Superannuation Regulations 1988 (SA)
(Reprint No. 4)
South Australia
REGULATIONS UNDER THE SUPERANNUATION ACT
being
No. 122 of 1988:
as varied by
No. 60 of 1989:
Gaz . 4 May 1989, p. 12012 No. 155 of 1989:
Gaz . 10 August 1989, p. 549No. 203 of 1989:
Gaz . 2 November 1989, p. 1420No. 26 of 1990:
Gaz . 22 February 1990, p. 5173 No. 164 of 1990:
Gaz . 9 August 1990, p. 5484 No. 3 of 1991:
Gaz . 17 January 1991, p. 193No. 78 of 1991:
Gaz. 20 June 1991, p. 1947No. 92 of 1991:
Gaz . 27 June 1991, p. 21005 No. 264 of 1991:
Gaz. 19 December 1991, p. 1971No. 43 of 1993:
Gaz . 25 March 1993, p. 10726 No. 206 of 1993:
Gaz . 9 September 1993, p. 10867 No. 23 of 1994:
Gaz . 14 April 1994, p. 10058 No. 170 of 1994:
Gaz . 20 October 1994, p. 12409 No. 13 of 1996:
Gaz . 25 January 1996, p. 84110 No. 44 of 1997:
Gaz . 10 April 1997, p. 149111 No. 175 of 1997:
Gaz . 24 July 1997, p. 21012 No. 223 of 1999:
Gaz . 18 November 1999, p. 240813
No. 193 of 2000: Gaz . 17 August 2000, p. 575 14 1 Came into operation 1 July 1988: reg. 2.
2 Came into operation 4 May 1989: reg. 2.
3 Came into operation 22 February 1990: reg. 2.
4 Came into operation 1 September 1990: reg. 2.
5 Came into operation 1 July 1991: reg. 2.
6 Came into operation 25 March 1993: reg. 2.
7 Came into operation 9 September 1993: reg. 2.
8 Came into operation 14 April 1994: reg. 2.
9 Came into operation 20 October 1994: reg. 2.
10 Came into operation 25 January 1996: reg. 2.
11 Came into operation 10 April 1997: reg. 2.
12 Came into operation 24 July 1997: reg. 2.
13 Came into operation 18 November 1999: reg. 2.
1. Citation
2. Commencement
3. Interpretation
4. Interpretation
5. Election of members
6. Timetable for elections
7. Persons eligible to vote
8. Nominations
9. Election without ballot
10. Ballot papers
11. Electoral material to be provided with ballot papers
12. Voting
13. Duplication and late return of ballot papers
14. Counting of votes
15. Scrutineers
16. Declaration of election
17. Interpretation
18. Right to apply for commutation
19. Proportion of pension that may be commuted
20. Commutation factors
23. Restriction on commutation
23A. | Adjustment of commutation factors |
23B. | Rounding off lump sums |
PART 4 SALARY
23C. | Interpretation |
24. | Exclusion of certain remuneration from salary |
24A. | Exclusion of non-monetary remuneration |
24AB. | Prescription of enterprise agreement |
24AC. | Proportion of remuneration package that is salary |
DIVISION 3—PROVISIONS APPLICABLE TO BOTH TEC SALARY AND NON TEC SALARY
24B. | Salary in relation to fixed term appointments |
25. Prescribed authorities, etc.
26. Liability of Trust to Land Tax and Stamp Duty
27. Fund’s share of administration costs
29. Limitation of benefits under new scheme
30. Classification of contributors as old scheme contributors
31. Contributions by employee on leave without pay
32. Criteria for approval of other funds and schemes
33. Notice to the Board on retrenchment
34. Period of notice
35. Notice to the Board on invalidity
36. Minimum pension payable to eligible children
36AA. | Prescription of employer under s. 39 of Act |
37. | Acceptance of contributor without medical examination |
38. | Deduction of contributions from salary |
39. | Payment in case of pensioner who is incompetent |
40. | Employment of medical practitioner |
41. | Minimum pension |
42. | Reduction of the amount of arrears from contributor’s salary |
43. | Notification to Board on change in working hours |
1. These regulations may be cited as theSuperannuation Regulations 1988 .
2. These regulations will come into operation on 1 July, 1988.
3. In these regulations, unless the contrary intention appears—"
the Act " means theSuperannuation Act 1988 ;"
the South Australian Superannuation Scheme " or "the Scheme " means the scheme of superannuation established by the Act and (where the context admits) includes the scheme of superannuation established by a corresponding previous enactment.
4. In this Part, unless the contrary intention appears—"
hour of nomination " means the hour by which nominations must be received by theElectoral Commissioner;
"
voter " means a person who is, by virtue of regulation 7, eligible to vote at an election.
(2) The notice must—
fix the date (not being less than 14 days from publication of the notice) and the hour by which nominations must be received by the Electoral Commissioner; | |
fix the date on or before which the Commissioner will post ballot papers to voters or give ballot papers to employers for distribution to voters; | |
fix the date (not being less than 21 days nor more than 28 days after the date fixed under paragraph |
(3) The Electoral Commissioner must determine the timetable in consultation with the Board.
7. (1) Persons who were—
contributors as defined in section 4(1) of the Act; or | |
(b) | membersofthesuperannuationbenefitschemeestablishedbytheSuperannuation |
members of the Southern State Superannuation Scheme established by the |
on the day preceding the day on which notice was published under regulation 6 are eligible to vote
at the election.
(2) The Board must within 7 days after the notice was published give the Electoral Commissioner a list of the voters who are eligible to vote at the election.
8. A nomination for election must be—
in a form approved by the Electoral Commissioner; and | |
signed by at least ten voters; and | |
received by the Electoral Commissioner at or before the hour of nomination. |
(2) If the number of persons nominated is greater than the number of vacancies to be filled the following regulations apply.
(2) The names of the candidates must appear on the ballot papers in a vertical list in an order determined by the Electoral Commissioner by lot.
(3) If ballot papers are not printed on watermarked paper they must be initialled by the Electoral Commissioner or by a person authorised for that purpose by the Commissioner.
(4) The Electoral Commissioner may provide a voter with a ballot paper and envelope—
by posting the ballot paper and envelope to the voter at his or her last known address; or | |
by giving the ballot paper and envelope to the voter’s employer to give to the voter. |
(2) Promotional material must be provided to the Commissioner at or before the hour of
nomination.
(3) The material must not include more than 200 words nor more than one photograph and may be printed by the Commissioner in such form as he or she thinks fit for the purpose of posting or distributing to voters.
must indicate on the ballot paper the candidate to whom the voter gives his or her first preference and the voter may indicate the order of his or her preference for the other candidates; and | |
must place the ballot paper in the envelope provided, seal the envelope and sign it; and | |
must print his or her full name in block letters adjacent to the signature; and | |
must return the envelope to the Electoral Commissioner. |
(2) A voter’s preference for candidates must be indicated by consecutive numbers (commencing with the number 1) placed in the squares opposite the names of the candidates on the ballot paper.
(2) If more than one ballot paper is returned in an envelope none of the ballot papers returned in that envelope will be counted.
(3) A ballot paper returned to the Electoral Commissioner after the close of the poll will not
be counted.
14. The following provisions apply to the counting of votes:
after counting first preferences the candidate with the fewest first preferences must be excluded and if more candidates remain than the number of vacancies to be filled each ballot paper counted to the excluded candidate must be counted to the candidate (if any) next in order of the voter’s preference; | |
this process must be continued until the number of candidates remaining is equal to the number of vacancies to be filled; | |
where two candidates have an equal number of votes and one of them must be excluded the Electoral Commissioner must determine the question by lot. |
(2) A candidate in the election cannot be a scrutineer.
Contributor who may commute | Period for application |
A contributor who is entitled to a retirement | within 3 months after retirement |
pension | |
A contributor in receipt of an invalidity | within 3 months after reaching the age of |
pension | retirement |
A contributor in receipt of a retrenchment | within 3 months after reaching the age of |
pension | 55 years or first becoming entitled to the pension, whichever is later |
A contributor who resigns before reaching | within 3 months after resignation. |
55 years of age pursuant to a voluntary separation package and is entitled to a pension under section 39A(3g) of the Act |
(2) The spouse of a deceased contributor who is entitled to a pension may apply to the Board for commutation of the whole or part of the pension in accordance with this regulation.
(3) An application for commutation of a pension payable to a spouse must—
be made within 6 months after the death of the contributor; or | |
where the pension has been suspended under section 45 of the Act—within 3 months after the spouse first becomes entitled to the pension. |
(4) Where a pension payable to a spouse is reduced (but not suspended) under section 45 of the Act, an application for commutation of the part of the pension previously denied to the spouse may be made within 3 months after he or she first becomes entitled to it (but only if a part or the whole of the other part of the pension has already been commuted).
(4a) Where—
part only of a retrenchment pension is available to a contributor because the pension is reduced under section 45; and | |
the contributor has commuted the whole, or a part, of that part of the pension, |
the contributor may, in accordance with this Division within 3 months after he or she reaches the age of retirement, commute the whole or a part of the part of the pension previously denied to him or her because of the reduction.
(4b) The spouse of a contributor who before the commencement of subregulations (3) and (4) was unable to apply for commutation of the whole or part of his or her pension by reason only of the fact that those subregulations were not in force may, within 6 months after the commencement of those subregulations, apply for commutation of the whole or part of his or her pension in accordance with whichever of them is appropriate.
(5) The Board must commute the pension within one month after receiving the application and must pay the lump sum within 14 days after commutation.
(6) The Board may extend the time within which a person may apply for commutation of a pension if, in the Board’s opinion, the person was not at fault in failing to apply within the time prescribed by this regulation and the Minister has given his or her consent to the extension.
(1) The following table sets out the maximum proportion of a pension that may be commuted by a contributor who is entitled to an invalidity pension or a retrenchment pension or by the spouse of a deceased contributor:
Annual Pension | Maximum proportion that |
may be commuted
Per cent
Less than $10 000 | 100 |
$10 000 to less than $13 000 | 75 |
$13 000 and over | 50 |
(2) On each anniversary of 1 July 1991 each of the annual pension limits set out in the left column of the table in subregulation (1) will be increased by 20 per cent of the limit applying in the previous financial year.
(3) The maximum proportion of—
the part of a retrenchment pension remaining after reduction under section 45; or | |
(b) | thepartofaretrenchmentpensionpreviouslydeniedtothecontributorbecauseof reduction under section 45, |
that may be commuted is the same as the maximum proportion that could have been commuted if
the pension had not been subject to reduction under section 45.
20. (1) The following tables set out commutation factors:
(a) | inthecaseofacontributoronretirementoronresignationpursuanttoavoluntary separation package— |
Amount of lump
Age at time of commutation | sum for each dollar of annual pension |
commuted
less than 55. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $11.50
55 - 56. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $11.50 - $11.30
56 - 57. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $11.30 - $11.10
57 - 58. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $11.10 - $10.90
58 - 59. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $10.90 - $10.70
59 - 60. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $10.70 - $10.50
60 - 61. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $10.50 - $10.30
61 - 62. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $10.30 - $10.10
62 - 63. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $10.10 - $9.90
63 - 64. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $9.90 - $9.70
64 - 65. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $9.70 - $9.50
65 - 66. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $9.50 - $9.30
66 - 67. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $9.30 - $9.10
in the case of a contributor in receipt of an invalidity pension or retrenchment pension— |
Amount of lump
sum for each dollar
Age at time of commutation | of annual pension |
commuted
55 - 56. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $11.50 - $11.30
56 - 57. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $11.30 - $11.10
60 - 61. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $10.50 - $10.30
61 - 62. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $10.30 - $10.10
in the case of a spouse of a deceased contributor— |
Amount of lump
Age of spouse at time of | sum for each dollar |
commutation | of annual pension |
commuted
50 or under. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $11.50
50 - 55 | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $11.50 - $11.00 |
55 - 60 | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $11.00 - $9.75 |
60 - 65 | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $9.75 - $8.50 |
65 - 70 | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $8.50 - $7.25 |
70 - 80 | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $7.25 - $4.75 |
80 - 90 | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $4.75 - $2.25 |
90 - 100. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $2.25 - $0.00
* * * * * * * * * *
(2) The Board is not liable to any person in respect of a payment made by the Board in accordance with subregulation (1).
PART 4 SALARY
23C. In this Division, unless the contrary intention appears—"
salary " means salary as defined by the second definition of "salary " in section 4(1) of theAct.
district and locality allowances;
construction or industry allowances;
travelling allowances;
meal allowances;
living away from home allowances;
shift work allowances;
allowances for work on public holidays or weekends not being those paid on an annual basis;
special justices allowances;
underground allowances;
payments for overtime at penalty rates;
allowances for rent, house allowed rent free, light and fuel.
(2) A higher duties allowance is excluded from the definition of salary in the Act for the purpose of calculating contributions and where such an allowance has been paid for a continuous period of less than 12 months it is excluded from the definition of salary for the purposes of calculating benefits as well but where such an allowance has been paid for a continuous period of 12 months or more, it will be included as a component of salary for the purpose of calculating benefits.
(2a) In subregulation (2)—
"
higher duties allowance " does not include remuneration received by a contributor pursuantto a fixed term appointment within the meaning of regulation 24B.
(3) Allowances or payments in respect of membership of a statutory body are excluded from
the definition of salary in the Act except—
* * * * * * * * * *
where the terms of employment as a member of the statutory body are such that the number of hours that the employee is required to work is, when averaged over the period of a year, more than 30 hours in each week; | |
in the case of an employee who is also employed in some other office or position that qualifies the employee as an employee within the meaning of the Act—where the terms of employment as a member of the statutory body and in the other office or position are such that the aggregate of the hours that the employee is required to work pursuant to employment as a member of the statutory body and in the other office or position is, when averaged over the period of a year, more than 30 hours in each week. |
(3a) The following allowances and payments are excluded from the definition of salary in
the Act:
an allowance to compensate an employee for being denied a right of private practice or for being unable to exercise a right of private practice because of the nature of his or her employment; | |
an allowance or payment to compensate an employee in respect of money that was earnt by the employee in the exercise of a right of private practice but was paid to his or her employer. |
(4) Expense allowances paid to the Agent-General are a component of the Agent-General’s salary for the purposes of the second definition of salary in the Act.
(5) This regulation does not exclude an allowance or payment from the second definition of salary in the Act that was treated as salary at the commencement of the Act unless the employee has elected, by notice in writing to the Board, to exclude the allowance or payment for the purpose of determining his or her salary.
to a monetary amount that is included as salary under the Act and these regulations for the purpose of determining both contributions and benefits; or | |
(b) | toanotherformofnon-monetaryremunerationthatisincludedassalaryunder section 4(2d) of the Act for the purpose of determining both contributions and benefits, |
the amount of the contributor’s salary will be taken not to include that component for the purpose of determining benefits unless at least five years has elapsed since the change occurred and the value of the component has been included as a component of salary for the purpose of calculating contributions continuously since the change occurred.
in respect of a new scheme contributor—82.5 per cent; | |
in respect of an old scheme contributor—78.5 per cent. |
(2) Where a component of the total remuneration package specified in a TEC contract is—
an allowance to compensate an employee for being denied a right of private practice or for being unable to exercise a right of private practice because of the nature of his or her employment; or | |
an allowance or payment to compensate an employee in respect of money that was earnt by the employee in the exercise of a right of private practice but was paid to his or her employer, |
the amount of the contributor’s salary for the purpose of determining both contributions and benefits will be taken to be an amount equivalent to the relevant proportion prescribed by subregulation (1) of the value of the total remuneration package excluding the value of that component.
(3) If, on the commencement of this regulation, the salary of a contributor whose salary is to be determined under the first definition of "
(4) The proportion determined under subregulation (3) as at the commencement of this regulation will continue to apply in relation to the contributor during his or her membership of the Scheme.
(1) Subject to subregulations (3) and (4), where a contributor has, during his or her membership of the Scheme, been appointed to a higher position for a limited term of less than five years, the contributor’s salary for the purpose of determining contributions and benefits will, during the term of the appointment, be taken to be the contributor’s basic salary.
(2) Subject to subregulation (6), where a contributor has, during his or her membership of the Scheme, been appointed to a higher position for a limited term of five years or more, the contributor’s salary for the purpose of determining contributions and benefits will thereafter be taken to be the highest level of salary achieved by the contributor during his or her membership of the Scheme.
(3) A contributor who has been appointed to a higher position for a limited term of less than five years will be taken, for the purposes of subregulation (2), to have been appointed for a term of five years or more if the term of that appointment when aggregated with the term of a previous appointment or appointments to higher positions during the contributor’s membership of the scheme is five years or more.
(4) A contributor who has been appointed to a higher position for a limited term of less than five years will, if the term is extended to five years or more, be taken, for the purposes of subregulation (2) to have been appointed for a term of five years or more on the day on which the term is extended.
(5) The highest level of salary achieved by the contributor will be determined by comparing the salary levels for the time being of all positions held by the contributor during his or her membership of the Scheme and the following provisions will apply for the purpose of the comparison:
where the salary applicable to the position that the contributor holds or to a position previously held by the contributor has been reduced (except for disciplinary reasons) or the position has ceased to exist, the salary of the position will be taken to be— | ||||
| ||||
adjusted to reflect changes in the Consumer Price Index between that day and the day on which the comparison is made; | ||||
where the contributor holds, or held, a position pursuant to special conditions as to salary negotiated with his or her employer the salary of the position will be taken to be the salary for the time being of the position (or the notional salary of the position determined under paragraph |
(6) The contributor’s salary for the purposes of determining contributions and benefits will be taken to be the contributor’s basic salary if the contributor has, by notice in writing to the Board within two months of the commencement of the fixed term appointment referred to in subregulation (2), made an election to that effect.
(7) A contributor who is employed pursuant to a fixed term appointment when this regulation comes into force is entitled to make an election referred to in subregulation (6) within two months after this regulation comes into force.
(8) An election referred to in subregulation (6) cannot be revoked and, as well as applying in relation to the fixed term appointment in relation to which it was made, applies also in relation to all subsequent periods served by the contributor pursuant to fixed term appointments.
(9) An election made by an officer of the teaching service before this regulation came into force under the corresponding regulation in force at that time will be taken to be an election referred to in subregulation (6).
(10) A person who is employed pursuant to a fixed term appointment when he or she becomes a member of the Scheme will be taken, for the purposes of this regulation, to have been appointed to the higher position on the day on which he or she became a member of the Scheme.
(11) In this regulation, unless the contrary intention appear—
"
basic salary " in relation to a contributor on a particular day means—
where the contributor was not employed pursuant to a fixed term appointment on that day—the contributor’s salary on that day; | |
where the contributor was employed pursuant to a fixed term appointment on that day—the salary for the time being payable in respect of the position (or an equivalent position) held by the contributor immediately before the commencement of the fixed term appointment or, where the contributor has held two or more consecutive fixed term appointments, immediately before the commencement of the first of those appointments; |
"
fixed term appointment " in relation to a contributor means the appointment of thecontributor to a higher position for a limited term;
"
higher position " in relation to a contributor means a position in which the salary, or the aggregate of the various components of the salary, received by the contributor exceeds the salary, or the aggregate of the various components of the salary, received by the contributor in the same or some other position held by the contributor immediately before appointment to the higher position.
25. The following are prescribed for the purposes of section 5(1)(b) of the Act:Aboriginal Cultural Institute Incorporated
Aboriginal Lands Trust
A.I.D.S. Council of South Australia Incorporated
Australian Quarantine and Inspection Service
Construction Industry Long Service Leave Board
Forwood Products Pty. Ltd.
Foundation for Multi-Disciplinary Education in Community Health
Innovation Management Pty. Limited
The Jam Factory Workshops Incorporated
Leader of the Opposition in the House of Assembly
Murray-Darling Basin Commission
South Australian Centre for Manufacturing Pty. Ltd.
South Australian Office of Financial Supervision
South Australian Oil and Gas Corporation Pty. Ltd.
South Australian Superannuation Fund Investment Trust.
26. (1) Section 16 of the Act does not apply in relation to tax imposed by theLand Tax
(2) Section 16 of the Act does not apply in relation to duty imposed by the
27. For the purposes of section 17(7)(b) of the Act the prescribed percentage is 30.
* * * * * * * * * *
by a condition that benefits based on extrapolated contribution points are not payable; or | |
by a condition (in the case of invalidity or death) that the benefits cannot include an amount being the difference between the employee component and twice the contributor’s adjusted final salary; or | |
by both those conditions. |
(2) Where the Board proposes to impose a condition pursuant to subregulation (1) it must advise the applicant in writing of the nature of the condition and the circumstances in which it will apply.
(3) An applicant has 28 days after receiving written advice from the Board under subregulation (2) to withdraw the application.
(4) If the Board is satisfied that the risk that gave rise to the imposition of a condition or conditions under subregulation (1) in relation to a contributor no longer exists, the Board may revoke the condition or conditions.
immediately before becoming an employee within the meaning of the Act, the applicant was an employee of an instrumentality or agency of the Crown and was a contributor to a superannuation fund or scheme that provided pension benefits to employees of that instrumentality or agency; and | |
(b) | theapplicanthadbeenacontributortothatsuperannuationfundorschemesince 31 May, 1986; and |
the application was made immediately after the applicant became an employee within the meaning of the Act. |
(a) | thecontributorisemployedundertheEducationAct1972,andistakingtheleave instead of undertaking country service; or |
the contributor is participating in an overseas aid programme and the Minister has given approval to the contributor making the contributions; or | |
(c) | thecontributorisonsecondmenttoanotheremployerandtheMinisterhasgiven approval to the contributor making the contributions. |
(a) | theprovisionsgoverningthesuperannuationfundorschememustincludeprovisions precluding payment of the employer component carried over from the South Australian Superannuation Scheme except— | |||||
| ||||||
(b) | theprovisionsgoverningthesuperannuationfundorschememustincludeprovisions corresponding to section 28(1) |
35. A notice given to the Board by an employer under section 31(4) or 37(5) of the Act
must—
(a) | beaccompaniedbyacertificateinaformapprovedbytheBoardfromamedical practitioner stating the nature of the invalidity; and |
(b) | informtheBoardofanyinquiriesmadebytheemployerorbytheDepartmentof Personnel and Industrial Relations as to other suitable employment, carrying a salary of at least 80 per cent of the salary applicable to the contributor’s present position, available to the contributor with that or any other employer and the result of those inquiries; and |
inform the Board of the contributor’s existing or future entitlement (if any) to weekly payments of workers compensation. |
36. For the purposes of section 38(3) the prescribed amount of the fortnightly pension is—
$8 where a benefit is payable or has been paid to a spouse of the contributor; | |
$12 where no such benefit is or was payable. |
36AA. SAGASCO Resources Ltd. is prescribed for the purposes of section 39(9) of the Act.
* * * * * * * * * *
the applicant must have been a member of a superannuation fund or scheme immediately before becoming an employee; | |
(b) | theapplicantmusthavepreservedhisorherbenefitsinthatfundorschemeif preservation was an option available to the applicant under the fund or scheme; |
if preservation was not an option the applicant must have paid to the Treasurer any amount that the applicant had received from that superannuation fund or scheme on resignation. |
(2) Any amount received from the superannuation fund or scheme by a contributor after acceptance by the Board pursuant to subregulation (1) must be paid by the contributor to the Treasurer within 14 days after receipt.
(3) The Board cannot impose conditions limiting the benefits payable under the Act to a contributor accepted under this regulation except in relation to an illness or condition that had been diagnosed or was apparent at or before the time at which the contributor became a member of the previous superannuation fund or scheme.
(4) An amount received from a superannuation fund or scheme and paid to the Treasurer by a contributor accepted by the Board pursuant to subregulation (1) will not be taken into account when determining benefits to be financed from the General Revenue of the State.
(5) The Board may, by notice in writing given to a contributor who has failed to comply with subregulation (2), invite the contributor to reapply for acceptance as a contributor pursuant to section 22 of the Act within 14 days after service of the notice.
(6) If a contributor does not re-apply for acceptance as a contributor in accordance with subregulation (5) the contributor’s membership of the Scheme will cease and, in that event the amount standing to the credit of the former contributor’s contribution account will be repaid to the contributor.
(7) A contributor who does re-apply for acceptance as a contributor in accordance with subregulation (5) will remain a contributor on such conditions (if any) as are subsequently imposed by the Board when determining the new application.
continue to make payments in a manner authorised by the pensioner when competent; or | |
pay the pension into an account with a financial institution in the name of the pensioner; or | |
pay the pension to a person who is caring for the pensioner on condition that it is applied for the maintenance and benefit of the pensioner. |
(2) Subregulation (1) is subject to the right of a manager appointed under the
(3) In this regulation—
"
financial institution " has the meaning given to it by theFinancial Institution Duty Act 1983 .
a reduction or increase in the time worked by a contributor in part-time employment the employer
must, by notice in writing given to the Board within 14 days of the change, inform the Board of—
the date of the change; and | |
the contributor’s salary after the change and the salary that the contributor would receive if in full-time employment; and | |
the period during which the changed time is likely to apply; and | |
any illness or disability known to the employer that has caused or contributed to the change. |
(
Regulation 3: | definition of "the South Australian Superannuation Scheme" |
inserted by 203, 1989, reg. 2
Regulation 4: | definition of "contributor" revoked by 175, 1997, reg. 3(a) definition of "voter" inserted by 175, 1997, reg. 3(b) |
Regulation 5: | varied by 175, 1997, reg. 4 |
Regulation 6(2): | varied by 175, 1997, reg. 5 |
Regulation 7(1): | substituted by 175, 1997, reg. 6(a) |
Regulation 7(2): | varied by 175, 1997, reg. 6(b) |
Regulation 8: | varied by 175, 1997, reg. 7 |
Regulation 10(1): | varied by 175, 1997, reg. 8(a) |
Regulation 10(4): | varied by 175, 1997, reg. 8 |
Regulation 11(1) and (3): | varied by 175, 1997, reg. 9 |
Regulation 12(1): | varied by 175, 1997, reg. 10 |
Regulation 13(1): | varied by 175, 1997, reg. 11 |
Heading preceding regulation 17: | inserted by 60, 1989, reg. 3 |
Heading preceding regulation 18: | inserted by 60, 1989, reg. 4 |
Regulation 18(1): | substituted by 23, 1994, reg. 3(a); varied by 175, 1997, |
reg. 12(a); 223, 1999, reg. 3
Regulation 18(3): | revoked by 23, 1994, reg. 3(b); inserted by 175, 1997, reg. 12(b) |
Regulation 18(4): | substituted by 175, 1997, reg. 12(b) |
Regulation 18(4a): | inserted by 23, 1994, reg. 3(c) |
Regulation 18(4b): | inserted by 23, 1994, reg. 3(c); substituted by 175, 1997, |
reg. 12(c)
Regulation 18(6): | inserted by 264, 1991, reg. 2 |
Regulation 19: | substituted by 92, 1991, reg. 3 |
Regulation 19(a1): | inserted by 44, 1997, reg. 3(a); varied by 223, 1999, reg. 4 |
Regulation 19(1): | varied by 44, 1997, reg. 3(b) |
Regulation 19(3): | inserted by 23, 1994, reg. 4 |
Regulation 20(1): | varied by 23, 1994, reg. 5; 223, 1999, reg. 5 |
Regulation 20(2): | revoked by 60, 1989, reg. 5 |
Regulations 21 and 22: | revoked by 60, 1989, reg. 6 |
Division 3 of Part 3 comprising regs. 21 - 22D and heading inserted by 60, 1989, reg. 7; substituted by 26, 1990, reg. 3; revoked by 92, 1991, reg. 4 | |
Heading preceding regulation 23: | inserted by 60, 1989, reg. 8 |
Regulation 23A: | inserted by 60, 1989, reg. 9 |
Regulation 23B: | inserted by 26, 1990, reg. 4 |
Regulation 24(1): | varied by 203, 1989, reg. 3(a) |
Regulation 24(2): | substituted by 203, 1989, reg. 3(b) |
Regulation 24(2a): | inserted by 155, 1989, reg. 2; revoked by 203, 1989, reg. 3(b); |
inserted by 43, 1993, reg. 3(a)
Regulation 24(3): | substituted by 203, 1989, reg. 3(b) |
Regulation 24(3)(a): | revoked by 43, 1993, reg. 3(b) |
Regulation 24(3a): | inserted by 264, 1991, reg. 3 |
substituted by 203, 1989, reg. 3(b); | |
inserted by 164, 1990, reg. 3; varied by 78, 1991, reg. 2; |
substituted by 193, 2000, reg. 6
Regulation 24B: | inserted by 3, 1990, reg. 2; varied by 92, 1991, reg. 5; |
substituted by 43, 1993, reg. 4
Regulation 25: | varied by 203, 1989, reg. 4; 164, 1990, reg. 4; 43, 1993, reg. 5; |
206, 1993, reg. 3; 170, 1994, reg. 3; 13, 1996, reg. 3
Regulation 27: | varied by 203, 1989, reg. 5 |
Regulation 28: | revoked by 203, 1989, reg. 6 |
Regulation 29(1): | varied by 203, 1989, reg. 7(a) |
Regulation 29(4): | inserted by 203, 1989, reg. 7(b) |
Regulation 30: | varied by 203, 1989, reg. 8 |
Regulation 32: | varied by 203, 1989, reg. 9 |
Regulation 36AA: | inserted by 206, 1993, reg. 4 |
inserted by 203, 1989, reg. 10; substituted by 170, 1994, reg. 4; |
revoked by 193, 2000, reg. 10
Regulation 37(1): | varied by 203, 1989, reg. 11(a), (b) |
Regulation 37(2): | varied by 203, 1989, reg. 11(c) |
Regulation 37(4): | varied by 203, 1989, reg. 11(d) |
Regulation 37(6): | varied by 203, 1989, reg. 11(e) |
Regulation 37(7): | varied by 203, 1989, reg. 11(f) |
Regulation 38: | varied by 203, 1989, reg. 12 |
Regulation 40: | varied by 203, 1989, reg. 13 |
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