South Australian Consolidated Regulations South Australian Consolidated Regulations (1) Subject to
subregulations (2), (3) and (8), the following persons are not members of
the scheme:
(a) a
person employed pursuant to a fixed term contract that—
(i)
requires the employer to provide for or contribute
towards benefits for the employee in a scheme of superannuation other than the
Triple S scheme; and
(ii)
does not expressly state that the provision or
contribution by the employer referred to in subparagraph (i) is in
addition to the employee's membership of the Triple S scheme;
(b) a
person employed by the Electoral Commissioner pursuant to section 12(2)
of the Electoral Act 1985 whose remuneration in respect of that
employment does not exceed $450 per month;
(c) a
person who is a member of a Board or Committee that is an agency or
instrumentality of the Crown and whose remuneration in respect of membership
of the Board or Committee does not exceed $450 per month;
(d) a
person employed to do work of a non recurring nature or to do seasonal work
and whose remuneration in respect of that employment does not exceed
$450 per month;
(e) a
medical practitioner in respect of employment by a hospital incorporated under
the Health Care Act 2008 where the medical
practitioner is paid on a "fee for service" basis.
(a) the
State Scheme or of any other scheme established by or under an Act; or
(b) a
scheme of superannuation established for the benefit of employees of an agency
or instrumentality of the Crown,
becomes a member of the Triple S scheme whenever an entitlement to
benefits needs to accrue to the member under the Triple S scheme to
satisfy the requirements of the Commonwealth Act.
(3) If the employer
contributions pursuant to a contract referred to in subregulation (1)(a)
are not sufficient to reduce the charge percentage under the Commonwealth Act
to zero, the employee is a member of the Triple S scheme.
(4) A person who has
made an election under regulation 10 is a member of the Triple S
scheme.
(5) A person who has
made an election under regulation 12(1) or 13(1), or is taken to have
made an election under regulation 13(1), is a member of the Triple S
scheme.
(5a) A PSS 3
member who has elected under section 36 of the Parliamentary
Superannuation Act 1974 to take out voluntary invalidity/death insurance
(and who is not, at the time of making the election, a member of the
Triple S scheme) becomes a member of the Triple S scheme on the
making of the election.
(a) a
person who is not a member of the Triple S scheme has an entitlement to a
lump sum under Part 5 or under the provisions of an Act that correspond to
that Part; and
(b) that
entitlement is to be retained in the Fund, or rolled over for payment into the
Fund (as the case may be),
then that person becomes a member of the Triple S scheme by force of this
subregulation.
(7) If a
co-contribution or benefit rolled over from another superannuation fund or
scheme is paid to the Board for a person who is a member of the State Scheme
or the Police Superannuation Scheme but not, at the time of the payment, a
member of the Triple S scheme, the person becomes a member of the
Triple S scheme by virtue of this subregulation when the payment is
received by the Board.
(8) The following
persons are members of the Triple S scheme in order to provide them with
superannuation benefits in place of benefits that would have accrued to them
under the PSESS Scheme if that scheme had continued for their benefit
after 30 June 1992:
(a)
PSS 1 members of the superannuation scheme established by the
Parliamentary Superannuation Act 1974 who are sitting members of the
Legislative Council or the House of Assembly;
(b)
members of a superannuation scheme established by a hospital incorporated
under the Health Care Act 2008 ;
Exception—
This paragraph does not apply to former members of—
(a) the
Bordertown Memorial Hospital Incorporated Superannuation Fund; or
(b) the
Kingston Soldiers' Memorial Hospital Incorporated Superannuation Fund; or
(c) the
Mothers' and Babies' Health Association Superannuation Fund.
(c)
those members of the SAHC Visiting Medical Officers Superannuation Fund
established by a trust deed dated 24 February 1983 who were
appointed as visiting medical specialists on or before the commencement of
paragraph (c) of regulation 11(1) of the revoked Southern State
Superannuation Regulations 1995 ;
(d)
those members of the State Scheme referred to in clause 15(1)(c) of
Schedule 1 of the Superannuation Act 1988 ;
(e) an
employee of the Adelaide Festival Centre Trust who is a member of a scheme of
superannuation established for the benefit of the employee;
(f)
those contributors to the State Scheme who are employees of TransAdelaide and
whose names appear in Schedule 1 of the Superannuation (STA Employees)
Regulations 2005 made under the Superannuation Act 1988 ;
(g)
those persons whose names appear in the Schedule to the Superannuation (Lyell
McEwin Employees) Regulations 1999 ;
(h)
those persons whose names appear in Schedule 1 of the
Superannuation (Julia Farr Services Employees) Regulations 2003 .