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Savings provisions

Definitions

 

In this savings provision Defence Determination means Defence Determination 2016/19, Conditions of service, as in force immediately before 1 July 2023.

 

Application

 

This savings provision applies to a member who meets one of the following.

 

  1. They have been offered a bonus under one of the following before 1 July 2023 and have not completed their agreed period of service for that bonus.

     

    1. Chapter 3 Part 5 Division 2 of the Defence Determination.

       

    2. Chapter 3 Part 5 Division 9 of the Defence Determination.

       

  2. They accepted an offer of a bonus under Chapter 3 Part 5 Division 2A of the Defence Determination before 1 July 2023 and have not completed their period of duty for that bonus.

     

Savings

 

  1. In relation to a member who has accepted a bonus under Chapter 3 Part 5 Division 2 of the Defence Determination, Chapter 3 Part 5 Division 2 of the Defence Determination remains in force until the earlier of the following days.

     

    1. The day the member completes their agreed period of service for the bonus.

       

    2. The day the member leaves the scheme under section 3.5.14 of the Defence Determination.

       

  2. In relation to a member who has accepted a bonus under Chapter 3 Part 5 Division 2A of the Defence Determination, Chapter 3 Part 5 Division 2A of the Defence Determination remains in force until the earlier of the following days.

     

    1. The day the member completes their period of duty for the bonus.

       

    2. The day the member ceases to be eligible for the bonus under section 3.5.14F of the Defence Determination.

       

  3. In relation to a member who has accepted a bonus under Chapter 3 Part 5 Division 9 of the Defence Determination, Chapter 3 Part 5 Division 9 of the Defence Determination remains in force until the day the member completes their agreed period of service for the bonus.

Guidance

Completion bonuses – INDMAN Instructions as in force on 30 June 2001

This Annex is policy guidance, except for the text of Defence Determination 1998/7.

This Annex comprises of 5 parts setting out the text of the following items from the Manual of salaries and conditions of service for the Permanent Forces (INDMAN) as in force on 30 June 2001.

Part 1 Medical and dental officers' completion bonus (PDF 63KB) (former INDMAN Instruction 0716)

Part 2 RAN Observer completion bonus scheme (PDF 62KB) (including the text of Defence Determination 1998/7 and the former INDMAN Instruction 0717)

Part 3 RAN submariner completion bonus scheme (PDF 57KB) (former INDMAN Instruction 0720)

Part 4 ADF completion bonuses as eligible termination payments (ETP) – clarification of administrative advice (PDF 30KB)

Part 5 ADF Completion Bonuses – Clarification of Administrative Advice

Salary sacrifice of bonus payments to an approved superannuation fund

The following is a repeat of ADHQ PE98-34396 (DGPPEC 174/2000) dated 22 May 2000. The references (which have been preserved in their original form) are to the former INDMAN instructions and their Annexes. These Instructions have been reproduced unchanged as Attachments A to E of this Part (except for the RAN Technical Sailors Completion Bonus scheme, which has now expired).

To Recipients of:

Medical and Dental Officers Completion Bonus
RAN Observer Completion Bonus
RAAF Flight Engineer Completion Bonus
RAN Technical Sailors Completion Bonus
RAN Submariner Completion Bonus
RAAF Engineer Completion Bonus

A recent re-examination of policy advice, contained in INDMAN instructions, a copy of which was given to each member when offers of the relevant bonus were made, has highlighted a procedure/view that is not supported by information received from the Deputy Commissioner of Taxation.

Annex 3.5.CA (in the case of the Medical and Dental Officers Completion Bonus – Part 1) to each relevant instruction, the Bonus Payment Election form, indicates that the form ... must be completed in conjunction with the Acknowledgment by Member form'. This was essential where any member intended to sacrifice the whole or any portion of the bonus payment. If this form was not completed at the time of accepting the offer, indicating the member intended to sacrifice the whole or partial payment, then the member is not able to sacrifice to an Approved Superannuation Fund and can only be paid in cash.

Unfortunately, contained in the text of each Instruction, at either paragraphs 31, 32, 34 or 47, depending on the relevant bonus scheme, was an inference that the Payment Election form could be amended just prior to final payment at the maturity of the bonus scheme. The only amendment allowed, based on the view of the Deputy Commissioner for Taxation, would be a reduction in the amount of the contribution to an Approved Superannuation Fund. A member is not able to elect for the first time to make the whole or partial payment to an Approved Superannuation Fund, or where previously elected, the amount under the election cannot be increased.

For members who sought external professional financial advice, as recommended in Annex B, the above clarification should have no impact.

(Signed)
M. PEARCE

Director General
Personnel Policy and Employment Conditions

Pay and conditions manual


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