Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 135 of 1991 as amended
This compilation was prepared on 18 July 2011
taking into account amendments up to Act No. 58 of 2011
[NOTE: The Military Superannuation and Benefits Trust Deed and Rules were made by the rule-maker on 18 September 1991 as a stand alone instrument. This instrument, not the Act, has been amended by amending legislative instruments see s. 5(1).
An up-to-date electronic compilation of the Deed and Rules is available on ComLaw.]
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney-General's Department, Canberra
Contents
Part 1--Preliminary 1
1............ Short title [see Note 1] ........................................................................ 1
2............ Commencement [see Note 1] .............................................................. 1
3............ Interpretation ....................................................................................... 1
3A......... Application of the Criminal Code ....................................................... 2
Part 2--The Trust Deed 3
4............ Deed to establish Superannuation Scheme etc. .................................... 3
5............ Amendment of Trust Deed [see Note 2] ............................................. 3
5A......... Amendments of Trust Deed to implement family law interest splitting 4
Part 3--Members of Superannuation Scheme 6
6............ Membership of Superannuation Scheme ............................................. 6
8............ Cases where person taken not to have ceased to be a member ............ 6
Part 4--Contributions 7
9............ Contributions of members to Superannuation Scheme etc. to be deducted from salary 7
10.......... Contributions to Superannuation Scheme etc. by Department ............. 7
Part 5--Payment of benefits 8
11.......... Interpretation ....................................................................................... 8
12.......... Member benefits ................................................................................. 8
13.......... Employer benefits ............................................................................... 8
14.......... Preserved benefits ............................................................................... 9
15.......... Payment by or to the Commonwealth on reclassification of invalidity pensioner 10
16.......... Payment by Commonwealth where an invalidity pensioner again becomes a member 10
16A....... Payments relating to associate benefits .............................................. 10
17.......... Appropriation .................................................................................... 10
Part 6--CSC 11
18.......... Functions and powers ....................................................................... 11
Part 9--Miscellaneous 12
42.......... Cost of administration of Act etc. ...................................................... 12
42A....... CSC liable to pay surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 .......................................................................................................... 12
43.......... Recovery of unpaid contributions etc. ............................................... 12
44.......... Payment of fees ................................................................................. 13
45.......... Assignment of benefits ..................................................................... 13
46.......... Member etc. bound by Rules ............................................................ 13
47.......... Indemnification ................................................................................. 13
48.......... Bank not liable in respect of certain payments out of account of deceased pensioner 14
49.......... Amendments to Trust Deed disallowable under the Legislative Instruments Act 2003 14
51.......... Delegation by Minister ...................................................................... 15
51A....... Transitional--MSB Instrument No. 3 of 1993 to have retrospective effect 15
52.......... Regulations ....................................................................................... 16
Part 10--Amendments of the Defence Force Retirement and Death Benefits Act 1973 18
Sections 53-61 ................................................................................................. 18
Schedule--Form of Trust Deed [see Note 2] 19
Military Superannuation and Benefits Rules 27
Part 1--Preliminary 27
Part 2--Contributions 27
Part 3--Members' Benefits 27
Division 1--Benefits other than Invalidity Benefits 27
Division 2--Invalidity Benefits 28
Division 3--Person Rejoining the Scheme 28
Part 4--Spouses' and Children's Benefits 29
Division 1--Death of Member 29
Division 2--Death of Retirement Pensioner 29
Division 3--Death of Spouse 29
Division 4--Miscellaneous 29
Part 5--Payment of Preserved Benefits 29
Part 6--Increases in Maximum Benefit Limits, Pensions and Certain Unfunded Preserved Benefits 30
Division 1--Increases in Maximum Benefit Limits 30
Division 2--Increases in Pensions and Certain Unfunded Preserved Benefits 30
Part 7--Candidates at Parliamentary Elections 30
Part 8--General Provisions Applicable to Contributions and Benefits 30
Part 9--Reconsideration of Decisions 31
Military Superannuation and Benefits Rules 33
Part 1--Preliminary 33
Citation .. .......................................................................................................... 33
Definitions and interpretation ........................................................................... 33
Part 2--Contributions 36
Contributions by members ............................................................................... 36
Amount of contributions .................................................................................. 36
Cessation of contributions on reaching maximum benefit limit ........................ 37
Contributions while on leave without pay in connection with birth of child etc. 38
Contributions while on other leave without pay ............................................... 38
General conditions applicable to contributions under rules 6 and 7 .................. 39
Member contributions to be paid to CSC ......................................................... 39
Liability of Department to pay employer contributions .................................... 40
Payment of contributions into Fund ................................................................. 40
Part 3--Members' Benefits 41
Division 1--Benefits other than Invalidity Benefits 41
Benefits on retirement before reaching 55 years of age or earlier retiring age, otherwise than for redundancy or retrenchment etc. .......................................................................................................... 41
Benefits on retirement for redundancy or retrenchment or on attaining retiring age of less than 55 years 41
Benefits on retirement on or after attaining age of 55 years .............................. 42
Payment of benefits where rule 12 applies and person has less than 12 months' eligible service 42
Limitation on certain benefits in case of certain transferees who retire before completing 731 days' service after 30 September 1991 .................................................................................................. 43
Division 2--Invalidity Benefits 45
Subdivision A--Incapacity Classification 45
Establishment of Incapacity Classification Committee ..................................... 45
Membership of Committee ............................................................................... 45
Functions of Committee ................................................................................... 45
Proceedings of Committee ............................................................................... 45
Decisions by Committee .................................................................................. 45
Classification in respect of incapacity ............................................................... 46
Reclassification in respect of incapacity ........................................................... 46
Decision as to classification or reclassification to be notified to invalidity retiree 48
Power of CSC to require persons to be medically examined etc. ..................... 48
Subdivision B--Invalidity Benefits 51
Entitlement to invalidity benefits ...................................................................... 51
Invalidity benefits for person classified as Class A .......................................... 51
Invalidity benefits for person classified as Class B .......................................... 51
Effect of change of invalidity classification on pension and preserved benefit . 52
Person may be treated as having been retired on ground of invalidity .............. 52
Subdivision C--Invalidity Benefits Not Payable 52
Person classified as Class C ............................................................................. 52
Pre-existing condition ...................................................................................... 53
Invalidity due to intentional act ......................................................................... 53
Invalidity arising during absence without leave exceeding 21 days .................. 53
Division 3--Person Rejoining the Scheme 55
Suspension of pension of retirement pensioner other than invalidity retiree ..... 55
Cancellation of pension etc. of invalidity retiree ............................................... 55
Continuation of previous election to cease paying contributions ...................... 55
Part 5--Spouses' and Children's Benefits 56
Division 1--Death of a Member 56
Applicability of benefits ................................................................................... 56
Payment of deceased member's member benefit .............................................. 56
Payment of deceased member's employer benefit ............................................ 56
Division 2--Death of Retirement Pensioner 59
Applicability of benefits ................................................................................... 59
Pensions payable .............................................................................................. 59
Final benefit payable in relation to deceased retirement pensioner .................... 59
Death in certain cases due to retirement disabilities .......................................... 60
Effect of death of invalidity pensioner while pension suspended ..................... 61
Division 3--Death of Spouse 62
Child's benefit upon death of spouse ............................................................... 62
Division 4--Miscellaneous 63
Entitlements where two spouses ...................................................................... 63
Payment of balance of benefit where pension becomes payable to child in certain cases 63
Part 5--Payment of Preserved Benefits 65
Drawing on member benefit included in preserved benefit .............................. 65
Fee for payment of part of person's member benefit ........................................ 65
Payment of employer benefit included in preserved benefit before person attains age of 55 years 65
Payment of employer benefit included in preserved benefit to person who has attained 55 years of age 66
Compulsory payment of preserved benefit to person on attaining 65 years of age 67
Payment of deceased former member's preserved benefit ................................ 67
Part 6--Increases in Maximum Benefit Limits, Pensions and Certain Unfunded Preserved Benefits 69
Division 1--Increases in Maximum Benefit Limits 69
Increases in maximum benefit limits ................................................................ 69
Division 2--Increases in Pensions and Certain Unfunded Preserved Benefits 70
Increases in pensions and certain unfunded preserved benefits ........................ 70
Application of increase to suspended pension .................................................. 71
Proportionate increase for part of a year ........................................................... 71
Adjustment in connection with invalidity reclassification ................................. 72
Date of effect of increase .................................................................................. 74
Interpretation .................................................................................................... 74
Part 7--Candidates at Parliamentary Elections 76
Re-instated member .......................................................................................... 76
Death or physical or mental incapacity of person ............................................. 76
Part 8--General Provisions Applicable to Contributions and Benefits 77
Provisions applicable to elections under the Rules ........................................... 77
Rate of pension where lump sum converted into pension ................................ 78
Benefits in unusual or exceptional circumstances ............................................. 78
Instalments of pensions .................................................................................... 78
Set off against pension in certain cases ............................................................ 79
Interest payable where payment of benefit delayed .......................................... 79
Payment of benefit otherwise than to person entitled ....................................... 80
Withholding payment of benefit where required information not provided ...... 81
Part 9--Reconsideration of Decisions 82
Establishment of Reconsideration Advisory Committees ................................. 82
Membership of Committee ............................................................................... 82
Functions of Committee ................................................................................... 82
Proceedings of Committee ............................................................................... 82
Reconsideration of decision made by delegate ................................................. 82
Reconsideration of decision made by CSC ...................................................... 83
Content of statements of reasons for decisions ................................................ 84
Interpretation .................................................................................................... 84
Schedule 1--Glossary 85
Part 1--Definitions 85
Part 2--Resign to contest an election 90
Part 3--Retirement 91
Part 4--Retiring age 92
Part 5--Spouse 93
Part 6--Parts of speech and grammatical forms 95
Part 7--Number 96
Part 8--Reckoning of time 97
Part 9--Attainment of particular age 98
Schedule 2--Prescribed periods for the purposes of rule 4 99
Schedule 3--Calculation of maximum benefit limits 101
Schedule 4--Percentage of employer benefit or deceased pensioner's pension applicable to spouse or eligible child 102
Schedule 5--Calculation of rate of pension by conversion of employer benefit 103
Schedule 6--Calculation of eligible service 104
Schedule 7--Calculation of final average salary 106
Schedule 8--Calculation of employer benefit 107
Part 1--Calculation of employer benefit of person with not less than 7 years' eligible service or Invalidity Retiree or 1973 Scheme Recipient Member (other than 1973 Scheme Re-Entrant or 1991 Scheme Re-Entrant or MBL Member or Foreign Service Member) 107
Part 2--Calculation of Employer Benefit of Person with less than 7 years' eligible service (other than Invalidity Retiree or 1973 Scheme Recipient Member or 1973 Scheme Re-Entrant or 1991 Scheme Re-Entrant or Foreign Service Member) 109
Part 3--Calculation of Employer Benefit of 1973 Scheme Re-Entrant, 1991 Scheme Re-Entrant or Foreign Service Member, with not less than 7 years' aggregated service 111
Part 4--Calculation of Employer Benefit of 1973 Scheme Re-Entrant or Foreign Service Member, with less than 7 years' aggregated service (other than Invalidity Retiree) 112
Part 5--Calculation of employer benefit of MBL Member 114
Part 6--Interpretation 116
Schedule 9--Calculation of member benefit 117
Schedule 10--Transfer value 118
Schedule 11--Rates of interest applicable in respect of certain unfunded amounts 119
Notes 121
Notes to
the
Military Superannuation and Benefits Act
1991 Note 1 The Military Superannuation and Benefits Act 1991 as
shown in this
compilation comprises
Act No. 135, 1991 amended as indicated in the Tables below. All relevant information pertaining to application, saving or
transitional provisions prior to 22 March 2001 is not included in this compilation. For subsequent information see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
135, 1991 |
7 Sept 1991 |
Parts 1 and 2 (ss. 1-5), 6 and 7 (ss. 18-28), ss.
42, 47 and 50-52: Royal Assent |
|
|
|
91, 1992 |
30 June 1992 |
Ss. 13 and 14: 1 Sept 1992 (see Gazette 1992,
No. S211) |
-- |
|
|
Superannuation Guarantee (Consequential Amendments) Act 1992 |
92, 1992 |
30 June 1992 |
1 July 1992 |
-- |
|
Superannuation Industry (Supervision) Consequential Amendments Act 1993 |
82, 1993 |
30 Nov 1993 |
Ss. 1, 2, 14, 16(2), 41, 42, 45, 46, 48(1) and 52-64: 1 Dec 1993 |
S. 40 |
|
95, 1993 |
22 Dec 1993 |
22 Dec 1993 |
||
|
43, 1995 |
15 June 1995 |
Schedule 4: Royal Assent (a) |
-- |
|
|
58, 1996 |
20 Nov 1996 |
Schedule 2 (item 2): Royal Assent (b) |
-- |
|
|
1, 1997 |
19 Feb 1997 |
Schedule 2 (items 28, 85, 111, 145): Royal Assent (c) |
-- |
|
|
39, 1997 |
17 Apr 1997 |
Schedule 3 (item 104): (d) |
-- |
|
|
152, 1997 |
24 Oct 1997 |
Schedule 2 (items 937, 938): 1 Jan 1998 (see Gazette 1997, No. GN49) (e) |
-- |
|
|
Superannuation Legislation Amendment (Superannuation Contributions Tax) Act 1997 |
187, 1997 |
7 Dec 1997 |
Schedule 7: Royal Assent (f) |
-- |
|
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 |
44, 1999 |
17 June 1999 |
Schedule 7 (items 119-121): 1 July 1999 (see Gazette 1999, No. S283) (g) |
S. 3(2)(e) (am. by 160, 2000, Sch. 4 [item 4]) |
|
as amended by |
|
|
|
|
|
160, 2000 |
21 Dec 2000 |
Schedule 1 (item 21): Royal Assent |
-- |
|
|
Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 |
10, 2001 |
22 Mar 2001 |
Schedule 2 (items 66, 94, 95): |
Sch. 2 (items |
|
Defence Legislation Amendment (Application of Criminal Code) Act 2001 |
141, 2001 |
1 Oct 2001 |
S. 4: Royal Assent |
S. 4 [see Table A] |
|
as amended by |
|
|
|
|
|
135, 2003 |
17 Dec 2003 |
Schedule 2 (item 28): (i) |
-- |
|
|
111, 2003 |
12 Nov 2003 |
12 Nov 2003 |
Sch. 1 (item 25) [see Table A] |
|
|
Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004 |
58, 2004 |
4 May 2004 |
Schedule 1: 18 May 2004 |
S. 4 [see Table A] |
|
121, 2005 |
6 Oct 2005 |
Schedule 5: (j) |
Sch. 4 (item 4) [see Table A] |
|
|
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 |
58, 2011 |
28 June 2011 |
Schedule 1 (items 104-114, 247(1)): (k) |
-- |
(a) The Military Superannuation and Benefits Act 1991 was amended by Schedule 4 only of the Defence Legislation Amendment Act 1995, subsection 2(1) of which provides as follows:
(1) Except as indicated in subsections (2), (3) and (4), this Act commences on the day on which it receives the Royal Assent.
(b) The Military Superannuation and Benefits Act 1991 was amended by Schedule 2 (item 2) only of the CFM Sale Act 1996, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(c) The Military Superannuation and Benefits Act 1991 was amended by Schedule 2 (items 28, 85, 111 and 145) only of the Defence Legislation Amendment Act (No. 1) 1997, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(d) The Military Superannuation and Benefits Act 1991 was amended by Schedule 3 (item 104) only of the Income Tax (Consequential Amendments) Act 1997, section 2 of which provides as follows:
2. This Act commences on 1 July 1997.
(e) The Military Superannuation and Benefits Act 1991 was amended by Schedule 2 (items 937 and 938) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
(f) The Military Superannuation and Benefits Act 1991 was amended by Schedule 7 only of the Superannuation Legislation Amendment (Superannuation Contributions Tax) Act 1997, subsection 2(1) of which provides as follows:
(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(g) The Military Superannuation and Benefits
Act 1991 was amended by Schedule 7 (items
119-121) only of the Financial Sector Reform (Amendments and Transitional
Provisions) Act (No. 1) 1999, subsections 3(2)(e) and (16) of which
provide as follows:
(2) The following provisions commence on the transfer date:
(e) subject to subsection (12), Schedule 7, other than items 43, 44, 118, 205 and 207 (the commencement of those items is covered by subsections (10), (11) and (13)).
(16) The Governor-General may, by Proclamation published in the Gazette, specify the date that is to be the transfer date for the purposes of this Act.
(h) The Military Superannuation and Benefits Act 1991 was amended by Schedule 2 (item 66) only of the Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the 28th day after the day on which it receives the Royal Assent.
(i) Subsection 2(1) (item 9) of the Defence Legislation Amendment Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
9. Schedule 2, item 28 |
Immediately after the commencement of section 2 of the Defence Legislation Amendment (Application of Criminal Code) Act 2001 |
1 October 2001 |
(j) Subsection 2(1) (item 3) of the Defence Legislation Amendment Act (No. 1) 2005 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 5 |
Immediately after the commencement of section 3 of the Legislative Instruments Act 2003. |
1 January 2005 |
(k) Subsection 2(1) (item 2) of the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedules 1 and 2 |
Immediately after the commencement of section 2 of the Governance of Australian Government Superannuation Schemes Act 2011. |
1 July 2011 |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Part 1 |
|
|
am. No. 121, 2005 |
|
|
am. No. 58, 2004; No. 58, 2011 |
|
|
ad. No. 141, 2001 |
|
|
Part 2 |
|
|
am. No. 82, 1993; No. 43, 1995; No. 111, 2003; No. 121, 2005; No. 58, 2011 |
|
|
ad. No. 58, 2004 |
|
|
|
am. No. 121, 2005; No. 58, 2011 |
|
Part 3 |
|
|
am. No. 92, 1992; No. 10, 2001 |
|
|
S. 7...................................... |
rep. No. 92, 1992 |
|
Part 4 |
|
|
am. No. 58, 2011 |
|
|
Part 5 |
|
|
am. No. 58, 2011 |
|
|
ad. No. 58, 2004 |
|
|
|
am. No. 58, 2011 |
|
Part 6 |
|
|
Part 6.................................. |
rs. No. 58, 2011 |
|
rs. No. 58, 2011 |
|
|
am. No. 152, 1997 |
|
|
|
rep. No. 58, 2011 |
|
am. No. 121, 2005 |
|
|
|
rep. No. 58, 2011 |
|
rep. No. 58, 2011 |
|
|
am. Nos. 39 and 187, 1997 |
|
|
|
rep. No. 58, 2011 |
|
rs. No. 152, 1997 |
|
|
|
rep. No. 58, 2011 |
|
ad. No. 152, 1997 |
|
|
|
rep. No. 58, 2011 |
|
am. No. 43, 1995 |
|
|
|
rep. No. 58, 2011 |
|
Part 7.................................. |
rep. No. 58, 2011 |
|
rep. No. 58, 2011 |
|
|
Part 8.................................. |
rep. No. 121, 2005 |
|
S. 29.................................... |
rep. No. 121, 2005 |
|
S. 30.................................... |
am. No. 1, 1997; No. 121, 2005 |
|
|
rep. No. 121, 2005 |
|
Ss. 31-35............................ |
rep. No. 121, 2005 |
|
S. 36.................................... |
am. No. 1, 1997 |
|
|
rep. No. 121, 2005 |
|
Ss. 37-40............................ |
rep. No. 121, 2005 |
|
Part 9 |
|
|
S. 41.................................... |
rep. No. 58, 1996 |
|
am. No. 58, 2011 |
|
|
Heading to s. 42A.............. |
am. No. 58, 2011 |
|
ad. No. 187, 1997 |
|
|
|
am. No. 58, 2011 |
|
am. No. 58, 2011 |
|
|
am. No. 58, 2004 |
|
|
Heading to s. 47................ |
am. No. 58, 2011 |
|
am. No. 91, 1992; No. 58, 2011 |
|
|
Heading to s. 48................ |
am. No. 44, 1999 |
|
am. No. 44, 1999 |
|
|
S. 49.................................... |
rep. No. 121, 2005 |
|
|
ad. No. 58, 2011 |
|
S. 50.................................... |
rep. No. 43, 1995 |
|
am. No. 58, 2011 |
|
|
ad. No. 95, 1993 |
|
|
am. No. 43, 1995; No. 121, 2005; No. 58, 2011 |
|
|
Schedule |
|
|
Schedule............................ |
am. No. 58, 2011 |
Note 2
The Trust Deed and Rules in the Schedule to the Military Superannuation and Benefits Act 1991 are amended by amending Instruments see section 5(1) of the Act.
An up-to-date electronic compilation of the Deed and Rules is available on ComLaw.
Table A
Application, saving or transitional provisions
Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 (No. 10, 2001)
Schedule 2
94 Saving--old regulations
(1) Regulations that were in effect under any Act immediately before the commencement of this item continue to have effect after that time as if members of an arm of the Defence Force who were members of a particular part or component of that arm immediately before the commencement of this item were still members of that part or component after that time, even if that part or component no longer exists.
Example: Assume that, immediately before the commencement of this item, regulations imposed training obligations on members of the Air Force Specialist Reserve. Those obligations would continue to apply to former members of that Reserve after commencement, even though the Air Force Specialist Reserve itself is no longer mentioned in the Air Force Act 1923 and the members have now become members of the Air Force Reserve.
(2) However, regulations that continue in effect under this item do so only to the extent that they are not amended or revoked by later regulations.
95 Regulations about transitional matters
(1) The regulations may make provision in relation to other saving and transitional matters in connection with the amendments made by this Schedule.
(2) In particular, such regulations may deal with the status, after the commencement of the amendments, of persons who were members of the Defence Force immediately before that time.
(3) Subitem (2) does not limit the scope of subitem (1).
Defence Legislation
Amendment (Application of Criminal Code) Act 2001
(No. 141, 2001)
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Superannuation (Government Co-contribution for Low Income Earners) (Consequential Amendments) Act 2003 (No. 111, 2003)
Schedule 1
25 Application of amendments
The amendments made by Part 1 of this Schedule apply in relation to contributions made to complying superannuation funds and RSAs on or after 1 July 2003.
Superannuation Legislation Amendment (Family Law and Other Matters) Act 2004 (No. 58, 2004)
4 Application of family law interest-splitting amendments
(1) The family law interest-splitting amendments apply to:
(a) any splitting agreement, or splitting order, that has an operative time after the commencement of Schedule 1; and
(b) a splitting agreement, or splitting order, with an earlier operative time, if no benefits had become payable before the commencement of Schedule 1 in respect of the superannuation interest to which the agreement or order relates.
(2) In this section:
family law interest-splitting amendments means the amendments made by Schedule 1, other than items 24 and 34.
Defence Legislation Amendment Act (No. 1) 2005 (No. 121, 2005)
Schedule 4
4 Saving provision
(1) Despite the repeals and the amendment made by this Schedule, the Military Superannuation and Benefits Act 1991 continues to apply, in relation to a person who was a member of the Scheme immediately before commencement, as if those repeals and that amendment had not happened.
(2) For the purposes of Part 8 of the Military Superannuation and Benefits Act 1991 as continued in force by this item, salary has whichever of the following meanings is applicable:
(a) the meaning prescribed by regulations under this paragraph;
(b) if no regulations are in force under paragraph (a)--the meaning given by Part 8 of the Military Superannuation and Benefits Act 1991, as in force immediately before commencement.
(3) In this item:
commencement means the time at which this item commenced.
Scheme has the same meaning as in the Military Superannuation and Benefits Act 1991.