
DFRDB Act means the Defence Force Retirement and Death Benefits Act 1973.
Fund means the fund established, and vested in the Board, by the Trust Deed.
From 1 July 2011, the fund is vested in CSC.
member of the Scheme has the meaning given by sections 6 and 7.
Rules means the Rules for the administration of the Scheme set out in the Schedule to the Trust Deed.
Scheme means the superannuation scheme established by the Trust Deed.
Trust Deed means the deed referred to in section 4 and includes that deed as subsequently amended under section 5.
Unless the contrary intention appears, a word or expression:
defined, for the purposes of the Rules, in Schedule 1 to the Rules; and
used in a provision of this Act other than the Deed;
has in that provision the same meaning as it has in the Rules.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Not later than 30 days after the commencement of this Act, the Minister must, for and on behalf of the Commonwealth, by deed:
establish an occupational superannuation scheme for the benefit of persons who, on and after the commencement of Part 3, will be, under that Part, members of the scheme; and
establish, and vest in the Board, a fund for the purposes of the superannuation scheme; and
set out the functions and powers of the Board.
The deed must be in the form set out in the Schedule.
The Minister may, by legislative instrument signed by the Minister, amend the Trust Deed.
Without limiting subsection (1), the Minister may amend the Trust Deed to:
authorise CSC to:
accept particular kinds of amounts in respect of particular kinds of people who are not members of the Scheme; and
deal with those amounts under the Deed; and
define the functions of CSC in relation to those amounts; and
include provisions in the Rules dealing with:
the manner in which those amounts will be dealt with; and
the benefits that are to become payable in relation to those amounts; and
the circumstances in which entitlements to receive those benefits will arise; and
any other matter relating to those amounts or those benefits.
The Minister may not amend the Trust Deed unless:
CSC has consented to the amendment; or
the amendment:
relates to a payment of an employer contribution that will, after the making of the amendment, be required or permitted to be made under this Act; or
relates solely to the termination of the Scheme; or
is made in circumstances covered by regulations made for the purposes of subparagraph 60(1)(b)(iii) of the Superannuation Industry (Supervision) Act 1993.
For the purposes of subparagraph (1A)(b)(i), a payment under the Trust Deed is taken to be a payment of an employer contribution.
If compliance with a provision of the Trust Deed as amended under subsection (1) would have the effect that the Scheme:
would not be a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993; or
would not comply with that Act;
that provision is invalid.
Without limiting subsection 5(1), amendments under that subsection:
may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under this Act:
the non‑member spouse is entitled to benefits determined in accordance with the Rules; and
the benefits of the member spouse are reduced in accordance with the Rules; and
may provide that, when a splitting agreement or splitting order is received by CSC in respect of a superannuation interest under:
section 52 of the Defence Act 1903; or
the Defence Force Retirement and Death Benefits Act 1973;
the non‑member spouse is entitled to benefits determined in accordance with the Rules; and
may make any other provision that is related to, or consequential on, provisions referred to in paragraph (a) or (b).
Subparagraph (1)(b)(ii) does not apply in a case covered by subsection 49B(2) of the Defence Force Retirement and Death Benefits Act 1973.
Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to amendments referred to in subsection (1) of this section.
In this section:
member spouse means a member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.
non‑member spouse means a non‑member spouse within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.
splitting agreement means:
a superannuation agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975); or
a flag lifting agreement (within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975) that provides for a payment split (within the meaning of that Part).
splitting order means a splitting order within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.
superannuation interest means a superannuation interest within the meaning of Part VIIIB or VIIIC of the Family Law Act 1975.
Each of the following persons is a member of the Scheme:
a person who is a member of the Permanent Forces;
a member of the Reserves who is rendering a period of continuous full‑time service.
This section is subject to section 7.
Defence Force Retirement and Death Benefits scheme
A person is not a member of the Scheme if the person is an eligible member of the Defence Force for the purposes of the DFRDB Act.
Those commencing on or after 1 July 2016
A person is not a member of the Scheme if:
the person does not have a preserved benefit that includes an amount of employer benefit; and
on or after 1 July 2016:
the person becomes a member of the Permanent Forces; or
the person, as a member of the Reserves, begins to render continuous full‑time service.
Those choosing Australian Defence Force Superannuation
A person is not a member of the Scheme if the person has chosen to become an ADF Super member under section 12 of the Australian Defence Force Superannuation Act 2015 (whether or not the person is still an ADF Super member).
Where a person ceases to be a member and, immediately after so ceasing, again becomes a member, the person is taken, for the purposes of this Act, not to have ceased to be a member.
Any contribution payable by a member under the Rules may be deducted from the member’s salary and paid to CSC.
The Department must pay to CSC, in accordance with the Rules, all contributions that under the Rules are payable by the Department in respect of a member.
Where any amount payable by the Department under subsection (1) remains unpaid after the day on which payment was due, the Department is liable to pay to CSC interest on that amount at such rate as CSC determines from time to time.
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