Police Superannuation Act 1990 (SA)
South Australia
Police Superannuation Act 1990
An Act to provide superannuation benefits for police officers; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
4 Interpretation
4A Putative spouses
4B Restriction on publication of proceedings
Part 2—Administration
Division 1—The Board
5 The Board
6 Function of the Board
7 The Board's membership
8 Procedure at meetings of the Board
9 Staff of the Board
9A Delegation by the Board
Division 2—The Fund
10 The Fund
11 Investment of the Fund
Division 3—Accounts and payments
Subdivision 1—Contributors' accounts
13 Contributors' accounts
Subdivision 2—Investment option, rollover payments and co‑contributions
13A Investment option
13B Rollover payments
13C Co‑contribution accounts
Division 4—Payment of benefits
14 Payment of benefits
Division 5—Reports
15 Reports
Part 3—Contributors, contribution rates and contribution points
16 Contributors
17 Contribution rates
18 Contribution points
19 Attribution of contribution points and months
Part 5—Superannuation benefits
Division 1—Pension benefits
27 Application of Part to police cadets
28 Retirement
29 Retrenchment
30 Temporary disability pension
31 Invalidity
32 Benefits payable on contributor's death
33 Benefits payable to contributor's estate
34 Resignation and preservation of benefits
Division 2—General
35 Commutation of proportion of pension
35A Commutation to pay deferred superannuation contributions surcharge
35B Commutation to pay Division 293 tax
36 Medical examination etc of invalid pensioner
37 Effect on pension of pensioner's re-employment
38 Notional extension of period of employment
38A Closure of contribution accounts
Part 5B—Family Law Act provisions
38F Purpose of this Part
38G Interpretation
38H Value of superannuation interest
38I Board to comply with Commonwealth requirements
38J Reduction in contributor's entitlement
38K Benefit not payable to spouse on death of contributor if split has occurred
38P Accrued benefit multiple
38Q Non-member spouse's entitlement
38R Non-member spouse's entitlement where pension is in growth phase
38S Non-member spouse's entitlement where pension is in payment phase
38T Payment of non-member spouse's entitlement
38U Fees
Part 6—Miscellaneous
39 Review of Board's decisions
40 Effect of workers compensation etc on pension
41 Division of benefit where deceased contributor is survived by lawful and putative spouses
42 Adjustment of pensions
42A Subsequent roll over of benefits to another fund or scheme
43 Repayment of balance in contribution account
44 Special provision for payment in case of infancy or death
45 Pension not to be assignable
45A Rounding off of contributions and benefits
45B Unclaimed superannuation benefits
46 Liabilities may be set off against benefits
46A Termination of the Police Occupational Superannuation Scheme
48 Power to obtain information
49 Confidentiality
50 Resolution of difficulties
51 Summary offences
52 Regulations
Schedule 1—Transitional provisions
A1 Interpretation
1 Starting balance of contribution account of old scheme contributors
2 Pensions that commenced under previous enactments
2A Eligible child's pension
3 Contribution points carried over by old scheme contributors
4 Preservation of benefits
5 Rights of contributors denied benefits under repealed Act
6 Election to retire under repealed Act
7 Assets and liabilities of Police Pensions Fund
8 Contributions in first year
9 Special provision relating to police aides
11Operation of amendments made by Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003
Schedule 3—
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Police Superannuation Act 1990.
4—Interpretation
In this Act, unless the contrary intention appears—
actual or attributed salary—see subsections (3), (4) and (5);
actuary means a Fellow or Accredited Member of the Institute of Actuaries of Australia;
adjusted salary in relation to a contributor as at a particular time means—
(a)where the contributor has been employed on a full-time basis throughout his or her contribution period—the contributor's actual or attributed salary as at that time;
(b)where the contributor has been employed on a part-time basis over the whole or any part of his or her contribution period—the contributor's actual or attributed salary as at that time reduced to reflect the extent of the contributor's employment over the contribution period expressed as a proportion of full-time employment;
the Board means the Police Superannuation Board;
co-contribution means a payment made in respect of a person by the Commissioner of Taxation pursuant to the requirements of the Superannuation (Government Co‑contribution for Low Income Earners) Act 2003 of the Commonwealth;
co-contribution account means an account established and maintained by the Board as a co‑contribution account in accordance with the requirements of this Act;
the Commissioner means the Commissioner of Police;
the Commonwealth Act means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth;
the Consumer Price Index means the Consumer Price Index (All groups index for Adelaide);
contribution month means a month of a contribution period and includes a contribution month credited or attributed to a contributor under this Act;
contribution period in relation to a contributor means a period or periods during which the contributor has contributed to the Scheme and includes—
(a)a period falling wholly or partly before the commencement of this Act; and
(b)contribution months credited or attributed to the contributor under this Act;
contributor means a person who has made contributions pursuant to this Act or a corresponding previous enactment and includes a police officer or former police officer who has ceased making contributions unless his or her rights in relation to superannuation under this Act have been exhausted and no derivative rights exist in relation to that person under this Act, but does not include a police officer who is a police member or former police member of the Triple S scheme;
deferred superannuation contributions surcharge in relation to a contributor means the amount that the contributor is liable to pay the Commissioner of Taxation under section 15(6) of the Superannuation Contributions Tax Act;
dependency in relation to a child means any period for which the child is an eligible child;
the Deputy Commissioner means the Deputy Commissioner of Police;
eligible child in relation to a deceased contributor means a child—
(a)who is—
(i)a child of the contributor; or
(ii)a child in relation to whom the contributor had assumed parental responsibilities and who was cared for and maintained, wholly or in part, by the contributor up to the date of the contributor's death; and
(b)who is—
(i)under the age of 16 years; or
(ii)between the ages of 16 and 25 years and in full-time attendance at an educational institution recognised by the Board for the purposes of this definition;
entitlement day means—
(a)in relation to a contributor who becomes entitled to a pecuniary benefit under this Act—the day on which that entitlement arises;
(b)in relation to a contributor whose employment is terminated by his or her death—the date of the contributor's death;
the Fund means the Police Superannuation Fund;
invalid pension means a pension payable on account of invalidity;
invalidity means physical or mental incapacity to carry out the duties of employment;
month—see subsection (2);
notional salary in relation to a contributor whose employment has ceased temporarily or permanently (including a contributor who has died) means the salary (including an allowance for shift work determined by the Board) that the contributor would be receiving if he or she had continued in employment in the same position and at the same grade as were applicable immediately before the cessation of employment and, if the contributor was not in full-time employment immediately before cessation of employment, notional salary will be calculated on the basis of the contributor's average hours of employment (excluding overtime) over the last three years of his or her contribution period;
pensioner means a person who is entitled to a pension under this Act (including a person who qualifies for a pension but whose pension is under suspension);
pension period means the period over which a pension is paid;
police cadet or cadet means a person appointed under the Police Act 1952 to be a police cadet;
putative spouse—see section 4A;
registered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act;
the repealed Act means the Police Pensions Act 1971;
to retrench in relation to a contributor means to terminate the contributor's employment on the ground that work of the kind for which the contributor is qualified and suited is no longer available for the contributor;
retrenchment pension means the pension payable to a contributor on account of retrenchment;
salary, in relation to a contributor who is employed pursuant to a contract under section 13 or section 16 of the Police Act 1998, means that proportion of the total remuneration package specified in the contract that has been prescribed by regulation for the purposes of this definition;
salary, in relation to a contributor who is not employed pursuant to a contract under section 13 or section 16 of the Police Act 1998, includes all forms of remuneration except—
(a)remuneration related to overtime (other than such remuneration that is paid by way of an annual allowance);
(b)a loading for shift work;
(c)a leave loading;
(d)a loading arising from the conditions under which work is performed;
(e)allowances (unless declared by regulation to be a component of salary) for accommodation, travelling, subsistence or other expenses;
(f)remuneration of a kind excluded by regulation from the ambit of this definition (and such a regulation may exclude remuneration of a particular kind for the purpose of calculating contributions but provide for its inclusion as a component of salary for the purpose of calculating benefits);
the Scheme means the scheme of superannuation established by this Act and (where the context admits) includes the scheme of superannuation established by a corresponding previous enactment;
SIS Act means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;
special deposit account means a special deposit account established under section 8 of the Public Finance and Audit Act 1987;
spouse includes a putative spouse;
Superannuation Contributions Tax Act means the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth;
the Superannuation Funds Management Corporation of South Australia or the Corporation means the Superannuation Funds Management Corporation of South Australia continued in existence by the Superannuation Funds Management Corporation of South Australia Act 1995;
surcharge notice means a notice issued by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax Act;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;
Triple S scheme means the Southern State Superannuation Scheme established by the Southern State Superannuation Act 1994 and continued in existence by the Southern State Superannuation Act 2009.
Where a period is to be expressed in months for the purpose of this Act, then, except where express provision is made to the contrary, only completed months will be taken into account and any remainder will be ignored.
Subject to this Act, contributions and benefits will be calculated in relation to a contributor as at a particular date on the basis of the highest level of salary received by the contributor in the highest grade achieved by the contributor in a permanent position in South Australia Police and—
(a)for the purpose of calculating benefits—
(i)the contributor's actual salary will be used if, at that date, it is at that level (or would be at that level except for a reduction for disciplinary reasons) and the contributor is in full time employment in that grade; or
(ii)if, at that date, the contributor's salary is at a lower level (except for a reduction for disciplinary reasons) or the contributor is employed in a lower grade or on a part time basis, the salary that the contributor would have been receiving at that date if he or she had been employed on a full time basis in the highest grade achieved by the contributor and had been receiving salary at that level will be attributed to the contributor;
(b)for the purpose of calculating contributions—
(i)the contributor's actual salary will be used if, at that date, it is at that level (or would be at that level except for a reduction for disciplinary reasons) and the contributor is employed in that grade (whether on a full time or a part time basis); or
(ii)if, at that date, the contributor's salary is at a lower level (except for a reduction for disciplinary reasons) or the contributor is employed in a lower grade, the salary that the contributor would have been receiving (for his or her hours of employment on that date) if he or she had been employed in the highest grade achieved by the contributor and had been receiving salary at that level will be attributed to the contributor.
(3aa)In the application of subsection (3)(a)(ii) and (3)(b)(ii) an automatic increment in the relevant salary that occurs after the contributor moves to a lower level of salary will be ignored.
(3a)In subsections (3) and (3aa)—
automatic increment in relation to salary means an increase in the salary that occurs automatically at the end of a specified period.
permanent position in South Australia Police includes a position to which the contributor is appointed for a fixed term that is specified in the contract or instrument of appointment as being of one year or more.
Salary will not be attributed under subsection (3) in respect of a reduction in salary for disciplinary reasons.
Where a contributor's salary is reduced for disciplinary reasons and is not reinstated before termination of the contributor's employment a salary will be attributed to the contributor in accordance with the following formula for the purpose of calculating benefits:
Where
FS is the salary to be attributed to the contributor
S1 is the salary that would have been the contributor's actual or attributed salary for the purpose of calculating benefits if the contributor's salary had not been reduced for disciplinary reasons
S2 is the salary that would, but for this subsection, have been the contributor's actual or attributed salary for the purpose of calculating benefits
CM is the number of contribution months comprising the contributor's contribution period
X is the number of contribution months comprising that part, or those parts, of the contributor's contribution period during which the contributor's salary was reduced for disciplinary reasons.
For the purposes of determining contributions and benefits the actual or attributed salary of a contributor who holds the rank of senior sergeant or a lower rank in South Australia Police will be increased by 11% if at any time during the contribution period the contributor was rostered to work on day, afternoon and night shifts, or on any two of those shifts, on a rotating basis.
(6a)Subsection (6) does not apply in relation to a contributor who is employed on a permanent basis on special duties at a salary level greater than that payable to a senior sergeant.
(6b)The following provisions apply to the application of subsection (3) in relation to a contributor who has been seconded to another police force or police forces in Australia or in any other country:
(a)if the contract under which the contributor is serving in the other police force is for a period of five years or more, the seconded position will be taken to be a permanent position in South Australia Police for the purpose of calculating contributions;
(b)if the contributor has served under two or more contracts in the same or in two or more interstate or overseas police forces and the aggregate of the periods of those contracts is five years or more, the seconded positions will be taken to be permanent positions in South Australia Police for the purpose of calculating contributions (but contributions will only be calculated on that basis from the commencement of the contract that results in an aggregate period of five years or more);
(c)if the contract under which the contributor served in the other police force was for a period of five years or more or if the contributor served under two or more contracts in the same or in two or more interstate or overseas police forces and the aggregate of the periods of those contracts was five years or more, the seconded position or positions will be taken to be a permanent position or positions in South Australia Police for the purpose of calculating benefits;
(d)if paragraph (c) applies the following provisions apply to and in relation to the calculation of benefits under subsection (3):
(i)separate salaries will be determined under subsection (3) in respect of the contributor's period of employment in South Australia Police and his or her period of employment in the other police force or police forces;
(ii)the salary for the purpose of calculating benefits will be the average of those salaries determined in accordance with the following formula:
Where
A is the average salary
X is the salary determined under subsection (3) in respect of the contributor's period of employment in South Australia Police
P1 is the period of the contributor's employment in South Australia Police
Y is the salary determined under subsection (3) in respect of the contributor's period of employment in the other police force or police forces
P2 is the period of the contributor's employment in the other police force or police forces
T is the aggregate of the periods of the contributor's employment in South Australia Police and the other police force or forces;
(da)however, if—
(i)paragraph (d) applies to and in relation to the calculation of benefits under subsection (3); but
(ii)the contributor is not, on the date on which his or her benefits are to be calculated, employed in another police force,
Y in the formula in paragraph (d)(ii) is the salary payable to the contributor on the last day of his or her employment in another police force, indexed by reference to movements in the Consumer Price Index between the date on which the contributor ceased that employment and the date on which the benefits are payable to the contributor;
(e)if paragraphs (a) and (c) or (b) and (c) are not applicable because the period or periods of secondment are less than five years, the contributor will be taken, for the purpose of calculating contributions and benefits, to be employed during the period of secondment in the position in which he or she was employed in South Australia Police immediately before the commencement of the relevant period of secondment;
(f)a reference in this subsection to another police force in Australia or in any other country includes—
(i)all law enforcement agencies; and
(ii)a body established by the Australian Police Ministers Council; and
(iii)a body established by the Council of Police Commissioners of Australia; and
(iv)a body prescribed for the purposes of this paragraph by regulation.
Subject to subsection (7a) where a contributor's employment terminates or is terminated for any reason except the contributor's death and the contributor has reached the age of 55 years, the contributor will be taken for the purposes of this Act to have retired from employment.
(7a)A contributor whose employment terminates on the ground of invalidity in circumstances that entitle the contributor to a benefit under section 31 will only be taken to have retired from employment if he or she had reached the age of 60 years before the employment terminated.
(8a)Where a contributor who has not reached the age of 55 years terminates his or her employment (except on the ground of invalidity in circumstances that entitle the contributor to a benefit under section 31)—
(a)the contributor will be taken to have retired if he or she—
(i)had reached the age of 50 years but not the age of 55 years; and
(ii)was entitled to retire under section 28(3) and (4); and
(iii)had, within three months after termination of the employment, informed the Board in writing that he or she had retired from employment;
(b)in every other case the contributor will be taken to have resigned.
A position in South Australia Police or the Public Service of the State will be taken to be available to a contributor if the position has been offered to the contributor or the contributor has refused to make a genuine application for appointment to the position after being requested to do so by the Commissioner or the Board.
4A—Putative spouses
For the purposes of this Act, a person is, on a certain date, the putative spouse of another person if—
(a)the person is, on that date, cohabiting with the other person as that person's de facto spouse and—
(i)the person—
(A)has been so cohabiting with the other person continuously for the preceding period of 3 years; or
(B)has during the preceding period of 4 years so cohabited with the other person for periods aggregating not less than 3 years; or
(ii)a child, of whom both persons are the parents, has been born (whether or not the child is still living); or
(c)the person is, on that date, in a registered relationship with the other person.
Subject to subsection (2a), a person whose rights depend on whether—
(a)the person and another person; or
(b)2 other persons,
were, on a certain date, putative spouses 1 of the other may apply to the Tribunal for a determination under this section.
(2a)A person whose rights depend on whether—
(a)the person and another person; or
(b)2 other persons,
were, on a certain date, in a registered relationship may provide evidence that they or those persons, were, on that date, in the registered relationship by producing a certificate issued by the Registrar of Births, Deaths and Marriages under section 21 of the Relationships Register Act 2016.
If it is proved to the satisfaction of the Tribunal that the persons in relation to whom the determination under this section is sought did, on the date in question, fulfil the requirements of subsection (1), the Tribunal must make a determination accordingly.
A determination may be made under this section—
(a)whether or not one or both of the persons in relation to whom the determination is sought are, or have ever been, domiciled in this State; or
(b)despite the fact that one or both of them are dead.
It must not be inferred from the fact that the Tribunal has determined that two persons were putative spouses one of the other, on a certain date, that they were putative spouses as at any prior or subsequent date.
4B—Restriction on publication of proceedings
Protected information is information relating to an application under section 4A (including images) that identifies, or may lead to the identification of—
(a)an applicant; or
(b)a person who is related to, or associated with, an applicant or is, or is alleged to be, in any other way connected in the matter to which the application relates; or
(c)a witness in the hearing of the application.
A person who publishes protected information is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
A person who discloses protected information knowing that, in consequence of the disclosure, the information will, or is likely to, be published is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
This section does not apply to—
(a)the publication or disclosure of material—
(i)by a court or the Tribunal or an employee of the Courts Administration Authority, provided that such publication or disclosure is made in connection with the administrative functions of the court or Tribunal; or
(ii)for purposes associated with the administration of this Act; or
(b)the publication in printed or electronic form of material that—
(i)consists solely or primarily of the reported judgements or decisions of a court or the Tribunal; or
(ii)is of a technical nature designed primarily for use by legal practitioners.
In this section—
newspaper means a newspaper, journal, magazine or other publication that is published at periodic intervals;
publish means publish by newspaper, radio or television, or on the internet, or by some other similar means of communication to the public.
Part 2—Administration
Division 1—The Board
5—The Board
The Police Superannuation Board is established.
The Board is a body corporate.
The Board has full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate.
Where a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Board.
6—Function of the Board
The Board is responsible to the Minister for all aspects of the administration of this Act except the management and investment of the Fund.
7—The Board's membership
The Board consists of the following members:
(a)a presiding member (who must not be a police officer) appointed by the Governor; and
(b)two members (who must be police officers) appointed by the Governor on the nomination of the Police Association of South Australia; and
(c)two members appointed by the Governor on the Minister's nomination.
The Governor may appoint a deputy to a member of the Board and the deputy may, in the absence or during a temporary vacancy in the office of that member, act as a member of the Board.
Subject to subsection (5), a member of the Board will be appointed for a term of three years.
A member appointed to fill a casual vacancy will be appointed for the balance of the term of his or her predecessor.
The office of a member of the Board becomes vacant if the member—
(a)dies; or
(b)completes a term of office and is not reappointed; or
(c)resigns by written notice to the Minister; or
(d)is removed from office by the Governor on the ground of—
(i)mental or physical incapacity to carry out official duties satisfactorily; or
(ii)neglect of duty; or
(iii)misconduct.
8—Procedure at meetings of the Board
A meeting will be chaired by the presiding member or, in his or her absence, by a member chosen by those present.
Subject to subsection (3), the Board may act despite vacancies in its membership.
Three members constitute a quorum for a meeting of the Board.
A decision in which a majority of the members present at a meeting concur is a decision of the Board.
Subject to this Act, the Board may determine its own procedures.
The Board must keep minutes of its proceedings.
9—Staff of the Board
The Board may, with the Minister's approval, appoint staff to assist it in carrying out its responsibilities under this Act.
A person appointed under subsection (1) is not a Public Service employee.
The Board may, with the approval of a Minister responsible for a particular administrative unit of the Public Service, make use of the staff or facilities of that administrative unit.
9A—Delegation by the Board
The Board may delegate any of the Board's powers or functions under this Act (except this power of delegation) to any person or body.
A delegation under this section—
(a)must be by instrument in writing; and
(b)may be conditional or unconditional; and
(c)does not derogate from the power of the Board to act in any matter; and
(d)is revocable at will by the Board.
Division 2—The Fund
10—The Fund
The Police Superannuation Fund is established.
The assets of the Fund belong (both at law and in equity) to the Crown.
The Fund is subject to the management and control of the Superannuation Funds Management Corporation of South Australia.
The Treasurer must pay into the Fund from the Consolidated Account (which is appropriated to the necessary extent) or from a special deposit account established by the Treasurer for the purpose—
(a)periodic contributions reflecting the contributions paid to the Treasurer by contributors with respect to the relevant period; and
(b)the amount of any co‑contributions paid to the Board on behalf of a contributor (but received by the Treasurer on behalf of the Board) with respect to any relevant period.
All interest and accretions arising from investment of the Fund must be paid into the Fund.
The Fund will be treated as made up of 2 major divisions—
(a)1 proportioned to—
(i)the aggregate balance, as at a date determined by the Board, of contribution accounts maintained in the names of contributors;
(ii)the amount, as at the date referred to in subparagraph (i), that represents income of the Fund referable to contributors that is not reflected in contribution accounts;
(iii)the amount, as at the date referred to in subparagraph (i), that is referable to contributions of contributors whose contribution accounts have been closed;
(iv)subsequent contributions and payments referable to contributors;
(v)subsequent income of the Fund attributable to investment of this division of the Fund;
(b)1 proportioned to the aggregate balance of co‑contribution accounts to the extent that they hold the amount of any co‑contributions that have been paid to the Board.
The following amounts will be paid from the Fund:
(a)administrative costs and other expenses related to the management and investment of the Fund;
(b)the prescribed percentage of the other costs of administering this Act;
(c)any reimbursement of the Consolidated Account or a special deposit account that the Treasurer charges against the Fund in pursuance of this Act.
The Superannuation Funds Management Corporation of South Australia must determine the value of each division of the Fund as at the end of each financial year.
11—Investment of the Fund
The Fund will be invested in a manner determined by the Superannuation Funds Management Corporation of South Australia.
The Corporation may enter into transactions affecting the Fund—
(a)for the purpose of investment; or
(b)for purposes incidental, ancillary or otherwise related to investment.
Division 3—Accounts and payments
Subdivision 1—Contributors' accounts
13—Contributors' accounts
The Board must maintain accounts in the names of all contributors.
A contributor's account must be debited with any payment that is, in pursuance of this Act, to be charged against that account.
At the end of each financial year, each contributor's account that has a credit balance will be adjusted to reflect a rate of return determined by the Board in relation to contribution accounts for the relevant financial year.
In determining a rate of return for the purposes of subsection (3), the Board should have regard to—
(a)the net rate of return achieved by investment of the relevant division of the Fund over the financial year; and
(b)the desirability of reducing undue fluctuations in the rate of return on contributors' accounts.
Where, in pursuance of subsection (4)(b), the Board determines a rate of return that is at variance with the net rate of return achieved by investment of the relevant division of the Fund, the Board must include its reasons for the determination in its report for the relevant financial year.
Where it is necessary to determine the balance of a contributor's account and the Board has not yet determined a rate of return in relation to the relevant financial year, the balance will be determined by applying a percentage rate of return on accounts estimated by the Board.
(6a)A balance determined under subsection (6) will not be adjusted when a rate of return is subsequently determined under subsection (3).
The Board must, within six months after the end of each financial year, provide each contributor with a written statement of the amount standing to the credit of the contributor's contribution account at the end of the financial year and the amount by which the balance of the account has been increased pursuant to subsection (3) in respect of that financial year.
A reference in this section to rate of return is a reference to a positive or a negative rate of return.
Subdivision 2—Investment option, rollover payments and co‑contributions
13A—Investment option
The Treasurer may, in accordance with this section, accept monetary payments from a contributor whose employment as a police officer has not terminated.
A monetary payment under subsection (1) must consist of an amount sacrificed by the contributor from his or her salary in accordance with a contract, an award or an enterprise agreement that entitles the person to sacrifice part of his or her salary.
The following provisions apply in relation to a payment made to the Treasurer under this section:
(a)the Treasurer must pay into the Southern State Superannuation Fund from the Consolidated Account (which is appropriated to the necessary extent), or from a special deposit account established for the purpose, an amount equivalent to the payment;
(b)if the contributor is not already a member of the Triple S scheme—the contributor will be taken to have elected to become a member of that scheme under regulations made pursuant to section 19(3) of the Southern State Superannuation Act 2009.
Note—
Under regulations made for the purposes of the Southern State Superannuation Act 2009, a contribution account maintained by the South Australian Superannuation Board in the name of a contributor who is taken under this subsection to have elected to become a member of the Triple S scheme will be credited with any amount sacrificed by the contributor from his or her salary.
13B—Rollover payments
The Board may accept the payment of money for a contributor from another fund or scheme.
Money that is rolled over to the Scheme from another fund or scheme must be paid to the Treasurer.
The Treasurer must pay into the Southern State Superannuation Fund from the Consolidated Account (which is appropriated to the necessary extent), or from a special deposit account established for the purpose, an amount equivalent to the amount of any money rolled over from another fund or scheme.
Note—
Under regulations made for the purposes of the Southern State Superannuation Act 2009, a rollover account maintained by the South Australian Superannuation Board in the name of a contributor for whom money has been rolled over from another fund or scheme and paid to the Treasurer under this section will be credited with the amount of the money.
13C—Co‑contribution accounts
The Board must—
(a)establish a co‑contribution account in the name of a contributor for whom a co‑contribution has been paid to the Board; and
(b)credit the account with the amount of any co‑contribution paid to the Board in respect of the contributor; and
(c)immediately on a co‑contribution account being credited with the amount of a co‑contribution—transfer the amount to the South Australian Superannuation Board for the purpose of being credited to a co‑contribution account maintained by that Board in the name of the contributor.
Note—
Under regulations made for the purposes of the Southern State Superannuation Act 2009, a co‑contribution account maintained by the South Australian Superannuation Board in the name of a contributor in respect of whom a co‑contribution has been paid to the Police Superannuation Board will be credited with the amount of the co-contribution.
Division 4—Payment of benefits
14—Payment of benefits
Any payment to be made under this Act to a contributor, a deceased contributor's estate, a spouse or child of a deceased contributor or to another fund or scheme on behalf of a contributor must be made by the Treasurer out of the Consolidated Account (which is appropriated to the necessary extent) or out of a special deposit account established by the Treasurer for that purpose.
A proportion of a pension or lump sum paid to, or in relation to, a contributor under this Act, other than an amount paid under Division 3 Subdivision 2, will be charged against the contributor's contribution account to the extent of the amount standing to the credit of the account or, if the account has been closed, will be charged against the relevant division of the Fund.
The proportion for the purposes of subsection (2) will be equivalent to the proportion of the benefits payable in the future under Part 5 that can, in the opinion of the Board, be met from the division of the Fund relating to contribution accounts.
(3a)The opinion of the Board must be based on the most recent triennial report under section 15(4).
(3b)If a payment under subsection (1) relates to the transfer of an amount to the South Australian Superannuation Board under section 13C, an amount equal to the amount of the payment is to be charged against the appropriate account and the Treasurer must reimburse the Consolidated Account or special deposit account by charging the Fund with that amount.
The Treasurer may reimburse the Consolidated Account or special deposit account by charging the relevant division of the Fund with the amount of any payment or proportion of any payment that is, in pursuance of this Act, to be charged against a contributor's contribution account.
Division 5—Reports
15—Reports
The Board must, on or before 31 October in each year, submit a report to the Minister on the operation of this Act during the financial year ending on 30 June in that year.
The Minister must, in relation to the triennium ending 30 June 1993, and thereafter in relation to each succeeding triennium, obtain a report within 12 months after the end of the relevant triennium—
(a)on the cost of the Scheme to the Government at the time of the report and in the foreseeable future; and
(b)estimating the proportion of future benefits under this Act that can be met from the Fund.
(4a)A report under subsection (4) must be prepared by an actuary, not being a member of the Board, appointed by the Minister.
The Minister must, within six sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.
Part 3—Contributors, contribution rates and contribution points
16—Contributors
Subject to this Act, a police officer who became a contributor to the Police Pensions Fund before the commencement of this Act (including a person who was a cadet immediately before that commencement and who subsequently became a police officer) must contribute to the Scheme.
An officer's contributions may be deducted from his or her salary.
17—Contribution rates
Subject to subsection (1a), a contributor must make contributions to the Treasurer at the rate at which he or she was contributing immediately before the commencement of this Act.
(1a)A police officer who was a police cadet immediately before the commencement of this Act must make contributions to the Treasurer at the rate at which he or she would have been contributing to the Police Pensions Fund immediately before the commencement of this Act if he or she had been a police officer at that time.
A contributor's contributions will be fixed in relation to each financial year, as from a day in that financial year determined by the Board—
(a)on the basis of the contributor's actual or attributed salary as at 31 March last preceding the commencement of the financial year or, if the contributor's hours of employment have increased or decreased between that date and the commencement of the financial year, on the basis of the contributor's salary following the last such increase or decrease in the hours of employment;
(b)—
(i)if the contributor had not then commenced his or her employment, the contributions will be fixed on the basis of the contributor's commencing salary;
(ii)if the contributor was then on leave without pay or at a reduced rate of pay, the contributor will be taken for the purposes of determining the contributor's actual or attributed salary to be employed for the number of hours that the contributor would have been employed and to be receiving the salary that the contributor would have been receiving, if not on leave;
(iii)if after the date on which contributions for a particular financial year are fixed there is a reduction in the contributor's salary resulting from a reduction in hours of work (other than a temporary reduction of less than two weeks' duration), there will be a proportionate reduction in the contributor's contributions (but such a contributor may, with the Board's approval, elect to contribute as if there had been no reduction in salary and in that event benefits payable under this Act will be calculated as if there had been no reduction of salary);
(iv)if the reason for the reduction in hours of work is an illness or injury suffered by the contributor, an election under subparagraph (iii) may, with the Board's approval, operate during subsequent years despite paragraph (a).
If on the 31st day of March in any year a contributor is receiving weekly workers compensation payments those payments will be regarded as salary or a component of salary and contributions will be based on the aggregate of the contributor's salary (if any) and the weekly workers compensation payments as at that date.
(3a)If, after a contributor's contributions have been fixed in relation to a financial year, the contributor receives weekly workers compensation payments and the aggregate of the contributor's salary (if any) and the weekly payments is less than the salary on which the contributions were based the Board must make a proportionate reduction in the amount of the contributions.
The following provisions apply to leave without pay:
(a)any period of leave without pay of two weeks or less will be treated as a period of employment in respect of which contributions are payable;
(b)if leave without pay is taken for a continuous period exceeding two weeks, no contribution is payable in respect of that period unless the contributor elects to contribute and the election is approved by the Board;
(c)the Board must only approve an election in respect of a period of leave without pay that exceeds 12 months if satisfactory arrangements have been made for reimbursement of the costs of benefits attributable to that period.
A contributor will cease to contribute to the Scheme if before termination of the contributor's employment the following conditions are satisfied:
(a)the contributor is of or above the age of 60 years; and
(b)the contributor has not less than—
(i)an aggregate of 360 contribution points; or
(ii)an aggregate number of contribution points equal to the number of months between the date on which he or she became a contributor and the date on which he or she reached the age of 60 years,
whichever is the greater number.
18—Contribution points
Contribution points accrue to a contributor who is employed on a full-time basis at the rate of one point for each contribution month.
Where a contributor is employed on a part-time basis a proportion of one contribution point accrues to the contributor in respect of a contribution month equal to the proportion that the amount actually contributed in respect of that month bears to the amount that would have been contributed if the contributor had been employed on a full-time basis.
A contributor will not be credited with contribution points in respect of a period—
(a)during which the contributor is on leave without pay and is not contributing to the Scheme;
(b)during which the contributor is suspended from South Australia Police without pay.
Where a formula in this Act requires the extrapolation of a contributor's contribution points to a particular age the following provisions apply:
(a)if the contributor has then reached the age to which the points are to be extrapolated, the number of points to be used in the formula is the aggregate of the accrued contribution points;
(b)in any other case—
(i)if the contributor has been in full-time employment throughout the contribution period—the number of points to be used in the formula is the aggregate of the accrued contribution points plus a number equal to the number of months' difference between the contributor's age as at the entitlement day and the age to which the points are to be extrapolated (an incomplete month occurring in that period being taken to be a whole month);
(ii)if the contributor has not been in full-time employment throughout the contribution period—the number of points to be used in the formula is the aggregate of the accrued contribution points plus the relevant proportion of the number of months' difference between the contributor's age as at the entitlement day and the age to which the points are to be extrapolated (an incomplete month occurring in that period being taken to be a whole month).
The reference in subsection (4) to the relevant proportion is a reference to a proportion arrived at by expressing the contributor's employment as a proportion of full-time employment.
19—Attribution of contribution points and months
The Minister may, in appropriate cases—
(a)attribute additional contribution points to a contributor;
(b)attribute additional contribution months to a contributor.
Part 5—Superannuation benefits
Division 1—Pension benefits
27—Application of Part to police cadets
(2)Sections 30, 31 and 32 apply to a person who was a police cadet immediately before the commencement of this Act as though he or she were a contributor and if that person subsequently becomes a police officer all the provisions of this Part will then apply to that person.
28—Retirement
A contributor who retires from employment after reaching the age of 55 years is entitled to a lump sum calculated in accordance with subsection (1a) and a pension calculated as follows:
Where—
P is the amount of the pension (expressed as an amount per fortnight)
A is the lesser of the following:
(a)unity;
(b)the numerical value obtained by dividing the number of the contributor's accrued contribution points by 360 or, where the contributor has not reached the age of 60 years, by the addition of 300 and the number of months (if any) by which the contributor's age, at retirement, exceeds 55 years
K is a reduction factor that varies with the contributor's age expressed in years and completed months (for the value of K see Schedule 3)
FS is the contributor's actual or attributed salary (expressed as an amount per fortnight)
X is the number of months (if any) by which the contributor's age, at retirement, exceeds 60 years.
(1a)The lump sum referred to in subsection (1) is calculated as follows:
Where—
LS is the lump sum
Pn is—
(a)in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b)in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
FS is the contributor's actual or attributed salary (expressed as an annual amount)
M is the number of months of the contributor's contribution period occurring after 31 December 1987.
A retirement pension will be indexed.
A contributor may, subject to subsection (4), retire after reaching the age of 50 years and if the contributor retires before reaching the age of 55 years he or she is entitled to a lump sum payment calculated as follows:
Where—
LS is the lump sum
A is the lesser of the following:
(a)unity;
(b)the numerical value obtained by dividing the number of the contributor's accrued contribution points by 360
FS is the contributor's actual or attributed salary (expressed as an annual amount)
X is the number of months (if any) by which the contributor's age, at retirement, exceeds 50 years
Pn is—
(a)in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b)in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
M is the number of months of the contributor's contribution period occurring after 31 December 1987.
The number of contributors who may retire pursuant to subsection (3) is subject to restriction by regulation.
29—Retrenchment
Where—
(a)a contributor's employment is terminated by retrenchment;
(b)the contributor has been a contributor for not less than 5 years;
(c)the Board is satisfied that there is no other position in South Australia Police, carrying a salary of at least 80 per cent of the salary applicable to the former employment, which the contributor could reasonably be expected to take, available to the contributor,
the contributor is entitled to a pension and a lump sum under this section.
The amount of the pension is calculated as follows:
Where—
P is the amount of the pension (expressed as an amount per fortnight)
A is the numerical value obtained by dividing the number of the contributor's accrued contribution points by—
(a)in the case of a contributor whose contribution period commenced before reaching the age of 30 years—the number of months between the contributor's age as at the date of commencement of the contribution period and the age of 60 years;
(b)in any other case—360
FS is the contributor's actual or attributed salary (expressed as an amount per fortnight) immediately before retrenchment.
(2a)The amount of the lump sum is calculated as follows:
Where—
LS is the lump sum
Pn is—
(a)in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b)in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
FS is the contributor's actual or attributed salary (expressed as an annual amount)
M is the number of months of the contributor's contribution period occurring after 31 December 1987.
A retrenchment pension will be indexed.
30—Temporary disability pension
Subject to this section, a contributor—
(a)who is temporarily or permanently incapacitated for work but whose employment has not been terminated on that ground; and
(b)who has not reached 60 years of age,
is entitled to a disability pension.
A contributor who becomes incapacitated for work in a particular position will not be regarded as incapacitated for work for the purposes of this section if some other position, in South Australia Police carrying a salary of at least 80 per cent of the salary applicable to the former position, is available to the contributor and the contributor could reasonably be expected to take that other position.
A disability pension is not payable in respect of—
(a)a period in respect of which the contributor is entitled to sick leave; or
(b)a period in respect of which the contributor is entitled to weekly payments of workers compensation; or
(c)a period for which the contributor is on recreation leave or long service leave.
The Board will not pay a disability pension in respect of a period of incapacity of less than one week and may decline to pay a disability pension if it appears that the duration of the incapacity is likely to be less than six months.
The amount of the pension is calculated as follows:
Where—
P is the amount of the pension (expressed as an amount per fortnight)
A is the numerical value obtained by dividing the number of the contributor's contribution points extrapolated to the age of 60 years by—
(a)in the case of a contributor whose contribution period commenced before reaching the age of 30 years—the number of months between the contributor's age as at the date of commencement of the contribution period and the age of 60 years;
(b)in any other case—360
FS is the contributor's actual or attributed salary (expressed as an amount per fortnight) immediately before the pension becomes payable.
A disability pension cannot be paid for a continuous period of more than 12 months unless the Board thinks that there are special reasons for extending that limit, in which case it may extend the pension period by not more than a further six months.
A disability pension cannot be paid, in respect of the same incapacity, for an aggregate period of more than 18 months in any one period of 36 months.
A contributor is not required to make any contribution over a period for which the contributor receives a disability pension but will be credited with contribution points and contribution months in respect of any such period as if the contributor were contributing in respect of that period.
31—Invalidity
A contributor whose employment terminates on the ground of invalidity before he or she reaches the age of 60 years is entitled to a benefit under this section.
If the Board is satisfied that the contributor's incapacity for all kinds of work (both inside and outside South Australia Police) is 60 per cent or more and is likely to be permanent, the contributor is entitled to a lump sum calculated in accordance with subsection (4a) and a pension calculated as follows:
Where—
P is the amount of the pension (expressed as an amount per fortnight)
A is the numerical value obtained by dividing the number of the contributor's contribution points extrapolated to the age of 60 years by—
(a)in the case of a contributor whose contribution period commenced before reaching the age of 30 years—the number of months between the contributor's age as at the date of commencement of the contribution period and the age of 60 years;
(b)in any other case—360
FS is the contributor's actual or attributed salary (expressed as an amount per fortnight) immediately before termination of employment.
The pension will be indexed.
If the Board is not satisfied as to one or both of the matters referred to in subsection (2), the contributor is entitled to a lump sum calculated in accordance with subsection (4a) and a further lump sum payment that is the greater of the following:
(a)
twice the contributor's actual or attributed salary (expressed as an annual amount); or
(b)
Where—
LS is the lump sum
A is the lesser of the following:
(i) unity;
(ii) the numerical value obtained by dividing the number of the contributor's accrued contribution points by 360
FS is the contributor's actual or attributed salary (expressed as an annual amount)
X is the number of months (if any) by which the contributor's age at termination of the employment, exceeds 50 years.
(4a)The lump sum referred to in subsections (2) and (4) is calculated as follows:
Where—
LS is the lump sum
Pn is—
(a)in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b)in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
FS is the contributor's actual or attributed salary (expressed as an annual amount)
M is the number of months of the contributor's contribution period occurring after 31 December 1987.
Subject to subsection (6), a contributor's employment will be taken to have terminated on account of invalidity if and only if—
(a)the Governor or the Commissioner terminates the employment on the ground of the contributor's invalidity; or
(b)—
(i)the contributor satisfies the Board (before termination of employment) that he or she is incapacitated for work in the contributor's present position; and
(ii)the Board is satisfied that there is no other position in South Australia Police or in the Public Service of the State, carrying a salary of at least 80 per cent of the salary applicable to the contributor's present position, which the contributor could reasonably be expected to take, available to the contributor; and
(iii)the contributor has been on sick leave, weekly payments of workers compensation or disability pension for at least 12 months or periods aggregating at least 12 months on account of the invalidity; and
(iv)the contributor, after giving notice to the Board as required by the regulations, resigns from employment.
If—
(a)the contributor refuses employment in some other position in South Australia Police or the Public Service of the State that carries a salary of at least 80 per cent of the salary applicable to the contributor's present position which the contributor could reasonably be expected to have taken; and
(b)the Governor or the Commissioner subsequently terminates the contributor's employment,
the contributor will be taken to have retired or resigned from employment.
For the purposes of subsection (6)(a) a contributor will be taken to have refused employment in a position in South Australia Police or the Public Service of the State if he or she refuses an offer of employment in that position or refuses to make a genuine application for appointment to the position after being requested to do so by the Commissioner or the Board.
Where the Commissioner proposes to terminate a contributor's employment on the ground of invalidity, the Commissioner must, at least one month before doing so, give the Board notice of the proposal in accordance with the regulations.
32—Benefits payable on contributor's death
Where a contributor dies—
(a)the contributor's spouse is entitled to—
(i)a pension equal to two-thirds of the deceased contributor's notional pension and, if the contributor's employment was terminated by his or her death, a lump sum calculated in accordance with subsection (1ab); and
(ii)where the contributor retired from employment after the commencement of the repealed Act but before the commencement of this Act—a lump sum equal to two-thirds of the lump sum paid to the contributor upon retirement; and
(b)an eligible child is entitled to a pension in accordance with subsection (2).
(1ab)The lump sum referred to in subsection (1)(a)(i) is calculated as follows:
Where—
LS is the lump sum
Pn is—
(a)in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b)in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
FS is the contributor's actual or attributed salary (expressed as an annual amount)
M is the number of months of the contributor's contribution period occurring after 31 December 1987.
(1a)Where a surviving spouse would, but for an election under this subsection, be entitled to a lump sum under subsection (1)(a)(ii), the spouse may instead, by written notice given to the Board before the lump sum is paid, elect to receive a pension equal to one-third of the deceased contributor's notional pension in addition to the pension referred to in subsection (1)(a)(i).
(1b)However, a surviving spouse will not be entitled to a benefit under this section if section 38K applies to the spouse and the amount of any benefit payable to a person must take into account any reduction that has been made under section 38J.
Subject to subsection (3) the amount of the pension for each eligible child is as follows:
(a)if a pension is being paid to a surviving spouse—
(i)where there are no more than two eligible children—a pension equal to one-ninth of the deceased contributor's notional pension;
(ii)where there are three or more eligible children—a pension calculated by dividing one-third of the deceased contributor's notional pension by the number of eligible children;
(b)if no pension is being paid to a surviving spouse—
(i)where there is one eligible child—a pension equal to 45 per cent of the deceased contributor's notional pension;
(ii)where there are two eligible children—a pension equal to 40 per cent of the deceased contributor's notional pension;
(iii)where there are three eligible children—a pension equal to 30 per cent of the deceased contributor's notional pension;
(iv)where there are four or more eligible children—a pension calculated by dividing the deceased contributor's notional pension by the number of eligible children.
If the amount of a pension for an eligible child would, but for this subsection, be less than the prescribed amount, the pension will be increased to the prescribed amount.
A reference in this section to a deceased contributor's notional pension is—
(a)where the contributor's employment had terminated before the date of death—a reference to the amount of the contributor's pension immediately before his or her death except where the contributor's employment terminated before the commencement of this Act and the contributor had made an election under section 37(2) of the repealed Act or under a corresponding provision of a previous enactment in which case the notional pension will be the pension that the contributor would have been receiving immediately before his or her death if he or she had not made that election;
(b)where the contributor's employment terminated on his or her death and the contributor reached the age of 60 years on or before the date of death—a reference to the amount of the retirement pension to which the contributor would have been entitled if he or she had retired on the date of death;
(c)where the contributor's employment terminated on his or her death and the contributor had not reached the age of 60 years on the date of death—a reference to the amount of the retirement pension to which the contributor would have been entitled if he or she had not died and—
(i)had continued in employment until reaching the age of 60 years (but without change to the contributor's actual or attributed salary as at the date of death); and
(ii)had been credited with a number of contribution points in respect of the period from the date of death to the age of 60 years equivalent to—
(A)in the case of a contributor who had been in full-time employment throughout the contribution period—the number of months between the end of the last complete month of the contribution period and the age of 60 years (an incomplete month being counted as a whole month);
(B)in the case of a contributor who had not been in full-time employment throughout the contribution period—the number that bears the same proportion to the number of months referred to in subsubparagraph (A) as the contributor's employment bears to full-time employment; and
(iii)had retired on reaching the age of 60 years.
Subject to subsection (6), a deceased contributor's notional pension will be indexed as if it were (or remained) an actual pension and consequential adjustments will be made to pensions calculated by reference to the notional pension.
A deceased contributor's notional pension will not be indexed for the purpose of determining the amount of a pension payable to a surviving spouse under subsection (1a).
33—Benefits payable to contributor's estate
The estate of a contributor who dies and is not survived by a spouse but is survived by an eligible child or eligible children is entitled to a lump sum that is—
(a)where the contributor's employment was terminated by his or her death—made up of the following amounts:
(i)an amount that is the greater of the following amounts:
(A)an amount equivalent to the amount standing to the credit of the contributor's contribution account; or
(B)an amount equivalent to twice the amount of the contributor's actual or attributed salary (expressed as an annual amount); and
(ii)an amount calculated as follows:
Where—
A is the amount
Pn is—
(a)in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b)in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
FS is the contributor's actual or attributed salary (expressed as an annual amount)
M is the number of months of the contributor's contribution period occurring after 31 December 1987;
(b)in any other case—an amount equivalent to the amount standing to the credit of the contributor's contribution account.
The estate of a contributor whose employment was terminated by his or her death and who is not survived by a spouse or an eligible child is entitled to a lump sum calculated in accordance with subsection (3) and a further lump sum payment in accordance with the following provisions:
(a)if the contributor died in the course of duty the lump sum is the greater of the following:
(i)
(ii)
(b)if the contributor did not die in the course of duty the lump sum is calculated as follows:
In both paragraphs (a) and (b)—
LS is the lump sum payment
A is the lesser of the following:
(a)unity;
(b)the numerical value obtained by dividing the number of the contributor's accrued contribution points by 360;
FS is the contributor's actual or attributed salary (expressed as an annual amount).
The lump sum referred to in subsection (2) is calculated as follows:
Where—
LS is the lump sum
Pn is—
(a)in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b)in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
FS is the contributor's actual or attributed salary (expressed as an annual amount)
M is the number of months of the contributor's contribution period occurring after 31 December 1987.
34—Resignation and preservation of benefits
A contributor who resigns from employment may elect—
(a)to take immediately an amount (to be charged against the contributor's contribution account) equivalent to the total balance of the account; or
(b)to preserve his or her accrued superannuation benefits in the Scheme.
(1aa)A contributor who fails to inform the Board in writing of his or her election under subsection (1) within three months after resignation will be taken to have elected to preserve his or her accrued superannuation benefits.
(1ab)If the Board is of the opinion that the limitation period referred to in subsection (1aa) would unfairly prejudice a contributor, the Board may extend the period as it applies to the contributor.
(1a)Where a contributor resigns and elects to take the amount referred to in subsection (1)(a) the contributor is also entitled to a superannuation payment in accordance with the following provisions:
(b)the contributor may elect to preserve the payment or to carry it over to some other superannuation fund or scheme approved by the Board;
(c)if the contributor elects to preserve the payment—
(i)the payment will be transferred to the credit of the contributor in an account in the name of the contributor in the Triple S scheme; and
(ii)the amount of the payment to be transferred under subparagraph (i) will be determined in accordance with the provisions of this section as if the payment were to be made to the contributor on the day that the transfer takes place; and
(iii)the payment will be taken to have been preserved under regulations made pursuant to section 30(2)(e) of the Southern State Superannuation Act 2009; and
(iv)the contributor will not be entitled to any other payment or benefit under this subsection;
(d)if the contributor fails to inform the Board in writing of his or her election under paragraph (b) within 3 months after resignation, he or she will be taken to have elected to preserve the payment.
(1b)The amount of the superannuation payment referred to in subsection (1a) is made up of the following components:
(a)a component being the amount of the minimum contribution required to avoid payment of the superannuation guarantee charge in respect of the contributor under the Commonwealth Act together with interest from the date of resignation to the date on which the payment is, according to the contributor's election, carried over to another fund or scheme or transferred under subsection (1a)(c)(i); and
(b)where the contributor was a police officer at any time during the period commencing on 1 January 1988 and ending on 30 June 1992—a component calculated as follows:
Where—
C is the component
Pn is—
(a)in the case of a contributor who was in full-time employment during that part of the contribution period occurring during the period commencing on 1 January 1988 and ending on 30 June 1992—1;
(b)in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
AFS is the contributor's actual or attributed salary as at the date of resignation (expressed as an annual amount) adjusted to reflect changes in the Consumer Price Index since the date of resignation
M is the number of months of the contributor's contribution period occurring during the period commencing on 1 January 1988 and ending on 30 June 1992.
(1c)The rate of interest referred to in subsection (1b)(a) will be determined by the Board in respect of the relevant financial year in accordance with section 13.
Where a contributor resigns after a contribution period of less than 120 months and elects to preserve his or her accrued superannuation benefits, the following provisions apply:
(aa)the Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the Board to make a superannuation payment under paragraph (a);
(a)the contributor may at any time after reaching 55 years of age require the Board to make a superannuation payment and, if no such requirement has been made on or before the date on which the contributor reaches 60 years of age, the Board must make such a payment;
(b)if the contributor has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board must make a superannuation payment to the contributor;
(c)if the contributor dies, a payment must be made to the spouse of the deceased contributor or, if he or she left no surviving spouse, to the contributor's estate,
(and a payment under any of the above paragraphs excludes further rights so that a claim cannot be subsequently made under some other paragraph).
A payment under subsection (2) will be made up of a lump sum calculated in accordance with subsection (3a) and a further lump sum made up of two components—
(a)an employee component (to be charged against the contributor's contribution account) equivalent to the total balance of the account; and
(b)an employer component which will be equal to 2⅓ times the amount of the employee component.
(3a)The lump sum referred to in subsection (3) is calculated as follows:
Where—
LS is the lump sum
Pn is—
(a)in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b)in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
AFS is the contributor's actual or attributed salary as at the date of resignation (expressed as an annual amount) adjusted to reflect changes in the Consumer Price Index since the date of resignation
M is the number of months of the contributor's contribution period occurring after 31 December 1987.
Where a contributor resigns after a contribution period of 120 months or more and elects to preserve his or her accrued superannuation benefits, the following provisions apply:
(aa)the Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the payment of a lump sum and retirement pension under paragraph (a);
(a)the contributor may, at any time after reaching 55 years of age, require the Board to pay the lump sum and commence paying the retirement pension referred to in subsection (5) and, if no such requirement has been made on or before the date on which the contributor reaches 60 years of age, the Board must pay the lump sum and commence paying the pension on and from that date;
(b)if the contributor has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board must pay a lump sum and an invalid pension to the contributor in accordance with subsection (5);
(c)if the contributor dies and is survived by a spouse, a lump sum and a pension must be paid to the spouse of the deceased contributor in accordance with subsection (6);
(d)if the contributor dies and is survived by an eligible child, or two or more eligible children, a pension must be paid to each eligible child in accordance with subsection (7);
(e)if the contributor dies and is not survived by a spouse but is survived by an eligible child or eligible children, a lump sum must be paid to the contributor's estate in accordance with subsection (8b) in addition to the pension payable under paragraph (d) to the eligible child or children;
(f)if the contributor dies and is not survived by a spouse or an eligible child, a lump sum that is the aggregate of the lump sums calculated under subsections (8a) and (8c) must be paid to the contributor's estate.
The lump sum payable to the contributor under paragraph (a) or (b) of subsection (4) will be calculated in accordance with subsection (8a) and the pension payable to the contributor under either of those paragraphs will be calculated as follows:
Where—
P is the amount of the pension (expressed as an amount per fortnight)
A is the numerical value obtained by dividing the number of the contributor's accrued contribution points by—
(a)in the case of a contributor whose contribution period commenced before reaching the age of 30 years—the number of months between the contributor's age as at the commencement of the contribution period and the age of 55 years;
(b)in any other case—300
AFS is the contributor's actual or attributed salary as at the date of resignation (expressed as an amount per fortnight) adjusted to reflect changes in the Consumer Price Index since the date of resignation.
The lump sum payable to the spouse of a deceased contributor under subsection (4) will be calculated in accordance with subsection (8a) and the pension payable to the spouse under that subsection will be two-thirds of the deceased contributor's notional pension.
Subject to subsection (8) the amount of the pension for each eligible child is as follows:
(a)if a pension is being paid to a surviving spouse—
(i)where there are no more than two eligible children—a pension equal to one-ninth of the deceased contributor's notional pension;
(ii)where there are three or more eligible children—a pension calculated by dividing one-third of the deceased contributor's notional pension by the number of eligible children;
(b)if no pension is being paid to a surviving spouse—
(i)where there is one eligible child—a pension equal to 45 per cent of the deceased contributor's notional pension;
(ii)where there are two eligible children—a pension equal to 40 per cent of the deceased contributor's notional pension;
(iii)where there are three eligible children—a pension equal to 30 per cent of the deceased contributor's notional pension;
(iv)where there are four or more eligible children—a pension calculated by dividing the deceased contributor's notional pension by the number of eligible children.
If the amount of a pension for an eligible child would, but for this subsection, be less than the prescribed amount, the pension will be increased to the prescribed amount.
(8a)The lump sum is calculated as follows:
Where—
LS is the lump sum
Pn is—
(a)in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;
(b)in any other case—the numerical value arrived at by expressing the contributor's employment during that part of the contribution period as a proportion of full-time employment during that part of the contribution period
AFS is the contributor's actual or attributed salary as at the date of resignation (expressed as an annual amount) adjusted to reflect changes in the Consumer Price Index since the date of resignation
M is the number of months of the contributor's contribution period occurring after 31 December 1987.
(8b)The amount of the lump sum payable to the estate of the deceased contributor under subsection (4)(e) is the aggregate of—
(a)the amount standing to the credit of the contributor's contribution account; and
(b)the lump sum calculated under subsection (8a).
(8c)The second of the lump sums referred to in subsection (4)(f) is calculated as follows:
Where—
LS is the lump sum
A is the lesser of the following:
Schedule 3—
| Contributor's Age | Value of K | |
| 60 | 1.0000 | |
| 59 | 0.9553 | |
| 58 | 0.9108 | |
| 57 | 0.8663 | |
| 56 | 0.8218 | |
| 55 | 0.7773 | |
| Note— Where the age of the contributor is a number of years and a number of completed months, the value of K shown in the table must be proportionately adjusted to reflect the number of months. | ||
Legislative history
Notes
•This version is comprised of the following:
Part 1 1.5.2020 Part 2 1.8.2009 Part 3 1.7.2008 Part 5 20.11.2014 Part 5B 1.8.2009 Part 6 5.7.2018 Schedules 1.7.2008 •Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or repealed by principal Act
The Police Superannuation Act 1990 repealed the following:
Police Pensions Act 1971
Legislation amended by principal Act
The Police Superannuation Act 1990 amended the following:
Police Act 1952
Principal Act and amendments
New entries appear in bold.
Year No Title Assent Commencement 1990 39 Police Superannuation Act 1990 10.5.1990 1.6.1990 (Gazette 31.5.1990 p1478) 1992 52 Police Superannuation (Miscellaneous) Amendment Act 1992 29.10.1992 1.6.1990 except ss 6—9—29.10.1992: s 2 1992 60 Police (Police Aides) Amendment Act 1992 12.11.1992 18.3.1993 (Gazette 18.3.1993 p914) 1992 69 Statutes Amendment (Public Actuary) Act 1992 19.11.1992 10.12.1992 (Gazette 10.12.1992 p1752) 1993 12 Police Superannuation (Superannuation Guarantee) Amendment Act 1993 25.3.1993 1.7.1992: s 2 1994 46 Statutes Amendment (Closure of Superannuation Schemes) Act 1994 as amended by 53/1994 and 57/1994 9.6.1994 3.5.1994 except s 9—21.10.1994: s 2 1994 53 Statutes Amendment (Closure of Superannuation Schemes) (Extension of Time) Amendment Act 1994 15.9.1994 30.9.1994: s 2 1994 57 Statutes Amendment (Closure of Superannuation Schemes) Amendment Act 1994 20.10.1994 20.10.1994: s 2 1995 38 Superannuation Funds Management Corporation of South Australia Act 1995 27.4.1995 1.7.1995 (Gazette 25.5.1995 p2199) 1997 7 Police Superannuation (Miscellaneous) Amendment Act 1997 20.3.1997 3.4.1997 (Gazette 3.4.1997 p1386) except ss 6 & 7—1.7.1996: s 2 1997 25 Statutes Amendment (Superannuation) Act 1997 10.4.1997 Pt 4 (ss 7—11)—24.4.1997 (Gazette 24.4.1997 p1618) 1998 16 Police Superannuation (Miscellaneous) Amendment Act 1998 2.4.1998 23.4.1998 (Gazette 23.4.1998 p1926) 1998 20 Statutes Amendment (Adjustment of Superannuation Pensions) Act 1998 2.4.1998 Pt 4 (s 6)—1.10.1997: s 2 1998 55 Police Act 1998 3.9.1998 Sch 3 (cl 2)—1.7.1999 (Gazette 30.6.1999 p3310) 1999 23 Statutes Amendment (Commutation for Superannuation Surcharge) Act 1999 1.4.1999 1.4.1999 1999 54 Police Superannuation (Increments in Salary) Amendment Act 1999 12.8.1999 26.8.1999 (Gazette 26.8.1999 p954) 2000 4 District Court (Administrative and Disciplinary Division) Amendment Act 2000 20.4.2000 Sch 1 (cl 33)—1.6.2000 (Gazette 18.5.2000 p2554) 2001 12 Police Superannuation (Miscellaneous) Amendment Act 2001 12.4.2001 1.7.2001 (Gazette 14.6.2001 p2220) 2001 40 Statutes Amendment (Indexation of Superannuation Pensions) Act 2001 3.8.2001 Pt 5 (s 8)—1.1.2002: s 2 2003 13 Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 12.6.2003 Pt 3 (ss 6—8)—3.7.2003 (Gazette 3.7.2003 p2877) 2003 21 Statutes Amendment (Notification of Superannuation Entitlements) Act 2003 17.7.2003 Pt 3 (ss 6 & 7)—17.8.2003: s 2 2003 49 Statutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003 20.11.2003 Pt 4 (ss 10—14)—18.12.2003 (Gazette 18.12.2003 p4527) 2004 37 Statutes Amendment (Miscellaneous Superannuation Measures) Act 2004 5.8.2004 Pt 2 (ss 4—12)—19.8.2004 (Gazette 19.8.2004 p3280) 2004 51 Statutes Amendment (Miscellaneous Superannuation Measures No 2) Act 2004 16.12.2004 Pt 4 (s 10(3) & (4))—1.7.1999: s 2(2); Pt 4 (s 19)—3.7.2003: s 2(3); Pt 4 (ss 10(1), (2), (5) & 11—18) and Sch 1—13.1.2005 (Gazette 13.1.2005 p69) 2006 43 Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 67 (ss 174—177)—1.6.2007 (Gazette 26.4.2007 p1352) 2008 25 Statutes Amendment (Police Superannuation) Act 2008 26.6.2008 Pt 2 (ss 4—29) & Sch 1—1.7.2008 (Gazette 26.6.2008 p2554) 2009 27 Southern State Superannuation Act 2009 11.6.2009 Sch 1 (cll 2—5)—1.8.2009 (Gazette 23.7.2009 p3282) 2012 37 Statutes Amendment and Repeal (Superannuation) Act 2012 25.10.2012 Pt 4 (s 12)—15.6.2014 (Gazette 12.6.2014 p2485) 2014 18 Statutes Amendment (Superannuation) Act 2014 20.11.2014 Pt 3 (ss 4 & 5)—20.11.2014 2015 18 Statutes Amendment (Superannuation) Act 2015 6.8.2015 Pt 2 (s 4)—27.8.2015 (Gazette 27.8.2015 p3947) 2017 13 Statutes Amendment (Registered Relationships) Act 2017 26.4.2017 Pt 10 (ss 15 & 16)—1.8.2017 (Gazette 1.8.2017 p3039) 2017 51 Statutes Amendment (SACAT No 2) Act 2017 28.11.2017 Pt 37 (ss 202 to 207)—5.7.2018 (Gazette 28.6.2018 p2618) 2019 46 Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019 19.12.2019 Pt 12 (s 29)—1.5.2020 (Gazette 30.4.2020 p838) Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 3.7.2003 amended by 25/2008 Sch 1 1.7.2008 Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 3.7.2003 s 3 omitted under Legislation Revision and Publication Act 2002 3.7.2003 s 4 s 4(1) actuary inserted by 69/1992 s 22 10.12.1992 co-contribution inserted by 51/2004 s 10(1) 13.1.2005 co-contribution account inserted by 51/2004 s 10(1) 13.1.2005 the Commonwealth Act inserted by 12/1993 s 3 1.7.1992 contribution period amended by 25/2008 s 4(1) 1.7.2008 contributor substituted by 25/2008 s 4(2) 1.7.2008 amended by 27/2009 Sch 1 cl 2(1) 1.8.2009 deferred superannuation contributions surcharge inserted by 37/2004 s 4(1) 19.8.2004 member of the police force inserted by 60/1992 Sch 2 18.3.1993 amended by 55/1998 Sch 3 (cl 2) 1.7.1999 deleted by 25/2008 Sch 1 1.7.2008 new scheme contributor deleted by 25/2008 s 4(3) 1.7.2008 old scheme contributor deleted by 25/2008 s 4(4) 1.7.2008 putative spouse inserted by 13/2003 s 6 3.7.2003 substituted by 43/2006 s 174 1.6.2007 registered relationship inserted by 13/2017 s 15 1.8.2017 retrenchment pension amended by 25/2008 s 4(5) 1.7.2008 rollover account inserted by 51/2004 s 10(2) 13.1.2005 deleted by 25/2008 s 4(6) 1.7.2008 salary, in relation to a contributor who is employed inserted by 51/2004 s 10(3) 1.7.1999 salary, in relation to a contributor who is not employed amended by 51/2004 s 10(4) 1.7.1999 SIS Act inserted by 51/2004 s 10(5) 13.1.2005 special deposit account inserted by 25/1997 s 7 24.4.1997 Superannuation Contributions Tax Act inserted by 37/2004 s 4(2) 19.8.2004 the Superannuation Funds Management Corporation of South Australia or the Corporation inserted by 38/1995 Sch 2 1.7.1995 surcharge notice inserted by 37/2004 s 4(3) 19.8.2004 Tribunal inserted by 51/2017 s 202 5.7.2018 Triple S scheme inserted by 25/2008 s 4(7) 1.7.2008 amended by 27/2009 Sch 1 cl 2(2) 1.8.2009 the Trust deleted by 38/1995 Sch 2 1.7.1995 s 4(3) substituted by 52/1992 s 3(a) 1.6.1990 amended by 25/2008 Sch 1 1.7.2008 s 4(3aa) inserted by 54/1999 s 3(a) 26.8.1999 s 4(3a) inserted by 16/1998 s 3(a) 23.4.1998 amended by 54/1999 s 3(b) 26.8.1999 automatic increment inserted by 54/1999 s 3(c) 26.8.1999 permanent position in South Australia Police amended by 55/1998 Sch 3 (cl 2) 1.7.1999 permanent position in the police force amended to read permanent position in South Australia Police by 25/2008 Sch 1 1.7.2008 s 4(4) and (5) substituted by 52/1992 s 3(a) 1.6.1990 s 4(6) amended by 52/1992 s 3(b) 1.6.1990 amended by 25/2008 Sch 1 1.7.2008 amended by 18/2015 s 4 27.8.2015 s 4(6a) inserted by 52/1992 s 3(c) 1.6.1990 s 4(6b) inserted by 16/1998 s 3(b) 23.4.1998 amended by 25/2008 s 4(8), Sch 1 1.7.2008 s 4(7) amended by 16/1998 s 3(c) 23.4.1998 amended by 12/2001 s 3(a) 1.7.2001 s 4(7a) inserted by 12/2001 s 3(b) 1.7.2001 amended by 25/2008 s 4(9) 1.7.2008 s 4(8) substituted by 7/1997 s 3 3.4.1997 amended by 16/1998 s 3(d), (e) 23.4.1998 deleted by 25/2008 s 4(10) 1.7.2008 s 4(8a) inserted by 7/1997 s 3 3.4.1997 amended by 16/1998 s 3(f), (g) 23.4.1998 amended by 25/2008 s 4(11) 1.7.2008 s 4(9) amended by 25/2008 Sch 1 1.7.2008 s 4A inserted by 13/2003 s 7 3.7.2003 s 4A(1) substituted by 43/2006 s 175 1.6.2007 amended by 13/2017 s 16(1) 1.8.2017 amended by 46/2019 s 29(1) 1.5.2020 (b) deleted by 46/2019 s 29(2) 1.5.2020 s 4A(2) substituted by 13/2017 s 16(2) 1.8.2017 amended by 51/2017 s 203(1) 5.7.2018 s 4A(2a) inserted by 13/2017 s 16(2) 1.8.2017 s 4A(3) amended by 51/2017 s 203(2), (3) 5.7.2018 s 4A(4) amended by 51/2017 s 203(4) 5.7.2018 s 4A(5) amended by 51/2017 s 203(5) 5.7.2018 s 4B inserted by 13/2003 s 7 3.7.2003 s 4B(4) amended by 51/2017 s 204(1), (2) 5.7.2018 Pt 2 Pt 2 Div 1 s 7 s 7(1) amended by 25/2008 Sch 1 1.7.2008 s 7(2) deleted by 69/1992 s 23 10.12.1992 s 8 s 8(2) amended by 25/2008 Sch 1 1.7.2008 s 9A inserted by 25/2008 s 5 1.7.2008 Pt 2 Div 2 s 10 s 10(3) amended by 38/1995 Sch 2 1.7.1995 s 10(4) amended by 25/1997 s 8(a) 24.4.1997 substituted by 51/2004 s 11(1) 13.1.2005 s 10(6) amended by 12/2001 s 4 1.7.2001 amended by 51/2004 s 11(2) 13.1.2005 amended by 25/2008 s 6(1)—(3) 1.7.2008 (c) deleted by 25/2008 s 6(3) 1.7.2008 s 10(7) amended by 25/1997 s 8(b) 24.4.1997 s 10(8) amended by 38/1995 Sch 2 1.7.1995 s 11 s 11(1) and (2) amended by 38/1995 Sch 2 1.7.1995 s 11(3) and (4) deleted by 38/1995 Sch 2 1.7.1995 s 12 deleted by 38/1995 Sch 2 1.7.1995 Pt 2 Div 3 heading substituted by 25/2008 s 7 1.7.2008 Pt 2 Div 3 Subdiv 1 heading inserted by 25/2008 s 7 1.7.2008 s 13 s 13(3) substituted by 25/2008 s 8 1.7.2008 s 13(6) substituted by 16/1998 s 4(a) 23.4.1998 s 13(6a) inserted by 16/1998 s 4(a) 23.4.1998 s 13(8) inserted by 16/1998 s 4(b) 23.4.1998 Pt 2 Div 3 Subdiv 2 inserted by 25/2008 s 9 1.7.2008 s 13A s 13A(3) amended by 27/2009 Sch 1 cl 3(1), (2) 1.8.2009 Pt 2 Div 4 s 14 s 14(1) amended by 25/1997 s 9(a) 24.4.1997 s 14(2) substituted by 12/2001 s 5 1.7.2001 amended by 51/2004 s 12(1) 13.1.2005 amended by 25/2008 s 10(1) 1.7.2008 s 14(3) substituted by 12/2001 s 5 1.7.2001 substituted by 25/2008 s 10(2) 1.7.2008 s 14(3a) inserted by 12/2001 s 5 1.7.2001 s 14(3b) inserted by 51/2004 s 12(2) 13.1.2005 amended by 25/2008 s 10(3) 1.7.2008 s 14(4) amended by 25/1997 s 9(b) 24.4.1997 Pt 2 Div 5 s 15 s 15(2) and (3) deleted by 38/1995 Sch 2 1.7.1995 s 15(4) substituted by 69/1992 s 24 10.12.1992 amended by 12/2001 s 6 1.7.2001 s 15(4a) inserted by 69/1992 s 24 10.12.1992 Pt 3 s 16 s 16(1) substituted by 46/1994 s 9 as substituted by 57/1994 s 9 21.10.1994 substituted by 25/2008 s 11 1.7.2008 s 16(1a) inserted by 46/1994 s 6 3.5.1994 substituted by 46/1994 s 9 as substituted by 57/1994 s 9 21.10.1994 deleted by 25/2008 s 11 1.7.2008 s 16(1b) inserted by 46/1994 s 6 3.5.1994 deleted by 46/1994 s 9 21.10.1994 s 16(2) amended by 25/2008 Sch 1 1.7.2008 s 17 s 17(1) substituted by 25/2008 s 12(1) 1.7.2008 s 17(1a) inserted by 25/2008 s 12(1) 1.7.2008 s 17(2) amended by 52/1992 s 4(a), (b) 1.6.1990 amended by 16/1998 s 5 23.4.1998 s 17(3) substituted by 52/1992 s 4(c) 1.6.1990 s 17(3a) inserted by 52/1992 s 4(c) 1.6.1990 s 17(5) amended by 25/2008 s 12(2) 1.7.2008 s 17(6) deleted by 25/2008 s 12(3) 1.7.2008 s 18 s 18(3) amended by 25/2008 Sch 1 1.7.2008 Pt 4 before deletion by 25/2008 s 20 s 20(2) amended by 46/1994 s 7(a) 3.5.1994 s 20(3) amended by 46/1994 s 7(b) 3.5.1994 s 21 s 21(1) amended by 12/2001 s 7(a), (b) 1.7.2001 s 21(2) amended by 12/2001 s 7(c), (d) 1.7.2001 s 22 s 22(1) amended by 16/1998 s 6(a) 23.4.1998 s 22(1aa) and (1ab) inserted by 16/1998 s 6(b) 23.4.1998 s 22(1a) inserted by 12/1993 s 4 1.7.1992 amended by 16/1998 s 6(c) 23.4.1998 amended by 21/2003 s 6(a) 17.8.2003 s 22(1b) inserted by 12/1993 s 4 1.7.1992 substituted by 16/1998 s 6(d) 23.4.1998 substituted by 12/2001 s 8(a) 1.7.2001 s 22(1c) inserted by 16/1998 s 6(d) 23.4.1998 substituted by 12/2001 s 8(a) 1.7.2001 s 22(1d) inserted by 16/1998 s 6(d) 23.4.1998 s 22(2) amended by 16/1998 s 6(e) 23.4.1998 amended by 21/2003 s 6(b) 17.8.2003 s 22(3) amended by 12/2001 s 8(b) 1.7.2001 s 22(4) amended by 12/2001 s 8(c) 1.7.2001 s 22(5) amended by 12/2001 s 8(d) 1.7.2001 s 22(6) amended by 25/1997 s 10 24.4.1997 amended by 12/2001 s 8(e), (f) 1.7.2001 s 22(7) substituted by 12/2001 s 8(g) 1.7.2001 s 22(8) substituted by 16/1998 s 6(f) 23.4.1998 s 22(9) inserted by 12/2001 s 8(h) 1.7.2001 s 23 s 23(2) amended by 12/2001 s 9 1.7.2001 s 25 s 25(2) amended by 12/2001 s 10(a), (b) 1.7.2001 s 25(3) amended by 12/2001 s 10(c) 1.7.2001 s 25(3a) inserted by 12/2001 s 10(d) 1.7.2001 s 25(4) amended by 55/1998 Sch 3 (cl 2) 1.7.1999 s 25(5) amended by 7/1997 s 4 3.4.1997 amended by 55/1998 Sch 3 (cl 2) 1.7.1999 s 25(7) substituted by 55/1998 Sch 3 (cl 2) 1.7.1999 s 26 s 26(1) amended by 12/1993 s 5(a), (b) 1.7.1992 s 26(2) amended by 12/2001 s 11(a), (b) 1.7.2001 s 26(2a) inserted by 49/2003 s 10 18.12.2003 s 26(5) substituted by 12/1993 s 5(c) 1.7.1992 amended by 12/2001 s 11(c) 1.7.2001 s 26(5a) inserted by 12/2001 s 11(d) 1.7.2001 s 26(6) substituted by 12/1993 s 5(c) 1.7.1992 amended by 12/2001 s 11(e)—(g) 1.7.2001 ss 26A—26C inserted by 37/2004 s 5 19.8.2004 Pt 4 deleted by 25/2008 s 13 1.7.2008 Pt 5 heading amended by 25/2008 s 14 1.7.2008 s 27 s 27(1) deleted by 25/2008 s 15(1) 1.7.2008 s 27(2) amended by 25/2008 s 15(2), Sch 1 1.7.2008 s 27(3) deleted by 25/2008 s 15(3) 1.7.2008 s 28 s 28(1) amended by 12/2001 s 12(a) 1.7.2001 s 28(1a) inserted by 12/2001 s 12(b) 1.7.2001 s 28(3) amended by 12/2001 s 12(c), (d) 1.7.2001 s 29 s 29(1) amended by 12/2001 s 13(a) 1.7.2001 amended by 25/2008 Sch 1 1.7.2008 s 29(2a) inserted by 12/2001 s 13(b) 1.7.2001 s 30 s 30(1) amended by 12/2001 s 14 1.7.2001 s 30(2) amended by 25/2008 Sch 1 1.7.2008 s 31 s 31(1) amended by 25/2008 s 16 1.7.2008 s 31(2) amended by 12/2001 s 15(a) 1.7.2001 amended by 25/2008 Sch 1 1.7.2008 s 31(4) amended by 12/2001 s 15(b) 1.7.2001 s 31(4a) inserted by 12/2001 s 15(c) 1.7.2001 s 31(5) amended by 55/1998 Sch 3 (cl 2) 1.7.1999 amended by 25/2008 Sch 1 1.7.2008 s 31(6) amended by 55/1998 Sch 3 (cl 2) 1.7.1999 amended by 7/1997 s 5 3.4.1997 amended by 25/2008 Sch 1 1.7.2008 s 31(7) amended by 25/2008 Sch 1 1.7.2008 s 31(8) substituted by 55/1998 Sch 3 (cl 2) 1.7.1999 s 32 s 32(1) amended by 52/1992 s 5 1.6.1990 amended by 16/1998 s 7(a) 23.4.1998 amended by 12/2001 s 16(a) 1.7.2001 amended by 43/2006 s 176(1) 1.6.2007 s 32(1aa) inserted by 16/1998 s 7(b) 23.4.1998 amended by 13/2003 s 8 3.7.2003 deleted by 43/2006 s 176(2) 1.6.2007 s 32(1ab) inserted by 12/2001 s 16(b) 1.7.2001 s 32(1a) inserted by 7/1997 s 6(a) 1.7.1996 s 32(1b) inserted by 49/2003 s 11 18.12.2003 s 32(4) amended by 16/1998 s 7(c) 23.4.1998 s 32(5) amended by 7/1997 s 6(b) 1.7.1996 s 32(6) inserted by 7/1997 s 6(c) 1.7.1996 s 33 substituted by 12/1993 s 6 1.7.1992 s 33(1) amended by 12/2001 s 17(a) 1.7.2001 s 33(2) amended by 12/2001 s 17(b) 1.7.2001 s 33(3) inserted by 12/2001 s 17(c) 1.7.2001 s 34 s 34(1aa) and (1ab) inserted by 16/1998 s 8(a) 23.4.1998 s 34(1a) inserted by 12/1993 s 7 1.7.1992 amended by 16/1998 s 8(b) 23.4.1998 amended by 21/2003 s 7(a) 17.8.2003 (a) deleted by 25/2008 s 17(1) 1.7.2008 amended by 25/2008 s 17(2), (3) 1.7.2008 amended by 27/2009 Sch 1 cl 4 1.8.2009 s 34(1b) inserted by 12/1993 s 7 1.7.1992 substituted by 16/1998 s 8(c) 23.4.1998 substituted by 12/2001 s 18(a) 1.7.2001 amended by 25/2008 s 17(4), Sch 1 1.7.2008 s 34(1c) inserted by 16/1998 s 8(c) 23.4.1998 substituted by 12/2001 s 18(a) 1.7.2001 substituted by 25/2008 s 17(5) 1.7.2008 s 34(1d) inserted by 16/1998 s 8(c) 23.4.1998 deleted by 25/2008 s 17(5) 1.7.2008 s 34(2) amended by 16/1998 s 8(d) 23.4.1998 amended by 21/2003 s 7(b) 17.8.2003 s 34(3) amended by 12/2001 s 18(b) 1.7.2001 s 34(3a) inserted by 12/2001 s 18(c) 1.7.2001 s 34(4) amended by 16/1998 s 8(e) 23.4.1998 substituted by 12/2001 s 18(d) 1.7.2001 amended by 21/2003 s 7(c) 17.8.2003 s 34(5) amended by 12/2001 s 18(e) 1.7.2001 s 34(6) substituted by 12/2001 s 18(f) 1.7.2001 s 34(8a)—(8c) inserted by 12/2001 s 18(g) 1.7.2001 s 34(11) inserted by 52/1992 s 6 29.10.1992 substituted by 16/1998 s 8(f) 23.4.1998 s 34(12) inserted by 12/2001 s 18(h) 1.7.2001 s 35A inserted by 23/1999 s 5 1.4.1999 s 35A(2) amended by 37/2004 s 6(1) 19.8.2004 s 35A(3) amended by 37/2004 s 6(2) 19.8.2004 s 35A(4) amended by 37/2004 s 6(3) 19.8.2004 s 35A(8) deleted by 37/2004 s 6(4) 19.8.2004 s 35B inserted by 18/2014 s 4 20.11.2014 s 37 s 37(1) amended by 52/1992 s 7(a)—(c) 29.10.1992 amended by 25/2008 Sch 1 1.7.2008 s 37(1a) inserted by 52/1992 s 7(d) 29.10.1992 amended by 25/2008 Sch 1 1.7.2008 s 38 substituted by 52/1992 s 8 29.10.1992 s 38A inserted by 12/2001 s 19 1.7.2001 Pt 5A before deletion by 25/2008 inserted by 12/2001 s 20 1.7.2001 heading substituted by 37/2004 s 7 19.8.2004 substituted by 51/2004 s 13 13.1.2005 Pt 5A Div 1 heading inserted by 37/2004 s 7 19.8.2004 s 38D s 38D(3) amended by 37/2004 s 8 19.8.2004 Pt 5A Div 2 inserted by 37/2004 s 9 19.8.2004 heading substituted by 51/2004 s 14 13.1.2005 s 38EB s 38EB(1) substituted by 51/2004 s 15(1) 13.1.2005 s 38EB(2a) inserted by 51/2004 s 15(2) 13.1.2005 s 38EB(3) amended by 51/2004 s 15(3) 13.1.2005 s 38EB(4) amended by 51/2004 s 15(4) 13.1.2005 s 38EB(6) amended by 51/2004 s 15(5) 13.1.2005 s 38EB(8) amended by 51/2004 s 15(6) 13.1.2005 s 38EBA inserted by 51/2004 s 16 13.1.2005 Pt 5A Div 3 inserted by 37/2004 s 9 19.8.2004 Pt 5A deleted by 25/2008 s 18 1.7.2008 Pt 5B inserted by 49/2003 s 12 18.12.2003 Pt 5B Div 1 heading deleted by 25/2008 s 19 1.7.2008 s 38G Southern State Superannuation Fund amended by 27/2009 Sch 1 cl 5 1.8.2009 s 38J s 38J(2) amended by 51/2004 s 17(1), (2) 13.1.2005 amended by 25/2008 s 20 1.7.2008 s 38K substituted by 51/2004 s 18 13.1.2005 Pt 5B Div 2 deleted by 25/2008 s 21 1.7.2008 Pt 5B Div 3 heading deleted by 25/2008 s 22 1.7.2008 s 38O deleted by 25/2008 s 23 1.7.2008 Pt 5B Div 4 heading deleted by 25/2008 s 24 1.7.2008 Pt 6 s 39 s 39(1) amended by 16/1998 s 9(a) 23.4.1998 amended by 4/2000 s 9(1) (Sch 1 cl 33(a)) 1.6.2000 substituted by 51/2017 s 205(1) 5.7.2018 s 39(2) amended by 16/1998 s 9(b) 23.4.1998 deleted by 4/2000 s 9(1) (Sch 1 cl 33(b)) 1.6.2000 inserted by 51/2017 s 205(1) 5.7.2018 s 39(3) deleted by 4/2000 s 9(1) (Sch 1 cl 33(c)) 1.6.2000 s 39(4) inserted by 16/1998 s 9(c) 23.4.1998 amended by 4/2000 s 9(1) (Sch 1 cl 33(d)) 1.6.2000 amended by 51/2017 s 205(2) 5.7.2018 s 40 s 40(1) amended by 12/2001 s 21(a)—(c) 1.7.2001 amended by 37/2004 s 10(1)—(6) 19.8.2004 (e) deleted by 37/2004 s 10(3) 19.8.2004 s 40(1a) inserted by 12/2001 s 21(d) 1.7.2001 amended by 37/2004 s 10(7) 19.8.2004 s 40(2) amended by 12/2001 s 21(e) 1.7.2001 s 40(4) substituted by 16/1998 s 10 23.4.1998 amended by 37/2004 s 10(8) 19.8.2004 s 40(6) inserted by 37/2004 s 10(9) 19.8.2004 s 42 s 42(1) substituted by 20/1998 s 6(a) 1.10.1997 substituted by 40/2001 s 8(a) 1.1.2002 s 42(2) amended by 20/1998 s 6(b) 1.10.1997 substituted by 40/2001 s 8(a) 1.1.2002 s 42(3) inserted by 20/1998 s 6(c) 1.10.1997 amended by 40/2001 s 8(b) 1.1.2002 s 42(4) inserted by 20/1998 s 6(c) 1.10.1997 amended by 40/2001 s 8(c), (d) 1.1.2002 s 42(5) inserted by 20/1998 s 6(c) 1.10.1997 substituted by 40/2001 s 8(e) 1.1.2002 s 42A inserted by 12/2001 s 22 1.7.2001 s 42B inserted by 12/2001 s 22 1.7.2001 deleted by 37/2004 s 11 19.8.2004 s 43 s 43(1) amended by 12/2001 s 23(a) 1.7.2001 s 43(2) substituted by 12/2001 s 23(b) 1.7.2001 s 43(3) and (4) inserted by 12/2001 s 23(b) 1.7.2001 s 45A inserted by 52/1992 s 9 29.10.1992 s 45B inserted by 37/2012 s 12 15.6.2014 s 46A inserted by 12/2001 s 24 1.7.2001 s 47 deleted by 25/2008 s 25 1.7.2008 s 47A inserted by 12/2001 s 25 1.7.2001 deleted by 25/2008 s 25 1.7.2008 s 48 s 48(1) amended by 37/2004 s 12(1) 19.8.2004 s 48(7) and (8) inserted by 37/2004 s 12(2) 19.8.2004 s 49 s 49(1) amended by 38/1995 Sch 2 1.7.1995 amended by 16/1998 s 11 23.4.1998 amended by 25/2008 s 26 1.7.2008 amended by 51/2017 s 206 5.7.2018 s 49(1a) inserted by 49/2003 s 13 18.12.2003 s 50 substituted by 12/1993 s 8 1.7.1992 s 50(1) s 50 amended and redesignated as s 50(1) by 25/2008 s 27(1)—(3) 1.7.2008 s 50(2)—(5) inserted by 25/2008 s 27(3) 1.7.2008 s 52 s 52(3) inserted by 49/2003 s 14 18.12.2003 substituted by 18/2014 s 5 20.11.2014 Sch 1 cl A1 inserted by 25/2008 s 28(1) 1.7.2008 cl 2A inserted by 7/1997 s 7 1.7.1996 cl 4 amended by 25/2008 Sch 1 1.7.2008 cl 6 cl 6(2) amended by 25/1997 s 11 24.4.1997 cl 8 inserted by 52/1992 s 10 1.6.1990 cl 9 inserted by 60/1992 Sch 2 18.3.1993 amended by 25/2008 Sch 1 1.7.2008 cl 10 inserted by 16/1998 s 12 23.4.1998 deleted by 25/2008 s 28(2) 1.7.2008 cl 11 inserted by 51/2004 s 19 3.7.2003 Sch 2 deleted by 25/2008 s 29 1.7.2008 Sch 4 omitted under Legislation Revision and Publication Act 2002 3.7.2003
Transitional etc provisions associated with Act or amendments
Statutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003, Sch 1
1—Interpretation
In this Schedule—
relevant Act means an Act amended by this Act;
relevant authority means—
(a)the Police Superannuation Board; or
(b)the South Australian Parliamentary Superannuation Board; or
(c)the South Australian Superannuation Board; or
(d)the Treasurer.
2—Prior action
Any step taken by a relevant authority before a section of this Act is brought into operation that corresponds to a step that may be taken by the relevant authority under a relevant Act after this Act is brought into operation will be taken to be valid and effectual for the purposes of a relevant Act as if it had been taken after the commencement of this Act.
3—Instruments
Any splitting instrument, or other instrument, lodged with a relevant authority before the commencement of this Act may take effect for the purposes of a relevant Act after the commencement of this Act.
4—Other matters
The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.
A provision of a regulation under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from an earlier day, but not before 28 December 2002.
To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—
(a)decreasing the person's rights; or
(b)imposing liabilities on the person.
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment effected by this Act.
Statutes Amendment (Miscellaneous Superannuation Measures No 2) Act 2004, Sch 1
1—Transitional provision
A regulation made for the purposes of the definition of salary that is being inserted into section 4(1) of the Police Superannuation Act 1990 by section 10(3) of this Act may, if the regulation so provides, take effect from 1 July 1999 or from a later day.
Statutes Amendment (Domestic Partners) Act 2006
177—Transitional provision
An amendment made by a provision of this Act to a provision of the Police Superannuation Act 1990 that relates to the payment of a pension, lump sum or other benefit to a person on the death of a contributor applies only if the death occurs after the commencement of the amendment.
Statutes Amendment (SACAT No 2) Act 2017, Pt 37
207—Transitional provisions
A declaration of the District Court under section 4A of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a determination of the Tribunal.
A reference in section 4B of the principal Act to an application under section 4A of the principal Act will, on and from the relevant day, be taken to include a reference to an application under section 4A made before the relevant day.
A right of appeal under section 39 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.
Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.
In this section—
principal Act means the Police Superannuation Act 1990;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
Historical versions
| Retrospective amendments not included in Reprints 11—18 (see s 2(2) of 51/2004) |
| Retrospective amendment not included in Reprints 16—18 (see s 2(3) of 51/2004) |
| Reprint No 1—29.10.1992 |
| Reprint No 2—10.12.1992 |
| Reprint No 3—25.3.1993 |
| Reprint No 4—9.6.1994 |
| Reprint No 5—21.10.1994 |
| Reprint No 6—1.7.1995 |
| Reprint No 7—20.3.1997 |
| Reprint No 8—24.4.1997 |
| Reprint No 9—23.4.1998 |
| Reprint No 10—1.4.1999 |
| Reprint No 11—1.7.1999 |
| Reprint No 12—26.8.1999 |
| Reprint No 13—1.6.2000 |
| Reprint No 14—1.7.2001 |
| Reprint No 15—1.1.2002 |
| Reprint No 16—3.7.2003 |
| Reprint No 17—17.8.2003 |
| Reprint No 18—18.12.2003 |
| 19.8.2004 |
| 13.1.2005 |
| 1.6.2007 |
| 1.7.2008 |
| 1.8.2009 |
| 15.6.2014 |
| 20.11.2014 |
| 27.8.2015 |
| 1.8.2017 |
| 5.7.2018 |
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