South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) In this Act,
unless the contrary intention appears—
"actuary" means a Fellow or Accredited Member of the Institute of Actuaries of
Australia;
"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;
"the Benefit Scheme" means the scheme of superannuation established by the
Superannuation (Benefit Scheme) Act 1992 ;
"the Board" means the South Australian Superannuation Board continued in
existence by the Superannuation Act 1988 ;
"charge percentage" means—
(a) in
the case of a member whose conditions of employment are specified in a
contract negotiated between the member and his or her employer and which
includes an agreement between the member and the employer as to the value of
the charge percentage—the number representing that value;
(ab) in
the case of a person referred to in subsection (4), (5) or (6) of
section 14—the charge percentage fixed by or under
subsection (4), (5) or (7) of that section;
(ac) in
the case of a visiting medical officer—a percentage determined by
reference to and in accordance with the Department of Human Services Visiting
Medical Specialist (VMS) Agreement 2001 (or its successor);
(b) in
the case of a member who is not a member referred to in paragraph (a),
(ab) or (ac) but who is making contributions under Part 3 Division 3 at a rate
of at least 4.5 per cent—the percentage set out in Schedule 2 or the
charge percentage applicable under the Commonwealth Act to the employer of the
member, whichever is the greater;
(c) in
any other case—the percentage set out in Schedule 1 or the
charge percentage applicable under the Commonwealth Act to the employer of the
member in relation to whom the term is used, whichever is the greater;
"co-contribution" means a payment made in respect of a person by the
Commissioner of Taxation pursuant to the requirements of the Superannuation
(Government Co-contribution for Low Income Earners) Act 2003 of the
Commonwealth;
"co-contribution account" means an account established and maintained by
the Board as a co-contribution account in accordance with the requirements of
this Act;
"the Commonwealth Act" means the Superannuation Guarantee (Administration)
Act 1992 of the Commonwealth;
"the Consumer Price Index" means the Consumer Price Index (All groups index
for Adelaide);
"contributions" means contributions made under section 25,
section 25A or section 26C;
"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) of the Superannuation Contributions Tax Act;
"employer contribution account" in relation to a member means the account
maintained by the Board under Part 4 in the name of the member;
"employing authority" in relation to a member means—
(a) the
chief executive to whom the member is answerable on matters relating to his or
her employment;
(b) if
there is no chief executive—the authority, body or person to whom the
member is answerable;
"employment to which this Act applies" or
"employment" means employment by virtue of which the person employed—
(a) is a
member of the Triple S scheme; or
(b) was
a member of the Benefit Scheme; or
(c) in
the case of a member of the State Scheme who elects to become a member of
the Southern State Superannuation Scheme or who is a member of the
Southern State Superannuation Scheme solely by virtue of being a person in
respect of whom a co-contribution has been paid to the Board—was
entitled to apply for acceptance as a contributor to the State Scheme;
"the Fund" means the Southern State Superannuation Fund established by this
Act;
"invalidity" means physical or mental incapacity to carry out the duties of
employment;
"invalidity/death insurance benefits" means basic or voluntary
invalidity/death insurance benefits;
"member" means a member (other than a spouse member) of the
Southern State Superannuation Scheme established by this Act;
"member's contribution account" in relation to a member means the contribution
account (if any) maintained by the Board under Part 2 Division 2 in the name
of the member;
"monetary salary" means salary of a kind other than non-monetary salary;
"non-monetary salary", in relation to a member, means remuneration in any form
resulting from the sacrifice by the member of part of his or her salary;
"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 three years) of his or her employment;
"police cadet" means a person appointed under the Police Act 1998 to be
a police cadet;
"police member" means a police officer or police cadet who is a member of the
scheme other than by virtue of section 14(10a) or 15C;
"Police Superannuation Scheme" means the scheme of superannuation established
by the Police Superannuation Act 1990 ;
"preservation age" has the same meaning as in Part 6 of the
Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth
under the SIS Act;
"the 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;
"putative spouse"—see section 3A;
"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 section 34(7) or (8); 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;
"rollover account" means an account established and maintained by the Board as
a rollover account in accordance with the requirements of this Act;
"salary" in relation to a member includes all forms of remuneration (including
non-monetary salary) received by the member except—
(b)
remuneration related to overtime (other than remuneration related to overtime
that is paid by way of an annual allowance);
(c) an
amount paid in lieu of recreation leave, long service leave or any other kind
of leave;
(d) an
amount paid to the member as a consequence of the termination of the member's
employment;
"the SIS Act" means the Superannuation Industry (Supervision) Act 1993
of the Commonwealth;
"the Southern State Superannuation Scheme" or "the scheme means the scheme of
superannuation established by this Act;
"special deposit account" means a special deposit account established under
section 8 of the Public Finance and Audit Act 1987 ;
"spouse" includes a putative spouse;
"spouse account" means—
(a) a
contribution account; or
(b) a
rollover account; or
(c) a
co-contribution account,
established and maintained by the Board for the benefit of a spouse member in
accordance with the requirements of this Act;
"spouse member" means a spouse member of the Southern State
Superannuation Scheme—see section 26D;
"the State Scheme" means the scheme of superannuation established by the
Superannuation Act 1988 ;
"Superannuation Contributions Tax Act" means the
Superannuation Contributions Tax (Members of Constitutionally Protected
Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth;
"the Superannuation Funds Management Corporation of South Australia" or "the
Corporation" means the Superannuation Funds Management Corporation of South
Australia continued in existence by the
Superannuation Funds Management Corporation of South Australia Act 1995
;
"surcharge notice" means a notice issued by the Commissioner of Taxation under
section 15(7) of the Superannuation Contributions Tax Act;
"teaching hospital" means the Royal Adelaide Hospital, the North Western
Adelaide Health Service, the Flinders Medical Centre, the Repatriation General
Hospital, the Women's and Children's Hospital or Noarlunga Health Services;
"the Triple S scheme" means the Southern State Superannuation Scheme
established by this Act;
"visiting medical officer" means a person appointed as a senior visiting
medical specialist or a visiting medical specialist by the Department of Human
Services or by a teaching hospital, the Institute of Medical and Veterinary
Science or by any other hospital or health centre incorporated under the
South Australian Health Commission Act 1976 that is declared by
proclamation to be a hospital or health centre in relation to which this
definition applies;
"voluntary invalidity/death insurance" means invalidity/death insurance
granted by the Board under section 22;
"voluntary invalidity/death insurance benefits" means benefits payable in
respect of voluntary invalidity/death insurance.
(2) Where a member and
his or her employer enter into an agreement as to the value of the
charge percentage, the employing authority must give the Board written notice
of the agreement.
(3) For the purposes
of determining the amount of salary received by a member who is in receipt of
non-monetary salary, the value of the non-monetary salary will be taken to be
the amount of salary sacrificed by the member in order to receive the
non-monetary salary.
(4) References in this
Act to resignation from, or termination of, employment will be read subject to
the qualification that resignation from a particular position so that the
member can take up some other position in
employment to which this Act applies, or so that he or she can take up
employment in the same position but on a different basis, will be ignored
unless there is an interval of more than one month between the time the
resignation or termination of employment takes effect and the commencement of
the new employment.
(4a) Where a member is
employed—
(a)
pursuant to a contract for a fixed term; or
(b)
pursuant to an arrangement of the kind referred to in subsection (6); or
(c) on a
temporary basis for a particular period or until the occurrence of a
particular event,
and the employment is not renewed at the end of the term or period, the
member's employment will be taken to have been terminated by retirement or
resignation (depending on the member's age).
(4b) Despite
subsection (4a), if—
(a) a
member is employed pursuant to a contract for a fixed term; and
(b) the
member is, within the period of 3 months after the end of the term of the
contract, employed under a new contract for a fixed term in the same or
similar employment,
then—
(c) the
member will, for the purposes of Division 2 of Part 3, be taken to have
remained in the relevant employment; and
(d) if
the member was making contributions under section 25 immediately before
the end of the period of the first contract, the member will, for the purposes
of section 33A, be taken to have made contributions from his or her
salary under section 25 during the period between the 2 contracts.
(5) Subject to
subsections (6) and (7), the following provisions apply for the purposes
of this Act to and in relation to a member who is employed on a casual basis
pursuant to an arrangement under which he or she is to work for 9 or more
hours each week or for periods that average, over a 3 month period, 9 or
more hours each week:
(a)
subject to this subsection, the member will be taken to remain in employment
for a period of 12 months after the last time that he or she performed work
for the employer and accordingly—
(i)
if the member is incapacitated during that 12 month
period, he or she may be entitled to benefits under section 34 on account
of invalidity if the Board is satisfied that the member's incapacity for all
kinds of work is 60 per cent or more of total incapacity and is
likely to be permanent, and for that purpose—
(A) the member's employment will be taken
to have been terminated on account of invalidity by the employer on the date
of incapacity; and
(B) subsections (7), (8) and (9) of
section 34 will not apply; and
(C) the member must, within 6 months after
becoming incapacitated to the extent envisaged by this subparagraph, give
written notice to the Board claiming that the member is entitled to benefits
under section 34; and
(ii)
if the member dies during that period his or her spouse
or estate will be entitled to benefits under this Act;
(b) at
the expiration of that period of 12 months the member's employment will be
taken to have been terminated (if not terminated by invalidity or death) by
retirement or resignation (depending on the member's age).
(6)
Subsection (5) does not apply where the member is employed pursuant to an
arrangement under which the member is to work for three or more separate
periods during a designated period or a period determined by the occurrence of
a particular event.
(7) A member may at
any time reduce the period of 12 months referred to in subsection (5) by
notice in writing to the Board specifying the reduced period.
(8) For the purposes
of this Act, an amount of money rolled over for payment into the Fund under
the provisions of another Act that operate in conjunction with Part VIIIB of
the Family Law Act 1975 of the Commonwealth will, subject to this Act, be
taken to be money rolled over from a superannuation scheme to
the Triple S scheme.