Defence Determination 2007/58

I, STEVEN RICHARD GRZESKOWIAK, Director General Personnel Policy and Employment Conditions, Personnel Executive, make this Determination under section 58B of the Defence Act 1903.
Dated 4 September 2007
S R GRZESKOWIAK
Director General
Personnel Policy and Employment Conditions
Personnel Executive
1
/
Citation
This Determination is Defence Determination 2007/58, Bonuses application and payment forms and housing – amendment.
2
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Commencement
This Determination commences on the day it is signed.
3
/
Amendment
Defence Determination 2005/15, Conditions of Service, as amended,1 is amended as set out in this Determination.
4
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Annex 3.5.O (Navy – Aviation Technical completion bonus), Part A, paragraph10 only
substitute
10. / If I am serving an MSBS undertaking for further service I cannot join the scheme. If I start to serve an MSBS undertaking for further service after I have joined the scheme I will be paid a pro rata completion bonus payment, and then leave the scheme. I will also have to repay part of my obligation payment.
5
/
Annex 3.5.W (Army – 1st Recruit Battalion recruit instructors scheme), Part D only
the Part set out in Attachment A
6
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Annex 3.5.Y (Army – Payment details form for trade transfer bonus)
the Annex set out in Attachment B
7
/
Subclause 7.5.45.2 (Contribution for a home chosen at a lower rank group's rent band or amenity group)
insert at the end
Exception: The member chose a Service residence before 1 July 2007 with one or more bedrooms above the number that would be suitable under clause 7.5.4. The member must pay the contribution for their rank group.
See: Division 2 clause 7.5.4, Suitable Service residence
8
/
Subclause 7.5.47.2 (Member allocated a Service residence below their rank group)
insert at the end
Exception: The member was allocated a Service residence before 1 July 2007 with one or more bedrooms above the number that would be suitable under clause 7.5.4. The member must pay the contribution for their rank group.
See: Division 2 clause 7.5.4, Suitable Service residence
9
/

Clause 7.5.54 (Service residence reclassified)

omit
Division 3, 4 or 5
insert
Division 3, 4, 5 or 6
NOTE
1. / Defence Determination 2005/15 commenced on 31 May 2005. For previous amendments see Note to Defence Determination 2007/1 and see also Defence Determinations 2007/2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, and 57.

ATTACHMENT A

Part D: Superannuation fund nomination

This section must be completed if either option two or three has been selected for one of the items in PartC. It is the member’s responsibility to supply superannuation fund details.

PMKeyS Number: / Service Number:

I nominate this Eligible Choice Fund for my attraction payment.

Fund name......

Fund trading name if different from above…………………………………………….

Fund ABN......

Fund address......

Fund postal address if different from above…………………………………………..

Member's account number......

This fund has been verified via the ATO Register of Complying Super Funds (ROCS)YES/NO

I nominate this Eligible Choice Fund for my completion payment for member posting out.

Fund name......

Fund trading name if different from above…………………………………………….

Fund ABN......

Fund address......

Fund postal address if different from above…………………………………………..

Member's account number......

This fund has been verified via the ATO Register of Complying Super Funds (ROCS)YES/NO

I nominate this Eligible Choice Fund for my completion payment.

Fund name......

Fund trading name if different from above…………………………………………….

Fund ABN......

Fund address......

Fund postal address if different from above…………………………………………..

Member's account number......

This fund has been verified via the ATO Register of Complying Super Funds (ROCS)YES/NO

PMKeyS Number: / Service Number:
Dated this / day of / 20
Signed
Name (printed)
Work address
Occupation
Date

ATTACHMENT B

Annex 3.5.Y: Army – Payment details form for trade transfer bonus

Part A: Payment details

…………………………… / …………………………… / …………………………… / ……………………………
(Rank) / (Last name) / (Given name) / (Employee ID)

There are three options for payment.

Option one: / Paid into the member's normal pay account. The amounts will be taxed at the applicable tax rate at the time of payment.
Option two: / As an employer contribution to superannuation. This election is made once, but you will later be able to vary this election.
Option three: / As a combination of these.

All members are strongly advised to seek professional financial advice when making this decision. ADF members are not qualified to provide this advice.

Attraction bonus payment

I choose this payment method for my attraction bonus:

Option one:[ ] / Paid into my normal pay account. The amounts will be taxed at the applicable tax rate at the time of payment.
Option two:[ ] / The full amount paid as an employer contribution to superannuation. I have nominated a superannuation fund in Part B of this form.
Option three:[ ] / 1. ______% of the bonus payment as an employer contribution to superannuation. I have nominated a superannuation fund in Part B of this form.
2. The balance of the amount paid into my normal pay account. These will be taxed at the applicable tax rate.

Tick one box. Only select one of the options.

One year bonus payment

I choose this payment method for my payment of my one year bonus:

Option one:[ ] / Paid into my normal pay account. The amounts will be taxed at the applicable tax rate at the time of payment.
Option two:[ ] / The full amount paid as an employer contribution to superannuation. I have nominated a superannuation fund in Part B of this form.
Option three:[ ] / 1. ______% of the bonus payment as an employer contribution to superannuation. I have nominated a superannuation fund in Part B of this form.
2. The balance of the amount paid into my normal pay account. These will be taxed at the applicable tax rate.

Tick one box. Only select one of the options.

I,

…………………………… / …………………………… / …………………………… / ……………………………
(Rank) / (Last name) / (Given name) / (Employee ID)

verify that the member has met theconditions for payment of this bonus.

Approved

Part B: Superannuation fund nomination

This section must be completed if either option two or three has been selected for one of the items in PartA. It is the member’s responsibility to supply superannuation fund details.

PMKeyS Number: / Service Number:

I nominate this Eligible Choice Fund for my attraction bonus payment.

Fund name......

Fund trading name if different from above…………………………………………….

Fund ABN......

Fund address......

Fund postal address if different from above…………………………………………..

Member's account number......

This fund has been verified via the ATO Register of Complying Super Funds (ROCS) YES/NO

I nominate this Eligible Choice Fund for my one year bonus payment.

Fund name......

Fund trading name if different from above…………………………………………….

Fund ABN......

Fund address......

Fund postal address if different from above…………………………………………..

Member's account number......

This fund has been verified via the ATO Register of Complying Super Funds (ROCS) YES/NO

Dated this / day of / 20
Signed
Name (printed)
Work address
Occupation
Date

EXPLANATORY STATEMENT

Defence Determination 2007/58

This Determination amends Defence Determination 2005/15, Conditions of Service (the Principal Determination), made under section 58B of the Defence Act 1903 (the Act). Chapter 3 of the Principal Determination set out provisions dealing with salaries and bonuses for members of the Australian Defence Force (ADF).Chapter 7 of the Principal Determination set out provisions dealing with housing and meals for ADF members.

The purposes of this Determination are:

  • To amend the forms in three bonus schemes.
  • To amend a range of housing-related conditions associated with the new housing classification policy for Service residences.

Clause 1 of this Determination sets out the manner in which this Determination may be cited.

Clause 2 of this Determination provides that the Determination commences on the date of signature.

Clause 3 specifies that the amendment is made to the Principal Determination, as amended.

Clause 4 amends Annex 3.5.O of the Principal Determination. Annex 3.5.O provides application and payment forms for the Navy – Aviation Technician completion bonus scheme. This amends a paragraph in Part A, which sets out information about the bonus scheme. The form is amended to be consistent with the rules in the Chapter 3, Part 5, Division 14 of the Principal Determination.

Clause 5 amends Annex 3.5.W of the Principal Determination. Annex 3.5.W provides application and payment forms for the Army – 1st Recruit Training Battalion recruit instructors scheme. This amendment substitutes the forms dealing with payment details and superannuation fund nominations. The payment details form is amended to provide an approval for payment of the bonus. The superannuation form has been amended to request additional information, including the member's service and employee identification numbers and further information about the member's superannuation fund.

Clause 6 amends Annex 3.5.Y of the Principal Determination. Annex 3.5.Y provides payment forms for the Army – trade transfer bonus. This amendment substitutes the form dealing with superannuation fund nominations. This form has been amended to request additional information, including the member's service and employee identification numbers and further information about the member's superannuation fund.

Clause 7 inserts an exception into subclause 7.5.45.2 of the Principal Determination. The exception preserves the rate of contribution a member must pay if they chose a Service residence before 1 July 2007 with one or more bedrooms above their entitlement.

Clause 8 inserts an exception into subclause 7.5.47.2 of the Principal Determination. The exception preserves the rate of contribution a member must pay if they were allocated a Service residence before 1 July 2007 with one or more bedrooms above their entitlement.

Clause 9 amends clause 7.5.54 of the Principal Determination, which deals with contributions when a Service residence is reclassified under the new housing classification policy for Service residences. This amendment inserts a reference to the category of Service residences known as 'Rent band choice homes'.

Criteria are provided for the exercise of discretions under the Principal Determination, as amended by this Determination. Adverse decisions are subject to merits review under the ADF redress of grievance system, including an appeal to the Defence Force Ombudsman.

Authority: Section 58B of the
Defence Act 1903