Superannuation Act 1988 (SA)

South Australia

Superannuation Act 1988

An Act to provide superannuation benefits for certain employees; and for other purposes.

Contents

Part 1—Preliminary

1            Short title
4            Interpretation
4A          Putative spouses
4B          Restriction on publication of proceedings
5            Superannuation arrangements

Part 2—Administration

Division 1—The Board

6            The Board
7           Functions of the Board
8            Board's membership
9            Board proceedings
10          Staff of Board
10A        Delegation by the Board

Division 3—The Fund

17 The Fund
19 Investment of the Fund

Division 3A—Accounts

20A        Contributors' accounts
20ABA     Co-contribution accounts
20AB       Other accounts to be kept by Board

Division 3B—Payment of benefits

20B Payment of benefits

Division 4—Reports

21 Reports

Part 3—Contributors, contribution and contribution points

22          Entry of contributors to the scheme
23          Contribution rates
24          Contribution points
25          Attribution of additional contribution points and contribution months

Part 4—Superannuation benefits—new scheme contributors

26          Application of this Part
26A         Transition to retirement
27          Retirement
28          Resignation and preservation of benefits
28A         Resignation pursuant to a voluntary separation package
28B         Outplaced employees—55 and over
28C         Outplaced employees under 55
29          Retrenchment
30          Disability pension
30A        Rehabilitation etc of disability pensioner
31          Termination of employment on invalidity
32          Death of contributor
32A         PSESS benefit
32B         Commutation to pay deferred superannuation contributions surcharge—contributor
32C         Commutation to pay deferred superannuation contributions surcharge following death of contributor
32D         Withheld amount
32E         Payment of Division 293 tax

Part 5—Superannuation benefits—old scheme contributors

Division 1—Pension benefits

33          Application of this Part
33A         Transition to retirement
34          Retirement
35          Retrenchment
36          Temporary disability pension
36A         Rehabilitation etc of disability pensioner
37          Invalidity
38          Death of contributor
39          Resignation and preservation of benefits
39A         Resignation or retirement pursuant to a voluntary separation package
39B         Outplaced employees—55 and over
39C         Outplaced employees under 55

Division 2—General

40          Commutation of pension
40A        Commutation to pay deferred superannuation contributions surcharge
40AB       Commutation to pay Division 293 tax
40B         Interaction with judicial remuneration or pension entitlements
41          Medical examination etc of invalid pensioner
42          Suspension of pension if pensioner declines appropriate employment
42A         Offer of lump sum to certain invalid pensioners
43          Notional extension of period of employment
43AA       Closure of contribution accounts

Part 5A—Family Law Act provisions

Division 1—Preliminary

43AB       Purpose of Part
43AC       Interpretation
43AD       Value of superannuation interest
43AE       Board to comply with Commonwealth requirements
43AF       Effect on contributor's entitlements
43AG       Benefit not payable to spouse on death of contributor if split has occurred

Division 2—New scheme contributors

43AH       Application of Division
43AI        Accrued benefit multiple
43AJ       Non-member spouse's entitlement

Division 3—Old scheme contributors

43AK       Application of Division
43AL       Accrued benefit multiple
43AM       Non-member spouse's entitlement
43AN       Non-member spouse's entitlement where pension is in growth phase
43AO       Non-member spouse's entitlement where pension is in payment phase
43AP       Payment of non-member spouse's entitlement

Division 4—Fees

43AQ Fees

Part 6—Miscellaneous

43B         Exclusion of benefits under awards etc
44          Review of Board's decisions
45          Effect of workers compensation etc on pension
46          Division of benefit where deceased contributor is survived by lawful and putative spouses
47          Adjustment of pensions
47A        Subsequent roll over of benefits to another fund or scheme
47B         Roll over of benefits from another fund or scheme
47C         Portion of pension etc to be charged against contribution account etc
47D        Charge against Fund if draw down benefit paid
48          Repayment of contribution account balance and minimum benefits
49          Special provision for payment in case of infancy or death
50          Pension not to be assignable
50A        Unclaimed superannuation benefits
51          Liabilities may be set off against benefits
51A         Method of making contributions
52          Annuities
53          Continuation of the Voluntary Savings Account
54          Power to obtain information
55          Confidentiality
56          Resolution of difficulties
58          Pensions payable in foreign currency
58A         Rounding off of contributions and benefits
59          Regulations

Schedule 1—Transitional provisions

1            Continuity of contributor status
2            Contributions by old scheme and certain new scheme contributors
3            Starting balance of contribution account of old scheme contributors
3A          Starting balance for certain new scheme contributors
4            Special provision as to contribution period of certain contributors
5            Superannuation points carried over by old scheme contributors
6            Special provisions for contributors to the Provident Account
7           Limited benefit contributors
8            Preservation of excess unit addition
9            Neglected unit and fund share reduction
10          Pensions that commenced under previous enactments
11          Abolition of Provident Account, and Retirement Benefit Account
12          Continuation of superannuation arrangements
13          Continuation of membership of elected members of the Board
14          Retrospective operation of preservation rights
15          Benefits under Parts 4 and 5
15A         Early retirement benefit for certain contributors
16          Transference from old scheme to new scheme
17          Payment of contributions while on leave without pay
18          Repeal of contribution rate
19          Operation of sections 28(1f) and 39(1db)
20          Election on retrenchment under section 29
21Operation of amendments made by Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003

Schedule 1A—Provisions relating to other public sector superannuation schemes

1            Regulations relating to other public sector superannuation schemes
2            Regulations to offset income tax etc
3            Interpretation

Schedule 1B—Transfer of certain members of the Electricity Industry Superannuation Scheme to the State Scheme

Part 1—Preliminary

1 Interpretation

Part 2—Transfer of members

2            Transfer of existing pensioners before the relevant day
3            Transfer of existing and future pensioners after the relevant day
4            Transfer of persons entitled to preserved benefits
5            Transfer of certain other persons

Part 3—General

6            Employer contributions
7           Notices
8            Cessation of entitlements under the Electricity Industry Superannuation Scheme
9            Power to obtain information
10Transfer effective despite Electricity Corporations Act 1994
11          Regulations may be made for transitional purposes

Schedule 2

Schedule 3—Administered schemes

Part 1—Interpretation

1 Interpretation

Part 2—Management of schemes

2            Application of Schedule to schemes
3            Arrangements as to trust deed and rules
4            Arrangements as to assets

Part 3—Establishment of funds and contribution accounts

Division 1—Establishment of funds

5 Management and establishment of funds
6 Division of funds into distinct parts

Division 2—Contribution accounts

7 Contribution accounts

Part 4—Miscellaneous

8            Insurance arrangements
9            Accounts and audit
10          Reports
11          Fees
12          Cessation of scheme
12A         Unclaimed superannuation benefits
13          Stamp duty
14          Transitional provisions

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title
This Act may be cited as the Superannuation Act 1988.
4—Interpretation

In this Act, unless the contrary intention appears—
active contributor means a contributor who is contributing to the Fund;
actual or attributed salary—see subsections (3) and (4);
actuary means a Fellow or Accredited Member of The Institute of Actuaries of Australia;
adjusted salary in relation to a contributor as at a particular time means—
(a)if the contributor has been employed on a full-time basis throughout his or her contribution period—the contributor's actual or attributed salary as at that time;
(b)if the contributor has been employed on a part-time or casual basis over the whole or any part of his or her contribution period—the contributor's actual or attributed salary as at that time reduced to reflect the extent of the contributor's employment over the contribution period expressed as a proportion of full-time employment;
age of retirement means—
(a)in relation to an old scheme contributor for whom 55 years was the age of retirement under the repealed Act—55 years;
(b)in all other cases—60 years;
approved form means a form approved by the Board;
Board means the South Australian Superannuation Board;
co-contribution means a payment made to the Board 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;
Commonwealth Act means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth;
Consumer Price Index means the Consumer Price Index (All groups index for Adelaide);
contracting out agreement means an agreement between a Minister or other agent or instrumentality of the Crown and another person or persons—
(a)under which—
(i)a function previously undertaken by the Crown is to be undertaken by the private sector; or
(ii)a service previously provided by the Crown to the public, or to a section of the public or to the Crown itself, is to be provided by the private sector; and
(b)under which persons who had been public sector employees employed in undertaking that function or providing that service are offered employment in the private sector;
contribution month—see subsection (2a);
contribution period means—
(a)in relation to an old scheme contributor—a period (including a period falling wholly or partly before the commencement of this Act) over which the contributor is (or was) an active contributor;
(b)in relation to a new scheme contributor—a period over which the contributor is (or was) an active contributor;
contributor means a person accepted as a contributor (either under this Act or under an earlier Act) and includes such a person who has ceased making contributions unless his or her rights in relation to superannuation have been exhausted and no derivative rights exist in relation to that person under this Act (but does not include a person as a member of an administered scheme under Schedule 3);
deferred superannuation contributions surcharge in relation to a contributor means the amount that the contributor is liable to pay the Commissioner of Taxation under section 15(6) of the Superannuation Contributions Tax Act;
dependency in relation to a child means any period for which the child is an eligible child;
Division 293 release authority means a release authority issued by the Commissioner of Taxation under Schedule 1 section 135‑10 of the Taxation Administration Act;
Division 293 tax has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth;
eligible child in relation to a deceased contributor means a child—
(a)who is—
(i)a child of the contributor; or
(ii)a child in relation to whom the contributor had assumed parental responsibilities and who was cared for and maintained, wholly or in part, by the contributor up to the date of the contributor's death; and
(b)who is—
(i)under the age of 16 years; or
(ii)between the ages of 16 and 25 years and in full-time attendance at an educational institution recognised by the Board for the purposes of this definition;
employee means—
(a)a statutory officer of the Crown (including a Magistrate but not a Judge);
(b)a person—
(i)employed in an administrative unit of the Public Service; or
(ii)employed under the Education and Children's Services Act 2019 or the Technical and Further Education Act 1975; or
(iii)employed by—
—the Rail Commissioner;
—the Commissioner of Highways;
—an employer with which the Board has entered into superannuation arrangements under this Act; or
(iv)employed by a Minister, or the chief executive of a Public Service administrative unit, on a weekly, daily or hourly basis; or
(v)employed under the Parliament (Joint Services) Act 1985; or
(vi)employed to provide services to the House of Assembly or the Legislative Council and under the control of the Speaker or the President; or
(vii)employed as a member of the Governor's staff; or
(viii)employed in an office or position declared by regulation to be an office or position to which this Act extends;
employing authority in relation to an employee means—
(a)the chief executive officer to whom the employee is answerable on matters relating to his or her employment;
(b)if there is no such officer—the authority, body or person to whom the employee is answerable;
entitlement day means—
(a)in relation to a contributor who becomes entitled to a pecuniary benefit under this Act—the day on which that entitlement arises;
(b)in relation to a contributor whose employment is terminated by his or her death—the date of the contributor's death;
Fund means the South Australian Superannuation Fund;
invalid pension means a pension payable on account of invalidity;
invalidity means physical or mental incapacity to carry out the duties of employment;
month means a period starting at the beginning of any day of 1 of the 12 named months and ending—
(a)immediately before the beginning of the corresponding day of the next named month; or
(b)if there is no such corresponding day, at the end of the next named month;
new scheme contributor means a person accepted as a contributor on or after 31 May, 1986 (but does not include any such person who is classified by the Board as an old scheme contributor);
non-monetary salary, in relation to a contributor who is not employed pursuant to a TEC contract, means remuneration in any form resulting from the sacrifice by the contributor of part of his or her salary;
notional salary in relation to a contributor whose employment has ceased temporarily or permanently (including a contributor who has died) means the salary that the contributor would be receiving if he or she had continued in employment in the same position and at the same grade as were applicable immediately before the cessation of employment and, if the contributor was not in full-time employment immediately before cessation of employment, notional salary will be calculated on the basis of the contributor's average hours of employment (excluding overtime) over the last 3 years of his or her contribution period;
old scheme contributor means a person who was accepted as a contributor to the Fund before 31 May, 1986 (and includes a person accepted as a contributor after that date if that person is classified as an old scheme contributor by the Board);
outplaced employee means a contributor who has retired or resigned from employment to take up employment in the private sector pursuant to an offer of employment in a contracting out agreement;
pensioner means a person who is entitled to a pension under this Act (including a person who qualifies for a pension but whose pension is under suspension but not including a person as a member of an administered scheme under Schedule 3);
pension period means the period over which a pension is paid;
preservation age has the same meaning as in Part 6 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth under the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;
private sector employer means the employer with whom an outplaced employee takes up employment on retiring or resigning from employment in the public sector;
Public Sector Employees Superannuation Scheme means the superannuation scheme of that name 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 4A;
registered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act;
repealed Act means the Superannuation Act 1974;
retrench in relation to a contributor means terminate the contributor's employment on the ground that work of the kind for which the contributor is qualified and suited is no longer available for the contributor;
retrenchment pension means the pension payable to an old scheme contributor on account of retrenchment;
salary, in relation to a contributor who is employed pursuant to a TEC contract, means that proportion of the value of the total remuneration package specified in the contract that has been prescribed by regulation for the purposes of this definition;
salary, in relation to a contributor who is not employed pursuant to a TEC contract, includes all forms of remuneration (including non‑monetary salary) except—
(a)remuneration related to overtime (other than such remuneration that is paid by way of an annual allowance);
(b)a leave loading;
(c)a loading arising from the casual nature of the employment or the conditions under which work is performed;
(d)allowances (unless declared by regulation to be a component of salary) for accommodation, travelling, subsistence or other expenses;
(e)remuneration of a kind excluded by regulation from the ambit of this definition (and such a regulation may exclude remuneration of a particular kind for the purpose of calculating contributions but provide for its inclusion as a component of salary for the purpose of calculating benefits);
Scheme means the scheme of superannuation established by this Act and (where the context admits) includes the scheme of superannuation established by a corresponding previous enactment (but does not include any administered scheme under Schedule 3);
SIS Act means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;
Southern State Superannuation Fund means the fund of that name continued in existence under the Southern State Superannuation Act 2009;
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;
standard contribution rate means—
(a)in relation to an old scheme contributor whose standard contribution rate is under clause 2 of Schedule 1 some rate other than 6% of salary—that other rate of contribution;
(b)in all other cases—6% of salary;
Superannuation Contributions Tax Act means the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth;
Superannuation Funds Management Corporation of South Australia or 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;
Taxation Administration Act means the Taxation Administration Act 1953 of the Commonwealth;
TEC contract means a contract of employment between a contributor and his or her employer under which the value of the total remuneration package specified in the contract reflects the total employment cost to the employer of employing the contributor;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;
Triple S scheme means the Southern State Superannuation Scheme continued in existence under the Southern State Superannuation Act 2009;
unclaimed superannuation benefit means an amount of money that is taken by Part 3 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 of the Commonwealth to be unclaimed money.

If a period is to be expressed in months for the purpose of this Act, then, except where express provision is made to the contrary, only completed months will be taken into account and any remainder will be ignored.

(2a)The number of contribution months in a contribution period is calculated by multiplying the number of days in the period by 0.032854.
(2b)A regulation prescribing the proportion of the value of the total remuneration package for the purposes of the first definition of salary in subsection (1)—
(a)may prescribe different proportions in relation to old scheme contributors and new scheme contributors; and
(b)in relation to a contributor whose salary would be less under the first definition of salary in subsection (1) than if it were determined under the second definition of salary in that subsection—may prescribe a proportion to ensure that the value of the contributor's salary for the purposes of this Act is not less than it would be if determined under the second definition of salary.

(2c)For the purposes of determining the amount of salary received by a contributor 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 contributor in order to receive the non‑monetary salary.

Subject to this section, a contributor's actual or attributed salary, as at a particular date, is—
(a)if the contributor is, at that date, employed on a full-time basis—the contributor's salary;
(b)in any other case—the salary that the contributor would have been receiving, at that date, if the contributor had then been employed on a full-time basis.
If—
(a)before the commencement of subsection (4a)—
(i)there was a reduction in a contributor's rate of salary (not being a reduction resulting from disciplinary action against the contributor or a reduction in the contributor's hours of employment); and
(ii)the contributor elected under this subsection to contribute as if the reduction had not occurred; and
(b)after the commencement of subsection (4a), the contributor elects, in a manner approved by the Board, to have his or her contributions determined under this subsection,
the contributor's contributions will be based on the salary of the position or office held by the contributor immediately before the reduction occurred or, if that position or office ceases to exist or the classification of the position or office is changed, the contributions will be based on the salary of that position or office immediately before it ceased to exist or its classification was changed, adjusted to reflect changes in the Consumer Price Index from that time and the contributor's actual or attributed salary as at a particular date will be determined as if the notional salary in respect of which the contributor was contributing at that date were the contributor's actual salary.

(4a)If (whether before or after the commencement of this subsection) there has been a reduction in a contributor's rate of salary (not being a reduction resulting from disciplinary action against the contributor or a reduction in the contributor's hours of employment) and—
(a)the contributor—
(i)elected, before the commencement of this subsection, to contribute as if the reduction had not occurred; and

(ii)has not made an election under subsection (4)(b); or

(b)the contributor elects, in a manner approved by the Board, to contribute as if the reduction had not occurred,

then the following provisions apply:
(c)the contributor's contributions will be based on his or her notional contribution salary;
(d)the contributor's actual or attributed salary as at a particular date will be determined as if his or her notional contribution salary on that date were the contributor's actual salary.

(4b)For the purposes of subsection (4a), a contributor's notional contribution salary is—
(a)the salary of the position or office held by the contributor immediately before the reduction occurred; or
(b)if that position or office ceases to exist or the classification of the position or office is changed—the salary of that position or office immediately before it ceased to exist or its classification was changed (adjusted if any increase occurs in the rate of salary payable in respect of the contributor's position or office by a percentage equal to the percentage that the increase bears to that salary).

(4c)The fixing of a contributor's contributions in relation to a financial year under section 23(4)(a) following a reduction in a contributor's rate of salary will be based on the contributor's notional contribution salary pursuant to an election under subsection (4a) only if the contributor made the election under that subsection on or before the 31 March last preceding the commencement of the financial year.

If it is necessary to calculate what would have been the amount standing to the credit of a contributor's contribution account, as at a particular time and the contributor had contributed at the standard contribution rate throughout his or her contribution period, the calculation may be made as follows:
Where—
A is the amount
B is the actual credit of the contribution account at the relevant time
C is the number of months in the contribution period
P is—
(a)in the case of a contributor who was in full-time employment throughout his or her contribution period—1;
(b)in any other case—the numerical value arrived at by expressing the contributor's employment during his or her contribution period as a proportion of full-time employment during that period
D is the number of the contributor's contribution points.
References in this Act to resignation from, or termination of, employment will be read subject to the following qualifications—
(a)resignation from a particular position in order to take up some other position in employment to which this Act applies, or to take up employment in the same position but on a different basis, will be ignored unless there is an interval of more than 1 month between the time the resignation takes effect and the commencement of the new employment;
(b)if a person is employed in employment to which this Act applies for a particular term and the term expires, the person will be taken to have resigned—
(i)if he or she makes an election under this subparagraph—at the expiration of the term; or
(ii)if no election is made under subparagraph (i)—at the expiration of 12 months from the expiration of the term except where the person is re-employed in employment to which this Act applies (not being employment on a casual basis) before that time in which case any interruption of employment will be ignored;
(c)a person whose employment is terminated on the ground of incompetence will be taken to have retired or resigned from employment depending on whether he or she has then reached the age of 55 years.
A person referred to in subsection (6)(b) cannot make contributions under this Act in respect of a period before he or she is taken to have resigned under that subsection and during which he or she is not employed in employment to which this Act applies.
For the purposes of this Act a contributor who is on leave without pay is not an active contributor if a contribution payable by the contributor has remained unpaid for 14 days or more.

(9)Subsection (8) does not apply if the contributor did not know, and could not reasonably have been expected to know, that the contribution had remained unpaid for 14 days.

For the purposes of subsections (8) and (9), contributions become payable at the times at which salary would have been payable to the contributor if he or she had not been on leave without pay.

4A—Putative spouses

For the purposes of this Act, a person is, on a certain date, the putative spouse of another person if—
(a)the person is, on that date, cohabiting with the other person as that person's de facto spouse and—
(i)the person—
(A)has been so cohabiting with the other person continuously for the preceding period of 3 years; or
(B)has during the preceding period of 4 years so cohabited with the other person for periods aggregating not less than 3 years; or
(ii)a child, of whom both persons are the parents, has been born (whether or not the child is still living); or
(c)the person is, on that date, in a registered relationship with the other person.
Subject to subsection (2a), a person whose rights depend on whether—
(a)the person and another person; or
(b)2 other persons,
were, on a certain date, putative spouses 1 of the other may apply to the Tribunal for a determination under this section.

(2a)A person whose rights depend on whether—
(a)the person and another person; or
(b)2 other persons,

were, on a certain date, in a registered relationship may provide evidence that they or those persons, were, on that date, in the registered relationship by producing a certificate issued by the Registrar of Births, Deaths and Marriages under section 21 of the Relationships Register Act 2016.

If it is proved to the satisfaction of the Tribunal that the persons in relation to whom the determination under this section is sought did, on the date in question, fulfil the requirements of subsection (1), the Tribunal must make a determination accordingly.
A determination may be made under this section—
(a)whether or not 1 or both of the persons in relation to whom the determination is sought are, or have ever been, domiciled in this State; or
(b)despite the fact that 1 or both of them are dead.
It must not be inferred from the fact that the Tribunal has determined that 2 persons were putative spouses 1 of the other, on a certain date, that they were putative spouses as at any prior or subsequent date.

4B—Restriction on publication of proceedings

Protected information is information relating to an application under section 4A (including images) that identifies, or may lead to the identification of—
(a)an applicant; or
(b)a person who is related to, or associated with, an applicant or is, or is alleged to be, in any other way connected in the matter to which the proceedings relate; 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 a court or the Tribunal or an employee of the Courts Administration Authority, provided that such publication or disclosure is made in connection with the administrative functions of the court or Tribunal; or
(ii)for purposes associated with the administration of this Act; or
(b)the publication in printed or electronic form of material that—
(i)consists solely or primarily of the reported judgements or decisions of a court or the Tribunal; or
(ii)is of a technical nature designed primarily for use by legal practitioners.
In this section—
newspaper means a newspaper, journal, magazine or other publication that is published at periodic intervals;
publish means publish by newspaper, radio or television, or on the internet, or by some other similar means of communication to the public.

5—Superannuation arrangements

Subject to subsection (2), the Board may enter into arrangements with—
(a)an instrumentality or agency of the Crown; or
(b)a prescribed authority, body or person,
under which the employees of that instrumentality, agency, authority, body or person become eligible to apply to be accepted as contributors.

(1a)An arrangement under subsection (1) may modify the provisions of this Act in their application to, or in relation to, employees to which the arrangement relates but not so as to put those employees in a more advantageous position than other contributors.
(1b)An arrangement may be varied at any time by agreement between the Board and the instrumentality, agency, authority, body or person.

An arrangement under subsection (1) is not effective unless its terms are approved by the Minister.

(2a)If an instrumentality or agency of the Crown that has entered into an arrangement with the Board under this section ceases to be an instrumentality or agency of the Crown, the Minister may by written notice to the Board and to the former instrumentality or agency of not less than 1 month—
(a)declare that benefits will cease accruing to contributors in respect of their employment with the former instrumentality or agency; and
(b)vary the terms of the arrangement in such manner as he or she thinks fit.

Subject to subsection (4), an instrumentality or agency of the Crown or an authority, body or person who has entered into an arrangement with the Board under this section (whether before or after the commencement of the Superannuation (Scheme Revision) Amendment Act 1992) may, by written notice to the Board of not less than 1 month, declare that benefits will cease accruing to contributors in respect of employment with the instrumentality, agency, authority, body or person.
A declaration cannot be made under subsection (3)—
(a)without the approval in writing of a majority of those persons who—
(i)are contributors by virtue of the arrangement; and
(ii)are currently employed by the instrumentality, agency, authority, body or person; and
(b)unless the Board has given its approval to the declaration.
Before giving its approval under subsection (4)(b), the Board must have obtained from an actuary an actuarial assessment of the account (if any) established to meet the employer component of benefits that have accrued to employees of the instrumentality, agency, authority, body or person under this Act.
When giving its approval under subsection (4)(b), the Board must be satisfied on the basis of the actuary's assessment that the amount standing to the credit of the account will be sufficient to meet the employer component of benefits.
The following provisions apply on the cessation of the accrual of benefits under subsection (2a) or (3):
(a)those contributors currently employed by the instrumentality, agency, authority, body or person who are of or over the age of 60 years will be taken for the purposes of this Act to have retired from employment; and
(b)those contributors currently employed by the instrumentality, agency, authority, body or person who have not reached the age of 60 years will be taken for the purposes of this Act to have resigned from employment; and
(c)section 28 or 39 (as the case requires) applies to and in relation to a contributor referred to in paragraph (b) despite the fact that he or she is of or over the age of 55 years; and
(d)a contributor referred to in paragraph (b) who has elected to preserve his or her benefits is not entitled to them (except on account of incapacity) until—
(i)he or she has reached the age of 55 years and has ceased to be employed by the instrumentality, agency, authority, body or person; or
(ii)he or she has reached the age of 60 years.

Part 2—Administration

Division 1—The Board

6—The Board

The Board continues in existence.
The Board is a body corporate.
The Board has full juristic capacity to exercise powers that are by their nature capable of being exercised by a body corporate.
If a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Board.

7—Functions of the Board

The Board is responsible to the Minister for all aspects of the administration of this Act except the management and investment of the Fund.

8—Board's membership

The Board consists of the following members:
(a)a presiding member (who must not be an employee) appointed by the Governor; and
(b)2 members elected by—
(i)the contributors; and
(ii)the members and spouse members of the Triple S scheme; and
(iii)persons provided with investment services or other products or services pursuant to regulations under section 30(2)(g) of the Southern State Superannuation Act 2009; and
(c)2 members appointed by the Governor on the Minister's nomination.
A person who is employed in duties connected with the administration of this Act or the Southern State Superannuation Act 2009 is not eligible to be elected as a member of the Board.
The Governor may appoint a deputy to a member of the Board and the deputy may, in the absence or during a temporary vacancy in the office of that member, act as a member of the Board.
Subject to subsection (5), a member of the Board will be appointed or elected for a term not exceeding 3 years.
A member appointed or elected to fill a casual vacancy will be appointed or elected for the balance of the term of his or her predecessor.
The office of a member of the Board becomes vacant if the member—
(a)dies; or
(b)completes a term of office and is not reappointed or re-elected; or
(c)resigns by written notice to the Minister; or
(d)is removed from office by the Governor on the ground of—
(i)mental or physical incapacity to carry out official duties satisfactorily; or
(ii)neglect of duty; or
(iii)misconduct.
If the office of an elected member becomes vacant and the balance of the term of the office is 12 months or less, the Governor may appoint to the vacant office a person nominated by the Public Service Association of South Australia Incorporated and the Australian Education Union (S.A. Branch).

9—Board proceedings

A meeting will be chaired by the presiding member or, in his or her absence, by a member chosen by those present.
Subject to subsection (3), the Board may act despite vacancies in its membership.
3 members constitute a quorum for a meeting of the Board.
A decision in which a majority of the members present at a meeting concur is a decision of the Board.

(4a)A conference by telephone or other electronic means between members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if—
(a)notice of the conference is given to all members in the manner determined by the Board for that purpose; and
(b)each participating member is capable of communicating with every other participating member during the conference.

(4b)A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—
(a)notice of the proposed resolution is given to all members in accordance with procedures determined by the Board; and
(b)a majority of the members express concurrence in the proposed resolution by letter, telegram, telex, fax, email or other written communication setting out the terms of the resolution.

Subject to this Act, the Board may determine its own procedures.
The Board must keep minutes of its proceedings.

10—Staff of Board

The Board may, with the Minister's approval, appoint staff to assist it in carrying out its responsibilities under this or any other Act.
A person appointed under subsection (1) is not a Public Service employee.
The Board may, with the approval of a Minister responsible for a particular administrative unit of the Public Service, make use of the staff or facilities of that administrative unit.
A person appointed under subsection (1) may assist in the administration of other superannuation schemes or funds established or administered by the Board, or otherwise assist the Board in the performance or exercise of any other functions or powers.

Without limiting subsection (4), a person appointed under subsection (1) may also assist in the administration of other superannuation schemes established for the benefit of members or former members of the Parliament of the State or the South Australian public sector.
The Board is declared not to be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth.

10A—Delegation by the Board

The Board may delegate any of the Board's powers or functions under this Act (except this power of delegation) to any person or body.
A delegation under this section—
(a)must be by instrument in writing; and
(b)may be conditional or unconditional; and
(c)does not derogate from the power of the Board to act in any matter; and
(d)is revocable at will by the Board.

Division 3—The Fund

17—The Fund

The Fund continues in existence.
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 periodic contributions reflecting—
(a)the contributions paid to the Treasurer by contributors; and
(b)any co-contribution paid to the Board on behalf of a contributor (but received by the Treasurer on behalf of the Board),
with respect to the relevant period.
All interest and accretions arising from investment of the Fund must be paid into the Fund.
The Fund will be treated as made up of 3 major divisions—
(a)1 proportioned to—
(i)the aggregate balance, as at a date determined by the Board, of contribution accounts maintained in the names of old scheme contributors;
(ii)the amount, as at the date referred to in subparagraph (i), that represents income of the Fund referable to old scheme contributors that is not reflected in contribution accounts;
(iii)the amount, as at the date referred to in subparagraph (i), that is referable to contributions of old scheme contributors whose contribution accounts have been closed;
(iv)subsequent contributions and payments referable to old scheme contributors;
(v)subsequent income of the Fund attributable to investment of this division of the Fund;
(b)1 proportioned to—
(i)the aggregate balance, as at the date referred to in paragraph (a)(i), of contribution accounts maintained in the names of new scheme contributors; and
(ii)subsequent contributions and payments referable to new scheme contributors; and
(iii)subsequent income of the Fund attributable to investment of this division of the Fund;
(c)1 proportioned to the aggregate balance of co‑contribution accounts to the extent that they hold the amount of any co‑contributions that have been paid to the Board.
The following amounts will be paid from the Fund:
(a)administrative costs and other expenses related to the management and investment of the Fund;
(b)the prescribed percentage of the other costs of administering this Act;
(c)any reimbursement of the Consolidated Account or a special deposit account that the Treasurer charges against the Fund under this Act.
The Superannuation Funds Management Corporation of South Australia must determine the value of each division of the Fund as at the end of each financial year.

19—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 3A—Accounts

20A—Contributors' accounts

The Board will maintain accounts in the names of all contributors and each account will state whether the contributor is an old scheme contributor or a new scheme contributor.
A contributor's account must be debited with any payment that is, under this Act, to be charged against that account.
At the end of each financial year, each contributor's account that has a credit balance will be varied—
(a)if the account is in the name of an old scheme contributor—to reflect a rate of return determined by the Board in relation to the contribution accounts of old scheme contributors for the relevant financial year;
(b)if the account is in the name of a new scheme contributor—to reflect a rate of return determined by the Board in relation to the contribution accounts of new scheme contributors for the relevant financial year.
In determining a rate of return for the purposes of subsection (3), the Board should have regard to—
(a)the net rate of return achieved by investment of the relevant division of the Fund over the financial year or, if a new scheme contributor has made a nomination under subsection (4a), the net rate of return achieved by the class of investments, or the combination of classes of investments, nominated by the contributor; and
(b)the desirability of reducing undue fluctuations in the rate of return on contributors' accounts.

(4a)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 new scheme contributors, 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.
(4b)If a contributor, after nominating a class of investments under subsection (4a), subsequently varies the nominated class of investments, the Board may charge a fee (to be fixed by the Board) to the contributor's contribution account in a manner determined by the Board.

If, in accordance with subsection (4)(b), the Board determines a rate of return that is at variance with the net rate of return achieved by investment of the relevant division of the Fund, the Board must include its reasons for the determination in its report for the relevant financial year.
If it is necessary to determine the balance of a contributor's account and the Board has not yet determined a rate of return in relation to the relevant financial year, the balance will be determined by applying a percentage rate of return on accounts estimated by the Board.

(6a)A balance determined under subsection (6) will not be adjusted when a rate of return is subsequently determined under subsection (3).

A reference in this section to rate of return is a reference to a positive or a negative rate of return.

20ABA—Co-contribution accounts
The Board must—
(a)establish a co-contribution account in the name of a contributor 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 member; and
(c)immediately on a co‑contribution account being credited with the amount of a co‑contribution—transfer the amount to a co‑contribution account maintained by the Board in the name of the contributor in the Southern State Superannuation Fund; and
(d)advise the contributor in writing that—
(i)the co-contribution has been transferred to the Southern State Superannuation Fund; and

(ii)the contributor is, by virtue of the Southern State Superannuation Act 2009, a member of the Triple S scheme.

20AB—Other accounts to be kept by Board

The Board must keep proper accounts of receipts and payments relating to the payment of benefits under this Act.
The Auditor-General may at any time, and must at least once in each year, audit the accounts kept by the Board under subsection (1).

Division 3B—Payment of benefits

20B—Payment of benefits

A benefit or other entitlement payable under this Act must be paid 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.
If any such payment, or a proportion of any such payment, is, under this Act, to be charged against the contributor's contribution account or against the Fund, the Treasurer may reimburse the Consolidated Account or special deposit account by charging the relevant division of the Fund with the amount of that payment or the relevant proportion of that payment (as the case requires).
If any such payment, or a proportion of any such payment, relates to a rollover account or a co‑contribution account, an amount equal to the amount of the payment is to be charged against the appropriate account and the Treasurer may reimburse the Consolidated Account or special deposit account by charging the relevant division of the Fund with the amount of that payment or the relevant proportion of that payment (as the case requires).
This section does not apply in relation to an administered scheme under Schedule 3.

Division 4—Reports

21—Reports

The Board must, on or before 31 October in each year submit a report to the Minister on the operation of this Act during the financial year ending on 30 June in that year.
The Minister must, in relation to the triennium ending 30 June 1992, and thereafter in relation to each succeeding triennium, obtain a report within 12 months after the end of the relevant triennium—
(a)on the cost of the Scheme to the Government at the time of the report and in the foreseeable future; and
(b)estimating the proportion of future benefits under Part 5 that can be met from the Fund.

(4a)A report under subsection (4) must be prepared by an actuary, not being a member of the Board, appointed by the Minister.

The Minister must, within 6 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

Part 3—Contributors, contribution and contribution points

22—Entry of contributors to the scheme

The Board may, on the application of an employee, accept the employee as a contributor.
An application can only be made in a manner approved by the Board.
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 under subsection (3) will be paid by the Board.
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 the applicant is likely in the future to engage in an activity of a kind referred to in paragraph (b),
the Board may accept the application on conditions (being conditions authorised by the regulations) limiting the benefits payable under this Act in the event of the contributor's invalidity or death before the age of 55 years (and such a condition prevails over this Act to the extent of any inconsistency).

(5a)Unless conditions referred to in subsection (5) provide otherwise, a contributor whose benefits in the event of invalidity or death are limited by conditions under that subsection or by conditions referred to in clause 7 of Schedule 1 is not entitled to a disability pension under Part 4 or 5 in respect of the illness, condition or disability to which the limitations relate during the period of 5 years from the commencement of this Act or the contributor's acceptance into the Scheme whichever is the later.

If an applicant—
(a)is a contributor to some other superannuation scheme funded wholly or in part by the applicant's employer; or
(b)receives an allowance or salary loading related to superannuation,
the Board will, unless there is good reason to the contrary, reject the application.
The Board cannot accept an application from a person who is employed on a casual basis.
If it appears to the Board that a contributor withheld information required in relation to his or her application for membership of the Scheme, the Board may withhold or reduce a benefit under this Act (other than one that is to be charged against the contributor's contribution account).
The contribution period of an employee accepted as a contributor will commence on the date fixed for that purpose by the Board.
Subject to this section, an application for acceptance as a contributor under subsection (1) must be made on or before 3 May 1994.
A person who commenced employment to which this Act applies on or after 3 February 1994 pursuant to a written offer received by the person on or before 3 May 1994 may make an application for acceptance as a contributor under subsection (1) on or before 3 August 1994 or the expiration of 3 months after the employment commenced whichever is the later.
An application under subsection (1) will be taken to have been made on the day on which the application was received by the Board.
An employee who is not a person referred to in subsection (11) may apply for acceptance as a contributor under subsection (1) on or after 4 May 1994 and before 1 July 1995 but if accepted the contributor will—
(a)be a member of the Triple S scheme on and from 1 July 1995 and will be taken to have elected to contribute to that scheme at the rate of 6 per cent of salary; and
(b)will be taken to be under the age of 55 years and to resign from employment for the purposes of this Act on 30 June 1995 and to carry over the employee component of his or her accrued superannuation benefits on 1 July 1995 to his or her member's contribution account under the Triple S scheme and to carry over the employer component of those benefits on 1 July 1995 to his or her employer contribution account under that scheme.
An employee may make an application for acceptance as a contributor under subsection (1) on or after 4 May 1994 if he or she—
(a)had been a member of the Police superannuation scheme; and
(b)had resigned or retired from the employment that entitled him or her to membership of that scheme in order to take up employment to which this Act applies; and
(c)had taken up that employment within 3 months after resignation or retirement from the previous employment; and
(d)in the case of resignation from the previous employment, had preserved his or her benefits under the Police superannuation scheme.
Subject to subsection (16), the application referred to in subsection (14) must be made within 3 months after the employee commences employment to which this Act applies.
An employee referred to in subsection (14) who commenced employment to which this Act applies during the period commencing on 3 February 1994 and ending on the commencement of the Superannuation (Employee Mobility) Amendment Act 1997 may make an application for acceptance as a contributor under subsection (1) within 3 months after the commencement of that Act.
The Board may not refuse an application by an employee referred to in subsection (14) on medical grounds and the only conditions that the Board may place on its acceptance of such an application are those conditions (if any) to which the employee's membership of the Police superannuation scheme had been subject immediately before his or her retirement or resignation from the previous employment.
An employee referred to in subsection (14) who is accepted as a contributor under subsection (1) is only entitled to his or her benefits under the Police superannuation scheme after his or her employment to which this Act applies has terminated.
In this section—
Police superannuation scheme means the old or new scheme of superannuation established by the Police Superannuation Act 1990.

23—Contribution rates

Subject to this section, a contributor will make contributions to the Treasurer at the standard contribution rate until termination of the contributor's employment.
Subject to subsection (2a), a contributor may elect—
(a)to contribute at any 1 of the following rates:
3.0%
4.5%
6.0%
7.5%
9.0%;
(b)to cease contributing;
(c)in the case of a contributor whose standard contribution rate is not 6%—to contribute at the contributor's standard contribution rate.

(2a)A contributor who is employed pursuant to a TEC contract must contribute at the contributor's standard contribution rate or at a higher rate referred to in subsection (2) unless he or she was contributing at a lower rate during the financial year in which the term of the contract commenced in which event he or she must contribute at that rate or a higher rate referred to in subsection (2).
(2b)Subsection (2a) operates in relation to the financial year following the financial year in which section 5A of the Superannuation (Miscellaneous) Amendment Act 2000 comes into operation and in relation to subsequent financial years.

Subject to subsection (3a), an election under subsection (2) can only be made in a manner approved by the Board and will operate as from the commencement of a financial year (and only elections received by the Board 2 months or more before the commencement of a particular financial year will operate in relation to that financial year).

(3a)If the Board is satisfied that a contributor needs to reduce his or her contributions because of financial hardship, the Board may permit the contributor to make an election under subsection (2) that will operate before the commencement of the next financial year.

A contributor's contributions will be fixed in relation to each financial year, as from a day in that financial year determined by the Board—
(a)on the basis of the contributor's salary as at the 31st day of March last preceding the commencement of the financial year or, if the contributor's hours of employment have increased or decreased between that date and the commencement of the financial year, on the basis of the contributor's salary following the last such increase or decrease in the hours of employment; but
(b)—
(i)if the contributor had not then commenced his or her employment, the contributions will be fixed on the basis of the contributor's commencing salary;
(ii)if the contributor was then on leave without pay or at a reduced rate of pay, the contributions will be fixed on the basis of the salary that the contributor would then have been receiving if not on leave;
(iii)if the contributor's employment is of a casual nature, the contributions will be fixed on the basis of a notional salary fixed by the Board in relation to the contributor;
(iv)if after the date on which contributions for a particular financial year are fixed there is a reduction in the contributor's salary resulting from a reduction in hours of work (other than a temporary reduction of less than 2 weeks' duration), there will be a proportionate reduction in the contributor's contributions (but such a contributor may, with the Board's approval, elect to contribute as if there had been no reduction in salary and in that event benefits payable under this Act will be calculated as if there had been no reduction of salary);
(v)if the reason for the reduction in hours of work is an illness or injury suffered by the contributor, an election under subparagraph (iv) may, with the Board's approval, operate during subsequent years despite paragraph (a).
If over a particular period a contributor 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) but if the aggregate of the weekly payments and the salary (if any) of the contributor is less than the salary that the contributor would have received if not incapacitated, the Board may allow a proportionate reduction in the amount of the contributions for that period.

The following provisions apply to leave without pay—
(a)any period of leave without pay of 2 weeks or less will be treated as a period of employment in respect of which contributions are payable;
(b)if leave without pay is taken for a continuous period exceeding 2 weeks, no contribution is payable in respect of that period unless the contributor elects to contribute and the election is approved by the Board (but such an election in respect of more than 12 months' leave without pay can only be made—
(i)if the Board is satisfied with arrangements that have been made for reimbursement of the cost of benefits attributable to that period; and
(ii)in circumstances in which the approval is authorised by the regulations).

(6a)If a contributor has been, or will be, on leave for more than 12 months and the period of leave is, or will be, made up of 2 or more components of leave without pay connected by 1 or more components of paid leave, an election under subsection (6)(b) in relation to a component of that period that will extend it beyond 12 months or that commences after the first 12 months of the period has passed must comply with the requirements of that subsection even though the component itself is less than 12 months in duration.

An old scheme contributor will cease to contribute if—
(a)before termination of the contributor's employment the following conditions are satisfied:
(i)in the case of a person who was accepted as a contributor under the repealed Act—the contributor is of or above the age of retirement and has—
(A)an aggregate of 360 contribution points; or
(B)an aggregate number of contribution points equal to the number of months between the date on which he or she became a contributor and the date on which he or she reached the age of retirement,
whichever is the greater number;
(ii)in the case of a person who was accepted as a contributor before the commencement of the repealed Act—the contributor is of or above the age of retirement and has an aggregate of 360 contribution points; or
(b)on retirement he or she would be entitled to the maximum pension prescribed by section 34(5).

24—Contribution points

A contributor conforms to the theoretical standard if the contributor—
(a)is employed on a full-time basis; and
(b)contributes at the standard rate of contribution.
Contribution points accrue to a contributor who conforms to the theoretical standard at the rate of 1 point for each contribution month.
Subject to subsection (5), if a contributor does not conform to the theoretical standard, a proportion of 1 contribution point (which may exceed unity) accrues to the contributor in respect of a contribution month equal to the proportion that the amount actually contributed in respect of that month bears to the amount that would have been contributed if the contributor had conformed to the theoretical standard.
A contributor's extrapolated contribution points as at an entitlement day are calculated as follows:
(a)if the contributor has then reached the age of retirement—the number is, subject to subsection (5), the aggregate of the accrued contribution points;
(b)in any other case—
(i)if the contributor has been in full-time employment throughout the contribution period—the number is, subject to subsection (5), the aggregate of the accrued contribution points plus a number equal to the number of months' difference between the contributor's age as at the entitlement day and the age of retirement (an incomplete month being counted as a whole month);
(ii)if the contributor has not been in full-time employment throughout the contribution period—the number is, subject to subsection (5), the aggregate of the accrued contribution points plus the relevant proportion of the number of months' difference between the contributor's age as at the entitlement day and the age of retirement (an incomplete month being counted as a whole month).
When the aggregate of a contributor's accrued contribution points are to be calculated as at an entitlement day, the aggregate cannot exceed—
(a)in the case of a contributor who was in full-time employment throughout the contribution period—the number of months of the contribution period;
(b)in any other case—the relevant proportion of the number of months of the contribution period.
The reference in subsections (4) and (5) to the relevant proportion is a reference to a proportion arrived at by expressing the contributor's employment while an active contributor as a proportion of full-time employment.

25—Attribution of additional contribution points and contribution months

The Minister may, in appropriate cases—
(a)attribute additional contribution points to a contributor;
(b)attribute additional contribution months to a contributor.
The Minister must provide the Board with details of the attribution of contribution points or months under subsection (1) and the Board must include those details in its report to the Minister under Division 4 of Part 2.

Part 4—Superannuation benefits—new scheme contributors

26—Application of this Part
This Part applies only to new scheme contributors.
26A—Transition to retirement

A contributor may apply to the Board for the benefit of this section if—
(a)the contributor has reached—
(i)the age of 55 years; and
(ii)his or her preservation age; and
(b)the contributor has entered into an arrangement with his or her employer—
(i)to reduce his or her hours of work; or
(ii)to alter his or her duties,
or both, with the effect that there is a reduction in the contributor's salary; and
(c)the purpose for establishing the arrangement referred to in paragraph (b) relates to the proposed retirement of the contributor in due course (including by allowing the contributor to scale down his or her work in the lead‑up to retirement).
The Board may require that an application under subsection (1)—
(a)be made in such manner as the Board thinks fit; and
(b)be accompanied by such information or other material specified by the Board to assist the Board to be satisfied as to the matters set out in paragraphs (b) and (c) of that subsection.
If the Board is satisfied that a valid application has been made under subsection (1), an entitlement will arise as follows:
(a)the Board will determine a benefit (a draw down benefit) on the basis of the contributor's application and on the basis that the maximum draw down benefit to which the contributor is entitled will be determined as follows:
Where—
B is the maximum draw down benefit
SP is the amount that would be payable under section 27 and 47B if the contributor had retired from employment immediately before the date of the determination
FS is the contributor's actual salary immediately before the commencement of the arrangement envisaged by subsection (1)(b)
NS is the contributor's actual salary on the commencement of the arrangement envisaged by subsection (1)(b);
(b)the Board will then, according to an election made by the contributor as part of his or her application to the Board for the benefit of this section, invest (on behalf of and in the name of the contributor) the draw down benefit—
(i)with the Superannuation Funds Management Corporation of South Australia; or
(ii)with another entity that will provide a non‑commutable income stream for the contributor while the contributor continues to be employed in the workforce,
so that the contributor receives (and only receives) a payment in the form of a pension or an annuity (a draw down payment) on account of the benefit.
The investment of a draw down benefit under subsection (3)(b)(i) will be on terms and conditions determined by the Board.
An entitlement to a draw down payment is not commutable.
However—
(a)a contributor may, after commencing to receive a draw down payment and before retiring from employment under this Act, take steps to bring the investment to an end and pay the balance of the investment into a rollover account (which may need to be established) in the name of the contributor as if the balance were being carried over from another superannuation scheme into the scheme pursuant to section 47B; and
(b)the value of an investment under subsection (3)(b)(i) may be redeemed in due course under subsection (11).
When the Board has determined a draw down benefit—
(a)the account maintained by the Board in the name of the contributor under section 20A, and any account maintained for the purposes of section 47B, will be immediately adjusted by a percentage equal to the percentage that the draw down benefit bears to the total benefit that would have been payable had the contributor retired from employment to take into account the payment of the draw down benefit; and
(b)the contributions payable by the contributor under section 23 will (despite any provision made by section 23 to the contrary)—
(i)be fixed on the basis of the contributor's salary under the arrangement established with his or her employer (for so long as the arrangement continues); and
(ii)as so fixed, be payable in respect of this salary from the first full pay period after the Board's determination of the draw down benefit; and
(iii)be at the contributor's standard contribution rate under that section; and
(c)the contributor's contribution points will accrue, from the date of the determination until the cessation of the relevant arrangement (unless the contributor ceases to make the contributions envisaged by paragraph (b)), at a rate for each contribution month determined as follows:
Where—
CP is a proportion of 1 contribution point
AS is the contributor's actual salary under the relevant arrangement (as adjusted from time to time)
FSA is the contributor's actual salary immediately before the commencement of the relevant arrangement, adjusted from time to time to take into account any changes to the salary that would have occurred had the contributor not entered into the relevant arrangement but rather continued to be entitled to that salary.
If the employment arrangements of a contributor who is receiving a draw down payment under this section alter so that there is an alteration in his or her salary—
(a)in the case of a reduction in salary—the contributor may apply to the Board for a further benefit in accordance with the provisions of this section and this section will then apply to the application and with respect to the relevant arrangement—
(i)as if FS under subsection (3)(a) is the contributor's actual salary immediately before the relevant reduction in salary; and
(ii)as if NS is the contributor's actual salary immediately after the relevant reduction in salary; and
(iii)by applying such other modifications as may be necessary for the purpose or as may be prescribed; and
(b)in the case of an increase in salary—the draw down payment will continue as if the increase had not occurred and where the contributor makes contributions to the scheme under this Act in respect of the increase in salary the contributions payable by the contributor and the accrual of contribution points must be adjusted to take into account the increase.
When a contributor retires from employment (and is thus entitled to a benefit under section 27), the contributor's entitlement under section 27 will be adjusted in the manner prescribed by the regulations to take into account the draw down benefit provided under this section (and that section will then have effect accordingly).
If a contributor's employment is terminated by the contributor's death, any entitlement under section 32 will be adjusted in the manner prescribed by the regulations to take into account the draw down benefit provided under this section (and that section will then have effect accordingly).
When a contributor retires or dies (whichever first occurs), an investment being held under subsection (3)(b)(i) may be redeemed (subject to any rules or requirements applicable to the exercise of a power of redemption).
A contributor may, in conjunction with an application under subsection (1), apply for any benefit that would be payable under section 32A as if the contributor had resigned from employment and, in such a case—
(a)the application will be taken to be an election under that section; and
(b)the amount of entitlement payable under that section will be added to the draw down benefit under subsection (3)(a) (and then invested under subsection (3)(b)).
Despite a preceding subsection, if the maximum draw down benefit under subsection (3)(a) is not sufficient to be invested under subsection (3)(b) to obtain a draw down payment—
(a)unless paragraph (b) applies—the draw down benefit must be an amount equal to the minimum required to obtain a draw down payment (and subsection (3)(a) will apply accordingly);
(b)if the minimum amount required to obtain a draw down payment is greater than SP under subsection (3)(a), the Board must reject the application under this section (and no entitlement will arise under subsection (3)).
The determination of a benefit under this section must take into account the operation of any provision under Part 5A.
The Governor may, by regulation, declare that any provision of this section is modified in prescribed circumstances (and the regulation will have effect according to its terms).

27—Retirement

A contributor who retires from employment is entitled to a superannuation payment made up of 2 components—
(a)an employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; and
(b)an employer component calculated in accordance with the following provisions of this section.
The employer component is the lesser of the following:

(a)

(b)

Where—
EC is the employer component
FS is the contributor's actual or attributed salary immediately before retirement (expressed as an annual amount)
A is the lesser of the following:
(a)unity;
(b)the numerical value obtained by dividing the number of the contributor's accrued contribution points by 420

Pn is—
(a)in the case of a contributor who was in full-time employment during that part of the contribution period occurring after 30 June 1992—1;
(b)in any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period

M is the number of months of the contributor's contribution period occurring after 30 June 1992
X is—
(a)in relation to a contributor who is at retirement under the age of 60 years—the number of months by which the contributor's age falls short of 60 years;
(b)in any other case—zero.

For the purposes of this section, a contributor retires from employment if—
(a)the contributor has attained the age of 55 years; and
(b)the contributor's employment terminates or is terminated for any reason (except the contributor's death).
This section does not apply to an outplaced employee who had reached the age of 55 years when he or she retired from employment unless he or she has made an election in accordance with section 28B to take the retirement benefit provided by this section.

28—Resignation and preservation of benefits

A contributor who resigns from employment before reaching the age of 55 years may elect—
(a)to take immediately an amount (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; or
(b)to preserve his or her accrued superannuation benefits; or
(c)to carry over his or her accrued superannuation benefits to some other superannuation fund or scheme approved by the Board.

(1a)A contributor who fails to inform the Board in writing of his or her election under subsection (1) within 3 months after resignation will be taken to have elected to preserve his or her accrued superannuation benefits.
(1b)If the Board is of the opinion that the limitation period referred to in subsection (1a) would unfairly prejudice a contributor, the Board may extend the period as it applies to the contributor.
(1c)If a contributor resigns and elects to take the amount referred to in subsection (1)(a) the contributor is also entitled to a superannuation payment in accordance with the following provisions:
(a)the contributor may at any time require the Board to make the payment to some other superannuation fund or scheme approved by the Board;
(ab)the Board must—
(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

(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);

(b)the contributor may at any time after reaching the age of retirement require the Board to make the payment and, if no such requirement has been made on or before the date on which the contributor reaches 65 years of age, the Board will make the payment;
(c)if the contributor has reached the age of 55 years and is not employed by an employer within the meaning of the Commonwealth Act, the contributor may require the Board to make the payment to the contributor;
(d)if the contributor has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board will make the payment to the contributor;
(e)if the contributor dies, the payment will be made to the spouse of the deceased contributor or, if he or she left no surviving spouse, to the contributor's estate,

(and a payment under any of the above paragraphs excludes further rights so that a claim cannot be subsequently made under some other paragraph).
(1d)The amount of the superannuation payment referred to in subsection (1c) is the amount of the minimum contribution required to avoid payment of the superannuation guarantee charge in respect of the contributor under the Commonwealth Act together with interest from the date of resignation.
(1e)The amount of interest will be calculated and credited to the contributor at the end of each financial year and will be calculated on the amount referred to in subsection (1d) at the end of the first financial year and on the aggregate of that amount and the interest previously credited at the end of each subsequent financial year.
(1f)The rate of interest will be determined by the Board in respect of each financial year in accordance with section 20A.

If the contributor elects to preserve his or her accrued superannuation benefits, the following provisions apply—
(aa)the Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the Board to make a superannuation payment under paragraph (a);
(a)the contributor may at any time after reaching 55 years of age require the Board to make a superannuation payment and, if no such requirement has been made on or before the date on which the contributor reaches 65 years of age, the Board will make such a payment;
(b)if the contributor has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board will make the payment to the contributor;
(c)if the contributor dies, a payment will be made to the spouse of the deceased contributor or, if he or she left no surviving spouse, to the contributor's estate,
(and a payment under any of the above paragraphs excludes further rights so that a claim cannot be subsequently made under some other paragraph).

Pn	inserted by 91/1992 s 19(b)	1.7.1992
M	inserted by 91/1992 s 19(b)	1.7.1992
s 39
s 39(1)	amended by 54/1989 s 10 (Sch)	19.10.1989
amended by 78/1990 s 14(a)	17.1.1991
amended by 37/1994 s 14(a)	2.6.1994
s 39(1a) and (1b)	inserted by 78/1990 s 14(b)	17.1.1991
s 39(1c)	inserted by 91/1992 s 20(a)	1.7.1992
amended by 24/1998 s 18(a), (b)	16.4.1998
amended by 21/2003 s 10(a)	17.8.2003
(a)—(d) redesignated as (b)—(e) by 24/1998 s 18(a)	16.4.1998
amended by 37/2012 Sch 2	19.11.2012
s 39(1d)	inserted by 91/1992 s 20(a)	1.7.1992
amended by 37/1994 s 14(b), (c)	2.6.1994
s 39(1da)	inserted by 37/1994 s 14(d)	2.6.1994
s 39(1db)	inserted by 37/1994 s 14(d)	2.6.1994
substituted by 24/1998 s 18(c)	16.4.1998
s 39(1e)	inserted by 91/1992 s 20(a)	1.7.1992
deleted by 24/1998 s 18(d)	16.4.1998
s 39(2)	amended by 78/1990 s 14(c)	17.1.1991
amended by 24/1998 s 18(e)	16.4.1998
amended by 21/2003 s 10(b)	17.8.2003
amended by 37/2012 Sch 2	19.11.2012
s 39(3)	amended by 54/1989 s 10 (Sch)	19.10.1989
amended by 91/1992 s 20(b)	1.7.1992
s 39(4)	amended by 54/1989 s 10 (Sch)	19.10.1989
amended by 37/1994 s 14(e)	2.6.1994
s 39(5)	amended by 54/1989 s 10 (Sch)	19.10.1989
amended by 67/1991 s 9(a)	19.12.1991
amended by 24/1998 s 18(f)	16.4.1998
amended by 21/2003 s 10(c)	17.8.2003
amended by 37/2012 Sch 2	19.11.2012
s 39(6)	amended by 9/1989 s 9(a)	20.4.1989
amended by 54/1989 s 10 (Sch)	19.10.1989
amended by 24/1998 s 18(g)	16.4.1998
s 39(7)	amended by 54/1989 s 10 (Sch)	19.10.1989
amended by 91/1992 s 20(c), (d)	1.7.1992
substituted by 37/1994 s 14(f)	2.6.1994
amended by 41/2000 s 9(a)	17.8.2000
M	substituted by 41/2000 s 9(b)	17.8.2000
NM	amended by 45/1997 s 10	24.7.1997
substituted by 41/2000 s 9(c)	17.8.2000
S	amended by 41/2000 s 9(d)	17.8.2000
s 39(7a)	inserted by 41/2000 s 9(e)	17.8.2000
prescribed age	the prescribed age amended to read prescribed age by 37/2012 Sch 2	19.11.2012
s 39(8)	amended by 54/1989 s 10 (Sch)	19.10.1989
amended by 37/1994 s 14(g)	2.6.1994
amended by 37/2012 Sch 2	19.11.2012
s 39(8a)	inserted by 67/1991 s 9(b)	19.12.1991
s 39(8b)	inserted by 67/1991 s 9(b)	19.12.1991
amended by 91/1992 s 20(e)	1.7.1992
X	substituted by 91/1992 s 20(f)	1.7.1992
Pn	inserted by 91/1992 s 20(f)	1.7.1992
M	inserted by 91/1992 s 20(f)	1.7.1992
s 39(8c)	inserted by 91/1992 s 20(g)	1.7.1992
amended by 37/1994 s 14(h)	2.6.1994
s 39(9)	inserted by 9/1989 s 9(b)	1.7.1988
s 39(10)	inserted by 37/1994 s 14(i)	5.6.1994
s 39(10a) and (10b)	inserted by 24/1998 s 18(h)	1.7.1994
s 39(11)	inserted by 97/1995 s 8	14.12.1995
s 39A	inserted by 44/1993 s 4	27.5.1993
s 39A(1)	amended by 37/1994 s 15(a)	2.6.1994
s 39A(2)	substituted by 37/1994 s 15(b)	2.6.1994
s 39A(3)	substituted by 57/1999 s 4	1.7.1999
s 39A(3a)—(3c)	inserted by 57/1999 s 4	1.7.1999
s 39A(3d)	inserted by 57/1999 s 4	1.7.1999
amended by 21/2003 s 11	17.8.2003
s 39A(3e)—(3g)	inserted by 57/1999 s 4	1.7.1999
s 39A(3h) and (3i)	inserted by 4/2008 s 13	1.7.2008
s 39A(4)	substituted by 37/1994 s 15(c)	2.6.1994
s 39A(5)	amended by 37/1994 s 15(d)	2.6.1994
s 39B	inserted by 97/1995 s 9	14.12.1995
s 39B(4) and (5)	amended by 37/2012 Sch 2	19.11.2012
s 39C	inserted by 97/1995 s 9	14.12.1995
s 39C(4) and (7)	amended by 37/2012 Sch 2	19.11.2012
s 40
s 40(4)	inserted by 67/1991 s 10	19.12.1991
s 40A	inserted by 23/1999 s 6	1.4.1999
s 40A(2)	amended by 37/2004 s 19(1)	19.8.2004
s 40A(3)	amended by 37/2004 s 19(2)	19.8.2004
amended by 37/2012 Sch 2	19.11.2012
s 40A(4)	amended by 37/2004 s 19(3)	19.8.2004
s 40A(8)	deleted by 37/2004 s 19(4)	19.8.2004
s 40AB	inserted by 18/2014 s 12	20.11.2014
s 40B	inserted by 4/2008 s 14	1.7.2008
s 42A	inserted by 41/2000 s 10	17.8.2000
s 43	amended by 78/1990 s 15	17.1.1991
substituted by 67/1991 s 11	19.12.1991
amended by 37/2012 Sch 2	19.11.2012
s 43A	inserted by 54/1989 s 8	19.10.1989
amended by 37/1994 s 16	2.6.1994
substituted by 41/2000 s 11	17.8.2000
deleted by 4/2008 s 15	1.7.2008
s 43AA	inserted by 41/2000 s 12	17.8.2000
Pt 5A	inserted by 49/2003 s 31	18.12.2003
s 43AB	amended by 5/2006 s 5	23.6.2006
s 43AC
SIS Act	deleted by 37/2012 s 22	19.11.2012
Southern State Superannuation Fund	deleted by 51/2004 s 44	13.1.2005
s 43AF
s 43AF(6)	inserted by 4/2008 s 16	1.7.2008
s 43AG	substituted by 51/2004 s 45	13.1.2005
s 43AN
s 43AN(2)	amended by 37/2012 Sch 2	19.11.2012
Pt 6
s 43B	inserted by 91/1992 s 21	1.7.1992
s 43B(1)	s 43B redesignated as s 43B(1) by 37/1994 s 17	2.6.1994
amended by 37/2012 Sch 2	19.11.2012
s 43B(2)	inserted by 37/1994 s 17	2.6.1994
amended by 37/2012 Sch 2	19.11.2012
s 44
s 44(1)	amended by 37/1994 s 18(a)	2.6.1994
amended by 24/1998 s 19	16.4.1998
amended by 4/2000 s 9(1) (Sch 1 cl 41(a))	1.6.2000
substituted by 51/2017 s 240(1)	5.7.2018
s 44(2)	amended by 37/1994 s 18(b)	2.6.1994
deleted by 4/2000 s 9(1) (Sch 1 cl 41(b))	1.6.2000
inserted by 51/2017 s 240(1)	5.7.2018
s 44(3)	deleted by 4/2000 s 9(1) (Sch 1 cl 41(c))	1.6.2000
s 44(4)	inserted by 37/1994 s 18(c)	2.6.1994
amended by 4/2000 s 9(1) (Sch 1 cl 41(d))	1.6.2000
amended by 51/2017 s 240(2)	5.7.2018
s 45
s 45(1)	amended by 9/1989 s 10	20.4.1989
amended by 41/2000 s 13(a)—(c)	1.7.1988
amended by 37/2004 s 20(1)—(6)	19.8.2004
(e) deleted by 37/2004 s 20(3)	19.8.2004
amended by 37/2012 Sch 2	19.11.2012
s 45(1aa)	inserted by 4/2008 s 17	1.7.2008
s 45(1a)	inserted by 24/1998 s 20(a)	16.4.1998
substituted by 41/2000 s 13(d)	1.7.1988
amended by 37/2004 s 20(7)	19.8.2004
s 45(2)	amended by 24/1998 s 20(b)	16.4.1998
amended by 41/2000 s 13(e)	1.7.1988
(ba) deleted by 37/2004 s 20(8)	19.8.2004
amended by 37/2012 Sch 2	19.11.2012
s 45(3)	amended by 37/2012 Sch 2	19.11.2012
s 45(4)	substituted by 67/1991 s 12	19.12.1991
amended by 37/2004 s 20(9)	19.8.2004
amended by 37/2012 Sch 2	19.11.2012
s 45(5)	amended by 37/2012 Sch 2	19.11.2012
s 45(6)	inserted by 37/1994 s 19	2.6.1994
amended by 41/2000 s 13(f)	1.7.1988
amended by 37/2012 Sch 2	19.11.2012
s 45(7)	inserted by 37/2004 s 20(10)	19.8.2004
s 46
s 46(2)	amended by 37/2012 Sch 2	19.11.2012
s 46(4)	inserted by 9/1989 s 11	20.4.1989
s 46(5)	inserted by 9/1989 s 11	20.4.1989
amended by 37/2012 Sch 2	19.11.2012
s 47
s 47(1)	amended by 78/1990 s 16	17.1.1991
substituted by 20/1998 s 7(a)	1.10.1997
amended by 40/2001 s 9(a)	1.1.2002
amended by 37/2012 Sch 2	19.11.2012
s 47(2)	amended by 20/1998 s 7(b)	1.10.1997
substituted by 40/2001 s 9(a)	1.1.2002
s 47(4)	inserted by 20/1998 s 7(c)	1.10.1997
amended by 40/2001 s 9(b)	1.1.2002
s 47(5)	inserted by 20/1998 s 7(c)	1.10.1997
amended by 40/2001 s 9(c), (d)	1.1.2002
s 47(6)	inserted by 20/1998 s 7(c)	1.10.1997
substituted by 40/2001 s 9(e)	1.1.2002
ss 47A and 47B	inserted by 24/1998 s 21	16.4.1998
ss 47C and 47D	inserted by 4/2008 s 18	1.7.2008
s 48
s 48(1)	substituted by 9/1989 s 12(a)	20.4.1989
amended by 54/1989 s 10 (Sch)	19.10.1989
amended by 37/2012 Sch 2	19.11.2012
s 48(2)	amended by 9/1989 s 12(b)	20.4.1989
amended by 54/1989 s 10 (Sch)	19.10.1989
substituted by 41/2000 s 14	17.8.2000
substituted by 12/2001 s 26	1.7.2001
amended by 37/2012 Sch 2	19.11.2012
s 48(2a) and (2b)	inserted by 41/2000 s 14	17.8.2000
s 48(3)	inserted by 9/1989 s 12(c)	20.4.1989
amended by 37/2012 Sch 2	19.11.2012
s 49
s 49(1) and (2)	amended by 37/2012 Sch 2	19.11.2012
s 50A	inserted by 37/2012 s 23	15.6.2014
s 51A	inserted by 41/2000 s 15	17.8.2000
s 54
s 54(1)	amended by 37/2004 s 21(1)	19.8.2004
s 54(5)	amended by 54/1989 s 10 (Sch)	19.10.1989
amended by 37/2012 Sch 2	19.11.2012
s 54(6) and (7)	inserted by 37/2004 s 21(2)	19.8.2004
s 55
s 55(1)	amended by 38/1995 Sch 2	1.7.1995
amended by 24/1998 s 22	16.4.1998
(a)—(d) redesignated as (b)—(e) by 24/1998 s 22	16.4.1998
amended by 5/2006 s 6(1)—(5)	23.6.2006
amended by 51/2017 s 241	5.7.2018
s 55(1a)	inserted by 49/2003 s 32	18.12.2003
s 55(2)	substituted by 5/2006 s 6(6)	23.6.2006
s 56
s 56(1)	s 56 substituted by 24/1998 s 23	16.4.1998
s 56 amended and redesignated as s 56(1) by 5/2006 s 7(1)—(4)	23.6.2006
s 56(2)—(4)	inserted by 5/2006 s 7(4)	23.6.2006
s 57	deleted by 37/2012 Sch 2	19.11.2012
s 58
s 58(1)	amended by 37/2012 Sch 2	19.11.2012
s 58A	inserted by 91/1992 s 22	1.7.1992
s 59
s 59(1a)	inserted by 78/1990 s 17	17.1.1991
amended by 67/1991 s 13	19.12.1991
amended by 49/2003 s 33	18.12.2003
amended by 5/2006 s 8	23.6.2006
amended by 37/2012 s 24, Sch 2	19.11.2012
s 59(2)	amended by 37/2012 Sch 2	19.11.2012
s 60	inserted by 9/1989 s 13	20.4.1989
deleted by 54/1989 s 9	19.10.1989
Sch 1
cl 1
cl 1(1)	amended by 54/1989 s 10 (Sch)	19.10.1989
cl 1(2)	amended by 54/1989 s 10 (Sch)	19.10.1989
cl 1(2a)	inserted by 9/1989 s 14	1.7.1988
cl 2
cl 2(1)	amended by 54/1989 s 10 (Sch)	19.10.1989
cl 2(4)	amended by 54/1989 s 10 (Sch)	19.10.1989
amended by 67/1991 s 14	19.12.1991
deleted by 24/1998 s 24(a)	16.4.1998
cl 3A	inserted by 78/1990 s 18	17.1.1991
cl 4	amended by 54/1989 s 10 (Sch)	19.10.1989
cl 5
cl 5(1)	amended by 54/1989 s 10 (Sch)	19.10.1989
cl 6
cl 6(1)	amended by 9/1989 s 15(a)	20.4.1989
amended by 37/1994 s 20(a)	2.6.1994
FS	substituted by 37/1994 s 20(b)	2.6.1994
Z	inserted by 9/1989 s 15(b)	20.4.1989
Pn	inserted by 37/1994 s 20(c)	2.6.1994
M	inserted by 37/1994 s 20(c)	2.6.1994
cl 7
cl 7(3)	inserted by 91/1992 s 23(a)	1.7.1992
cl 9
cl 9(1a)	inserted by 9/1989 s 16(a)	20.4.1989
amended by 54/1989 s 10 (Sch)	19.10.1989
amended by 69/1992 s 30(a)	10.12.1992
cl 9(2)	amended by 54/1989 s 10 (Sch)	19.10.1989
amended by 69/1992 s 30(b)	10.12.1992
cl 9(3)	inserted by 9/1989 s 16(b)	20.4.1989
amended by 69/1992 s 30(c)	10.12.1992
amended by 91/1992 s 23(b)	1.7.1992
cl 10	substituted by 9/1989 s 17	20.4.1989
cl 11
cl 11(2)	amended by 54/1989 s 10 (Sch)	19.10.1989
cl 12
cl 12(2)	inserted by 54/1989 s 10 (Sch)	19.10.1989
amended by 38/1995 Sch 2	1.7.1995
cl 15	inserted by 91/1992 s 23(c)	1.7.1992
cl 15(1)	amended by 37/1994 s 20(d)	2.6.1994
cl 15(3)	inserted by 37/1994 s 20(e)	2.6.1994
cl 15A	inserted by 37/1994 s 20(f)	2.6.1994
cl 16	inserted by 91/1992 s 23(c)	1.7.1992
cl 17	inserted by 37/1994 s 20(g)	2.6.1994
cll 18—20	inserted by 24/1998 s 24(b)	16.4.1998
cl 21	inserted by 51/2004 s 46	3.7.2003
Sch 1A	inserted by 78/1990 s 19	17.1.1991
cl 1
heading	inserted by 37/2012 Sch 2	19.11.2012
cl 1(1)	amended by 37/1994 s 21	2.6.1994
amended by 37/2012 Sch 2	19.11.2012
cl 1(2)	amended by 67/1991 s 15(a)	17.1.1991
amended by 30/1994 Sch 4 cl 2(c)(ii)	1.7.1994
substituted by 5/2006 s 9	23.6.2006
cl 2
heading	inserted by 37/2012 Sch 2	19.11.2012
cl 2(1)	cl 2 amended and redesignated as cl 2(1) by 67/1991 s 15(b), (c)	17.1.1991
amended by 37/2012 Sch 2	19.11.2012
cl 2(2)	inserted by 67/1991 s 15(c)	17.1.1991
cl 3	heading inserted by 37/2012 Sch 2	19.11.2012
Sch 1B	inserted by 36/1999 Sch 3 (Pt 3 cl 3(c))	1.12.1999
cl 1
contributory lump sum schemes	the contributory lump sum schemes amended to read contributory lump sum schemes by 37/2012 Sch 2	19.11.2012
Electricity Industry pension scheme	the Electricity Industry pension scheme amended to read Electricity Industry pension scheme by 37/2012 Sch 2	19.11.2012
Electricity Industry Superannuation Board	the Electricity Industry Superannuation Board amended to read Electricity Industry Superannuation Board by 37/2012 Sch 2	19.11.2012
Electricity Industry Superannuation Scheme	the Electricity Industry Superannuation Scheme amended to read Electricity Industry Superannuation Scheme by 37/2012 Sch 2	19.11.2012
relevant day	the relevant day amended to read relevant day by 37/2012 Sch 2	19.11.2012
State Scheme	the State Scheme amended to read State Scheme by 37/2012 Sch 2	19.11.2012
cl 2
cl 2(3) and (4)	amended by 37/2012 Sch 2	19.11.2012
cl 3
cl 3(3), (5) and (6)	amended by 37/2012 Sch 2	19.11.2012
cl 4
cl 4(7)	substituted by 41/2000 s 16	17.8.2000
amended by 37/2012 Sch 2	19.11.2012
cl 4(8)	inserted by 41/2000 s 16	17.8.2000
cl 4(9)	inserted by 41/2000 s 16	17.8.2000
amended by 37/2012 Sch 2	19.11.2012
cl 4(10)	inserted by 41/2000 s 16	17.8.2000
Sch 3	deleted by 91/1992 s 24	1.7.1992
inserted by 5/2006 s 10	23.6.2006
cl 4
cl 4(1)	amended by 37/2012 s 25(1), Sch 2	19.11.2012
cl 4(2)	amended by 37/2012 s 25(2)	19.11.2012
cl 5	substituted by 37/2012 s 25(3)	19.11.2012
cl 6
cl 6(1)	amended by 37/2012 s 25(4)	19.11.2012
cl 10
cl 10(2)	amended by 37/2012 s 25(5)	19.11.2012
cl 12A	inserted by 37/2012 s 25(6)	15.6.2014

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.

Superannuation (Administered Schemes) Amendment Act 2006, Sch 1

5—Interpretation
In this Part—
principal Act means the Superannuation Act 1988.
6—Transitional provision
Subsections (2) and (3) of section 56 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 clause unless the South Australian Superannuation Board is satisfied, on application by a person seeking to obtain the benefit of this clause, 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.

Statutes Amendment (Domestic Partners) Act 2006

209—Transitional provision
An amendment made by a provision of this Act to a provision of the Superannuation Act 1988 that relates to the payment of a pension, lump sum or other benefit to a person on the death of a contributor applies only if the death occurs after the commencement of the amendment.

Statutes Amendment (Transition to Retirement—State Superannuation) Act 2008, Sch 1

1—Interpretation
In this Schedule—
principal Act means the Superannuation Act 1988.
2—Transitional provisions

A person—
(a)who has, before the commencement of this subclause, resigned from employment in circumstances that fall within the ambit of subsection (1) of section 28A of the principal Act (as in existence immediately before that commencement); and
(b)who has not received any benefit under that section before the commencement of this subclause,
will have 3 months from that commencement to make an election under this subclause and if such an election is not made by the expiration of that period then section 28 of the principal Act will apply to the person to the exclusion of section 28A of the principal Act.
A person to whom section 39A of the principal Act applies—
(a)who resigned or retired from employment before the commencement of this subclause; and
(b)who has not made an election under subsection (3)(b) of that section before the commencement of this subclause,
will have 3 months from that commencement to make such election (so that any election made after the expiration of that period by such a person will have no effect).
Section 40B of the principal Act, as enacted by this Act, applies only to a person whose right to the payment of a pension under the principal Act arises after the commencement of this subclause.

Statutes Amendment and Repeal (Superannuation) Act 2012, Sch 1—Transitional provisions

1—Superannuation Act and Superannuation Funds Management Corporation of South Australia Act

Regulations made under the Superannuation Act 1988 or the Superannuation Funds Management Corporation of South Australia Act 1995 before the commencement of this clause are to be read as if the amendments to the regulation making powers under those Acts effected by this Act had been in force when the regulations were made.
The person holding the office of elected member of the South Australian Superannuation Board pursuant to section 8(1)(b) of the Superannuation Act 1988 (the principal Act) immediately before the commencement of section 20 of this Act will, despite the amendments effected by that section, continue to hold office for the balance of his or her term of election (subject to any provision of the principal Act relating to the conditions of his or her office).
The person holding the office of elected member of the board of directors of the Superannuation Funds Management Corporation of South Australia pursuant to section 9(2)(a) of the Superannuation Funds Management Corporation of South Australia Act 1995 (the principal Act) immediately before the commencement of section 26 of this Act will, despite the amendments effected by that section, continue to hold office for the balance of his or her term of election (subject to any provision of the principal Act relating to the conditions of his or her office).

Statutes Amendment (SACAT No 2) Act 2017, Pt 45

242—Transitional provisions

A declaration of the District Court under section 4A of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a determination of the Tribunal.
A reference in section 4B of the principal Act to an application under section 4A of the principal Act will, on and from the relevant day, be taken to include a reference to an application under section 4A made before the relevant day.
A right of appeal under section 44 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.
Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.
In this section—
principal Act means the Superannuation Act 1988;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.

Historical versions

Retrospective amendment not included in Reprints 20—23 (see 51/2004)

Reprint No 1—15.1.1992

Reprint No 2—10.12.1992

Reprint No 3—25.3.1993

Reprint No 4—27.5.1993

Reprint No 5—9.6.1994

Reprint No 6—1.7.1994

Reprint No 7—21.10.1994

Reprint No 8—1.7.1995

Reprint No 9—14.12.1995

Reprint No 10—20.3.1997

Reprint No 11—24.7.1997

Reprint No 12—16.4.1998

Reprint No 13—1.4.1999

Reprint No 14—12.8.1999

Reprint No 15—1.12.1999

Reprint No 16—1.6.2000

Reprint No 17—17.8.2000

Reprint No 18—1.7.2001

Reprint No 19—1.1.2002

Reprint No 20—3.7.2003

Reprint No 21—17.8.2003

Reprint No 22—18.12.2003

Reprint No 23—1.1.2004

19.8.2004

13.1.2005

23.6.2006

1.6.2007

1.7.2008

1.2.2010

19.11.2012

15.6.2014

20.11.2014

1.8.2017

5.7.2018

1.5.2020

1.7.2020