First State Superannuation Regulation 2002 (NSW)

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the First State Superannuation Act 1992.

Special Minister of State

1Name of Regulation

This Regulation is the First State Superannuation Regulation 2002.

2Definition

In this Regulation:

the Act means the First State Superannuation Act 1992.

3Allowances and payments included as wages(1)

For the purposes of section 3A (1) (a) (iii) of the Act, the following payments are prescribed:

• (a)

  payments for maternity leave,

• (b)

  payments for parental leave,

• (c)

  payments for adoption leave,

• (d)

  weekly workers compensation payments.

(2)

The weekly workers compensation payments to be treated as salary for the purposes of section 3A (1) (a) (iii) of the Act do not include any amount by which the aggregate of:

• (a)

  the weekly workers compensation paid to an injured member, and

• (b)

  the salary actually paid to that member while partially incapacitated,

exceeds the salary that the member would probably have been earning but for the injury (assuming the member had continued to be employed in the same or some comparable employment).

(3)

For the purposes of section 3A (1) (a) (iv) of the Act, all non-cash employment benefits provided by an employer to an employee that attract compulsory employer superannuation contributions under an industrial award applicable to the employee are prescribed employment benefits.

4Repeal

The First State Superannuation (Savings) Regulation 1998 is repealed.