South Australian Consolidated Acts

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SOUTHERN STATE SUPERANNUATION ACT 2009 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"actuary" means a fellow or accredited member of the Institute of Actuaries of Australia;

"Board" means the South Australian Superannuation Board continued in existence by the Superannuation Act 1988 ;

"co-contribution" means a payment made 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;

"contribution account" means—

            (a)         in relation to a member—the contribution account maintained by the Board under section 12 in the name of the member;

            (b)         in relation to a spouse member—the contribution account (if any) maintained by the Board in the name of the spouse member;

"employer contribution percentage"—see section 5;

"employing authority" in relation to a member means—

            (a)         the chief executive to whom the member is answerable on matters relating to his or her employment; or

            (b)         if there is no chief executive—the authority, body or person to whom the member is answerable;

"employment to which this Act applies" or "employment"—see subsection (3);

"Fund" means the Southern State Superannuation Fund continued in existence by this Act;

"invalidity" means physical or mental incapacity to carry out the duties of employment;

"member" means a person who is a member of the scheme under section 19 (but a reference in this Act or the regulations to a member does not include a reference to a spouse member);

"monetary salary" means salary of a kind other than non-monetary salary;

"non-monetary salary", in relation to a member, means remuneration in any form resulting from the sacrifice by the member of part of his or her salary;

"participating employer"—see section 6;

"police cadet" means a person appointed under the Police Act 1998 to be a police cadet;

"police member" means a police officer who is a police member of the Triple S scheme pursuant to regulations made under section 19(3)(b);

"Police Superannuation Scheme" means the scheme of superannuation established by the Police Superannuation Act 1990 ;

"putative spouse"—see section 7;

"repealed Act" means the Southern State Superannuation Act 1994 ;

"rollover account" means an account established and maintained by the Board as a rollover account in accordance with the requirements of this Act;

"salary" in relation to a member includes all forms of remuneration (including non-monetary salary) received by the member other than—

            (a)         remuneration related to overtime (other than remuneration related to overtime that is paid by way of an annual allowance); or

            (b)         an amount paid in lieu of recreation leave, long service leave or any other kind of leave; or

            (c)         an amount paid to the member as a consequence of the termination of the member's employment;

Note—

See subsection (2).

"Southern State Superannuation Scheme" or "scheme" means the scheme of superannuation continued in existence by this Act;

"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;

"spouse account" means—

            (a)         a contribution account; or

            (b)         a rollover account; or

            (c)         a co-contribution account,

established and maintained by the Board for the benefit of a spouse member in accordance with the requirements of this Act;

"spouse member" means a person who is a spouse member of the Triple S scheme pursuant to regulations made under section 19(3)(c);

"State Scheme" means the scheme of superannuation established by the Superannuation Act 1988 ;

"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 ;

"Triple S scheme" means the Southern State Superannuation Scheme continued in existence by this Act.

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

        (3)         This Act applies to employment by or on behalf of—

            (a)         the Crown, or an instrumentality or agency of the Crown; or

            (b)         an employer who has entered into an arrangement with the Board under section 6,

and a reference in this Act to "employment", in relation to a member, is a reference to employment of the member in employment to which this Act applies.



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