Defence Legislation Amendment (Superannuation and ADF Cover) Act 2015 (120 of 2015)

Schedule 1   Main amendments

Part 1   Amendments

Defence Act 1903

2   After section 52

Insert:

52A Department's employer superannuation contributions

(1) This section applies in relation to a person if:

(a) the person:

(i) renders service as a member of the Permanent Forces on or after 1 July 2016; or

(ii) renders continuous full time naval, military or air force service as a member of the Reserves on or after that day; and

(b) the person:

(i) is a member of the Australian Defence Force Superannuation Scheme; or

(ii) would have been a member of ADF Super except that another fund has become the person's chosen fund for contributions by the Department.

Employer superannuation contributions

(2) Each payday for the person, the Department must contribute to the person's chosen fund, for the benefit of the person, 16.4% of the ordinary time earnings paid by the Department for the person for the pay period.

Definitions

(3) In this section:

ADF Super has the meaning given by the Australian Defence Force Superannuation Act 2015.

chosen fund for a person:

(a) if the person has chosen a fund under section 32F of the Superannuation Guarantee (Administration) Act 1992 - has the same meaning as in that section; or

(b) otherwise - means ADF Super.

ordinary time earnings for a person is the number of dollars in the person's ordinary time earnings (within the ordinary meaning of the expression):

(a) including any payments of parental leave; but

(b) excluding any amount that is deducted from those earnings under a salary sacrifice arrangement.

payday for a person means the day on which the person's ordinary time earnings are ordinarily paid for a pay period.

pay period for a person means the period in relation to which person's ordinary time earnings are ordinarily paid.

52B Providing information to CSC in relation to invalidity

The Department may disclose information obtained by the Department to CSC if:

(a) the information relates to a person:

(i) who has been, or is to be, retired from the Defence Force; or

(ii) whose service in the Defence Force has been, or is to be, terminated;

as a result of physical or mental impairment; and

(b) the information is provided to CSC for the purposes of:

(i) Part V of the Defence Force Retirement and Death Benefits Act 1973 (invalidity benefits); or

(ii) Division 2 of Part 3 of the Schedule to the Military Superannuation and Benefits Trust Deed (invalidity benefits) made under section 4 of the Military Superannuation and Benefits Act 1991.

Note: This section constitutes an authorisation for the purposes of other laws, such as the Privacy Act 1988.