South Australian Consolidated Regulations South Australian Consolidated Regulations (1) In these
regulations, unless the contrary intention appears—
"Act" means the Southern State Superannuation Act 2009 ;
"approved form" means a form approved by the Board;
"basic invalidity/death insurance" means invalidity/death insurance to which a
member is entitled by virtue of his or her membership of the scheme;
"basic invalidity/death insurance benefits" means benefits payable in respect
of basic invalidity/death insurance;
"contributions" means contributions made pursuant to section 20 of the
Act;
"deferred superannuation contributions surcharge" in relation to a member
means the amount that the member is liable to pay the Commissioner of Taxation
under section 15(6) or (6AA) of the Superannuation Contributions Tax Act;
"employee contribution account" means the division of a member's contribution
account to which employee contributions are being or have been credited
pursuant to regulation 16(4);
"employer contribution account" means the division of a member's contribution
account to which employer contributions are being or have been credited
pursuant to regulation 16(2);
"invalidity/death insurance benefits" means basic or voluntary
invalidity/death insurance benefits;
"medical practitioner" means a person registered under the Health Practitioner
Regulation National Law to practise in the medical profession (other than as a
student);
"notional salary" in relation to a member who is entitled to a disability
pension means the salary that the member would be receiving if he or she had
not become incapacitated and had continued in active employment in the same
position and at the same grade as were applicable immediately before the
commencement of his or her incapacity and, if the member was not then in
full-time employment, the notional salary will be calculated on the basis of
the member's average hours of employment (excluding overtime) over the period
(not exceeding the last 3 years) of his or her employment;
"preservation age" has the same meaning as in Part 6 of the
Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth
under the SIS Act;
"PSESS Scheme" means the superannuation scheme known as the Public Sector
Employees Superannuation Scheme established pursuant to a deed of arrangement
dated 27 September 1989 between the Treasurer and the secretary of
the United Trades and Labor Council;
"PSS 3" means the scheme of superannuation known as PSS 3 under the
Parliamentary Superannuation Act 1974 ;
"PSS 3 member" means a member of PSS 3 under the
Parliamentary Superannuation Act 1974 ;
"retirement age" means—
(a) in
the case of a member who is a police officer—the age of 50 years;
and
(b) in
the case of any other member or a spouse member—the age of
55 years;
"retrenchment" in relation to a member means the termination of the member's
employment by his or her employer for any reason except on account of—
(a)
invalidity in the circumstances referred to in regulation 58(11) or (12);
or
(b) the
unsatisfactory performance by the member of his or her duties (including the
member's failure to meet performance standards); or
(c) the
loss by the member of a qualification that is necessary for the proper
performance of his or her duties; or
(d) the
member's bankruptcy or insolvency; or
(e) the
fact that the member has engaged in remunerative employment or an occupation
or business outside the duties of his or her position; or
(f) any
other conduct that justifies termination of the member's employment;
"SIS Act" means the Superannuation Industry (Supervision) Act 1993 of
the Commonwealth;
"special deposit account" means a special deposit account established under
section 8 of the Public Finance and Audit Act 1987 ;
"Superannuation Contributions Tax Act" means the
Superannuation Contributions Tax (Members of Constitutionally Protected
Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth;
"surcharge notice" means a notice issued by the Commissioner of Taxation under
section 15(7) of the Superannuation Contributions Tax Act;
"terminal illness", of a person, means an illness or condition that is likely,
in the opinion of at least 2 medical practitioners (1 of whom must have
specialist expertise in the relevant field of medicine), to result in death of
the person within 12 months of the day on which the opinion is given;
"visiting medical officer" means a person appointed to a hospital incorporated
under the Health Care Act 2008 as a senior visiting medical specialist or
a visiting medical specialist by the administrative unit of the public service
that is primarily responsible for assisting a Minister in the administration
of that Act;
"voluntary invalidity/death insurance" means invalidity/death insurance
granted by the Board under Part 3 Division 2 Subdivision 2, Part 3 Division 3
or Part 3 Division 4;
"voluntary invalidity/death insurance benefits" means benefits payable in
respect of voluntary invalidity/death insurance.
(2) For the purposes
of these regulations, an amount of money rolled over for payment into the Fund
under the provisions of an Act that operate in conjunction with
Part VIIIB of the Family Law Act 1975 of the Commonwealth will,
subject to these regulations, be taken to be money rolled over from a
superannuation scheme to the Triple S scheme.
(3) If—
(a) a
person became a member of the scheme or made an election under a
provision of the repealed Act (the "earlier provision"); and
(b) a
provision of these regulations corresponds to the earlier provision,
the person will be taken, for the purposes of these regulations, to be a
member of the scheme by virtue of, or to have made an election under, (as the
case may be) that corresponding provision.
Examples—
A person who became a member of the scheme under section 14(9) of the
repealed Act will be taken to be a member of the scheme by virtue of
regulation 9(5).
A person who made an election under section 15B(1) of the repealed Act
will be taken to have made an election under regulation 12(1).