South Australian Consolidated Regulations South Australian Consolidated Regulations25A—Inclusion of certain allowances as component of salary
(1) This regulation
applies to the following allowances:
(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;
(ab) an
Attraction and Retention Allowance payable to a person in connection with the
person's employment on the APY lands;
(b)
Dental Services Officer Attraction and Retention Allowance;
(c)
Dental Services Officer Clinical Leader Management/Leadership Allowance;
(d)
Dental Services Officer Regional Director/Evaluation Director
Management/Leadership Allowance;
(e)
Dental Services Officer Registered Dental Specialists Management/Leadership
Allowance;
(f)
Dental Services Officer Policy and Program Director Management/Leadership
Allowance;
(fa)
Dental Therapist Rural Attraction and Retention Allowance;
(g)
Child Protection Unit - Forensic Child Protection Consultant Allowance.
(2) Despite any other
regulation (and despite any provision to the contrary in the Act), but subject
to subregulation (4), an allowance to which this regulation applies will
be included as a component of salary for the purposes of determining benefits
payable to a contributor who has received the allowance during his or her
membership of the scheme in accordance with the following formula:
where—
"FS" is the salary
"S" "1" is the contributor's actual or attributed salary, excluding the
allowance, immediately before the cessation of his or her employment
"S" "2" is the contributor's actual or attributed salary, including the
allowance, immediately before the cessation of his or her employment
"CM" is the number of contribution months in the contributor's contribution
period
"X" is the number of contribution months in that part of the contributor's
contribution period during which the contributor was in receipt of the
allowance (with any part of a contribution month being taken to be a full
contribution month).
(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—
"APY lands" means the lands vested in Anangu Pitjantjatjara Yankunyjatjara
under the A n angu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 ;
"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
.