Statutes Amendment (Notification of Superannuation Entitlements) Act 2003 (SA)

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South Australia

Statutes Amendment (Notification of Superannuation Entitlements) Act 2003

An Act to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990 and the Superannuation Act 1988.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Notification of Superannuation Entitlements) Act 2003.

2—Commencement

This Act will come into operation 1 month after assent.

3—Interpretation

A reference in this Act to the principal Act is a reference to the Act referred to in the heading to the Part in which the reference occurs.

Part 2—Amendment of Parliamentary Superannuation Act 1974

4—Amendment of s. 19A—Preservation of pension in certain circumstances

Section 19A of the principal Act is amended by inserting before paragraph (a) of subsection (3) the following paragraph:

  1. (aa)

    the Board must, not less than 6 months before the member pensioner's 55th birthday, notify the member pensioner in writing of the member pensioner's entitlement to require the payment of a pension under paragraph (a);.

5—Amendment of s. 22A—Other benefits under the new scheme

Section 22A of the principal Act is amended by inserting before paragraph (a) of subsection (5) the following paragraph:

  1. (aa)

    the Board must, not less than 6 months before the former member's 55th birthday, notify the former member in writing of the former member's entitlement to require payment of the component under paragraph (a);.

Part 3—Amendment of Police Superannuation Act 1990

6—Amendment of s. 22—Resignation and preservation

Section 22 of the principal Act is amended—

  1. (a)

    by inserting before subparagraph (i) of subsection (1a)(c) the following subparagraph:

    1. (ai)

      the Board must—

      1. (A)

        not less than 6 months before the contributor's 60th birthday—notify the contributor in writing of the contributor's entitlement to require the Board to make the payment under subparagraph (i); and

      2. (B)

        not less than 6 months before the contributor's 55th birthday—notify the contributor in writing of the contributor's entitlement to require the Board to make the payment under subparagraph (ii);;

  2. (b)

    by inserting before paragraph (a) of subsection (2) the following paragraph:

    1. (aa)

      the Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the Board to make a superannuation payment under paragraph (a);.

7—Amendment of s. 34—Resignation and preservation of benefits

Section 34 of the principal Act is amended—

  1. (a)

    by inserting before subparagraph (i) of subsection (1a)(c) the following subparagraph:

    1. (ai)

      the Board must—

      1. (A)

        not less than 6 months before the contributor's 60th birthday—notify the contributor in writing of the contributor's entitlement to require the Board to make the payment under subparagraph (i); and

      2. (B)

        not less than 6 months before the contributor's 55th birthday—notify the contributor in writing of the contributor's entitlement to require the Board to make the payment under subparagraph (ii);;

  2. (b)

    by inserting before paragraph (a) of subsection (2) the following paragraph:

    1. (aa)

      the Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the Board to make a superannuation payment under paragraph (a);;

  3. (c)

    by inserting before paragraph (a) of subsection (4) the following paragraph:

    1. (aa)

      the Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the payment of a lump sum and retirement pension under paragraph (a);.

Part 4—Amendment of Superannuation Act 1988

8—Amendment of s. 28—Resignation and preservation of benefits

Section 28 of the principal Act is amended—

  1. (a)

    by inserting after paragraph (a) of subsection (1c) the following paragraph:

    1. (ab)

      the Board must—

      1. (i)

        not less than 6 months before the contributor's 60th birthday—notify the contributor in writing of the contributor's entitlement to require the Board to make the payment under paragraph (b); and

      2. (ii)

        not less than 6 months before the contributor's 55th birthday—notify the contributor in writing of the contributor's entitlement to require the Board to make the payment under paragraph (c);;

  2. (b)

    by inserting before paragraph (a) of subsection (2) the following paragraph:

    1. (aa)

      the Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the Board to make a superannuation payment under paragraph (a);.

9—Amendment of s. 28A—Resignation pursuant to a voluntary separation package

Section 28A of the principal Act is amended by inserting before paragraph (a) of subsection (3c) the following paragraph:

  1. (aa)

    the Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the Board to pay the amount under paragraph (a);.

10—Amendment of s. 39—Resignation and preservation of benefits

Section 39 of the principal Act is amended—

  1. (a)

    by inserting after paragraph (a) of subsection (1c) the following paragraph:

    1. (ab)

      the Board must—

      1. (i)

        not less than 6 months before the contributor's 60th birthday—notify the contributor in writing of the contributor's entitlement to require the Board to make the payment under paragraph (b); and

      2. (ii)

        not less than 6 months before the contributor's 55th birthday—notify the contributor in writing of the contributor's entitlement to require the Board to make the payment under paragraph (c);;

  2. (b)

    by inserting before paragraph (a) of subsection (2) the following paragraph:

    1. (aa)

      the Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the Board to make a superannuation payment under paragraph (a);;

  3. (c)

    by inserting before paragraph (a) of subsection (5) the following paragraph:

    1. (aa)

      the Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the payment of a retirement pension under paragraph (a);.

11—Amendment of s. 39A—Resignation or retirement pursuant to a voluntary separation package

Section 39A of the principal Act is amended by inserting the following paragraph before paragraph (a) of subsection (3d):

  1. (aa)

    the Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require payment of the amount under paragraph (a);.

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