Southern State Superannuation Act 1994 (SA)

South Australia

Southern State Superannuation Act 1994

An Act to provide a contributory superannuation scheme for persons employed in the public sector; and for other purposes.

Contents

Part 1—Preliminary

Short title
Interpretation

3APutative spouses
3BRestriction on publication of court proceedings

Part 2—Administration

Division 1—The Southern State Superannuation Fund

The Fund
Investment of the Fund

Division 2—Members' contribution accounts, rollover accounts and co‑contribution accounts

Contribution, co-contribution and rollover accounts

7AAccretions to members' accounts
7BRollover of money from other funds or schemes

Other accounts to be kept by Board

Division 3—The Southern State Superannuation (Employers) Fund

The Southern State Superannuation (Employers) Fund
Accounts and audit
Determination of rate of return

Division 4—Payment of benefits

Payment of benefits

Division 5—Reports

Reports

13AReport as to cost of invalidity/death insurance benefits

Part 3—Membership, invalidity/death insurance and contributions

Division 1—Membership of the scheme

Membership
Election by contributor to the State Scheme

15AContributors to State Scheme
15BSalary sacrifice by members of certain schemes
15CSalary sacrifice by members of Police Superannuation Scheme

Duration of membership

Division 2—Invalidity/death insurance

Interpretation
Basic invalidity/death insurance
Application for voluntary invalidity/death insurance
Variation of voluntary insurance

23AVoluntary invalidity/death insurance—prescribed members
23BVariation of voluntary insurance—prescribed members

Amount of invalidity/death insurance benefits and amount of premiums

24AVoluntary suspension of invalidity/death insurance

Division 3—Contributions by members

Contributions

25AOther contributions

Division 4—Payments by employers

Payments by employers

Part 3A—Spouse members

Division 1—Preliminary

26AInterpretation

Division 2—Spouse members

26BSpouse contributions splitting
26COther contributions for spouse members
26DSpouse members and spouse accounts
26EAccretions to spouse members' accounts
26FAmalgamation of accounts

Division 3—Voluntary death insurance

26GVoluntary death insurance
26HVariation of voluntary death insurance
26IAmount of death insurance benefits and amount of premiums

Division 4—Payment of benefits

26JBenefits for spouse members

Part 4—The employer component of benefits

Employer contribution accounts

Part 5—Superannuation benefits

Interpretation

30ATransition to retirement
30BEarly access to superannuation benefits

Retirement
Resignation
Retrenchment

33ADisability pension

Termination of employment on invalidity
Death of member

35AACommutation to pay deferred superannuation contributions surcharge—member
35AABCommutation to pay deferred superannuation contributions surcharge following death of member
35AACWithheld amount

Part 5A—Family Law Act provisions

35APurpose of this Part
35BInterpretation
35CNon-member spouse entitlement
35DPayment of lump sum
35EEffect on member's entitlements
35FLump sum not payable to spouse on death of member if split has occurred
35GBoard to comply with Commonwealth requirements
35HProvision of information
35IPayment from contribution account in name of non-member spouse
35JFees

Part 6—Miscellaneous

Information to be given to certain members
Employer benefits and contributions where member on leave without pay
Exclusion of benefits under awards etc
Police Occupational Superannuation Scheme
Review of the Board's decision
Power to obtain information
Delegation by Board
Division of benefit where deceased member or spouse member is survived by lawful and putative spouse
Payment in case of death
Payments in foreign currency
Rounding off of benefits
Liabilities may be set off against benefits

47AConfidentiality
47BPost retirement investment
47BAPost retirement invalidity/death insurance
47CAnnuities

Resolution of difficulties
Regulations

Schedule 1

Schedule 2

Schedule 3—Transitional provisions

Part 1—General provisions

Operation of amendments made by Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003

Part 2—Provisions relating to Statutes Amendment (Police Superannuation) Act 2008

Interpretation
Accounts for certain police officers
Police officers in receipt of disability pension
Children in receipt of pension
Accounts for certain contributors to Police Superannuation Scheme
Amounts preserved for certain contributors to Police Superannuation Scheme
Balances of accounts
Investment of transferred money
Administration costs associated with transition
Other provisions

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary
1—Short title
This Act may be cited as the Southern State Superannuation Act 1994.
3—Interpretation

In this Act, unless the contrary intention appears—
actuary means a Fellow or Accredited Member of the Institute of Actuaries of Australia;
basic invalidity/death insurance means invalidity/death insurance to which a member is entitled by virtue of his or her membership of the scheme;
basic invalidity/death insurance benefits means benefits payable in respect of basic invalidity/death insurance;
the Benefit Scheme means the scheme of superannuation established by the Superannuation (Benefit Scheme) Act 1992;
the Board means the South Australian Superannuation Board continued in existence by the Superannuation Act 1988;
charge percentage means—
(a)in the case of a member whose conditions of employment are specified in a contract negotiated between the member and his or her employer and which includes an agreement between the member and the employer as to the value of the charge percentage—the number representing that value;
(ab)in the case of a person referred to in subsection (4), (5) or (6) of section 14—the charge percentage fixed by or under subsection (4), (5) or (7) of that section;
(ac)in the case of a visiting medical officer—a percentage determined by reference to and in accordance with the Department of Human Services Visiting Medical Specialist (VMS) Agreement 2001 (or its successor);
(b)in the case of a member who is not a member referred to in paragraph (a), (ab) or (ac) but who is making contributions under Part 3 Division 3 at a rate of at least 4.5 per cent—the percentage set out in Schedule 2 or the charge percentage applicable under the Commonwealth Act to the employer of the member, whichever is the greater;
(c)in any other case—the percentage set out in Schedule 1 or the charge percentage applicable under the Commonwealth Act to the employer of the member in relation to whom the term is used, whichever is the greater;
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 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);
contributions means contributions made under section 25, section 25A or section 26C;
deferred superannuation contributions surcharge in relation to a member means the amount that the member is liable to pay the Commissioner of Taxation under section 15(6) of the Superannuation Contributions Tax Act;
employer contribution account in relation to a member means the account maintained by the Board under Part 4 in the name of the member;
employing authority in relation to a member means—
(a)the chief executive to whom the member is answerable on matters relating to his or her employment;
(b)if there is no chief executive—the authority, body or person to whom the member is answerable;
employment to which this Act applies or employment means employment by virtue of which the person employed—
(a)is a member of the Triple S scheme; or
(b)was a member of the Benefit Scheme; or
(c)in the case of a member of the State Scheme who elects to become a member of the Southern State Superannuation Scheme or who is a member of the Southern State Superannuation Scheme solely by virtue of being a person in respect of whom a co‑contribution has been paid to the Board—was entitled to apply for acceptance as a contributor to the State Scheme;
the Fund means the Southern State Superannuation Fund established by this Act;
invalidity means physical or mental incapacity to carry out the duties of employment;
invalidity/death insurance benefits means basic or voluntary invalidity/death insurance benefits;
member means a member (other than a spouse member) of the Southern State Superannuation Scheme established by this Act;
member's contribution account in relation to a member means the contribution account (if any) maintained by the Board under Part 2 Division 2 in the name of the member;
monetary salary means salary of a kind other than non-monetary salary;
non-monetary salary, in relation to a member, means remuneration in any form resulting from the sacrifice by the member of part of his or her salary;
notional salary in relation to a member who is entitled to a disability pension means the salary that the member would be receiving if he or she had not become incapacitated and had continued in active employment in the same position and at the same grade as were applicable immediately before the commencement of his or her incapacity and, if the member was not then in full-time employment, the notional salary will be calculated on the basis of the member's average hours of employment (excluding overtime) over the period (not exceeding the last three years) of his or her employment;
police cadet means a person appointed under the Police Act 1998 to be a police cadet;
police member means a police officer or police cadet who is a member of the scheme other than by virtue of section 14(10a) or 15C;
Police Superannuation Scheme means the scheme of superannuation established by the Police Superannuation Act 1990;
preservation age has the same meaning as in Part 6 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth under the SIS Act;
the PSESS Scheme means the superannuation scheme known as the Public Sector Employees Superannuation Scheme established pursuant to a deed of arrangement dated 27 September 1989 between the Treasurer and the secretary of the United Trades and Labor Council;
putative spouse—see section 3A;
retirement age means—
(a)in the case of a member who is a police officer—the age of 50 years; and
(b)in the case of any other member or a spouse member—the age of 55 years;
retrenchment in relation to a member means the termination of the member's employment by his or her employer for any reason except on account of—
(a)invalidity in the circumstances referred to in section 34(7) or (8); or
(b)the unsatisfactory performance by the member of his or her duties (including the member's failure to meet performance standards); or
(c)the loss by the member of a qualification that is necessary for the proper performance of his or her duties; or
(d)the member's bankruptcy or insolvency; or
(e)the fact that the member has engaged in remunerative employment or an occupation or business outside the duties of his or her position; or
(f)any other conduct that justifies termination of the member's employment;
rollover account means an account established and maintained by the Board as a rollover account in accordance with the requirements of this Act;
salary in relation to a member includes all forms of remuneration (including non‑monetary salary) received by the member except—
(b)remuneration related to overtime (other than remuneration related to overtime that is paid by way of an annual allowance);
(c)an amount paid in lieu of recreation leave, long service leave or any other kind of leave;
(d)an amount paid to the member as a consequence of the termination of the member's employment;
the SIS Act means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;
the Southern State Superannuation Scheme or the scheme means the scheme of superannuation established by this Act;
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;
spouse account means—
(a)a contribution account; or
(b)a rollover account; or
(c)a co-contribution account,
established and maintained by the Board for the benefit of a spouse member in accordance with the requirements of this Act;
spouse member means a spouse member of the Southern State Superannuation Scheme—see section 26D;
the State Scheme means the scheme of superannuation established by the Superannuation Act 1988;
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;
teaching hospital means the Royal Adelaide Hospital, the North Western Adelaide Health Service, the Flinders Medical Centre, the Repatriation General Hospital, the Women's and Children's Hospital or Noarlunga Health Services;
the Triple S scheme means the Southern State Superannuation Scheme established by this Act;
visiting medical officer means a person appointed as a senior visiting medical specialist or a visiting medical specialist by the Department of Human Services or by a teaching hospital, the Institute of Medical and Veterinary Science or by any other hospital or health centre incorporated under the South Australian Health Commission Act 1976 that is declared by proclamation to be a hospital or health centre in relation to which this definition applies;
voluntary invalidity/death insurance means invalidity/death insurance granted by the Board under section 22;
voluntary invalidity/death insurance benefits means benefits payable in respect of voluntary invalidity/death insurance.
Where a member and his or her employer enter into an agreement as to the value of the charge percentage, the employing authority must give the Board written notice of the agreement.
For the purposes of determining the amount of salary received by a member who is in receipt of non-monetary salary, the value of the non-monetary salary will be taken to be the amount of salary sacrificed by the member in order to receive the non-monetary salary.
References in this Act to resignation from, or termination of, employment will be read subject to the qualification that resignation from a particular position so that the member can take up some other position in employment to which this Act applies, or so that he or she can take up employment in the same position but on a different basis, will be ignored unless there is an interval of more than one month between the time the resignation or termination of employment takes effect and the commencement of the new employment.

(4a)Where a member is employed—
(a)pursuant to a contract for a fixed term; or
(b)pursuant to an arrangement of the kind referred to in subsection (6); or
(c)on a temporary basis for a particular period or until the occurrence of a particular event,

and the employment is not renewed at the end of the term or period, the member's employment will be taken to have been terminated by retirement or resignation (depending on the member's age).
(4b)Despite subsection (4a), if—
(a)a member is employed pursuant to a contract for a fixed term; and
(b)the member is, within the period of 3 months after the end of the term of the contract, employed under a new contract for a fixed term in the same or similar employment,

then—
(c)the member will, for the purposes of Division 2 of Part 3, be taken to have remained in the relevant employment; and
(d)if the member was making contributions under section 25 immediately before the end of the period of the first contract, the member will, for the purposes of section 33A, be taken to have made contributions from his or her salary under section 25 during the period between the 2 contracts.

Subject to subsections (6) and (7), the following provisions apply for the purposes of this Act to and in relation to a member who is employed on a casual basis pursuant to an arrangement under which he or she is to work for 9 or more hours each week or for periods that average, over a 3 month period, 9 or more hours each week:
(a)subject to this subsection, the member will be taken to remain in employment for a period of 12 months after the last time that he or she performed work for the employer and accordingly—
(i)if the member is incapacitated during that 12 month period, he or she may be entitled to benefits under section 34 on account of invalidity if the Board is satisfied that the member's incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, and for that purpose—
(A)the member's employment will be taken to have been terminated on account of invalidity by the employer on the date of incapacity; and
(B)subsections (7), (8) and (9) of section 34 will not apply; and
(C)the member must, within 6 months after becoming incapacitated to the extent envisaged by this subparagraph, give written notice to the Board claiming that the member is entitled to benefits under section 34; and
(ii)if the member dies during that period his or her spouse or estate will be entitled to benefits under this Act;
(b)at the expiration of that period of 12 months the member's employment will be taken to have been terminated (if not terminated by invalidity or death) by retirement or resignation (depending on the member's age).
Subsection (5) does not apply where the member is employed pursuant to an arrangement under which the member is to work for three or more separate periods during a designated period or a period determined by the occurrence of a particular event.
A member may at any time reduce the period of 12 months referred to in subsection (5) by notice in writing to the Board specifying the reduced period.
For the purposes of this Act, an amount of money rolled over for payment into the Fund under the provisions of another Act that operate in conjunction with Part VIIIB of the Family Law Act 1975 of the Commonwealth will, subject to this Act, be taken to be money rolled over from a superannuation scheme to the Triple S scheme.

3A—Putative spouses

For the purposes of this Act, a person is, on a certain date, the putative spouse of another person if—
(a)he or she is, on that date, cohabiting with the other person as his or her wife or husband de facto 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
(b)where the 2 persons are of the same sex—he or she is, on that date, cohabiting with the other person in a relationship that has the distinguishing characteristics of a relationship between a married couple (except for the characteristics of different sex and legally recognised marriage and other characteristics arising from either of those characteristics) and the person—
(i)has been so cohabiting with the other person continuously for the preceding period of 3 years; or
(ii)has during the preceding period of 4 years so cohabited with the other person for periods aggregating not less than 3 years.

A person whose rights depend on whether—
(a)he or she and another person; or
(b)two other persons,
were, on a certain date, putative spouses one of the other may apply to the District Court for a declaration under this section.
If it is proved to the satisfaction of the Court that the persons in relation to whom the declaration under this section is sought did, on the date in question, fulfil the requirements of subsection (1), the Court must make a declaration accordingly.
A declaration may be made under this section—
(a)whether or not one or both of the persons in relation to whom the declaration 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 Court has declared 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.

3B—Restriction on publication of court proceedings

Protected information is information relating to an application under section 3A (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 to 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 the District Court or an employee of the Courts Administration Authority (so long as such publication or disclosure is made in connection with the administrative functions of the Court); 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 the Court; 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 Southern State Superannuation Fund
4—The Fund

The Southern State 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 that purpose periodic contributions reflecting the contributions paid to the Treasurer by members and spouse members with respect to the relevant period.

(4a)Where money is rolled over from another superannuation fund or scheme to the Triple S scheme, 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 that purpose an amount or amounts equivalent to the amount or amounts rolled over.
(4b)The Treasurer must also 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 that purpose the amount of any co‑contributions paid or transferred to the Board on behalf of a member or spouse member (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 following amounts will be paid from the Fund:
(a)administrative costs and other expenses related to the management and investment of the Fund;
(b)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 the Fund as at the end of each financial year.

5—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 2—Members' contribution accounts, rollover accounts and co‑contribution accounts
7—Contribution, co-contribution and rollover accounts

The Board must—
(a)maintain a contribution account in the name of a member of the Triple S scheme who is making or has made contributions to the scheme; and
(b)credit the account with the amount of contributions made by the member; and
(c)debit the account with any payment that is to be charged against the account under this Act.
The Board must—
(a)maintain a rollover account in the name of—
(i)a member of the Triple S scheme for whom an amount of money has been rolled over from another fund or scheme to the Triple S scheme; and
(ii)a member of the Police Superannuation Scheme in respect of whom an amount of money rolled over from another fund or scheme has been accepted by the Police Superannuation Board and paid to the Treasurer under section 13B of the Police Superannuation Act 1990; and
(b)credit the account with the money referred to in paragraph (a); and
(c)debit the account with any payment that is to be charged against the account under this Act.

(2c)The Board must—
(a)maintain a co‑contribution account in the name of—
(i)a member of the Triple S scheme or a member of the State Scheme in respect of whom a co‑contribution has been paid to the Board; and

(ii)a member of the Police Superannuation Scheme in respect of whom the amount of a co‑contribution has been transferred from that scheme to the Board; and

(b)credit the account with the amount of any co‑contribution paid to the Board, or amount transferred to the Board, in respect of the member; and
(c)debit the account with any payment that is to be charged against the account under this Act.

The Board may, in an appropriate case, debit against—
(a)a member's contribution account; or
(b)a member's rollover account; or
(c)a member's co-contribution account,
(or one or more of the above), an administrative charge fixed by the Board.

(3a)However, an administrative charge may not be debited against a member's co‑contribution account if the Board is maintaining a contribution account or a rollover account in the name of the member and the credit balance (if any) of either or both of those accounts is sufficient to pay the administrative charge.

The Board may, for the purposes of subsection (3), fix different charges depending on the balance of members' accounts or any other relevant factor.
Despite a preceding subsection, if a member whose only account in the scheme is a co‑contribution account satisfies the Board that he or she is unlikely to receive any further co‑contributions that will be payable to the Board in respect of the member, the Board may allow the member to carry over the balance of the account to some other superannuation fund or scheme approved by the Board (and when the balance has been carried over by the Board the person will cease to be a member of the Triple S scheme).

7A—Accretions to members' accounts

At the end of each financial year, each member's contribution account, rollover account (if any) and co-contribution account (if any) that has a credit balance will be adjusted to reflect a rate of return determined by the Board in relation to members' accounts for the relevant financial year.
In determining a rate of return for the purposes of subsection (1), the Board should have regard to—
(a)the net rate of return achieved by investment of the Fund over the financial year or, where a member has made a nomination under subsection (3), the net rate of return achieved by the class of investments, or the combination of classes of investments, nominated by the member; and
(b)the desirability of reducing undue fluctuations in the rate of return on members' accounts.
Where the Fund is invested in different classes of investments, the Board may, with the agreement of the Superannuation Funds Management Corporation of South Australia, permit members, on such terms and conditions as it thinks fit, to nominate the class of investments, or the combination of classes of investments, for the purpose of determining the rate of return under this section.
A member cannot nominate a class of investments, or a combination of classes of investments, under subsection (3) if he or she does not at the same time nominate the same class or combination of classes of investments under section 27(4) (but this requirement does not apply if the member only has a co‑contribution account).
Where, in pursuance of subsection (2)(b), the Board determines a rate of return that is at variance with the net rate of return achieved by investment 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 member'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.
A balance determined under subsection (6) will not be adjusted when a rate of return is subsequently determined under subsection (1).
A reference in this section to rate of return is a reference to a positive or a negative rate of return.

7B—Rollover of money from other funds or schemes
Money that is rolled over to the Triple S scheme from another superannuation fund or scheme must be paid to the Treasurer.
8—Other accounts to be kept by Board

The Board must, in respect of each financial year—
(a)maintain proper accounts of—
(i)receipts of members' contributions and spouse members' contributions paid under this Act; and
(ii)payments to, on behalf of, or in respect of, members and spouse members; and
(iii)payments made from members' contribution accounts to spouse accounts; and
(iv)amounts transferred from spouse accounts to other accounts under section 26F; and
(b)prepare financial statements in relation to those receipts, payments and transfers.

(1a)The financial statements must set out the aggregate of the amounts debited against spouse member accounts under section 26I in respect of premiums for death insurance.

The Auditor-General may at any time, and must at least once in each year—
(a)audit the accounts and financial statements referred to in subsection (1); and
(b)audit the other accounts to be maintained by the Board under this Act.

Division 3—The Southern State Superannuation (Employers) Fund
9—The Southern State Superannuation (Employers) Fund

The Treasurer must establish a fund to be named the Southern State Superannuation (Employers) Fund.
The following amounts will be credited to the fund:
(a)payments to the Treasurer by employers under Part 3 Division 4;
(aaa)payments to the Treasurer by or on behalf of employers under section 15B or 15C(2);
(b)all interest and accretions arising from investment of the fund.
The following amounts will be paid from the fund:
(a)the reimbursement of the Consolidated Account or a special deposit account in respect of the employer component of benefits payable under this Act or of invalidity/death insurance benefits payable under this Act;
(b)the administrative costs and other expenses of or relating to the administration of this Act (including the costs and expenses of or relating to the investment of the fund itself);
(c)the reimbursement of the Treasurer for an amount (if any) paid (whether before or after the commencement of this paragraph) by the Treasurer for a purpose referred to in paragraph (b) together with interest on that amount fixed by the Treasurer.

10—Accounts and audit

The Treasurer must keep proper accounts of receipts and payments in relation to the fund and must, in respect of each financial year, prepare financial statements in relation to the fund.

(1a)The financial statements must set out the aggregate of the amounts debited against employer contribution accounts under section 27(7)(b) in respect of premiums for invalidity/death insurance.

The Auditor-General may at any time, and must at least once in each year, audit the accounts of the fund and the financial statements.

11—Determination of rate of return

At the end of each financial year the Board must determine a rate of return on investment of the fund in respect of that financial year and, where a member or members have nominated a class of investments, or combination of classes of investments, under section 27(4), a rate of return on investments of that class or combination of classes.
In determining a rate of return for the purposes of subsection (1), the Board should have regard to—
(a)the net rate of return achieved by investment of the fund over the financial year and, where a member or members have nominated a class of investments, or combination of classes of investments, the net rate of return achieved by the class of investments, or combination of classes of investments, nominated by the member; and
(b)the desirability of reducing undue fluctuations in the rate of return on the fund.
Where, in pursuance of subsection (2)(b), the Board determines a rate of return that is at variance with the net rate of return achieved by investment of the fund, the Board must include its reasons for the determination in its report for the relevant financial year.

Division 4—Payment of benefits
12—Payment of benefits

A payment to be made under this Act to or on behalf of a member or to any other person who has an entitlement to the payment of a benefit or other amount with respect to a superannuation interest, 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.
If the payment includes an employee component, a rollover component or a co‑contribution component, 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.
If the payment includes an employer component or an invalidity/death insurance benefit, the Consolidated Account or special deposit account is to be reimbursed with the amount of that component or benefit by charging it against the Southern State Superannuation (Employers) Fund.
Where, on the invalidity or death of a member who was a police officer, an amount greater than the aggregate of the employee and employer components and an invalidity/death insurance benefit (if any) is payable by way of benefits under section 34(6) or 35(7) to or in respect of the member, the amount payable will be taken, for the purposes of this section, to include the employee and employer components and the invalidity/death insurance benefit (if any).

Division 5—Reports
13—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 report must include—
(a)a copy of the financial statements prepared by the Board in relation to receipts of members' contributions and spouse members' contributions, and relating to payments to, on behalf of, or in relation to, members and spouse members; and
(b)the audited accounts and statements of the Southern State Superannuation (Employers) Fund.
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.

13A—Report as to cost of invalidity/death insurance benefits

The Minister must obtain a report within 12 months after 30 June 2001 and thereafter within 12 months after the end of each triennium following that date.
Each report must report on the cost of invalidity and death insurance benefits (including benefits under sections 26G and 47BA) at the time of the report and in the foreseeable future and 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—Membership, invalidity/death insurance and contributions
Division 1—Membership of the scheme
14—Membership

Subject to this section, a person in relation to whom the Crown, or an agency or instrumentality of the Crown, is liable to pay a superannuation guarantee charge under the Commonwealth Act is a member of the Southern State Superannuation Scheme.
Subject to this section, a person who was a member of the Benefit Scheme immediately before the repeal of the Superannuation (Benefit Scheme) Act 1992 is a member of the Triple S scheme.

(2a)A person who was a new scheme contributor within the meaning of the Police Superannuation Act 1990 immediately before the repeal of Part 4 of that Act by the Statutes Amendment (Police Superannuation) Act 2008 is a member of the Triple S scheme.

Subject to subsections (4), (5) and (6) the following persons are not members of the scheme:
(a)a person who is a member of a scheme of superannuation established by or under some other Act;
(b)a person who is a member of a scheme of superannuation established for the benefit of the employees of an agency or instrumentality of the Crown (not being a scheme referred to in paragraph (a));
(c)a person employed pursuant to a fixed term contract that—
(i)requires the employer to provide for or contribute towards benefits for the employee in a scheme of superannuation other than the Triple S scheme; and
(ii)does not expressly state that the provision or contribution by the employer referred to in subparagraph (i) is in addition to the employee's membership of the Triple S scheme;
(d)a person whose earnings from employment to which this Act applies are less than the amount prescribed by regulation during the period prescribed by regulation for that purpose;
(e)the employees of an agency or instrumentality of the Crown that has been excluded from the operation of this section by regulation;
(f)a person employed in employment prescribed by regulation for the purposes of this paragraph.
A member of—
(a)the State Scheme or of any other scheme established by or under an Act; or
(b)a scheme of superannuation established for the benefit of employees of an agency or instrumentality of the Crown,
becomes a member of the Triple S scheme whenever an entitlement to benefits needs to accrue to the member under the Triple S scheme to satisfy the requirements of the Commonwealth Act and, in that event, the amount of the charge percentage in respect of the member for the purposes of this Act will be—
(c)the amount declared by regulation for that purpose; or
(d)if no amount has been declared under paragraph (c)—the amount required to reduce the charge percentage under the Commonwealth Act in respect of the member to zero.

Where the employer contributions pursuant to a contract referred to in subsection (3)(c) are not sufficient to reduce the charge percentage under the Commonwealth Act to zero—
(a)the employee is a member of the Triple S scheme; and
(b)the amount of the charge percentage in respect of that employee for the purposes of this Act is the amount required to reduce the charge percentage under the Commonwealth Act to zero.
The Governor may, by regulation, declare the members of a scheme of superannuation established by or under some other Act or established for the benefit of employees of an agency or instrumentality of the Crown to be members of the Triple S scheme in order to provide them with superannuation benefits in place of benefits that would have accrued to them under the PSESS Scheme if that scheme had continued for their benefit after 30 June 1992.
The amount of the charge percentage in respect of members referred to in subsection (6) will be fixed by regulation.
A regulation for the purposes of subsection (4) or (7) may be retrospective to 1 July 1998.
A person who has made an election under section 15B(1) or 15C(1), or is taken to have made an election under section 15C(1), is a member of the Triple S scheme.
If—
(a)a person who is not a member of the Triple S scheme has an entitlement to a lump sum under Part 5A of this Act or under the provisions of another Act that correspond to that Part; and
(b)that entitlement is to be retained in the Fund, or rolled over for payment into the Fund (as the case may be),
then that person becomes a member of the Triple S scheme by force of this subsection.

(10a)If a co‑contribution or benefit rolled over from another superannuation fund or scheme is paid to the Board for a person who is a member of the State Scheme or the Police Superannuation Scheme but not, at the time of the payment, a member of the Triple S scheme, the person becomes a member of the Triple S scheme by virtue of this subsection when the payment is received by the Board.

The Governor may, by regulation, make any provision in connection with the operation of subsection (10) or (10a), including by providing that a specified provision of this Act does not apply to a person who becomes a member of the Triple S scheme by virtue of either of those subsections, or applies to such a person subject to any modification prescribed by the regulations.

15—Election by contributor to the State Scheme

A contributor within the meaning of the Superannuation Act 1988 may elect to become a member of the Southern State Superannuation Scheme if the employment on which his or her status as such a contributor is based has not terminated.
An election takes effect on a date fixed by the Board being a date occurring within two months after the election was made.
For the purposes of the Superannuation Act 1988, a contributor who has made an election under subsection (1) will be taken—
(a)to have resigned from employment and to have preserved his or her accrued superannuation benefits (whether he or she has reached the age of 55 years or not); and
(b)not to reach the age of 55 years until he or she reaches that age and ceases to be employed in employment to which that Act applies.
An election under this section—
(a)must be made in writing to the Board; and
(b)may specify the rate (if any) at which the member elects to contribute to the scheme.

15A—Contributors to State Scheme

This section applies to a contributor within the meaning of the Superannuation Act 1988 who is a member of the Triple S scheme by virtue of section 14(4) if—
(a)he or she elects to make contributions to the Treasurer under section 25; or
(b)his or her employer pays an amount in respect of him or her to the Treasurer under section 26(1a).
For the purposes of the Superannuation Act 1988, a contributor to whom this section applies will be taken—
(a)to have resigned from employment and to have preserved his or her accrued superannuation benefits (whether he or she has reached the age of 55 years or not); and
(b)not to reach the age of 55 years until he or she reaches that age and ceases to be employed in employment to which this Act applies.

15B—Salary sacrifice by members of certain schemes

A prescribed person may elect, by notice in writing to the Board, to become a member of the Triple S scheme in order to establish an entitlement to the employer component of benefits under Part 5 by sacrificing part of his or her salary in accordance with a contract, an award or an enterprise agreement that entitles the person to sacrifice all or part of his or her salary.
Subject to subsection (3), where a person has elected to become a member of the Triple S scheme under subsection (1), the employer must, within seven days after salary is paid to the member, pay to the Treasurer an amount (or arrange for the payment within that period to the Treasurer of an amount) equivalent to the member's non-monetary salary that is allocated for the purpose of the employer component of benefits under Part 5 in accordance with the contract, award or enterprise agreement.
Subsection (2) does not apply to, or in relation to, a member during a period in which he or she is not an active contributor to the State Scheme except where the member is not an active contributor because of section 23(7) of the Superannuation Act 1988.
The amount of the charge percentage in respect of a person who has elected to become a member of the Triple S scheme under subsection (1) is zero.
A person who has elected to become a member of the Triple S scheme under subsection (1)—
(a)is not entitled to make contributions under section 25;
(b)is entitled to the employer component of benefits under Part 5 but is not entitled to any other benefit under this Act in his or her capacity as a member under this section other than any voluntary invalidity/death insurance taken out under section 22.
In this section—
prescribed person means—
(a)a person who is an active contributor to the State Scheme; or
(b)a person prescribed, or of a class prescribed, by the regulations for the purposes of this definition.

15C—Salary sacrifice by members of Police Superannuation Scheme

A police officer who is a contributor to the Police Superannuation Scheme may elect, by notice in writing to the Board, to become a member of the Triple S scheme in order to establish an entitlement to the employer component of benefits under Part 5 by sacrificing part of his or her salary in accordance with a contract, an award or an enterprise agreement that entitles the person to sacrifice all or part of his or her salary.
If a person has elected, or is taken to have elected, to become a member of the Triple S scheme under this section, the employer must, within 7 days after salary is paid to the member, pay to the Treasurer an amount (or arrange for the payment within that period to the Treasurer of an amount) equivalent to the member's non‑monetary salary that is allocated for the purposes of the employer component of benefits under Part 5 in accordance with the contract, award or enterprise agreement.
The amount of the charge percentage in respect of a person who has elected, or is taken to have elected, to become a member of the Triple S scheme under subsection (1) is zero.
A person who has elected, or is taken to have elected, to become a member of the Triple S scheme under subsection (1) is entitled to—
(a)payment, in accordance with Part 5, of the balance of each account maintained for the person by the Board under section 7 or 27; and
(b)voluntary invalidity/death insurance taken out under section 22 (if any),
but is not entitled to any other benefits under this Act in his or her capacity as a member under this section.

16—Duration of membership

A person who fulfils the requirements for membership of the scheme under this Division remains a member of the scheme until benefits payable under this Act to, on behalf of, or in respect of, the member have been paid even though the member may have subsequently ceased to fulfil the requirements for membership under this Division.
Subject to section 37, during a period in which a member does not fulfil the requirements for membership of the scheme under this Division an annual employer contribution does not accrue under this Act to the member in respect of that period.
Where a member becomes a member of a scheme of superannuation established for the benefit of the employees of an agency or instrumentality of the Crown, his or her membership of the Triple S scheme that is attributable to his or her employment by the agency or instrumentality is terminated and the member's employee and employer components and rollover component (if any) (as defined in section 30) attributable to that membership are carried over to the other superannuation scheme.
Where an annual employer contribution has not accrued to a member under this Act or the repealed Superannuation (Benefit Scheme) Act 1992 for a period of three years or more because the member has been an active contributor during that period under the Superannuation Act 1988, an amount equivalent to the balance standing to the credit of the member's employer contribution account and the member's rollover account (if any) may be paid by the Treasurer to the credit of the member's rollover account under the Superannuation Act 1988 and in that event the member ceases to be a member of the Triple S scheme.
However, if the Board is maintaining a co-contribution account on behalf of a member of the State Scheme because of co‑contribution payments received in respect of that membership, the member does not cease to be a member of the Triple S scheme by virtue of the operation of subsection (4).
If—
(a)a person is a member of the scheme solely by virtue of being a member of the State Scheme in respect of whom a co‑contribution has been paid to the Board; and
(b)the person becomes entitled to the payment of benefits under the Superannuation Act 1988 and to the payment of the amount standing to the credit of the person's co‑contribution account,
then the person ceases to be a member of the Triple S scheme on the payment of the balance of the co‑contribution account.
If—
(a)a person is a member of the scheme solely by virtue of being a member of the Police Superannuation Scheme—
(i)in respect of whom a co‑contribution or a benefit rolled over from another fund or scheme has been paid to the Board; or
(ii)who has made an election, or is taken to have made an election, under section 15C; and
(b)the person becomes entitled to the payment of benefits under the Police Superannuation Act 1990 and Part 5 of this Act,
then the person ceases to be a member of the Triple S scheme on the payment of the balance of each account maintained by the Board in his or her name.

Division 2—Invalidity/death insurance
20—Interpretation
In this Division—
prescribed member means—
(a)a police member; or
(b)a member prescribed, or of a class prescribed, by regulation for the purposes of this definition.

21—Basic invalidity/death insurance

Subject to this section, each member of the scheme is entitled to basic invalidity/death insurance regardless of the state of health of the member.
The following are not entitled to basic invalidity/death insurance:
(a)a person who is a member of the scheme by virtue only of section 14(5), (6), (10) or (10a), section 15B or section 15C (including any combination of these provisions);
(b)a spouse member of the scheme, unless the spouse member is also a member of the scheme (other than by virtue of a provision mentioned in paragraph (a));
(c)a person who is—
(i)employed or engaged for a specified period of time; and
(ii)remunerated solely by a fee, allowance or commission.
A member who has received invalidity insurance benefits under this Act (or a benefit in the nature of invalidity insurance benefits under any other Act that provides for the payment of benefits by the Treasurer) and is subsequently employed in employment to which this Act applies is not entitled to basic invalidity insurance in respect of his or her subsequent employment.

22—Application for voluntary invalidity/death insurance

Subject to this section, a member (other than a prescribed member) may apply to the Board for voluntary invalidity/death insurance under this section.

(1a)A person who is employed on a casual basis can only apply for voluntary invalidity/death insurance if he or she is employed pursuant to an arrangement under which he or she is to work for nine or more hours each week or for periods that average, over a three month period, nine or more hours each week.
(1ab)A person who is not entitled to basic invalidity/death insurance under section 21(2)(c) cannot apply for voluntary invalidity/death insurance.
(1b)A person who is a member of the scheme by virtue only of section 14(5), (10) or (10a) (including any combination of these provisions) cannot apply for voluntary invalidity/death insurance.

An application must be made in a manner approved by the Board and must specify the voluntary invalidity/death insurance that the member is applying for.
Subject to subsection (8), the applicant must provide the Board with prescribed information as to the applicant's state of health and the Board may require an applicant to provide satisfactory evidence of the state of the applicant's health.
The cost of any medical examination to which an applicant is required to submit for the purposes of subsection (4) must be paid by the applicant.
If it appears to the Board—
(a)that an applicant's state of health is such as to create a risk of invalidity or premature death; or
(b)that an applicant has in the past engaged in an activity of a prescribed kind that increases the risk of invalidity or premature death; or
(c)that an applicant is likely in the future to engage in an activity of a kind referred to in paragraph (b),
the Board may refuse the application or may grant it on conditions (being conditions authorised by the regulations).
If it appears to the Board that an applicant withheld information required in relation to his or her application under this section, the Board may withhold or reduce voluntary invalidity/death insurance benefits that the applicant would otherwise have been entitled to.
If within three months after electing to become a member of the Triple S scheme, a contributor under the Superannuation Act 1988 applies to the Board under this section for voluntary invalidity/death insurance that will entitle the applicant to benefits that will not, in the Board's opinion, exceed the benefits in the nature of invalidity and death insurance to which the applicant would have been entitled under the Superannuation Act 1988—
(a)subsection (4) does not apply to the applicant; and
(b)the Board must accept the application and the only conditions that it can impose on its acceptance are the conditions (if any) to which the applicant's membership of the State Scheme is subject or conditions to which the applicant agrees.
Where the Board grants an application for voluntary invalidity/death insurance or for an increase or decrease in the level of voluntary insurance, the Board must fix the date for the commencement of the insurance or of the increase or decrease in the level of insurance.

23—Variation of voluntary insurance

Subject to subsection (2), a member who has voluntary invalidity/death insurance under section 22 may apply to the Board to increase or decrease the level of the insurance.
An application must be made in a manner approved by the Board.
This Division applies to an application to increase the level of insurance as though it were an initial application for voluntary insurance.

23A—Voluntary invalidity/death insurance—prescribed members

All prescribed members have such voluntary invalidity/death insurance as is prescribed by regulation and are liable for premiums in respect of that insurance fixed by or under the regulations.
Subject to this section, a prescribed member may apply to the Board for additional voluntary invalidity/death insurance under this section.
An application must be made in a manner approved by the Board and must specify the voluntary invalidity/death insurance that the member is applying for.
The applicant must provide the Board with prescribed information as to the applicant's state of health and the Board may require an applicant to provide satisfactory evidence of the state of the applicant's health.
The cost of any medical examination to which an applicant is required to submit for the purposes of subsection (4) must be paid by the applicant.
If it appears to the Board—
(a)that an applicant's state of health is such as to create a risk of invalidity or premature death; or
(b)that an applicant has in the past engaged in an activity of a prescribed kind that increases the risk of invalidity or premature death; or
(c)that an applicant is likely in the future to engage in an activity of a kind referred to in paragraph (b),
the Board may refuse the application or may grant it on conditions (being conditions authorised by the regulations).
If it appears to the Board that an applicant withheld information required in relation to his or her application under this section, the Board may withhold or reduce voluntary invalidity/death insurance benefits that the applicant would otherwise have been entitled to.
If the Board grants an application for voluntary invalidity/death insurance or for an increase or decrease in the level of voluntary insurance, the Board must fix the date for the commencement of the insurance or of the increase or decrease in the level of insurance.
Regulations made for the purposes of this section may make different provision according to the various classes of members, matters or circumstances to which they are expressed to apply.

23B—Variation of voluntary insurance—prescribed members

A prescribed member may apply to the Board, in a manner approved by the Board, to increase or decrease the level of his or her voluntary invalidity/death insurance.
However, a prescribed member cannot apply to reduce his or her voluntary invalidity/death insurance below the level applicable to the member prescribed by regulation under section 23A(1).

24—Amount of invalidity/death insurance benefits and amount of premiums

The amount of basic and voluntary invalidity/death insurance benefits and the amount of the premiums in respect of those benefits will be fixed by or under regulation.
The regulations may provide—
(a)for different amounts of basic and voluntary invalidity/death insurance depending on the member's age or whether the member was employed on a full time, part time or casual basis or on any other relevant factor; and
(b)for annual increases in the amount of basic and voluntary invalidity/death insurance for the benefit of members who wish to have annual increases in their insurance; and
(c)for the amount of premiums to be fixed by the Board.
Premiums will be debited against each member's employer contribution account.
If the debiting of a premium under subsection (3) would result in a debit balance in the account—
(a)the premium will be debited against the account to the extent of the credit balance in the account; and
(b)the member's basic and voluntary invalidity/death insurance is suspended from the expiration of the month following the month in which the premium was debited until the account is again sufficiently in credit to enable the debiting of premiums without resulting in a debit balance.
In subsection (4)—
month means any one of the 12 named months of a calendar year.

24A—Voluntary suspension of invalidity/death insurance

A person who is employed on a casual basis and who does not have voluntary invalidity/death insurance may, by notice in writing to the Board, suspend his or her basic invalidity/death insurance.
Subject to subsection (3) an employee (not being an employee referred to in subsection (1)) may, by notice in writing to the Board, suspend his or her basic invalidity/death insurance and his or her voluntary invalidity/death insurance (if any).
An employee can only suspend insurance under subsection (2) if the Board is satisfied that he or she will not be in receipt of any income from his or her employer during the period of suspension.
An employee may at any time, by notice in writing to the Board, reinstate his or her suspended insurance.
Basic and voluntary invalidity/death insurance benefits are only payable to or in respect of an employee whose employment terminates on account of invalidity or death within one year after his or her insurance is reinstated under subsection (4) if the invalidity or death was caused by accidental injury.

Division 3—Contributions by members
25—Contributions

Subject to this section, a member may elect to make contributions to the Treasurer as a deduction from salary at a whole number percentage, or at 4.5%, of the combined value of the monetary and non-monetary salary (if any) to which the member is entitled in each period in respect of which salary is paid to the member.
A person who is a member of the scheme by virtue only of section 14(5), (6), (10) or (10a) (including any combination of these provisions) is not entitled to make contributions.
A police member must contribute at a rate of at least 4.5 per cent of salary.

(3a)Subsection (3) does not apply to—
(a)a police cadet; or
(b)a police officer who is employed on a contract having a fixed term.

A police cadet is not obliged to contribute but may elect to do so.

(4a)The regulations may require that specified members, or members of a specified class, contribute at a prescribed rate (and the regulations may prescribe different rates in respect of different members or different classes of member).

Subject to this section, a member who has elected to contribute may subsequently elect to contribute at a different rate or to cease contributing.
An election under this section must be made to the Board in writing and will operate from a date to be fixed by the Board.
Where, following a change in a member's salary, it will be difficult for an employer to determine the amount of the member's contribution for the first payment period to which the new contribution applies, the Board may, by notice in writing to the employer, direct that the member's contributions will, until a date specified in the notice, be determined in accordance with this section as in force immediately before the commencement of the Southern State Superannuation (Contributions) Amendment Act 2000.
A notice under subsection (7) may be varied or revoked by the Board by subsequent notice served on the employer.
If over a particular period a member receives (while remaining in employment) weekly workers compensation payments for total or partial incapacity for work, contributions will be payable as if the weekly payments were salary or a component of salary (as the case requires).
Contributions are payable from the member's monetary salary on the days on which monetary salary is paid to the member.
A member whose membership of the scheme commences on the commencement of the member's employment will commence making contributions on a date fixed by the Board.

25A—Other contributions

A member who is making contributions to the Treasurer under section 25 may make additional monetary contributions to the Treasurer under this section that are not related to the member's salary.

(1a)A member whose employment has not terminated but who is not making contributions under section 25 may make monetary contributions to the Treasurer under this section.

The amount of each contribution under this section must be equal to or exceed the amount prescribed by regulations for the purposes of this section.

Division 4—Payments by employers
26—Payments by employers

Within a period (to be determined by the Board) after salary is paid to a member, the member's employer must pay to the Treasurer an amount calculated as follows:
Where—
A is the amount to be paid
S is the amount of salary paid to the member or, if the member is entitled to both monetary and non-monetary salary, S is the aggregate of the monetary and non-monetary salary to which the member is entitled
CP is the charge percentage applicable in respect of the member for the period during which the salary was paid.

(1a)Where pursuant to an award or enterprise agreement the whole or part of a member's non-monetary salary is allocated for the purpose of increasing the employer component of the member's benefits under Part 5, the employer must, within seven days after salary is paid to the member, pay to the Treasurer an amount (or arrange for the payment within that period to the Treasurer of an amount) equivalent to the member's non-monetary salary that is allocated for that purpose.

If an employer fails to pay the amount referred to in subsection (1) or (1a) within the time allowed by that subsection, the employer is liable to pay to the Treasurer a penalty (not being greater than 10 per cent of the amount unpaid) fixed by the Board.

(2a)This section does not apply in relation to a person who is a member of the scheme by virtue of section 14(10) or (10a).

In this section—
employer means—
(a)the administrative unit in which the member is employed; or
(b)the agent or instrumentality of the Crown, or other person or body, that employs the member,
as the case requires.

Part 3A—Spouse members
Division 1—Preliminary
26A—Interpretation
In this Part—
eligible member means a member in respect of whom payments are being made to the Treasurer under section 15B, 15C or 26;
prescribed payment means payment of an amount that is a spouse contributions-splitting amount for the purpose of the definition of contributions-splitting ETP in section 27A(1) of the Income Tax Assessment Act 1936 of the Commonwealth;
voluntary death insurance means death insurance granted by the Board under section 26G;
voluntary death insurance benefits means benefits payable in respect of voluntary death insurance.

Division 2—Spouse members
26B—Spouse contributions splitting

Subject to this section, an eligible member may apply to the Board, in a manner approved by the Board, to make a prescribed payment from the member's contribution account or employer contribution account into a rollover account established in the name, and for the benefit, of the member's spouse.
An application under subsection (1), and the making of a prescribed payment following the acceptance of an application, are subject to, and must comply with—
(a)Division 6.7 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth (as if the provisions of that Division apply to, and in relation to, the scheme); and
(b)such terms and conditions as may be specified by the Board.
The Board may fix fees payable in respect of applications under this section.
Any fee payable under subsection (3) may be deducted by the Board from—
(a)the applicant's employer contribution account; or
(b)if there are insufficient funds in that account—a spouse account established in the name of the applicant's spouse.

26C—Other contributions for spouse members

An eligible member may make monetary contributions to the Treasurer under this section for crediting to a contribution account in the name of the member's spouse.
A spouse member may, while the spouse member is the spouse of a member, make monetary contributions to the Treasurer under this section.
The amount of each contribution under this section must be equal to or exceed the amount prescribed by regulation for the purposes of section 25A.

26D—Spouse members and spouse accounts

If a prescribed payment, or a monetary contribution under section 26C(1), is made by a member for the benefit of a spouse in respect of whom neither a prescribed payment nor a contribution under section 26C(1) has previously been made, the spouse becomes a spouse member of the Triple S scheme by virtue of this subsection.
The Board must—
(a)maintain a contribution account in the name of a spouse member who is making or has made contributions to the scheme under section 26C, or in relation to whom contributions are being or have been made by a member under that section; and
(b)credit the account with the amount of contributions made by the spouse member or member; and
(c)debit the account with any payment that is to be charged against the account under this Act.
The Board must—
(a)maintain a rollover account in the name of a spouse member—
(i)for the benefit of whom a prescribed payment has been made; or
(ii)for whom an amount of money has been carried over from another superannuation fund or scheme to the Triple S scheme; and
(b)credit the account with the amount of the prescribed payment made, or money carried over, for the spouse member; and
(c)debit the account with any payment that is to be charged against the account under this Act.
The Board must—
(a)maintain a co-contribution account in the name of a spouse member in respect of 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 spouse member; and
(c)debit the account with any payment that is to be charged against the account under this Act.
The Board may, in an appropriate case, debit against a spouse account an administrative charge fixed by the Board.
However, an administrative charge may not be debited against a spouse member's co‑contribution account if the Board is maintaining a contribution account or rollover account in the name of the spouse member and the credit balance (if any) of either or both of those accounts is sufficient to pay the administrative charge.
The Board may, for the purposes of subsection (5), fix different charges depending on the balance of spouse members' accounts or any other relevant factor.
The Governor may, by regulation, make any provision in connection with the operation of subsection (1), including by providing that a specified provision of this Act does not apply to a spouse member or applies to a spouse member subject to any modification prescribed by the regulations.

26E—Accretions to spouse members' accounts

At the end of each financial year, each spouse account that has a credit balance will be adjusted to reflect a rate of return determined by the Board in relation to spouse members' accounts for the relevant financial year.
In determining a rate of return for the purposes of subsection (1), the Board should have regard to—
(a)the net rate of return achieved by investment of the Southern State Superannuation Fund over the financial year or, where a spouse member has made a nomination under subsection (3), the net rate of return achieved by the class of investments, or the combination of classes of investments, nominated by the spouse member; and
(b)the desirability of reducing undue fluctuations in the rate of return on spouse members' accounts.
If the Fund is invested in different classes of investments, the Board may, with the agreement of the Superannuation Funds Management Corporation of South Australia, permit spouse members, on such terms and conditions as it thinks fit, to nominate the class of investments, or the combination of classes of investments, for the purpose of determining the rate of return under this section.
If, under subsection (2)(b), the Board determines a rate of return that is at variance with the net rate of return achieved by investment of the Fund, the Board must include its reasons for the determination in its report for the relevant financial year.
If it is necessary to determine the balance of a spouse member'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.
A balance determined under subsection (5) will not be adjusted when a rate of return is subsequently determined under subsection (1).
A reference in this section to rate of return is a reference to a positive or a negative rate of return.

26F—Amalgamation of accounts

If a person who is a spouse member is, or becomes, a member of the scheme, the Board may transfer the amounts standing to the credit of the person's spouse accounts to a member's contribution account, rollover account or co-contribution account, as appropriate, maintained by the Board in the name of the person (and the Board may, if necessary for the purposes of this subsection, establish such an account in the name of the person).
If all amounts standing to the credit of the person's spouse accounts are transferred from those accounts under this section—
(a)the person ceases to be a spouse member of the scheme; and
(b)the person's voluntary death insurance under Division 3 (if any) is taken to be voluntary invalidity/death insurance under section 22.

Division 3—Voluntary death insurance
26G—Voluntary death insurance

A spouse member may, if the spouse member is the spouse of a member, apply to the Board for voluntary death insurance.
A spouse member who is not the spouse of a member is not entitled to death insurance cover and any such cover enjoyed by a spouse member will cease if the spouse member ceases to be the spouse of a member.
An application must be made in a manner approved by the Board and must specify the voluntary death insurance that the spouse member is applying for.
The applicant must provide the Board with prescribed information as to the applicant's state of health and the Board may require an applicant to provide satisfactory evidence of the state of the applicant's health.
The cost of any medical examination to which an applicant is required to submit for the purposes of subsection (4) must be paid by the applicant.
If it appears to the Board—
(a)that an applicant's state of health is such as to create a risk of premature death; or
(b)that an applicant has in the past engaged in an activity of a prescribed kind that increases the risk of premature death; or
(c)that an applicant is likely in the future to engage in an activity of a kind referred to in paragraph (b),
the Board may refuse the application or may grant it on conditions (being conditions authorised by the regulations).
If it appears to the Board that an applicant withheld information required in relation to his or her application under this section, the Board may withhold or reduce voluntary death insurance benefits that the applicant would otherwise have been entitled to.
If the Board grants an application for voluntary death insurance or for an increase or decrease in the level of voluntary death insurance, the Board must fix the date for the commencement of the insurance or of the increase or decrease in the level of insurance.

26H—Variation of voluntary death insurance

A spouse member who has voluntary death insurance may apply to the Board to increase or decrease the level of the insurance.
An application must be made in a manner approved by the Board.
This Division applies to an application to increase the level of insurance as though it were an initial application for voluntary insurance.

26I—Amount of death insurance benefits and amount of premiums

The amount of voluntary death insurance benefits for spouse members and the amount of the premiums in respect of those benefits will be fixed by or under regulation.
The regulations may provide—
(a)for different amounts of voluntary death insurance depending on the spouse member's age or on any other relevant factor; and
(b)for annual increases in the amount of voluntary death insurance for the benefit of spouse members who wish to have annual increases in their insurance; and
(c)for the amount of premiums to be fixed by the Board.
Premiums may be debited against any of a spouse member's spouse accounts.
If the debiting of a premium against a particular spouse account under subsection (3) would result in a debit balance in the account—
(a)the premium may be debited against the account to the extent of the credit balance in the account; and
(b)if there is another spouse account in the name of the spouse member, the premium will be debited against that account to the extent of the credit balance in the account; and
(c)the spouse member's voluntary death insurance is suspended from the expiration of the month following the month in which the last premium was debited until a spouse account in the name of the spouse member is again sufficiently in credit to enable the debiting of premiums without resulting in a debit balance.
In subsection (4)—
month means any 1 of the 12 months of a calendar year.

Division 4—Payment of benefits
26J—Benefits for spouse members

Subject to this section, the following provisions apply in respect of an amount standing to the credit of a spouse member's spouse account:
(a)if—
(i)the spouse member—
(A)has reached the retirement age; and
(B)is the spouse of the relevant member; and
(ii)the employment of the relevant member has terminated,
payment of the amount may be made to the spouse member subject to restrictions (if any) imposed by the SIS Act;
(b)if—
(i)the spouse member—
(A)has not reached the retirement age; and
(B)is the spouse of the relevant member; and
(ii)the employment of the relevant member has terminated,
the amount must be preserved;
(c)if the spouse member—
(i)is not the spouse of the relevant member; and
(ii)has not reached the retirement age,
the amount must be preserved;
(d)if the spouse member—
(i)is not the spouse of the relevant member; and
(ii)has reached the retirement age,
payment of the amount may be made to the spouse member subject to restrictions (if any) imposed by the SIS Act.
If an amount standing to the credit of a spouse member's spouse account is preserved under subsection (1)—
(a)the spouse member may elect to carry the amount over to some other fund or scheme approved by the Board; or
(b)subject to restrictions (if any) imposed by the SIS Act, the spouse member may at any time after reaching the retirement age require the Board to authorise payment of the amount and, if no such requirement has been made on or before the date on which the spouse member reaches 65 years of age, the Board will authorise payment of the amount to the spouse member.
If—
(a)a spouse member suffers physical or mental incapacity; and
(b)the Board is satisfied that the spouse member's incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent,
the spouse member is entitled to benefits made up of the amount (if any) standing to the credit of each of the spouse member's spouse accounts.
If a spouse member dies, the amount (if any) standing to the credit of each of the spouse member's spouse accounts, and the voluntary death insurance benefit (if any), will be paid to—
(a)if the deceased spouse member is survived by a spouse—the spouse; and
(b)if the deceased spouse member is not survived by a spouse—the spouse member's estate.
However, a surviving spouse will not be entitled to a benefit under subsection (4) if section 35F applies to the spouse.
A payment under subsection (2), (3) or (4) excludes further rights so that a claim cannot subsequently be made under another of those subsections.

In this clause—
Police Superannuation Scheme contributor means a member of the Police Superannuation Scheme who was an old scheme contributor within the meaning of the Police Superannuation Act 1990 immediately before the repeal of Part 4 of that Act by the amending Act.

19—Amounts preserved for certain contributors to Police Superannuation Scheme

The following provisions apply in relation to a payment preserved by a person under section 34(1a) of the Police Superannuation Act 1990 immediately before the prescribed date:
(a)the Board will establish a rollover account in the name of the person;
(b)the balance of the rollover account, on the establishment of the account under this clause, will be an amount equivalent to the amount of the superannuation payment to which the person would be entitled under section 34(1a) of the Police Superannuation Act 1990 if the payment were to be made to the person on the prescribed date;
(c)the provisions of section 32(6) will apply in relation to the amount (subject to section 32(6a)) as if the amount were a component preserved by the person under section 32;
(d)the person will be taken to be a member of the Triple S scheme by virtue of section 14(10a).
The following provisions apply to accrued superannuation benefits preserved by a person under section 34(1)(b) of the Police Superannuation Act 1990 immediately before the prescribed date if the person resigned after a contribution period of less than 120 months:
(a)the Board will establish a rollover account in the name of the person;
(b)the balance of the rollover account, on the establishment of the account under this clause, will be an amount equivalent to the amount of the superannuation payment to which the person would be entitled under section 34(2) of the Police Superannuation Act 1990 if the payment were to be made to the person on the prescribed date;
(c)the provisions of section 32(6) will apply (in lieu of section 34(2) of the Police Superannuation Act 1990) in relation to the amount (subject to section 32(6a)) as if the amount were a component preserved by the person under section 32;
(d)the person will be taken to be a member of the Triple S scheme by virtue of section 14(10a).

20—Balances of accounts

If the Board is required under this Part to establish a member's contribution account or a rollover account in the name of a person—
(a)the amount that is to be the balance of the account on the establishment of the account is to be paid to the Southern State Superannuation Fund 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 the purpose of making payments required under the Police Superannuation Act 1990; and
(b)if the amount that is to be the balance of the account includes an amount equivalent to—
(i)the balance of a contribution account, investment account, rollover account or co‑contribution account maintained by the Police Superannuation Board (a police superannuation account); or
(ii)the aggregate balance of a number of police superannuation accounts,
(the equivalent amount), then,
(iii)the Treasurer will reimburse the Consolidated Account or special deposit account by charging the equivalent amount against the relevant division of the Police Superannuation Fund; and
(iv)the balance of each police superannuation account referred to in subparagraphs (i) and (ii) will, on the establishment of the person’s contribution account or rollover account in the Triple S scheme, be taken to be zero.
If the Board is required under this Part to establish an employer contribution account in the name of a person, the amount that is to be the balance of the account on the establishment of the account is to be paid to the Southern State Superannuation (Employers) Fund 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 the purpose of making payments required under the Police Superannuation Act 1990.
If—
(a)the Board is required under this Part to establish a rollover account in the name of a person for whom a superannuation benefit or payment has been preserved in the Police Superannuation Scheme; and
(b)the balance of the account, on the establishment of the account, is to be an amount equivalent to the amount of a superannuation payment to which the person would be entitled under the Police Superannuation Act 1990 if the superannuation payment were to be made to the person, in accordance with the provision of that Act pursuant to which the benefit or payment was preserved, on or immediately before the prescribed date,
the preserved benefit or payment will be taken, on the establishment of the rollover account in the Triple S scheme, to have been transferred from the Police Superannuation Scheme to the Triple S scheme (and the person will have no further entitlement to a benefit or payment under the provision of the Police Superannuation Act 1990 pursuant to which the benefit or payment was preserved).
The Police Superannuation Board may, at a time determined by the Board to be appropriate in the circumstances, close an account that is no longer required for the purposes of the Police Superannuation Act 1990.
For the avoidance of doubt, section 13(6) of the Police Superannuation Act 1990 applies where it is necessary for the Police Superannuation Board to determine, for the purposes of this Part, the balance of any account maintained by the Board under that Act.

21—Investment of transferred money
For the purposes of determining a rate of return under section 7A or 27 in respect of an account established by the Board as required under this Part, the Board and the Corporation must, on the establishment of the account, determine the relevant class of investments, or combination of classes of investments, on the basis that the member for whom the account has been established has not made a nomination under the relevant section (although the member may, subject to the Act, subsequently nominate a different class of investments, or combination of classes of investments, for the purpose of determining a rate of return).
22—Administration costs associated with transition
The costs associated with—
(a)determining the balances of accounts under the Police Superannuation Act 1990; and
(b)establishing, and determining the balances of, new accounts under this Act; and
(c)transferring Police Superannuation Scheme contributors to the Triple S scheme; and
(d)any other administrative act required under, or necessary or expedient for the purposes of, this Part,

will be recoverable from the Police Superannuation Fund.
23—Other provisions

The Governor may, by regulation, make provisions of a saving or transitional nature consequent on the enactment of the amending Act.
A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of the amending Act or from a later day.
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 or repeal effected by the amending Act.

Legislative history

Notes

•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 of Act
The Southern State Superannuation Act 1994 was repealed by Sch 1 cl 8 of the Southern State Superannuation Act 2009 on 1.8.2009.
Legislation repealed by principal Act
The Southern State Superannuation Act 1994 repealed the following:
Superannuation (Benefit Scheme) Act 1992
Principal Act and amendments

Year No Title Assent Commencement

1994 66 Southern State Superannuation Act 1994 3.11.1994 1.7.1995: 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 25 Statutes Amendment (Superannuation) Act 1997 10.4.1997 ss 16 & 17—1.7.1995: s 2(2); ss 12—15 and 18 & 19—24.4.1997 (Gazette 24.4.1997 p1618)

1998 66 Southern State Superannuation (Merger of Schemes) Amendment Act 1998 10.9.1998 1.7.1998: s 2

1999 86 Southern State Superannuation (Salary) Amendment Act 1999 2.12.1999 1.12.1999: s 2

1999 87 Statutes Amendment (Visiting Medical Officers Superannuation) Act 1999 2.12.1999 Pt 2 (s 4)—23.12.1999 (Gazette 23.12.1999 p3670)

2000 4 District Court (Administrative and Disciplinary Division) Amendment Act 2000 20.4.2000 Sch 1 (cl 39)—1.6.2000 (Gazette 18.5.2000 p2554)

2000 56 Southern State Superannuation (Contributions) Amendment Act 2000 20.7.2000 10.8.2000 (Gazette 10.8.2000 p444)

2001 39 Southern State Superannuation (Invalidity/Death Insurance) Amendment Act 2001 3.8.2001 27.9.2001 (Gazette 27.9.2001 p4296) except ss 3(a), (b), (d)—(f), 4—13, 16—18, 19(b), (c), 19(d) (except the part that strikes out s 34(4)), 20(a)—(e), 20(f) (except the part that strikes out s 35(5)), 20(g), 21 and 22—1.7.2002 (Gazette 27.6.2002 p2681)

2003 13 Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 12.6.2003 Pt 4 (ss 9 & 10)—3.7.2003 (Gazette 3.7.2003 p2877)

2003 49 Statutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003 20.11.2003 Pt 5 (ss 15—27) and Sch 1—18.12.2003 (Gazette 18.12.2003 p4527)

2003 59 Southern State Superannuation (Visiting Medical Officers) Amendment Act 2003 11.12.2003 1.7.2003: s 2

2004 37 Statutes Amendment (Miscellaneous Superannuation Measures) Act 2004 5.8.2004 Pt 3 (ss 13—15)—19.8.2004 (Gazette 19.8.2004 p3280)

2004 51 Statutes Amendment (Miscellaneous Superannuation Measures No 2) Act 2004 16.12.2004 Pt 5 (s 39)—3.7.2003: s 2(3); Pt 5 (ss 20—38)—13.1.2005 (Gazette 13.1.2005 p69)

2006 40 Southern State Superannuation (Insurance, Spouse Accounts and Other Measures) Amendment Act 2006 14.12.2006 1.2.2007 (Gazette 25.1.2007 p277) except ss 4(4), (8), 5, 7—9, new s 21(2)(b) (as inserted by s 12), 18, new s 33A(14)(a) (as inserted by s 20), 24, 26—29, 30(2), (3) & 32—12.4.2007 (Gazette 12.4.2007 p1161)

2006 43 Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 81 (ss 196—198)—1.6.2007 (Gazette 26.4.2007 p1352)

2008 4 Statutes Amendment (Transition to Retirement—State Superannuation) Act 2008 13.3.2008 Pt 2 (ss 4—8)—1.7.2008 (Gazette 26.6.2008 p2554)

2008 25 Statutes Amendment (Police Superannuation) Act 2008 26.6.2008 Pt 3 (ss 30—52)—1.7.2008 (Gazette 26.6.2008 p2554)
Provisions amended
Entries that relate to provisions that have been deleted appear in italics.

Provision How varied Commencement

Pt 1

s 2 omitted under Legislation Revision and Publication Act 2002 3.7.2003

s 3

s 3(1)

additional invalidity/death insurance inserted by 39/2001 s 3(a) 1.7.2002

deleted by 40/2006 s 4(1) 1.2.2007

additional invalidity/death insurance benefits inserted by 39/2001 s 3(a) 1.7.2002

deleted by 40/2006 s 4(1) 1.2.2007

annual employer contribution deleted by 66/1998 s 3(a) 1.7.1998

actuary inserted by 66/1998 s 3(a) 1.7.1998

basic future service benefit substituted by 66/1998 s 3(b) 1.7.1998

deleted by 39/2001 s 3(b) 1.7.2002

basic invalidity/death insurance inserted by 39/2001 s 3(b) 1.7.2002

basic invalidity death insurance benefits inserted by 39/2001 s 3(b) 1.7.2002

charge percentage amended by 66/1998 s 3(c), (d) 1.7.1998

amended by 56/2000 s 3(a) 10.8.2000

amended by 59/2003 s 4(1), (2) 1.7.2003

co-contribution inserted by 51/2004 s 20(1) 13.1.2005

co-contribution account inserted by 51/2004 s 20(1) 13.1.2005

contributions inserted by 39/2001 s 3(c) 27.9.2001

amended by 40/2006 s 4(2) 1.2.2007

deferred superannuation contributions surcharge inserted by 37/2004 s 13(1) 19.8.2004

employment to which this Act applies amended by 66/1998 s 3(e) 1.7.1998

amended by 51/2004 s 20(2) 13.1.2005

future service benefit deleted by 39/2001 s 3(d) 1.7.2002

invalidity/death insurance benefits inserted by 39/2001 s 3(e) 1.7.2002

amended by 40/2006 s 4(3) 1.2.2007

member amended by 40/2006 s 4(4) 12.4.2007

member's contribution account amended by 66/1998 s 3(f) 1.7.1998

member of the police force deleted by 40/2006 Sch 2 1.2.2007

monetary salary inserted by 56/2000 s 3(b) 10.8.2000

non-monetary remuneration inserted by 86/1999 s 3(a) 1.12.1999

deleted by 40/2006 s 4(5) 1.2.2007

non-monetary salary inserted by 56/2000 s 3(c) 10.8.2000

substituted by 40/2006 s 4(5) 1.2.2007

notional salary inserted by 66/1998 s 3(g) 1.7.1998

police cadet amended by 40/2006 Sch 2 1.2.2007

police member inserted by 25/2008 s 30(1) 1.7.2008

Police Superannuation Scheme inserted by 25/2008 s 30(1) 1.7.2008

preservation age inserted by 4/2008 s 4(1) 1.7.2008

the PSESS Scheme inserted by 66/1998 s 3(h) 1.7.1998

putative spouse inserted by 13/2003 s 9 3.7.2003

substituted by 43/2006 s 196 1.6.2007

retirement age inserted by 25/2008 s 30(2) 1.7.2008

rollover account inserted by 66/1998 s 3(i) 1.7.1998

substituted by 49/2003 s 15(1) 18.12.2003

salary amended by 86/1999 s 3(b) 1.12.1999

amended by 40/2006 s 4(6) 1.2.2007

(a) deleted by 40/2006 s 4(7) 1.2.2007

the SIS Act inserted by 66/1998 s 3(j) 1.7.1998

special deposit account inserted by 25/1997 s 12 24.4.1997

spouse account inserted by 40/2006 s 4(8) 12.4.2007

spouse member inserted by 40/2006 s 4(8) 12.4.2007

the Superannuation Funds Management Corporation of South Australia inserted by 38/1995 Sch 2 1.7.1995

teaching hospital inserted by 59/2003 s 4(3) 1.7.2003

Superannuation Contributions Tax Act inserted by 37/2004 s 13(2) 19.8.2004

supplementary future service benefit substituted by 66/1998 s 3(k) 1.7.1998

deleted by 39/2001 s 3(f) 1.7.2002

supplementary future service benefit member deleted by 39/2001 s 3(f) 1.7.2002

surcharge notice inserted by 37/2004 s 13(3) 19.8.2004

the Trust deleted by 38/1995 Sch 2 1.7.1995

the Triple S scheme inserted by 66/1998 s 3(l) 1.7.1998

visiting medical officer inserted by 59/2003 s 4(4) 1.7.2003

voluntary invalidity/death insurance inserted by 40/2006 s 4(9) 1.2.2007

voluntary invalidity/death insurance benefits inserted by 40/2006 s 4(9) 1.2.2007

s 3(3) deleted by 66/1998 s 3(m) 1.7.1998

inserted by 86/1999 s 3(c) 1.12.1999

substituted by 56/2000 s 3(d) 10.8.2000

substituted by 40/2006 s 4(10) 1.2.2007

s 3(3a)—(3c) inserted by 86/1999 s 3(c) 1.12.1999

deleted by 40/2006 s 4(10) 1.2.2007

s 3(4a) inserted by 66/1998 s 3(n) 1.7.1998

s 3(4b) inserted by 4/2008 s 4(2) 1.7.2008

s 3(5) amended by 66/1998 s 3(o), (p) 1.7.1998

amended by 40/2006 s 4(11), (12) 1.2.2007

s 3(6) and (7) inserted by 66/1998 s 3(q) 1.7.1998

s 3(8) inserted by 49/2003 s 15(2) 18.12.2003

s 3A inserted by 13/2003 s 10 3.7.2003

s 3A(1) substituted by 43/2006 s 197 1.6.2007

s 3B inserted by 13/2003 s 10 3.7.2003

Pt 2

Pt 2 Div 1

s 4

s 4(3) amended by 38/1995 Sch 2 1.7.1995

s 4(4) amended by 25/1997 s 13(a) 24.4.1997

amended by 40/2006 s 5(1) 12.4.2007

s 4(4a) inserted by 66/1998 s 4 1.7.1998

s 4(4b) inserted by 51/2004 s 21 13.1.2005

amended by 40/2006 s 5(2) 12.4.2007

amended by 25/2008 s 31 1.7.2008

s 4(6) amended by 25/1997 s 13(b) 24.4.1997

s 4(7) amended by 38/1995 Sch 2 1.7.1995

s 5

s 5(1) and (2) amended by 38/1995 Sch 2 1.7.1995

s 5(3)—(5) deleted by 38/1995 Sch 2 1.7.1995

s 6 deleted by 38/1995 Sch 2 1.7.1995

Pt 2 Div 2 heading amended by 66/1998 s 5 1.7.1998

heading substituted by 51/2004 s 22 13.1.2005

s 7

s 7(1) substituted by 66/1998 s 6(a) 1.7.1998

substituted by 25/2008 s 32(1) 1.7.2008

s 7(2) substituted by 25/2008 s 32(1) 1.7.2008

s 7(2a) and (2b) inserted by 66/1998 s 6(b) 1.7.1998

deleted by 25/2008 s 32(1) 1.7.2008

s 7(2c) inserted by 51/2004 s 23(1) 13.1.2005

amended by 25/2008 s 32(2) 1.7.2008

s 7(3) deleted by 66/1998 s 6(c) 1.7.1998

inserted by 49/2003 s 16 18.12.2003

amended by 51/2004 s 23(2), (3) 13.1.2005

substituted by 40/2006 s 6 1.2.2007

s 7(3a) inserted by 51/2004 s 23(4) 13.1.2005

s 7(4) deleted by 66/1998 s 6(d) 1.7.1998

inserted by 49/2003 s 16 18.12.2003

s 7(5) inserted by 51/2004 s 23(5) 13.1.2005

s 7(5)—(7) deleted by 66/1998 s 6(d) 1.7.1998

s 7A inserted by 66/1998 s 7 1.7.1998

s 7A(1) amended by 51/2004 s 24(1) 13.1.2005

s 7A(4) amended by 51/2004 s 24(2) 13.1.2005

s 7B inserted by 66/1998 s 7 1.7.1998

s 8

s 8(1) substituted by 40/2006 s 7 12.4.2007

s 8(1a) inserted by 40/2006 s 7 12.4.2007

Pt 2 Div 3

s 9

s 9(2) amended by 66/1998 s 8 1.7.1998

amended by 56/2000 s 4 10.8.2000

amended by 25/2008 s 33(1) 1.7.2008

(ab) deleted by 25/2008 s 31(2) 1.7.2008

s 9(3) substituted by 25/1997 s 14 24.4.1997

amended by 39/2001 s 4 1.7.2002

s 10

s 10(1a) inserted by 39/2001 s 5 1.7.2002

s 11

s 11(1) amended by 66/1998 s 9(a) 1.7.1998

s 11(2) amended by 66/1998 s 9(b) 1.7.1998

Pt 2 Div 4

s 12

s 12(1) amended by 25/1997 s 15(a) 24.4.1997

amended by 49/2003 s 17 18.12.2003

s 12(2) amended by 25/1997 s 15(b) 24.4.1997

substituted by 66/1998 s 10 1.7.1998

substituted by 51/2004 s 25 13.1.2005

s 12(3) amended by 25/1997 s 15(b) 24.4.1997

amended by 39/2001 s 6(a) 1.7.2002

s 12(4) amended by 39/2001 s 6(b), (c) 1.7.2002

amended by 40/2006 Sch 2 1.2.2007

Pt 2 Div 5

s 13

s 13(2) amended by 40/2006 s 8 12.4.2007

s 13(3) and (4) deleted by 38/1995 Sch 2 1.7.1995

s 13A inserted by 66/1998 s 11 1.7.1998

s 13A(2) amended by 39/2001 s 7 1.7.2002

amended by 40/2006 s 9 12.4.2007

Pt 3 heading substituted by 39/2001 s 8 1.7.2002

Pt 3 Div 1 amended by 25/1997 s 16 1.7.1995

substituted by 66/1998 s 12 1.7.1998

s 14

s 14(2a) inserted by 25/2008 s 34(1) 1.7.2008

s 14(9) inserted by 56/2000 s 5 10.8.2000

amended by 25/2008 s 34(2) 1.7.2008

s 14(10) inserted by 49/2003 s 18 18.12.2003

s 14(10a) inserted by 51/2004 s 26(1) 13.1.2005

substituted by 25/2008 s 34(3) 1.7.2008

s 14(11) inserted by 49/2003 s 18 18.12.2003

amended by 51/2004 s 26(2), (3) 13.1.2005

s 15A inserted by 87/1999 s 4 23.12.1999

deleted by 59/2003 s 5 1.7.2003

inserted by 40/2006 s 10 1.2.2007

s 15B inserted by 56/2000 s 6 10.8.2000

s 15B(1) substituted by 40/2006 s 11(1) 1.2.2007

s 15B(5) amended by 40/2006 s 11(2) 1.2.2007

s 15B(6) inserted by 40/2006 s 11(3) 1.2.2007

s 15C inserted by 25/2008 s 35 1.7.2008

s 16

s 16(5) and (6) inserted by 51/2004 s 27 13.1.2005

s 16(7) inserted by 25/2008 s 36 1.7.2008

Pt 3 Div 2 heading substituted by 39/2001 s 9 1.7.2002

s 20 inserted by 25/2008 s 37 1.7.2008

s 21 inserted by 39/2001 s 10 1.7.2002

s 21(2) amended by 49/2003 s 19 18.12.2003

amended by 59/2003 s 6 1.7.2003

substituted by 51/2004 s 28 13.1.2005

substituted by 40/2006 s 12 1.2.2007 except s 21(2)(b)—12.4.2007

amended by 25/2008 s 38 1.7.2008

s 22

s 22(1) substituted by 39/2001 s 11(a) 1.7.2002

amended by 40/2006 s 13(1) 1.2.2007

amended by 25/2008 s 39(1), (2) 1.7.2008

s 22(1a) inserted by 66/1998 s 13(a) 1.7.1998

amended by 39/2001 s 11(b) 1.7.2002

amended by 40/2006 s 13(1) 1.2.2007

s 22(1ab) inserted by 40/2006 s 13(2) 1.2.2007

s 22(1b) inserted by 66/1998 s 13(a) 1.7.1998

amended by 39/2001 s 11(c) 1.7.2002

amended by 49/2003 s 20 18.12.2003

amended by 59/2003 s 7 1.7.2003

substituted by 51/2004 s 29 13.1.2005

amended by 40/2006 s 13(1), (3) 1.2.2007

s 22(2) amended by 39/2001 s 11(d) 1.7.2002

amended by 40/2006 s 13(1) 1.2.2007

s 22(3) substituted by 39/2001 s 11(e) 1.7.2002

amended by 40/2006 s 13(1), Sch 2 1.2.2007

deleted by 25/2008 s 39(3) 1.7.2008

s 22(4) amended by 66/1998 s 13(b) 1.7.1998

s 22(7) amended by 39/2001 s 11(f) 1.7.2002

amended by 40/2006 s 13(1) 1.2.2007

s 22(8) inserted by 66/1998 s 13(c) 1.7.1998

amended by 39/2001 s 11(g) 1.7.2002

amended by 40/2006 s 13(1) 1.2.2007

s 22(9) inserted by 39/2001 s 11(h) 1.7.2002

amended by 40/2006 s 13(1) 1.2.2007

s 23 amended by 66/1998 s 14 1.7.1998

substituted by 39/2001 s 12 1.7.2002

s 23(1) amended by 40/2006 s 14 1.2.2007

amended by 25/2008 s 40(1) 1.7.2008

s 23(2) amended by 40/2006 s 14, Sch 2 1.2.2007

deleted by 25/2008 s 40(2) 1.7.2008

s 23(4) amended by 40/2006 s 14 1.2.2007

ss 23A and 23B inserted by 25/2008 s 41 1.7.2008

s 24 substituted by 39/2001 s 13 1.7.2002

s 24(1), (2) and (4) amended by 40/2006 s 15 1.2.2007

s 24A inserted by 39/2001 s 13 1.7.2002

s 24A(1), (2) and (5) amended by 40/2006 s 16 1.2.2007

Pt 3 Div 3

s 25

s 25(1) amended by 66/1998 s 15(a) 1.7.1998

amended by 56/2000 s 7(a) 10.8.2000

substituted by 40/2006 s 17(1) 1.2.2007

s 25(2) substituted by 66/1998 s 15(b) 1.7.1998

amended by 49/2003 s 21 18.12.2003

substituted by 51/2004 s 30 13.1.2005

amended by 40/2006 s 17(2) 1.2.2007

s 25(3) amended by 40/2006 Sch 2 1.2.2007

amended by 25/2008 s 42(1) 1.7.2008

s 25(3a) inserted by 25/1997 s 17(a) 1.7.1995

amended by 40/2006 Sch 2 1.2.2007

substituted by 25/2008 s 42(2) 1.7.2008

s 25(4a) inserted by 25/2008 s 42(3) 1.7.2008

s 25(5) amended by 25/1997 s 17(b) 1.7.1995

substituted by 66/1998 s 15(c) 1.7.1998

amended by 25/2008 s 42(4) 1.7.2008

s 25(6) substituted by 66/1998 s 15(c) 1.7.1998

substituted by 56/2000 s 7(b) 10.8.2000

s 25(7) substituted by 66/1998 s 15(c) 1.7.1998

substituted by 56/2000 s 7(c) 10.8.2000

s 25(7a) inserted by 66/1998 s 15(c) 1.7.1998

deleted by 56/2000 s 7(c) 10.8.2000

s 25(8) amended by 66/1998 s 15(d) 1.7.1998

substituted by 56/2000 s 7(c) 10.8.2000

s 25(8a) inserted by 66/1998 s 15(e) 1.7.1998

deleted by 56/2000 s 7(c) 10.8.2000

s 25(9) amended by 56/2000 s 7(d) 10.8.2000

s 25(10) inserted by 56/2000 s 7(e) 10.8.2000

s 25A

s 25A inserted by 66/1998 s 16 1.7.1998

s 25A(1) amended by 56/2000 s 8 10.8.2000

s 25A(1a) inserted by 39/2001 s 14(a) 27.9.2001

s 25A(2) amended by 39/2001 s 14(b) 27.9.2001

Pt 3 Div 4

s 26

s 26(1) amended by 56/2000 s 9(a) 10.8.2000

amended by 39/2001 s 15 27.9.2001

s 26(1a) inserted by 56/2000 s 9(b) 10.8.2000

s 26(2) amended by 56/2000 s 9(c) 10.8.2000

s 26(2a) inserted by 49/2003 s 22 18.12.2003

amended by 4/2008 s 5 1.7.2008

Pt 3A inserted by 40/2006 s 18 12.4.2007

Pt 3A Div 1

s 26A

eligible member amended by 25/2008 s 43 1.7.2008

Pt 3A Div 2

s 26D

s 26D(2) amended by 4/2008 s 6 1.7.2008

Pt 3A Div 4

s 26J

s 26J(1) and (2) amended by 25/2008 s 44 1.7.2008

Pt 4

s 27 amended by 25/1997 s 18 24.4.1997

substituted by 66/1998 s 17 1.7.1998

s 27(2) amended by 56/2000 s 10(a), (b) 10.8.2000

s 27(2a) inserted by 56/2000 s 10(c) 10.8.2000

s 27(2b) inserted by 56/2000 s 10(c) 10.8.2000

amended by 25/2008 s 45(1), (2) 1.7.2008

s 27(7) substituted by 56/2000 s 10(d) 10.8.2000

amended by 39/2001 s 16(a) 1.7.2002

amended by 40/2006 s 19(1), (2) 1.2.2007

s 27(7a) inserted by 56/2000 s 10(d) 10.8.2000

substituted by 40/2006 s 19(3) 1.2.2007

amended by 25/2008 s 45(3) 1.7.2008

s 27(8) substituted by 39/2001 s 16(b) 1.7.2002

s 27(9) substituted by 40/2006 s 19(4) 1.2.2007

s 27(11) inserted by 49/2003 s 23 18.12.2003

amended by 25/2008 s 45(4) 1.7.2008

s 28 deleted by 66/1998 s 18 1.7.1998

s 29 deleted by 25/1997 s 19 24.4.1997

Pt 5

s 30 substituted by 66/1998 s 19 1.7.1998

co-contribution component inserted by 51/2004 s 31 13.1.2005

the future service benefit factor deleted by 39/2001 s 17 1.7.2002

ss 30A and 30B inserted by 4/2008 s 7 1.7.2008

s 31

s 31(1) amended by 66/1998 s 20(a) 1.7.1998

substituted by 51/2004 s 32(1) 13.1.2005

s 31(1a) inserted by 66/1998 s 20(b) 1.7.1998

amended by 51/2004 s 32(2) 13.1.2005

s 31(2) amended by 25/2008 s 46 1.7.2008

s 32

s 32(1) amended by 66/1998 s 21(a) 1.7.1998

amended by 25/2008 s 47 1.7.2008

s 32(2) amended by 66/1998 s 21(b) 1.7.1998

amended by 25/2008 s 47 1.7.2008

s 32(2a) inserted by 66/1998 s 21(c) 1.7.1998

amended by 25/2008 s 47 1.7.2008

s 32(2b) inserted by 51/2004 s 33(1) 13.1.2005

amended by 25/2008 s 47 1.7.2008

s 32(3) amended by 66/1998 s 21(d) 1.7.1998

s 32(4) substituted by 66/1998 s 21(e) 1.7.1998

amended by 51/2004 s 33(2), (3) 13.1.2005

s 32(6) substituted by 66/1998 s 21(f) 1.7.1998

amended by 51/2004 s 33(4) 13.1.2005

s 32(6a) inserted by 66/1998 s 21(f) 1.7.1998

amended by 51/2004 s 33(5) 13.1.2005

s 32(7) amended by 66/1998 s 21(g), (h) 1.7.1998

amended by 51/2004 s 33(6) 13.1.2005

s 32(8) substituted by 66/1998 s 21(i) 1.7.1998

substituted by 51/2004 s 33(7) 13.1.2005

s 32(9) amended by 66/1998 s 21(j), (k) 1.7.1998

amended by 51/2004 s 33(8) 13.1.2005

s 32(10) substituted by 66/1998 s 21(l) 1.7.1998

substituted by 51/2004 s 33(9) 13.1.2005

s 32(11) substituted by 66/1998 s 21(m) 1.7.1998

amended by 25/2008 s 47 1.7.2008

s 33

s 33(1) amended by 66/1998 s 22(a) 1.7.1998

substituted by 51/2004 s 34(1) 13.1.2005

s 33(2) substituted by 66/1998 s 22(b) 1.7.1998

amended by 51/2004 s 34(2) 13.1.2005

s 33A inserted by 66/1998 s 23 1.7.1998

s 33A(1) substituted by 40/2006 s 20(1) 1.2.2007

s 33A(1a) inserted by 40/2006 s 20(1) 1.2.2007

s 33A(2) amended by 40/2006 s 20(2) 1.2.2007

s 33A(4) substituted by 56/2000 s 11 10.8.2000

substituted by 40/2006 s 20(3) 1.2.2007

s 33A(4a)—(4c) inserted by 40/2006 s 20(3) 1.2.2007

s 33A(5) substituted by 56/2000 s 11 10.8.2000

amended by 39/2001 s 18(a) 1.7.2002

amended by 40/2006 s 20(4), Sch 2 1.2.2007

amended by 25/2008 s 48(1) 1.7.2008

s 33A(6) substituted by 39/2001 s 18(b) 1.7.2002

amended by 40/2006 s 20(5) 1.2.2007

s 33A(7) amended by 40/2006 s 20(6) 1.2.2007

s 33A(9) amended by 40/2006 s 20(7) 1.2.2007

s 33A(10) amended by 40/2006 s 20(8) 1.2.2007

s 33A(14) inserted by 40/2006 s 20(9) 1.2.2007 except s 33A(14)(a)—12.4.2007

s 33A(15)—(22) inserted by 40/2006 s 20(9) 1.2.2007

s 33A(23) inserted by 25/2008 s 48(2) 1.7.2008

s 34

s 34(1) amended by 66/1998 s 24(a), (b) 1.7.1998

amended by 39/2001 s 19(a) 27.9.2001

amended by 39/2001 s 19(b) 1.7.2002

amended by 51/2004 s 35(1) 13.1.2005

amended by 40/2006 s 21(1), (2) 1.2.2007

s 34(2) substituted by 66/1998 s 24(c) 1.7.1998

substituted by 39/2001 s 19(c) 1.7.2002

amended by 40/2006 s 21(3) 1.2.2007

s 34(3) substituted by 66/1998 s 24(c) 1.7.1998

substituted by 39/2001 s 19(c) 1.7.2002

amended by 40/2006 s 21(4) 1.2.2007

s 34(3a) and (3b) inserted by 66/1998 s 24(c) 1.7.1998

deleted by 39/2001 s 19(d) 1.7.2002

s 34(4) deleted by 39/2001 s 19(d) 27.9.2001

s 34(5) substituted by 66/1998 s 24(d) 1.7.1998

deleted by 39/2001 s 19(d) 1.7.2002

s 34(5a) inserted by 66/1998 s 24(d) 1.7.1998

deleted by 39/2001 s 19(d) 1.7.2002

s 34(6) amended by 40/2006 Sch 2 1.2.2007

S amended by 40/2006 Sch 2 1.2.2007

s 34(6a) inserted by 66/1998 s 24(e) 1.7.1998

amended by 51/2004 s 35(2), (3) 13.1.2005

s 34(6b) inserted by 25/2008 s 49(1) 1.7.2008

s 34(10) inserted by 25/2008 s 49(2) 1.7.2008

s 35

s 35(2) amended by 66/1998 s 25(a) 1.7.1998

amended by 39/2001 s 20(a) 1.7.2002

amended by 51/2004 s 36(1) 13.1.2005

amended by 40/2006 s 22 1.2.2007

s 35(2a) inserted by 49/2003 s 24 18.12.2003

s 35(3) substituted by 66/1998 s 25(b) 1.7.1998

amended by 39/2001 s 20(b)—(d) 1.7.2002

amended by 40/2006 s 22 1.2.2007

s 35(4) substituted by 66/1998 s 25(b) 1.7.1998

substituted by 39/2001 s 20(e) 1.7.2002

amended by 40/2006 s 22 1.2.2007

s 35(4aa) inserted by 39/2001 s 20(e) 1.7.2002

s 35(4a) and (4b) inserted by 66/1998 s 25(b) 1.7.1998

deleted by 39/2001 s 20(f) 1.7.2002

s 35(5) deleted by 39/2001 s 20(f) 27.9.2001

s 35(6) substituted by 66/1998 s 25(c) 1.7.1998

deleted by 39/2001 s 20(f) 1.7.2002

s 35(6a) inserted by 66/1998 s 25(c) 1.7.1998

deleted by 39/2001 s 20(f) 1.7.2002

s 35(7) amended by 40/2006 Sch 2 1.2.2007

S amended by 40/2006 Sch 2 1.2.2007

s 35(7a) inserted by 66/1998 s 25(d) 1.7.1998

amended by 51/2004 s 36(2), (3) 13.1.2005

s 35(7b) inserted by 25/2008 s 50 1.7.2008

s 35(9) inserted by 39/2001 s 20(g) 1.7.2002

amended by 40/2006 s 22 1.2.2007

s 35AA inserted by 37/2004 s 14 19.8.2004

s 35AA(3a) inserted by 40/2006 s 23 1.2.2007

ss 35AAB and 35AAC inserted by 37/2004 s 14 19.8.2004

Pt 5A inserted by 49/2003 s 25 18.12.2003

s 35B

member inserted by 40/2006 s 24 12.4.2007

s 35E

s 35E(2) amended by 51/2004 s 37 13.1.2005

s 35E(5) and (6) inserted by 4/2008 s 8 1.7.2008

s 35F substituted by 51/2004 s 38 13.1.2005

Pt 6

s 36 substituted by 66/1998 s 26 1.7.1998

s 36(1) s 36 amended by 39/2001 s 21 1.7.2002

s 36 amended by 40/2006 s 25 1.2.2007

s 36 redesignated as s 36(1) by 25/2008 s 51 1.7.2008

s 36(2) inserted by 25/2008 s 51 1.7.2008

s 38

s 38(1) and (2) amended by 40/2006 Sch 2 1.2.2007

s 38(3)

the PSESS Scheme deleted by 66/1998 s 27 1.7.1998

s 39 amended by 40/2006 Sch 2 1.2.2007

s 40

s 40(1) amended by 66/1998 s 28 1.7.1998

amended by 4/2000 s 9(1) (Sch 1 cl 39(a)) 1.6.2000

s 40(2) deleted by 4/2000 s 9(1) (Sch 1 cl 39(b)) 1.6.2000

s 40(3) deleted by 4/2000 s 9(1) (Sch 1 cl 39(c)) 1.6.2000

s 40(4) amended by 4/2000 s 9(1) (Sch 1 cl 39(d)) 1.6.2000

s 41

s 41(1) amended by 37/2004 s 15(1) 19.8.2004

amended by 40/2006 s 26(1) 12.4.2007

s 41(2) amended by 40/2006 s 26(2) 12.4.2007

s 41(3) amended by 66/1998 s 29 1.7.1998

s 41(6) and (7) inserted by 37/2004 s 15(2) 19.8.2004

s 43

s 43(1), (4) and (5) amended by 40/2006 s 27 12.4.2007

s 45 amended by 40/2006 s 28 12.4.2007

s 47 amended by 40/2006 s 29 12.4.2007

s 47A inserted by 66/1998 s 30 1.7.1998

s 47A(1) amended by 40/2006 s 30(1) 1.2.2007

s 47A(1a) inserted by 49/2003 s 26 18.12.2003

s 47A(2) amended by 40/2006 s 30(2), (3) 12.4.2007

s 47B inserted by 66/1998 s 30 1.7.1998

s 47B(1) amended by 40/2006 s 31(1) 1.2.2007

s 47B(1a) inserted by 40/2006 s 31(2) 1.2.2007

s 47B(2) amended by 40/2006 s 31(3) 1.2.2007

s 47B(3) substituted by 40/2006 s 31(4) 1.2.2007

s 47B(5) amended by 40/2006 s 31(5) 1.2.2007

s 47B(8)

public sector superannuation beneficiary substituted by 40/2006 s 31(6) 1.2.2007

public sector superannuation scheme inserted by 40/2006 s 31(6) 1.2.2007

s 47BA inserted by 40/2006 s 32 12.4.2007

s 47C inserted by 66/1998 s 30 1.7.1998

s 48

s 48(1) s 48 amended and redesignated as s 48(1) by 40/2006 s 33(1)—(4) 1.2.2007

s 48(2)—(5) inserted by 40/2006 s 33(4) 1.2.2007

s 49

s 49(2) amended by 66/1998 s 31 1.7.1998

s 49(3) inserted by 49/2003 s 27 18.12.2003

Sch 3 inserted by 66/1998 s 32 1.7.1998

Pt 1

heading inserted by 25/2008 s 52(1) 1.7.2008

cl 1 omitted under Legislation Revision and Publication Act 2002 3.7.2003

cl 11 inserted by 39/2001 s 22 1.7.2002

cl 11(2), (4) and (5) amended by 40/2006 s 34 1.2.2007

cl 12 inserted by 59/2003 s 8 1.7.2003

cl 13 inserted by 51/2004 s 39 3.7.2003

Pt 2 inserted by 25/2008 s 52(2) 1.7.2008

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.

Southern State Superannuation (Insurance, Spouse Accounts and Other Measures) Amendment Act 2006, Sch 1

1—Transitional provision

The amendments made by this Act to the principal Act apply as follows:
(a)the amendment made by section 10 of this Act (so as to insert a new section 15A) only applies in relation to an election to make a contribution to the Treasurer, or a payment by an employer to the Treasurer, as the case may be, made after the commencement of this Act;
(b)the amendments—
(i)made by section 20(1), (3) and (6) of this Act apply with respect to an incapacity for work that commences after the commencement of this Act;
(ii)made by section 20(2), (7) and (8) of this Act extend to a person who, immediately before the commencement of this Act, is being paid a disability pension under section 33A of the principal Act (but otherwise do not have any effect with respect to an incapacity for work that commenced before the commencement of this Act);
(c)the amendment made by section 21 of this Act applies with respect to a termination of employment that occurs after the commencement of this Act.
A person under the age of 65 years whose basic or voluntary invalidity/death insurance cover (within the meaning of the principal Act) ceased before the commencement of this Act only because the person had reached a particular age will be covered by the basic or voluntary invalidity/death insurance that applied in relation to the person before he or she reached that age, subject to the same terms, conditions and restrictions, as if the relevant provisions of the principal Act, as amended by this Act, had been in operation before the person's cover ceased.
Subsections (2) and (3) of section 48 of the principal Act (as enacted by this Act) do not apply with respect to a matter where the relevant time limit expired, or the procedural step was required to be taken, before the commencement of this subclause unless the South Australian Superannuation Board is satisfied, on application by a person seeking to obtain the benefit of this subclause, that the failure to comply with the time limit or procedural step was attributable to a person's physical or mental disability at the relevant time.
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with subclause (1), (2) or (3), apply to any amendment made by this Act.
In this clause—
principal Act means the Southern State Superannuation Act 1994.

Statutes Amendment (Domestic Partners) Act 2006

198—Transitional provision
An amendment made by a provision of this Act to a provision of the Southern State Superannuation Act 1994 that relates to the payment of a lump sum or other benefit to a person on the death of a member applies only if the death occurs after the commencement of the amendment.

Historical versions

Retrospective amendment not included in Reprints 9 and 10 (see 51/2004)

Reprint No 1—1.7.1995

Reprint No 2—24.4.1997

Reprint No 3—1.7.1998

Reprint No 4—23.12.99

Reprint No 5—1.6.2000

Reprint No 6—10.8.2000

Reprint No 7—27.9.2001

Reprint No 8—1.7.2002

Reprint No 9—3.7.2003

Reprint No 10—18.12.2003

19.8.2004

13.1.2005

1.2.2007

12.4.2007

1.6.2007

Year	No	Title	Assent	Commencement
1994	66	Southern State Superannuation Act 1994	3.11.1994	1.7.1995: 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	25	Statutes Amendment (Superannuation) Act 1997	10.4.1997	ss 16 & 17—1.7.1995: s 2(2); ss 12—15 and 18 & 19—24.4.1997 (Gazette 24.4.1997 p1618)
1998	66	Southern State Superannuation (Merger of Schemes) Amendment Act 1998	10.9.1998	1.7.1998: s 2
1999	86	Southern State Superannuation (Salary) Amendment Act 1999	2.12.1999	1.12.1999: s 2
1999	87	Statutes Amendment (Visiting Medical Officers Superannuation) Act 1999	2.12.1999	Pt 2 (s 4)—23.12.1999 (Gazette 23.12.1999 p3670)
2000	4	District Court (Administrative and Disciplinary Division) Amendment Act 2000	20.4.2000	Sch 1 (cl 39)—1.6.2000 (Gazette 18.5.2000 p2554)
2000	56	Southern State Superannuation (Contributions) Amendment Act 2000	20.7.2000	10.8.2000 (Gazette 10.8.2000 p444)
2001	39	Southern State Superannuation (Invalidity/Death Insurance) Amendment Act 2001	3.8.2001	27.9.2001 (Gazette 27.9.2001 p4296) except ss 3(a), (b), (d)—(f), 4—13, 16—18, 19(b), (c), 19(d) (except the part that strikes out s 34(4)), 20(a)—(e), 20(f) (except the part that strikes out s 35(5)), 20(g), 21 and 22—1.7.2002 (Gazette 27.6.2002 p2681)
2003	13	Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003	12.6.2003	Pt 4 (ss 9 & 10)—3.7.2003 (Gazette 3.7.2003 p2877)
2003	49	Statutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003	20.11.2003	Pt 5 (ss 15—27) and Sch 1—18.12.2003 (Gazette 18.12.2003 p4527)
2003	59	Southern State Superannuation (Visiting Medical Officers) Amendment Act 2003	11.12.2003	1.7.2003: s 2
2004	37	Statutes Amendment (Miscellaneous Superannuation Measures) Act 2004	5.8.2004	Pt 3 (ss 13—15)—19.8.2004 (Gazette 19.8.2004 p3280)
2004	51	Statutes Amendment (Miscellaneous Superannuation Measures No 2) Act 2004	16.12.2004	Pt 5 (s 39)—3.7.2003: s 2(3); Pt 5 (ss 20—38)—13.1.2005 (Gazette 13.1.2005 p69)
2006	40	Southern State Superannuation (Insurance, Spouse Accounts and Other Measures) Amendment Act 2006	14.12.2006	1.2.2007 (Gazette 25.1.2007 p277) except ss 4(4), (8), 5, 7—9, new s 21(2)(b) (as inserted by s 12), 18, new s 33A(14)(a) (as inserted by s 20), 24, 26—29, 30(2), (3) & 32—12.4.2007 (Gazette 12.4.2007 p1161)
2006	43	Statutes Amendment (Domestic Partners) Act 2006	14.12.2006	Pt 81 (ss 196—198)—1.6.2007 (Gazette 26.4.2007 p1352)
2008	4	Statutes Amendment (Transition to Retirement—State Superannuation) Act 2008	13.3.2008	Pt 2 (ss 4—8)—1.7.2008 (Gazette 26.6.2008 p2554)
2008	25	Statutes Amendment (Police Superannuation) Act 2008	26.6.2008	Pt 3 (ss 30—52)—1.7.2008 (Gazette 26.6.2008 p2554)

Provision	How varied	Commencement
Pt 1
s 2	omitted under Legislation Revision and Publication Act 2002	3.7.2003
s 3
s 3(1)
additional invalidity/death insurance	inserted by 39/2001 s 3(a)	1.7.2002
deleted by 40/2006 s 4(1)	1.2.2007
additional invalidity/death insurance benefits	inserted by 39/2001 s 3(a)	1.7.2002
deleted by 40/2006 s 4(1)	1.2.2007
annual employer contribution	deleted by 66/1998 s 3(a)	1.7.1998
actuary	inserted by 66/1998 s 3(a)	1.7.1998
basic future service benefit	substituted by 66/1998 s 3(b)	1.7.1998
deleted by 39/2001 s 3(b)	1.7.2002
basic invalidity/death insurance	inserted by 39/2001 s 3(b)	1.7.2002
basic invalidity death insurance benefits	inserted by 39/2001 s 3(b)	1.7.2002
charge percentage	amended by 66/1998 s 3(c), (d)	1.7.1998
amended by 56/2000 s 3(a)	10.8.2000
amended by 59/2003 s 4(1), (2)	1.7.2003
co-contribution	inserted by 51/2004 s 20(1)	13.1.2005
co-contribution account	inserted by 51/2004 s 20(1)	13.1.2005
contributions	inserted by 39/2001 s 3(c)	27.9.2001
amended by 40/2006 s 4(2)	1.2.2007
deferred superannuation contributions surcharge	inserted by 37/2004 s 13(1)	19.8.2004
employment to which this Act applies	amended by 66/1998 s 3(e)	1.7.1998
amended by 51/2004 s 20(2)	13.1.2005
future service benefit	deleted by 39/2001 s 3(d)	1.7.2002
invalidity/death insurance benefits	inserted by 39/2001 s 3(e)	1.7.2002
amended by 40/2006 s 4(3)	1.2.2007
member	amended by 40/2006 s 4(4)	12.4.2007
member's contribution account	amended by 66/1998 s 3(f)	1.7.1998
member of the police force	deleted by 40/2006 Sch 2	1.2.2007
monetary salary	inserted by 56/2000 s 3(b)	10.8.2000
non-monetary remuneration	inserted by 86/1999 s 3(a)	1.12.1999
deleted by 40/2006 s 4(5)	1.2.2007
non-monetary salary	inserted by 56/2000 s 3(c)	10.8.2000
substituted by 40/2006 s 4(5)	1.2.2007
notional salary	inserted by 66/1998 s 3(g)	1.7.1998
police cadet	amended by 40/2006 Sch 2	1.2.2007
police member	inserted by 25/2008 s 30(1)	1.7.2008
Police Superannuation Scheme	inserted by 25/2008 s 30(1)	1.7.2008
preservation age	inserted by 4/2008 s 4(1)	1.7.2008
the PSESS Scheme	inserted by 66/1998 s 3(h)	1.7.1998
putative spouse	inserted by 13/2003 s 9	3.7.2003
substituted by 43/2006 s 196	1.6.2007
retirement age	inserted by 25/2008 s 30(2)	1.7.2008
rollover account	inserted by 66/1998 s 3(i)	1.7.1998
substituted by 49/2003 s 15(1)	18.12.2003
salary	amended by 86/1999 s 3(b)	1.12.1999
amended by 40/2006 s 4(6)	1.2.2007
(a) deleted by 40/2006 s 4(7)	1.2.2007
the SIS Act	inserted by 66/1998 s 3(j)	1.7.1998
special deposit account	inserted by 25/1997 s 12	24.4.1997
spouse account	inserted by 40/2006 s 4(8)	12.4.2007
spouse member	inserted by 40/2006 s 4(8)	12.4.2007
the Superannuation Funds Management Corporation of South Australia	inserted by 38/1995 Sch 2	1.7.1995
teaching hospital	inserted by 59/2003 s 4(3)	1.7.2003
Superannuation Contributions Tax Act	inserted by 37/2004 s 13(2)	19.8.2004
supplementary future service benefit	substituted by 66/1998 s 3(k)	1.7.1998
deleted by 39/2001 s 3(f)	1.7.2002
supplementary future service benefit member	deleted by 39/2001 s 3(f)	1.7.2002
surcharge notice	inserted by 37/2004 s 13(3)	19.8.2004
the Trust	deleted by 38/1995 Sch 2	1.7.1995
the Triple S scheme	inserted by 66/1998 s 3(l)	1.7.1998
visiting medical officer	inserted by 59/2003 s 4(4)	1.7.2003
voluntary invalidity/death insurance	inserted by 40/2006 s 4(9)	1.2.2007
voluntary invalidity/death insurance benefits	inserted by 40/2006 s 4(9)	1.2.2007
s 3(3)	deleted by 66/1998 s 3(m)	1.7.1998
inserted by 86/1999 s 3(c)	1.12.1999
substituted by 56/2000 s 3(d)	10.8.2000
substituted by 40/2006 s 4(10)	1.2.2007
s 3(3a)—(3c)	inserted by 86/1999 s 3(c)	1.12.1999
deleted by 40/2006 s 4(10)	1.2.2007
s 3(4a)	inserted by 66/1998 s 3(n)	1.7.1998
s 3(4b)	inserted by 4/2008 s 4(2)	1.7.2008
s 3(5)	amended by 66/1998 s 3(o), (p)	1.7.1998
amended by 40/2006 s 4(11), (12)	1.2.2007
s 3(6) and (7)	inserted by 66/1998 s 3(q)	1.7.1998
s 3(8)	inserted by 49/2003 s 15(2)	18.12.2003
s 3A	inserted by 13/2003 s 10	3.7.2003
s 3A(1)	substituted by 43/2006 s 197	1.6.2007
s 3B	inserted by 13/2003 s 10	3.7.2003
Pt 2
Pt 2 Div 1
s 4
s 4(3)	amended by 38/1995 Sch 2	1.7.1995
s 4(4)	amended by 25/1997 s 13(a)	24.4.1997
amended by 40/2006 s 5(1)	12.4.2007
s 4(4a)	inserted by 66/1998 s 4	1.7.1998
s 4(4b)	inserted by 51/2004 s 21	13.1.2005
amended by 40/2006 s 5(2)	12.4.2007
amended by 25/2008 s 31	1.7.2008
s 4(6)	amended by 25/1997 s 13(b)	24.4.1997
s 4(7)	amended by 38/1995 Sch 2	1.7.1995
s 5
s 5(1) and (2)	amended by 38/1995 Sch 2	1.7.1995
s 5(3)—(5)	deleted by 38/1995 Sch 2	1.7.1995
s 6	deleted by 38/1995 Sch 2	1.7.1995
Pt 2 Div 2	heading amended by 66/1998 s 5	1.7.1998
heading substituted by 51/2004 s 22	13.1.2005
s 7
s 7(1)	substituted by 66/1998 s 6(a)	1.7.1998
substituted by 25/2008 s 32(1)	1.7.2008
s 7(2)	substituted by 25/2008 s 32(1)	1.7.2008
s 7(2a) and (2b)	inserted by 66/1998 s 6(b)	1.7.1998
deleted by 25/2008 s 32(1)	1.7.2008
s 7(2c)	inserted by 51/2004 s 23(1)	13.1.2005
amended by 25/2008 s 32(2)	1.7.2008
s 7(3)	deleted by 66/1998 s 6(c)	1.7.1998
inserted by 49/2003 s 16	18.12.2003
amended by 51/2004 s 23(2), (3)	13.1.2005
substituted by 40/2006 s 6	1.2.2007
s 7(3a)	inserted by 51/2004 s 23(4)	13.1.2005
s 7(4)	deleted by 66/1998 s 6(d)	1.7.1998
inserted by 49/2003 s 16	18.12.2003
s 7(5)	inserted by 51/2004 s 23(5)	13.1.2005
s 7(5)—(7)	deleted by 66/1998 s 6(d)	1.7.1998
s 7A	inserted by 66/1998 s 7	1.7.1998
s 7A(1)	amended by 51/2004 s 24(1)	13.1.2005
s 7A(4)	amended by 51/2004 s 24(2)	13.1.2005
s 7B	inserted by 66/1998 s 7	1.7.1998
s 8
s 8(1)	substituted by 40/2006 s 7	12.4.2007
s 8(1a)	inserted by 40/2006 s 7	12.4.2007
Pt 2 Div 3
s 9
s 9(2)	amended by 66/1998 s 8	1.7.1998
amended by 56/2000 s 4	10.8.2000
amended by 25/2008 s 33(1)	1.7.2008
(ab) deleted by 25/2008 s 31(2)	1.7.2008
s 9(3)	substituted by 25/1997 s 14	24.4.1997
amended by 39/2001 s 4	1.7.2002
s 10
s 10(1a)	inserted by 39/2001 s 5	1.7.2002
s 11
s 11(1)	amended by 66/1998 s 9(a)	1.7.1998
s 11(2)	amended by 66/1998 s 9(b)	1.7.1998
Pt 2 Div 4
s 12
s 12(1)	amended by 25/1997 s 15(a)	24.4.1997
amended by 49/2003 s 17	18.12.2003
s 12(2)	amended by 25/1997 s 15(b)	24.4.1997
substituted by 66/1998 s 10	1.7.1998
substituted by 51/2004 s 25	13.1.2005
s 12(3)	amended by 25/1997 s 15(b)	24.4.1997
amended by 39/2001 s 6(a)	1.7.2002
s 12(4)	amended by 39/2001 s 6(b), (c)	1.7.2002
amended by 40/2006 Sch 2	1.2.2007
Pt 2 Div 5
s 13
s 13(2)	amended by 40/2006 s 8	12.4.2007
s 13(3) and (4)	deleted by 38/1995 Sch 2	1.7.1995
s 13A	inserted by 66/1998 s 11	1.7.1998
s 13A(2)	amended by 39/2001 s 7	1.7.2002
amended by 40/2006 s 9	12.4.2007
Pt 3	heading substituted by 39/2001 s 8	1.7.2002
Pt 3 Div 1	amended by 25/1997 s 16	1.7.1995
substituted by 66/1998 s 12	1.7.1998
s 14
s 14(2a)	inserted by 25/2008 s 34(1)	1.7.2008
s 14(9)	inserted by 56/2000 s 5	10.8.2000
amended by 25/2008 s 34(2)	1.7.2008
s 14(10)	inserted by 49/2003 s 18	18.12.2003
s 14(10a)	inserted by 51/2004 s 26(1)	13.1.2005
substituted by 25/2008 s 34(3)	1.7.2008
s 14(11)	inserted by 49/2003 s 18	18.12.2003
amended by 51/2004 s 26(2), (3)	13.1.2005
s 15A	inserted by 87/1999 s 4	23.12.1999
deleted by 59/2003 s 5	1.7.2003
inserted by 40/2006 s 10	1.2.2007
s 15B	inserted by 56/2000 s 6	10.8.2000
s 15B(1)	substituted by 40/2006 s 11(1)	1.2.2007
s 15B(5)	amended by 40/2006 s 11(2)	1.2.2007
s 15B(6)	inserted by 40/2006 s 11(3)	1.2.2007
s 15C	inserted by 25/2008 s 35	1.7.2008
s 16
s 16(5) and (6)	inserted by 51/2004 s 27	13.1.2005
s 16(7)	inserted by 25/2008 s 36	1.7.2008
Pt 3 Div 2	heading substituted by 39/2001 s 9	1.7.2002
s 20	inserted by 25/2008 s 37	1.7.2008
s 21	inserted by 39/2001 s 10	1.7.2002
s 21(2)	amended by 49/2003 s 19	18.12.2003
amended by 59/2003 s 6	1.7.2003
substituted by 51/2004 s 28	13.1.2005
substituted by 40/2006 s 12	1.2.2007 except s 21(2)(b)—12.4.2007
amended by 25/2008 s 38	1.7.2008
s 22
s 22(1)	substituted by 39/2001 s 11(a)	1.7.2002
amended by 40/2006 s 13(1)	1.2.2007
amended by 25/2008 s 39(1), (2)	1.7.2008
s 22(1a)	inserted by 66/1998 s 13(a)	1.7.1998
amended by 39/2001 s 11(b)	1.7.2002
amended by 40/2006 s 13(1)	1.2.2007
s 22(1ab)	inserted by 40/2006 s 13(2)	1.2.2007
s 22(1b)	inserted by 66/1998 s 13(a)	1.7.1998
amended by 39/2001 s 11(c)	1.7.2002
amended by 49/2003 s 20	18.12.2003
amended by 59/2003 s 7	1.7.2003
substituted by 51/2004 s 29	13.1.2005
amended by 40/2006 s 13(1), (3)	1.2.2007
s 22(2)	amended by 39/2001 s 11(d)	1.7.2002
amended by 40/2006 s 13(1)	1.2.2007
s 22(3)	substituted by 39/2001 s 11(e)	1.7.2002
amended by 40/2006 s 13(1), Sch 2	1.2.2007
deleted by 25/2008 s 39(3)	1.7.2008
s 22(4)	amended by 66/1998 s 13(b)	1.7.1998
s 22(7)	amended by 39/2001 s 11(f)	1.7.2002
amended by 40/2006 s 13(1)	1.2.2007
s 22(8)	inserted by 66/1998 s 13(c)	1.7.1998
amended by 39/2001 s 11(g)	1.7.2002
amended by 40/2006 s 13(1)	1.2.2007
s 22(9)	inserted by 39/2001 s 11(h)	1.7.2002
amended by 40/2006 s 13(1)	1.2.2007
s 23	amended by 66/1998 s 14	1.7.1998
substituted by 39/2001 s 12	1.7.2002
s 23(1)	amended by 40/2006 s 14	1.2.2007
amended by 25/2008 s 40(1)	1.7.2008
s 23(2)	amended by 40/2006 s 14, Sch 2	1.2.2007
deleted by 25/2008 s 40(2)	1.7.2008
s 23(4)	amended by 40/2006 s 14	1.2.2007
ss 23A and 23B	inserted by 25/2008 s 41	1.7.2008
s 24	substituted by 39/2001 s 13	1.7.2002
s 24(1), (2) and (4)	amended by 40/2006 s 15	1.2.2007
s 24A	inserted by 39/2001 s 13	1.7.2002
s 24A(1), (2) and (5)	amended by 40/2006 s 16	1.2.2007
Pt 3 Div 3
s 25
s 25(1)	amended by 66/1998 s 15(a)	1.7.1998
amended by 56/2000 s 7(a)	10.8.2000
substituted by 40/2006 s 17(1)	1.2.2007
s 25(2)	substituted by 66/1998 s 15(b)	1.7.1998
amended by 49/2003 s 21	18.12.2003
substituted by 51/2004 s 30	13.1.2005
amended by 40/2006 s 17(2)	1.2.2007
s 25(3)	amended by 40/2006 Sch 2	1.2.2007
amended by 25/2008 s 42(1)	1.7.2008
s 25(3a)	inserted by 25/1997 s 17(a)	1.7.1995
amended by 40/2006 Sch 2	1.2.2007
substituted by 25/2008 s 42(2)	1.7.2008
s 25(4a)	inserted by 25/2008 s 42(3)	1.7.2008
s 25(5)	amended by 25/1997 s 17(b)	1.7.1995
substituted by 66/1998 s 15(c)	1.7.1998
amended by 25/2008 s 42(4)	1.7.2008
s 25(6)	substituted by 66/1998 s 15(c)	1.7.1998
substituted by 56/2000 s 7(b)	10.8.2000
s 25(7)	substituted by 66/1998 s 15(c)	1.7.1998
substituted by 56/2000 s 7(c)	10.8.2000
s 25(7a)	inserted by 66/1998 s 15(c)	1.7.1998
deleted by 56/2000 s 7(c)	10.8.2000
s 25(8)	amended by 66/1998 s 15(d)	1.7.1998
substituted by 56/2000 s 7(c)	10.8.2000
s 25(8a)	inserted by 66/1998 s 15(e)	1.7.1998
deleted by 56/2000 s 7(c)	10.8.2000
s 25(9)	amended by 56/2000 s 7(d)	10.8.2000
s 25(10)	inserted by 56/2000 s 7(e)	10.8.2000
s 25A
s 25A	inserted by 66/1998 s 16	1.7.1998
s 25A(1)	amended by 56/2000 s 8	10.8.2000
s 25A(1a)	inserted by 39/2001 s 14(a)	27.9.2001
s 25A(2)	amended by 39/2001 s 14(b)	27.9.2001
Pt 3 Div 4
s 26
s 26(1)	amended by 56/2000 s 9(a)	10.8.2000
amended by 39/2001 s 15	27.9.2001
s 26(1a)	inserted by 56/2000 s 9(b)	10.8.2000
s 26(2)	amended by 56/2000 s 9(c)	10.8.2000
s 26(2a)	inserted by 49/2003 s 22	18.12.2003
amended by 4/2008 s 5	1.7.2008
Pt 3A	inserted by 40/2006 s 18	12.4.2007
Pt 3A Div 1
s 26A
eligible member	amended by 25/2008 s 43	1.7.2008
Pt 3A Div 2
s 26D
s 26D(2)	amended by 4/2008 s 6	1.7.2008
Pt 3A Div 4
s 26J
s 26J(1) and (2)	amended by 25/2008 s 44	1.7.2008
Pt 4
s 27	amended by 25/1997 s 18	24.4.1997
substituted by 66/1998 s 17	1.7.1998
s 27(2)	amended by 56/2000 s 10(a), (b)	10.8.2000
s 27(2a)	inserted by 56/2000 s 10(c)	10.8.2000
s 27(2b)	inserted by 56/2000 s 10(c)	10.8.2000
amended by 25/2008 s 45(1), (2)	1.7.2008
s 27(7)	substituted by 56/2000 s 10(d)	10.8.2000
amended by 39/2001 s 16(a)	1.7.2002
amended by 40/2006 s 19(1), (2)	1.2.2007
s 27(7a)	inserted by 56/2000 s 10(d)	10.8.2000
substituted by 40/2006 s 19(3)	1.2.2007
amended by 25/2008 s 45(3)	1.7.2008
s 27(8)	substituted by 39/2001 s 16(b)	1.7.2002
s 27(9)	substituted by 40/2006 s 19(4)	1.2.2007
s 27(11)	inserted by 49/2003 s 23	18.12.2003
amended by 25/2008 s 45(4)	1.7.2008
s 28	deleted by 66/1998 s 18	1.7.1998
s 29	deleted by 25/1997 s 19	24.4.1997
Pt 5
s 30	substituted by 66/1998 s 19	1.7.1998
co-contribution component	inserted by 51/2004 s 31	13.1.2005
the future service benefit factor	deleted by 39/2001 s 17	1.7.2002
ss 30A and 30B	inserted by 4/2008 s 7	1.7.2008
s 31
s 31(1)	amended by 66/1998 s 20(a)	1.7.1998
substituted by 51/2004 s 32(1)	13.1.2005
s 31(1a)	inserted by 66/1998 s 20(b)	1.7.1998
amended by 51/2004 s 32(2)	13.1.2005
s 31(2)	amended by 25/2008 s 46	1.7.2008
s 32
s 32(1)	amended by 66/1998 s 21(a)	1.7.1998
amended by 25/2008 s 47	1.7.2008
s 32(2)	amended by 66/1998 s 21(b)	1.7.1998
amended by 25/2008 s 47	1.7.2008
s 32(2a)	inserted by 66/1998 s 21(c)	1.7.1998
amended by 25/2008 s 47	1.7.2008
s 32(2b)	inserted by 51/2004 s 33(1)	13.1.2005
amended by 25/2008 s 47	1.7.2008
s 32(3)	amended by 66/1998 s 21(d)	1.7.1998
s 32(4)	substituted by 66/1998 s 21(e)	1.7.1998
amended by 51/2004 s 33(2), (3)	13.1.2005
s 32(6)	substituted by 66/1998 s 21(f)	1.7.1998
amended by 51/2004 s 33(4)	13.1.2005
s 32(6a)	inserted by 66/1998 s 21(f)	1.7.1998
amended by 51/2004 s 33(5)	13.1.2005
s 32(7)	amended by 66/1998 s 21(g), (h)	1.7.1998
amended by 51/2004 s 33(6)	13.1.2005
s 32(8)	substituted by 66/1998 s 21(i)	1.7.1998
substituted by 51/2004 s 33(7)	13.1.2005
s 32(9)	amended by 66/1998 s 21(j), (k)	1.7.1998
amended by 51/2004 s 33(8)	13.1.2005
s 32(10)	substituted by 66/1998 s 21(l)	1.7.1998
substituted by 51/2004 s 33(9)	13.1.2005
s 32(11)	substituted by 66/1998 s 21(m)	1.7.1998
amended by 25/2008 s 47	1.7.2008
s 33
s 33(1)	amended by 66/1998 s 22(a)	1.7.1998
substituted by 51/2004 s 34(1)	13.1.2005
s 33(2)	substituted by 66/1998 s 22(b)	1.7.1998
amended by 51/2004 s 34(2)	13.1.2005
s 33A	inserted by 66/1998 s 23	1.7.1998
s 33A(1)	substituted by 40/2006 s 20(1)	1.2.2007
s 33A(1a)	inserted by 40/2006 s 20(1)	1.2.2007
s 33A(2)	amended by 40/2006 s 20(2)	1.2.2007
s 33A(4)	substituted by 56/2000 s 11	10.8.2000
substituted by 40/2006 s 20(3)	1.2.2007
s 33A(4a)—(4c)	inserted by 40/2006 s 20(3)	1.2.2007
s 33A(5)	substituted by 56/2000 s 11	10.8.2000
amended by 39/2001 s 18(a)	1.7.2002
amended by 40/2006 s 20(4), Sch 2	1.2.2007
amended by 25/2008 s 48(1)	1.7.2008
s 33A(6)	substituted by 39/2001 s 18(b)	1.7.2002
amended by 40/2006 s 20(5)	1.2.2007
s 33A(7)	amended by 40/2006 s 20(6)	1.2.2007
s 33A(9)	amended by 40/2006 s 20(7)	1.2.2007
s 33A(10)	amended by 40/2006 s 20(8)	1.2.2007
s 33A(14)	inserted by 40/2006 s 20(9)	1.2.2007 except s 33A(14)(a)—12.4.2007
s 33A(15)—(22)	inserted by 40/2006 s 20(9)	1.2.2007
s 33A(23)	inserted by 25/2008 s 48(2)	1.7.2008
s 34
s 34(1)	amended by 66/1998 s 24(a), (b)	1.7.1998
amended by 39/2001 s 19(a)	27.9.2001
amended by 39/2001 s 19(b)	1.7.2002
amended by 51/2004 s 35(1)	13.1.2005
amended by 40/2006 s 21(1), (2)	1.2.2007
s 34(2)	substituted by 66/1998 s 24(c)	1.7.1998
substituted by 39/2001 s 19(c)	1.7.2002
amended by 40/2006 s 21(3)	1.2.2007
s 34(3)	substituted by 66/1998 s 24(c)	1.7.1998
substituted by 39/2001 s 19(c)	1.7.2002
amended by 40/2006 s 21(4)	1.2.2007
s 34(3a) and (3b)	inserted by 66/1998 s 24(c)	1.7.1998
deleted by 39/2001 s 19(d)	1.7.2002
s 34(4)	deleted by 39/2001 s 19(d)	27.9.2001
s 34(5)	substituted by 66/1998 s 24(d)	1.7.1998
deleted by 39/2001 s 19(d)	1.7.2002
s 34(5a)	inserted by 66/1998 s 24(d)	1.7.1998
deleted by 39/2001 s 19(d)	1.7.2002
s 34(6)	amended by 40/2006 Sch 2	1.2.2007
S	amended by 40/2006 Sch 2	1.2.2007
s 34(6a)	inserted by 66/1998 s 24(e)	1.7.1998
amended by 51/2004 s 35(2), (3)	13.1.2005
s 34(6b)	inserted by 25/2008 s 49(1)	1.7.2008
s 34(10)	inserted by 25/2008 s 49(2)	1.7.2008
s 35
s 35(2)	amended by 66/1998 s 25(a)	1.7.1998
amended by 39/2001 s 20(a)	1.7.2002
amended by 51/2004 s 36(1)	13.1.2005
amended by 40/2006 s 22	1.2.2007
s 35(2a)	inserted by 49/2003 s 24	18.12.2003
s 35(3)	substituted by 66/1998 s 25(b)	1.7.1998
amended by 39/2001 s 20(b)—(d)	1.7.2002
amended by 40/2006 s 22	1.2.2007
s 35(4)	substituted by 66/1998 s 25(b)	1.7.1998
substituted by 39/2001 s 20(e)	1.7.2002
amended by 40/2006 s 22	1.2.2007
s 35(4aa)	inserted by 39/2001 s 20(e)	1.7.2002
s 35(4a) and (4b)	inserted by 66/1998 s 25(b)	1.7.1998
deleted by 39/2001 s 20(f)	1.7.2002
s 35(5)	deleted by 39/2001 s 20(f)	27.9.2001
s 35(6)	substituted by 66/1998 s 25(c)	1.7.1998
deleted by 39/2001 s 20(f)	1.7.2002
s 35(6a)	inserted by 66/1998 s 25(c)	1.7.1998
deleted by 39/2001 s 20(f)	1.7.2002
s 35(7)	amended by 40/2006 Sch 2	1.2.2007
S	amended by 40/2006 Sch 2	1.2.2007
s 35(7a)	inserted by 66/1998 s 25(d)	1.7.1998
amended by 51/2004 s 36(2), (3)	13.1.2005
s 35(7b)	inserted by 25/2008 s 50	1.7.2008
s 35(9)	inserted by 39/2001 s 20(g)	1.7.2002
amended by 40/2006 s 22	1.2.2007
s 35AA	inserted by 37/2004 s 14	19.8.2004
s 35AA(3a)	inserted by 40/2006 s 23	1.2.2007
ss 35AAB and 35AAC	inserted by 37/2004 s 14	19.8.2004
Pt 5A	inserted by 49/2003 s 25	18.12.2003
s 35B
member	inserted by 40/2006 s 24	12.4.2007
s 35E
s 35E(2)	amended by 51/2004 s 37	13.1.2005
s 35E(5) and (6)	inserted by 4/2008 s 8	1.7.2008
s 35F	substituted by 51/2004 s 38	13.1.2005
Pt 6
s 36	substituted by 66/1998 s 26	1.7.1998
s 36(1)	s 36 amended by 39/2001 s 21	1.7.2002
s 36 amended by 40/2006 s 25	1.2.2007
s 36 redesignated as s 36(1) by 25/2008 s 51	1.7.2008
s 36(2)	inserted by 25/2008 s 51	1.7.2008
s 38
s 38(1) and (2)	amended by 40/2006 Sch 2	1.2.2007
s 38(3)
the PSESS Scheme	deleted by 66/1998 s 27	1.7.1998
s 39	amended by 40/2006 Sch 2	1.2.2007
s 40
s 40(1)	amended by 66/1998 s 28	1.7.1998
amended by 4/2000 s 9(1) (Sch 1 cl 39(a))	1.6.2000
s 40(2)	deleted by 4/2000 s 9(1) (Sch 1 cl 39(b))	1.6.2000
s 40(3)	deleted by 4/2000 s 9(1) (Sch 1 cl 39(c))	1.6.2000
s 40(4)	amended by 4/2000 s 9(1) (Sch 1 cl 39(d))	1.6.2000
s 41
s 41(1)	amended by 37/2004 s 15(1)	19.8.2004
amended by 40/2006 s 26(1)	12.4.2007
s 41(2)	amended by 40/2006 s 26(2)	12.4.2007
s 41(3)	amended by 66/1998 s 29	1.7.1998
s 41(6) and (7)	inserted by 37/2004 s 15(2)	19.8.2004
s 43
s 43(1), (4) and (5)	amended by 40/2006 s 27	12.4.2007
s 45	amended by 40/2006 s 28	12.4.2007
s 47	amended by 40/2006 s 29	12.4.2007
s 47A	inserted by 66/1998 s 30	1.7.1998
s 47A(1)	amended by 40/2006 s 30(1)	1.2.2007
s 47A(1a)	inserted by 49/2003 s 26	18.12.2003
s 47A(2)	amended by 40/2006 s 30(2), (3)	12.4.2007
s 47B	inserted by 66/1998 s 30	1.7.1998
s 47B(1)	amended by 40/2006 s 31(1)	1.2.2007
s 47B(1a)	inserted by 40/2006 s 31(2)	1.2.2007
s 47B(2)	amended by 40/2006 s 31(3)	1.2.2007
s 47B(3)	substituted by 40/2006 s 31(4)	1.2.2007
s 47B(5)	amended by 40/2006 s 31(5)	1.2.2007
s 47B(8)
public sector superannuation beneficiary	substituted by 40/2006 s 31(6)	1.2.2007
public sector superannuation scheme	inserted by 40/2006 s 31(6)	1.2.2007
s 47BA	inserted by 40/2006 s 32	12.4.2007
s 47C	inserted by 66/1998 s 30	1.7.1998
s 48
s 48(1)	s 48 amended and redesignated as s 48(1) by 40/2006 s 33(1)—(4)	1.2.2007
s 48(2)—(5)	inserted by 40/2006 s 33(4)	1.2.2007
s 49
s 49(2)	amended by 66/1998 s 31	1.7.1998
s 49(3)	inserted by 49/2003 s 27	18.12.2003
Sch 3	inserted by 66/1998 s 32	1.7.1998
Pt 1
heading	inserted by 25/2008 s 52(1)	1.7.2008
cl 1	omitted under Legislation Revision and Publication Act 2002	3.7.2003
cl 11	inserted by 39/2001 s 22	1.7.2002
cl 11(2), (4) and (5)	amended by 40/2006 s 34	1.2.2007
cl 12	inserted by 59/2003 s 8	1.7.2003
cl 13	inserted by 51/2004 s 39	3.7.2003
Pt 2	inserted by 25/2008 s 52(2)	1.7.2008