South Australian Consolidated Regulations South Australian Consolidated Regulations25—Exclusion of certain remuneration from salary
(1) Subject to this
regulation, the following allowances and payments are
excluded from the definition of "salary" in the Act:
district and locality allowances;
construction or industry allowances not being those paid on an annual basis;
remote call or on call allowances not being those paid on an annual basis;
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;
the Dental Services Officer Country Incentive Allowance;
performance allowances that are payable only if it is determined that
specified criteria have been met;
attraction and retention allowances not being any of the following:
(a)
those paid on an annual basis and not subject to an annual review;
(b)
those paid without any requirement for a determination that specified criteria
have been met;
(c)
those to which regulation 25A applies;
payments made in lieu of a period of long service leave to which an employee
has accrued an entitlement.
(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, subject to subregulation (3), be included as a component
of salary for the purpose of calculating benefits.
(3) Where the amount
of the allowances has changed during the period of 12 months immediately
preceding termination of the contributor's employment, the allowance will be
included as a component of salary for the purpose of calculating benefits at
the lowest level paid during that period.
(4) In
subregulation (2)—
"higher duties allowance" does not include remuneration received by a
contributor pursuant to a fixed term appointment within the meaning of
regulation 29.
(5) Allowances or
other payments in respect of membership of a statutory
body are excluded from the definition of "salary".
(6) The following
allowances and payments are excluded from the definition
of "salary":
(a) 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;
(b) an
allowance or payment to compensate an employee in respect of money that was
earned by the employee in the exercise of a right of private practice but was
paid to his or her employer.
(7) Expense allowances
paid to the Agent-General are a component of the Agent-General's salary for
the purposes of the definition of
"salary".
(7a) The annual
overtime allowance payable under the South Australian Government Wages Parity
(Weekly Paid) Enterprise Agreement 2004 and the Chauffers (Ministerial) Public
Service Award is, for the purposes of the
definition of "salary", a component of the salary paid to a person under the
agreement or award.
(8) This regulation
does not exclude an allowance or payment from the
definition of "salary" in the Act that was paid to an employee and 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.