Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where, because of a person's death:
(a) a productivity benefit becomes payable in respect of the person; and
(b) Part VI applies;
then:
(c) that Part so applies as if the accumulated employer contributions in respect of the person were accumulated supplementary contributions in respect of the person; and
(d) where the person is survived by a spouse:
(i) the spouse may elect that the benefit is not to be treated for the purposes of section 91 as if it were part of the accumulated contributions in respect of the person; and
(ii) where the spouse so elects--the benefit is payable to the spouse.
(2) Where, because of a person's death:
(a) a productivity benefit becomes payable in respect of the person; and
(b) Part VI does not apply;
the benefit is payable to the person's legal personal representative or, if no legal personal representative can be found, to any individual or individuals that CSC determines.
No. 31, 1976
Compilation No. 64
Compilation date: 28 September 2022
Includes amendments up to: Act No. 112, 2020
Registered: 30 September 2022
This compilation is in 2 volumes
Volume 1: sections 1 12pt ">- 110S
Volume 2: sections 110SA 12p t; font-weight:bold">- 250
Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Superannuation Act 1976 that shows the text of the law as amended and in force on 28 September 2022 (the compilation date ).
The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self - repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part VIAA--Superannuation guarantee top - up benefit
110SA Purpose of Part
110SB Interpretation
110SC Interpretation--SG minimum contribution
110SD CSC may determine rate of fund contribution tax
110SE Superannuation guarantee top - up benefit
110SF Application of formulae
110SG Payment of top - up benefit
Part VIAB--Payment into fund of amounts held in other superannuation funds
110SK Request for transfer of amounts to CSC
110SL CSC to pay amounts into Fund
110SM Person's entitlement to benefit
110SN Amount of benefit
110SO Application of benefit
110SP Payment of benefit to spouse etc.
110SQ Payment of benefit to personal representatives etc.
Part VIB--Postponement of benefits of retirement pensioners
110T Circumstances in which benefits may be postponed
110TA Effect of election
110TB Date on which postponed benefits become payable
110TBA Election to receive age retirement benefit etc. at reduced rate
110TC Rates of pension after postponement of payment
110TD Application of Parts VI, VIA and VIAB and Subdivision B of Division 2 of Part IX in relation to postponed benefits
110TE Election by spouse to commute
110TF Payment of lump sum benefit to orphan
110TG Effect of election on benefits already paid
Part VID--Benefits on ceasing to be an eligible employee because of sale of organisation or outsourcing of function
110TV Entitlement to benefits
Part VII--General provisions applicable to benefits
111A Relationship between this Act and SIS Act
111 Payment of accumulated contributions where no other benefit payable etc.
112 Payments to the Commonwealth and payments out of the Consolidated Revenue Fund
113 Instalments of pension
114 Payment of part of spouse's pension etc. attributable to children
115 Payment of orphan benefit
116 Payment of benefit otherwise than to person entitled
117 Pension to or in respect of certain contributors under Defence Force Retirement and Death Benefits Act or MSB Act
118 Assignment of benefits
119 Attachment of benefits
Part VIII--Candidates at Parliamentary elections
120 Persons to whom Part applies
121 Death of person to whom Part applies before declaration of result of election etc.
122 Physical or mental incapacity of person to whom Part applies before declaration of result of election etc.
123 Re - employment of person to whom Part applies
124 Effect of section 121, 122 or 123 in relation to a person to whom Part applies
Part IX--Preservation of rights of certain eligible employees
Division 1--Preliminary
125 Interpretation
126 Modification of Act in relation to eligible employees who were previously members of a superannuation scheme
126A Modification of Act in relation to former eligible employees who become members of a superannuation scheme
Division 2--Eligible employees with preserved rights from previous employment
Subdivision A--Transfer values
127 Transfer value payable in relation to certain employment
128 Payment of transfer values to CSC
128AA Payment to CSC under section 6A of the Superannuation Act 1990
129 Certain lump sums not included in transfer value may be treated as supplementary contributions
130 Exemption of certain eligible employees from medical examination
Subdivision B--Transferred amounts
130A Transferred amounts
130B Transferred amount may be paid to CSC
130C Person's entitlement to benefit
130D Amount of benefit
130E Payment of benefit to spouse etc.
130F Payment of benefit to personal representatives etc.
Division 3--Preservation of rights of persons ceasing to be eligible employees
131 Interpretation
133 Public employment
134 Eligible superannuation schemes
135 Transfer value
136 Deferred benefits
137 Election that Division apply
137A Election to receive deferred benefits at reduced rate
138 Circumstances in which person entitled to deferred benefits
139 Circumstances in which person entitled to transfer value
139A Election for transfer value by people in relation to whom deferred benefits apply
139AA Deferral of benefit
140 Person who is entitled to rights under Division not entitled to rights under other provisions of Act
141 Certain former eligible employees not entitled to benefits under Division
142 Eligible employee who resigned to contest an election
143 Invalidity pensioner restored to health
144 Person entitled to deferred benefits again becoming an eligible employee etc.
Division 4--Miscellaneous
145 Special provisions affecting certain former contributors under certain superannuation schemes
146 Application of section 112 to payment of transfer value
Part IXA--Commutation of pension: payment of surcharge liability
Division 1--Introduction
146A Simplified outline
146B Definitions
Division 2--Commutation of former eligible employee's pension
146C Commutation of former eligible employee's pension--payment of surcharge liability
146D Conversion factor in relation to surcharge commutation amount
Division 3--Commutation of spouse's pension
146E Commutation of spouse's pension--payment of surcharge liability
146F Method for reduction of spouse's pension in relation to surcharge commutation amount
Division 4--Commutation of orphan pension
146G Commutation of orphan pension--payment of surcharge liability
146H Method for reducing orphan pension in relation to surcharge commutation amount
Part IXB--Family law superannuation splitting
Division 1--Preliminary
146MA Definitions
Division 2--Benefits for non - member spouse
146MB Associate pension or deferred benefits for non - member spouse
146MC Associate deferred benefits
146MD Commutation of small associate pension
Division 3--Reduction of benefits for member spouse
146ME Operative time during growth phase--reduction of benefits
146MF Operative time during growth phase--reduction where original interest is entitlement to associate deferred benefits
146MG Operative time during payment phase--reduction of pension
Division 4--Miscellaneous
146MH Ministerial Orders
Part IXC--Sustaining the superannuation contribution concession: release of benefits to meet deferred tax liability
146RA Definitions
146RB Release of benefits under a release authority
146RC Election specifying which benefit is to be reduced
146RD Limit on amount that may be released
146RE Calculation of benefits after payment of release authority lump sum
Part X--Pension increases on and after 1 January 2002
147 Interpretation
148 Increases in pensions
149 Increase payable in respect of part only of certain pensions
150 Adjustment of increase in case of certain pensions
151 Application of Part to pensions payable to or in respect of certain overseas employees
152 Death or invalidity retirement of eligible employee before 21st anniversary of birth
153 Date of effect of increases
Part XA--Review of decisions made by the CSC
Division 1--Preliminary
153AA Interpretation
Division 2--Reconsideration Advisory Committees
153AB Establishment
153AC Membership of Committee
153AD Functions of Committee
153AE Proceedings of Committee
153AF Indemnification of members of Reconsideration Advisory Committees
153AG Remuneration and allowances
Division 3--Reconsideration of decision made by delegate
153AH Application to CSC
153AJ Decision to be referred to panel in certain circumstances
153AK Decision to be referred to Committee
153AL Determination by CSC
153ALA Reconsideration of certain decisions by a delegate relating to invalidity
Division 4--Reconsideration of decision made by CSC
153AM Application to CSC
153AN Payment of fees
153AP Decision to be reconsidered only on basis of new evidence
153AQ Decision to be referred to panel in certain circumstances
153AR Decision to be referred to Committee
153AS Determination by CSC
153AT Reconsideration of certain decisions by the CSC relating to invalidity
Part XI--Miscellaneous
154AA CSC may rely on information supplied by employers or former employers
154A Determinations with respect to interest and notional interest
154AB Determination with respect to surcharge deduction amount
154B Calculation of increase in annual rate of salary by reference to estimated increase in full - time adult average weekly ordinary time earnings
155 Modification of Act in relation to part - time employees
155A Modification of Act in relation to person who is or was an eligible employee to whom age or early retirement pension is or was payable
155B Modification of Act in relation to persons who cease to be eligible employees in certain circumstances
155C Regulations relating to the operation of the SIS Act and certain other laws
155D Death may be presumed in certain cases
156 Recovery of unpaid contributions etc.
156A Refund of money paid by mistake etc.
156B Recoverable payments
156C Recoverable death payments
156D Reports about recoverable payments and recoverable death payments
157 General provisions applicable to elections under Act
158 Interim payment of benefits
158A Payment of unclaimed money to eligible roll - over fund
159 Payment by approved authorities etc. to the Commonwealth in respect of eligible employees
160 Cost of administration of, and of medical examinations under, Act etc.
160A CSC liable to pay surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997
163 Minister may request the supply of information
163A Power to require persons to give information and produce documents
163AB CSC may require employers to distribute information etc. to eligible employees
164 Directions etc. to be in writing
165 Delegation
166 Eligible employees paid in foreign currency
167 Making false statements to CSC
167AA Proceedings against corporations
167AB Exercise of certain powers by Minister
168 Regulations
Part XII--Transitional provisions
Division 1--Preliminary
169 Interpretation
Division 2--Existing superannuation fund
170 Interpretation
171 Transfer of certain assets and liabilities
172 Instruments
173 Certificates
174 Pending proceedings
175 Allocation of existing Fund between pensioners and contributors
176 Allocation among eligible pensioners
177 Allocation among existing contributors
178 Payment from new Fund to the Commonwealth
179 Determinations etc. to be in writing
Division 3--Invalidity pensioners
180 Existing invalidity pensioners
Division 4--Existing contributors
181 Interpretation
182 First day of service
183 Modification of Act in relation to existing contributors
184 Medical examinations and benefit classification certificates
185 Existing contributors contributing in excess of 5% of salary
186 Existing contributors under 40 years of age contributing less than 5% of salary
Division 5--Miscellaneous
187 Persons who exchanged pension rights for equivalent rights under superseded Act
188 Persons who exchanged rights to refunds or gratuities under other law for equivalent rights under superseded Act
189 Dealings by former CSC with policies to which section 74 of superseded Act applies
190 Unpaid contributions under superseded Act
191 Assignment of life policies under superseded Act
192 Persons with whom arrangements made under section 7 of the superseded Act
Part XIII--Transfers to approved superannuation schemes
237 Interpretation
238 Loss of entitlement to benefits--eligible employee transferring to an approved superannuation scheme
239 Approval of superannuation schemes
240 Transfer of assets etc. to approved superannuation schemes
241 Payments from Consolidated Revenue Fund
242 Exemption from tax etc.
Part XIIIA--Transfers to authorised superannuation schemes
242A Holders of statutory offices
242B Authorisation of superannuation schemes
242C Deferred benefits--eligible employee transferring to an authorised superannuation scheme
242D Deferred benefits under this Part
242E Circumstances in which deferred benefits become payable
Part XIV--Transfers to Public Sector Superannuation Scheme
243 Interpretation
244 Election to join Public Sector Superannuation Scheme
245 Effect of election
246 Loss of entitlement to benefits
247 Revocation of election in certain cases
248 Transfer of assets and liabilities to PSS Fund
249 Advances in respect of assets to be transferred
250 Exemption from tax etc.
Schedule 1--Standard age retirement pension on or after attaining 65 years
Schedule 2--Standard age retirement pension on or after attaining 60 years and before 65 years
Schedule 3--Invalidity pension
Schedule 4--Invalidity pension
Schedule 5--Invalidity pension
Schedule 6--Invalidity pension
Schedule 7--Invalidity pension
Schedule 8--Invalidity pension
Schedule 11--Deferred benefits
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Miscellaneous