Opinion Number. 1314

Subject

SUPERANNUATION
OFFICERS ON LOAN TO ANOTHER DEPARTMENT: CONTRIBUTIONS TO BE AT RATE OF SALARY PAID BY THAT DEPARTMENT

Key Legislation

SUPERANNUATION ACT 1922, s. 15

Date
Client
The President, Superannuation Fund Management Board

The President, Superannuation Fund Management Board, has forwarded me the following communication from the Secretary, Department of Home and Territories, with a request for advice whether Messrs A., B. and C. are entitled to contribute at the rate of salary now being received by them:

The following is a copy of a memorandum received from the Director, Australian War Museum, regarding contributions to the Superannuation Fund by officers of the War Museum staff on loan to this Department from the Defence Department:

In forwarding the accompanying forms of election under the Superannuation Act 1922 for Messrs A., B., C. and D., it is deemed advisable to point out that these officers have agreed to apply for the units to which they are entitled by their salary as employees of the Department of Defence, on the understanding that this will not prejudice - their claim to a larger number of units if the

Superannuation Board decides they are entitled to contribute for the units appropriate to their War Museum salaries.

The following statement shows the salaries which these officers receive as officers of the Home and Territories Department and the salaries they would receive from the Defence Department if they returned to their former positions:

  Salary received from H. & T. Department    £ Salary which would be received from Defence Department    £
A. 750 210
B. 350 198
C. 275 210
D. 210 210

I shall be glad if you will advise me of your decision in the matter.

In my opinion the salaries of the officers in question for the purposes of estimating contributions under the Superannuation Act are those which they are now receiving from the Home and Territories Department.

In the event of the officers returning to their previous positions and salaries in the Defence Department, their cases can be dealt with under section 15 of the Act.

[Vol. 19, p. 309]