South Australian Consolidated Regulations South Australian Consolidated Regulations29B—Special provision relating to certain transferred contributors
(1)
Subregulation (2) applies to a contributor who—
(a) is
employed by a relevant entity; and
(b) is,
while retaining his or her position with the entity (the
"substantive position"), occupying an alternative position whereby he or she
is working in the Public Service (an "alternative position ).
(2) Despite any other
regulation (and despite any provision to the contrary in the Act), the salary
of a contributor to whom this subregulation applies will, for the purpose of
determining contributions and benefits, be determined in accordance with the
following:
(a) if
the contributor has occupied an alternative position for less than
12 months, the contributor's salary for the purpose of determining
contributions and benefits will be taken to be the salary received by the
contributor in respect of the substantive position immediately before
beginning to occupy an alternative position;
(b)
if—
(i)
the contributor has occupied an alternative position for
12 months or more; and
(ii)
the contributor's remuneration in respect of such a
position is the same as, or less than 25% higher than, his or her remuneration
in respect of the substantive position immediately before beginning to occupy
an alternative position,
the contributor's salary for the purpose of determining contributions and
benefits will be taken to be the highest level of salary received by the
contributor in respect of an alternative position occupied by the contributor;
(i)
the contributor has occupied an alternative position for
12 months or more; and
(ii)
the contributor's occupation of such a position commenced
before the relevant day; and
(iii)
the contributor's remuneration in respect of such a
position is at least 25% higher than his or her remuneration in respect of the
substantive position immediately before beginning to occupy an
alternative position,
the contributor's salary for the purpose of determining contributions and
benefits will be taken to be salary determined in accordance with
subregulation (4);
(i)
the contributor has occupied an alternative position for
12 months or more; and
(ii)
the contributor's occupation of such a position commenced
on or after the relevant day; and
(iii)
the contributor's remuneration in respect of such a
position is at least 25% higher than his or her remuneration in respect of the
substantive position immediately before beginning to occupy an
alternative position,
the following provisions apply:
(iv)
the contributor's salary for the purpose of determining
contributions while he or she is occupying an alternative position will be
taken to be the highest level of salary received by the contributor in respect
of any such position;
(v)
the contributor's salary for the purpose of determining
benefits will be taken to be salary determined in accordance with
subregulation (4a).
(3) Despite any other
regulation (and despite any provision to the contrary in the Act), the salary
of a contributor who transfers from employment with a relevant entity to
employment with the Public Service, and whose employment with the entity
ceases on or following the transfer, will, for the purpose of determining
contributions and benefits, be determined in accordance with the following:
(a) if
the contributor's remuneration in respect of employment with the Public
Service is the same as, or less than 25% higher than, his or her remuneration
in respect of employment with the entity immediately before his or her
transfer to the Public Service, the contributor's salary for the purpose of
determining contributions and benefits will be taken to be the highest level
of salary received by the contributor in respect of his or her employment with
the Public Service;
(i)
the contributor's remuneration in respect of employment
with the Public Service is at least 25% higher than his or her remuneration in
respect of employment with the entity immediately before his or her transfer
to the Public Service; and
(ii)
the contributor's employment with the Public Service
commenced before the relevant day,
the contributor's salary for the purpose of determining contributions and
benefits will be taken to be salary determined in accordance with
subregulation (4);
(i)
the contributor's remuneration in respect of employment
with the Public Service is at least 25% higher than his or her remuneration in
respect of employment with the entity immediately before his or her transfer
to the Public Service; and
(ii)
the contributor's employment with the Public Service
commenced on or after the relevant day,
the following provisions apply:
(iii)
the contributor's salary for the purpose of determining
contributions during the period of his or her employment in the Public Service
will be taken to be the highest level of salary received by the contributor in
respect of that employment;
(iv)
the contributor's salary for the purpose of determining
benefits will be taken to be salary determined in accordance with
subregulation (4a).
(4) Salary for the
purposes of determining contributions and benefits under
subregulation (2)(c) and subregulation (3)(b) is to be determined in
accordance with the following formula:
where—
"S" is the salary
"S" "1" is the highest level of salary received by the contributor while
employed by, and undertaking duties for, the relevant entity, adjusted to
reflect any movement in salaries for the same classification with that
employer
"S" "2" is the highest level of salary received by the contributor in respect
of his or her employment with the Public Service, adjusted to reflect any
movement in salaries for the same classification with that employer.
(4a) Salary for the
purposes of determining benefits under subregulation (2)(d)(v) and
subregulation (3)(c)(iv) is to be determined in accordance with the
following formula:
where—
"S" is the salary
"S" "1" is the highest level of salary received by the contributor while
employed by, and undertaking duties for, the relevant entity, adjusted to
reflect any movement in salaries for the same classification with that
employer
"S" "2" is the highest level of salary received by the contributor in respect
of his or her employment with the Public Service, adjusted to reflect any
movement in salaries for the same classification with that employer
"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 he or she was employed with the Public
Service (with any part of a contribution month being taken to be a full
contribution month).
(5) For the purposes
of the definitions of "S" "1" and "S" "2" in subregulations (4) and (4a),
if the classification level of the position occupied by a contributor no
longer exists when his or her salary is to be determined, adjustments will
then be made according to changes in the Consumer Price Index from the day on
which the classification level ceased to exist.
(6) In this
regulation—
"relevant day" means the day on which the Superannuation (Salary) Variation
Regulations 2008 came into operation.