Commonwealth Numbered Regulations - Explanatory Statements

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MILITARY SUPERANNUATION AND BENEFITS DECLARATION (NO. 8) 1998 NO. 13

STATUTORY RULES 1998 NO. 13

ISSUED BY THE AUTHORITY OF THE MINISTER FOR DEFENCE INDUSTRY, SCIENCE AND PERSONNEL

MILITARY SUPERANNUATION AND BENEFITS ACT 1991

MILITARY SUPERANNUATION AND BENEFITS DECLARATION (No. 8)

The Military Superannuation and Benefits Act 1991 ("the Act") makes provision in Part 8 for the payment of a retention benefit to certain members of the Military Superannuation and Benefits Scheme ("the Scheme") who have completed 15 years of continuous eligible service. The purpose of the benefit is to induce members to serve for another 5 years to their 20 year point An "eligible member" is defined in section 30 of the Act to include an officer who holds the rank not lower than Major or equivalent (or who was previously an enlisted member); an enlisted member who holds the rank of Sergeant or equivalent; or a member declared by the Minister to be an eligible member.

The purpose of this Declaration is to declare a person as an eligible member if they are included in certain specified employments where they have reached a specified rank. The employment categories covered are the Navy employments of Aviation-Observer and Aviation Technician Aircraft, the Army employment of Aircraft Life Support Fitter and the Air Force employments of Aircraft Technician, Fire Fighter and Ground Support Engineering-Fitter.

The members in these employment categories that are covered by this Declaration do not have the same opportunity for promotion to the required rank of Sergeant (equivalent) or Major (equivalent) by the 15 year point when compared to the average for the respective service and members would normally be promoted to Sergeant (equivalent) or Major (equivalent) given the category structure of the employment categories involved.

Clause 1. Citation

This clause is formal.

Clause 2. Eligible Members

This clause provides that a person is an eligible member if he or she is included in one of the six employment categories and holds a specified rank. The ranks covered are Corporal (equivalent) for the employment categories made up of only enlisted members, and Captain (equivalent) for one of the Navy employment categories which is made up of officers.

Schedule

The Schedule specifies the six employment categories and relevant ranks.

Commencement

The Declaration comes into operation on the date of gazettal.