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9.1 Legislation

Document
Last amended 
15 August 2017

9.1.1 SRCA

Sections 20, 21 and 21A provide for reduction of weekly payments where the person is in receipt of superannuation benefits (pension and/or lump sum) under a Commonwealth superannuation scheme and the person:

  • is incapacitated for work as a result of an injury; and

  • 'retires voluntarily, or is compulsorily retired, from his or her employment'.

See section 6.6.3.1 for key dates and information on treatment of superannuation under relevant Acts prior to 1 December 1988 (the commencement date of the SRCA). 

9.1.2 MRCA

Part 3 of Chapter 4 of the MRCA, which deals with compensation for incapacity for work for members, and Part 4 of Chapter 4, dealing with former members, contain provisions to reduce compensation where a person receives or has received a Commonwealth superannuation benefit under a Commonwealth superannuation scheme.

9.1.3 Commonwealth Superannuation Schemes

The SRCA and MRCA reference superannuation benefits received from either a ‘superannuation scheme’ (SRCA) or a ‘Commonwealth Superannuation scheme’ (MRCA).

A ‘Superannuation Scheme’ is defined in section 4(1) of the SRCA and a ‘Commonwealth Superannuation Scheme’ is defined in section 5 of the MRCA. Generally it is any superannuation scheme under which the Commonwealth makes contributions on behalf of a person (referred to as either an employee (SRCA) or a member (MRCA) in the relevant legislation).

The definition encompass those schemes applicable to defence members i.e. ADF Super/Cover; Military Superannuation and Benefits Scheme (MSBS); and Defence Force Retirement and Death Benefits Scheme (DFRDB) (including the Defence Force Retirement Benefits (DFRB)), as well as the Commonwealth Superannuation Scheme (CSS), the Public Sector Superannuation (PSS), and the Public Sector Superannuation accumulation plan (PSSap) - for those reservists engaged in Commonwealth employment. 

Commonwealth employment is employment in the Australian Defence Force (ADF), Australian Public Service (APS) or employment by a 'Commonwealth authority' or a 'licensed corporation' including most Commonwealth statutory authorities and Commonwealth-owned corporations.

Superannuation payments may be directed to any retirement savings account of the employee’s choice though and it is not essential that the Commonwealth administers the scheme only that contributions are being made by the Commonwealth. A private super fund, which accepts only the employee’s own personal contributions would not be included by the definition.