{"id":"southern-state-superannuation-regulations-2009","name":"Southern State Superannuation Regulations 2009","slug":"southern-state-superannuation-regulations-2009","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237360,"registerId":"sa-southern-state-superannuation-regulations-2009-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThese regulations may be cited as the Southern State Superannuation Regulations 2009.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Southern State Superannuation Act 2009;\nadditional invalidity/death insurance means invalidity/death insurance granted by the Board under Part 3 Division 2 Subdivision 2;\nadditional invalidity/death insurance benefits means benefits payable in respect of additional invalidity/death insurance;\napproved form means a form approved by the Board;\ncontributions means contributions made pursuant to section 20 of the Act;\ndefault invalidity/death insurance—see regulation 28;\ndefault invalidity/death insurance benefits means benefits payable in respect of default invalidity/death insurance;\ndeferred 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;\nemployee 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);\nemployer 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);\ngainful employment, of a person, means employment (including self-employment) of the person for gain or reward in a business, trade, profession, vocation, calling or occupation;\ninvalidity/death insurance benefits means default or additional invalidity/death insurance benefits;\nlegal personal representative—see subregulation (4);\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\npolice disability pension—see regulation 38A;\npreservation age has the same meaning as in Part 6 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth under the SIS Act;\nPSESS 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;\nPSS 3 means the scheme of superannuation known as PSS 3 under the Parliamentary Superannuation Act 1974;\nPSS 3 member means a member of PSS 3 under the Parliamentary Superannuation Act 1974;\nretirement age of a person means—\n\t(a)\tin the case of a police officer—the age of 50 years; and\n\t(b)\tin any other case—the age of 55 years;\nretrenchment 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—\n\t(a)\tinvalidity in the circumstances referred to in regulation 58(11)(a), (b), (c) or (e); or\n\t(b)\tthe unsatisfactory performance by the member of his or her duties (including the member's failure to meet performance standards); or\n\t(c)\tthe loss by the member of a qualification that is necessary for the proper performance of his or her duties; or\n\t(d)\tthe member's bankruptcy or insolvency; or\n\t(e)\tthe fact that the member has engaged in remunerative employment or an occupation or business outside the duties of his or her position; or\n\t(f)\tany other conduct that justifies termination of the member's employment;\nSIS Act means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;\nspecial deposit account means a special deposit account established under section 8 of the Public Finance and Audit Act 1987;\nSuperannuation Contributions Tax Act means the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth;\nSuper SA Select means the superannuation fund of that name established under a trust deed and for which Southern Select Super Corporation is trustee;\nSuper SA Select member means a member of Super SA Select;\nsurcharge notice means a notice issued by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax Act;\nterminal 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 24 months of the day on which the opinion is given;\ntransitional member—see regulation 9(1a);\nvisiting 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.\n\t(2)\tFor 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.\n\t(3)\tIf—\n\t(a)\ta person became a member of the scheme or made an election under a provision of the repealed Act (the earlier provision); and\n\t(b)\ta provision of these regulations corresponds to the earlier provision,\nthe 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.\nExamples—\nA 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).\nA 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).\n\t(4)\tFor the purposes of these regulations, a person is the legal personal representative of a person who has died if—\n\t(a)\tthe person has been nominated by the deceased, by notice in writing to the Board, as his or her legal personal representative in accordance with the requirements of the Board; and\n\t(b)\tthe notice has effect for the purposes of the SIS Act.\n4—Police members\nPursuant to section 19(3)(b) of the Act, a police member of the scheme is a police officer or police cadet who is a member of the scheme other than by virtue of regulation 9(5), (5b) or (7).\n5—Spouse members\nPursuant to section 19(3)(c) of the Act, a spouse member of the scheme is a person who becomes a spouse member of the scheme by virtue of regulation 24(1).\n6—Employment matters\n\t(1)\tIf a person resigns from a particular position, or a person's employment in a particular position is terminated, so that they can take up some other position in employment to which the Act applies, or so that they can take up employment in the same position but on a different basis, the resignation or termination will, for the purposes of the Act and these regulations, be ignored unless there is an interval of more than 1 month between the time the resignation or termination takes effect and the commencement of the new employment.\n\t(2)\tIf a person is employed—\n\t(a)\tpursuant to a contract for a fixed term; or\n\t(b)\tpursuant to an arrangement of the kind referred to in subregulation (5); or\n\t(c)\ton a temporary basis for a particular period or until the occurrence of a particular event,\nand the employment is not renewed at the end of the term or period, the person's employment will be taken to have been terminated by retirement or resignation (depending on the person's age).\n\t(3)\tDespite subregulation (2), if—\n\t(a)\ta person is employed pursuant to a contract for a fixed term; and\n\t(b)\tthe person 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,\nthe person will, for the purposes of the Act and these regulations, be taken to have remained in the relevant employment during the period between the end of the term of the first contract and the beginning of the term of the second contract.\n\t(4)\tSubject to subregulations (5) and (7), the following provisions apply for the purposes of the Act and these regulations to and in relation to a member (other than a transitional 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:\n\t(a)\tsubject to this subregulation, 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—\n\t(i)\tif the member is incapacitated during that 12 month period, the member may be entitled to benefits under regulation 58 on account of invalidity, subject to the following:\n\t(A)\tfor the purposes of regulation 58, the member's employment will be taken to have been terminated on account of invalidity by the employer on the day on which the member became incapacitated;\n\t(B)\tregulation 58(11) and (12) will not apply for the purposes of determining the member's entitlement to benefits;\n\t(C)\tthe member must, within 2 years after the day on which the member becomes incapacitated to the extent envisaged by this subparagraph, give written notice to the Board claiming that the member is entitled to benefits under regulation 58; and\n\t(ia)\tif, during that 12 month period, the member suffers from a terminal illness, the member may be entitled to benefits under regulation 58(1)(b); and\n\t(ib)\tif, during that 12 month period, the member is incapacitated for work on account of a disability, the member may, subject to Part 2A Division 2, be entitled to a disability pension under Part 3 Division 2 Subdivision 4; and\n\t(ii)\tif the member dies during that period his or her spouse or estate will be entitled to benefits under these regulations;\n\t(b)\tat 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).\n\t(5)\tSubregulation (4) does not apply where the member is employed pursuant to an arrangement under which the member is to work for 3 or more separate periods during a designated period or a period determined by the occurrence of a particular event.\n\t(7)\tIf, during the period of 12 months referred to in subregulation (4)(a)—\n\t(a)\tall benefits payable under the Act or these regulations to, on behalf of or in respect of the member are paid; or\n\t(b)\tall amounts standing to the credit of the member's accounts are rolled over to another superannuation fund (other than Super SA Select); or\n\t(c)\twhere the member is a member of the Triple S scheme by virtue of regulation 13B—all amounts standing to the credit of accounts established in Super SA Select on behalf of the member are rolled over to another superannuation fund (other than the Triple S scheme) or all benefits payable from Super SA Select to, on behalf of or in respect of the member are paid,\nsubregulation (4) will cease to operate in relation to the member.\n\t(8)\tFor the purposes of the Act and these regulations, a transitional member who is employed as a casual employee, and a person employed as a casual employee who makes a fund selection, will, despite any cessation of their membership of the Triple S scheme (if applicable), be taken to remain in employment for a period of 12 months after the last time that they performed work for their employer, and the fund selection made by the person in connection with that employment will therefore continue to apply (subject to any action occurring under Part 3A Division 3 of the Act in relation to the fund selection) in respect of that employment for the duration of that 12 month period.\n\t(9)\tSubregulation (8) does not affect the application of subregulation (4) to a member.\n7—Employer contribution percentage\n\t(1)\tFor the purposes of section 5(1) of the Act, the employer contribution percentage applicable in respect of a person (other than a person referred to in section 5(3) of the Act) is as follows:\n\t(a)\tin the case of a person whose conditions of employment are specified in a contract negotiated between the person and his or her employer and which includes an agreement between the person and the employer as to the value of the employer contribution percentage—the number representing that value;\n\t(b)\tin the case of a person referred to in regulation 9(2) or (3)—the amount required to reduce the charge percentage under the Commonwealth Act in respect of the member to zero;\n\t(c)\tin the case of a visiting medical officer—a percentage determined by reference to and in accordance with the Department of Health Visiting Medical Specialists Agreement 2006 (or its successor);\n\t(d)\tin the case of a member referred to in regulation 9(8)—3%;\n\t(e)\tin the case of a person who has elected to become a member under regulation 12(1) or 13(1), or is taken to have elected to become a member under regulation 13(1)—zero.\n\t(2)\tIf a member and an employer that is required to make contributions to the Treasurer on behalf of the member under section 21 of the Act enter into an agreement as to the value of the employer contribution percentage, the employing authority must give the Board written notice of the agreement.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Membership, accounts and contributions","content":"Part 2—Membership, accounts and contributions\n","sortOrder":1},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Membership","content":"Subdivision 1—Membership\n8—Purpose of Subdivision\nPursuant to section 19(3) of the Act, the purpose of this Subdivision is to make provision in relation to membership of the scheme.\n9—Membership\n\t(1)\tSubject to subregulations (2), (3) and (8), the following persons are not members of the scheme:\n\t(a)\ta person employed pursuant to a fixed term contract that—\n\t(i)\trequires the employer to provide for or contribute towards benefits for the employee in a scheme of superannuation other than the Triple S scheme; and\n\t(ii)\tdoes 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;\n\t(e)\ta 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.\n\t(1a)\tIf—\n\t(a)\ta member of the Triple S scheme makes a fund selection to a fund other than Super SA Select before their employer makes a contribution on behalf of the member under section 21 of the Act; and\n\t(b)\tthe first contribution made by the employer on behalf of the member is to the member's selected fund; and\n\t(c)\tthere are no amounts standing to the credit of any accounts maintained by the Board on behalf of the member under section 12 of the Act,\nthe member ceases to be a member of the scheme on the day on which the contribution referred to in paragraph (b) is made and is, until that time, a transitional member of the scheme for the purposes of these regulations.\n\t(2)\tA member of—\n\t(a)\tthe State Scheme or of any other scheme established by or under an Act; or\n\t(b)\ta scheme of superannuation established for the benefit of employees of an agency or instrumentality of the Crown,\nbecomes a member of the Triple S scheme whenever an entitlement to benefits needs to accrue to the member under the Triple S scheme to ensure that the Crown or an agency or instrumentality of the Crown satisfies the requirements of the Commonwealth Act.\n\t(3)\tIf 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.\n\t(4)\tA person who has made an election under regulation 10 is a member of the Triple S scheme.\n\t(5)\tA 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.\n\t(5a)\tA 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.\n\t(5b)\tIf a contributor to the Police Superannuation Scheme who is not a member of the Triple S scheme applies for a police disability pension, the contributor becomes a member of the Triple S scheme if and when the application is accepted.\n\t(a)\ta 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\n\t(b)\tthat entitlement is to be retained in the Fund, or rolled over for payment into the Fund (as the case may be),\nthen that person becomes a member of the Triple S scheme by force of this subregulation.\n\t(7)\tIf 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.\n\t(8)\tThe 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:\n\t(a)\tPSS 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;\n\t(b)\tmembers of a superannuation scheme established by a hospital incorporated under the Health Care Act 2008;\nException—\nThis paragraph does not apply to former members of—\n\t(a)\tthe Bordertown Memorial Hospital Incorporated Superannuation Fund; or\n\t(b)\tthe Kingston Soldiers' Memorial Hospital Incorporated Superannuation Fund; or\n\t(c)\tthe Mothers' and Babies' Health Association Superannuation Fund.\n\t(c)\tthose 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;\n\t(d)\tthose members of the State Scheme referred to in clause 15(1)(c) of Schedule 1 of the Superannuation Act 1988;\n\t(e)\tan employee of the Adelaide Festival Centre Trust who is a member of a scheme of superannuation established for the benefit of the employee;\n\t(f)\tthose 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;\n\t(g)\tthose persons whose names appear in Schedule 1 of the Superannuation (Lyell McEwin Employees) Regulations 2009;\n\t(h)\tthose persons whose names appear in Schedule 1 of the Superannuation (Julia Farr Services Employees) Regulations 2003.\n\t(9)\tIf a person who is a member of a scheme of superannuation other than the Triple S scheme becomes a member of the Triple S scheme by virtue of this regulation, the person's membership of the other scheme is not affected by his or her membership of the Triple S scheme (except to the extent (if any) prescribed pursuant to section 30(6) of the Act).\n10—Election by contributor to State Scheme\n\t(1)\tA contributor within the meaning of the Superannuation Act 1988 may elect to become a member of the Southern State Superannuation Scheme if the employment on which his or her status as such a contributor is based has not terminated.\n\t(2)\tAn election takes effect on a date fixed by the Board being a date occurring within 2 months after the election was made.\n\t(3)\tFor the purposes of the Superannuation Act 1988, a contributor who has made an election under subregulation (1) will be taken—\n\t(a)\tto have resigned from employment and to have preserved his or her accrued superannuation benefits (whether he or she has reached the age of 55 years or not); and\n\t(b)\tnot to reach the age of 55 years until he or she reaches that age and ceases to be employed in employment to which that Act applies.\n\t(4)\tAn election under this regulation—\n\t(a)\tmust be made in writing to the Board; and\n\t(b)\tmay specify the rate (if any) at which the member elects to contribute to the scheme.\n11—Contributors to State Scheme\n\t(1)\tThis regulation applies to a contributor within the meaning of the Superannuation Act 1988 who is a member of the Triple S scheme by virtue of regulation 9(2) if—\n\t(a)\the or she elects to make contributions to the Treasurer under regulation 17; or\n\t(b)\this or her employer pays an amount in respect of him or her to the Treasurer under section 21(2) of the Act.\n\t(2)\tFor the purposes of the Superannuation Act 1988, a contributor to whom this regulation applies will be taken—\n\t(a)\tto have resigned from employment and to have preserved his or her accrued superannuation benefits (whether he or she has reached the age of 55 years or not); and\n\t(b)\tnot to reach the age of 55 years until he or she reaches that age and ceases to be employed in employment to which the Act applies.\n12—Salary sacrifice by members of certain schemes\n\t(1)\tA prescribed person may elect, by notice in writing to the Board, to become a member of the Triple S scheme in order to establish an entitlement to the employer component of benefits under Part 4 by sacrificing part of his or her salary in accordance with an agreement or arrangement that entitles the person to sacrifice all or part of his or her salary.\n\t(2)\tSubject to subregulation (3), if a person has elected to become a member of the Triple S scheme under subregulation (1), the employer must, within 7 days after salary is paid to the member, pay to the Treasurer an amount (or arrange for the payment within that period to the Treasurer of an amount) equivalent to the member's non‑monetary salary that is allocated for the purpose of the employer component of benefits under Part 4 in accordance with the agreement or arrangement.\n\t(3)\tSubregulation (2) does not apply to, or in relation to, a member who is a contributor to the State Scheme during a period in which he or she is not an active contributor to that scheme except where the member is not an active contributor because of section 23(7) of the Superannuation Act 1988.\n\t(4)\tA person who has elected to become a member of the Triple S scheme under subregulation (1)—\n\t(a)\tis not entitled to make contributions under section 20(1)(a) of the Act; and\n\t(b)\tis entitled to the employer component of benefits under Part 4 but is not entitled to any other benefit under the Act or these regulations in his or her capacity as a member under this regulation other than any additional invalidity/death insurance taken out under Part 3 Division 2 Subdivision 2.\n\t(5)\tIn this regulation—\nprescribed person means—\n\t(a)\ta person who is an active contributor to the State Scheme; or\n\t(b)\ta person who—\n\t(i)\tis employed by an incorporated hospital within the meaning of the Health Care Act 2008; and\n\t(ii)\tis an active member of the Commonwealth Superannuation Scheme or the Public Sector Superannuation Scheme; or\n\t(ba)\ta person who is an active member of the SA Ambulance Service Superannuation Scheme; or\n\t(c)\ta Judge (within the meaning of the Judges' Pensions Act 1971); or\n\t(d)\tthe Governor; or\n\t(e)\tthe Lieutenant-Governor within the meaning of the Constitution (Appointments) Act 2009.\n13—Salary sacrifice by members of Police Superannuation Scheme\n\t(1)\tA police officer who is a contributor to the Police Superannuation Scheme may elect, by notice in writing to the Board, to become a member of the Triple S scheme in order to establish an entitlement to the employer component of benefits under Part 4 by sacrificing part of his or her salary in accordance with an agreement or arrangement that entitles the person to sacrifice all or part of his or her salary.\n\t(2)\tIf a person has elected, or is taken to have elected, to become a member of the Triple S scheme under this regulation, the employer must, within 7 days after salary is paid to the member, pay to the Treasurer an amount (or arrange for the payment within that period to the Treasurer of an amount) equivalent to the member's non‑monetary salary that is allocated for the purposes of the employer component of benefits under Part 4 in accordance with the agreement or arrangement.\n\t(3)\tA person who has elected, or is taken to have elected, to become a member of the Triple S scheme under subregulation (1) is entitled to—\n\t(a)\tpayment, in accordance with Part 4, of the balance of each account maintained for the person by the Board as required by section 12 of the Act; and\n\t(b)\tadditional invalidity/death insurance taken out under Part 3 Division 2 Subdivision 2 (if any); and\n\t(c)\tsubject to regulation 38A, a police disability pension in the circumstances set out in that regulation,\nbut is not entitled to make contributions under section 20(1)(a) of the Act and is not entitled to any other benefits under the Act or these regulations in his or her capacity as a member under this regulation.\n13A—Members of Parliamentary Superannuation scheme\n\t(1)\tThe Board must maintain a contribution account in the name of a PSS 3 member who has made an election under section 36 of the Parliamentary Superannuation Act 1974 to take out voluntary invalidity/death insurance and is a member of the Triple S scheme.\n\t(2)\tA PSS 3 member who has made an election under section 36 of the Parliamentary Superannuation Act 1974 to take out voluntary invalidity/death insurance and is a member of the Triple S scheme is entitled to—\n\t(a)\tpayment, in accordance with Part 4, of the balance of the member's contribution account; and\n\t(b)\tadditional invalidity/death insurance taken out in accordance with the election,\nbut is not entitled to any other benefits under the Act or these regulations in connection with the election.\n\t(3)\tAn amount transferred from the Parliamentary Superannuation scheme to the Triple S scheme in respect of a PSS 3 member will be taken for the purposes of these regulations to be a contribution made in relation to the member by the member's employer.\n13B—Members of Super SA Select\n\t(1)\tPursuant to section 19(3)(a) of the Act, if a person in respect of whom an employer is required to pay an amount under section 21 of the Act makes a fund selection to Super SA Select, the person is (despite section 19(2)(a) and (b) of the Act) a member of the Triple S scheme.\n\t(2)\tA person's membership of the Triple S scheme under subregulation (1) is not affected by the person making a subsequent fund selection to another fund.\n\t(2a)\tHowever—\n\t(a)\tif the person's employment with the employer in connection with which the fund selection to Super SA Select was made terminates, membership of the Triple S scheme under subregulation (1) in respect of that employment will cease and the fund selection to Super SA Select will no longer apply; and\n\t(b)\tif the person's employment with the employer in connection with which the fund selection to Super SA Select was made has not terminated but their membership of Super SA Select ceases, the person's membership of the Triple S scheme under subregulation (1) in connection with the same employment ceases unless and until they again become a member of Super SA Select by virtue of a fund selection made in connection with that employment.\n\t(3)\tIf a Super SA Select member is a member of the Triple S scheme by virtue of subregulation (1)—\n\t(a)\tthe Board must continue to maintain an employer contribution account in the member's name from which insurance premiums payable by the member, and the disability pension premium, will be debited in accordance with regulation 39; and\n\t(b)\tthe member is entitled to—\n\t(i)\tpayment, in accordance with Part 4, of the balance of each account maintained for the member by the Board as required under section 12 of the Act; and\n\t(ii)\tdefault invalidity/death insurance and additional invalidity/death insurance taken out under Part 3 Division 2 Subdivision 2 or 3 (if any); and\n\t(iii)\tsubject to Part 3 Division 2 Subdivisions 4 and 4A, a disability pension or police disability pension,\nbut is not entitled to any other benefits under the Act.\n\t(4)\tDespite section 19(2)(a) of the Act, if a member of Super SA Select engages in employment to which the Act applies, the Act applies to the person in respect of that employment as if they were not a member of Super SA Select unless and until they fall within the ambit of subregulation (1) by virtue of having made a fund selection to Super SA Select in respect of that employment.\n14—Duration of membership\n\t(1)\tDespite any other provision of these regulations, a person who fulfils the requirements for membership of the scheme under section 19 of the Act, or under this Division, remains a member of the scheme until benefits payable under the Act or these regulations to, on behalf of, or in respect of, the member have been paid even though the member may have subsequently ceased to fulfil the requirements for membership.\n\t(2)\tHowever, a member to whom benefits payable under the Act or these regulations have been paid under regulation 58(1)(b) because the member is suffering from a terminal illness remains a member of the scheme until the employment of the member terminates.\n\t(3)\tSubject to subregulation (3a), if a member becomes a member of a scheme of superannuation established for the benefit of the employees of an agency or instrumentality of the Crown, his or her membership of the Triple S scheme that is attributable to his or her employment by the agency or instrumentality is terminated and an amount equivalent to the balance standing to the credit of each account maintained by the Board in the name of the member is to be carried over to the other superannuation scheme.\n\t(3a)\tSubregulation (3) does not apply in relation to membership of Super SA Select.\n\t(4)\tIf an employer contribution has not accrued to a member under the Act or the repealed Act for a period of 3 years or more because the member has been an active contributor during that period under the Superannuation Act 1988, an amount equivalent to the balance standing to the credit of the member's contribution account and the member's rollover account (if any) may be paid by the Treasurer to the credit of the member's rollover account under the Superannuation Act 1988 and in that event the member ceases to be a member of the Triple S scheme.\n\t(5)\tHowever, if the Board is maintaining a co‑contribution account on behalf of a member of the State Scheme because of co‑contribution payments received in respect of that membership, the member does not cease to be a member of the Triple S scheme by virtue of the operation of subregulation (4).\n\t(a)\ta person is a member of the scheme solely by virtue of being a member of the State Scheme in respect of whom a co‑contribution has been paid to the Board; and\n\t(b)\tthe person becomes entitled to the payment of benefits under the Superannuation Act 1988 and to the payment of the amount standing to the credit of the person's co‑contribution account,\nthen the person ceases to be a member of the Triple S scheme on the payment of the balance of the co‑contribution account.\n\t(a)\ta person is a member of the scheme solely by virtue of being a member of the Police Superannuation Scheme—\n\t(i)\tin respect of whom a co‑contribution or a benefit rolled over from another fund or scheme has been paid to the Board; or\n\t(ii)\twho has made an election, or is taken to have made an election, under regulation 13; and\n\t(b)\tthe person becomes entitled to the payment of benefits under the Police Superannuation Act 1990 and Part 4 of these regulations,\nthen the person ceases to be a member of the Triple S scheme on the payment of the balance of each account maintained by the Board in his or her name.\n\t(8)\tIf a person who has made a fund selection ceases to be a member of the scheme under section 19(2)(b) of the Act because they have opted to have all amounts standing to the credit of their accounts rolled over to a complying superannuation fund, their membership ceases on the day on which the amounts are paid by the Board to the complying superannuation fund.\n15—Members to whom section 21 does not apply\n\t(1)\tPursuant to section 21(4)(b) of the Act, that section does not apply in relation to a person who is a member of the scheme by virtue of regulation 9(5a), (5b) or (6).\n","sortOrder":2},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Accounts","content":"Subdivision 2—Accounts\n16—Contribution, co‑contribution and rollover accounts\n\t(1)\tA contribution account maintained by the Board in the name of a member is to consist of—\n\t(a)\tif contributions are being or have been made in relation to the member by the member's employer—an employer contribution account; and\n\t(b)\tif the member is making or has made monetary contributions to the scheme—an employee contribution account.\n\t(1a)\tFor the purposes of this regulation, a payment received by the Board from the board of the Southern Select Super Corporation on behalf of a member who is also a Super SA Select member is to be taken to be a contribution made in relation to the member by his or her employer.\nPayments will be made by the board of the Southern Select Super Corporation to the Board on behalf of Super SA Select members for the purpose of ensuring that insurance premiums and the disability pension premium can be deducted from the member's employer contribution account in accordance with subregulation (3)(a).\n\t(2)\tA member's employer contribution account must be credited with—\n\t(a)\tamounts that are equivalent to the amounts paid or payable by the member's employer to the Treasurer under section 21 of the Act in respect of salary paid to the member; and\n\t(ab)\tin the case of a member who is in receipt of a disability pension under regulation 36—a contribution replacement benefit as required under regulation 36AAB(2); and\n\t(b)\tin the case of the employer contribution account of a member referred to in section 21(2) of the Act—amounts that are equivalent to the amounts paid or payable by, or on behalf of, the member's employer to the Treasurer under that subsection in respect of the member; and\n\t(c)\tin the case of the employer contribution account of a person who has elected to become a member of the Triple S scheme under regulation 12 or 13, or is taken to have elected to become a member under regulation 13—amounts that are equivalent to the amounts paid or payable by, or on behalf of, the member's employer to the Treasurer under regulation 12(2) or 13(2) in respect of the member; and\n\t(d)\tin the case of the employer contribution account of a PSS 3 member who has made an election under section 36 of the Parliamentary Superannuation Act 1974 to take out voluntary invalidity/death insurance and is a member of the Triple S scheme—amounts that are equivalent to amounts transferred from the Parliamentary Superannuation scheme to the Triple S scheme in respect of the PSS 3 member; and\n\t(e)\tin the case of the employer contribution account of a member who is a Super SA Select member—amounts that are equivalent to amounts transferred from Super SA Select to the Triple S scheme in respect of the member.\n\t(3)\tSubject to subregulation (3a), a member's employer contribution account must be debited with—\n\t(a)\tin the case of a member other than a member referred to in paragraph (b)—\n\t(i)\tan administrative charge to be fixed by the Board; and\n\t(ii)\tthe amount of the premium fixed by or under these regulations in respect of the default invalidity/death insurance and the additional invalidity/death insurance (if any) for the member; and\n\t(iii)\ta disability pension premium which, subject to subregulation (12), will be an amount fixed by the Board; and\n\t(b)\tin the case of a person who has elected to become a member of the Triple S scheme under regulation 12 or 13, or is taken to have elected to become a member under regulation 13, or is a PSS 3 member who has made an election under section 36 of the Parliamentary Superannuation Act 1974 to take out voluntary invalidity/death insurance and is a member of the Triple S scheme—\n\t(i)\tan administrative charge to be fixed by the Board; and \n\t(ii)\tthe amount of the premium fixed by or under these regulations in respect of the additional invalidity/death insurance (if any) for the member; and\n\t(c)\tany other payment that is to be charged against the account under the Act or these regulations,\nto the extent that the charge, premium or other payment can be charged or debited to the account.\n\t(3a)\tIf there are insufficient funds in a member's employer contribution account to enable debiting of a charge, premium or other payment under subregulation (3), the member's employee contribution account, rollover account or co-contribution account may be debited with the charge, premium or payment.\n\t(3b)\tHowever, an administrative charge may not be debited against a member's co-contribution account under subregulation (3a) if the credit balance of the member's employer contribution account, employee contribution account or rollover account (if any) is sufficient to pay the administrative charge. \n\t(4)\tA member's employee contribution account must be credited with the amount of contributions made by the member.\n\t(5)\tA member's rollover account must be credited with the amount of any money rolled over from another superannuation fund or scheme for the benefit of the member and must be debited with any payment that is to be charged against the account under the Act or these regulations.\n\t(6)\tA member's co‑contribution account must be credited with the amount of any co‑contribution paid to the Board in respect of the member and must be debited with any payment that is to be charged against the account under the Act or these regulations.\n\t(6a)\tIf payments are made into the Fund in respect of a member pursuant to a law of the Commonwealth, the Board may determine that such payments are to be credited to a contribution account of the member on terms and conditions determined by the Board.\n\t(7)\tThe Board may fix an administrative charge and apply it to any account or accounts maintained by the Board on behalf of a member by deduction of a fixed fee from, or adjustment to the investment returns allocated to, the account or accounts.\n\t(9)\tThe Board may, in fixing administrative charges to be debited against members' accounts under this regulation, fix different charges depending on the balance of members' accounts or any other relevant factor.\n\t(9a)\tAn administrative charge fixed and applied under this regulation may comprise a fee for the provision to a member of financial advice by financial planners authorised by the Board.\n\t(10)\tDespite a preceding subregulation, if a member whose only account in the scheme is a co‑contribution account satisfies the Board that he or she is unlikely to receive any further co‑contributions that will be payable to the Board in respect of the member, the Board may allow the member to carry over the balance of the account to some other superannuation fund or scheme approved by the Board (and when the balance has been carried over by the Board the person will cease to be a member of the Triple S scheme).\n\t(11)\tThe Board must keep a record of the aggregate of the amounts of premiums debited against accounts under this regulation.\n\t(12)\tA disability pension premium is not payable under subregulation (3)(a)(iii) in relation to—\n\t(a)\ta member who is not entitled to a disability pension under regulation 36 under any circumstances; or\n\t(b)\ta member who is exempted under regulation 37 from the ambit of regulation 36.\n","sortOrder":3},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Contributions","content":"Subdivision 3—Contributions\n17—Contributions (section 20 of Act)\n\t(1)\tFor the purposes of section 20(1)(a) of the Act, but subject to this regulation, a member may elect to make contributions to the Treasurer as a deduction from salary at a whole number percentage, or at 4.5%, of the combined value of the monetary and non‑monetary salary (if any) to which the member is entitled in each period in respect of which salary is paid to the member.\n\t(2)\tA person who is a member of the scheme by virtue only of regulation 9(3), (5), (5a), (5b), (6), (7) or (8) (including any combination of these provisions) is not entitled to make contributions under section 20(1)(a) of the Act.\n\t(3)\tFor the purposes of section 20(1)(b) of the Act, the prescribed percentage is 4.5%.\n\t(4)\tA police cadet is not obliged to contribute but may elect to do so.\n\t(5)\tSubject to this regulation, a member who has elected to contribute may subsequently elect to contribute at a different rate or to cease contributing.\n\t(6)\tAn election under this regulation must be made to the Board in writing and will operate from a date to be fixed by the Board.\n\t(7)\tIf, following a change in a member's salary, it will be difficult for an employer to determine the amount of the member's contribution for the first payment period to which the new contribution applies, the Board may, by notice in writing to the employer, specify a date from which the new contribution amount will apply.\n\t(8)\tA notice under subregulation (7) may be varied or revoked by the Board by subsequent notice served on the employer.\n\t(9)\tIf over a particular period a member receives (while remaining in employment) weekly workers compensation payments for total or partial incapacity for work, contributions will be payable as if the weekly payments were salary or a component of salary (as the case requires).\n\t(10)\tContributions are payable from the member's monetary salary on the days on which monetary salary is paid to the member.\n\t(11)\tA member whose membership of the scheme commences on the commencement of the member's employment will commence making contributions on a date fixed by the Board.\n18—Prescribed rate of contributions (section 20 of Act)\n\t(1)\tPursuant to section 20(2)(b) of the Act, a member employed by SA Ambulance Service Inc—\n\t(a)\twho was a contributory member of the SA Ambulance Service Superannuation Scheme (the ambulance scheme) before electing to become a member of the Triple S scheme and has not reached his or her normal retirement date for the purposes of the ambulance scheme; or\n\t(b)\twho—\n\t(i)\tcommenced his or her employment with SA Ambulance Service Inc on or after 1 July 2008; and\n\t(ii)\tis classified as an operations employee under the SA Ambulance Service Award; and\n\t(iii)\tis employed other than on a casual basis in the provision of ambulance services (within the meaning of the Health Care Act 2008),\nis required, subject to subregulations (2) and (3), to make contributions to the Treasurer at a rate of at least 4.5% of salary.\n\t(2)\tIf a member to whom subregulation (1) applies has made a fund selection, and the member's selected fund is Super SA Select, the member must make the contributions required under subregulation (1) to Super SA Select rather than the Treasurer.\n\t(3)\tSubregulation (1) does not apply to a member who is making salary sacrifice contributions at a rate of at least 5.3% of salary.\n\t(4)\tIf subregulation (1) ceases to apply to a member, the member will be taken to have made an election under section 20(1)(a) of the Act to make contributions to the Treasurer at the rate at which the member was contributing immediately before that cessation (and, accordingly, regulation 17 will apply as if such an election had been made).\n19—Other contributions (section 20 of Act)\nA monetary contribution under section 20(1)(c) or (d) of the Act must be equal to or exceed $50.\n20—Purpose of Division\nPursuant to sections 19(3)(c) and 20(2)(d) of the Act, the purpose of this Division is to make provision for—\n\t(a)\tspouses of members to become spouse members of the scheme; and\n\t(b)\tcontributions to be made by or on behalf of spouse members.\n21—Interpretation\ndeath insurance means death insurance granted by the Board under regulation 40;\ndeath insurance benefits means benefits payable in respect of death insurance;\neligible member means a member in respect of whom payments are being made to the Treasurer under section 20 of the Act, regulation 12 or regulation 13;\nprescribed payment means payment of an amount that is a contributions‑splitting superannuation benefit within the meaning of Division 6.7 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth.\n22—Spouse contributions splitting (section 20 of Act)\n\t(1)\tPursuant to section 20(2)(d) of the Act, but subject to this regulation, an eligible member may apply to the Board, in the approved form, to make a prescribed payment from the member's contribution account into a rollover account established in the name, and for the benefit, of the member's spouse.\n\t(2)\tAn application under subregulation (1), and the making of a prescribed payment following the acceptance of an application, are subject to, and must comply with—\n\t(a)\tDivision 6.7 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth (as if the provisions of that Division apply to, and in relation to, the scheme); and\n\t(b)\tsuch terms and conditions as may be specified by the Board.\n\t(3)\tThe Board may fix administrative charges payable in respect of applications under this regulation.\n\t(4)\tAny charge payable under subregulation (3) may be deducted by the Board from—\n\t(a)\tthe applicant's contribution account; or\n\t(b)\tif there are insufficient funds in that account—a spouse account established in the name of the applicant's spouse.\n23—Other contributions for spouse members (section 20 of Act)\n\t(1)\tPursuant to section 20(2)(d) of the Act, an eligible member may make monetary contributions to the Treasurer under this regulation for crediting to a contribution account in the name of the member's spouse.\n\t(2)\tA spouse member may, while the spouse member is the spouse of a member, make monetary contributions to the Treasurer under this regulation.\n\t(3)\tThe amount of each contribution under this regulation must be equal to or exceed $50.\n24—Spouse members and spouse accounts (section 19 of Act)\n\t(1)\tIf a prescribed payment, or a monetary contribution under regulation 23(1), is made by a member for the benefit of a spouse in respect of whom neither a prescribed payment nor a contribution under regulation 23(1) has previously been made, the spouse becomes a spouse member of the Triple S scheme by virtue of this subregulation.\n\t(2)\tA spouse member's contribution account must—\n\t(a)\tbe credited with the amount of contributions made by or on behalf of the spouse member; and\n\t(3)\tIn addition to maintaining a rollover account in the name of a spouse member as required under section 12(1)(b)(i) of the Act, the Board must maintain a rollover account in the name of a spouse member for the benefit of whom a prescribed payment has been made.\n\t(4)\tA spouse member's rollover account must—\n\t(a)\tbe credited with the amount of any prescribed payment made, or money rolled over, for the spouse member; and\n\t(5)\tA spouse member's co‑contribution account must—\n\t(a)\tbe credited with the amount of any co‑contribution paid to the Board in respect of the spouse member; and\n\t(6)\tThe Board may fix an administrative charge and apply it to any account or accounts maintained by the Board on behalf of a spouse member by deduction of a fixed fee from, or adjustment to the investment returns allocated to, the account or accounts.\n\t(7)\tHowever, an administrative charge may not be applied to a spouse member's co‑contribution account by deduction of a fixed fee from the account if the Board is maintaining a contribution account or rollover account in the name of the spouse member and the credit balance (if any) of either or both of those accounts is sufficient to pay the administrative charge.\n\t(7a)\tAn administrative charge fixed and applied under this regulation may comprise a fee for the provision to a spouse member of financial advice by financial planners authorised by the Board.\n\t(8)\tThe Board may, for the purposes of subregulation (6), fix different charges depending on the balance of spouse members' accounts or any other relevant factor.\n25—Amalgamation of accounts\n\t(1)\tIf a person who is a spouse member is, or becomes, a member of the scheme, the Board may transfer the amounts standing to the credit of the person's spouse accounts to a contribution account, rollover account or co‑contribution account, as appropriate, maintained by the Board in the name of the person (and the Board may, if necessary for the purposes of this subregulation, establish such an account in the name of the person).\n\t(2)\tIf all amounts standing to the credit of the person's spouse accounts are transferred from those accounts under this regulation—\n\t(a)\tthe person ceases to be a spouse member of the scheme; and\n\t(b)\tthe person's death insurance under Part 3 Division 3 (if any) is taken to be additional invalidity/death insurance under Part 3 Division 2 Subdivision 2.\n","sortOrder":4},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Portability and fund selection","content":"Part 2A—Portability and fund selection\n","sortOrder":5},{"sectionNumber":"Div 1","sectionType":"division","heading":"General","content":"Division 1—General\n25A—Definitions (section 21A of Act)\n\t(1)\tFor the purposes of the definition of designated member in section 21A of the Act, the following members are prescribed:\n\t(a)\ta police member;\n\t(b)\ta member employed by SA Ambulance Service to whom regulation 18 applies.\n\t(2)\tFor the purposes of paragraph (c) of the definition of eligible fund in section 21A of the Act, Super SA Select is prescribed.\n25B—Transfer of funds (section 21B of Act)\n\t(1)\tSubject to subregulation (2), only 1 application to transfer funds may be made by a member under section 21B(1) of the Act in a financial year.\n\t(2)\tThe Board may permit a member to make more than 1 application to transfer funds under section 21B(1) of the Act in a financial year if the Board considers that the member's circumstances are exceptional.\n\t(3)\tAn application to transfer funds under section 21B(1) of the Act may not be made in relation to an amount that is less than the minimum transfer amount fixed by the Board for the purposes of this regulation.\n\t(4)\tIf a member applies to the Board under section 21B of the Act to transfer an amount standing to the credit of an account maintained by the Board on behalf of the member to Super SA Select, the Board may not accept the application unless the member is a member of Super SA Select at the time the application is made.\n\t(5)\tFor the purposes of section 21B(3)(a) of the Act, $25 000 is prescribed as the minimum amount.\n\t(6)\tThe Board may determine the eligible contribution account or accounts from which amounts are to be deducted on behalf of a member for the purposes of section 21B of the Act.\n25C—Exclusion from operation of section 21C of Act\nPursuant to section 21C(1)(c) of the Act, persons who are members of the Triple S scheme solely by virtue of regulation 9(2), (5) or (8) are excluded from the operation of that section.\n25D—Employer obligations (section 21E of Act)\nA notification required to be given by a person's employer to the Board under section 21E(3) of the Act must be given within 14 days of the day on which the employer first makes a contribution to the person's selected fund.\n25E—Matters affecting eligibility of funds (section 21F of Act)\n\t(1)\tFor the purposes of section 21F(c) of the Act, the prescribed period is 14 days from the day on which the person receives a fund selection notice from their employer (as required under section 21E(1)(c) of the Act).\n\t(2)\tIf, under section 21F of the Act, section 21 of the Act applies to a person as if a fund selection had not been made by the person, the person will, if they are not already a member of the Triple S scheme, become a member of the scheme on the day on which a contribution is first made on behalf of the member to the Treasurer by the member's employer pursuant to section 21 of the Act.\n25F—Commencement of membership if direction given under section 21G of Act\nIf a person who gives a direction under section 21G(1) of the Act becomes a member of the Triple S scheme by virtue of subsection (3)(a) of that section, the person's membership of the scheme commences on the day on which the member's employer first makes a contribution on behalf of the member in accordance with subsection (3)(b) of that section.\n25G—Fund selection takes effect when first contribution made\nFor the purposes of these regulations, if a person makes or varies a fund selection, the selection or variation takes effect on the day on which a contribution is first made by the employer of the person who made the selection or variation to the person's selected fund in accordance with the requirements of the Act.\n","sortOrder":6},{"sectionNumber":"Div 2","sectionType":"division","heading":"Insurance and income protection","content":"Division 2—Insurance and income protection\n25H—Operation of insurance and income protection provisions\n\t(1)\tThis regulation applies to—\n\t(a)\ta person who has made or varied a fund selection or given a direction under section 21G of the Act; and\n\t(b)\ta person to whom section 21 of the Act applies, as if the person had not made a fund selection, by virtue of the operation of section 21F of the Act.\n\t(2)\tPart 3 and any other regulation relevant to insurance and income protection cover operate in relation to a person to whom this regulation applies, subject to regulation 25I.\n\t(3)\tA premium for insurance or income protection cover paid or payable by a person to whom this regulation applies may be refunded or waived (as the case requires) in circumstances determined by the Board.\n25I—Effect of fund selection on entitlement to insurance and income protection\n\t(a)\ta person makes a fund selection under section 21C(5) of the Act to an eligible fund other than Super SA Select; or\n\t(b)\tunder section 21C(7) of the Act, a person varies a fund selection to Super SA Select by selecting another eligible fund (other than the Triple S scheme),\n\t(c)\tthe person's entitlement to a disability pension under Part 3 Division 2 Subdivision 4 in connection with the employer to which the fund selection or variation relates will cease when the fund selection or variation takes effect;\n\t(d)\tthe fund selection or variation does not affect the person's entitlement to a disability pension insofar as that entitlement arises in connection with other employment to which the Act applies (but the person's salary from the employer to which the fund selection or variation relates is not to be taken into account when calculating the member's notional salary for the purposes of determining the amount of any such disability pension).\n\t(2)\tIf a person's membership of the Triple S scheme in connection with a particular employer under subregulation (1) ceases by virtue of regulation 13B(2a), but the person remains a member of the scheme, the person does not, despite any other provision of these regulations, have an entitlement to invalidity/death insurance unless the person has an entitlement to invalidity/death insurance that arises in connection with other employment to which the Act applies.\n\t(3)\tIf—\n\t(a)\ta person—\n\t(i)\tmakes a fund selection under section 21C(5) of the Act from the Triple S scheme to Super SA Select; or\n\t(ii)\tvaries a fund selection to the Triple S scheme by selecting Super SA Select; or\n\t(b)\ta person who has made a fund selection to Super SA Select—\n\t(i)\tgives their employer a direction under section 21G of the Act for payments to be made on behalf of the person to the Triple S scheme; or\n\t(ii)\thas their employer contributions redirected to the Triple S scheme by virtue of the operation of section 21F of the Act,\n\t(c)\tif the person—\n\t(i)\tholds no invalidity/death insurance cover as a member of the Triple S scheme immediately before the effective day; but\n\t(ii)\tis eligible for default invalidity/death insurance under regulation 28,\nthen, on and from the effective day, the person is entitled to default invalidity/death insurance under regulation 28;\n\t(d)\thowever, insurance benefits will not be payable to, or in connection with, a person who becomes entitled to default invalidity/death insurance under paragraph (c) in respect of a medical condition existing before the effective day unless the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months;\n\t(e)\tif, immediately before the effective day, the person holds no income protection cover, the person will, subject to regulation 36(4), be entitled to income protection cover under Part 3 Division 2 Subdivision 4 on and from that day;\n\t(f)\thowever, a disability pension will not be payable to a person who becomes entitled to income protection cover under paragraph (e) in respect of incapacity for work arising from a medical condition existing before the effective day unless—\n\t(i)\tthe person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; and\n\t(4)\tIf—\n\t(a)\ta person's employer contributions are redirected to the Triple S scheme by virtue of the operation of section 21F of the Act; or\n\t(b)\ta person, having made a fund selection to a fund other than Super SA Select, gives a direction to their employer under section 21G of the Act for payments to be made on behalf of the person to the Triple S scheme; or\n\t(c)\ta person varies a fund selection under section 21C(7) of the Act by selecting Super SA Select,\n\t(d)\tif the person—\n\t(i)\tholds no insurance cover as a member of the Triple S scheme immediately before the effective day; but\n\t(ii)\tis eligible for default invalidity/death insurance under regulation 28,\nthen, on and from the effective day, the person is entitled to default invalidity/death insurance under regulation 28;\n\t(e)\thowever, insurance benefits will not be payable to, or in connection with, a member who becomes entitled to default invalidity/death insurance under paragraph (d) in respect of a medical condition existing before the effective day unless the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months;\n\t(f)\tif the person holds income protection cover immediately before the effective day, the person's salary from the employer to which the relevant action under paragraph (a), (b) or (c) relates is to be taken into account on and from that day when calculating the person's notional salary for the purposes of determining the amount of any disability pension to which the person is entitled;\n\t(g)\thowever, the person's salary from the employer to which the relevant action under paragraph (a), (b) or (c) relates is not to be taken into account for the purposes of determining the amount of any disability pension payable in respect of a medical condition existing before the effective day unless—\n\t(i)\tthe person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; and\n\t(ii)\tthe incapacity for work occurs after the end of that 12 month period;\n\t(h)\tif, immediately before the effective day, the person holds no income protection cover, the person will, subject to regulation 36(4), be entitled to income protection cover under Part 3 Division 2 Subdivision 4 on and from that day;\n\t(i)\thowever, a disability pension will not be payable to a member who becomes entitled to income protection under paragraph (h) in respect of incapacity for work arising from a medical condition existing before the effective day unless—\n\t(i)\tthe person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; and\n\t(5)\tDespite any other provision of this regulation—\n\t(a)\ta person who is a transitional member of the Triple S scheme is not required to pay premiums in respect of default invalidity/death insurance or income protection cover held by the person; and\n\t(b)\tany entitlement of a person who is a transitional member of the Triple S scheme to default invalidity/death insurance or income protection cover comes to an end when the person's membership of the scheme ceases under regulation 9(1a); and\n\t(c)\tif—\n\t(i)\ta member of the scheme makes a fund selection to Super SA Select before their employer makes a contribution on behalf of the member under section 21 of the Act; and\n\t(ii)\tthe first contribution made by the employer on behalf of the member is to Super SA Select; and\n\t(iii)\tthere are no amounts standing to the credit of any accounts maintained by the Board on behalf of the member under section 12 of the Act,\nthe member is not required to pay premiums in respect of default invalidity/death insurance held by the person before the fund selection takes effect.\n\t(6)\tA reference in this regulation to the effective day in connection with a fund selection, or action occurring under Part 3A Division 3 of the Act in relation to a fund selection, means—\n\t(a)\tin the case of—\n\t(i)\tredirection of a person's employer contributions to the Triple S scheme by virtue of the operation of section 21F of the Act; or\n\t(ii)\ta direction given by a person to their employer under section 21G of the Act for payments to be made on behalf of the person to the Triple S scheme,\nthe day on which the first contribution is made to the Triple S scheme; and\n\t(b)\tin the case of a fund selection under section 21C(5) of the Act or variation of a fund selection under section 21C(7) of the Act—the day on which the fund selection or variation takes effect.\n","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Insurance and investment","content":"Part 3—Insurance and investment\nDivision 1—Preliminary\n26—Purpose of Part\nPursuant to section 22 of the Act, this Part continues (with variations) the scheme of invalidity and death insurance established under the repealed Act.\n27—Interpretation\nIn this Part—\nprescribed member means—\n\t(a)\ta police member; or\n\t(b)\ta member employed by SA Ambulance Service Inc—\n\t(i)\twho was a contributory member of the SA Ambulance Service Superannuation Scheme (the ambulance scheme) before electing to become a member of the Triple S scheme and has not reached his or her normal retirement date for the purposes of the ambulance scheme; or\n\t(ii)\twho—\n\t(A)\tcommenced his or her employment with SA Ambulance Service Inc on or after 1 July 2008; and\n\t(B)\tis classified as an operations employee under the SA Ambulance Service Award; and\n\t(C)\tis employed other than on a casual basis in the provision of ambulance services (within the meaning of the Health Care Act 2008).\nDivision 2—Members\nSubdivision 1—Default invalidity/death insurance\n28—Default invalidity/death insurance\n\t(1)\tSubject to this regulation and regulation 35A, a member under the age of 70 years is entitled to default invalidity/death insurance regardless of the state of the member's health.\n\t(2)\tA member is not entitled to default invalidity/death insurance if the member—\n\t(a)\tis a member of the scheme by virtue only of regulation 9(3), (5), (5a), (5b), (6), (7) or (8) or 14(1) (including any combination of these provisions); or\n\t(b)\tis—\n\t(i)\temployed or engaged for a specified period of time; and\n\t(ii)\tremunerated solely by a fee, allowance or commission; or\n\t(c)\thas received insurance benefits (or benefits of a similar kind) on account of a terminal illness paid—\n\t(i)\tunder regulation 58(1)(b) or a provision of the repealed Act; or\n\t(ii)\tunder an Act that provides for the payment of benefits by the Treasurer; or\n\t(iii)\tunder an administered scheme.\n\t(3)\tA spouse member of the scheme is not entitled to default invalidity/death insurance in the spouse member's capacity as a spouse member.\n\t(4)\tSubject to subregulation (5), the following provisions apply in relation to a member who has received invalidity insurance benefits (or invalidity benefits of a similar kind) under the Act, the repealed Act, another Act that provides for the payment of benefits by the Treasurer or an administered scheme, and is subsequently employed in employment to which the Act applies:\n\t(a)\tthe member is entitled to default death insurance, but not default invalidity insurance, in respect of the member's subsequent employment (and a reference in these regulations to invalidity/death insurance is to be taken, insofar as it applies to the member, to be a reference to death insurance only);\n\t(b)\thowever, a death insurance benefit is payable only if the cause of the member's death has no connection with the condition in relation to which invalidity benefits (or a benefit in the nature of invalidity benefits) were previously paid to the member.\n\t(5)\tSubregulation (4) does not apply in relation to a member who is not entitled to default invalidity/death insurance by virtue of subregulation (2)(c).\n\t(6)\tIn this regulation—\nadministered scheme has the same meaning as in Schedule 3 of the Superannuation Act 1988.\nA member who holds fixed insurance cover when this regulation commences is not entitled to default invalidity/death insurance—see Schedule 3 Part 2.\nSubdivision 2—Additional invalidity/death insurance\n29—Interpretation\nIn this Subdivision—\nfixed benefit insurance cover—see regulation 34;\nstandard insurance cover—see regulation 34.\n30—Application for additional invalidity/death insurance\n\t(1)\tSubject to this regulation, a member under the age of 70 years (other than a prescribed member under the age of 65 years) may apply to the Board for additional invalidity/death insurance under this regulation.\n\t(1a)\tAdditional invalidity/death insurance may only be provided to a PSS 3 member in connection with an election under section 36 of the Parliamentary Superannuation Act 1974 to take out voluntary invalidity/death insurance if the member has applied to the Board for the insurance in accordance with these regulations.\n\t(2)\tA person who is employed on a casual basis can only apply for additional invalidity/death insurance if he or she is employed 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.\n\t(3)\tA person who is not entitled to default invalidity/death insurance under regulation 28(2)(b) or (c), or who is entitled to default death insurance but not default invalidity insurance, cannot apply for additional invalidity/death insurance or death insurance.\n\t(4)\tA person who is a member of the scheme by virtue only of regulation 9(3), (5b), (6) or (7) (including any combination of these provisions) cannot apply for additional invalidity/death insurance.\n\t(4a)\tA person who is a member of the scheme by virtue only of regulation 14(1) is not entitled to additional invalidity/death insurance and any additional invalidity/death insurance cover held by a person if and when they become a member of the scheme by virtue only of regulation 14(1) is cancelled.\n\t(5)\tIf within 3 months after electing to become a member of the Triple S scheme, a contributor under the Superannuation Act 1988 applies to the Board under this regulation for additional invalidity/death insurance that will entitle the applicant to benefits that will not, in the Board's opinion, exceed the benefits in the nature of invalidity and death insurance to which the applicant would have been entitled under the Superannuation Act 1988—\n\t(a)\tregulation 49(2) does not apply to the applicant; and\n\t(b)\tthe Board must accept the application and the only conditions that it can impose on its acceptance are the conditions (if any) to which the applicant's membership of the State Scheme is subject or conditions to which the applicant agrees.\n\t(6)\tIf the Board grants an application for additional invalidity/death insurance or for an increase or decrease in the level of additional insurance, the Board must fix the date for the commencement of the insurance or of the increase or decrease in the level of insurance.\n31—Additional invalidity/death insurance for prescribed members\n\t(1)\tA prescribed member under the age of 65 years who has not taken out fixed benefit insurance has, regardless of the state of the health of the member, additional invalidity/death insurance cover at least equal in value to 3 units of standard insurance cover, determined according to the member's current age, and is liable for premiums in respect of that insurance fixed by or under regulation 34.\n\t(2)\tA prescribed member under the age of 65 years who has taken out fixed benefit insurance cover has, regardless of the state of the health of the member, the number of units of fixed benefit insurance cover necessary to provide the member with invalidity/death insurance cover at least equal in value to 6 units of standard insurance cover (taking into account the member's default invalidity/death insurance cover), determined according to the member's current age, and is liable for premiums in respect of that insurance fixed by or under regulation 34.\n\t(3)\tA prescribed member is not required to apply for additional insurance to which the member is entitled under subregulation (1) or (2).\n\t(4)\tSubject to regulation 34, a prescribed member may apply to the Board, in the approved form, to increase the level of the member's additional invalidity/death insurance.\n\t(5)\tIf the Board grants an application for an increase in the level of additional insurance, the Board must fix the date for the commencement of the increase in the level of insurance.\nSubdivision 3—Amount of insurance benefits and premiums\n34—Amount of invalidity/death insurance benefits and amount of premiums\n\t(1)\tThere will be 2 classes of invalidity/death insurance:\n\t(a)\tstandard insurance cover under the Table in Schedule 1 where the value of a unit of cover, as designated in column 2, is determined on the basis of the member's age;\n\t(b)\tfixed benefit insurance cover where the value of a unit of cover is fixed at $10 000 irrespective of the member's age (up to age 69).\n\t(2)\tThere will be 2 classes of death insurance for members to whom regulation 28(4) applies:\n\t(a)\tstandard insurance cover under the Table in Schedule 2 where the value of a unit of cover, as designated in column 2, is determined on the basis of the member's age;\n\t(b)\tfixed benefit insurance cover where the value of a unit of cover is fixed at $10 000 irrespective of the member's age (up to age 69).\n\t(3)\tInsurance cover under this Division ceases in relation to a member when the member reaches the age of 70 years.\n\t(4)\tThe amount of the premium payable per unit of insurance cover provided under this regulation is to be fixed by the Board on the recommendation of an actuary.\n\t(5)\tAn applicant for additional invalidity/death insurance may apply for standard insurance cover or fixed benefit insurance cover.\n\t(6)\tThe class of insurance held by a member may, on application by the member in the approved form and subject to terms and conditions determined by the Board, be changed to the other class of insurance.\n\t(7)\tHowever, a member may not, at any 1 time, take out both standard and fixed benefit insurance cover.\n\t(8)\tSubject to regulation 35A, the amount of default invalidity/death insurance for a member who has not taken out fixed benefit insurance cover is 3 units of standard insurance cover.\n\t(9)\tIf a member has an entitlement to default invalidity/death insurance immediately before taking out fixed benefit insurance cover, the level of the member's default invalidity/death insurance will be determined by the Board.\n\t(10)\tIn making a determination for the purposes of subregulation (9), the Board must ensure that the member's default invalidity/death insurance after the member takes out fixed benefit insurance cover is fixed at a level that provides insurance cover that is as close as possible in value to, but does not exceed in value, the value of the member's default invalidity/death insurance cover immediately before the fixed benefit insurance cover is taken out.\n\t(11)\tIf a member who takes out fixed benefit insurance cover does not have an entitlement to default invalidity/death insurance immediately before taking out the fixed benefit insurance cover, the member is not entitled to default invalidity/death insurance.\nA member to whom subregulation (11) applies may nevertheless make application for additional insurance.\n\t(12)\tThe Board may allow a rebate of the premium payable under this regulation in respect of invalidity/death insurance cover or death insurance cover.\n\t(13)\tThe aggregate value of units of cover granted to a member employed other than on a casual basis must not exceed $1 500 000 (inclusive of the member's default cover).\n\t(14)\tThe aggregate value of units of cover granted to a member employed on a casual basis must not exceed $750 000 (inclusive of the member's default cover).\n35—Voluntary reduction or cessation of invalidity/death insurance\n\t(1)\tSubject to subregulation (2), the amount of invalidity/death insurance held by a member may be reduced on application by the member to the Board in the approved form.\n\t(2)\tThe value of invalidity/death insurance held by a prescribed member under the age of 65 years may not be reduced below an amount equivalent in value to 6 units of standard insurance cover.\n\t(3)\tInvalidity/death insurance held by a member (other than a prescribed member under the age of 65 years) may cease on application to the Board by the member in the approved form.\n\t(4)\tIf the amount of invalidity/death insurance held by a member is reduced, or ceases, under this regulation, premiums will cease to be payable in respect of any cover that is no longer held by the member from a day determined by the Board (which must be as soon as practicable after receipt of the application).\n35A—Application for insurance following decrease or cessation of insurance\n\t(1)\tIf the amount of invalidity/death insurance held by a member is reduced under regulation 35—\n\t(a)\tfurther invalidity/death insurance may subsequently be granted to the member on application by the member in the approved form; but\n\t(b)\tif the amount of the member's insurance has been reduced to 2 units or less of standard insurance cover (or an amount of insurance that is lower in value than, but does not exceed in value, 2 units of standard insurance cover)—\n\t(i)\tthe member's default invalidity/death insurance will not exceed in value the amount to which the member's insurance has been reduced; and\n\t(ii)\taccordingly, the Board may, having regard to the state of the member's health, grant the application subject to authorised conditions (see regulation 49).\n\t(2)\tIf the amount of invalidity/death insurance held by a member ceases under regulation 35, further invalidity/death insurance may subsequently be granted to the member on application by the member in the approved form, subject to the following:\n\t(a)\tthe member will no longer be entitled to default invalidity/death insurance;\n\t(b)\tthe Board may, having regard to the state of the member's health, grant the application subject to authorised conditions (see regulation 49).\n","sortOrder":8},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Income protection","content":"Subdivision 4—Income protection\n36—Disability pension\n\t(1)\tPursuant to section 22(1) of the Act, but subject to these regulations, a member who—\n\t(a)\tis incapacitated for work on account of a disability; and\n\t(b)\tis absent from work in respect of employment to which the Act applies on account of the incapacity; and\n\t(c)\tis receiving treatment from a medical practitioner in respect of the incapacity and is following the advice of the practitioner,\nis entitled to a disability pension.\n\t(2)\tA member is incapacitated for work on account of a disability for the purposes of this Subdivision if the Board is satisfied that the member—\n\t(a)\tis suffering from ill health (whether physical or mental); and\n\t(b)\tis unable, because of that ill health—\n\t(i)\tto undertake the duties of the position usually occupied by the member or is unable to undertake those duties at the member's usual capacity; and\n\t(ii)\tto undertake the duties of any other suitable position made available to the member.\n\t(3)\tFor the purposes of subregulation (2), a position is a suitable position for a member if—\n\t(a)\tthe position carries a salary of at least 80% of the salary applicable to the position usually occupied by the member; and\n\t(b)\tthe member could reasonably be expected to take the position.\n\t(4)\tA member is not entitled to a disability pension under subregulation (1) if the member—\n\t(a)\tis aged 65 years or over; or\n\t(b)\tis exempted from the ambit of this regulation under regulation 37; or\n\t(c)\tis not entitled to a disability pension under this regulation by virtue of regulation 38.\n\t(4a)\tIf regulation 9(1)(a) ceases to apply to a person, the following provisions apply:\n\t(a)\tif the person holds income protection cover immediately before the day on which regulation 9(1)(a) ceases to apply, the person's salary from the relevant employer is to be taken into account on and from that day when calculating the person's notional salary for the purpose of determining the amount of any disability pension to which the person is entitled;\n\t(b)\thowever, the person's salary from the relevant employer is not to be taken into account for the purposes of determining the amount of any disability pension payable in respect of a medical condition existing before the day on which regulation 9(1)(a) ceases to apply unless—\n\t(i)\tthe person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; and\n\t(ii)\tthe incapacity for work occurs after the end of that 12 month period;\n\t(c)\tif, immediately before the day on which regulation 9(1)(a) ceases to apply, the person holds no income protection cover, the person will, subject to subregulation (4), be entitled to income protection cover under Part 3 Division 2 Subdivision 4 on and from that day;\n\t(d)\thowever, a disability pension will not be payable to a member who becomes entitled to income protection under paragraph (c) in respect of incapacity for work arising from a medical condition existing before the day on which regulation 9(1)(a) ceases to apply unless—\n\t(i)\tthe person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; and\n\t(5)\tIf a member who is entitled to a disability pension under subregulation (1) becomes incapacitated for work on account of a disability while on leave without pay for a reason that is not connected to the disability, payment of the pension is not to commence, unless the Board determines otherwise, before the day on which the member was expected to return to work following the period of leave.\n36AA—Application for disability pension\n\t(1)\tAn application for a disability pension must be made—\n\t(a)\twithin 6 months of the day on which the member is first absent from work in respect of employment to which the Act applies; or\n\t(b)\tif the member is entitled to—\n\t(i)\tweekly payments of workers compensation; or\n\t(ii)\tother temporary income replacement benefits payable under an industrial agreement or award applying to the member,\nimmediately after the member's first absence from work in respect of employment to which the Act applies—within 6 months of the day on which the member ceases to be entitled to such payments; or\n\t(c)\tif the member is on recreation leave, long service leave, paid sick leave, paid parental leave or any other form of paid leave immediately after the member's first absence from work in respect of employment to which the Act applies—within 6 months of the day on which the member ceases to be on such leave.\n\t(2)\tIf a member notifies the Board when lodging an application for a disability pension that the application should not be assessed until further notice, the application will be taken to have been received by the Board if and when the member subsequently gives notice to the Board that the application is to be assessed.\n\t(3)\tFor the purposes of subregulation (1), a period during which a police member receives salary or wages pursuant to an arrangement under which employees forego part of their annual recreation leave in return for the grant of additional sick leave is to be taken to be a period during which the member is not absent from work.\nThe Commissioner of Police may make and carry out such an arrangement with employees under regulation 66 of the Police Regulations 2014.\n36AAB—Amount of pension\n\t(1)\tThe amount of a disability pension will be 75% of the member's notional salary.\n\t(2)\tIn addition, a contribution replacement benefit of an amount determined by the Board will be credited to the member's employer contribution account under regulation 16(2) while the member is in receipt of a disability pension under this Subdivision.\n\t(3)\tIn this regulation—\nnotional salary—see regulation 36A.\n36AAC—Matters affecting entitlement to pension\n\t(1)\tA disability pension is payable to a member in respect of a disability—\n\t(a)\tonly if the member is—\n\t(i)\tincapacitated for work on account of the disability for a period that exceeds the waiting period; and\n\t(ii)\tabsent from the member's employment on account of the incapacity for all working days falling within the waiting period; and\n\t(b)\tonly in relation to a period of incapacity that occurs after the end of the waiting period.\n\t(2)\tIn subregulation (1), the waiting period is—\n\t(a)\t30 days; or\n\t(b)\tif—\n\t(i)\tthe member has elected in the approved form for a longer waiting period to apply and has not withdrawn the election; and\n\t(ii)\tthe first day on which the member is absent from employment on account of the incapacity occurs after the day on which notice of the election is lodged with the Board,\n90 days.\n\t(3)\tFor the purposes of subregulation (1)(a)(ii)—\n\t(a)\tif a member whose waiting period is referred to in subregulation (2)(a) returns to work during the waiting period—\n\t(i)\tfor no more than 2 days (whether or not consecutive), those days are not to be taken into account for the purposes of determining the period for which the member has been absent from employment; or\n\t(ii)\tfor a total number of hours that does not exceed the total number of hours the member would ordinarily work (as determined by the Board) in a 2 day period, the Board may determine that the member is to be taken to have been absent from work on account of the incapacity for all working days falling within the waiting period; and\n\t(b)\tif a member with any other waiting period returns to work during the waiting period—\n\t(i)\tfor 5 days or less, and no more than 2 of those days are consecutive (whether on 1 or 2 occasions), those days are not to be taken into account for the purposes of determining the period for which the member has been absent from employment; or\n\t(ii)\tfor a total number of hours that does not exceed the total number of hours the member would ordinarily work (as determined by the Board) in a 5 day period, the Board may determine that the member is to be taken to have been absent from work on account of the incapacity for all working days falling within the waiting period.\n\t(4)\tIf a member withdraws an election made under subregulation (2)(b) by notice to the Board in the approved form, the member's waiting period under subregulation (2) will be a period commencing on the first day on which the member is absent from employment on account of the incapacity and ending on the day falling—\n\t(a)\t90 days from the day on which the notice is lodged with the Board; or\n\t(b)\t30 days from the first day on which the member is absent from employment on account of the incapacity,\nwhichever occurs later.\n\t(5)\tA disability pension is not payable to a member in respect of—\n\t(a)\ta period in respect of which the member is entitled to weekly payments of workers compensation or would have been entitled to weekly payments of workers compensation if the member had not accepted a redemption of the liability to make those weekly payments under Part 4 Division 4 of the Return to Work Act 2014; or\n\t(ab)\tany period in respect of which the member is entitled to temporary income replacement benefits payable under an industrial agreement or award applying to the member; or\n\t(b)\ta period for which the member is on recreation leave, long service leave, paid sick leave or any other form of paid leave.\n\t(7)\tA person who—\n\t(a)\tis a member of the scheme by virtue of an election under regulation 10; and\n\t(b)\twas aged 55 years or over when the election was made,\nis not entitled, during the first 24 months of the person's membership of the scheme, to a disability pension in respect of an incapacity attributable to a medical condition existing before the day on which that membership commenced.\n\t(8)\tA person who is a contributor within the meaning of the Superannuation Act 1988 to whom regulation 11 applies is not entitled, during the period of 24 months commencing on the day on which regulation 11 first applies to the person, to a disability pension in respect of an incapacity attributable to a medical condition existing before that day.\n\t(9)\tA member who returns to work in employment to which the Act applies after being on leave without pay for 12 months or more is not entitled, during the period of 24 months commencing on the day on which the member returns to work, to a disability pension in respect of a condition that was known to the member on that day.\n\t(10)\tIn this regulation—\nworking day in relation to a member means a day on which the member would be normally required to work in the course of employment.\n36AAD—Duration of disability pension\n\t(1)\tA member who is in receipt of a disability pension may, by notice in writing to the Board, suspend payment of the pension for a period specified in the notice.\n\t(2)\tA disability pension cannot be paid in respect of a particular disability—\n\t(a)\tfor a continuous period of more than 24 months; or\n\t(b)\tfor an aggregate period of more than 24 months in any 1 period of 48 months.\n\t(3)\tFor the purposes of subregulation (2)—\n\t(a)\tif an application by a member for a disability pension is taken under regulation 36AA(2) to have been received on a day that is not the day on which it was lodged, and the application is successful, the period commencing on the day on which the application was lodged and ending on the day on which the applicant gives notice to the Board that the application is to be assessed is to be taken into account as a period during which a disability pension was paid to the member; and\n\t(b)\tif payment of a disability pension to a member is suspended at the request of the member under subregulation (1), the period of the suspension is to be taken into account as a period during which a disability pension was paid to the member.\n\t(4)\tA person in receipt of a disability pension whose employment terminates ceases to be entitled to the pension from the day immediately following the day on which the employment terminates or is taken to have been terminated.\n\t(5)\tSubregulation (4) applies irrespective of the manner in which the person's employment terminates.\n\t(6)\tIf a member to whom regulation 6(4) applies is entitled to a disability pension in respect of incapacity for work in the 12 month period during which the member is taken to remain in employment, the pension will not be payable after the end of the designated period.\n\t(7)\tFor the purposes of subregulation (6), the designated period is a period—\n\t(a)\tcommencing on the day following the day on which the 12 month period during which the member is taken to remain in employment expires; and\n\t(b)\tequivalent in length to the waiting period that applied under regulation 36AAC in respect of the member's disability pension.\n36AAE—Miscellaneous\n\t(1)\tA member is not required to make a contribution over a period for which the member receives a disability pension.\n\t(2)\tA right to a disability pension under this Subdivision cannot be assigned.\n\t(3)\tSubregulation (2) does not prevent the making of a garnishee order in relation to a pension.\n\t(4)\tIf a person who is a member of the scheme by virtue of regulation 9(2) becomes entitled to a benefit under this Subdivision, the person is not entitled to a benefit under section 30 or 36 of the Superannuation Act 1988.\n\t(5)\tDespite any other regulation, a member may receive a disability pension under this Subdivision while engaged in remunerative activities if the Board is satisfied that the member is engaged in the activities for the purposes of a rehabilitation or return to work arrangement.\n\t(6)\tHowever, if at any time during a financial year a member who is receiving, or would, but for this subregulation, be entitled to receive, a pension under this Subdivision is also receiving income from remunerative activities, the pension will be reduced by the amount by which the pension and income exceed, when aggregated, the amount that the member would be entitled to receive if the member were in receipt of the member's notional salary (within the meaning of regulation 36AAB) and if those payments equal or exceed that amount, the pension will be suspended.\n36A—Notional salary\n\t(1)\tFor the purposes of regulation 36AAB, the notional salary of a member who is entitled to a disability pension is the salary that the member was receiving immediately before the commencement of the member's incapacity for work, adjusted at the commencement of each adjustment period to reflect—\n\t(a)\tin the case of an April adjustment period—the percentage variation (rounded to 2 decimal places) between the Consumer Price Index for the immediately preceding December quarter and the Consumer Price Index for the immediately preceding June quarter; and\n\t(b)\tin the case of an October adjustment period—the percentage variation (rounded to 2 decimal places) between the Consumer Price Index for the immediately preceding June quarter and the Consumer Price Index for the immediately preceding December quarter.\n\t(2)\tHowever—\n\t(a)\tif the member was not, immediately before the commencement of the incapacity, in full‑time employment, the notional salary will be calculated by reference to a formula determined by the Board, having regard to such evidence of the member's salary (over the course of the member's employment or, if the member has been employed for more than 3 years, the last 3 years of the member's employment) as the Board considers appropriate (including, without limitation, premiums paid by the member under these regulations); and\n\t(b)\tif the Board is satisfied that—\n\t(i)\tthe member was not, immediately before the commencement of his or her incapacity, in receipt of a shift work allowance or an on call allowance to which he or she would ordinarily be entitled; and\n\t(ii)\the or she was not in receipt of the allowance only because of a medical condition to which his or her incapacity is attributable,\nthe member will be taken to have been receiving the allowance immediately before the commencement of his or her incapacity.\n\t(3)\tDespite subregulations (1) and (2), if a member's notional salary would, but for this subregulation, exceed the automatic acceptance limit, the member's notional salary is fixed at the automatic acceptance limit.\n\t(4)\tA member whose notional salary is fixed under subregulation (3) may apply to the Board for additional income protection cover.\n\t(5)\tRegulation 37A applies in relation to an application under subregulation (4).\n\t(6)\tIf the Board approves the member's application, the member's notional salary will be determined, subject to regulation 36B, under subregulation (1) or (2), as appropriate.\n\t(7)\tThe member may, by subsequent application in the approved form, apply for a reduction in the level of the member's income protection cover.\n\t(8)\tIf the Board approves the member's application, the member's notional salary will be fixed at the automatic acceptance limit unless and until the member's notional salary if determined under subregulation (1) or (2) would be set at a level lower than the automatic acceptance limit (and subregulations (1) and (2) will then apply for the purposes of determining the member's notional salary).\n\t(9)\tIf an application for additional income protection cover is granted subject to authorised conditions under regulation 37A, any entitlement of the member to a disability pension based on a notional salary set at a level higher than the automatic acceptance limit will be subject to those conditions (but the member will, if the member has income protection cover under these regulations that the member was not required to apply for, be entitled, without conditions, to a disability pension based on a notional salary fixed at the automatic acceptance limit).\n\t(9a)\tAn adjustment is not to be made under subregulation (1) if the effect of the adjustment would be to reduce the amount of a member's disability pension.\n\t(10)\tIn this regulation—\nadjustment period means the period of 6 months commencing on 1 April and 1 October in each year;\nApril adjustment period means an adjustment period commencing on 1 April in any year;\nautomatic acceptance limit means a salary level fixed by the Board from time to time for the purposes of this definition;\nConsumer Price Index means the Consumer Price Index (All groups index for Adelaide) published by the Australian Bureau of Statistics;\nOctober adjustment period means an adjustment period commencing on 1 October in any year.\n36B—Maximum level of income protection\n\t(1)\tDespite any other regulation, the level of a member's income protection cover under this Part may not exceed the level of income protection cover provided where notional salary is equal to the maximum salary income protection cap.\n\t(2)\tFor the purposes of regulations 36AAB and 36A, the notional salary of a member whose salary exceeds the level of the maximum salary income protection cap will be fixed at the level of that cap and the member's disability pension premium will be determined accordingly.\n\t(3)\tA member whose salary exceeds the maximum salary income protection cap may not apply for a level of income protection cover that exceeds the cover provided to a member whose notional salary is equal to the maximum salary income protection cap.\n\t(4)\tIn this regulation—\nmaximum salary income protection cap means a salary level fixed by the Board from time to time for the purposes of this definition.\n37—Exemption from ambit of regulation 36\n\t(1)\tA member (other than a prescribed member under the age of 60 years), may elect, in the approved form, to be exempted from the ambit of regulation 36.\n\t(2)\tAn election under subregulation (1) will take effect from a date determined by the Board.\n\t(3)\tSubject to subregulation (4), a member employed on a casual basis is exempted from the ambit of regulation 36 unless—\n\t(a)\tthe member was entitled to a disability pension in the event of incapacity for work under section 33A of the repealed Act immediately before the repeal of that Act; or\n\t(b)\tnot more than 3 months before commencing that casual employment, the member was engaged in employment to which the Act applies on a full-time or part-time basis (other than as a casual employee) and had an entitlement to a disability pension under this Subdivision.\n\t(4)\tA member who is exempted from the ambit of regulation 36 under subregulation (1) or (3) may apply to the Board to be brought within the ambit of that regulation.\n\t(11)\tIf the Board grants an application under subregulation (4), the applicant ceases to be exempted from the ambit of regulation 36 from a date determined by the Board.\n37A—Applications for income protection\n\t(1)\tAn application under regulation 36A(4) or 37(4) or Schedule 3 must be in the approved form.\n\t(2)\tThe applicant must provide the Board with the following information as to the state of the applicant's health:\n\t(a)\tinformation relating to medical advice, examinations or treatment received by the applicant;\n\t(b)\tinformation as to any other treatment received by the applicant for any illness, condition or disability suffered by the applicant;\n\t(c)\tinformation as to any illness, condition or disability suffered by the applicant or any symptoms suffered by the applicant that may indicate an illness, condition or disability;\n\t(d)\tinformation as to any drugs or other substances (whether legal or illegal and whether medicinal or not) taken by the applicant or to which the applicant has been exposed,\nand the Board may require an applicant to provide satisfactory evidence of the state of the applicant's health.\n\t(3)\tThe cost of any medical examination to which an applicant is required to submit for the purposes of subregulation (2) is to be borne by the applicant.\n\t(4)\tIf it appears to the Board—\n\t(a)\tthat an applicant's state of health is such as to create a risk of incapacity for work; or\n\t(b)\tthat an applicant has in the past engaged in a prescribed activity that increases the risk of incapacity for work; or\n\t(c)\tthat an applicant is likely in the future to engage in an activity of a kind referred to in paragraph (b),\nthe Board may refuse the application or grant the application on authorised conditions.\n\t(5)\tConsideration of an application to which subregulation (4) applies may, if the Board thinks fit, be deferred for a reasonable period.\n\t(6)\tA condition on which an application has been granted may be varied or removed by the Board if the Board considers it appropriate to do so following consideration of medical evidence provided by the applicant (but a condition may not be removed unless the Board is satisfied that none of the circumstances specified in subregulation (4)(a), (b) or (c) apply in relation to the applicant).\n\t(7)\tSubject to subregulation (8), if it appears to the Board that an applicant withheld information required in relation to the member's application under this regulation, the Board may withhold or reduce the pension to which the applicant would otherwise have been entitled.\n\t(8)\tIf—\n\t(a)\tit appears to the Board that an applicant withheld information required in relation to the member's application under this regulation; and\n\t(b)\tthe withheld information relates to a medical condition to which the applicant's incapacity for work is attributable,\nthe Board must withhold the pension to which the applicant would otherwise have been entitled in respect of that incapacity.\n\t(9)\tIn this regulation—\nauthorised condition, in relation to the granting of an application under regulation 36A(4), 37(4) or Schedule 3, means—\n\t(a)\ta condition providing that a disability pension is not payable if the applicant's incapacity for work is caused wholly or partly by—\n\t(i)\ta pre‑existing illness, condition or disability; or\n\t(ii)\tan illness, condition or disability arising out of a pre‑existing illness, condition or disability; or\n\t(iii)\ta prescribed activity; or\n\t(b)\ta condition that a disability pension is only to be payable in respect of an incapacity for work arising from—\n\t(i)\taccidental causes; or\n\t(ii)\tan illness or condition that is not related to or associated with a medical condition of a kind specified by the Board;\nprescribed activity means the smoking, chewing or sucking of a tobacco product or any other activity involving the consumption of a tobacco product;\ntobacco product means—\n\t(a)\ta cigarette; or\n\t(b)\ta cigar; or\n\t(c)\tcigarette or pipe tobacco; or\n\t(d)\ttobacco prepared for chewing or sucking; or\n\t(e)\tsnuff.\n38—Persons not entitled to disability pension\nThe following are not entitled to a disability pension under this Subdivision under any circumstances:\n\t(a)\ta spouse member, unless the spouse member is also a member of the scheme;\n\t(b)\ta person who is a member of the scheme solely by virtue of regulation 9(3), (5), (5a), (5b), (6), (7) or (8) or 14(1) (or any combination of these provisions);\n\t(c)\ta member to whom insurance benefits (or benefits of a similar kind) have been paid on account of invalidity or a terminal illness under the Act, the repealed Act, another Act that provides for the payment of benefits by the Treasurer or an administered scheme under Schedule 3 of the Superannuation Act 1988;\n\t(d)\ta person who is—\n\t(i)\temployed or engaged for a specified period of time; and\n\t(ii)\tremunerated solely by a fee, allowance or commission.\n","sortOrder":9},{"sectionNumber":"Subdiv 4A","sectionType":"subdivision","heading":"Special disability pension for police officers","content":"Subdivision 4A—Special disability pension for police officers\n38A—Police disability pension\n\t(1)\tPursuant to section 22(1) of the Act, but subject to this regulation, a police officer is entitled to a pension under this regulation (a police disability pension) if—\n\t(a)\tthe officer is temporarily or permanently incapacitated for work as a result of a physical or psychological injury sustained when he or she was on duty or lawfully exercising the powers of a police officer; and\n\t(b)\tthe injury—\n\t(i)\tresulted from conduct directed at the officer that constitutes a criminal offence; or\n\t(ii)\toccurred as a direct and immediate result of conduct that constitutes a criminal offence in the course of the officer's involvement in police operations directed at the investigation of criminal conduct, or conduct that appears to be criminal; or\n\t(iii)\toccurred as a direct and immediate result of conduct that constitutes a criminal offence by a person who has been apprehended or who the officer is attempting to apprehend.\n\t(2)\tA police disability pension—\n\t(a)\tis payable to a member only in relation to any period during which the member is entitled to weekly payments of workers compensation under the Return to Work Act 2014 of an amount that is less than the member's notional weekly earnings under that Act; and\n\t(b)\tis not payable to a member if the member was, at the time of sustaining the injury, engaged in—\n\t(i)\tconduct constituting a criminal offence; or\n\t(ii)\tconduct constituting a breach of a provision of the Code of Conduct established under Part 6 of the Police Act 1998 concerning corrupt, improper or discreditable behaviour,\nunless the Board is of the opinion that the conduct does not amount to serious misconduct; and\n\t(c)\tcannot be paid for a continuous period of more than 24 months; and\n\t(d)\tcannot be paid in respect of the same incapacity for an aggregate period of more than 24 months in any 1 period of 48 months.\n\t(3)\tFor the purposes of subregulation (2)(b)—\n\t(a)\ta person will be regarded as having been engaged in conduct constituting a criminal offence only if he or she is found guilty of the offence under a law of this State, the Commonwealth or another State or a Territory of the Commonwealth; and\n\t(b)\ta person will be regarded as having been engaged in conduct constituting a breach of the Code of Conduct only if he or she is charged with the breach and—\n\t(i)\tadmits the breach in accordance with the Police Act 1998; or\n\t(ii)\tis found guilty of the breach in proceedings before the Police Disciplinary Tribunal.\n\t(4)\tThe Board may authorise the payment of a police disability pension to a police officer despite the fact that no person has been prosecuted for, or found guilty of, any offence constituted by the conduct that resulted in the officer's injury.\n\t(5)\tThe amount of the police disability pension payable to a member in a particular period will be the difference between the amount of the weekly payments of workers compensation to which the member is entitled for that period and the member's notional weekly earnings for that period under the Return to Work Act 2014.\n\t(6)\tA person in receipt of a police disability pension whose employment terminates ceases to be entitled to the pension from the day immediately following the day on which the employment terminates or is taken to have been terminated.\n\t(7)\tIf the Board is satisfied that a member in receipt of a police disability pension—\n\t(a)\tis not making a reasonable effort to return to work that the member has the capacity to perform; or\n\t(b)\thas unreasonably failed to cooperate with the Board; or\n\t(c)\thas acted dishonestly or otherwise in bad faith in his or her dealings with the Board,\nthe Board may discontinue the pension (but the Board must first give the member written notice, at least 21 days before the discontinuance takes effect, of its decision to discontinue the pension).\n\t(8)\tA person is not entitled to receive a police disability pension while the person is in receipt of a disability pension under Subdivision 4 or section 30 of the Police Superannuation Act 1990.\n\t(9)\tIf a person who is receiving or has received a police disability pension is paid compensation or damages from another source for the loss of income to which the pension relates (other than under the Return to Work Act 2014)—\n\t(a)\tthe Board may, if payment of the pension has not already ceased, discontinue the pension; and\n\t(b)\tthe Treasurer may recover from the person, as a debt, the amount of the pension paid to the person (but may not recover more than the amount of compensation or damages paid to the person from the other source).\n\t(10)\tA police disability pension may not be paid in relation to an injury sustained on or after the day falling 5 years after the commencement of this regulation.\n38B—Members of Police Superannuation Scheme\nA person who is a member of the scheme solely by virtue of being entitled to a police disability pension is not entitled to make contributions under section 20(1)(a) of the Act and is not entitled to any other benefits under the Act or these regulations in his or her capacity as a member under regulation 9(5b).\n38C—Administrative charges and reimbursement of Fund\n\t(1)\tThe Board may fix administrative charges payable by South Australia Police in respect of the administration by the Board of this Subdivision.\n\t(2)\tAn amount equivalent to any payment made to a police officer in accordance with this Subdivision is to be paid by South Australia Police to the Treasurer.\n\t(3)\tThe Treasurer is to pay an amount equivalent to any amount—\n\t(a)\treceived from South Australia Police under subregulation (1) or (2); or\n\t(b)\trecovered from a person under regulation 38A(9),\ninto the Fund.\n","sortOrder":10},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Payment of premiums","content":"Subdivision 5—Payment of premiums\n39—Payment of premiums by members\n\t(1)\tPremiums payable by a member, including the disability pension premium, will be debited against the member's accounts in accordance with regulation 16.\n\t(2)\tIf the debiting of a premium for invalidity/death insurance under subregulation (1) would result in a debit balance in 1 or more of the member's accounts—\n\t(a)\tpremiums will be debited against the member's accounts to the extent of any credit balance in those accounts until the insurance is cancelled under paragraph (b); and\n\t(b)\tthe member's invalidity/death insurance is cancelled on the expiration of the designated period unless, before the end of that period, 1 or more of the member's accounts is sufficiently in credit for the purposes of this regulation.\n\t(3)\tIf the debiting of a disability pension premium under subregulation (1) would result in a debit balance in 1 or more of the member's accounts—\n\t(a)\tpremiums will be debited against the member's accounts to the extent of any credit balance in those accounts until the entitlement to a pension is cancelled under paragraph (b); and\n\t(b)\tthe member's entitlement to a disability pension in the event of incapacity for work is cancelled on the expiration of the designated period unless, before the end of that period, 1 or more of the member's accounts is sufficiently in credit for the purposes of this regulation.\n\t(4)\tFor the purposes of this regulation—\n\t(a)\tthe designated period is a period commencing on the day on which debiting of a premium would, if it were to occur, first result in a debit balance in an account of a member and ending on a day determined by the Board; and\n\t(b)\tan account of a member is sufficiently in credit if there are sufficient funds in the account to satisfy any arrears in premiums between the day that the debiting of a premium would have first resulted in a debit balance in the account and the end of the designated period.\n","sortOrder":11},{"sectionNumber":"Div 3","sectionType":"division","heading":"Spouse members—death insurance","content":"Division 3—Spouse members—death insurance\n40—Application for death insurance\n\t(1)\tA spouse member under the age of 70 years may, if the spouse member is the spouse of a member, apply to the Board for death insurance.\n\t(2)\tA spouse member who is not the spouse of a member is not entitled to death insurance cover and any such cover enjoyed by a spouse member will cease if the spouse member ceases to be the spouse of a member.\n\t(3)\tIf the Board grants an application for death insurance or for an increase or decrease in the level of death insurance, the Board must fix the date for the commencement of the insurance or of the increase or decrease in the level of the insurance.\n41—Variation of death insurance\nSubject to regulation 42, a spouse member who has death insurance may apply to the Board to increase or decrease the level of the insurance.\n42—Amount of death insurance benefits and amount of premiums\n\t(1)\tThere will be 2 classes of death insurance:\n\t(a)\tstandard insurance cover under the Table in Schedule 2 where the value of a unit of cover, as designated in column 2, is determined on the basis of the spouse member's age;\n\t(b)\tfixed benefit insurance cover where the value of a unit of cover is fixed at $10 000 irrespective of the spouse member's age (up to age 69).\n\t(2)\tInsurance cover under this Division ceases in relation to a spouse member when the spouse member reaches the age of 70 years.\n\t(3)\tThe amount of the premium payable per unit of insurance cover provided under this regulation is to be fixed by the Board on the recommendation of an actuary.\n\t(4)\tThe Board may allow a rebate of the premium payable under this regulation in respect of death insurance cover.\n\t(5)\tAn applicant for death insurance may apply for standard insurance cover or fixed benefit insurance cover.\n\t(6)\tHowever, a spouse member may not, at any 1 time, take out both standard and fixed benefit insurance cover.\n\t(7)\tThe aggregate value of units of cover granted to a spouse member must not exceed $1 500 000.\n43—Payment of premiums by spouse members\n\t(1)\tPremiums payable by a spouse member may be debited against any of the spouse member's spouse accounts.\n\t(2)\tIf the debiting of a premium for death insurance under subregulation (1) would result in a debit balance in 1 or more of the spouse member's accounts—\n\t(a)\tpremiums will be debited against the spouse member's accounts to the extent of any credit balance in those accounts until the insurance is cancelled under paragraph (b); and\n\t(b)\tthe spouse member's death insurance is cancelled on the expiration of the designated period unless, before the end of that period, 1 or more of the member's accounts is sufficiently in credit for the purposes of this regulation.\n\t(3)\tFor the purposes of this regulation—\n\t(a)\tthe designated period is a period commencing on the day on which debiting of a premium would, if it were to occur, first result in a debit balance in an account of a spouse member and ending on a day determined by the Board; and\n\t(b)\tan account of a spouse member is sufficiently in credit if there are sufficient funds in the account to satisfy any arrears in premiums between the day that the debiting of a premium would have first resulted in a debit balance in the account and the end of the designated period.\n","sortOrder":12},{"sectionNumber":"Div 4","sectionType":"division","heading":"Post retirement investment and invalidity/death insurance","content":"Division 4—Post retirement investment and invalidity/death insurance\n44—Interpretation\ninvalidity/death insurance means invalidity/death insurance granted under this Subdivision;\npublic sector superannuation beneficiary means a person who is a member of, or has received a benefit under, a public sector superannuation scheme (but does not include a person who has received a benefit under a public sector superannuation scheme solely by virtue of being the spouse of a member of such a scheme);\npublic sector superannuation scheme means—\n\t(a)\ta scheme of superannuation established under the Act or under another Act; or\n\t(b)\tSuper SA Select; or\n\t(c)\tanother scheme of superannuation established for the benefit of employees of an agency or instrumentality of the Crown.\nSubdivision 2—Post retirement investment\n45—Post retirement investment\n\t(1)\tThe Board may offer to accept money from public sector superannuation beneficiaries or the spouses of public sector superannuation beneficiaries for investment with the Superannuation Funds Management Corporation of South Australia.\n\t(2)\tThe Board may, in relation to a particular type of investment, offer to accept money only from public sector superannuation beneficiaries, or the spouses of public sector superannuation beneficiaries, who have received a benefit under a public sector superannuation scheme.\n\t(3)\tAn offer will be on terms and conditions determined by the Board following consultation with the Corporation about matters relevant to the terms and conditions for which the Corporation is responsible under the Superannuation Funds Management Corporation of South Australia Act 1995.\n\t(4)\tMoney accepted by the Board under subregulation (1)—\n\t(a)\twill be held in a fund established by the Board for the purposes of this regulation (the assets of which do not belong to the Crown); and\n\t(b)\twill, subject to the terms and conditions of the offer referred to in subregulation (3), be invested by the Corporation in a manner determined by it; and\n\t(c)\tmay, if a public sector superannuation beneficiary so requests, be invested for the benefit of the spouse of the beneficiary.\n\t(5)\tThe Corporation may enter into transactions affecting that money—\n\t(a)\tfor the purposes of investment; or\n\t(b)\tfor purposes incidental, ancillary or otherwise related to investment.\n\t(6)\tMoney that may be invested by public sector superannuation beneficiaries or their spouses under this regulation is not limited to money received by the investor from a public sector superannuation scheme.\n\t(7)\tThe Board may deduct an administrative charge, to be fixed by the Board, from money accepted under subregulation (1).\n\t(8)\tThe Board must, in respect of each financial year—\n\t(a)\tkeep proper accounts of receipts and payments in relation to money accepted by it under this regulation; and\n\t(b)\tprepare financial statements in relation to those receipts and payments.\nSubdivision 3—Post retirement insurance\n46—Post retirement invalidity and death insurance\n\t(1)\tSubject to this Subdivision, the Board may provide—\n\t(a)\tinvalidity/death insurance to public sector superannuation beneficiaries; and\n\t(b)\tdeath insurance to public sector superannuation beneficiaries and the spouses of public sector superannuation beneficiaries.\n\t(2)\tInvalidity/death insurance and death insurance provided to a public sector superannuation beneficiary or the spouse of a public sector superannuation beneficiary is subject to terms and conditions set out in regulation 47.\n\t(3)\tA public sector superannuation beneficiary may apply for invalidity/death insurance in the form of standard insurance cover or fixed benefit insurance cover (both within the meaning of regulation 34), and the amount of invalidity/death insurance benefits, and the amount of premiums in respect of those benefits, are the amounts fixed by or under regulation 34.\n\t(4)\tThe Board may allow a rebate of the premium payable under this Subdivision in respect of invalidity/death insurance cover.\n\t(5)\tA public sector superannuation beneficiary or the spouse of a public sector superannuation beneficiary may apply for death insurance in the form of standard insurance cover or fixed benefit insurance cover (both within the meaning of regulation 42), and the amount of death insurance benefits, and the amount of premiums in respect of those benefits, are the amounts fixed by or under regulation 42.\n\t(6)\tHowever, a public sector superannuation beneficiary or the spouse of a public sector superannuation beneficiary may not, at any 1 time, take out both standard insurance cover and fixed benefit insurance cover (whether under subregulation (3) or (5)).\n47—Terms and conditions\n\t(1)\tA public sector superannuation beneficiary may be provided with invalidity/death insurance or death insurance if, and only if, the beneficiary—\n\t(a)\tis under the age of 70 years; and\n\t(b)\thas an investment of money with the Superannuation Funds Management Corporation of South Australia under regulation 45.\n\t(2)\tThe spouse of a public sector superannuation beneficiary may be provided with death insurance if, and only if, the spouse—\n\t(a)\tis under the age of 70 years; and\n\t(b)\thas an investment of money with the Superannuation Funds Management Corporation of South Australia under regulation 45.\n\t(3)\tPremiums will be debited against the insured's investment account.\n\t(4)\tIf the debiting of a premium under subregulation (3) would result in a debit balance in the account—\n\t(a)\tthe premium will be debited against the account to the extent of the credit balance in the account; and\n\t(b)\tthe insurance is cancelled on the expiration of the designated period unless, before the end of that period, the insured's investment account is sufficiently in credit for the purposes of this subregulation.\n\t(5)\tFor the purposes of subregulation (4)—\n\t(a)\tthe designated period is a period commencing on the day on which debiting of a premium would, if it were to occur, first result in a debit balance in an insured's investment account and ending on a day determined by the Board; and\n\t(b)\tan investment account is sufficiently in credit if there are sufficient funds in the account to satisfy any arrears in premiums between the day that the debiting of a premium would have first resulted in a debit balance in the account and the end of the designated period.\n\t(6)\tInsurance ceases on payment to the insured of the insured's investment under regulation 45.\n\t(7)\tDeath insurance cover provided to the spouse of a public sector superannuation beneficiary is not affected by payment to the public sector superannuation beneficiary of the beneficiary's investment under regulation 45.\n\t(8)\tThe following provisions apply to a public sector superannuation beneficiary who has, within 60 days of ceasing to be engaged in employment to which the Act applies, invested money with the Superannuation Funds Management Corporation of South Australia under regulation 45 and made application to the Board for the continuation of the beneficiary's invalidity/death insurance:\n\t(a)\tthe beneficiary is, on making the application, covered, and taken to have been covered since ceasing to be engaged in employment to which the Act applies, by the invalidity/death insurance that applied to the beneficiary at the time of that cessation, subject to the same terms, conditions and restrictions;\n\t(b)\tregulation 49—\n\t(i)\tdoes not apply to an application under paragraph (a); but\n\t(ii)\tapplies to any application by the beneficiary to increase the level of the beneficiary's invalidity/death insurance cover.\n\t(9)\tThe following provisions apply to the spouse of a public sector superannuation beneficiary who has, within 60 days of becoming entitled to a benefit under regulation 63, invested money with the Superannuation Funds Management Corporation of South Australia under regulation 45 and made application to the Board for the continuation of the spouse's death insurance:\n\t(a)\tthe spouse is, on making the application, covered, and taken to have been covered since becoming entitled to a benefit under regulation 63, by the death insurance that applied to the spouse at the time the entitlement arose, subject to the same terms, conditions and restrictions;\n\t(b)\tregulation 49—\n\t(i)\tdoes not apply to an application under paragraph (a); but\n\t(ii)\tapplies to any application by the spouse to increase the level of the spouse's death insurance cover.\n\t(10)\tAn insurance benefit will be payable on account of invalidity if the Board is satisfied that the insured—\n\t(a)\tis suffering from ill health (whether physical or mental) that makes it unlikely that the insured will at any future time engage in gainful employment for which the insured is reasonably qualified by education, training or experience or for which the insured could be expected to become reasonably qualified following appropriate training or rehabilitation; and\n\t(b)\tis receiving treatment from a medical practitioner in respect of the ill health and is following the advice of the practitioner.\n\t(11)\tHowever, an insured is not entitled to payment of a benefit on account of invalidity—\n\t(a)\tif—\n\t(i)\tthe insured ceased to be engaged in employment to which the Act applies as a condition of a voluntary separation package; and\n\t(ii)\tthe insured's incapacity for work was known to the insured at the time of ceasing to be engaged in that employment; and\n\t(b)\tunless the insured has engaged in employment for an average of 9 or more hours per week in any 6 month period in the 2 year period prior to making a claim in respect of the invalidity.\n\t(12)\tAn invalidity insurance benefit will also be payable if the Board is satisfied that the insured is suffering from a terminal illness.\n\t(13)\tDeath benefits payable in respect of a deceased insured will be paid as follows:\n\t(a)\tif the deceased has a legal personal representative—the benefits will be paid to the representative;\n\t(b)\tif the deceased does not have a legal personal representative but is survived by a spouse—the benefits will be paid to the spouse;\n\t(c)\tif the deceased does not have a legal personal representative and is not survived by a spouse—the benefits will be paid to the deceased's estate.\n\t(14)\tIf an insured takes the insured's own life—\n\t(a)\twithin 1 year after the commencement of the insured's insurance under this regulation; or\n\t(b)\twithin 1 year after the commencement of, or increase in the level of, insurance,\n\t(c)\tif death occurs within 1 year after the commencement of the insurance—death insurance benefits are not payable;\n\t(d)\tif death occurs within 1 year after an increase in the level of insurance—death insurance benefits are not payable in respect of the increased insurance.\n\t(15)\tSubregulation (14) does not apply to—\n\t(a)\ta beneficiary who becomes insured under this regulation by virtue of subregulation (8)(a); or\n\t(b)\ta spouse who becomes insured under this regulation by virtue of subregulation (9)(a).\n\t(16)\tHowever, if a beneficiary referred to in subregulation (15)(a) takes the beneficiary's own life—\n\t(a)\twithin 1 year after the commencement of the beneficiary's membership of the scheme; or\n\t(b)\twithin 1 year after the commencement of, or increase in the level of, additional invalidity/death insurance that was held by the beneficiary as a member of the scheme,\n\t(c)\tif death occurs within 1 year after the commencement of membership of the scheme or commencement of additional invalidity/death insurance—death insurance benefits are not payable;\n\t(d)\tif death occurs within 1 year after an increase in the level of additional invalidity/death insurance—death insurance benefits are not payable in respect of the increased insurance.\n\t(17)\tThe aggregate value of units of cover provided to a person under regulation 46 and any other provision of the Act or these regulations must not exceed $1 500 000.\n\t(18)\tIn this regulation—\nvoluntary separation package means an agreement between a member and the member's employer pursuant to which the member resigns from employment, but does not include an agreement pursuant to which a member resigns from employment in connection with an agreement for the redemption of a liability to make weekly payments or provide compensation for medical expenses under the Return to Work Act 2014 or under an industrial agreement or award applying to the member.\n","sortOrder":13},{"sectionNumber":"Div 5","sectionType":"division","heading":"General","content":"Division 5—General\n49—Application for insurance\n\t(1)\tAn application for invalidity/death or death insurance under this Part, including an application to increase the level of the applicant's insurance, must be in the approved form and must specify the invalidity or death insurance that the applicant is applying for.\n\t(2)\tAn applicant must provide the Board with the following information as to the state of the applicant's health:\n\t(a)\tinformation relating to medical advice, examination or treatment received by the applicant;\n\t(b)\tinformation as to any other treatment received by the applicant for any illness, condition or disability suffered by the applicant;\n\t(c)\tinformation as to any illness, condition or disability suffered by the applicant or any symptoms suffered by the applicant that may indicate an illness, condition or disability;\n\t(d)\tinformation as to any drugs or other substances (whether legal or illegal and whether medicinal or not) taken by the applicant or to which the applicant has been exposed,\nand the Board may require an applicant to provide satisfactory evidence of the state of the applicant's health.\n\t(3)\tThe cost of any medical examination to which an applicant is required to submit for the purposes of subregulation (2) is to be borne by the applicant.\n\t(4)\tIf it appears to the Board—\n\t(a)\tthat an applicant's state of health is such as to create a risk of invalidity or premature death; or\n\t(b)\tthat an applicant has in the past engaged in a prescribed activity that increases the risk of invalidity or premature death; or\n\t(c)\tthat an applicant is likely in the future to engage in an activity of a kind referred to in paragraph (b),\nthe Board may refuse the application or grant the application on authorised conditions.\n\t(4a)\tConsideration of an application to which subregulation (4) applies may, if the Board thinks fit, be deferred for a reasonable period.\n\t(5)\tA condition on which an application has been granted (whether under the repealed Act or these regulations) may be varied or removed by the Board if the Board considers it appropriate to do so following consideration of medical evidence provided by the applicant (but a condition may not be removed unless the Board is satisfied that none of the circumstances specified in subregulation (4)(a), (b) or (c) apply in relation to the applicant).\n\t(6)\tSubject to subregulation (7), if it appears to the Board that an applicant withheld information required in relation to his or her application under this regulation, the Board may withhold or reduce insurance benefits that the applicant would otherwise have been entitled to.\n\t(a)\tit appears to the Board that an applicant withheld information required in relation to his or her application under this regulation; and\n\t(b)\tthe withheld information relates to an illness, condition or disability suffered by the applicant that caused or is connected with the applicant's invalidity or death,\nthe Board must withhold insurance benefits that the applicant or another person would otherwise have been entitled to in respect of that invalidity or death.\n\t(8)\tIn this regulation—\nauthorised condition, in relation to invalidity/death insurance or death insurance in respect of a person, means—\n\t(a)\ta condition providing that insurance is not payable if the person's invalidity or death is caused wholly or partly by—\n\t(i)\ta pre‑existing illness, condition or disability; or\n\t(ii)\tan illness, condition or disability arising out of a pre‑existing illness, condition or disability; or\n\t(iii)\ta prescribed activity; or\n\t(b)\ta condition that insurance cover is to be provided only in respect of incapacity or death arising from—\n\t(i)\taccidental causes; or\n\t(ii)\tan illness or condition that is not related to or associated with a medical condition of a kind specified by the Board;\nprescribed activity means the smoking, chewing or sucking of a tobacco product or any other activity involving the consumption of a tobacco product;\ntobacco product means—\n\t(a)\ta cigarette; or\n\t(b)\ta cigar; or\n\t(c)\tcigarette or pipe tobacco; or\n\t(d)\ttobacco prepared for chewing or sucking; or\n\t(e)\tsnuff.\n50—Application to decrease level of insurance\nAn application to decrease the level of the applicant's insurance must be in the approved form.\n51—Financial statements\nPursuant to section 15(2) of the Act, financial statements prepared by the Board as required by that section must set out the aggregate of the amounts debited against contribution accounts and spouse accounts in respect of premiums for insurance.\n","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Superannuation benefits","content":"Part 4—Superannuation benefits\n52—Interpretation\nco‑contribution component in relation to a member means the amount standing to the credit of the member's co‑contribution account;\nemployee component in relation to a member means the amount standing to the credit of the member's employee contribution account;\nemployer component in relation to a member means the amount standing to the credit of the member's employer contribution account;\nrollover component in relation to a member means the amount standing to the credit of the member's rollover account.\nSubdivision 2—Members (other than PSS 3 members)\n52A—Application of Subdivision\nThis Subdivision does not apply in relation to the benefits to which a PSS 3 member is entitled under regulation 13A(2) in connection with an election under section 36 of the Parliamentary Superannuation Act 1974 to take out voluntary invalidity/death insurance.\n53A—Early access to superannuation benefits in case of severe financial hardship or on compassionate grounds\n\t(1)\tA member may apply to the Board for the early release of an amount of the member's benefit—\n\t(a)\tif the member is in severe financial hardship; or\n\t(b)\ton a compassionate ground.\n\t(2)\tThe Board may require that an application under subregulation (1) be made in such manner, comply with such requirements and be on such terms and conditions as the Board thinks fit.\n\t(3)\tThe Board must, on receipt of an application under subregulation (1), determine whether, in the Board's opinion, if the SIS regulations applied, the member would be taken for the purposes of those regulations—\n\t(a)\tto be in severe financial hardship; or\n\t(b)\tto satisfy a condition of release on a compassionate ground.\n\t(4)\tIf the Board makes a determination that subregulation (3)(a) or (b) applies to the member, the Board must—\n\t(a)\tdetermine the maximum amount that the SIS regulations would permit to be paid to the member in those circumstances; and\n\t(b)\tif the Board considers it appropriate to do so in all the circumstances, pay to the member—\n\t(i)\tthe amount applied for by the member; or\n\t(ii)\tthe amount determined by the Board under paragraph (a); or\n\t(iii)\tthe combined balance of the member's eligible contribution accounts (subject to any minimum account balance required by the Board),\nwhichever is the lesser.\n\t(5)\tIf the Board makes a payment to a member under subregulation (4)(b), the Board must debit the amount of the payment against the member's employee contribution account or, if the credit balance of the member's employee contribution account is not sufficient to make the payment, the member's employer contribution account, rollover account or co‑contribution account.\n\t(6)\tA member making an application under subregulation (1) must furnish the Board with any information that it requires for the purposes of making a determination under this regulation.\ncompassionate ground and condition of release have the same respective meanings as in Part 6 of the SIS regulations;\neligible contribution accounts of a member means—\n\t(a)\tthe member's employee contribution account; and\n\t(b)\tthe member's employer contribution account; and\n\t(c)\tthe member's rollover account; and\n\t(d)\tthe member's co‑contribution account;\nsevere financial hardship has the same meaning as in Part 6 of the SIS regulations;\nSIS regulations means the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth.\n54—Retirement\n\t(1)\tA member who retires from employment is entitled to—\n\t(a)\tpayment of the employee component and the employer component; and\n\t(b)\tpayment of—\n\t(i)\tthe rollover component (if any); and\n\t(ii)\tthe co‑contribution component (if any),\nto the extent that payment of the component can be made in accordance with the SIS Act.\n\t(2)\tA rollover component, or the part of a rollover component, or a co‑contribution component, that cannot be paid in accordance with the SIS Act must be preserved and regulation 55(7) and (8) apply to and in relation to it.\n\t(3)\tFor the purposes of this regulation, a member retires from employment if—\n\t(a)\tthe member has reached the retirement age; and\n\t(b)\tthe member's employment terminates or is terminated for any reason (except the member's death).\n55—Resignation\n\t(1)\tIf a member resigns from employment before reaching the retirement age the member may elect—\n\t(a)\tto take immediately the employee component; or\n\t(b)\tto preserve the employee component; or\n\t(c)\tto carry the employee component over to some other superannuation fund or scheme approved by the Board; or\n\t(d)\t—\n\t(i)\tto take immediately part of the employee component; and\n\t(ii)\tto carry the part of the employee component that has not been taken over to some other superannuation fund or scheme approved by the Board.\n\t(2)\tIf a member resigns from employment before reaching the retirement age the member may elect—\n\t(a)\tif the balance of the member's employer contribution account is less than $200—to take immediately the employer component; or\n\t(b)\tto preserve the employer component; or\n\t(c)\tto carry the employer component over to some other superannuation fund or scheme approved by the Board.\n\t(3)\tIf a member resigns from employment before reaching the retirement age the member may elect—\n\t(a)\tto take immediately the rollover component (if any) to the extent that payment of that component can be made in accordance with the SIS Act; or\n\t(b)\tto preserve the rollover component; or\n\t(c)\tto carry the rollover component over to some other superannuation fund or scheme approved by the Board.\n\t(4)\tIf a member resigns from employment before reaching the retirement age, the member may elect—\n\t(a)\tto take immediately the co‑contribution component (if any) to the extent that payment of the component can be made in accordance with the SIS Act; or\n\t(b)\tto preserve the co‑contribution component; or\n\t(c)\tto carry the co‑contribution component over to some other superannuation fund or scheme approved by the Board.\n\t(5)\tA member who fails to inform the Board in writing of his or her election under subregulation (1), (2), (3) or (4) within 3 months after resignation will be taken to have elected to preserve the employee, employer, rollover or co‑contribution component, as the case requires.\n\t(6)\tIf the Board is of the opinion that the limitation period referred to in subregulation (5) would unfairly prejudice a member, the Board may extend the period as it applies to the member.\n\t(7)\tIf the member elects to preserve the employee, employer, rollover or co‑contribution component, the following provisions apply subject to subregulation (8):\n\t(a)\tthe member may at any time after reaching 55 years of age require the Board to authorise payment of the component and, if no such requirement has been made on or before the date on which the member reaches 65 years of age, the Board will authorise payment of the component to the member;\n\t(b)\tif the Board is satisfied that—\n\t(i)\tthe member—\n\t(A)\tis suffering from ill health (whether physical or mental) that makes it unlikely that the member will at any future time engage in gainful employment for which the member is reasonably qualified by education, training or experience or for which the member could be expected to become reasonably qualified following appropriate training or rehabilitation; and\n\t(B)\tis receiving treatment from a medical practitioner in respect of the ill health and is following the advice of the practitioner; or\n\t(ii)\tthat the member is suffering from a terminal illness,\nthe Board will authorise payment of the component to the member;\n\t(c)\tif the member dies, the component will be paid—\n\t(i)\tif the member has a legal personal representative—to the representative; and\n\t(ii)\tif the member does not have a legal personal representative but is survived by a spouse—to the spouse; and\n\t(iii)\tif the member does not have a legal personal representative and is not survived by a spouse—to the member's estate,\n(and a payment under any of the above paragraphs excludes further rights so that a claim cannot be subsequently made under some other paragraph).\n\t(8)\tSubregulation (7) applies to a rollover component or a co‑contribution component subject to restrictions imposed by the SIS Act.\n\t(9)\tA member who has elected, or has been taken to have elected, to preserve his or her employee component, employer component, rollover component or co‑contribution component and to whom the component has not been paid under subregulation (7), may elect to withdraw that election and to elect to carry the component over to some other superannuation fund or scheme approved by the Board.\n\t(10)\tIf 2 or more components have been preserved, a member cannot make an election under subregulation (9) unless the member elects to carry both or all of the components over.\n\t(11)\tIf the member elects to carry over the employee, employer, rollover or co‑contribution component to an approved superannuation fund or scheme, the following provisions apply:\n\t(a)\tthe member must satisfy the Board by such evidence as it may require that he or she has been admitted to membership of the fund or scheme;\n\t(b)\ton being so satisfied the Board will authorise payment of the component on behalf of the member to the fund or scheme.\n\t(12)\tIf a member has resigned from employment and has elected to preserve the employee, employer, rollover or co‑contribution component but has subsequently been re‑employed in employment by virtue of which he or she becomes a member of the scheme, the Board may maintain separate contribution accounts or rollover accounts or co‑contribution accounts or a combined contribution account or rollover account or co‑contribution account in the name of the member.\n\t(13)\tFor the purposes of this regulation, and subject to any other provision of the Act or these regulations, a member who has not reached the retirement age will be taken to resign if the member's employment terminates or is terminated for any reason except invalidity (in circumstances entitling the member to benefits under the Act or these regulations), retrenchment or death.\n\t(14)\tThis regulation operates subject to regulation 56.\n56—Benefits payable to overseas residents\nIf a member who has resigned from employment before reaching the retirement age satisfies the Board that he or she—\n\t(a)\twas the holder of an eligible temporary resident visa (within the meaning of Part 6 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth) that has expired or been cancelled; and\n\t(b)\tis residing out of Australia and will continue to do so on a permanent basis,\nthe member may elect to take immediately the balances of any 1 or more of his or her accounts (including any amount that has been preserved under regulation 55).\n56A—Rollover of certain components\nIf contributions are no longer being paid into an account maintained by the Board in the name of a person—\n\t(a)\twho is a member of the scheme solely by virtue of being—\n\t(i)\ta member of a Board or Committee that is an agency or instrumentality of the Crown; or\n\t(ii)\temployed under a contract under which he or she is entitled to determine where the superannuation contributions payable by the employer in relation to him or her under the Commonwealth Act are to be made; or\n\t(iii)\temployed by a participating employer,\nthe person may elect to carry the amount standing to the credit of the account over to some other superannuation fund or scheme approved by the Board.\n57—Retrenchment\n\t(1)\tSubject to subregulation (2), if a member's employment is terminated by retrenchment the member is entitled to—\n\t(a)\tpayment of the employee component and the employer component; and\n\t(b)\tpayment of—\n\t(i)\tthe rollover component (if any); and\n\t(ii)\tthe co‑contribution component (if any),\nto the extent that the payment can be made in accordance with the SIS Act.\n\t(2)\tThe member may elect to preserve his or her employee, employer, rollover or co‑contribution component or to carry it over to some other superannuation fund or scheme and in the event of such an election the provisions of regulation 55 will apply as if the member had resigned from employment.\n58—Invalidity or terminal illness\n\t(a)\ta member's employment terminates on account of invalidity before the member reaches the age of 70 years; or\n\t(b)\tthe Board is satisfied that—\n\t(i)\ta member whose employment has not terminated is suffering from a terminal illness; or\n\t(ii)\ta member whose employment has terminated is suffering from a terminal illness that existed, or that is attributable to a medical condition that existed, while the member was employed,\nthe member is entitled to benefits made up of the following components:\n\t(c)\tthe employee component;\n\t(d)\tthe employer component;\n\t(e)\tthe rollover component (if any);\n\t(f)\tthe co‑contribution component (if any);\n\t(g)\tsubject to this regulation and regulation 49(6) and (7)—the default invalidity insurance benefit and the additional invalidity insurance benefit (if any).\n\t(2)\tThe default and additional invalidity insurance benefits are not payable to a member entitled to benefits under subregulation (1)(a) if—\n\t(a)\tthe Board is not satisfied that, on the day on which the member's employment terminated, the member—\n\t(i)\twas suffering from ill health (whether physical or mental) that made it unlikely that the member would at any future time engage in gainful employment for which the member was reasonably qualified by education, training or experience or for which the member could have been expected to become reasonably qualified following appropriate training or rehabilitation; and\n\t(ii)\twas receiving treatment from a medical practitioner in respect of the ill health and was following the advice of the practitioner; or\n\t(b)\tthe Board is satisfied that the member has refused or failed to submit to reasonable medical treatment that, in the opinion of at least 2 medical practitioners providing advice or care to the member in relation to the medical condition to which the member's incapacity is attributable, would be likely to contribute to the member being able to carry out, to a substantial extent (whether on a full‑time or part‑time basis), the duties of his or her employment or some other employment for which the member is suitably qualified (whether by experience, training, or both) within 2 years of the commencement of the incapacity.\n\t(7)\tThe default and additional invalidity insurance benefits are not payable—\n\t(a)\tto a member who terminates his or her employment in connection with the acceptance of a voluntary separation package; or\n\t(b)\tto a member entitled to benefits under subregulation (1)(a) whose employment is terminated after he or she has been engaged in work in respect of employment to which the Act applies for a period that does not exceed 6 months on account of invalidity attributable to a medical condition existing before the commencement of his or her membership of the scheme; or\n\t(c)\tto a member entitled to benefits under subregulation (1)(b) in respect of a terminal illness attributable to a medical condition existing before the commencement of his or her membership of the scheme, unless (subject to paragraphs (ca), (d) and (e)) the member has been engaged in work in respect of employment to which the Act applies for a period that exceeds 6 months; or\n\t(ca)\tto a member in relation to whom regulation 9(1)(a) has ceased to apply if—\n\t(i)\tthe member became entitled to default invalidity insurance on regulation 9(1)(a) ceasing to apply; and\n\t(ii)\tthe invalidity or terminal illness is attributable to a medical condition existing before the day on which that cessation occurred,\nunless the member has, after regulation 9(1)(a) has ceased to apply, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; or\n\t(d)\tto a member entitled to benefits under subregulation (1)(a) or (b) who is a member of the scheme by virtue of an election under regulation 10 in respect of invalidity or a terminal illness attributable to a medical condition existing before the commencement of his or her membership of the scheme, unless the member has been a member of the scheme for a period that exceeds 24 months; or\n\t(e)\tto a member entitled to benefits under subregulation (1)(a) or (b) who is a contributor within the meaning of the Superannuation Act 1988 to whom regulation 11 applies in respect of invalidity or a terminal illness attributable to a medical condition existing before regulation 11 first applied to the member, unless regulation 11 has applied to the member for a period that exceeds 24 months.\n\t(8)\tIf—\n\t(a)\ta member entitled to benefits under subregulation (1)(a) was, immediately before termination of his or her employment, a police officer; and\n\t(b)\tthe member's incapacity resulted from injuries received in the course of duty,\nthe member is entitled to benefits under subregulation (1) or to payment of an amount calculated as follows, whichever is the greater:\n\nWhere—\nA is the amount\nS is—\n\t(a)\tif the member—\n\t(i)\theld the rank of senior sergeant or a lower rank immediately before termination of his or her employment; and\n\t(ii)\twas at any time during his or her membership of South Australia Police rostered to work on day, afternoon and night shifts, or on any 2 of those shifts, on a rotating basis; and\n\t(iii)\twas not, immediately before termination of his or her employment, employed on a permanent basis on special duties at a salary level greater than that payable to a senior sergeant,\nthe member's actual or attributed salary as defined by the Police Superannuation Act 1990 (expressed as an annual amount) increased by 10%;\n\t(b)\tin any other case—the member's actual or attributed salary as defined by the Police Superannuation Act 1990 (expressed as an annual amount).\n\t(9)\tWhen determining for the purposes of subregulation (8) whether a member is entitled to benefits under subregulation (1) or to a payment under subregulation (8)—\n\t(a)\tthe rollover component (if any) and the co‑contribution component (if any) will be disregarded (the member is entitled to payment of the rollover component and the co‑contribution component in addition to a payment under subregulation (8)); and\n\t(b)\tif the member is a Super SA Select member—the member will be taken to be entitled to benefits under subregulation (1) equal in value to the total amount of—\n\t(i)\tthe employee component (if any); and\n\t(ii)\tthe employer component (if any); and\n\t(iii)\tany default invalidity insurance benefit and additional invalidity insurance benefit to which the member is entitled under that subregulation; and\n\t(iv)\tthe component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions (including any amount rolled over to Super SA Select from the Triple S scheme that is attributable to employee contributions or employer contributions); and\n\t(c)\tif an amount standing to the credit of the member's employer contribution account or employee contribution account has been transferred to another complying fund under section 21B of the Act or taken as a cash withdrawal under regulation 59A, that amount will nevertheless be taken, for the purposes of determining benefits payable under subregulation (1), to have accumulated in the account as if the transfer or withdrawal had not been made; and\n\t(d)\tin the case of a Super SA Select member—if an amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions has been transferred to another complying fund, or an amount has been paid to the member in cash prior to the termination of their employment, that amount will nevertheless be taken, for the purposes of paragraph (b)(iv), to have accumulated in the account as if the transfer or payment had not been made.\n\t(9aa)\tIf a member is entitled to a payment under subregulation (8), and—\n\t(a)\tan amount standing to the credit of the member's employer contribution account or employee contribution account has been transferred to another complying fund under section 21B of the Act; or\n\t(b)\tthe member has taken an amount as a cash withdrawal under regulation 59A; or\n\t(c)\tif the member is a Super SA Select member—an amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions has been transferred to another complying fund,\nthe payment is to be reduced by the amount that would have accumulated in the relevant account if the transfer or withdrawal had not been made.\n\t(9a)\tIf a Super SA Select member is entitled to a payment under subregulation (8), the payment is to be reduced by the amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions (including any amount rolled over to Super SA Select from the Triple S scheme that is attributable to employee contributions or employer contributions).\n\t(10)\tSubregulation (8) does not apply to a police officer who is a member of the scheme by virtue only of regulation 9(5) or (7) (or both).\n\t(11)\tA member's employment will be taken to have terminated on account of invalidity if—\n\t(a)\t—\n\t(i)\tthe member's employer notifies the Board (before termination of employment) that the member's employment is to be terminated by the employer—\n\t(A)\ton the ground of the member's invalidity; or\n\t(B)\ton account of the unsatisfactory performance by the member of the member's duties (including the member's failure to meet performance standards) caused by the member's incapacity; and\n\t(ii)\tthe member's employment is subsequently terminated by the employer and notice of the termination has been given to the Board; or\n\t(b)\tthe member's employer terminates the employment—\n\t(i)\ton the ground of the member's invalidity; or\n\t(ii)\twhen the member is totally or partially incapacitated for work in the member's present position—\n\t(A)\tin circumstances that would, but for this subregulation, constitute retrenchment of the member; or\n\t(B)\ton account of the unsatisfactory performance by the member of the member's duties (including the member's failure to meet performance standards) caused by the member's incapacity; or\n\t(c)\t—\n\t(i)\tthe member's employer or the member satisfies the Board (before termination of employment) that the member is suffering from ill health (whether physical or mental) that prevents the member from engaging in gainful employment for which the member is reasonably qualified by education, training or experience; and\n\t(ii)\tthe member resigns from employment and notice of the resignation has been given to the Board; or\n\t(d)\t—\n\t(i)\tthe member's employment is terminated by the member for any reason that is caused by or is the direct result of the member's incapacity; and\n\t(ii)\tthe Board is satisfied that the member has, since the member's employment was terminated, and for a period of at least 6 months, suffered from ill health (whether physical or mental) that prevented the member from engaging in gainful employment for which the member is reasonably qualified by education, training or experience; or\n\t(e)\tan entitlement of the member to receive weekly payments of workers compensation under the Return to Work Act 2014 in respect of the incapacity to which the member's invalidity is attributable is redeemed under section 53 of that Act in connection with termination of the member's employment; or\n\t(f)\t—\n\t(i)\tthe member's employment pursuant to a fixed term contract is to be terminated due to the expiry of the contract; and\n\t(ii)\tthe Board is satisfied that the member suffers from ill health (whether physical or mental) that prevents the member from engaging in gainful employment for which the member is reasonably qualified by education, training or experience; and\n\t(iii)\tthe member's employment is subsequently terminated and notice of the termination has been given to the Board; or\n\t(g)\t—\n\t(i)\tthe member's employment pursuant to a fixed term contract has terminated due to the expiry of the contract; and\n\t(ii)\tthe Board is satisfied that the member has, since the member's employment was terminated, and for a period of at least 6 months, suffered from ill health (whether physical or mental), attributable to a medical condition existing before the expiry of the contract, that prevented the member from engaging in gainful employment for which the member was reasonably qualified by education, training or experience.\n\t(12)\tA member who claims to be entitled to benefits under this regulation, or a person acting on the member's behalf, must give written notice of the claim to the Board not more than 2 years after the termination of the member's employment.\n\t(13)\tNotice of a claim may be given, and considered by the Board, before a member's employment is terminated if the member reasonably believes that the member's employment is to be terminated in circumstances that will give rise to an entitlement to benefits under subregulation (11).\n\t(16a)\tThis regulation does not apply in relation to a public sector superannuation beneficiary (within the meaning of Part 3 Division 4) who has invalidity/death insurance cover by virtue of regulation 47(8)(a) (or regulation 48(7)(a) as in force immediately before the commencement of the Southern State Superannuation (Insurance) Variation Regulations 2017).\n\t(17)\tIn this regulation—\nvoluntary separation package means an agreement between a member and the member's employer pursuant to which the member resigns from employment, but does not include an agreement pursuant to which a member resigns from employment in connection with an agreement for the redemption of a liability to make weekly payments or provide compensation for medical expenses under the Return to Work Act 2014 or under an industrial agreement or award applying to the member.\n59—Death of member\n\t(1)\tIf a member's employment is terminated by the member's death—\n\t(a)\tif the deceased member has a legal personal representative—a payment will be made to the representative; and\n\t(b)\tif the deceased member does not have a legal personal representative but is survived by a spouse—a payment will be made to the spouse; and\n\t(c)\tif the deceased member does not have a legal personal representative and is not survived by a spouse—a payment will be made to the member's estate.\n\t(2)\tThe amount of the payment under subregulation (1)(a), (b) or (c) is the aggregate of the following amounts:\n\t(a)\tthe employee component;\n\t(b)\tthe employer component;\n\t(c)\tthe rollover component (if any);\n\t(d)\tthe co‑contribution component (if any);\n\t(e)\tsubject to this regulation, regulation 28(4) and regulation 49(6) and (7)—the default death insurance benefit and the additional death insurance benefit (if any).\n\t(3)\tHowever, a surviving spouse will not be entitled to a benefit under this regulation if regulation 69 applies to the spouse.\n\t(4)\tThe default and additional death insurance benefits are not payable in respect of—\n\t(a)\tthe death of a member that occurs within 6 months of the commencement of their membership of the scheme if the death is attributable to a medical condition existing before that commencement; or\n\t(b)\tthe death of a member in relation to whom regulation 9(1)(a) has ceased to apply if—\n\t(i)\tthe member became entitled to death insurance on regulation 9(1)(a) ceasing to apply; and\n\t(ii)\tthe death is attributable to a medical condition existing before the day on which regulation 9(1)(a) ceased to apply,\nunless the member has, after regulation 9(1)(a) has ceased to apply, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months.\n\t(5)\tSubject to subregulation (6), if a member takes his or her life—\n\t(a)\twithin 1 year after the commencement of his or her membership of the scheme; or\n\t(b)\twithin 1 year after the commencement of, or increase in the level of, additional invalidity/death insurance,\n\t(c)\tif death occurs within 1 year after the commencement of membership of the scheme or commencement of additional invalidity/death insurance—neither default nor additional death insurance benefits are payable;\n\t(d)\tif death occurs within 1 year after an increase in the level of additional invalidity/death insurance—additional death insurance benefits are not payable in respect of the increased insurance.\n\t(5a)\tIf a member becomes entitled to default invalidity/death insurance after—\n\t(a)\tregulation 9(1)(a) ceases to apply to the member; or\n\t(b)\tgiving a direction under section 21G of the Act; or\n\t(c)\tmaking a fund selection to Super SA Select under section 21C(5) of the Act; or\n\t(d)\tvarying a fund selection under section 21C(7) of the Act so as to select Super SA Select; or\n\t(e)\tthe member's employer contributions are redirected to the Triple S scheme by virtue of the operation of section 21F of the Act,\nsubregulation (5) applies to the member as if their membership of the scheme commences when the entitlement first arises.\n\t(6)\tSubregulation (5)(c) does not apply in relation to a member who was a member of the State Scheme or any other scheme of superannuation established for the benefit of the employees of an agency or instrumentality of the Crown immediately before becoming a member of the Triple S scheme if his or her death occurred on or after the first anniversary of the commencement of his or her membership of the State Scheme or other scheme.\n\t(a)\tthe member was, immediately before his or her death, a police officer; and\n\t(b)\tthe member died from injuries received in the course of duty,\nthe member's legal personal representative, spouse or estate (as the case may be) is entitled to benefits under subregulation (2) or to payment of an amount calculated as follows, whichever is the greater:\n\nWhere—\nA is the amount\nS is—\n\t(a)\tif the member—\n\t(i)\theld the rank of senior sergeant or a lower rank immediately before his or her death; and\n\t(ii)\twas at any time during his or her membership of South Australia Police rostered to work on day, afternoon and night shifts, or on any two of those shifts, on a rotating basis; and\n\t(iii)\twas not, immediately before his or her death, employed on a permanent basis on special duties at a salary level greater than that payable to a senior sergeant,\nthe member's actual or attributed salary as defined by the Police Superannuation Act 1990 (expressed as an annual amount) increased by 10%;\n\t(b)\tin any other case—the member's actual or attributed salary as defined by the Police Superannuation Act 1990 (expressed as an annual amount).\n\t(8)\tWhen determining for the purposes of subregulation (7) whether a member's legal personal representative, spouse or estate is entitled to benefits under subregulation (2) or to a payment under subregulation (7)—\n\t(a)\tthe rollover component (if any) and the co‑contribution component (if any) will be disregarded (the legal personal representative, spouse or estate is entitled to payment of the rollover component and the co‑contribution component in addition to a payment under subregulation (7)); and\n\t(b)\tif the member was a Super SA Select member—the member's legal personal representative, spouse or estate will be taken to be entitled to benefits under subregulation (2) equal in value to the total amount of—\n\t(i)\tthe employee component (if any); and\n\t(ii)\tthe employer component (if any); and\n\t(iii)\tany default death insurance benefit and additional death insurance benefit to which the legal personal representative, spouse or estate is entitled under that subregulation; and\n\t(iv)\tthe component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions (including any amount rolled over to Super SA Select from the Triple S scheme that is attributable to employee contributions or employer contributions); and\n\t(c)\tif an amount standing to the credit of the member's employer contribution account or employee contribution account has been transferred to another complying fund under section 21B of the Act, or taken as a cash withdrawal under regulation 59A, that amount will nevertheless be taken, for the purposes of determining benefits payable under subregulation (2), to have accumulated in the employee account or employer account as if the transfer or withdrawal had not been made; and\n\t(d)\tin the case of a Super SA Select member—if an amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions has been transferred to another complying fund, or an amount has been paid to the member in cash prior to the termination of their employment, that amount will nevertheless be taken, for the purposes of paragraph (b)(iv), to have accumulated in the account as if the transfer or payment had not been made.\n\t(8aa)\tIf the member's legal personal representative, spouse or estate (as the case may be) is entitled to a payment under subregulation (7), and—\n\t(a)\tan amount standing to the credit of the member's employer contribution account or employee contribution account has been transferred to another complying fund under section 21B of the Act; or\n\t(b)\tthe member has taken an amount as a cash withdrawal under regulation 59A; or\n\t(c)\tif the member is a Super SA Select member—an amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions has been transferred to another complying fund,\nthe payment is to be reduced by the amount that would have accumulated in the relevant account if the transfer or withdrawal had not occurred.\n\t(8a)\tIf the legal personal representative, spouse or estate of a member who was a Super SA Select member is entitled to a payment under subregulation (7), the payment is to be reduced by the amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions (including any amount rolled over to Super SA Select from the Triple S scheme that is attributable to employee contributions or employer contributions).\n\t(9)\tSubregulation (7) does not apply to a police officer who is a member of the scheme by virtue only of regulation 9(5) or (7) (or both).\n\t(10)\tIf a benefit is payable to the legal personal representative or estate of a deceased member and probate or letters of administration in relation to the deceased's estate have not been granted to any person, the Board may use the amount payable under this regulation, or such part of it as is required, to pay the funeral expenses of the deceased member or to reimburse a person who has paid those expenses.\n\t(11)\tIf—\n\t(a)\ta member's employment terminates or is terminated for any reason (except the member's death); and\n\t(b)\tthe member dies within 1 month after the termination of his or her employment,\nthe member's legal personal representative, spouse or estate is entitled to the default death insurance benefit and the additional death insurance benefit (if any) that the representative, spouse or estate would have been entitled to if the member's employment had been terminated by the member's death.\n59A—Special benefit for members aged 65 or over\n\t(1)\tA member who has reached the age of 65 years may apply to the Board for the payment of a specified proportion of the balance of the member's eligible contribution accounts.\n\t(2)\tThe Board may—\n\t(a)\trequire that an application under this regulation be made in such manner, and comply with such requirements, as the Board thinks fit; and\n\t(b)\tfix a maximum number of payments that may be made to a member under this regulation in a financial year; and\n\t(c)\tdetermine the eligible contribution account or accounts of a member from which a payment is to be made to the member under this regulation.\n\t(3)\tThe amount of a payment made to a member under this regulation may not be less than the applicable minimum withdrawal amount for the member.\n\t(4)\tThe combined balance of accounts maintained by the Board on behalf of a member to whom a payment has been made under this regulation must be equal to, or greater than, the applicable minimum balance amount for the member.\n\t(5)\tFor the purposes of subregulations (3) and (4), the applicable minimum withdrawal amount and the applicable minimum balance amount for a member are minimum amounts determined by the Board.\n\t(6)\tThe Board may, for the purposes of subregulation (5), determine that different minimum amounts apply to different members or classes of member.\n\t(7)\tThe making of a payment under this regulation must take into account the operation of any provision under Part 5.\n\t(8)\tAmounts standing to the credit of a member's eligible contribution accounts cannot be withdrawn under this regulation if—\n\t(a)\tthe member is prevented from dealing with their superannuation interests by an instrument in force under the Family Law Act 1975 of the Commonwealth; or\n\t(b)\tthe member has a liability that arose under the Act.\n\t(9)\tHowever, the Board may determine to permit a member to withdraw amounts standing to the credit of the member's eligible contribution accounts despite the member having a liability that arose under the Act if the Board is satisfied that the liability will be discharged in full.\n\t(10)\tFor the purposes of Schedule 1 clause 12(2) of the Act, if amounts standing to the credit of 1 or more of a member's eligible contribution accounts have been withdrawn under this regulation, the benefits to which the member would be entitled on retirement under these regulations are to be determined as if no such withdrawal had occurred.\n\t(11)\tIn this regulation—\neligible contribution accounts of a member means the member's—\n\t(a)\temployee contribution account; and\n\t(b)\temployer contribution account; and\n\t(c)\trollover account; and\n\t(d)\tco-contribution account.\n60—Commutation to pay deferred superannuation contributions surcharge\n\t(1)\tA member who is liable for a deferred superannuation contributions surcharge as a result of a benefit becoming payable to the member may apply to the Board, in accordance with this regulation—\n\t(a)\tto receive part of the benefit in the form of a commutable pension; and\n\t(b)\tto fully commute the pension.\n\t(2)\tA member who has become entitled to a benefit, or will shortly become entitled to a benefit, may—\n\t(a)\testimate the amount of the surcharge the member will become liable to pay (the estimated surcharge amount); and\n\t(b)\trequest the Board, in the approved form, to—\n\t(i)\twithhold from the member's benefit an amount equal to the estimated surcharge amount (the withheld amount); and\n\t(ii)\tpay the balance of the benefit to the member (being, in the case of a benefit to which the member is yet to become entitled, a payment after the entitlement arises),\nand the Board must, subject to subregulation (5), comply with the member's request.\n\t(3)\tIf a member has made a request under subregulation (2)(b), the member must, before the expiration of 2 months following the issue of a surcharge notice in respect of the member, advise the Board in the approved form that the notice has been issued and the Board must, within 7 days of receiving that advice—\n\t(i)\tif the amount of the surcharge payable by the member is less than the withheld amount—a portion of the withheld amount equal to the amount payable; or\n\t(b)\timmediately after converting the withheld amount, or a portion of the withheld amount, into a pension under paragraph (a)—commute the pension; and\n\t(c)\tpay to the member—\n\t(4)\tIf a member who has become entitled to a benefit but has not yet received a surcharge notice provides the Board with satisfactory evidence of the amount of the surcharge he or she will become liable to pay (the surcharge amount) and requests the Board, in the approved form, to apply, or facilitate the application of, an amount of the member's benefit in payment of the surcharge, the Board must, within 7 days of the request—\n\t(a)\tconvert into a pension an amount of the member's benefit that is equal to the surcharge amount; and\n\t(b)\timmediately after converting the amount into a pension under paragraph (a)—commute the pension; and\n\t(c)\tpay the lump sum resulting from the commutation to the member or the Commissioner of Taxation (at the option of the member); and\n\t(d)\tfollowing payment under paragraph (c)—reduce the member's remaining benefits by an amount equal to the surcharge amount.\n\t(5)\tThe Board may reject an application under subregulation (1) if—\n\t(a)\tit is not satisfied that, if the application were accepted, the resulting lump sum will be applied in payment of the surcharge; or\n\t(b)\tthe member fails to satisfy the Board that the member has, or will have, a surcharge liability to the Commissioner of Taxation.\n\t(6)\tThe factors to be applied in—\n\t(a)\tthe conversion of a withheld amount (or part of a withheld amount) into a pension; and\n\t(b)\tthe commutation of a pension,\nwill be determined by the Treasurer on the recommendation of an actuary.\n61—Commutation to pay deferred superannuation contributions surcharge following death\n\t(1)\tIf a member who is liable for a deferred superannuation contributions surcharge dies—\n\t(a)\thaving made a request of the Board under regulation 60 for part of his or her benefit to be withheld but before receiving a surcharge notice; or\n\t(b)\thaving received a surcharge notice but before requesting commutation of his or her pension under regulation 60,\nthe member's spouse or legal representative may, if he or she is entitled to be paid a benefit on the death of the member, before the expiration of the period of 2 months immediately following the member's death or the issue of the surcharge notice (whichever is the later), apply to the Board—\n\t(c)\tto receive the amount withheld by the Board on behalf of the deceased member under regulation 60 in the form of a commutable pension; and\n\t(d)\tto fully commute the pension.\n\t(2)\tThe Board must, on receipt of an application under subregulation (1)—\n\t(i)\tif the amount of the surcharge payable is less than the withheld amount—a portion of the withheld amount equal to the amount payable; or\n\t(b)\timmediately after converting the withheld amount, or a portion of the withheld amount, into a pension under paragraph (a)—commute the pension; and\n\t(c)\tpay to the spouse or representative—\n\t(3)\tIf a member dies without having made a request under regulation 60, the member's spouse or legal representative may, if he or she is entitled to be paid a benefit on the death of the prescribed member—\n\t(a)\testimate the amount of the surcharge the spouse or representative will become liable to pay (the estimated surcharge amount); and\n\t(b)\trequest the Board, in the approved form, to—\n\t(i)\twithhold from the benefit an amount equal to the estimated surcharge amount (the withheld amount); and\n\t(ii)\tpay the balance of the benefit to the spouse or representative,\nand the Board must, subject to subregulation (6), comply with the request.\n\t(4)\tAn application under subregulation (3) must be made in writing to the Board before payment of the benefit to the spouse or legal representative.\n\t(5)\tThe spouse or legal representative must, before the expiration of 2 months following the issue of a surcharge notice in respect of the member, advise the Board in the approved form that the notice has been issued and the Board must, within 7 days of receiving that advice—\n\t(i)\tif the amount of the surcharge payable is less than the withheld amount—a portion of the withheld amount equal to the amount payable; or\n\t(b)\timmediately after converting the withheld amount, or a portion of the withheld amount, into a pension under paragraph (a)—commute the pension; and\n\t(c)\tpay to the spouse or representative—\n\t(6)\tThe Board may reject an application under subregulation (1) or (3) if it is not satisfied that, if the application were accepted, the resulting lump sum will be applied in payment of the surcharge or be used to reimburse the deceased member's estate, or the spouse or other person who has paid the surcharge on behalf of the estate.\n\t(7)\tThe factors to be applied in—\n\t(a)\tthe conversion of a withheld amount (or part of a withheld amount) into a pension; and\n\t(b)\tthe commutation of a pension,\nwill be determined by the Treasurer on the recommendation of an actuary.\n\t(8)\tIn this regulation—\nlegal representative, in relation to a deceased member, means a person—\n\t(a)\tholding office as executor of the will of the deceased member where probate of the will has been granted or resealed in South Australia or any other State or a Territory; or\n\t(b)\tholding office in South Australia or any other State or a Territory as administrator of the estate of the deceased member.\n62—Withheld amount\nAn amount withheld under regulation 60 or 61—\n\t(a)\tmust be retained in the Fund; and\n\t(b)\twill be adjusted from time to time by the Board, in accordance with section 13 of the Act, to reflect investment earnings on the amount; and\n\t(c)\tmay be paid to the member (or the member's spouse or legal representative)—\n\t(i)\tin accordance with regulation 60 or 61; or\n\t(ii)\tat the direction of the Board if the Board—\n\t(A)\thas not, within 2 years of withholding the amount, received advice that a surcharge notice has been issued in respect of the member; or\n\t(B)\tconsiders, at any time, there is other good reason for doing so.\n62AA—Payment of certain taxes imposed by Commonwealth\n\t(1)\tFor the purposes of facilitating the payment of a tax imposed under the Income Tax Assessment Act 1997 of the Commonwealth, the Board may, pursuant to a release authority issued to the Board under the Taxation Administration Act 1953 of the Commonwealth in relation to a member, pay an amount on behalf of the member to the Commissioner of Taxation, or to the member, as required by and in accordance with, the requirements of the Taxation Administration Act 1953 of the Commonwealth.\n\t(2)\tIf the Board makes a payment to or on behalf of a member under subregulation (1), the Board must debit the amount of the payment against the member's employer contribution account or, if the credit balance of the member's employer contribution account is not sufficient to make the payment, the member's employee contribution account, rollover account or co‑contribution account.\n62AAB—Excess non-concessional contributions\n\t(1)\tIf a release authority is issued to the Board under the Taxation Administration Act 1953 of the Commonwealth in relation to a member's excess non-concessional contributions, the Board may pay to the member any amount the Board is required to pay pursuant to the authority.\n\t(2)\tIf a payment is made to a member under subregulation (1), the Board must debit the amount of the payment against the member's employee contribution account or, if the credit balance of the member's employee contribution account is not sufficient to make the payment, the member's employer contribution account, rollover account or co-contribution account.\n\t(3)\tIn this regulation—\nexcess non-concessional contributions has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth.\nSubdivision 3—PSS 3 members\n62A—Interpretation\n\t(1)\tA reference in this Subdivision to a PSS 3 member is a reference to a PSS 3 member who has made an election to take out voluntary invalidity/death insurance under section 36 of the Parliamentary Superannuation Act 1974 and is a member of the Triple S scheme.\n\t(2)\tA PSS 3 member will be taken to have retired for the purposes of this Subdivision if the member is taken to have retired (whether voluntarily or involuntarily) for the purposes of the Parliamentary Superannuation Act 1974.\n62B—Retirement of PSS 3 member at or above age 55\n\t(1)\tA PSS 3 member who—\n\t(a)\thas retired; and\n\t(b)\thas reached the age of 55 years,\nis entitled to payment of the employer component of benefits.\n\t(2)\tSubject to subregulation (3), a PSS 3 member who does not apply to the Board in writing for the payment of an entitlement under subregulation (1) within 3 months after retirement will be taken to have preserved the employer component and regulation 62D will apply to and in relation to it.\n\t(3)\tA PSS 3 member who has retired and reached the age of 65 years must immediately be paid the employer component.\n\t(4)\tThis regulation does not apply to or in relation to a case involving the death of a PSS 3 member (see regulation 62F) and does not derogate from the ability of a member to apply for a benefit under regulation 62E (rather than taking a benefit under this regulation).\n62C—Cessation of membership of PSS 3 member before age 55\n\t(1)\tSubject to this regulation, a PSS 3 member who retires before reaching the age of 55 years may elect—\n\t(a)\tto preserve the employer component; or\n\t(b)\tto carry the employer component over to another superannuation fund or scheme that is a complying superannuation fund (as a preserved employer component).\n\t(2)\tA PSS 3 member who does not inform the Board in writing of his or her election under subregulation (1) within 3 months after ceasing to be a member will be taken to have elected to preserve the employer component and regulation 62D will apply to and in relation to it.\n\t(3)\tIf the Board is of the opinion that the limitation period referred to in subregulation (2) would unfairly prejudice a member, the Board may extend the period that applies to the member.\n\t(4)\tA PSS 3 member who has elected, or has been taken to have elected, to preserve his or her employer component and to whom the component has not been paid under regulation 62D, may elect to withdraw the election and to elect to carry the component over to a complying superannuation fund.\n\t(5)\tIf a member elects to carry the employer component to a complying superannuation fund, the following provisions apply:\n\t(a)\tthe member must satisfy the Board by such evidence as it may require that he or she has been admitted to membership of the fund;\n\t(b)\ton being so satisfied the Board will authorise payment of the component on behalf of the member to the fund.\n\t(6)\tIf a PSS 3 member has ceased to be a member of the Parliament of the State and has elected to preserve the employer component but has subsequently again become a member of the Parliament, the Board may maintain separate employer contribution accounts in the name of the member.\n\t(7)\tThis regulation does not apply to or in relation to a case involving—\n\t(a)\ta cessation of membership on the ground of invalidity (in circumstances entitling the member to a benefit under regulation 62E); or\n\t(b)\tthe death of a PSS 3 member (see regulation 62F).\n62D—Preservation of components\nIf an employer component has been preserved under regulation 62B(2) or 62C, then the following provisions will apply:\n\t(a)\tthe Board must in relation to a component preserved under regulation 62C, not less than 6 months before the relevant member's 55th birthday (unless that period has already been reached), notify the relevant member in writing of his or her entitlement to require the Board to make a payment under paragraph (b);\n\t(b)\tthe relevant member may at any time after reaching 55 years of age require the Board to authorise payment of the component and, if no such requirement has been made on or before the date on which the member reaches 65 years of age, the Board will authorise payment of the component to the member;\n\t(c)\tif the relevant member—\n\t(i)\thas become incapacitated and satisfies the Board that the member—\n\t(A)\tis suffering from ill health (whether physical or mental) that makes it unlikely that the member will at any future time engage in gainful employment for which the member is reasonably qualified by education, training or experience or for which the member could be expected to become reasonably qualified following appropriate training or rehabilitation; and\n\t(B)\tis receiving treatment from a medical practitioner in respect of the ill health and is following the advice of the practitioner; or\n\t(ii)\tsatisfies the Board that he or she is suffering from a terminal illness,\nthe Board will authorise payment of the component to the member;\n\t(d)\tif the relevant member dies, the component will be paid—\n\t(i)\tif the member has a legal personal representative—to the representative; and\n\t(ii)\tif the member does not have a legal personal representative but is survived by a spouse—to the spouse; and\n\t(iii)\tif the member does not have a legal personal representative and is not survived by a spouse—to the member's estate,\n(and a payment under any of the above paragraphs excludes further rights so that a claim cannot be subsequently made under some other paragraph).\n62E—Invalidity\n\t(a)\ta PSS 3 member resigns from the Parliament of the State; and\n\t(b)\ta judge is satisfied, before the resignation occurs, that ill health prevents the member from being able to carry out the duties of office to a reasonable degree,\nthe member is entitled to benefits made up of the following components:\n\t(c)\tthe employer component;\n\t(d)\tsubject to this regulation and regulation 49(6) and (7)—the additional invalidity insurance benefit.\n\t(2)\tThe additional invalidity/death insurance benefits are not payable to a member entitled to benefits under subregulation (1) if—\n\t(a)\tthe Board is not satisfied that, on the day on which the member resigned, the member—\n\t(i)\twas suffering from ill health (whether physical or mental) that made it unlikely that the member would at any future time engage in gainful employment for which the member was reasonably qualified by education, training or experience or for which the member could be expected to become reasonably qualified following appropriate training or rehabilitation; and\n\t(ii)\twas receiving treatment from a medical practitioner in respect of the ill health and is following the advice of the practitioner; or\n\t(b)\tthe Board is satisfied that the member has refused or failed to submit to reasonable medical treatment that, in the opinion of at least 2 medical practitioners providing advice or care to the member in relation to the medical condition to which the member's incapacity is attributable, would be likely to contribute to the member being able to carry out, to a substantial extent (whether on a full‑time or part‑time basis), the duties of office or employment for which the member is suitably qualified (whether by experience, training, or both) within 2 years of the commencement of the incapacity.\n62F—Death of PSS 3 member\n\t(1)\tIf a PSS 3 member ceases to be a member of the Parliament of the State by reason of his or her death—\n\t(a)\tif the deceased member has a legal personal representative—a payment will be made to the representative; and\n\t(b)\tif the deceased member does not have a legal personal representative but is survived by a spouse—a payment will be made to the spouse; and\n\t(c)\tif the deceased member does not have a legal personal representative and is not survived by a spouse—a payment will be made to the member's estate.\n\t(2)\tA payment under subregulation (1)(a), (b) or (c) is to be made up of the following components:\n\t(a)\tthe employer component;\n\t(b)\tsubject to this regulation, the death insurance benefit (if any).\n\t(3)\tA surviving spouse will not be entitled to a benefit under this regulation if regulation 69 applies to the spouse.\n\t(4)\tIf a PSS 3 member takes his or her life—\n\t(a)\twithin 1 year after the commencement of his or her additional invalidity/death insurance—additional death insurance benefits are not payable; or\n\t(b)\twithin 1 year after an increase in the level of his or her additional invalidity/death insurance—additional death insurance benefits are not payable in respect of the increased insurance.\n\t(5)\tIf a benefit is payable to the legal personal representative or estate of a deceased PSS 3 member and probate or letters of administration in relation to the deceased's estate have not been granted to any person, the Board may use the amount payable under this regulation, or such part of it as is required, to pay the funeral expenses of the deceased member or to reimburse a person who has paid those expenses.\n\t(a)\ta PSS 3 member ceases to be a member of the Parliament of the State for any reason other than his or her death; and\n\t(b)\tthe member dies within 1 month after that cessation,\nthe member's legal personal representative, spouse or estate is entitled to the death insurance benefit (if any) that the representative, spouse or estate would have been entitled to if the member had ceased to be a member of Parliament by virtue of the member's death.\n63—Benefits for spouse members\n\t(1)\tSubject to this regulation, the following provisions apply in respect of an amount standing to the credit of a spouse member's spouse account:\n\t(a)\tthe whole of the amount may, at the option of the spouse member, be transferred to another complying fund;\n\t(aab)\tsubject to conditions determined by the Board, part of the amount may, at the option of the spouse member, be transferred to another complying fund;\n\t(ab)\tif the spouse member—\n\t(i)\tis the spouse of the relevant member; and\n\t(ii)\thas attained the age of 65 years,\npayment of the amount may be made to the spouse member or rolled over to some other fund or scheme approved by the Board;\n\t(b)\tif—\n\t(i)\tthe spouse member—\n\t(A)\thas reached the retirement age; and\n\t(B)\tis the spouse of the relevant member; and\n\t(ii)\tthe employment of the relevant member has terminated or the relevant member has taken the benefit of regulation 56A,\npayment of the amount may be made to the spouse member subject to restrictions (if any) imposed by the SIS Act;\n\t(c)\tif—\n\t(i)\tthe spouse member—\n\t(A)\thas not reached the retirement age; and\n\t(B)\tis the spouse of the relevant member; and\n\t(ii)\tthe employment of the relevant member has terminated or the relevant member has taken the benefit of regulation 56A,\nthe amount must be preserved;\n\t(d)\tif the spouse member—\n\t(i)\tis not the spouse of the relevant member; and\n\t(ii)\thas not reached the retirement age,\nthe amount must be preserved;\n\t(e)\tif the spouse member—\n\t(i)\tis not the spouse of the relevant member; and\n\t(ii)\thas reached the retirement age,\npayment of the amount may be made to the spouse member subject to restrictions (if any) imposed by the SIS Act.\nIf all amounts standing to the credit of a spouse member's accounts are paid to the spouse member, the spouse member's voluntary death insurance will be cancelled—see regulation 43(2).\n\t(2)\tIf an amount standing to the credit of a spouse member's spouse account is preserved under subregulation (1) or under section 21D(4) of the Act—\n\t(a)\tthe spouse member may elect to carry the amount over to some other fund or scheme approved by the Board; or\n\t(b)\tsubject to restrictions (if any) imposed by the SIS Act, the spouse member may at any time after reaching the retirement age require the Board to authorise payment of the amount and, if no such requirement has been made on or before the date on which the spouse member reaches 65 years of age, the Board will authorise payment of the amount to the spouse member.\n\t(3)\tIf the Board is satisfied that—\n\t(a)\ta spouse member—\n\t(i)\tis suffering from ill health (whether physical or mental) that makes it unlikely that the spouse member will at any future time engage in gainful employment for which the spouse member is reasonably qualified by education, training or experience or for which the spouse member could be expected to become reasonably qualified following appropriate training or rehabilitation; and\n\t(ii)\tis receiving treatment from a medical practitioner in respect of the ill health and is following the advice of the practitioner; or\n\t(b)\ta spouse member is suffering from a terminal illness,\nthe spouse member is entitled to benefits made up of the amount (if any) standing to the credit of each of the spouse member's spouse accounts.\n\t(4)\tIf a spouse member dies, the amount (if any) standing to the credit of each of the spouse member's spouse accounts, and the death insurance benefit (if any), will be paid to—\n\t(a)\tif the deceased spouse member has a legal personal representative—a payment will be made to the representative; and\n\t(b)\tif the deceased spouse member does not have a legal personal representative but is survived by a spouse—a payment will be made to the spouse; and\n\t(c)\tif the deceased spouse member does not have a legal personal representative and is not survived by a spouse—a payment will be made to the spouse member's estate.\n\t(5)\tHowever, a surviving spouse will not be entitled to a benefit under subregulation (4) if regulation 69 applies to the spouse.\n\t(5a)\tSubregulation (4), insofar as it provides for payment of the death insurance benefit, does not apply in relation to the spouse of a public sector superannuation beneficiary (within the meaning of Part 3 Division 4) who has death insurance cover by virtue of regulation 47(9).\n\t(6)\tA payment under subregulation (2), (3) or (4) excludes further rights so that a claim cannot subsequently be made under another of those subregulations.\ncomplying fund has the same meaning as in Part 3A of the Act;\nrelevant member, in relation to a spouse member, means the member who, by making a prescribed payment (within the meaning of Part 2 Division 2), or a contribution under regulation 23(1), for the benefit of the spouse member, caused the spouse member to become a spouse member of the scheme.\n63A—Early access to superannuation benefits in case of severe financial hardship or on compassionate grounds\n\t(1)\tA spouse member may apply to the Board for the early release of an amount of the spouse member's benefit—\n\t(a)\tif the spouse member is in severe financial hardship; or\n\t(b)\ton a compassionate ground.\n\t(2)\tThe Board may require that an application under subregulation (1) be made in such manner, comply with such requirements and be on such terms and conditions as the Board thinks fit.\n\t(3)\tThe Board must, on receipt of an application under subregulation (1), determine whether, in the Board's opinion, if the SIS regulations applied, the spouse member would be taken for the purposes of those regulations—\n\t(a)\tto be in severe financial hardship; or\n\t(b)\tto satisfy a condition of release on a compassionate ground.\n\t(4)\tIf the Board makes a determination that subregulation (3)(a) or (b) applies to the spouse member, the Board must—\n\t(a)\tdetermine the maximum amount that the SIS regulations would permit to be paid to the spouse member in those circumstances; and\n\t(b)\tif the Board considers it appropriate to do so in all the circumstances, pay to the spouse member—\n\t(i)\tthe amount applied for by the spouse member; or\n\t(ii)\tthe amount determined by the Board under paragraph (a); or\n\t(iii)\tthe combined balance of the spouse member's eligible contribution accounts (subject to any minimum account balance required by the Board),\nwhichever is the lesser.\n\t(5)\tIf the Board makes a payment to a spouse member under subregulation (4)(b), the Board must debit the amount of the payment against the spouse member's contribution account or, if the credit balance of the spouse member's contribution account is not sufficient to make the payment, the spouse member's rollover account or co‑contribution account.\n\t(6)\tA spouse member making an application under subregulation (1) must furnish the Board with any information that it requires for the purposes of making a determination under this regulation.\ncompassionate ground and condition of release have the same respective meanings as in Part 6 of the SIS regulations;\neligible contribution accounts of a spouse member means—\n\t(a)\tthe spouse member's contribution account; and\n\t(b)\tthe spouse member's rollover account; and\n\t(c)\tthe spouse member's co‑contribution account;\nsevere financial hardship has the same meaning as in Part 6 of the SIS regulations;\nSIS regulations means the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth.\n","sortOrder":15},{"sectionNumber":"Part 5","sectionType":"part","heading":"Family Law Act provisions","content":"Part 5—Family Law Act provisions\n64—Purpose of this Part\nPursuant to section 30(2) of the Act, the purpose of this Part is to facilitate the division under the Family Law Act 1975 of the Commonwealth of superannuation interests between spouses who have separated.\n65—Interpretation\nIn this Part, unless the contrary intention appears—\nCommonwealth regulations means the Family Law (Superannuation) Regulations 2001 (No. 303 as amended) of the Commonwealth;\neligible person, in relation to a superannuation interest of a member, has the same meaning as in section 90MZB of the Family Law Act 1975 of the Commonwealth;\nflag lifting agreement has the same meaning as in Part VIIIB of the Family Law Act 1975 of the Commonwealth;\nmember includes a spouse member;\nmember spouse has the same meaning as in Part VIIIB of the Family Law Act 1975 of the Commonwealth;\nnon‑member spouse has the same meaning as in Part VIIIB of the Family Law Act 1975 of the Commonwealth;\noperative time has the same meaning as in Part VIIIB of the Family Law Act 1975 of the Commonwealth;\npayment split has the same meaning as in Part VIIIB of the Family Law Act 1975 of the Commonwealth;\nsplitting instrument means—\n\t(a)\ta superannuation agreement; or\n\t(b)\ta flag lifting agreement that provides for a payment split; or\n\t(c)\ta splitting order;\nsplitting order has the same meaning as in Part VIIIB of the Family Law Act 1975 of the Commonwealth;\nsuperannuation agreement has the same meaning as in Part VIIIB of the Family Law Act 1975 of the Commonwealth.\n66—Non‑member spouse entitlement\n\t(1)\tThe Board must, on service of a splitting instrument, create an interest for the non‑member spouse named in the instrument in accordance with the provisions of the instrument, with effect from the operative time.\n\t(2)\tThe value of the non‑member spouse's interest will be determined by reference to the provisions of the instrument but in any event may not exceed the value of the member spouse's interest.\n67—Payment of lump sum\n\t(1)\tThe interest of a non‑member spouse under regulation 66 will, according to the election of the non‑member spouse—\n\t(a)\tbe paid out to the extent (if any) that payment can be made in accordance with the SIS Act; or\n\t(b)\tbe retained to the credit of the non‑member spouse in an account in the name of the non‑member spouse in the Fund; or\n\t(c)\tbe rolled over or transferred to some other superannuation fund or scheme approved by the Board.\n\t(2)\tThe Board must, if necessary, establish a member's contribution account so as to provide for the requirements of subregulation (1)(b).\n\t(3)\tThe Board must ensure that the money constituting the interest of the non‑member spouse continues to be invested in the class of investments, or the combination of classes of investments, that the money was invested in before the creation of the interest unless or until the non‑member spouse makes a nomination under section 14(1) of the Act for his or her accounts to be invested in a different class of investments or combination of classes of investments.\n\t(4)\tThe Board must take the action required under subregulation (1) within 28 days after receiving the relevant election.\n\t(5)\tHowever, if an election is not made by the non‑member spouse before the end of 28 days after the Board gives notice to the non‑member spouse, the Board must, subject to this regulation, transfer the interest to the credit of the non‑member spouse under subregulation (1)(b).\n\t(6)\tA notice under subregulation (5) must—\n\t(a)\tbe in writing; and\n\t(b)\tnotify the non‑member spouse that the interest may be retained in the Triple S scheme; and\n\t(c)\tadvise the non‑member spouse of—\n\t(i)\this or her option to make an election and the consequences of a failure to do so within 28 days; and\n\t(ii)\tthe value of his or her interest; and\n\t(iii)\tthe basis of any adjustments that have been, or will be, applied to the interest.\n\t(7)\tIf the interest of a non‑member spouse is transferred to the credit of the non‑member spouse in the Triple S scheme because an election has not been made, the Board must, within 14 days of the interest being rolled over—\n\t(a)\tadvise the non‑member spouse that his or her interest has been retained in the Triple S scheme; and\n\t(b)\tprovide the non‑member spouse with a membership identification number, a copy of the most recent annual report prepared in respect of the Triple S scheme and any other information that, according to a determination of the Board, may be of assistance to the non‑member spouse.\n68—Effect on member's entitlement\n\t(1)\tDespite the other provisions of the Act and these regulations, if a payment split is payable with respect to the superannuation interest of a member, there is a corresponding reduction in the entitlement of the member under the Act or these regulations.\n\t(2)\tA reduction in the entitlement of a member will be given effect on the basis that the member's contribution account, rollover account, and co‑contribution account (insofar as they exist) will be subject to a charge that takes effect by reducing the balance of each of those accounts at the operative time (insofar as a balance exists) by a percentage equal to the percentage that the non‑member spouse's share in the relevant superannuation interest bears to the total value of the contributor's accrued superannuation benefit at the operative time (subject to any relevant method or factor adopted or applied by the regulations and to the extent necessary to take into account the full value of the entitlement of the non‑member spouse).\n\t(3)\tA reduction in the entitlement of a member will not extend to any superannuation benefit that is not a splittable payment under Part VIIIB of the Family Law Act 1975 of the Commonwealth.\n\t(4)\tIf 2 or more reductions must be made with respect to an entitlement of a member because 2 or more splitting instruments have been served on the Board, the Board may determine to apply the reductions separately, or in aggregate.\n\t(5)\tIf a member has received a draw down benefit under regulation 53 (as in force immediately before it was revoked by the Southern State Superannuation (Fund Selection and Other Matters) Amendment Regulations 2022), the superannuation interest of the member will be taken to include the balance of any investment made by the Board on behalf of the member under subregulation (6) of that regulation.\n69—Lump sum not payable to spouse on death of member if split has occurred\nIf a member dies and is survived by a spouse who—\n\t(a)\thas received, is receiving or is entitled to receive a benefit under a splitting instrument; or\n\t(b)\tis, under the terms of a splitting instrument, not entitled to any amount arising out of the member's superannuation interest under the Act or these regulations (or any proportion of such an interest),\nthe spouse is not entitled to a benefit under the Act or these regulations in respect of the deceased member (except in accordance with the instrument) and will not be considered to be a spouse of the deceased member for the purposes of regulation 74 (if relevant).\n70—Board to comply with Commonwealth requirements\nThe Board must comply with the requirements imposed on the Board under Part VIIIB of the Family Law Act 1975 of the Commonwealth.\n71—Provision of information\nIn addition to any other information that may be provided by the Board in connection with this Part, the Board may, on application, provide to an eligible person a statement of the value of a superannuation interest of a member spouse, as at a particular date specified in the application.\n72—Payment from contribution account in name of non‑member spouse\nIf the interest of a spouse (or former spouse) is paid into a contribution account under regulation 67(1)(b), or is rolled over for payment into an account under the Act or these regulations or under the provisions of another Act or of regulations that correspond to this Part, the amount paid into the account will be taken to be a rollover component that may be paid out in accordance with regulation 55(7).\n73—Fees\n\t(1)\tThe Board may fix fees in respect of matters in relation to which fees may be charged under regulation 59 of the Commonwealth regulations.\n\t(2)\tAny fee under subregulation (1) that is payable by a member spouse or a non‑member spouse and has not been paid within 1 month of the amount becoming payable may be deducted by the Board—\n\t(a)\tif the outstanding fee is payable by a member spouse—\n\t(i)\tfrom the member spouse's contribution account; or\n\t(ii)\tfrom any benefit payable to the member spouse under the Act or these regulations; or\n\t(b)\tif the outstanding fee is payable by a non‑member spouse—\n\t(i)\tfrom any interest that is to be rolled over or transferred to a fund for the benefit of the non‑member spouse; or\n\t(ii)\tfrom any other benefit payable to the non‑member spouse under the Act or these regulations.\n","sortOrder":16},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"Part 6—Miscellaneous\n73A—Medical information for invalidity and terminal illness benefits\n\t(1)\tFor the purposes of assessing whether or not a person is suffering from a terminal illness, the Board may require the person to submit himself or herself for a medical examination by a medical practitioner nominated by the Board.\n\t(2)\tThe cost of—\n\t(a)\ta report obtained from a medical practitioner at the request of the Board for the purposes of determining whether a person is suffering from a terminal illness; or\n\t(b)\ta medical examination to which a person is required to submit under subregulation (1),\nis to be borne by the Board.\n\t(3)\tThe Board may require a person seeking benefits on account of invalidity, or a disability pension, to provide evidence of his or her incapacity and, for that purpose, may require the person to submit himself or herself for a medical examination by 1 or more medical practitioners nominated by the Board.\n\t(4)\tThe cost of any medical examination to which a member is required to submit for the purposes of subregulation (3) is to be borne by the Board.\n74—Division of benefit where deceased member or spouse member is survived by lawful and putative spouse\n\t(1)\tIf a deceased member or spouse member is survived by a lawful spouse and a putative spouse, any benefit to which a surviving spouse is entitled under the Act or these regulations will be divided between them in a ratio determined by reference to the relative length of the periods for which each of them cohabited with the deceased as his or her spouse.\n\t(2)\tIf a number of periods of cohabitation are to be aggregated for the purpose of determining an aggregate period of cohabitation for the purpose of subregulation (1), any separate period of cohabitation of less than 3 months will be disregarded.\n\t(3)\tA surviving spouse must, at the request of the Board, furnish it with any information that it requires for the purposes of making a division under subregulation (1).\n\t(4)\tA putative spouse is not entitled to any benefit under this regulation, unless the deceased member or spouse member and that spouse were putative spouses as at the date of the death of the member or spouse member.\n\t(5)\tIf—\n\t(a)\ta deceased member or spouse member is survived by a lawful and a putative spouse; and\n\t(b)\ta benefit is paid to 1 of them on the assumption that he or she is the sole surviving spouse of the deceased,\nthe other spouse has no claim on the benefit insofar as it has been already paid unless that spouse gave the Board notice of his or her claim before the date of payment.\n75—Payment in case of death\n\t(1)\tSubject to subregulation (2), if a person to whom a payment is to be made under the Act or these regulations dies, the Board may, in its discretion, make the payment to—\n\t(a)\tthe personal representative of the deceased; or\n\t(b)\tthe spouse of the deceased; or\n\t(c)\tthe children of the deceased.\n\t(2)\tThe Board may use the amount payable, or such part of it as is required, to pay the funeral expenses of the person who has died or to reimburse a person who has paid those expenses.\n76—Liabilities may be set off against benefits\n\t(1)\tA liability of a member or spouse member arising under the Act or these regulations (including a liability of a kind referred to in section 21B(5)(c) or 21D(2)(b) of the Act) may be set off against a payment that is to be made to, on behalf of, or in respect of the member or spouse member under the Act or these regulations.\n\t(2)\tAn amount overpaid to a person under the Act or these regulations is a debt due to the Treasurer and constitutes a liability of the person for the purposes of subregulation (1).\n77—Annuities\n\t(1)\tThe Board may, with the Minister's approval, provide annuities on terms and conditions fixed by the Board.\n\t(2)\tThe Board can only undertake to provide an annuity to a person who is, or has been—\n\t(a)\ta member of the Triple S scheme or some other scheme of superannuation established by an Act; or\n\t(b)\ta member of some other scheme of superannuation established for the benefit of employees of an agency or instrumentality of the Crown.\n78—Information to be given to certain members\n\t(1)\tThe Board must provide members of the scheme (other than members who have made a fund selection) who do not contribute or who are not entitled to additional invalidity/death insurance with information as to the benefits of contributing or applying for additional invalidity/death insurance.\n\t(2)\tWhen a person becomes a member of the Triple S scheme by virtue of regulation 9(5), (5a), (5b) or (7), the Board must advise the person in writing of his or her membership of the scheme and provide the person with information as to the management and investment of his or her payments and the benefits to which he or she is entitled under the Act.\n79—Inactive low balance and lost member accounts\n\t(1)\tIf an amount of the Fund is attributable to a lost member account or an inactive low balance account of a member or spouse member, the Treasurer may, in accordance with any relevant law of the Commonwealth and subject to subregulation (2), pay an amount equal to the residual balance of the lost member account or inactive low balance account to the Commissioner of Taxation.\n\t(2)\tThe Board may determine that an amount of the Fund attributable to a lost member account or an inactive low balance account of a particular class or kind, or in respect of a particular member or class of member, that would be otherwise payable under subregulation (1), is not to be paid in accordance with that subregulation.\n\t(3)\tIf a payment is made under subregulation (1), the Treasurer must reimburse the Consolidated Account (or, if the payment was made from a special deposit account, that account) by charging the Fund with an amount equal to the residual balance of the lost member account or inactive low balance account (as the case requires).\n\t(4)\tThe Board must then close the inactive low balance or lost member accounts (as the case requires) maintained by the Board in the name of the member or spouse member, after which—\n\t(a)\tif the Board maintains no other accounts in the name of the member or spouse member—\n\t(i)\tthey will cease to be a member or spouse member; and\n\t(ii)\tany rights in relation to superannuation under the Act will be taken to have been exhausted and no derivative rights will exist in relation to the member or spouse member under the Act; or\n\t(b)\tin any other case—any rights in relation to superannuation in respect of an account to which this regulation applies will be taken to have been exhausted.\n\t(5)\tIn this regulation—\ninactive low balance account and lost member account have the same respective meanings as in the Superannuation (Unclaimed Money and Lost Members) Act 1999 of the Commonwealth.\n80—Voluntary payments by Board to Commissioner of Taxation\n\t(1)\tThe Treasurer may, on behalf of a member, spouse member or former member, pay an amount equal to the balance of an account maintained by the Board for the member, former member or spouse member to the Commissioner of Taxation if—\n\t(a)\tthe Board has determined that payment of the amount to the Commissioner is in the best interests of the member, spouse member or former member; and\n\t(b)\tthe payment is permitted under section 22 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 of the Commonwealth.\n\t(2)\tIf a payment is made under subregulation (1), the Treasurer must reimburse the Consolidated Account (or, if the payment was made from a special deposit account, that account) by charging the Fund with an amount equal to the amount of the payment.\n\t(3)\tThe Board must then close the account in respect of which the payment was made, after which—\n\t(a)\tif the Board maintains no other account in the name of the member, former member or spouse member—\n\t(i)\ttheir membership or spouse membership of the scheme will cease (if it hasn't already done so); and\n\t(ii)\tany rights in relation to superannuation under the Act will be taken to have been exhausted and no derivative rights will exist in relation to the member or spouse member under the Act; and\n\t(b)\tin any other case—any rights in relation to superannuation in respect of the account will be taken to have been exhausted.\n","sortOrder":17},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Invalidity/death insurance benefits","content":"Schedule 1—Invalidity/death insurance benefits\n\nStandard insurance cover\n$\nUp to 34\n72 000\n69 000\n66 000\n63 000\n60 000\n57 000\n54 000\n51 000\n48 000\n45 000\n42 000\n39 000\n36 000\n33 000\n30 000\n27 000\n24 000\n22 000\n20 000\n18 000\n16 000\n14 000\n12 500\n11 000\n10 000\n9 000\n8 000\n7 000\n6 000\n70 or over\n","sortOrder":18},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Death insurance benefits","content":"Schedule 2—Death insurance benefits\n\nStandard insurance cover\n$\nUp to 34\n72 000\n69 000\n66 000\n63 000\n60 000\n57 000\n54 000\n51 000\n48 000\n45 000\n42 000\n39 000\n36 000\n33 000\n30 000\n27 000\n24 000\n22 000\n20 000\n18 000\n16 000\n14 000\n12 500\n11 000\n10 000\n9 000\n8 000\n7 000\n6 000\n70 or over\n","sortOrder":19},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 3—Transitional provisions\nPart 1—Transitional provisions operating from commencement of these regulations\n2—Members previously entitled to future service benefit\n\t(1)\tSubject 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—\n\t(a)\twho 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\n\t(b)\tin 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,\nbut 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.\n\t(2)\tA 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.\n\t(3)\tA 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.\n\t(4)\tThe 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.\n\t(5)\tIf 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—\n\t(a)\tsubclause (1) does not operate in relation to the member; and\n\t(b)\tthe 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.\n3—Visiting medical officers\n\t(1)\tSubject 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).\n\t(2)\tThe insurance cover to which a transferred visiting medical officer is entitled under subclause (1)—\n\t(a)\twill 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\n\t(b)\twill, 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)—\n\t(i)\tbe available to the member despite the fact that he or she has attained the age of 60; and\n\t(ii)\tcontinue to be available to the member until he or she attains the age of 65; and\n\t(c)\twill 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.\n\t(3)\tIf 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.\n\t(4)\tA 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.\n\t(5)\tThis 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.\n\t(6)\tIn this clause—\nauthorised condition has the same meaning as in regulation 49;\ntransferred visiting medical officer means a visiting medical officer who, immediately before 1 July 2003, was a member of the VMO Fund;\nVMO Fund means the SAHC Visiting Medical Officers Superannuation Fund established by a trust deed dated 24 February 1983.\n4—Transitional arrangement for certain police members (Schedule 1 clause 12)\nFor 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:\n\nwhere—\nLS is the minimum benefit\nFS is the member's actual or attributed salary as defined by the Police Superannuation Act 1990 (expressed as an annual amount and determined on the basis that the member's actual or attributed salary is to be increased by 10% (rather than 11%) if section 4(6) of that Act applies)\nX is the number of months (if any) by which the member's age at retirement exceeds 50 years, with a maximum value of 60\nY is the number of months (if any) by which the member's age at retirement exceeds 55 years\nPn is—\n\t(a)\tin 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\n\t(b)\tin any other case—\n\nA is the lesser of the following:\n\n(a)\nunity;\n(b)\n\nM is the number of completed months between the day on which the member commenced service and the day of his or her retirement\nD is—\n\t(a)\tif the age of the member at retirement is less than 55—360;\n\t(b)\tif the age of the member at retirement is 55 or greater but less than 60—360 plus Y;\n\t(c)\tif the age of the member at retirement is 60 or greater—420\nPn8 is, for the period of the member's membership of the Police Superannuation Scheme—\n\t(a)\tin the case of a member who was employed on a full‑time basis throughout his or her membership of that Scheme—1; and\n\t(b)\tin 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\nM8 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\nPnTS is, for the period of the member's membership of the Triple S scheme—\n\t(a)\tin the case of a member who was employed on a full‑time basis throughout his or her membership of that scheme—1; and\n\t(b)\tin 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.\n5—Application for disability pension\nThe 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:\n\t(a)\tthe application will be taken to have been made under regulation 36;\n\t(b)\tif the application was made by a person who—\n\t(i)\twas not exempted from the ambit of section 33A of the repealed Act; but\n\t(ii)\tis exempted from the ambit of regulation 36 by virtue of being a casual member (within the meaning of regulation 37),\nthe 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.\n6—Restrictions on payment of disability pension for certain members\n\t(1)\tThis clause applies to a member (other than a prescribed member within the meaning of Part 3) who—\n\t(a)\twas 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\n\t(b)\twould, 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.\n\t(2)\tRegulation 36 will operate in relation to a member to whom this clause applies on and from, but not before, 31 October 2009.\n\t(3)\tHowever, 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).\n\t(4)\tAn election under subclause (3) will take effect from 31 October 2009.\n\t(5)\tA 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.\n\t(6)\tIn subclause (5)—\nrelevant period means the 2 year period commencing on the day on which the Act comes into operation.\n7—Continuation of disability pension for certain members\nRegulation 36(19) does not apply in relation to a disability pension if payment of the pension commenced before the commencement of these regulations.\n8—Post retirement investment\nFunds held under section 47B of the repealed Act will continue as funds held under regulation 45.\n9—Conditions of insurance\nIf 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).\nPart 2—Transitional provisions operating from commencement of Southern State Superannuation (Insurance) Variation Regulations 2017\nDivision 1—Interpretation\n10—Interpretation\nIn this Part—\nauthorised condition has the same meaning as in regulation 49;\ncommencement day means the day on which the Southern State Superannuation (Insurance) Variation Regulations 2017 come into operation.\n11—Application of Part\nThis Part applies to a member of the scheme who was a member immediately before the commencement day.\nDivision 2—Invalidity/death insurance\nSubdivision 1—General\n12—Application of Schedule\n\t(1)\tSchedules 1 and 2, as inserted by the Southern State Superannuation (Insurance) Variation Regulations 2017, apply on and from the commencement day for the purposes of determining the value of units of standard insurance cover (including in relation to insurance held before the commencement day).\n\t(2)\tThe premium payable in respect of those units of insurance cover is the applicable premium determined by the Board for the purposes of regulation 34 or 42 (as inserted by the Southern State Superannuation (Insurance) Variation Regulations 2017).\nSubdivision 2—Members\n13—Continuation of basic invalidity/death insurance held by members before commencement day\n\t(1)\tBasic invalidity/death insurance held by a member to whom this Part applies immediately before the commencement day will, subject to regulation 35, continue to be held by the member as default invalidity/death insurance.\n\t(2)\tSubject to regulation 35, default invalidity/death insurance held by a member to whom this Part applies will, on and from the commencement day, include additional units of insurance necessary to ensure that the default invalidity/death insurance held by the member is equivalent to 3 units of standard insurance cover.\n\t(3)\tHowever, if a member to whom this Part applies notifies the Board in the approved form, not more than 1 month after the commencement day (or within such longer period following the commencement day as the Board considers fair in a particular case), that the member does not wish to increase the level of the member's default invalidity/death insurance above the level of basic invalidity/death insurance held by the member immediately before the commencement day, the member ceases to be entitled to (and no premiums may be charged in respect of) additional units of default invalidity/death insurance as specified in subclause (2).\n\t(4)\tSubject to regulation 35—\n\t(a)\tif, immediately before the commencement day, a member to whom this Part applies (other than a prescribed member) holds 3 or more units of standard invalidity/death insurance, at least 3 of those units (which must be comprised of units that have been held by the member for the longest period) are to be held by the member, on and from the commencement day, without authorised conditions, regardless of the state of the member's health; and\n\t(b)\tif, immediately before the commencement day, a member to whom this Part applies (other than a prescribed member) holds 1 or 2 units of standard invalidity/death insurance or standard death insurance, those units are to be held by the member, on and from the commencement day, without authorised conditions, regardless of the state of the member's health; and\n\t(c)\tif, immediately before the commencement day, a prescribed member to whom this Part applies holds 6 or more units of standard invalidity/death insurance, at least 6 of those units are to be held by the member, on and from the commencement day, without authorised conditions, regardless of the state of the member's health.\n\t(5)\tSubclause (4) does not apply in relation to a member who is not entitled to default invalidity/death insurance under these regulations.\n\t(a)\ta member to whom this Part applies is, immediately before the commencement day, a permanent employee who was formerly employed in employment to which the Act applies on a casual basis; and\n\t(b)\tthe member's basic invalidity/death insurance was suspended under regulation 35 while the member was employed on that basis; and\n\t(c)\tthe member has not, since becoming a permanent employee, paid a premium in respect of invalidity/death insurance,\n\t(d)\tthe suspension of the member's insurance will be taken to have continued until immediately before the commencement day;\n\t(e)\tsubject to regulation 35 and paragraph (f), the member will, on and from the commencement day, hold default invalidity/death insurance equivalent to 3 units of standard insurance cover;\n\t(f)\tif the member notifies the Board in the approved form, not more than 1 month after the commencement day (or within such longer period following the commencement day as the Board considers fair in a particular case), that the member does not wish to hold the default invalidity/death insurance to which the member is entitled under paragraph (e), the member ceases to be entitled to (and no premiums may be charged in respect of) that insurance.\n\t(10)\tThis clause does not apply in relation to a member who holds fixed insurance cover immediately before the commencement day.\nSee clause 23.\n14—Continuation of voluntary invalidity/death insurance held by members before commencement day\nVoluntary invalidity/death insurance held by a member to whom this Part applies immediately before the commencement day will, subject to clause 13 and regulation 35, continue to be held by the member as additional invalidity/death insurance (and any authorised conditions that applied to the member's voluntary invalidity/death insurance immediately before the commencement day will continue to apply).\n15—Eligibility for invalidity benefits (members)\n\t(1)\tFor the purposes of determining whether a member to whom this Part applies is entitled to invalidity insurance benefits under regulation 58(1)(a) in respect of termination of the member's employment on account of invalidity where the termination occurred before the commencement day, the following is to be substituted for paragraph (a) of subregulation (2) of that regulation:\n\t(a)\tthe Board is not satisfied that, on the day on which the member's employment is terminated, the member's incapacity for all kinds of work was 60% or more of total incapacity and was likely to be permanent; or\n\t(2)\tSubregulations (11), (12), (12a) and (13) of regulation 58 as in force immediately before the commencement day continue to apply for the purposes of determining whether a member to whom this Part applies is entitled to invalidity insurance benefits under regulation 58(1)(a) in respect of termination of the member's employment on account of invalidity where the termination occurred before that day (and, accordingly, subregulation (11) of regulation 58 as inserted by the Southern State Superannuation (Insurance) Variation Regulations 2017 does not apply).\n\t(3)\tFor the purposes of determining whether a PSS 3 member is entitled to invalidity insurance benefits under regulation 62E(1)(d) in respect of resignation from the Parliament of the State on account of invalidity where the resignation occurred before the commencement day, the following is to be substituted for paragraph (a) of subregulation (2) of that regulation:\n\t(a)\tthe Board is not satisfied that, on the day on which the member resigned from the Parliament, the member's incapacity for all kinds of work was 60% or more of total incapacity and was likely to be permanent; or\n16—Application of earlier transitional provisions in relation to certain members\n\t(1)\tClause 2 of this Schedule will cease to apply to a member on and from the commencement day.\n\t(2)\tOn and from the commencement day, the insurance entitlements of a member to whom clause 2 of this Schedule applied immediately before the commencement day will be as set out in Part 3 of these regulations and the other provisions of this Schedule.\n17—Visiting medical officers\n\t(1)\tClause 3 of this Schedule will cease to apply to a transferred visiting medical officer (within the meaning of that clause) on and from the commencement day.\n\t(2)\tA transferred visiting medical officer to whom clause 3 applied is, on and from the commencement day, entitled, without being required to undergo a medical examination, to maintain the insurance cover that the officer enjoyed under clause 3 immediately before the commencement day.\n\t(3)\tAccordingly, the insurance entitlements of a transferred visiting medical officer will, on and from the commencement day, be as set out in Part 3 of these regulations and the other provisions of this Schedule, subject to the following:\n\t(a)\tif a transferred visiting medical officer held VMO standard insurance cover under clause 3 immediately before the commencement day, the officer will cease to hold that cover but will instead hold standard insurance cover of the same value as the cover held by the officer under clause 3;\n\t(b)\tif a transferred visiting medical officer held VMO fixed insurance cover under clause 3 immediately before the commencement day, the officer will cease to hold that cover but will instead hold fixed benefit insurance cover of the same value as the fixed insurance cover held by the officer under clause 3;\n\t(c)\tif, on the commencement day, a transferred visiting medical officer holds 3 or more units of standard invalidity/death insurance cover (or an amount of fixed benefit invalidity/death insurance cover that is equivalent to 3 or more units of standard invalidity/death insurance cover), 3 of those units (or an amount equivalent to 3 units of standard invalidity/death insurance cover) are to be held by the officer as default invalidity/death insurance (and, accordingly, no authorised conditions will apply to those units);\n\t(d)\tif, on the commencement day, a transferred visiting medical officer holds more than 3 units of standard invalidity/death insurance cover (or an amount of fixed benefit invalidity/death insurance cover that is equivalent to more than 3 units of standard invalidity/death insurance cover), those additional units are to be held by the officer as additional invalidity/death insurance;\n\t(e)\tif, on the commencement day, a transferred visiting medical officer would, but for this paragraph, hold only 1 or 2 units of standard invalidity/death insurance (or an amount of fixed benefit invalidity/death insurance that is equivalent to 1 or 2 units of standard invalidity/death insurance cover), the officer will, by virtue of the officer's entitlement to default invalidity/death insurance under regulation 28, in fact hold 3 units of standard invalidity/death insurance (or an equivalent amount of fixed benefit invalidity/death insurance as determined by the Board under regulation 34(3));\n\t(f)\tany authorised conditions that applied to the officer's insurance cover under clause 3 immediately before the commencement day will apply to the additional invalidity/death insurance (if any) held by the officer under Part 3.\n\t(4)\tSubject to subclause (3), the provisions of Part 3 apply in relation to the insurance entitlements of a transferred visiting medical officer.\n\t(5)\tIn this clause—\nVMO fixed insurance cover means fixed insurance cover provided to visiting medical officers (and not to other members) before the commencement day in accordance with clause 3;\nVMO standard insurance cover means standard insurance cover provided to visiting medical officers (and not to other members) before the commencement day in accordance with clause 3.\n18—Suspension of insurance to continue\n\t(1)\tSubject to subclause (2), if the insurance held by a member to whom this Part applies (other than a member referred to in clause 13(6)) is, immediately before the commencement day, suspended under regulation 35 (as in force immediately before that day), suspension of the insurance will continue on and from that day despite the revocation of that regulation.\n\t(2)\tThe following provisions apply in relation to insurance suspended under subclause (1):\n\t(a)\tthe member may, at any time, by notice in writing to the Board, reinstate the member's suspended insurance;\n\t(b)\twhen the insurance ceases to be suspended, the member is entitled (in accordance with regulation 28) to a minimum level of insurance equivalent in value to the member's default insurance cover entitlement;\n\t(c)\thowever, insurance benefits are only payable to or in respect of a member (other than a prescribed member) whose employment terminates on account of invalidity or death within 1 year after the member's insurance is reinstated if the invalidity or death is caused by accidental injury.\n\t(3)\tSubclause (2) applies even if the member has, on or after the commencement day, ceased to be employed on a casual basis because the member has become a permanent employee.\nSubdivision 3—Spouse members\n19—Application of Subdivision\nThis Subdivision applies to a spouse member of the scheme who was a spouse member immediately before the commencement day.\n20—Continuation of voluntary invalidity/death insurance held by spouse members before commencement day\nVoluntary death insurance held by a spouse member to whom this Subdivision applies immediately before the commencement day will, subject to Part 3 Division 3, continue to be held by the spouse member as death insurance under that Division (and any authorised conditions that applied to the member's voluntary death insurance immediately before the commencement day will continue to apply).\nSubdivision 4—Public sector superannuation beneficiaries and their spouses\n21—Application of Subdivision\nThis Subdivision applies to public sector beneficiaries, and the spouses of public sector beneficiaries, who held insurance under Part 3 Division 4 Subdivision 3 immediately before the commencement day.\n22—Eligibility for invalidity benefits\nIf the employment of a public sector superannuation beneficiary to whom this Subdivision applies who holds invalidity/death insurance under regulation 48 ceases before the commencement day, regulation 48(8) as in force immediately before the commencement day is to apply for the purposes of determining whether the public sector superannuation beneficiary is entitled to invalidity insurance benefits under that regulation.\nSubdivision 5—Fixed insurance cover\nNew units of fixed insurance cover have not been available since that class of insurance was closed on 13 November 2014.\n23—Continuation of fixed invalidity/death insurance cover held by members before commencement day\n\t(1)\tSubject to this clause, a member who holds fixed insurance cover immediately before the commencement day will continue to hold that insurance cover.\n\t(2)\tWhen a member who holds fixed insurance cover reaches the age of 65 years—\n\t(a)\tthe member's fixed insurance cover will cease; and\n\t(b)\tthe member will, if the member is entitled to default invalidity/death insurance under regulation 28, be issued with 3 units of standard invalidity/death insurance cover.\n\t(3)\tA member who has fixed insurance cover may not take out standard insurance cover or fixed benefit insurance cover and is not entitled to default invalidity/death insurance except as specified in subclause (2)(b).\n\t(4)\tHowever, the Board may grant an application for standard insurance cover or fixed benefit insurance cover made by a member who has fixed insurance cover if the standard insurance cover or fixed benefit insurance cover does not apply until after the fixed insurance cover has ceased (whether under subclause (2)(a) or (7)(a)).\n\t(5)\tFor the purposes of this clause, Table 1 of Subdivision 6 applies as follows:\n\t(a)\tthe value of a unit of cover is fixed at the amount designated in column 2;\n\t(b)\tthe amount of corresponding premium per unit of cover, as designated in column 3, is determined on the basis of the member's age at the time the insurance cover commences.\n\t(6)\tThe amount of fixed insurance cover held by a member may be reduced on application by the member to the Board in the approved form.\n\t(7)\tFixed insurance cover held by a member may, on application to the Board by the member in the approved form—\n\t(b)\tsubject to terms and conditions determined by the Board, be changed to standard insurance cover or fixed benefit insurance cover.\n\t(8)\tDespite subclauses (6) and (7), fixed insurance held by a prescribed member under the age of 65 years—\n\t(a)\tmay not be reduced below an amount equivalent in value to 6 units of standard insurance cover; but\n\t(b)\tmay cease if the fixed insurance is replaced, on application by the prescribed member, with standard insurance or fixed benefit insurance that is equivalent in value to 6 units of standard insurance cover (or more).\n\t(9)\tIn this clause—\nfixed insurance cover has the same meaning as in regulation 34 as in force immediately before the commencement day.\n24—Continuation of fixed death insurance cover in limited circumstances (spouse members)\n\t(1)\tSubject to this clause, a spouse member who holds fixed insurance cover immediately before the commencement day will continue to hold that insurance cover.\n\t(2)\tWhen a spouse member who holds fixed insurance cover reaches the age of 65 years, the spouse member's fixed insurance cover will cease (but the spouse member will be eligible to apply for standard or fixed benefit insurance cover).\n\t(3)\tA spouse member who has fixed insurance cover may not take out standard insurance cover or fixed benefit insurance cover.\n\t(4)\tHowever, the Board may grant an application for standard insurance cover or fixed benefit insurance cover made by a spouse member who has fixed insurance cover if the standard insurance cover or fixed benefit insurance cover does not apply until after the fixed insurance cover has ceased (whether under subclause (2) or (6)(a)).\n\t(5)\tFor the purposes of this clause, Table 2 of Subdivision 6 applies as follows:\n\t(a)\tthe value of a unit of cover is fixed at the amount designated in column 2;\n\t(b)\tthe amount of corresponding premium per unit of cover, as designated in column 3, is determined on the basis of the spouse member's age at the time the insurance cover commences.\n\t(6)\tFixed insurance cover held by a spouse member may, on application to the Board by the spouse member in the approved form—\n\t(b)\tsubject to terms and conditions determined by the Board, be changed to standard insurance cover or fixed benefit insurance cover.\nfixed insurance cover has the same meaning as in regulation 42 as in force immediately before the commencement day.\n25—Continuation of fixed invalidity/death insurance (public sector superannuation beneficiaries and their spouses)\n\t(1)\tSubject to this clause, a public sector superannuation beneficiary or the spouse of a beneficiary who holds fixed insurance cover immediately before the commencement day will continue to hold that insurance cover.\n\t(2)\tWhen a public sector superannuation beneficiary or the spouse of a beneficiary who holds fixed insurance cover reaches the age of 65, the fixed insurance cover will cease.\n\t(3)\tA public sector superannuation beneficiary or the spouse of a beneficiary who has fixed insurance cover may not take out standard insurance cover or fixed benefit insurance cover.\n\t(4)\tHowever, the Board may grant an application for standard insurance cover or fixed benefit insurance cover made by a public sector superannuation beneficiary or the spouse of a beneficiary who has fixed insurance cover if the standard insurance cover or fixed benefit insurance cover does not apply until after the fixed insurance cover has ceased (whether under subclause (2) or (6)(a)).\n\t(5)\tFor the purposes of this clause, Tables 1 and 2 of Subdivision 6 apply as follows for the purpose of determining the value of units of fixed insurance cover and the premiums payable in respect of those units:\n\t(a)\tthe value of a unit of cover is fixed at the amount designated in column 2 of the relevant table;\n\t(b)\tthe amount of corresponding premium per unit of cover, as designated in column 3 of the relevant table, is determined on the basis of the age of the beneficiary or spouse at the time the insurance cover commences.\n\t(6)\tFixed insurance cover held by a public sector superannuation beneficiary or the spouse of a beneficiary may, on application to the Board by the beneficiary or spouse in the approved form—\n\t(b)\tsubject to terms and conditions determined by the Board, be changed to standard insurance cover or fixed benefit insurance cover.\nfixed insurance cover has—\n\t(a)\tin relation to a public sector superannuation beneficiary—the same meaning as in regulation 34 as in force immediately before the commencement day; and\n\t(b)\tin relation to the spouse of a public sector superannuation beneficiary—the same meaning as in regulation 42 as in force immediately before the commencement day.\n","sortOrder":20},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Invalidity/death insurance benefits—fixed insurance cover (closed)","content":"Subdivision 6—Invalidity/death insurance benefits—fixed insurance cover (closed)\n\nTable 1—Invalidity/death insurance\n$\nCost/week\n$\n20 and under\n0.80\n0.85\n0.85\n0.90\n0.95\n1.00\n1.05\n1.10\n1.15\n1.20\n1.25\n1.30\n1.40\n1.50\n1.60\n1.70\n1.80\n2.00\n2.10\n2.30\n2.40\n2.60\n2.70\n2.90\n3.10\n3.30\n3.50\n3.70\n3.90\n4.10\n4.40\n4.70\n5.10\n5.50\n6.00\n6.50\n7.10\n7.70\n8.40\n9.20\n10.10\n11.00\n12.00\n13.00\n14.10\n65 or over\nnot applicable\n\nTable 2—Death insurance\n$\nCost/week\n$\n20 and under\n0.55\n0.55\n0.55\n0.55\n0.60\n0.60\n0.65\n0.70\n0.75\n0.80\n0.85\n0.90\n0.95\n1.00\n1.10\n1.10\n1.20\n1.30\n1.40\n1.50\n1.60\n1.70\n1.80\n1.90\n2.00\n2.00\n2.20\n2.40\n2.60\n2.80\n3.00\n3.00\n3.50\n3.50\n4.00\n4.50\n5.00\n5.50\n6.00\n6.50\n7.00\n7.50\n7.50\n8.00\n8.00\n65 or over\nnot applicable\nDivision 3—Income protection\n26—Members over 60 on commencement day\n\t(1)\tSubject to this clause, a member who has reached the age of 60 years before the commencement day is not entitled to a disability pension under regulation 36 unless the Board grants an application by the member for income protection cover.\n\t(2)\tRegulation 37A applies to an application under subclause (1).\n\t(3)\tIf a member who reached the age of 60 years not more than 30 days before the commencement day (or within such longer period before the commencement day as the Board considers fair in a particular case) applies for income protection under subclause (1), the Board may waive any 1 or more of the requirements of regulation 37A when determining the application and may grant the application without conditions regardless of the state of the member's health.\n\t(4)\tIf a member to whom subclause (3) applies was, before the commencement day, in receipt of a disability pension that ceased only because of the member having reached the age of 60 years, the disability pension received by the member under regulation 36 at the time that the member reached the age of 60 years will be taken into account for the purposes of regulation 36AAD(2) when determining the duration of any pension paid to the member in respect of the same incapacity after the commencement day.\n27—Contribution replacement benefit\nA contribution replacement benefit is not payable under regulation 36AAB in connection with a disability pension paid—\n\t(a)\tto a member who ceased to be engaged in employment to which the Act applies before the commencement day; or\n\t(b)\tin respect of incapacity that commenced before the commencement day.\n28—Waiting period\nRegulation 36AAC(1) to (3) apply for the purposes of determining the applicable waiting period for any disability pension payable in relation to an incapacity for work that commences on or after the commencement day.\n29—Eligibility for disability pension\n\t(1)\tRegulation 36 as in force on and from the commencement day applies for the purposes of determining a member's eligibility for a disability pension in respect of incapacity for work if the day on which the member is first incapacitated for work as a consequence of the disability occurs on or after the commencement day.\n\t(2)\tIf the day on which the member is first incapacitated for work as a consequence of the disability occurs before the commencement day, regulation 36(1) as in force immediately before that day applies for the purpose of determining the member's eligibility for a disability pension.\n30—Conditions of income protection to continue\nIf an application under regulation 37(4) of these regulations as in force before the commencement day was accepted by the Board subject to authorised conditions under regulation 37(8), those conditions continue to apply in relation to the member's entitlement to a disability pension on and from the commencement day.\n31—Notional salary and automatic acceptance limit\n\t(1)\tRegulation 36A(1) and (2) as in force immediately before the commencement day continue to apply in relation to a disability pension to which a member became entitled before that day (and, accordingly, regulation 36A(1) and (2) as inserted or varied by these regulations apply only in relation to a disability pension to which a member becomes entitled after the commencement day).\n\t(2)\tRegulation 36A(3) to (9) do not apply in relation to a member to whom this Part applies.\n\t(3)\tHowever, a member to whom this Part applies may, if the member's notional salary exceeds the automatic acceptance limit, by notice in writing in the approved form, elect to reduce the level of the member's income protection cover by having the member's notional salary fixed at the automatic acceptance limit.\n\t(4)\tIf a member makes an election under subclause (3)—\n\t(a)\tthe member's notional salary under regulation 36A will be taken to be fixed at the automatic acceptance limit; and\n\t(b)\tthe member's disability pension premium will accordingly be determined on the basis of the fixed amount.\n\t(5)\tA member who has made an election under subclause (3) may subsequently apply to the Board for an increase in the level of the member's income protection cover.\n\t(6)\tIf an application by a member under subclause (5) is approved by the Board—\n\t(a)\tthe member's notional salary will be determined under regulation 36A(1) or (2), as appropriate; and\n\t(b)\tregulation 36A(3) to (9) will not apply in relation to the member; and\n\t(c)\tthe member's disability pension premium will accordingly be determined on the basis of the member's notional salary.\n\t(7)\tRegulation 37A applies to an application under subclause (5).\n\t(8)\tIf an application under subclause (5) is granted subject to authorised conditions under regulation 37A—\n\t(a)\tany entitlement of the member to a disability pension based on a notional salary set at a level higher than the automatic acceptance limit will be subject to those conditions; and\n\t(b)\tthe member's entitlement to a disability pension will continue to be subject to any authorised conditions that applied before the application was granted; and\n\t(c)\tif the member has income protection cover under these regulations that the member was not required to apply for, the member will be entitled, without conditions, to a disability pension based on a notional salary fixed at the automatic acceptance limit (or, if there is a later reduction in the member's salary, at a lower level that corresponds to the member's notional salary as determined under regulation 36A(1) and (2)).\n\t(9)\tIn this regulation—\nautomatic acceptance limit has the same meaning as in regulation 36A.\n32—Maximum salary income protection cap\n\t(1)\tRegulation 36B, as in force on and from the commencement day, applies in relation to a member whether the member became a member of the scheme before or after that day.\n\t(2)\tHowever, if, immediately before the commencement day, the notional salary of a member to whom this Part applies exceeded the maximum salary income protection cap (within the meaning of regulation 36B)—\n\t(a)\tthe member's notional salary for the purposes of regulation 36A is to be fixed at the level of the member's salary immediately before the commencement day irrespective of any subsequent increase in the member's salary (but any subsequent reduction in the member's salary is to be taken into account in determining the member's notional salary); and\n\t(b)\tthe member's disability pension premium will accordingly be determined on the basis of the fixed amount.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Southern State Superannuation Regulations 2009 revoked the following:\nSouthern State Superannuation Regulations 1995\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\nGazette 23.7.2009 p3290\n1.8.2009:  r 2 \nGazette 18.11.2010 p5362\n18.11.2010: r 2\nGazette 23.6.2011 p2704\n1.7.2011: r 2\nGazette 12.7.2012 p3115\n12.7.2012: r 2\nGazette 20.12.2012 p6236\n31.12.2012: r 2\nGazette 19.12.2013 p5008\n19.12.2013: r 2\nGazette 7.8.2014 p3998\n7.8.2014: r 2\nGazette 13.11.2014 p6441\n13.11.2014: r 2\nGazette 27.8.2015 p4116\n27.8.2015: r 2\nGazette 11.2.2016 p462\n11.2.2016: r 2\nGazette 16.6.2016 p2112\n16.6.2016: r 2\nGazette 19.12.2017 p5189\n3.9.2018—date varied by 53/2018 r 4 (Gazette 3.5.2018 p1510): r 2\nGazette 30.8.2018 p3277\n3.9.2018 immediately after 349/2017: r 2\nGazette 21.5.2020 p2455\n21.9.2020: r 2\nGazette 3.2.2022 p194\n1.4.2022 except Pt 3 & Sch 1 (cl 3)—30.11.2022: r 2\nGazette 2.11.2023 p3654\n30.11.2023: r 2\nGazette 13.11.2025 p4456\n13.11.2025: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\nr 3\n\nr 3(1)\n\nadditional invalidity/death insurance\ninserted by 349/2017 r 4(1)\nadditional invalidity/death insurance benefits\ninserted by 349/2017 r 4(1)\nbasic invalidity/death insurance\ndeleted by 349/2017 r 4(2)\nbasic invalidity/death insurance benefits\ndeleted by 349/2017 r 4(2)\ndefault invalidity/death insurance\ninserted by 349/2017 r 4(3)\ndefault invalidity/death insurance benefits\ninserted by 349/2017 r 4(3)\ngainful employment\ninserted by 349/2017 r 4(4)\ninvalidity/death insurance benefits\nvaried by 349/2017 r 4(5)\nlegal personal representative\ninserted by 50/2016 r 4(1)\nmedical practitioner\ninserted by 227/2010 r 4(1)\nnotional salary\ndeleted by 271/2012 r 4(1)\npolice disability pension\ninserted by 175/2012 r 4\nPSS 3\ninserted by 161/2011 r 4\nPSS 3 member\ninserted by 161/2011 r 4\nretirement age\nsubstituted by 7/2022 r 18(1)\nretrenchment\nvaried by 349/2017 r 4(6)\nSuper SA Select\ninserted by 271/2012 r 4(2)\nSuper SA Select member\ninserted by 271/2012 r 4(2)\nterminal illness\ninserted by 227/2010 r 4(2)\n\nvaried by 204/2015 r 4\ntransitional member\ninserted by 7/2022 r 18(2)\nvoluntary invalidity/death insurance\ndeleted by 349/2017 r 4(7)\nvoluntary invalidity/death insurance benefits\ndeleted by 349/2017 r 4(7)\nr 3(4)\ninserted by 50/2016 r 4(2)\nr 4\nvaried by 175/2012 r 5\nr 6\n\nr 6(1)\nsubstituted by 7/2022 r 19(1)\nr 6(2)\namended by 7/2022 r 19(2), (3)\nr 6(3)\namended by 7/2022 r 19(4)\nr 6(4)\nvaried by 349/2017 r 5(1), (2)\n\namended by 7/2022 r 19(5)—(7)\nr 6(6)\ndeleted by 7/2022 r 4\nr 6(7)\nsubstituted by 349/2017 r 5(3)\n\nsubstituted by 7/2022 r 19(8)\nr 6(8) and (9)\ninserted by 7/2022 r 19(8)\nr 7\n\nr 7(1)\namended by 7/2022 r 20(1), (2)\nr 7(2)\namended by 7/2022 r 20(3)\nPt 2\n\nr 9\n\nr 9(1)\n(b), (c), (d) deleted by 207/2018 r 4\nr 9(1a)\ninserted by 7/2022 r 21\nr 9(2)\namended by 7/2022 r 5\nr 9(5a)\ninserted by 161/2011 r 5\nr 9(5b)\ninserted by 175/2012 r 6(1)\nr 9(8)\nvaried by 175/2012 r 6(2)\nr 9(9)\ninserted by 175/2012 r 6(3)\nr 12\n\nr 12(4)\nvaried by 349/2017 r 6\nr 12(5)\n\nprescribed person\nvaried by 292/2013 r 4\n\nvaried by 14/2016 r 4\n11.2.2016\nr 13\n\nr 13(3)\nvaried by 175/2012 r 7\n\nvaried by 349/2017 r 7\nr 13A\ninserted by 161/2011 r 6\nr 13A(2)\nvaried by 349/2017 r 8\nr 13B\ninserted by 271/2012 r 5\nr 13B(1) and (2)\nsubstituted by 7/2022 r 22(1)\nr 13B(2a)\ninserted by 7/2022 r 22(1)\nr 13B(3)\nvaried by 349/2017 r 9(1), (2)\n\nsubstituted by 7/2022 r 22(2)\nr 13B(4)\ninserted by 7/2022 r 22(2)\nr 14\n\nr 14(1)\namended by 7/2022 r 6(1), (2)\nr 14(3)\nvaried by 271/2012 r 6(1)\nr 14(3a)\ninserted by 271/2012 r 6(2)\nr 14(8)\ninserted by 7/2022 r 23\nr 15\n\nr 15(1)\nr 15 varied by 161/2011 r 7\n\nr 15 varied by 175/2012 r 8\n\nr 15 redesignated as r 15(1) by 271/2012 r 7\nr 15(2)\ninserted by 271/2012 r 7\n\ndeleted by 7/2022 r 24\nr 16\n\nr 16(1a)\ninserted by 271/2012 r 8(1)\nr 16(2)\nvaried by 161/2011 r 8(1)\n\nvaried by 271/2012 r 8(2)\n\nvaried by 349/2017 r 10(1)\nr 16(3)\nvaried by 161/2011 r 8(2)\n\nvaried by 349/2017 r 10(2), (3)\n\namended by 7/2022 r 25(1)\nr 16(3a) and (3b)\ninserted by 7/2022 r 25(2)\nr 16(6a)\ninserted by 119/2025 r 3\nr 16(7)\nsubstituted by 7/2022 r 7(1)\nr 16(8)\ndeleted by 7/2022 r 25(3)\nr 16(9a)\ninserted by 7/2022 r 7(2)\nr 16(11)\nsubstituted by 7/2022 r 7(3)\nr 17\n\nr 17(2)\nvaried by 161/2011 r 9\n\nvaried by 175/2012 r 9\nr 17(2a)\ninserted by 271/2012 r 9\n\ndeleted by 7/2022 r 26\nr 18\n\nr 18(1)\nr 18 amended and redesignated as r 18(1) by 7/2022 r 27(1), (2)\n\namended by 107/2023 r 3(1)\nr 18(2)\ninserted by 7/2022 r 27(2)\nr 18(3) and (4)\ninserted by 107/2023 r 3(2)\nr 21\n\ndeath insurance\ninserted by 349/2017 r 11(1)\ndeath insurance benefits\ninserted by 349/2017 r 11(1)\nvoluntary death insurance\ndeleted by 349/2017 r 11(2)\nvoluntary death insurance benefits\ndeleted by 349/2017 r 11(2)\nr 24\n\nr 24(6)\nsubstituted by 7/2022 r 8(1)\nr 24(7)\namended by 7/2022 r 8(2), (3)\nr 24(7a)\ninserted by 7/2022 r 8(4)\nr 25\n\nr 25(2)\nvaried by 349/2017 r 12(1), (2)\nPt 2A\ninserted by 7/2022 r 28\nPt 3\n\nPt 3 Div 1\n\nr 26\nvaried by 267/2014 r 4\nPt 3 Div 2\n\nPt 3 Div 2 Subdiv 1 before substitution by 349/2017\n\nr 28\n\nr 28(2)\nvaried by 161/2011 r 10\n\nvaried by 175/2012 r 10\nPt 3 Div 2 Subdiv 1\nsubstituted by 349/2017 r 13\nr 28\n\nr 28(2)\namended by 7/2022 r 9\nPt 3 Div 2 Subdiv 2\n\nvaried by 349/2017 r 14\nr 29\n\nfixed benefit insurance cover\ninserted by 349/2017 r 15\nfixed insurance cover\ndeleted by 349/2017 r 15\nr 30\n\nr 30(1)\nvaried by 349/2017 r 16(1), (2)\nr 30(1a)\ninserted by 161/2011 r 11\n\nvaried by 349/2017 r 16(3)\nr 30(2)\nvaried by 349/2017 r 16(4)\nr 30(3)\nsubstituted by 349/2017 r 16(5)\nr 30(4)\nvaried by 175/2012 r 11\n\nvaried by 349/2017 r 16(6)\nr 30(4a)\ninserted by 7/2022 r 11\nr 30(5)\nvaried by 349/2017 r 16(7)\nr 30(6)\nvaried by 349/2017 r 16(8)\nr 31\nvaried by 267/2014 r 5\n\nsubstituted by 349/2017 r 17\nr 32\ndeleted by 349/2017 r 17\nr 33 before deletion by 349/2017\n\nr 33(1)\nvaried by 267/2014 r 6\nr 33\ndeleted by 349/2017 r 17\nPt 3 Div 2 Subdiv 3\n\nsubstituted by 349/2017 r 18\nr 34 before substitution by 349/2017\n\nr 34(2)\nvaried by 267/2014 r 7(1)\nr 34(3)\nvaried by 227/2010 r 5(1)\nr 34(6)\nsubstituted by 267/2014 r 7(2)\nr 34(6a)—(6c)\ninserted by 267/2014 r 7(2)\nr 34(9)\n\nrevoked regulations\nrepealed regulations varied to read revoked regulations by 227/2010 r 5(2) \nr 34\nsubstituted by 349/2017 r 19\nr 35\nsubstituted by 349/2017 r 20\nr 35A\ninserted by 349/2017 r 20\nPt 3 Div 2 Subdiv 4\n\nsubstituted by 349/2017 r 21\nr 36 before substitution by 349/2017\n\nr 36(2)\nsubstituted by 227/2010 r 6(1)\nr 36(2a)\ninserted by 227/2010 r 6(1)\nr 36(5a)\ninserted by 227/2010 r 6(2)\nr 36(6)\n(a) deleted by 227/2010 r 6(3)\nr 36(7a)\ninserted by 227/2010 r 6(4)\nr 36(9a)\ninserted by 227/2010 r 6(5)\nr 36(21)\ninserted by 227/2010 r 6(6)\nnotional salary\ninserted by 271/2012 r 10\nr 36\nsubstituted by 349/2017 r 22\nr 36(4a)\ninserted by 7/2022 r 29\nr 36AA\nr 36AA(1)\namended by 119/2025 r 4\nr 36AAB\nr 36AAC\nr 36AAC(3)\nsubstituted by 119/2025 r 5(1)\nr 36AAC(5)\namended by 119/2025 r 5(2)\nr 36AAC(6)\ndeleted by 119/2025 r 5(3)\nrr 36AAD—36AAE\nr 36A\ninserted by 271/2012 r 11\nr 36A(1)\nsubstituted by 349/2017 r 23(1)\nr 36A(2)\nvaried by 349/2017 r 23(2)\nr 36A(3)—(9)\ninserted by 349/2017 r 23(3)\nr 36A(9a)\ninserted by 207/2018 r 5\nr 36A(10)\ninserted by 349/2017 r 23(3)\nr 36B\ninserted by 349/2017 r 24\nr 36B(3)\namended by 7/2022 r 12\nr 37\n\nr 37(1)\nvaried by 349/2017 r 25(1)\nr 37(3)\nsubstituted by 292/2013 r 5(1)\n\nvaried by 349/2017 r 25(2)\n\nvaried by 207/2018 r 6\nr 37(5)—(10)\ndeleted by 349/2017 r 25(3)\nr 37(12) before deletion by 349/2017\n\ncasual member\ndeleted by 292/2013 r 5(2)\nr 37(12)\ndeleted by 349/2017 r 25(4)\nr 37A\ninserted by 349/2017 r 26\nr 38\nvaried by 161/2011 r 12\n\nvaried by 175/2012 r 12\n\nvaried by 349/2017 r 27\n\namended by 7/2022 r 10\nPt 3 Div 2 Subdiv 4A\ninserted by 175/2012 r 13\nr 38A\n\nr 38A(2)\nvaried by 349/2017 r 28(1)\nr 38A(5)\nvaried by 349/2017 r 28(2)\nr 38A(8)\nvaried by 349/2017 r 28(3)\nr 38A(9)\nvaried by 349/2017 r 28(4)\nPt 3 Div 2 Subdiv 5\n\nr 39\n\nr 39(1)\namended by 7/2022 r 30(1)\nr 39(2)\nvaried by 349/2017 r 29\n\nsubstituted by 7/2022 r 30(2)\nr 39(3)\nsubstituted by 7/2022 r 30(2)\nr 39(4)\ninserted by 7/2022 r 30(2)\nPt 3 Div 3\n\nvaried by 349/2017 r 30\nr 40\n\nr 40(1)\nvaried by 349/2017 r 31(1), (2)\nr 40(3)\nvaried by 349/2017 r 31(3)\nr 41\nvaried by 267/2014 r 8\n\nvaried by 349/2017 r 32\nr 42 before substitution by 349/2017\n\nr 42(2)\nvaried by 267/2014 r 9(1)\nr 42(3)\nsubstituted by 267/2014 r 9(2)\nr 42(3a)—(3c)\ninserted by 267/2014 r 9(2)\nr 42\nsubstituted by 349/2017 r 33\nr 43\n\nr 43(2)\nvaried by 349/2017 r 34(1)\n\nsubstituted by 7/2022 r 31\nr 43(3)\ninserted by 349/2017 r 34(2)\n\nsubstituted by 7/2022 r 31\nPt 3 Div 4\n\nPt 3 Div 4 Subdiv 1\n\nr 44\n\ninvalidity/death insurance\ninserted by 349/2017 r 35\npublic sector superannuation scheme\nsubstituted by 7/2022 r 13\nr 47 before substitution by 349/2017\n\nr 47(1)\nvaried by 267/2014 r 10(1)\nr 47(1a)—(1d)\ninserted by 267/2014 r 10(2)\nr 47(2)\nvaried by 267/2014 r 10(3)\nr 47(3)—(6)\ninserted by 267/2014 r 10(4)\nr 48 before substitution by 349/2017\n\nr 48(7)\nvaried by 267/2014 r 11\nr 48(9a)\ninserted by 227/2010 r 7\nr 48(10)\nsubstituted by 50/2016 r 5\nPt 3 Div 4 Subdiv 3\nsubstituted by 349/2017 r 36\nr 47\n\nr 47(4)\namended by 7/2022 r 32(1)\nr 47(5)\nsubstituted by 7/2022 r 32(2)\nr 47(11)\namended by 7/2022 r 14\nr 47(18)\n\nvoluntary separation package\namended by 119/2025 r 6\nPt 3 Div 5\n\nr 49\n\nr 49(1)\nvaried by 349/2017 r 37(1), (2)\nr 49(1a)\ninserted by 227/2010 r 8\n\ndeleted by 349/2017 r 37(3)\nr 49(4)\nvaried by 349/2017 r 37(4)\nr 49(4a)\ninserted by 349/2017 r 37(5)\nr 49(8)\n\nauthorised condition\nvaried by 349/2017 r 37(6)\nPt 4\n\nPt 4 Div 1\n\nPt 4 Div 1 Subdiv 1\n\ninserted by 161/2011 r 13\nPt 4 Div 1 Subdiv 2\n\ninserted by 161/2011 r 14\nr 52A\ninserted by 161/2011 r 15\nr 53 before substitution by 7/2022\n\nr 53(4)\n(a) deleted by 50/2016 r 6(1)\nr 53(4a)\ninserted by 50/2016 r 6(2)\nr 53\ndeleted by 7/2022 r 33\nr 53A\ninserted by 207/2018 r 7\nr 55\n\nr 55(1)\nvaried by 271/2012 r 12\nr 55(7)\nvaried by 227/2010 r 9\n\nvaried by 50/2016 r 7\n\nvaried by 349/2017 r 38\nr 56A\ninserted by 175/2012 r 14\n\nvaried by 50/2016 r 8(1)\n\n(b) deleted by 50/2016 r 8(2)\nr 58\n\nr 58(1)\nvaried by 227/2010 r 10(1)\n\nvaried by 349/2017 r 39(1)—(3)\nr 58(2)\nsubstituted by 227/2010 r 10(2)\n\nvaried by 349/2017 r 39(4), (5)\nr 58(3)—(6)\ndeleted by 227/2010 r 10(2)\nr 58(7)\nvaried by 349/2017 r 39(6)\n\namended by 7/2022 r 34(1), (2)\nr 58(9)\nsubstituted by 271/2012 r 13\n\nvaried by 349/2017 r 39(7)\n\namended by 7/2022 r 34(3)\nr 58(9aa)\ninserted by 7/2022 r 34(4)\nr 58(9a)\ninserted by 271/2012 r 13\nr 58(11)\nvaried by 227/2010 r 10(3)\n\nr 58(12)\nr 58(12a)\ninserted by 227/2010 r 10(4)\n\ndeleted by 349/2017 r 39(8)\nr 58(13)\nvaried by 227/2010 r 10(5)\n\nr 58(14)\nvaried by 349/2017 r 39(9)\n\ndeleted by 7/2022 r 15\nr 58(15) and (16)\ndeleted by 349/2017 r 39(10)\nr 58(16a)\ninserted by 227/2010 r 10(6)\n\nvaried by 349/2017 r 39(11)\nr 58(17)\n\nterminal illness\ndeleted by 227/2010 r 10(7)\nvoluntary separation package\nsubstituted by 349/2017 r 39(12)\n\namended by 119/2025 r 7\nr 59\n\nr 59(1)\nvaried by 50/2016 r 9(1)\nr 59(2)\nvaried by 50/2016 r 9(2)\n\nvaried by 349/2017 r 40(1), (2)\nr 59(4)\nvaried by 349/2017 r 40(3)\n\nsubstituted by 7/2022 r 35(1)\nr 59(5)\nvaried by 349/2017 r 40(4)—(6)\nr 59(5a)\ninserted by 7/2022 r 35(2)\nr 59(7)\nvaried by 50/2016 r 9(3)\nr 59(8)\nsubstituted by 271/2012 r 14\n\nvaried by 50/2016 r 9(4)—(7)\n\nvaried by 349/2017 r 40(7)\n\namended by 7/2022 r 35(3)\nr 59(8aa)\ninserted by 7/2022 r 35(4)\nr 59(8a)\ninserted by 271/2012 r 14\n\nvaried by 50/2016 r 9(8)\n\namended by 7/2022 r 35(5)\nr 59(10)\nvaried by 50/2016 r 9(9)\nr 59(11)\nvaried by 50/2016 r 9(10)\n\nvaried by 349/2017 r 40(8)\nr 59A\ninserted by 7/2022 r 36\nr 61\n\nr 61(1)\nvaried by 50/2016 r 10(1)\nr 61(2)\nvaried by 50/2016 r 10(2), (3)\nr 61(3)\nvaried by 50/2016 r 10(4)—(7)\nr 61(5)\nvaried by 50/2016 r 10(8), (9)\nr 62AA\ninserted by 219/2014 r 4\n7.8.2014\n\nheading amended by 119/2025 r 8(1)\nr 62AA(1)\nvaried by 207/2018 r 8\n\nsubstituted by 119/2025 r 8(2)\nr 62AA(3)\ndeleted by 119/2025 r 8(3)\nr 62AAB\ninserted by 50/2016 r 11\nr 62AAB(1)\nvaried by 207/2018 r 9\nr 62AAB(3)\namended by 119/2025 r 9\nPt 4 Div 1 Subdiv 3\ninserted by 161/2011 r 16\nr 62D\nvaried by 50/2016 r 12\n\nvaried by 349/2017 r 41\nr 62E\n\nr 62E(1)\nvaried by 349/2017 r 42(1)\nr 62E(2)\nvaried by 349/2017 r 42(2), (3)\nr 62F\n\nr 62F(1)\nvaried by 50/2016 r 13(1)\nr 62F(2)\nvaried by 50/2016 r 13(2)\nr 62F(4)\nvaried by 349/2017 r 43\nr 62F(5)\nvaried by 50/2016 r 13(3)\nr 62F(6)\nvaried by 50/2016 r 13(4)\nPt 4 Div 2\n\nr 63\n\nr 63(1)\nvaried by 227/2010 r 11(1), (2)\n\nvaried by 50/2016 r 14(1), (2)\n\namended by 7/2022 r 37(1), (2)\nr 63(2)\namended by 7/2022 r 37(3)\nr 63(3)\nsubstituted by 227/2010 r 11(3)\n\nsubstituted by 349/2017 r 44(1)\nr 63(4)\nvaried by 50/2016 r 14(3)\n\nvaried by 349/2017 r 44(2)\nr 63(5a)\ninserted by 349/2017 r 44(3)\nr 63(7)\n\ncomplying fund\ninserted by 7/2022 r 37(4)\nr 63A\ninserted by 207/2018 r 10\nr 68\n\nr 68(5)\nsubstituted by 7/2022 r 38\nPt 6\n\nr 73A\ninserted by 277/2010 r 12 \nr 73A(3)\namended by 7/2022 r 16\nr 73A(4)\nvaried by 349/2017 r 45\nr 76\n\nr 76(1)\nr 76 redesignated as r 76(1) by 7/2022 r 17\n\namended by 7/2022 r 39\nr 76(2)\ninserted by 7/2022 r 17\nr 78\n\nr 78(1)\nvaried by 349/2017 r 46\n\namended by 7/2022 r 40\nr 78(2)\nvaried by 175/2012 r 15\nr 79\ninserted by 63/2020 r 4\n21.9.2020\nr 79(3)\namended by 107/2023 r 4\nr 80\ninserted by 107/2023 r 5\nSchs 1 and 2\nsubstituted by 349/2017 r 47\nSch 3\n\nPt 1\nomitted under Legislation Revision and Publication Act 2002\nPt 2 heading deleted and Pt 1 heading inserted in its place by 349/2017 r 48(1)\ncl 4\n\nFS\nvaried by 204/2015 r 5\nPt 2\ninserted by 349/2017 r 48(2)\ncl 13\n\ncl 13(7)—(9)\ndeleted by 207/2018 r 11\nTransitional etc provisions associated with regulations or variations\nSouthern State Superannuation (Fund Selection and Other Matters) Amendment Regulations 2022 (No 7 of 2022), Sch 1—Transitional provisions\n1—Interpretation\nIn this Schedule—\nprincipal regulations means the Southern State Superannuation Regulations 2009.\n2—Time limits (regulations 4 and 15)\n\t(1)\tRegulation 6(6) of the principal regulations as in force immediately before the commencement of regulation 4 of these regulations continues to apply in relation to a member who became incapacitated to the extent envisaged by regulation 6(4)(a)(i) of the principal regulations during the 12 month period in which the member was taken to have remained in employment under that regulation if the incapacity commenced before 1 April 2020.\n\t(2)\tRegulation 58(14) of the principal regulations as in force immediately before the commencement of regulation 15 of these regulations continues to apply in relation to a member who claims to be entitled to benefits under regulation 58 of the principal regulations, or a person acting on the member's behalf, if the member's employment (as referred to in regulation 58(12) of the principal regulations) terminated before 1 April 2020.\n3—Continuing operation of regulation 53 of principal regulations\nRegulation 53 of the principal regulations as in force immediately before its repeal by these regulations continues to apply in relation to an investment held under subregulation (6) of that regulation at the time of that revocation.\nSouthern State Superannuation (Miscellaneous) Amendment Regulations 2025 (No 119 of 2025), Sch 1\n1—Transitional provisions\n\t(1)\tRegulation 36AA of the principal regulations as amended by regulation 4 of these regulations applies only in relation to an application for a disability pension made on or after the designated day.\n\t(2)\tRegulation 36AA(1) of the principal regulations as in force immediately before the designated day continues to apply in relation to a member whose application has, before the designated day, been made but not finally determined.\n\t(3)\tRegulation 36AAC of the principal regulations as amended by regulation 5 of these regulations does not apply in respect of an application for a disability pension that has, before the designated day, been made and declined by the Board.\n\t(4)\tRegulation 36AAC(5)(ab) as inserted into the principal regulations by regulation 5(2) of these regulations does not apply in relation to an application for a disability pension that has, before the designated day, been made and declined by the Board.\n\t(5)\tRegulation 47(18) of the principal regulations as in force immediately before the designated day continues to apply in relation to a member whose resignation has taken effect before the designated day.\n\t(6)\tRegulation 58(17) of the principal regulations as in force immediately before the designated day continues to apply in relation to a member whose resignation from employment has taken effect before the designated day.\ndesignated day means the day on which these regulations come into operation;\nprincipal regulations means the Southern State Superannuation Regulations 2009.\nHistorical versions\n\n7.8.2014\n\n11.2.2016\n\n21.9.2020\n\n","sortOrder":21}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be determined as the legislative text was not accessible. No comparison between original intent and current provisions could be made. A broken hyperlink (likely caused by a website migration on 24 March 2026) prevented retrieval of the document."},"complexity_factors":["No actual legislative text was retrievable — analysis is based on general knowledge of the instrument only","Superannuation regulations typically involve complex financial and actuarial concepts","Interaction between regulations and the parent Act (Southern State Superannuation Act 2009) adds interpretive layers","Multiple classes of affected persons (employees, employers, beneficiaries) create layered application","Score is provisional and would likely increase to 7-8 upon review of actual text due to typical superannuation regulatory complexity"],"plain_english_summary":"The Southern State Superannuation Regulations 2009 (SA) set out the operational rules for the Southern State defined‑benefit superannuation scheme that supports the Southern State Superannuation Act 2009. They govern how benefits, contributions and special‑circumstance entitlements (death, disability, leaving service) are administered.\n\nThe regulations affect current and former South Australian public sector employees who are scheme members, their employers, and eligible dependants and beneficiaries — shaping retirement and post‑employment financial outcomes."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulations have substantially broadened and evolved from a narrower insurance/benefit rule set to include portability/fund‑selection mechanics, post‑retirement investment options, and detailed interactions with Commonwealth SIS and Family Law requirements. Key scope expansions include: insertion of Part 2A (portability and fund selection) and explicit Super SA Select rules (reg 13B and regs 25A–25G) which change how membership and employer contributions operate; restructuring of insurance into default and additional classes with actuarial unit tables (Part 3 and Schedules 1–2) and new post‑retirement investment/insurance options (regs 45–47). The legislative history and Schedule 3 transitional provisions show serial amendments that add categories of members (eg police‑specific and PSS3 opt‑in members), new insurance regimes, and many time‑limited grandfathering rules — together these changes mean the current text goes beyond the original, narrower insurance/benefit framework by adding portability, fund choice and broader administrative powers."},"complexity_factors":["Very long instrument with multiple Parts, Divisions and Subdivisions (Parts 1–6, Schedules 1–3) covering membership, portability, insurance, benefits, family law and transitional arrangements","Large interpretation section with many defined terms and cross‑references to other South Australian statutes and Commonwealth legislation (reg 3 references SIS Act, Family Law Act, Superannuation Contributions Tax Act etc.)","Extensive conditional logic and nested exceptions (eg. eligibility for insurance and disability benefits in regs 28, 30, 36, 58 with many subparagraphs and time limits)","Multiple member classes with different rules (police members, prescribed members, PSS 3 members, Super SA Select members, spouse members and public sector beneficiaries) increasing branching complexity","Significant cross‑referencing to the principal Act and Commonwealth instruments (Part 2A portability, Part 5 Family Law) which require external legal context to interpret","Numerous Board discretions and administrative settings (Board fixes premiums, charges, terms and may impose conditions — regs 16, 34, 49) creating open‑ended application detail","Schedules with age‑based unit values and closed fixed‑cover tables (Schedules 1 and 2 and Schedule 3 tables) add actuarial complexity","Transitional provisions and many historical amendments (Schedule 3 and Legislative history) producing time‑dependent rules and exceptions","Multiple monetary and numerical thresholds and caps (eg $25,000 minimum transfer reg 25B(5); $1,500,000 aggregate cover cap reg 34(13); minimum contribution $50 reg 19)"],"plain_english_summary":"**What these regulations do (mechanics first)\n\n- Establish who is a member of the Southern State Superannuation (Triple S) scheme, how accounts are kept, and what kinds of contributions are made (membership, accounts and contributions — Part 2; regs 9, 16, 17).\n- Set rules for fund selection and portability — when a member can direct employer contributions to another fund, how that takes effect, and limits on transfers (Part 2A; regs 25A–25G, 25B prescribing a $25,000 minimum transfer and one transfer per financial year unless exceptional circumstances apply).\n- Maintain and structure insurance and income‑protection cover for members and spouses: default cover, optional additional cover, fixed‑value and age‑based unit covers, premium setting by the Board on actuarial recommendation, caps on aggregate cover, and special police provisions (Part 3; regs 28, 30, 34, 36, 38A, Schedule 1 and 2).\n- Define benefit triggers and payment rules on retirement, resignation, retrenchment, invalidity, terminal illness and death (Part 4; regs 54–59, including special calculations for police members — reg 58(8)–(9)).\n- Provide spouse‑member rules (contribution splitting, spouse accounts and spouse benefits — Part 2 Division 2 and Part 4 Division 2; regs 22–25, 63) and Family Law (how splitting instruments are implemented, processing and timing — Part 5; regs 66–73).\n- Give the Board and Treasurer administrative discretions: to set administrative charges, premiums, eligibility terms, waiting periods, to demand medical evidence, and to apply transitional arrangements (throughout; notably regs 16(7), 34(4), 49 and Sched 3).\n\nWho is affected\n\n- Employees whose employment is covered by the Southern State Superannuation Act (public sector employees), including police officers, SA Ambulance Service personnel (certain classes), Parliamentary PSS 3 members who opt in, visiting medical officers, and members of Super SA Select in specified circumstances (various definitions and lists — regs 3, 4, 13A, 13B, 25A).\n- Spouses who receive contribution‑splits or spouse contributions (regs 22–25, 63).\n- Employers (obliged to make employer contributions and to notify the Board under fund‑selection rules — regs 21E, 25D) and the Board/Treasurer who administer accounts and payments (many provisions).\n\nWhy it matters (official rationale and testing it against costs and incentives)\n\n- Officially: the regulations continue and update an insurance scheme (invalidity/death/income protection), implement contribution and membership rules, and give effect to Commonwealth requirements on portability and Family Law (see Part 3 purpose reg 26; Part 2A re portability regs 25A–25G; Part 5 Family Law regs 64–71).\n\n- Who pays (costs): premiums for insurance and disability‑pension cover are charged against the member's accounts (employer contribution account first, then employee/rollover/co‑contribution accounts if needed) — reg 16(3), r 39(1). Employers fund employer component contributions (reg 7 and r 16(2)). Administrative charges and some medical costs for applicants are allocated as described (regs 16(7), 37A(3)). The Treasurer and Board carry actuarial/computation duties (regs 34(4), 60(6)).\n\n- Who decides (discretion): the Board fixes administrative charges and (on an actuary's recommendation) premiums (regs 16(7), 34(4)), decides eligibility/conditions for insurance or pensions and may impose, vary or remove authorised conditions based on medical evidence (regs 49, 37A). The Treasurer sets factors for commutation on actuary advice (reg 60(6)). Those discretions create implementation risk and compliance burden because many entitlements depend on Board determinations and on application procedures in an \"approved form\" (see frequent requirement for approved forms: regs 12, 30, 49, 36AA etc.).\n\n- Behavioural effects and trade‑offs:\n  - Fund selection (Part 2A) allows members to move employer contributions to a chosen complying fund, but it can change entitlement to insurance and income protection for the employment tied to that contribution — e.g. a fund selection to a fund other than Triple S or Super SA Select can end employer‑linked disability cover for that employer (reg 25I(1)(c)). That creates a clear substitution incentive: members who value Triple S insurance may not select outside funds, while those who prefer external funds accept reduced scheme insurance entitlements.\n  - Members can elect to contribute, elect the contribution rate (reg 17), elect or decline income‑protection coverage (reg 37), and elect salary‑sacrifice arrangements (regs 12–13). These choices shift costs between member and employer accounts and change future benefit accruals.\n\n- Concentrated benefits and redistribution: some rules create concentrated advantages — e.g. prescribed police member rules and the police disability pension with a specific calculation and a 24‑month cap (reg 38A). These are targeted rules that raise fiscal and distributional considerations (reg 58(8)–(9), reg 38A).\n\n- Compliance, documentation and medical assessment burden: applications for additional insurance, income protection or disability pensions require approved‑form applications and supporting medical evidence; the Board can require medical exams (regs 37A, 49, 36AA). Waiting periods, exclusions for pre‑existing conditions and time limits for claims (e.g. 2‑year claim notices for invalidity benefits — reg 58(12)) add procedural complexity and potential appeal or disputes risk.\n\n- Trade‑offs and implementation risk: the regulations balance portability and private choice (fund selection) against pooled insurance promises (default/additional cover). Portability provisions (regs 25A–25G) attempt to align state arrangements with Commonwealth SIS and Family Law rules, but the cross‑referencing increases legal and administrative complexity and creates edge cases (transitional members, timing when fund selection takes effect — reg 25G).\n\nConcrete mechanisms to note (selected sections)\n\n- Accounts and debiting of premiums: employer contribution account first, then employee/rollover/co‑contribution (reg 16(2)–(5), 16(3a)).\n- Default and additional insurance: default insurance available to most members under age 70 (reg 28); additional insurance requires application and is subject to medical underwriting in some cases (regs 30, 31, 34). Schedule 1 and 2 set unit values by age.\n- Disability pension: defined entitlement and eligibility tests, 75% of notional salary as the pension amount (reg 36, reg 36AAB(1)); waiting periods and caps on duration (reg 36AAC, 36AAD).\n- Police disability pension: separate test and payment calculation linked to workers' compensation shortfall and limited duration (reg 38A).\n- Fund selection and portability: one transfer per financial year unless Board permits more, $25,000 minimum transfer, employer notification timelines, and rules on when insurance or income protection start/stop in relation to fund selections (regs 25B, 25D, 25E, 25I).\n- Family Law splitting: Board must create non‑member spouse interests on service of splitting instrument, offer payment or rollover options and implement reductions in member entitlements by percentages (regs 66–68).\n\nPractical implications for affected parties\n\n- Members: should check the interaction between fund choice and insurance cover; premiums are taken from accounts (may cancel cover if accounts lack funds); must meet application and time limits for claims and consider medical underwriting for additional cover.\n- Employers: must make contributions, notify the Board promptly about fund selections, and may be charged for administrative costs related to police disability scheme administration (regs 25D, 38C).\n- Board/Treasurer: considerable administrative and actuarial responsibilities; discretion to set charges and premiums, and to interpret eligibility and transitional rules (many regs).\n\nOverall bottom line: a detailed operational framework that keeps Triple S running — defining who is in, what accounts exist, how contributions and insurance work, how portability and family‑law splits are processed, and providing substantial Board discretion and application processes. The rules trade portability and member choice against the continuity and actuarial integrity of pooled insurance and pension promises; they impose documentary, medical and timing conditions that raise compliance and administration costs (see especially regs 16, 25, 34, 36, 49, 58)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":839},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2009 scope. The original scheme was a relatively straightforward public sector accumulation fund. Through 16+ amendment instruments, it has expanded to include: (1) fund choice/portability (Part 2A added 2022), (2) complex insurance restructuring (2017), (3) Super SA Select integration (2012 onwards), (4) special police disability pensions (2012), (5) parliamentary member provisions (2011), (6) extensive transitional protections for members of predecessor schemes, and (7) increasingly detailed Commonwealth tax compliance mechanisms. The 2022 amendments in particular represent a major structural change, allowing members to direct contributions away from Triple S while maintaining insurance entitlements — effectively transforming it from a closed scheme to an open architecture with multiple fund options."},"complexity_factors":["47+ defined terms in the interpretation section alone","Extensive cross-referencing between the Act and multiple Commonwealth statutes (SIS Act, Family Law Act, Superannuation Contributions Tax Act, Return to Work Act)","Nested conditional logic with multiple exceptions — e.g., regulation 58(11) has 7 sub-paragraphs with multiple conditions each, plus further exclusions in subregulations (7)-(9)","Multiple overlapping membership categories (9 different ways to become a member under regulation 9 alone)","Transitional provisions spanning three separate time periods (2009 commencement, 2017 insurance variations, 2022 fund selection amendments) with different rules applying to each","Mathematical formulas for police benefits (regulation 58(8)) and transitional calculations (Schedule 3 clause 4)","Insurance provisions with age-based tables, waiting periods, pre-existing condition exclusions, and 'authorised conditions' that can modify standard entitlements","Fund selection mechanics (Part 2A) creating parallel membership tracks with different insurance consequences","Family law splitting mechanics requiring precise percentage calculations across multiple account types"],"plain_english_summary":"These regulations govern South Australia's **Southern State Superannuation Scheme** (Triple S), a public sector superannuation fund for state government employees, police officers, and certain other workers.\n\n**What it does:**\n- **Establishes membership rules** — covers who can join (permanent employees, casual workers meeting hour thresholds, police officers, parliamentary members, and certain transferred members from other schemes)\n- **Sets up contribution accounts** — employer contributions (mandatory), employee contributions (voluntary), rollover accounts (for transfers from other funds), and co-contribution accounts (government matching contributions)\n- **Provides insurance coverage** — default invalidity/death insurance for most members under 70, additional voluntary insurance, and income protection (disability pensions) for those unable to work due to illness or injury\n- **Defines benefit payments** — retirement benefits (from age 55, or 50 for police), resignation benefits (with preservation until retirement age), invalidity benefits for those unable to work, death benefits for estates/spouses, and special police injury pensions\n- **Allows fund portability** — members can direct employer contributions to other approved funds (like Super SA Select) while maintaining certain insurance entitlements\n- **Handles family law splits** — implements requirements for dividing superannuation interests between separating spouses under Commonwealth family law\n\n**Who it affects:**\n- South Australian public sector employees\n- Police officers and ambulance service workers (with special provisions)\n- Members of Parliament (PSS 3 members)\n- Spouses of members who receive contribution-splitting benefits\n- Former public sector employees with preserved benefits\n\n**Why it matters:**\nThis scheme provides retirement savings, insurance protection, and income security for approximately 80,000+ South Australian public sector workers. The regulations are highly detailed because they must balance: (1) employee and employer contribution obligations, (2) complex insurance underwriting for a diverse workforce, (3) interaction with Commonwealth superannuation and tax laws, and (4) transitional protections for members moving from older schemes."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/southern-state-superannuation-regulations-2009","history":"/api/acts/southern-state-superannuation-regulations-2009/history","analysis":"/api/acts/southern-state-superannuation-regulations-2009/analysis","conflicts":"/api/acts/southern-state-superannuation-regulations-2009/conflicts","importantCases":"/api/acts/southern-state-superannuation-regulations-2009/important-cases","documents":"/api/acts/southern-state-superannuation-regulations-2009/documents"}}