South Australian Consolidated Regulations

SOUTHERN STATE SUPERANNUATION REGULATIONS 2009 - SCHEDULE 3

Schedule 3—Transitional provisions

Part 2—Transitional provisions

2—Members previously entitled to future service benefit

        (1)         Subject to this clause, a member of the scheme who was, immediately before the commencement of the Southern State Superannuation (Invalidity/Death Insurance) Amendment Act 2001 (the amending Act ), a member—

            (a)         who would have been entitled to a basic future service benefit in the circumstances referred to in section 34 of the repealed Act as in force immediately before the commencement of the amending Act; or

            (b)         in respect of whom a basic future service benefit would have been payable in the circumstances referred to in section 35 of the repealed Act as in force immediately before the commencement of the amending Act,

but who was not a supplementary future service benefit member is entitled to a level of basic invalidity/death insurance that, in the opinion of the Board, will give the member invalidity and death insurance equivalent to or greater than the level of basic insurance that he or she was entitled to immediately before the commencement of the amending Act.

        (2)         A person who was, immediately before the commencement of the amending Act, a supplementary future service benefit member of the scheme is entitled to a level of basic and voluntary invalidity/death insurance the combined value of which will, in the opinion of the Board, give the member invalidity and death insurance equivalent to or greater than the combined level of basic and supplementary insurance that he or she was entitled to immediately before the commencement of the amending Act.

        (3)         A member referred to in subclause (1) may, by application in the approved form, reduce the level of basic invalidity/death insurance to which he or she is entitled under that subclause to the level permitted by these regulations.

        (4)         The entitlement of a person to voluntary invalidity/death insurance under subclause (2) is subject to the same conditions (if any) that his or her entitlement to supplementary future service benefits was subject immediately before the commencement of the amending Act.

        (5)         If a member referred to in subclause (1) had, before the repeal of the Southern State Superannuation Act 1994 , reduced the level of basic invalidity/death insurance to which he or she was entitled under that Act—

            (a)         subclause (1) does not operate in relation to the member; and

            (b)         the member is entitled, on the commencement of this clause, to the level of basic invalidity/death insurance he or she enjoyed immediately before that repeal.

3—Visiting medical officers

        (1)         Subject to this clause, a transferred visiting medical officer is entitled (without being required to undergo a medical examination) to maintain the insurance cover the member enjoyed under the VMO Fund immediately prior to the repeal of the Superannuation (Visiting Medical Officers) Act 1993 (subject to any adjustments that would have occurred from time to time under the terms of that insurance).

        (2)         The insurance cover to which a transferred visiting medical officer is entitled under subclause (1)—

            (a)         will be in substitution for invalidity/death insurance under Part 3 of these regulations (and that Part will not apply while the insurance cover under subclause (1) is maintained); and

            (b)         will, if the transferred visiting medical officer had attained the age of 60 at the time he or she became a member of the scheme (but had not yet attained the age of 65)—

                  (i)         be available to the member despite the fact that he or she has attained the age of 60; and

                  (ii)         continue to be available to the member until he or she attains the age of 65; and

            (c)         will be subject to premiums, determined by the Board, being premiums that do not exceed the premiums the member was paying under the VMO Fund immediately before 1 July 2003.

        (3)         If a transferred visiting medical officer suffers from a medical condition or restriction relevant to the determination of his or her entitlements under the VMO Fund, any insurance cover to which he or she is entitled under subclause (1) may be subject to such authorised conditions as the Board thinks fit to impose.

        (4)         A transferred visiting medical officer may apply to the Board to cancel or vary the insurance cover provided by subclause (1) but, in such a case, the transferred visiting medical officer will then be subject to the operation of Part 3 of these regulations.

        (5)         This clause does not apply in relation to a transferred visiting medical officer who has, before the commencement of this clause, applied to the Board to cancel or vary the insurance cover provided by Schedule 3 Part 1 clause 12(1) of the repealed Act.

        (6)         In this clause—

authorised condition has the same meaning as in regulation 49;

transferred visiting medical officer means a visiting medical officer who, immediately before 1 July 2003, was a member of the VMO Fund;

VMO Fund means the SAHC Visiting Medical Officers Superannuation Fund established by a trust deed dated 24 February 1983.

4—Transitional arrangement for certain police members (Schedule 1 clause 12)

For the purposes of subclause (2)(d) of clause 12 of Schedule 1 of the Act, the benefits to which a police member may be entitled under that subclause on his or her retirement in lieu of benefits under regulation 54 are to be determined in accordance with the following formula:

where—

LS is the minimum benefit

FS is the member's actual or attributed salary as defined by the Police Superannuation Act 1990 (expressed as an annual amount)

X is the number of months (if any) by which the member's age at retirement exceeds 50 years, with a maximum value of 60

Y is the number of months (if any) by which the member's age at retirement exceeds 55 years

Pn is—

            (a)         in the case of a member who was employed on a full-time basis throughout his or her membership of the Police Superannuation Scheme and the Triple S scheme—1; and

            (b)         in any other case—

A is the lesser of the following:

(a)	unity;
(b)

M is the number of completed months between the day on which the member commenced service and the day of his or her retirement

D is—

            (a)         if the age of the member at retirement is less than 55—360;

            (b)         if the age of the member at retirement is 55 or greater but less than 60—360 plus Y;

            (c)         if the age of the member at retirement is 60 or greater—420

Pn8 is, for the period of the member's membership of the Police Superannuation Scheme—

            (a)         in the case of a member who was employed on a full-time basis throughout his or her membership of that Scheme—1; and

            (b)         in any other case—the numerical value arrived at by expressing the member's employment for the period beginning on the day on which he or she became a member of that Scheme and ending on the day immediately before he or she became a member of the Triple S scheme as a proportion of full-time employment during that period

M8 is the number of completed months between the day the member commenced service and the day immediately before the day on which he or she became a member of the Triple S scheme

PnTS is, for the period of the member's membership of the Triple S scheme—

            (a)         in the case of a member who was employed on a full-time basis throughout his or her membership of that scheme—1; and

            (b)         in any other case—the numerical value arrived at by expressing the member's employment for the period beginning on the day on which he or she became a member of that scheme and ending on the day of his or her retirement as a proportion of full-time employment during that period.

5—Application for disability pension

The following provisions apply in relation to any application for a disability pension made under section 33A of the repealed Act that was not determined by the Board before the repeal of that Act:

            (a)         the application will be taken to have been made under regulation 36;

            (b)         if the application was made by a person who—

                  (i)         was not exempted from the ambit of section 33A of the repealed Act; but

                  (ii)         is exempted from the ambit of regulation 36 by virtue of being a casual member (within the meaning of regulation 37),

the member will, for the purposes of that application, be taken to have been brought within the ambit of regulation 36 on and from the day on which these regulations come into operation.

6—Restrictions on payment of disability pension for certain members

        (1)         This clause applies to a member (other than a prescribed member within the meaning of Part 3) who—

            (a)         was not entitled to obtain a benefit in the event of incapacity for work under section 33A of the repealed Act immediately before the repeal of that Act; but

            (b)         would, but for this clause, be entitled to obtain a benefit in the event of incapacity for work under regulation 36 on the commencement of that regulation.

        (2)         Regulation 36 will operate in relation to a member to whom this clause applies on and from, but not before, 31 October 2009.

        (3)         However, if a member to whom this clause applies elects before 31 October 2009, by written notice to the Board, to be exempted from the ambit of regulation 36, the member will be taken to have made an election under regulation 37(1).

        (4)         An election under subclause (3) will take effect from 31 October 2009.

        (5)         A member to whom this clause applies who was employed in employment to which the Act applies for a period of at least 3 months prior to the commencement of the Act is not entitled during the relevant period to a disability pension under regulation 36 in respect of incapacity attributable to a medical condition existing before the day of that commencement.

        (6)         In subclause (5)—

relevant period means the 2 year period commencing on the day on which the Act comes into operation.

7—Continuation of disability pension for certain members

Regulation 36(19) does not apply in relation to a disability pension if payment of the pension commenced before the commencement of these regulations.

8—Post retirement investment

Funds held under section 47B of the repealed Act will continue as funds held under regulation 45.

9—Conditions of insurance

If an application for invalidity or death insurance under the repealed Act was granted on conditions, the conditions continue to apply in relation to the insurance under these regulations unless varied or removed by the Board under regulation 49(5).