Superannuation Variation Regulations 2008 (SA)

South Australia

Superannuation Variation Regulations 2008

under the Superannuation Act 1988

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Superannuation Regulations 2001

1. Variation of regulation 25—Exclusion of certain remuneration from salary

2. Variation of regulation 25A—Inclusion of certain allowances as component of salary

Part 1—Preliminary

1—Short title

These regulations may be cited as the Superannuation Variation Regulations 2008.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Superannuation Regulations 2001

4—Variation of regulation 25—Exclusion of certain remuneration from salary

Regulation 25(1)—before "on call allowances" insert:

remote call or

5—Variation of regulation 25A—Inclusion of certain allowances as component of salary

1. Regulation 25A(1)(a)—delete paragraph (a) and substitute:

   (a)an Attraction and Retention Allowance payable under the Department of Health Salaried Medical Officers Enterprise Agreement 2008 (or its successor) or otherwise payable to a person registered as a medical practitioner under the law of this State;

2. Regulation 25A(1)(g)—delete paragraph (g) and substitute:

   (g)Child Protection Unit - Forensic Child Protection Consultant Allowance.

3. Regulation 25A(2)—after "(and despite any provision to the contrary in the Act)," insert:

   but subject to subregulation (4),

4. Regulation 25A—after subregulation (2) insert:

   (3)If a contributor was, immediately before the commencement of the Department of Health Salaried Medical Officers Enterprise Agreement 2008, in receipt of an Intensive Care Unit Consultant Allowance or a Psychiatrist Attraction and Retention Loading, the period of time during which the contributor was in receipt of that allowance or loading is to be taken into account for the purposes of determining X in subregulation (2).

   (4)If the amount determined to be FS in subregulation (2) for a contributor who is a Consultant (other than an Intensive Care Unit Consultant or a Consultant Psychiatrist) is less than the amount of the contributor's notional salary, the contributor's salary for the purposes of determining benefits will be taken to be his or her notional salary.

   (5)Pursuant to section 59(1a)(d) of the Act, if an allowance to which this regulation applies absorbs, or is paid in lieu of, some other allowance (a prior allowance), section 4(4) of the Act does not apply in respect of any reduction of salary resulting from the discontinuation of the prior allowance.

   (6)In this regulation—

   Consultant has the same meaning as in the South Australian Medical Officers Award (as in force on the day on which this regulation comes into operation);

   notional salary of a contributor means the contributor's actual or attributed salary immediately before the cessation of his or her employment—

   (a)excluding any allowance referred to in subregulation (1); but

   (b)incorporating any loading or allowance to which he or she was entitled under an award or enterprise agreement immediately before the commencement of the Department of Health Salaried Medical Officers Enterprise Agreement 2008.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 18 December 2008

No 311 of 2008

MIR29/08CS & T&F08/077CS