State Authorities Non-contributory Superannuation Act 1987 State Authorities Superannuation Amendment (Savings and Transitional) Regulation 1997 (1997-53) [GG No 18 of 14.2.1997, p 552] (NSW)
1997 No 53
New South Wales
State Authorities Superannuation
Amendment (Savings and
Transitional) Regulation 1997
under the
State Authorities Superannuation Act 1987
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the State Authorities Superannuation
Act 1987.
BOB CARR,
Premier
Explanatory note
The object of this Regulation is to update references in the State Authorities
Superannuation (Transitional Provisions) Regulation 1988 and the State Authorities Superannuation (Closed Local Government Schemes Transfer) (Savings and Transitional) Regulation 1990 to the payment to transferred
contributors of gratuities under the Local Government Act 1919. The effect of this will be to enable the employer-financed component of benefits paid to transferred contributors (that is, contributors transferred to the State Authorities Superannuation Scheme from the Public Authorities Superannuation Scheme, or the Superannuation Benefits Fund or the Local Government Provident Fund, or former holders of insurance policies, under the Local Government and Other Authorities (Superannuation) Act 1927), to be reduced in the light of the amount of any gratuity paid by a council to or in respect of a transferred contributor on retirement or death. This reflects amendments made to the Local Government and Other Authorities
(Superannuation) Act I927 by the Superannuation Legislation Amendment
Act 1996.
Published in Gazette No 18 of 14 February 1997, page 552 Page 1
1997 No 53
State Authorities Superannuation Amendment (Savings and Transitional) Regulation 1997
Explanatory note
The Regulation also updates references to the Board, as a result of the
commencement of the Superannuation Administration Act 1996.
This Regulation is made under the State Authorities Superannuation Act
1987, including section 10, Schedules 3 and 4 and section 55 (the general
regulation making power).
1997 No 53
State Authorities Superannuation Amendment (Savings and Transitional) Regulation 1997 Clause 1 State Authorities Superannuation Amendment
(Savings and Transitional) Regulation 1997
1 Name of Regulation
This Regulation is the State Authorities Superannuation
Amendment (Savings and Transitional) Regulation 1997.
2 Commencement
This Regulation commences on 1 April 1997.
3 Amendment of Regulations
The Regulations specified in Schedule 1 are amended as set out in Schedule 1.
4 Notes
The explanatory note does not form part of this Regulation.
1997 No 53
State Authorities Superannuation Amendment (Savings and Transitional) Regulation 1997
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 3)
| 1.1 | State Authorities Superannuation (Transitional Provisions) Regulation 1988 |
| [1] | Clause 3 Definitions |
| Omit the definition of Board from clause 3 (1). Insert instead: |
Board means the SAS Trustee Corporation established under the Superannuation Administration Act 1996.
Clause 10 Benefit to be adjusted in certain circumstances
Omit clause 10 (1). Insert instead:
(1) This clause applies to a transferred contributor who, in the opinion of the Board, has received, or will receive:
(a) in the case of a transferred contributor whose service was terminated, or who died, before 1 July 1993-a gratuity under section 97 of the Local Government Act 1919, or
(b) in the case of a transferred contributor whose service is terminated, or who dies, on or after that date—a similar gratuity, being a gratuity paid or to be paid by the council as an act of grace on the death or termination of service of an employee of the council and calculated by reference to the period of the employee’s service with the council.
Clause 10 (4)
Omit “under section 97 of the Local Government Act 1919”.
Insert instead “to or in respect of the transferred contributor”.
1997 No 53
State Authorities Superannuation Amendment (Savings and Transitional) Regulation 1997
Amendments Schedule 1 [4] Clause 35
Omit the clause. Insert instead:
35 Benefit to be adjusted in certain circumstances
The provisions of clause 10 (benefit to be adjusted in certain circumstances) apply to a transferred contributor as if that contributor were a transferred contributor to whom Part 2 applies if the transferred contributor, in the opinion of the Board, has received, or will receive:
(a) in the case of a transferred contributor whose service was terminated, or who died, before 1 July 1993—a gratuity under section 97 of the Local Government Act 1919, or
(b)
in the case of a transferred contributor whose service is terminated, or who dies, on or after that date—a similar gratuity, being a gratuity paid or to be paid by the council as an act of grace on the death or termination of service of an employee of the council and calculated by reference to the period of the employee’s service with the council.
1.2 State Authorities Superannuation (Closed Local
Government Schemes Transfer) (Savings and
Transitional) Regulation 1990[1] Clause 3 Definitions
Omit the definition of Board from clause 3 (1). Insert instead: Board means the SAS Trustee Corporation established under the Superannuation Administration Act 1996.
[2] Clause 15 Benefit to be adjusted in certain circumstances
Omit clause 15 (l). Insert instead: (1)
This clause applies to a transferred contributor who is a former holder of a current insurance policy or a former contributor to the Provident Fund and who, in the opinion of the Board, has received, or will receive:
1997 No 53
State Authorities Superannuation Amendment (Savings and Transitional) Regulation 1997
| Schedule 1 | Amendments |
(a) in the case of a transferred contributor whose service was terminated, or who died, before 1 July 1993—a gratuity under section 97 of the Local Government Act 1919, or
(b) in the case of a transferred contributor whose service is terminated, or who dies, on or after that date-a similar gratuity, being a gratuity paid or to be paid by the council as an act of grace on the death or termination of service of an employee of the council and calculated by reference to the period of the employee’s service with the council.
Clause 15 (4)
Omit “under section 97 of the Local Government Act 1919”. Insert instead “to or in respect of the transferred contributor”.
[4] Clause 21 Benefit to be adjusted in certain circumstances
Omit clause 21 (1). Insert instead:
(1)
This clause applies to a transferred contributor who is a former contributor to the Benefits Fund and who, in the opinion of the Board, has received, or will receive:
(a)
in the case of a transferred contributor whose service was terminated, or who died, before 1 July 1993—a gratuity under section 97 of the Local
Government Act 1919, or
(b) in the case of a transferred contributor whose service is terminated, or who dies, on or after that date—a similar gratuity, being a gratuity paid or to be paid by the council as an act of grace on the death or termination of service of an employee of the council and calculated by reference to the period of the employee’s service with the council.
[5] Clause 21 (4)
Omit “under section 97 of the Local Government Act 1919”.
Insert instead “to or in respect of the transferred contributor”.
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