Document ID: chunk:federal_register_of_legislation:F2008B00468:body:0:p1
Version: federal_register_of_legislation:F2008B00468
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Commonwealth of Australia
Superannuation Act 1990
Determination
I, Geoffrey Noel Vanthoff, Commissioner for Superannuation and delegate of the Commonwealth Superannuation Board of Trustees
No. 1, under rule 2.1.1. of the Rules for the Administration of
the Superannuation Scheme set out in the Schedule to the Trust
Deed referred to in section 4 of the Superannuation Act 1990, DETERMINE that:

PART A
   1.   In this determination:
     "casual employee" has the same meaning as in the Trust Deed               and Rules;

      "PSS scheme" means the occupational superannuation scheme for Commonwealth employees and certain other persons established under section 4 of the 1990 Act;

     "regular employee" has the same meaning as in the Trust Deed
     and Rules;

      "Regulations" means Superannuation (Salary) Regulations made under the 1976 Act;

     "1976 Act" means Superannuation Act 1976;

     "1990 Act" means Superannuation Act 1990.

   2.   Words and expressions defined in section 3 of the 1990 Act
     have the same meaning in this determination as in the 1990
     Act.

     3.  For the purposes of the definition of "basic salary" in rule 2.1.1. of the Rules, the amount referred to in that
     definition is the amount calculated in accordance with Part B
     of this determination.

4.  For the purposes of the definition of "recognised allowance"
 in rule 2.1.1. of the Rules, the allowance or amount referred
 to in that definition is the allowance or amount calculated
 in accordance with Part C of this determination.

PART B
     5.  Subject to any other provision of this Part, basic salary for a regular employee is the sum of:

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           (a)  the amount that would be the person's salary for the purposes of the 1976 Act if the person were an eligible employee under that Act; and

           (b)  any higher duties allowance or amount in addition to an amount referred to in paragraph (a) that is payable to the person on a regular basis for the performance of temporary higher duties.

6.  For the purpose of calculating basic salary under clause 5:

 (a)  overtime and compensation payments are excluded;

            (b)  a reference to a payment in paragraph 5(b) is regarded as payable to a person on a regular basis if the requirements of regulation 6 of the Regulations are satisfied;

            (c)  an amount treated as salary under regulation 5 of the Regulations or an amount that is a shift allowance under regulation 8A of the Regulations are excluded;

            (d)  subject to paragraph (e), where an amount referred to in paragraph 4(b) is included in basic salary, only the lowest rate of that amount received by the person in the preceding 12 months is to be included;

            (e)  on the age retirement of the person, if an amount referred to in paragraph 4(b) has been received