Southern State Superannuation (Fund Selection and Other Matters) Amendment Regulations 2022 (SA)
South Australia
Southern State Superannuation (Fund Selection and Other Matters) Amendment Regulations 2022
under the Southern State Superannuation Act 2009
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Southern State Superannuation Regulations 2009 commencing on 1 April 2022
4 Amendment of regulation 6—Employment matters
5 Amendment of regulation 9—Membership
6 Amendment of regulation 14—Duration of membership
7 Amendment of regulation 16—Contribution, co-contribution and rollover accounts
8 Amendment of regulation 24—Spouse members and spouse accounts (section 19 of Act)
9 Amendment of regulation 28—Default invalidity/death insurance
10 Amendment of regulation 38—Persons not entitled to disability pension
11 Amendment of regulation 30—Application for additional invalidity/death insurance
12 Amendment of regulation 36B—Maximum level of income protection
13 Amendment of regulation 44—Interpretation
14 Amendment of regulation 47—Terms and conditions
15 Amendment of regulation 58—Invalidity or terminal illness
16 Amendment of regulation 73A—Medical information for invalidity and terminal illness benefits
17 Amendment of regulation 76—Liabilities may be set off against benefits
Part 3—Amendment of Southern State Superannuation Regulations 2009 commencing on later day
18 Amendment of regulation 3—Interpretation
19 Amendment of regulation 6—Employment matters
20 Amendment of regulation 7—Employer contribution percentage
21 Amendment of regulation 9—Membership
22 Amendment of regulation 13B—Members of Super SA Select
23 Amendment of regulation 14—Duration of membership
24 Amendment of regulation 15—Members to whom section 21 does not apply
25 Amendment of regulation 16—Contribution, co-contribution and rollover accounts
26 Amendment of regulation 17—Contributions (section 20 of Act)
27 Amendment of regulation 18—Prescribed rate of contributions (section 20 of Act)
28 Insertion of Part 2A
Part 2A—Portability and fund selection
Division 1—General
25A Definitions (section 21A of Act)
25B Transfer of funds (section 21B of Act)
25C Exclusion from operation of section 21C of Act
25D Employer obligations (section 21E of Act)
25E Matters affecting eligibility of funds (section 21F of Act)
25F Commencement of membership if direction given under section 21G of Act
25G Fund selection takes effect when first contribution made
Division 2—Insurance and income protection
25H Operation of insurance and income protection provisions
25I Effect of fund selection on entitlement to insurance and income protection
29 Amendment of regulation 36—Disability pension
30 Amendment of regulation 39—Payment of premiums by members
31 Amendment of regulation 43—Payment of premiums by spouse members
32 Amendment of regulation 47—Terms and conditions
33 Repeal of regulation 53
34 Amendment of regulation 58—Invalidity or terminal illness
35 Amendment of regulation 59—Death of member
36 Insertion of regulation 59A
59A Special benefit for members aged 65 or over
37 Amendment of regulation 63—Benefits for spouse members
38 Amendment of regulation 68—Effect on member's entitlement
39 Amendment of regulation 76—Liabilities may be set off against benefits
40 Amendment of regulation 78—Information to be given to certain members
Schedule 1—Transitional provisions
1 Interpretation
2 Time limits (regulations 4 and 15)
3 Continuing operation of regulation 53 of principal regulations
Part 1—Preliminary
1—Short title
These regulations may be cited as the Southern State Superannuation (Fund Selection and Other Matters) Amendment Regulations 2022.
2—Commencement
Subject to subregulation (2), these regulations come into operation on 1 April 2022.
(2)Part 3 and Schedule 1 clause 3 come into operation on the day on which section 10 of the Statutes Amendment (Fund Selection and Other Superannuation Matters) Act 2021 comes into operation.
3—Amendment provisions
In these regulations, a provision under a heading referring to the amendment of specified regulations amends the regulations so specified.
Part 2—Amendment of Southern State Superannuation Regulations 2009 commencing on 1 April 2022
4—Amendment of regulation 6—Employment matters
Regulation 6(6)—delete subregulation (6)
5—Amendment of regulation 9—Membership
Regulation 9(2)—delete "satisfy" and substitute:
ensure that the Crown or an agency or instrumentality of the Crown satisfies
6—Amendment of regulation 14—Duration of membership
Regulation 14(1)—delete "A person" and substitute:
Despite any other provision of these regulations, a person
Regulation 14(1)—delete "under this Division" second occurring
7—Amendment of regulation 16—Contribution, co-contribution and rollover accounts
Regulation 16(7)—delete subregulation (7) and substitute:
(7)The Board may fix an administrative charge and apply it to any account or accounts maintained by the Board on behalf of a member by deduction of a fixed fee from, or adjustment to the investment returns allocated to, the account or accounts.
Regulation 16—after subregulation (9) insert:
(9a)An administrative charge fixed and applied under this regulation may comprise a fee for the provision to a member of financial advice by financial planners authorised by the Board
Regulation 16(11)—delete subregulation (11) and substitute:
(11)The Board must keep a record of the aggregate of the amounts of premiums debited against accounts under this regulation.
8—Amendment of regulation 24—Spouse members and spouse accounts (section 19 of Act)
Regulation 24(6)—delete subregulation (6) and substitute:
(6)The Board may fix an administrative charge and apply it to any account or accounts maintained by the Board on behalf of a spouse member by deduction of a fixed fee from, or adjustment to the investment returns allocated to, the account or accounts.
Regulation 24(7)—delete "debited against" and substitute:
applied to
Regulation 24(7)—after "co-contribution account" insert:
by deduction of a fixed fee from the account
Regulation 24—after subregulation (7) insert:
(7a)An administrative charge fixed and applied under this regulation may comprise a fee for the provision to a spouse member of financial advice by financial planners authorised by the Board
9—Amendment of regulation 28—Default invalidity/death insurance
Regulation 28(2)(a)—after "or (8)" insert:
or 14(1)
10—Amendment of regulation 38—Persons not entitled to disability pension
Regulation 38(b)—after "or (8)" insert:
or 14(1)
11—Amendment of regulation 30—Application for additional invalidity/death insurance
Regulation 30—after subregulation (4) insert:
(4a)A person who is a member of the scheme by virtue only of regulation 14(1) is not entitled to additional invalidity/death insurance and any additional invalidity/death insurance cover held by a person if and when they become a member of the scheme by virtue only of regulation 14(1) is cancelled.
12—Amendment of regulation 36B—Maximum level of income protection
Regulation 36B(3)—after "maximum salary" second occurring insert:
income protection
13—Amendment of regulation 44—Interpretation
Regulation 44, definition of public sector superannuation scheme—delete the definition and substitute:
public sector superannuation scheme means—
(a)a scheme of superannuation established under the Act or under another Act; or
(b)Super SA Select; or
(c)another scheme of superannuation established for the benefit of employees of an agency or instrumentality of the Crown.
14—Amendment of regulation 47—Terms and conditions
Regulation 47(11)(b)—delete paragraph (b) and substitute:
(b)unless the insured has engaged in employment for an average of 9 or more hours per week in any 6 month period in the 2 year period prior to making a claim in respect of the invalidity.
15—Amendment of regulation 58—Invalidity or terminal illness
Regulation 58(14)—delete subregulation (14)
16—Amendment of regulation 73A—Medical information for invalidity and terminal illness benefits
Regulation 73A(3)—after "invalidity" insert:
, or a disability pension,
17—Amendment of regulation 76—Liabilities may be set off against benefits
Regulation 76—after its present contents (now to be designated as subregulation (1)) insert:
(2)An amount overpaid to a person under the Act or these regulations is a debt due to the Treasurer and constitutes a liability of the person for the purposes of subregulation (1).
Part 3—Amendment of Southern State Superannuation Regulations 2009 commencing on later day
18—Amendment of regulation 3—Interpretation
Regulation 3(1), definition of retirement age—delete the definition and substitute:
retirement age of a person means—
(a)in the case of a police officer—the age of 50 years; and
(b)in any other case—the age of 55 years;
Regulation 3(1)—after the definition of terminal illness insert:
transitional member—see regulation 9(1a);
19—Amendment of regulation 6—Employment matters
Regulation 6(1)—delete subregulation (1) and substitute:
(1)If a person resigns from a particular position, or a person's employment in a particular position is terminated, so that they can take up some other position in employment to which the Act applies, or so that they can take up employment in the same position but on a different basis, the resignation or termination will, for the purposes of the Act and these regulations, be ignored unless there is an interval of more than 1 month between the time the resignation or termination takes effect and the commencement of the new employment.
Regulation 6(2)—delete "member" and substitute:
person
Regulation 6(2)—delete "member's" wherever occurring and substitute in each case:
person's
Regulation 6(3)—delete "member" wherever occurring and substitute in each case:
person
Regulation 6(4)—after "purposes of" insert:
the Act and
Regulation 6(4)—after "to a member" insert:
(other than a transitional member)
Regulation 6(4)(a)(ib)—after "member may" insert:
, subject to Part 2A Division 2,
Regulation 6(7)—delete subregulation (7) and substitute:
(7)If, during the period of 12 months referred to in subregulation (4)(a)—
(a)all benefits payable under the Act or these regulations to, on behalf of or in respect of the member are paid; or
(b)all amounts standing to the credit of the member's accounts are rolled over to another superannuation fund (other than Super SA Select); or
(c)where the member is a member of the Triple S scheme by virtue of regulation 13B—all amounts standing to the credit of accounts established in Super SA Select on behalf of the member are rolled over to another superannuation fund (other than the Triple S scheme) or all benefits payable from Super SA Select to, on behalf of or in respect of the member are paid,
subregulation (4) will cease to operate in relation to the member.
(8)For the purposes of the Act and these regulations, a transitional member who is employed as a casual employee, and a person employed as a casual employee who makes a fund selection, will, despite any cessation of their membership of the Triple S scheme (if applicable), be taken to remain in employment for a period of 12 months after the last time that they performed work for their employer, and the fund selection made by the person in connection with that employment will therefore continue to apply (subject to any action occurring under Part 3A Division 3 of the Act in relation to the fund selection) in respect of that employment for the duration of that 12 month period.
(9)Subregulation (8) does not affect the application of subregulation (4) to a member.
20—Amendment of regulation 7—Employer contribution percentage
Regulation 7(1)—delete "member" first and second occurring and substitute in each case:
person
Regulation 7(1)(a)—delete "member" wherever occurring and substitute in each case:
person
Regulation 7(2)—delete "his or her employer" and substitute:
an employer that is required to make contributions to the Treasurer on behalf of the member under section 21 of the Act
21—Amendment of regulation 9—Membership
Regulation 9—after subregulation (1) insert:
(1a)If—
(a)a member of the Triple S scheme makes a fund selection to a fund other than Super SA Select before their employer makes a contribution on behalf of the member under section 21 of the Act; and
(b)the first contribution made by the employer on behalf of the member is to the member's selected fund; and
(c)there are no amounts standing to the credit of any accounts maintained by the Board on behalf of the member under section 12 of the Act,
the member ceases to be a member of the scheme on the day on which the contribution referred to in paragraph (b) is made and is, until that time, a transitional member of the scheme for the purposes of these regulations.
22—Amendment of regulation 13B—Members of Super SA Select
Regulation 13B(1) and (2)—delete subregulations (1) and (2) and substitute:
(1)Pursuant to section 19(3)(a) of the Act, if a person in respect of whom an employer is required to pay an amount under section 21 of the Act makes a fund selection to Super SA Select, the person is (despite section 19(2)(a) and (b) of the Act) a member of the Triple S scheme.
(2)A person's membership of the Triple S scheme under subregulation (1) is not affected by the person making a subsequent fund selection to another fund.
(2a)However—
(a)if the person's employment with the employer in connection with which the fund selection to Super SA Select was made terminates, membership of the Triple S scheme under subregulation (1) in respect of that employment will cease and the fund selection to Super SA Select will no longer apply; and
(b)if the person's employment with the employer in connection with which the fund selection to Super SA Select was made has not terminated but their membership of Super SA Select ceases, the person's membership of the Triple S scheme under subregulation (1) in connection with the same employment ceases unless and until they again become a member of Super SA Select by virtue of a fund selection made in connection with that employment.
Regulation 13B—delete subregulation (3) and substitute:
(3)If a Super SA Select member is a member of the Triple S scheme by virtue of subregulation (1)—
(a)the Board must continue to maintain an employer contribution account in the member's name from which insurance premiums payable by the member, and the disability pension premium, will be debited in accordance with regulation 39; and
(b)the member is entitled to—
(i)payment, in accordance with Part 4, of the balance of each account maintained for the member by the Board as required under section 12 of the Act; and
(ii)default invalidity/death insurance and additional invalidity/death insurance taken out under Part 3 Division 2 Subdivision 2 or 3 (if any); and
(iii)subject to Part 3 Division 2 Subdivisions 4 and 4A, a disability pension or police disability pension,
but is not entitled to any other benefits under the Act.
(4)Despite section 19(2)(a) of the Act, if a member of Super SA Select engages in employment to which the Act applies, the Act applies to the person in respect of that employment as if they were not a member of Super SA Select unless and until they fall within the ambit of subregulation (1) by virtue of having made a fund selection to Super SA Select in respect of that employment.
23—Amendment of regulation 14—Duration of membership
Regulation 14—after subregulation (7) insert:
(8)If a person who has made a fund selection ceases to be a member of the scheme under section 19(2)(b) of the Act because they have opted to have all amounts standing to the credit of their accounts rolled over to a complying superannuation fund, their membership ceases on the day on which the amounts are paid by the Board to the complying superannuation fund.
24—Amendment of regulation 15—Members to whom section 21 does not apply
Regulation 15(2)—delete subregulation (2)
25—Amendment of regulation 16—Contribution, co-contribution and rollover accounts
Regulation 16(3)—delete "A member's" and substitute:
Subject to subregulation (3a), a member's
Regulation 16—after subregulation (3) insert:
(3a)If there are insufficient funds in a member's employer contribution account to enable debiting of a charge, premium or other payment under subregulation (3), the member's employee contribution account, rollover account or co-contribution account may be debited with the charge, premium or payment.
(3b)However, an administrative charge may not be debited against a member's co-contribution account under subregulation (3a) if the credit balance of the member's employer contribution account, employee contribution account or rollover account (if any) is sufficient to pay the administrative charge.
Regulation 16(8)—delete subregulation (8)
26—Amendment of regulation 17—Contributions (section 20 of Act)
Regulation 17(2a)—delete subregulation (2a)
27—Amendment of regulation 18—Prescribed rate of contributions (section 20 of Act)
Regulation 18—delete "required to contribute" and substitute:
required, subject to subregulation (2), to make contributions to the Treasurer
Regulation 18—after its present contents as amended by this regulation (now to be designated as subregulation (1)) insert:
(2)If a member to whom subregulation (1) applies has made a fund selection, and the member's selected fund is Super SA Select, the member must make the contributions required under subregulation (1) to Super SA Select rather than the Treasurer.
28—Insertion of Part 2A
After Part 2 insert:
Part 2A—Portability and fund selection
Division 1—General
25A—Definitions (section 21A of Act)
(1)For the purposes of the definition of designated member in section 21A of the Act, the following members are prescribed:
(a)a police member;
(b)a member employed by SA Ambulance Service to whom regulation 18 applies.
(2)For the purposes of paragraph (c) of the definition of eligible fund in section 21A of the Act, Super SA Select is prescribed.
25B—Transfer of funds (section 21B of Act)
(1)Subject to subregulation (2), only 1 application to transfer funds may be made by a member under section 21B(1) of the Act in a financial year.
(2)The Board may permit a member to make more than 1 application to transfer funds under section 21B(1) of the Act in a financial year if the Board considers that the member's circumstances are exceptional.
(3)An application to transfer funds under section 21B(1) of the Act may not be made in relation to an amount that is less than the minimum transfer amount fixed by the Board for the purposes of this regulation.
(4)If a member applies to the Board under section 21B of the Act to transfer an amount standing to the credit of an account maintained by the Board on behalf of the member to Super SA Select, the Board may not accept the application unless the member is a member of Super SA Select at the time the application is made.
(5)For the purposes of section 21B(3)(a) of the Act, $25 000 is prescribed as the minimum amount.
(6)The Board may determine the eligible contribution account or accounts from which amounts are to be deducted on behalf of a member for the purposes of section 21B of the Act.
25C—Exclusion from operation of section 21C of Act
Pursuant to section 21C(1)(c) of the Act, persons who are members of the Triple S scheme solely by virtue of regulation 9(2), (5) or (8) are excluded from the operation of that section.
25D—Employer obligations (section 21E of Act)
A notification required to be given by a person's employer to the Board under section 21E(3) of the Act must be given within 14 days of the day on which the employer first makes a contribution to the person's selected fund.
25E—Matters affecting eligibility of funds (section 21F of Act)
(1)For the purposes of section 21F(c) of the Act, the prescribed period is 14 days from the day on which the person receives a fund selection notice from their employer (as required under section 21E(1)(c) of the Act).
(2)If, under section 21F of the Act, section 21 of the Act applies to a person as if a fund selection had not been made by the person, the person will, if they are not already a member of the Triple S scheme, become a member of the scheme on the day on which a contribution is first made on behalf of the member to the Treasurer by the member's employer pursuant to section 21 of the Act.
25F—Commencement of membership if direction given under section 21G of Act
If a person who gives a direction under section 21G(1) of the Act becomes a member of the Triple S scheme by virtue of subsection (3)(a) of that section, the person's membership of the scheme commences on the day on which the member's employer first makes a contribution on behalf of the member in accordance with subsection (3)(b) of that section.
25G—Fund selection takes effect when first contribution made
For the purposes of these regulations, if a person makes or varies a fund selection, the selection or variation takes effect on the day on which a contribution is first made by the employer of the person who made the selection or variation to the person's selected fund in accordance with the requirements of the Act.
Division 2—Insurance and income protection
25H—Operation of insurance and income protection provisions
(1)This regulation applies to—
(a)a person who has made or varied a fund selection or given a direction under section 21G of the Act; and
(b)a person to whom section 21 of the Act applies, as if the person had not made a fund selection, by virtue of the operation of section 21F of the Act.
(2)Part 3 and any other regulation relevant to insurance and income protection cover operate in relation to a person to whom this regulation applies, subject to regulation 25I.
(3)A premium for insurance or income protection cover paid or payable by a person to whom this regulation applies may be refunded or waived (as the case requires) in circumstances determined by the Board.
25I—Effect of fund selection on entitlement to insurance and income protection
(1)If—
(a)a person makes a fund selection under section 21C(5) of the Act to an eligible fund other than Super SA Select; or
(b)under section 21C(7) of the Act, a person varies a fund selection to Super SA Select by selecting another eligible fund (other than the Triple S scheme),
the following provisions apply:
(c)the person's entitlement to a disability pension under Part 3 Division 2 Subdivision 4 in connection with the employer to which the fund selection or variation relates will cease when the fund selection or variation takes effect;
(d)the fund selection or variation does not affect the person's entitlement to a disability pension insofar as that entitlement arises in connection with other employment to which the Act applies (but the person's salary from the employer to which the fund selection or variation relates is not to be taken into account when calculating the member's notional salary for the purposes of determining the amount of any such disability pension).
(2)If a person's membership of the Triple S scheme in connection with a particular employer under subregulation (1) ceases by virtue of regulation 13B(2a), but the person remains a member of the scheme, the person does not, despite any other provision of these regulations, have an entitlement to invalidity/death insurance unless the person has an entitlement to invalidity/death insurance that arises in connection with other employment to which the Act applies.
(3)If—
(a)a person—
(i)makes a fund selection under section 21C(5) of the Act from the Triple S scheme to Super SA Select; or
(ii)varies a fund selection to the Triple S scheme by selecting Super SA Select; or
(b)a person who has made a fund selection to Super SA Select—
(i)gives their employer a direction under section 21G of the Act for payments to be made on behalf of the person to the Triple S scheme; or
(ii)has their employer contributions redirected to the Triple S scheme by virtue of the operation of section 21F of the Act,
the following provisions apply:
(c)if the person—
(i)holds no invalidity/death insurance cover as a member of the Triple S scheme immediately before the effective day; but
(ii)is eligible for default invalidity/death insurance under regulation 28,
then, on and from the effective day, the person is entitled to default invalidity/death insurance under regulation 28;
(d)however, insurance benefits will not be payable to, or in connection with, a person who becomes entitled to default invalidity/death insurance under paragraph (c) in respect of a medical condition existing before the effective day unless the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months;
(e)if, immediately before the effective day, the person holds no income protection cover, the person will, subject to regulation 36(4), be entitled to income protection cover under Part 3 Division 2 Subdivision 4 on and from that day;
(f)however, a disability pension will not be payable to a person who becomes entitled to income protection cover under paragraph (e) in respect of incapacity for work arising from a medical condition existing before the effective day unless—
(i)the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; and
(ii)the incapacity for work occurs after the end of that 12 month period.
(4)If—
(a)a person's employer contributions are redirected to the Triple S scheme by virtue of the operation of section 21F of the Act; or
(b)a person, having made a fund selection to a fund other than Super SA Select, gives a direction to their employer under section 21G of the Act for payments to be made on behalf of the person to the Triple S scheme; or
(c)a person varies a fund selection under section 21C(7) of the Act by selecting Super SA Select,
the following provisions apply:
(d)if the person—
(i)holds no insurance cover as a member of the Triple S scheme immediately before the effective day; but
(ii)is eligible for default invalidity/death insurance under regulation 28,
then, on and from the effective day, the person is entitled to default invalidity/death insurance under regulation 28;
(e)however, insurance benefits will not be payable to, or in connection with, a member who becomes entitled to default invalidity/death insurance under paragraph (d) in respect of a medical condition existing before the effective day unless the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months;
(f)if the person holds income protection cover immediately before the effective day, the person's salary from the employer to which the relevant action under paragraph (a), (b) or (c) relates is to be taken into account on and from that day when calculating the person's notional salary for the purposes of determining the amount of any disability pension to which the person is entitled;
(g)however, the person's salary from the employer to which the relevant action under paragraph (a), (b) or (c) relates is not to be taken into account for the purposes of determining the amount of any disability pension payable in respect of a medical condition existing before the effective day unless—
(i)the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; and
(ii)the incapacity for work occurs after the end of that 12 month period;
(h)if, immediately before the effective day, the person holds no income protection cover, the person will, subject to regulation 36(4), be entitled to income protection cover under Part 3 Division 2 Subdivision 4 on and from that day;
(i)however, a disability pension will not be payable to a member who becomes entitled to income protection under paragraph (h) in respect of incapacity for work arising from a medical condition existing before the effective day unless—
(i)the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; and
(ii)the incapacity for work occurs after the end of that 12 month period.
(5)Despite any other provision of this regulation—
(a)a person who is a transitional member of the Triple S scheme is not required to pay premiums in respect of default invalidity/death insurance or income protection cover held by the person; and
(b)any entitlement of a person who is a transitional member of the Triple S scheme to default invalidity/death insurance or income protection cover comes to an end when the person's membership of the scheme ceases under regulation 9(1a); and
(c)if—
(i)a member of the scheme makes a fund selection to Super SA Select before their employer makes a contribution on behalf of the member under section 21 of the Act; and
(ii)the first contribution made by the employer on behalf of the member is to Super SA Select; and
(iii)there are no amounts standing to the credit of any accounts maintained by the Board on behalf of the member under section 12 of the Act,
the member is not required to pay premiums in respect of default invalidity/death insurance held by the person before the fund selection takes effect.
(6)A reference in this regulation to the effective day in connection with a fund selection, or action occurring under Part 3A Division 3 of the Act in relation to a fund selection, means—
(a)in the case of—
(i)redirection of a person's employer contributions to the Triple S scheme by virtue of the operation of section 21F of the Act; or
(ii)a direction given by a person to their employer under section 21G of the Act for payments to be made on behalf of the person to the Triple S scheme,
the day on which the first contribution is made to the Triple S scheme; and
(b)in the case of a fund selection under section 21C(5) of the Act or variation of a fund selection under section 21C(7) of the Act—the day on which the fund selection or variation takes effect.
29—Amendment of regulation 36—Disability pension
Regulation 36—after subregulation (4) insert:
(4a)If regulation 9(1)(a) ceases to apply to a person, the following provisions apply:
(a)if the person holds income protection cover immediately before the day on which regulation 9(1)(a) ceases to apply, the person's salary from the relevant employer is to be taken into account on and from that day when calculating the person's notional salary for the purpose of determining the amount of any disability pension to which the person is entitled;
(b)however, the person's salary from the relevant employer is not to be taken into account for the purposes of determining the amount of any disability pension payable in respect of a medical condition existing before the day on which regulation 9(1)(a) ceases to apply unless—
(i)the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; and
(ii)the incapacity for work occurs after the end of that 12 month period;
(c)if, immediately before the day on which regulation 9(1)(a) ceases to apply, the person holds no income protection cover, the person will, subject to subregulation (4), be entitled to income protection cover under Part 3 Division 2 Subdivision 4 on and from that day;
(d)however, a disability pension will not be payable to a member who becomes entitled to income protection under paragraph (c) in respect of incapacity for work arising from a medical condition existing before the day on which regulation 9(1)(a) ceases to apply unless—
(i)the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; and
(ii)the incapacity for work occurs after the end of that 12 month period.
30—Amendment of regulation 39—Payment of premiums by members
Regulation 39(1)—delete "employer contribution account" and substitute:
accounts
Regulation 39(2) and (3)—delete subregulations (2) and (3) and substitute:
(2)If the debiting of a premium for invalidity/death insurance under subregulation (1) would result in a debit balance in 1 or more of the member's accounts—
(a)premiums will be debited against the member's accounts to the extent of any credit balance in those accounts until the insurance is cancelled under paragraph (b); and
(b)the member's invalidity/death insurance is cancelled on the expiration of the designated period unless, before the end of that period, 1 or more of the member's accounts is sufficiently in credit for the purposes of this regulation.
(3)If the debiting of a disability pension premium under subregulation (1) would result in a debit balance in 1 or more of the member's accounts—
(a)premiums will be debited against the member's accounts to the extent of any credit balance in those accounts until the entitlement to a pension is cancelled under paragraph (b); and
(b)the member's entitlement to a disability pension in the event of incapacity for work is cancelled on the expiration of the designated period unless, before the end of that period, 1 or more of the member's accounts is sufficiently in credit for the purposes of this regulation.
(4)For the purposes of this regulation—
(a)the designated period is a period commencing on the day on which debiting of a premium would, if it were to occur, first result in a debit balance in an account of a member and ending on a day determined by the Board; and
(b)an account of a member is sufficiently in credit if there are sufficient funds in the account to satisfy any arrears in premiums between the day that the debiting of a premium would have first resulted in a debit balance in the account and the end of the designated period.
31—Amendment of regulation 43—Payment of premiums by spouse members
Regulation 43(2) and (3)—delete subregulations (2) and (3) and substitute:
(2)If the debiting of a premium for death insurance under subregulation (1) would result in a debit balance in 1 or more of the spouse member's accounts—
(a)premiums will be debited against the spouse member's accounts to the extent of any credit balance in those accounts until the insurance is cancelled under paragraph (b); and
(b)the spouse member's death insurance is cancelled on the expiration of the designated period unless, before the end of that period, 1 or more of the member's accounts is sufficiently in credit for the purposes of this regulation.
(3)For the purposes of this regulation—
(a)the designated period is a period commencing on the day on which debiting of a premium would, if it were to occur, first result in a debit balance in an account of a spouse member and ending on a day determined by the Board; and
(b)an account of a spouse member is sufficiently in credit if there are sufficient funds in the account to satisfy any arrears in premiums between the day that the debiting of a premium would have first resulted in a debit balance in the account and the end of the designated period.
32—Amendment of regulation 47—Terms and conditions
Regulation 47(4)(b)—delete paragraph (b) and substitute:
(b)the insurance is cancelled on the expiration of the designated period unless, before the end of that period, the insured's investment account is sufficiently in credit for the purposes of this subregulation.
Regulation 47(5)—delete subregulation (5) and substitute:
(5)For the purposes of subregulation (4)—
(a)the designated period is a period commencing on the day on which debiting of a premium would, if it were to occur, first result in a debit balance in an insured's investment account and ending on a day determined by the Board; and
(b)an investment account is sufficiently in credit if there are sufficient funds in the account to satisfy any arrears in premiums between the day that the debiting of a premium would have first resulted in a debit balance in the account and the end of the designated period.
33—Repeal of regulation 53
Regulation 53—delete the regulation
34—Amendment of regulation 58—Invalidity or terminal illness
Regulation 58(7)(c)—delete "paragraphs (d)" and substitute:
paragraphs (ca), (d)
Regulation 58(7)—after paragraph (c) insert:
(ca)to a member in relation to whom regulation 9(1)(a) has ceased to apply if—
(i)the member became entitled to default invalidity insurance on regulation 9(1)(a) ceasing to apply; and
(ii)the invalidity or terminal illness is attributable to a medical condition existing before the day on which that cessation occurred,
unless the member has, after regulation 9(1)(a) has ceased to apply, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; or
Regulation 58(9)—after paragraph (b) insert:
and
(c)if an amount standing to the credit of the member's employer contribution account or employee contribution account has been transferred to another complying fund under section 21B of the Act or taken as a cash withdrawal under regulation 59A, that amount will nevertheless be taken, for the purposes of determining benefits payable under subregulation (1), to have accumulated in the account as if the transfer or withdrawal had not been made; and
(d)in the case of a Super SA Select member—if an amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions has been transferred to another complying fund, or an amount has been paid to the member in cash prior to the termination of their employment, that amount will nevertheless be taken, for the purposes of paragraph (b)(iv), to have accumulated in the account as if the transfer or payment had not been made.
Regulations 58—after subregulation (9) insert:
(9aa)If a member is entitled to a payment under subregulation (8), and—
(a)an amount standing to the credit of the member's employer contribution account or employee contribution account has been transferred to another complying fund under section 21B of the Act; or
(b)the member has taken an amount as a cash withdrawal under regulation 59A; or
(c)if the member is a Super SA Select member—an amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions has been transferred to another complying fund,
the payment is to be reduced by the amount that would have accumulated in the relevant account if the transfer or withdrawal had not been made.
35—Amendment of regulation 59—Death of member
Regulation 59(4)—delete subregulation (4) and substitute:
(4)The default and additional death insurance benefits are not payable in respect of—
(a)the death of a member that occurs within 6 months of the commencement of their membership of the scheme if the death is attributable to a medical condition existing before that commencement; or
(b)the death of a member in relation to whom regulation 9(1)(a) has ceased to apply if—
(i)the member became entitled to death insurance on regulation 9(1)(a) ceasing to apply; and
(ii)the death is attributable to a medical condition existing before the day on which regulation 9(1)(a) ceased to apply,
unless the member has, after regulation 9(1)(a) has ceased to apply, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months.
Regulation 59—after subregulation (5) insert:
(5a)If a member becomes entitled to default invalidity/death insurance after—
(a)regulation 9(1)(a) ceases to apply to the member; or
(b)giving a direction under section 21G of the Act; or
(c)making a fund selection to Super SA Select under section 21C(5) of the Act; or
(d)varying a fund selection under section 21C(7) of the Act so as to select Super SA Select; or
(e)the member's employer contributions are redirected to the Triple S scheme by virtue of the operation of section 21F of the Act,
subregulation (5) applies to the member as if their membership of the scheme commences when the entitlement first arises.
Regulation 59(8)—after paragraph (b) insert:
and
(c)if an amount standing to the credit of the member's employer contribution account or employee contribution account has been transferred to another complying fund under section 21B of the Act, or taken as a cash withdrawal under regulation 59A, that amount will nevertheless be taken, for the purposes of determining benefits payable under subregulation (2), to have accumulated in the employee account or employer account as if the transfer or withdrawal had not been made; and
(d)in the case of a Super SA Select member—if an amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions has been transferred to another complying fund, or an amount has been paid to the member in cash prior to the termination of their employment, that amount will nevertheless be taken, for the purposes of paragraph (b)(iv), to have accumulated in the account as if the transfer or payment had not been made.
Regulations 59—after subregulation (8) insert:
(8aa)If the member's legal personal representative, spouse or estate (as the case may be) is entitled to a payment under subregulation (7), and—
(a)an amount standing to the credit of the member's employer contribution account or employee contribution account has been transferred to another complying fund under section 21B of the Act; or
(b)the member has taken an amount as a cash withdrawal under regulation 59A; or
(c)if the member is a Super SA Select member—an amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions has been transferred to another complying fund,
the payment is to be reduced by the amount that would have accumulated in the relevant account if the transfer or withdrawal had not occurred.
Regulation 59(8a)—delete "subregulation (8)" and substitute:
subregulation (7)
36—Insertion of regulation 59A
After regulation 59 insert:
59A—Special benefit for members aged 65 or over
(1)A member who has reached the age of 65 years may apply to the Board for the payment of a specified proportion of the balance of the member's eligible contribution accounts.
(2)The Board may—
(a)require that an application under this regulation be made in such manner, and comply with such requirements, as the Board thinks fit; and
(b)fix a maximum number of payments that may be made to a member under this regulation in a financial year; and
(c)determine the eligible contribution account or accounts of a member from which a payment is to be made to the member under this regulation.
(3)The amount of a payment made to a member under this regulation may not be less than the applicable minimum withdrawal amount for the member.
(4)The combined balance of accounts maintained by the Board on behalf of a member to whom a payment has been made under this regulation must be equal to, or greater than, the applicable minimum balance amount for the member.
(5)For the purposes of subregulations (3) and (4), the applicable minimum withdrawal amount and the applicable minimum balance amount for a member are minimum amounts determined by the Board.
(6)The Board may, for the purposes of subregulation (5), determine that different minimum amounts apply to different members or classes of member.
(7)The making of a payment under this regulation must take into account the operation of any provision under Part 5.
(8)Amounts standing to the credit of a member's eligible contribution accounts cannot be withdrawn under this regulation if—
(a)the member is prevented from dealing with their superannuation interests by an instrument in force under the Family Law Act 1975 of the Commonwealth; or
(b)the member has a liability that arose under the Act.
(9)However, the Board may determine to permit a member to withdraw amounts standing to the credit of the member's eligible contribution accounts despite the member having a liability that arose under the Act if the Board is satisfied that the liability will be discharged in full.
(10)For the purposes of Schedule 1 clause 12(2) of the Act, if amounts standing to the credit of 1 or more of a member's eligible contribution accounts have been withdrawn under this regulation, the benefits to which the member would be entitled on retirement under these regulations are to be determined as if no such withdrawal had occurred.
(11)In this regulation—
eligible contribution accounts of a member means the member's—
(a)employee contribution account; and
(b)employer contribution account; and
(c)rollover account; and
(d)co-contribution account.
37—Amendment of regulation 63—Benefits for spouse members
Regulation 63(1)(a)—delete paragraph (a) and substitute:
(a)the whole of the amount may, at the option of the spouse member, be transferred to another complying fund;
(aab)subject to conditions determined by the Board, part of the amount may, at the option of the spouse member, be transferred to another complying fund;
Regulation 63(1), note—delete "suspended" and substitute:
cancelled
Regulation 63(2)—after "subregulation (1)" insert:
or under section 21D(4) of the Act
Regulation 63(7)—before the definition of relevant member insert:
complying fund has the same meaning as in Part 3A of the Act;
38—Amendment of regulation 68—Effect on member's entitlement
Regulation 68(5)—delete subregulation (5) and substitute:
(5)If a member has received a draw down benefit under regulation 53 (as in force immediately before it was revoked by the Southern State Superannuation (Fund Selection and Other Matters) Amendment Regulations 2022), the superannuation interest of the member will be taken to include the balance of any investment made by the Board on behalf of the member under subregulation (6) of that regulation.
39—Amendment of regulation 76—Liabilities may be set off against benefits
Regulation 76—after "these regulations" insert:
(including a liability of a kind referred to in section 21B(5)(c) or 21D(2)(b) of the Act)
40—Amendment of regulation 78—Information to be given to certain members
Regulation 78(1)—after "members of the scheme" insert:
(other than members who have made a fund selection)
Schedule 1—Transitional provisions
1—Interpretation
In this Schedule—
principal regulations means the Southern State Superannuation Regulations 2009.
2—Time limits (regulations 4 and 15)
Regulation 6(6) of the principal regulations as in force immediately before the commencement of regulation 4 of these regulations continues to apply in relation to a member who became incapacitated to the extent envisaged by regulation 6(4)(a)(i) of the principal regulations during the 12 month period in which the member was taken to have remained in employment under that regulation if the incapacity commenced before 1 April 2020.
Regulation 58(14) of the principal regulations as in force immediately before the commencement of regulation 15 of these regulations continues to apply in relation to a member who claims to be entitled to benefits under regulation 58 of the principal regulations, or a person acting on the member's behalf, if the member's employment (as referred to in regulation 58(12) of the principal regulations) terminated before 1 April 2020.
3—Continuing operation of regulation 53 of principal regulations
Regulation 53 of the principal regulations as in force immediately before its repeal by these regulations continues to apply in relation to an investment held under subregulation (6) of that regulation at the time of that revocation.
Editorial note—
As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the approval of the Treasurer and following consultation with the South Australian Superannuation Board and with the advice and consent of the Executive Council
on 3 February 2022
No 7 of 2022
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