COMMONWEALTH SUPERANNUATION SCHEMES AMENDMENT ACT 1992 No. 185, 1992
COMMONWEALTH SUPERANNUATION SCHEMES AMENDMENT ACT 1992 No. 185 of 1992 - TABLE OF PROVISIONS
TABLE OF PROVISIONS Section 1. Short title 2. Commencement 3. Amendments of Acts 4. Application and saving-Defence Force Retirement and Death Benefits Act 1973 5. Application and saving-Governor-General Act 1974 6. Application and saving-Judges' Pensions Act 1968 7. Application and saving-Parliamentary and Judicial Retiring Allowances Act 1973 8. Application and saving-Parliamentary Contributory Superannuation Act 1948 9. Application-Superannuation Act 1922 10. Application and saving-Superannuation Act 1976 SCHEDULE AMENDMENTS OF ACTS Defence Force Retirement and Death Benefits Act 1973 Governor-General Act 1974 Judges' Pensions Act 1968 Parliamentary and Judicial Retiring Allowances Act 1973 Parliamentary Contributory Superannuation Act 1948 Superannuation Act 1922 Superannuation Act 1976 COMMONWEALTH SUPERANNUATION SCHEMES AMENDMENT ACT 1992 No. 185 of 1992 - LONG TITLE
An Act to amend various Acts to remove certain discriminatory provisions from a range of Commonwealth superannuation schemes, and for other purposes COMMONWEALTH SUPERANNUATION SCHEMES AMENDMENT ACT 1992 No. 185 of 1992 - SECT 1 Short title
(Assented to 17 December 1992) 1. This Act may be cited as the Commonwealth Superannuation Schemes Amendment Act 1992. (Minister's second reading speech made in- House of Representatives on 14 October 1992 Senate on 5 November 1992) COMMONWEALTH SUPERANNUATION SCHEMES AMENDMENT ACT 1992 No. 185 of 1992 - SECT 2 Commencement
2. This Act commences on 25 June 1993. COMMONWEALTH SUPERANNUATION SCHEMES AMENDMENT ACT 1992 No. 185 of 1992 - SECT 3 Amendments of Acts
3. The Acts specified in the Schedule are amended as set out in the Schedule. COMMONWEALTH SUPERANNUATION SCHEMES AMENDMENT ACT 1992 No. 185 of 1992 - SECT 4 Application and saving-Defence Force Retirement and Death Benefits Act 1973
4.(1) The amendments of the Defence Force Retirement and Death Benefits Act 1973 made by this Act apply, in relation to any benefits payable under that Act in respect of a deceased person who was a contributing member, a recipient member or a person in respect of whom deferred benefits were applicable (within the meaning of that Act), only if the deceased person dies on or after 25 June 1993. (2) The Defence Force Retirement and Death Benefits Act 1973, as in force immediately before 25 June 1993, continues to apply in relation to any benefits payable under that Act in respect of a deceased person who was a contributing member, a recipient member or a person in respect of whom deferred benefits were applicable (within the meaning of that Act), and who died before 25 June 1993. COMMONWEALTH SUPERANNUATION SCHEMES AMENDMENT ACT 1992 No. 185 of 1992 - SECT 5 Application and saving-Governor-General Act 1974
5.(1) The amendments of the Governor-General Act 1974 made by this Act apply, in relation to any allowance payable under that Act in respect of a deceased person who held or had held the office of Governor-General, only if the deceased person dies on or after 25 June 1993.
(2) The Governor-General Act 1974, as in force immediately before 25 June 1993, continues to apply in relation to any allowance payable under that Act in respect of a deceased person who held or had held the office of Governor-General, and who died before 25 June 1993. COMMONWEALTH SUPERANNUATION SCHEMES AMENDMENT ACT 1992 No. 185 of 1992 - SECT 6 Application and saving-Judges' Pensions Act 1968

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6.(1) The amendments of the Judges' Pensions Act 1968 made by this Act apply, in relation to any pension payable under that Act in respect of a deceased person who was a Judge or retired Judge (within the meaning of that Act), only if the deceased person dies on or after 25 June 1993. (2) The Judges' Pensions Act 1968, as in force immediately before 25 June 1993, continues to apply in relation to any pension payable under that Act in respect of a deceased person who was a Judge or retired Judge (within the meaning of that Act), and who died before 25 June 1993. COMMONWEALTH SUPERANNUATION SCHEMES AMENDMENT ACT 1992 No. 185 of 1992 - SECT 7 Application and saving-Parliamentary and Judicial Retiring Allowances Act 1973
7.(1) The amendments of the Parliamentary and Judicial Retiring Allowances Act 1973 made by this Act apply, in relation to any benefits payable under that Act, in respect of a deceased person who was or had been an office-holder mentioned in subsection 22(2) of that Act, only if the deceased person dies on or after 25 June 1993.
(2) The Parliamentary and Judicial Retiring Allowances Act 1973, as in force immediately before 25 June 1993, continues to apply in relation to any benefits payable under that Act in respect of a deceased person who was or had been an office-holder mentioned in subsection 22(2) of that Act, and who died before 25 June 1993. COMMONWEALTH SUPERANNUATION SCHEMES AMENDMENT ACT 1992 No. 185 of 1992 - SECT 8 Application and saving-Parliamentary Contributory Superannuation Act 1948
8.(1) The amendments of the Parliamentary Contributory Superannuation Act 1948 made by this Act apply, in relation to any benefits payable under that Act in respect of a deceased person who was entitled to a parliamentary allowance or retiring allowance was immediately payable, only if the deceased person dies on or after 25 June 1993.
(2) The Parliamentary Contributory Superannuation Act 1948, as in force immediately before 25 June 1993, continues to apply in relation to any benefits payable under that Act in respect of a deceased person who was entitled to a parliamentary allowance or retiring allowance (within the meaning of that Act), whether or not the retiring allowance was immediately payable, and who died before 25 June 1993. COMMONWEALTH SUPERANNUATION SCHEMES AMENDMENT ACT 1992 No. 185 of 1992 - SECT 9 Application - Superannuation Act 1922
9. The amendment to insert section 48ABA in the Superannuation Act 1922 made by this Act applies, in relation to any pension payable under that Act in respect of a deceased person who was a contributor or pensioner (within the meaning of that Act), only if the deceased person dies on or after 25 June 1993. COMMONWEALTH SUPERANNUATION SCHEMES AMENDMENT ACT 1992 No. 185 of 1992 - SECT 10 Application and saving-Superannuation Act 1976
10.(1) The amendments of the Superannuation Act 1976 made by this Act apply, in relation to any benefits payable under that Act in respect of a deceased person who was an eligible employee or retirement pensioner (within the meaning of that Act), only if the deceased person dies on or after 25 June 1993.
(2) The Superannuation Act 1976, as in force immediately before 25 June 1993, continues to apply in relation to any benefits payable under that Act in respect of a deceased person who was an eligible employee or retirement pensioner (within the meaning of that Act), and who died before 25 June 1993. COMMONWEALTH SUPERANNUATION SCHEMES AMENDMENT ACT 1992 No. 185 of 1992 - SCHEDULE
SCHEDULE Section 3 AMENDMENTS OF ACTS Defence Force Retirement and Death Benefits Act 1973 Subsection 3(1) (paragraph (a) of the definition of "child"): Omit the paragraph, substitute: "(a) a person who: (i) is an ex-nuptial child of the member; or (ii) is, immediately before the member's death, a stepchild, an adopted child, a foster child or a ward, of the member; and". Subsection 3(1) (subparagraph (b)(i) of the definition of "child"): (a) Omit "the ex-nuptial child of the member, or". (b) Omit "the widow of", substitute "a spouse who survives". Subsection 3(1) (subparagraph (b)(ii) of the definition of "child"): Omit the subparagraph, substitute: "(ii) was wholly or substantially dependent upon the member at the time of the member's death;". Subsection 3(1) (definitions of "widow" and "widow's pension"): Omit the definitions. Subsection 3(1): Insert: "`spouse pension' means pension payable under Division 1 of Part VI;". Subsection 3(4):
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Omit the subsection. After section 6: Insert:Marital relationship "6A.(1) For the purpose of this Act, a person had a marital relationship with another person at a particular time if the person ordinarily lived with that other person as that other person's husband or wife on a permanent and bona fide domestic basis at that time. "(2) For the purpose of subsection (1), a person is to be regarded as ordinarily living with another person as that other person's husband or wife on a permanent and bona fide domestic basis at a particular time only if: (a) the person had been living with that other person as that other person's husband or wife for a continuous period of at least 3 years up to that time; or (b) the person had been living with that other person as that other person's husband or wife for a continuous period of less than 3 years up to that time and the Authority, having regard to any relevant evidence, is of the opinion that the person ordinarily lived with that other person as that other person's husband or wife on a permanent and bona fide domestic basis at that time; whether or not the person was legally married to that other person. "(3) For the purposes of this Act, a marital relationship is taken to have begun at the beginning of the continuous period mentioned in paragraph (2)(a) or (b). "(4) For the purpose of subsection (2), relevant evidence includes, but it is not limited to, evidence establishing any of the following: (a) the person was wholly or substantially dependent on that other person at the time; (b) the persons were legally married to each other at the time; (c) the persons had a child who was: (i) born of the relationship between the persons; or (ii) adopted by the persons during the period of the relationship; (d) the persons jointly owned a home which was their usual residence. "(5) For the purposes of this section, a person is taken to be living with another person if the Authority is satisfied that the person would have been living with that other person except for a period of: (a) temporary absence; or (b) absence because of special circumstances (for example, absence because of the person's illness or infirmity or a posting of the person).Spouse who survives a deceased person "6B.(1) In this section: `deceased person' means a person who was, at the time of his or her death, a contributing member, a recipient member or a person in respect of whom deferred benefits were applicable. "(2) For the purposes of this Act, a person is a spouse who survives a deceased person if: (a) the person had a marital relationship with the deceased person at the time of the death of the deceased person (`the death'); and (b) in the case of a deceased person who was a recipient member at the time of the death: (i) the marital relationship began before the recipient member became a recipient member; or (ii) the marital relationship began after the recipient member became a recipient member but before the recipient member reached 60; or (iii) in the case of neither subparagraph (i) nor (ii) applying - the marital relationship had continued for a period of at least 5 years up to the time of the death. "(3) In spite of subsection (2), a person is taken to be a spouse who survives a deceased person if: (a) the person had previously had a marital relationship with the deceased person; and (b) the person did not, at the time of the death, have a marital relationship with the deceased person but was legally married to the deceased person; and (c) in the case of a marital relationship that began after the deceased person became a recipient member and reached 60-the relationship began at least 5 years before the deceased person's death; and (2) in the Authority's opinion, the person was wholly or substantially dependent upon the deceased person at the time of the death.".Division 1 of Part VI (heading): Omit "Widows' Pensions", substitute "Spouse's Pension". Section 38: (a) Omit "widow" (twice occurring), substitute "spouse". (b) Omit "his", substitute "the deceased member's". (c) Omit "he", substitute "the deceased member". Subsection 39(1): (a) Omit "widow" (twice occurring), substitute "spouse". (b) Omit "his" (5 times occurring), substitute "the member's". (c) Omit "he" substitute "the member".
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Subsection 39(2): (a) Omit "widow" (twice occurring), substitute "spouse". (b) Omit "he", substitute "the member". Section 40: (a) Omit "widow" (5 times occurring), substitute "spouse". (b) Omit "his", substitute "the member's". (c) Omit "her", substitute "the spouse". Section 41: Repeal the section, substitute: Rate of pension payable on death of member of scheme leaving more than one spouse "41.(1) If a member of the scheme (`deceased person') is survived by more than one spouse, the Authority must allocate any pension payable to a spouse in respect of the deceased person under this Act among the spouses. "(2) The Authority must have regard to the respective needs of the spouses when making the allocation. "(3) Subject to subsections (4) and (5), a pension is only payable to each spouse in accordance with the allocation. "(4) The rate of pension payable to each spouse under the allocation must be at least three-eighths of the rate of the relevant pension in relation to the deceased person under this Act. "(5) The aggregate of the rates of pension payable under an allocation must not exceed 100% of the rate of the relevant pension in relation to the deceased person under this Act. "(6) In subsections (4) and (5), the rate of the relevant pension in relation to the deceased person under this Act is: (a) in the case of a deceased person who was not a recipient member - the rate at which invalidity pay would have been payable to the deceased person if, on the date of the death, the deceased person: (i) had been entitled to invalidity benefit; and (ii) had been classified as Class A under section 30; or (b) in the case of a deceased recipient member, then, subject to sections 47 and 75: (i) if subparagraph (ii) does not apply - the rate at which retirement pay or invalidity pay was payable to the deceased recipient member immediately before the death; or (ii) if a portion of the retirement pay or invalidity pay had been commuted under section 24 or 32A - the rate at which retirement pay or invalidity pay would have been payable to the member immediately before the death if a portion of that retirement pay or invalidity pay had not been so commuted.". Paragraph 41A(1)(a): Omit "the widow of ". Subparagraphs 41A(1)(a)(i) and (ii): Omit the subparagraphs, substitute: "(i) a spouse in relation to a contributing member who died on or after the commencement of the Commonwealth Superannuation Schemes Amendment Act 1992; or (ii) a widow or widower of a contributing member who died on or after the commencement of the Defence Legislation Amendment Act (No.2) 1990 but before the commencement of the Commonwealth Superannuation Schemes Amendment Act 1992; or (iii) a widow or widower of a contributing member who died on or after 15 October 1990 but before the commencement of the Defence Legislation Amendment Act (No. 2) 1990; and". Paragraph 41A(1)(b): Omit "(a)(ii)", substitute "(a)(iii)". After subsection 41A(1): Insert: "(1A) In subsection (1), "widow" and "widower" have their respective meanings given by this Act as in force immediately before the commencement of the Commonwealth Superannuation Schemes Amendment Act 1992.". Subsection 43A(5): After "the widow" insert "(within the meaning of this Act as in force at that time)". Section 44: Repeal the section. Governor-General Act 1974 Title: Omit "widows or widowers", substitute "spouses". Section 2A: Add at the end: "(2) In this Act: `the Commissioner' means the person who holds, or performs the functions of, the office of Commissioner for Superannuation under the Superannuation Act 1976.". After section 2A: Insert: Marital relationship "2B.(1) In this section and section 2C:
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`deceased person' means a person who was, at the time of his or her death, the Governor-General or a person who has at any time after the commencement of this Act held that office. "(2) For the purposes of his Act, a person had a marital relationship with a deceased person at a particular time if the person ordinarily lived with the deceased person as the deceased person's husband or wife on a permanent and bona fide domestic basis at that time.