{"id":"superannuation-act-1988","name":"Superannuation Act 1988","slug":"superannuation-act-1988","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110372,"registerId":"sa-superannuation-act-1988-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 2","sectionType":"division","heading":"New scheme contributors","content":"Division 2—New scheme contributors\n43AH\tApplication of Division\n43AI\tAccrued benefit multiple\n43AJ\tNon-member spouse's entitlement\n","sortOrder":0},{"sectionNumber":"Div 3","sectionType":"division","heading":"Old scheme contributors","content":"Division 3—Old scheme contributors\n43AK\tApplication of Division\n43AL\tAccrued benefit multiple\n43AM\tNon-member spouse's entitlement\n43AN\tNon-member spouse's entitlement where pension is in growth phase\n43AO\tNon-member spouse's entitlement where pension is in payment phase\n43AP\tPayment of non-member spouse's entitlement\nDivision 4—Fees\n43AQ\tFees\nPart 6—Miscellaneous\n43B\tExclusion of benefits under awards etc\n44\tReview of Board's decisions\n45\tEffect of workers compensation etc on pension\n46\tDivision of benefit where deceased contributor is survived by lawful and putative spouses\n47\tAdjustment of pensions\n47A\tSubsequent roll over of benefits to another fund or scheme\n47B\tRoll over of benefits from another fund or scheme\n47C\tPortion of pension etc to be charged against contribution account etc\n47D\tCharge against Fund if draw down benefit paid\n48\tRepayment of contribution account balance and minimum benefits\n49\tSpecial provision for payment in case of infancy or death\n50\tPension not to be assignable\n50A\tUnclaimed superannuation benefits\n51\tLiabilities may be set off against benefits\n51A\tMethod of making contributions\n52\tAnnuities\n53\tContinuation of the Voluntary Savings Account\n54\tPower to obtain information\n55\tConfidentiality\n56\tResolution of difficulties\n58\tPensions payable in foreign currency\n58A\tRounding off of contributions and benefits\n59\tRegulations\nSchedule 1—Transitional provisions\n1\tContinuity of contributor status\n2\tContributions by old scheme and certain new scheme contributors\n3\tStarting balance of contribution account of old scheme contributors\n3A\tStarting balance for certain new scheme contributors\n4\tSpecial provision as to contribution period of certain contributors\n5\tSuperannuation points carried over by old scheme contributors\n6\tSpecial provisions for contributors to the Provident Account\n7\tLimited benefit contributors\n8\tPreservation of excess unit addition\n9\tNeglected unit and fund share reduction\n10\tPensions that commenced under previous enactments\n11\tAbolition of Provident Account, and Retirement Benefit Account\n12\tContinuation of superannuation arrangements\n13\tContinuation of membership of elected members of the Board\n14\tRetrospective operation of preservation rights\n15\tBenefits under Parts 4 and 5\n15A\tEarly retirement benefit for certain contributors\n16\tTransference from old scheme to new scheme\n17\tPayment of contributions while on leave without pay\n18\tRepeal of contribution rate\n19\tOperation of sections 28(1f) and 39(1db)\n20\tElection on retrenchment under section 29\n21\tOperation of amendments made by Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003\nSchedule 1A—Provisions relating to other public sector superannuation schemes\n1\tRegulations relating to transfer of groups of employees or former employees from other public sector superannuation schemes\n1A\tRegulations relating to transfer of other persons from public sector superannuation schemes\n2\tRegulations to offset income tax etc\nSchedule 1B—Transfer of certain members of the Electricity Industry Superannuation Scheme to the State Scheme\n1\tInterpretation\nPart 2—Transfer of members\n2\tTransfer of existing pensioners before the relevant day\n3\tTransfer of existing and future pensioners after the relevant day\n4\tTransfer of persons entitled to preserved benefits\n5\tTransfer of certain other persons\nPart 3—General\n6\tEmployer contributions\n7\tNotices\n8\tCessation of entitlements under the Electricity Industry Superannuation Scheme\n9\tPower to obtain information\n10\tTransfer effective despite Electricity Corporations Act 1994\n11\tRegulations may be made for transitional purposes\nSchedule 2\nSchedule 3—Administered schemes\nPart 1—Interpretation\n1\tInterpretation\nPart 2—Management of schemes\n2\tApplication of Schedule to schemes\n3\tArrangements as to trust deed and rules\n4\tArrangements as to assets\nPart 3—Establishment of funds and contribution accounts\nDivision 1—Establishment of funds\n5\tManagement and establishment of funds\n6\tDivision of funds into distinct parts\nDivision 2—Contribution accounts\n7\tContribution accounts\nPart 4—Miscellaneous\n8\tInsurance arrangements\n9\tAccounts and audit\n10\tReports\n11\tFees\n12\tCessation of scheme\n12A\tUnclaimed superannuation benefits\n13\tStamp duty\n14\tTransitional provisions\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Superannuation Act 1988.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nactive contributor means a contributor who is contributing to the Fund;\nactual or attributed salary—see subsections (3) and (4);\nactuary means a Fellow or Accredited Member of The Institute of Actuaries of Australia;\nadjusted salary in relation to a contributor as at a particular time means—\n\t(a)\tif the contributor has been employed on a full-time basis throughout his or her contribution period—the contributor's actual or attributed salary as at that time;\n\t(b)\tif the contributor has been employed on a part-time or casual basis over the whole or any part of his or her contribution period—the contributor's actual or attributed salary as at that time reduced to reflect the extent of the contributor's employment over the contribution period expressed as a proportion of full-time employment;\nage of retirement means—\n\t(a)\tin relation to an old scheme contributor for whom 55 years was the age of retirement under the repealed Act—55 years;\n\t(b)\tin all other cases—60 years;\napproved form means a form approved by the Board;\nBoard means the South Australian Superannuation Board;\nco-contribution means a payment made to the Board in respect of a person by the Commissioner of Taxation pursuant to the requirements of the Superannuation (Government Co‑contribution for Low Income Earners) Act 2003 of the Commonwealth;\nco-contribution account means an account established and maintained by the Board as a co‑contribution account in accordance with the requirements of this Act;\nCommonwealth Act means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth;\nConsumer Price Index means the Consumer Price Index (All groups index for Adelaide);\ncontracting out agreement means an agreement between a Minister or other agent or instrumentality of the Crown and another person or persons—\n\t(a)\tunder which—\n\t(i)\ta function previously undertaken by the Crown is to be undertaken by the private sector; or\n\t(ii)\ta service previously provided by the Crown to the public, or to a section of the public or to the Crown itself, is to be provided by the private sector; and\n\t(b)\tunder which persons who had been public sector employees employed in undertaking that function or providing that service are offered employment in the private sector;\ncontribution month—see subsection (2a);\ncontribution period means—\n\t(a)\tin relation to an old scheme contributor—a period (including a period falling wholly or partly before the commencement of this Act) over which the contributor is (or was) an active contributor;\n\t(b)\tin relation to a new scheme contributor—a period over which the contributor is (or was) an active contributor;\ncontributor means a person accepted as a contributor (either under this Act or under an earlier Act) and includes such a person who has ceased making contributions unless his or her rights in relation to superannuation have been exhausted and no derivative rights exist in relation to that person under this Act (but does not include a person as a member of an administered scheme under Schedule 3);\ndeferred superannuation contributions surcharge in relation to a contributor means the amount that the contributor is liable to pay the Commissioner of Taxation under section 15(6) of the Superannuation Contributions Tax Act;\ndependency in relation to a child means any period for which the child is an eligible child;\n","sortOrder":1},{"sectionNumber":"Div 293","sectionType":"division","heading":"release authority means a release authority issued by the Commissioner of Taxation under Schedule 1 section 135‑10 of the Taxation Administration Act;","content":"Division 293 release authority means a release authority issued by the Commissioner of Taxation under Schedule 1 section 135‑10 of the Taxation Administration Act;\nDivision 293 tax has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth;\neligible child in relation to a deceased contributor means a child—\n\t(a)\twho is—\n\t(i)\ta child of the contributor; or\n\t(ii)\ta child in relation to whom the contributor had assumed parental responsibilities and who was cared for and maintained, wholly or in part, by the contributor up to the date of the contributor's death; and\n\t(b)\twho is—\n\t(i)\tunder the age of 16 years; or\n\t(ii)\tbetween the ages of 16 and 25 years and in full-time attendance at an educational institution recognised by the Board for the purposes of this definition;\nemployee means—\n\t(a)\ta statutory officer of the Crown (including a Magistrate but not a Judge);\n\t(i)\temployed in an administrative unit of the Public Service; or\n\t(ii)\temployed under the Education and Children's Services Act 2019 or the Technical and Further Education Act 1975; or\n\t(iii)\temployed by—\n\t—\tthe Rail Commissioner;\n\t—\tthe Commissioner of Highways;\n\t—\tan employer with which the Board has entered into superannuation arrangements under this Act; or\n\t(iv)\temployed by a Minister, or the chief executive of a Public Service administrative unit, on a weekly, daily or hourly basis; or\n\t(v)\temployed under the Parliament (Joint Services) Act 1985; or\n\t(vi)\temployed to provide services to the House of Assembly or the Legislative Council and under the control of the Speaker or the President; or\n\t(vii)\temployed as a member of the Governor's staff; or\n\t(viii)\temployed in an office or position declared by regulation to be an office or position to which this Act extends;\nemploying authority in relation to an employee means—\n\t(a)\tthe chief executive officer to whom the employee is answerable on matters relating to his or her employment;\n\t(b)\tif there is no such officer—the authority, body or person to whom the employee is answerable;\nentitlement day means—\n\t(a)\tin relation to a contributor who becomes entitled to a pecuniary benefit under this Act—the day on which that entitlement arises;\n\t(b)\tin relation to a contributor whose employment is terminated by his or her death—the date of the contributor's death;\nFund means the South Australian Superannuation Fund;\ninvalid pension means a pension payable on account of invalidity;\ninvalidity means physical or mental incapacity to carry out the duties of employment;\nmonth means a period starting at the beginning of any day of 1 of the 12 named months and ending—\n\t(a)\timmediately before the beginning of the corresponding day of the next named month; or\n\t(b)\tif there is no such corresponding day, at the end of the next named month;\nnew scheme contributor means a person accepted as a contributor on or after 31 May, 1986 (but does not include any such person who is classified by the Board as an old scheme contributor);\nnon-monetary salary, in relation to a contributor who is not employed pursuant to a TEC contract, means remuneration in any form resulting from the sacrifice by the contributor of part of his or her salary;\nnotional salary in relation to a contributor whose employment has ceased temporarily or permanently (including a contributor who has died) means the salary that the contributor would be receiving if he or she had continued in employment in the same position and at the same grade as were applicable immediately before the cessation of employment and, if the contributor was not in full-time employment immediately before cessation of employment, notional salary will be calculated on the basis of the contributor's average hours of employment (excluding overtime) over the last 3 years of his or her contribution period;\nold scheme contributor means a person who was accepted as a contributor to the Fund before 31 May, 1986 (and includes a person accepted as a contributor after that date if that person is classified as an old scheme contributor by the Board);\noutplaced employee means a contributor who has retired or resigned from employment to take up employment in the private sector pursuant to an offer of employment in a contracting out agreement;\npensioner means a person who is entitled to a pension under this Act (including a person who qualifies for a pension but whose pension is under suspension but not including a person as a member of an administered scheme under Schedule 3);\npension period means the period over which a pension is paid;\npreservation age has the same meaning as in Part 6 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth under the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;\nprivate sector employer means the employer with whom an outplaced employee takes up employment on retiring or resigning from employment in the public sector;\nPublic Sector Employees Superannuation Scheme means the superannuation scheme of that name established pursuant to a deed of arrangement dated 27 September 1989 between the Treasurer and the secretary of the United Trades and Labor Council;\npublic sector superannuation scheme means a superannuation scheme established or continued under an Act of this State or otherwise for the benefit of employees of an instrumentality or agency of the Crown;\nputative spouse—see section 4A;\nregistered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act;\nrepealed Act means the Superannuation Act 1974;\nretrench in relation to a contributor means terminate the contributor's employment on the ground that work of the kind for which the contributor is qualified and suited is no longer available for the contributor;\nretrenchment pension means the pension payable to an old scheme contributor on account of retrenchment;\nsalary, in relation to a contributor who is employed pursuant to a TEC contract, means that proportion of the value of the total remuneration package specified in the contract that has been prescribed by regulation for the purposes of this definition;\nsalary, in relation to a contributor who is not employed pursuant to a TEC contract, includes all forms of remuneration (including non‑monetary salary) except—\n\t(a)\tremuneration related to overtime (other than such remuneration that is paid by way of an annual allowance);\n\t(b)\ta leave loading;\n\t(c)\ta loading arising from the casual nature of the employment or the conditions under which work is performed;\n\t(d)\tallowances (unless declared by regulation to be a component of salary) for accommodation, travelling, subsistence or other expenses;\n\t(e)\tremuneration of a kind excluded by regulation from the ambit of this definition (and such a regulation may exclude remuneration of a particular kind for the purpose of calculating contributions but provide for its inclusion as a component of salary for the purpose of calculating benefits);\nScheme means the scheme of superannuation established by this Act and (where the context admits) includes the scheme of superannuation established by a corresponding previous enactment (but does not include any administered scheme under Schedule 3);\nSIS Act means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;\nSouthern State Superannuation Fund means the fund of that name continued in existence under the Southern State Superannuation Act 2009;\nspecial deposit account means a special deposit account established under section 8 of the Public Finance and Audit Act 1987;\nspouse includes a putative spouse;\nstandard contribution rate means—\n\t(a)\tin relation to an old scheme contributor whose standard contribution rate is under clause 2 of Schedule 1 some rate other than 6% of salary—that other rate of contribution;\n\t(b)\tin all other cases—6% of salary;\nSuperannuation Contributions Tax Act means the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth;\nSuperannuation Funds Management Corporation of South Australia or Corporation means the Superannuation Funds Management Corporation of South Australia continued in existence by the Superannuation Funds Management Corporation of South Australia Act 1995;\nsurcharge notice means a notice issued by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax Act;\nTaxation Administration Act means the Taxation Administration Act 1953 of the Commonwealth;\nTEC contract means a contract of employment between a contributor and his or her employer under which the value of the total remuneration package specified in the contract reflects the total employment cost to the employer of employing the contributor;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nTriple S scheme means the Southern State Superannuation Scheme continued in existence under the Southern State Superannuation Act 2009;\nunclaimed superannuation benefit means an amount of money that is taken by Part 3 of the Superannuation (Unclaimed Money and Lost Members) Act 1999 of the Commonwealth to be unclaimed money.\n\t(2)\tIf a period is to be expressed in months for the purpose of this Act, then, except where express provision is made to the contrary, only completed months will be taken into account and any remainder will be ignored.\n\t(2a)\tThe number of contribution months in a contribution period is calculated by multiplying the number of days in the period by 0.032854.\n\t(2b)\tA regulation prescribing the proportion of the value of the total remuneration package for the purposes of the first definition of salary in subsection (1)—\n\t(a)\tmay prescribe different proportions in relation to old scheme contributors and new scheme contributors; and\n\t(b)\tin relation to a contributor whose salary would be less under the first definition of salary in subsection (1) than if it were determined under the second definition of salary in that subsection—may prescribe a proportion to ensure that the value of the contributor's salary for the purposes of this Act is not less than it would be if determined under the second definition of salary.\n\t(2c)\tFor the purposes of determining the amount of salary received by a contributor who is in receipt of non‑monetary salary, the value of the non‑monetary salary will be taken to be the amount of salary sacrificed by the contributor in order to receive the non‑monetary salary.\n\t(3)\tSubject to this section, a contributor's actual or attributed salary, as at a particular date, is—\n\t(a)\tif the contributor is, at that date, employed on a full-time basis—the contributor's salary;\n\t(b)\tin any other case—the salary that the contributor would have been receiving, at that date, if the contributor had then been employed on a full-time basis.\n\t(a)\tbefore the commencement of subsection (4a)—\n\t(i)\tthere was a reduction in a contributor's rate of salary (not being a reduction resulting from disciplinary action against the contributor or a reduction in the contributor's hours of employment); and\n\t(ii)\tthe contributor elected under this subsection to contribute as if the reduction had not occurred; and\n\t(b)\tafter the commencement of subsection (4a), the contributor elects, in a manner approved by the Board, to have his or her contributions determined under this subsection,\nthe contributor's contributions will be based on the salary of the position or office held by the contributor immediately before the reduction occurred or, if that position or office ceases to exist or the classification of the position or office is changed, the contributions will be based on the salary of that position or office immediately before it ceased to exist or its classification was changed, adjusted to reflect changes in the Consumer Price Index from that time and the contributor's actual or attributed salary as at a particular date will be determined as if the notional salary in respect of which the contributor was contributing at that date were the contributor's actual salary.\n\t(4a)\tIf (whether before or after the commencement of this subsection) there has been a reduction in a contributor's rate of salary (not being a reduction resulting from disciplinary action against the contributor or a reduction in the contributor's hours of employment) and—\n\t(a)\tthe contributor—\n\t(i)\telected, before the commencement of this subsection, to contribute as if the reduction had not occurred; and\n\t(ii)\thas not made an election under subsection (4)(b); or\n\t(b)\tthe contributor elects, in a manner approved by the Board, to contribute as if the reduction had not occurred,\nthen the following provisions apply:\n\t(c)\tthe contributor's contributions will be based on his or her notional contribution salary;\n\t(d)\tthe contributor's actual or attributed salary as at a particular date will be determined as if his or her notional contribution salary on that date were the contributor's actual salary.\n\t(4b)\tFor the purposes of subsection (4a), a contributor's notional contribution salary is—\n\t(a)\tthe salary of the position or office held by the contributor immediately before the reduction occurred; or\n\t(b)\tif that position or office ceases to exist or the classification of the position or office is changed—the salary of that position or office immediately before it ceased to exist or its classification was changed (adjusted if any increase occurs in the rate of salary payable in respect of the contributor's position or office by a percentage equal to the percentage that the increase bears to that salary).\n\t(4c)\tThe fixing of a contributor's contributions in relation to a financial year under section 23(4)(a) following a reduction in a contributor's rate of salary will be based on the contributor's notional contribution salary pursuant to an election under subsection (4a) only if the contributor made the election under that subsection on or before the 31 March last preceding the commencement of the financial year.\n\t(5)\tIf it is necessary to calculate what would have been the amount standing to the credit of a contributor's contribution account, as at a particular time and the contributor had contributed at the standard contribution rate throughout his or her contribution period, the calculation may be made as follows:\n\nB is the actual credit of the contribution account at the relevant time\nC is the number of months in the contribution period\nP is—\n\t(a)\tin the case of a contributor who was in full-time employment throughout his or her contribution period—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment during his or her contribution period as a proportion of full-time employment during that period\nD is the number of the contributor's contribution points.\n\t(6)\tReferences in this Act to resignation from, or termination of, employment will be read subject to the following qualifications—\n\t(a)\tresignation from a particular position in order to take up some other position in employment to which this Act applies, or to take up employment in the same position but on a different basis, will be ignored unless there is an interval of more than 1 month between the time the resignation takes effect and the commencement of the new employment;\n\t(b)\tif a person is employed in employment to which this Act applies for a particular term and the term expires, the person will be taken to have resigned—\n\t(i)\tif he or she makes an election under this subparagraph—at the expiration of the term; or\n\t(ii)\tif no election is made under subparagraph (i)—at the expiration of 12 months from the expiration of the term except where the person is re-employed in employment to which this Act applies (not being employment on a casual basis) before that time in which case any interruption of employment will be ignored;\n\t(c)\ta person whose employment is terminated on the ground of incompetence will be taken to have retired or resigned from employment depending on whether he or she has then reached the age of 55 years.\n\t(7)\tA person referred to in subsection (6)(b) cannot make contributions under this Act in respect of a period before he or she is taken to have resigned under that subsection and during which he or she is not employed in employment to which this Act applies.\n\t(8)\tFor the purposes of this Act a contributor who is on leave without pay is not an active contributor if a contribution payable by the contributor has remained unpaid for 14 days or more.\n\t(9)\tSubsection (8) does not apply if the contributor did not know, and could not reasonably have been expected to know, that the contribution had remained unpaid for 14 days.\n\t(10)\tFor the purposes of subsections (8) and (9), contributions become payable at the times at which salary would have been payable to the contributor if he or she had not been on leave without pay.\n4A—Putative spouses\n\t(1)\tFor the purposes of this Act, a person is, on a certain date, the putative spouse of another person if—\n\t(a)\tthe person is, on that date, cohabiting with the other person as that person's de facto spouse and—\n\t(i)\tthe person—\n\t(A)\thas been so cohabiting with the other person continuously for the preceding period of 3 years; or\n\t(B)\thas during the preceding period of 4 years so cohabited with the other person for periods aggregating not less than 3 years; or\n\t(ii)\ta child, of whom both persons are the parents, has been born (whether or not the child is still living); or\n\t(c)\tthe person is, on that date, in a registered relationship with the other person.\n\t(2)\tSubject to subsection (2a), a person whose rights depend on whether—\n\t(a)\tthe person and another person; or\n\t(b)\t2 other persons,\nwere, on a certain date, putative spouses 1 of the other may apply to the Tribunal for a determination under this section.\n\t(2a)\tA person whose rights depend on whether—\n\t(a)\tthe person and another person; or\n\t(b)\t2 other persons,\nwere, on a certain date, in a registered relationship may provide evidence that they or those persons, were, on that date, in the registered relationship by producing a certificate issued by the Registrar of Births, Deaths and Marriages under section 21 of the Relationships Register Act 2016.\n\t(3)\tIf it is proved to the satisfaction of the Tribunal that the persons in relation to whom the determination under this section is sought did, on the date in question, fulfil the requirements of subsection (1), the Tribunal must make a determination accordingly.\n\t(4)\tA determination may be made under this section—\n\t(a)\twhether or not 1 or both of the persons in relation to whom the determination is sought are, or have ever been, domiciled in this State; or\n\t(b)\tdespite the fact that 1 or both of them are dead.\n\t(5)\tIt must not be inferred from the fact that the Tribunal has determined that 2 persons were putative spouses 1 of the other, on a certain date, that they were putative spouses as at any prior or subsequent date.\n4B—Restriction on publication of proceedings\n\t(1)\tProtected information is information relating to an application under section 4A (including images) that identifies, or may lead to the identification of—\n\t(a)\tan applicant; or\n\t(b)\ta person who is related to, or associated with, an applicant or is, or is alleged to be, in any other way connected in the matter to which the proceedings relate; or\n\t(c)\ta witness to the hearing of the application.\n\t(2)\tA person who publishes protected information is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 1 year.\n\t(3)\tA person who discloses protected information knowing that, in consequence of the disclosure, the information will, or is likely to, be published is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 1 year.\n\t(4)\tThis section does not apply to—\n\t(a)\tthe publication or disclosure of material—\n\t(i)\tby a court or the Tribunal or an employee of the Courts Administration Authority, provided that such publication or disclosure is made in connection with the administrative functions of the court or Tribunal; or\n\t(ii)\tfor purposes associated with the administration of this Act; or\n\t(b)\tthe publication in printed or electronic form of material that—\n\t(i)\tconsists solely or primarily of the reported judgements or decisions of a court or the Tribunal; or\n\t(ii)\tis of a technical nature designed primarily for use by legal practitioners.\nnewspaper means a newspaper, journal, magazine or other publication that is published at periodic intervals;\npublish means publish by newspaper, radio or television, or on the internet, or by some other similar means of communication to the public.\n5—Superannuation arrangements\n\t(1)\tSubject to subsection (2), the Board may enter into arrangements with—\n\t(a)\tan instrumentality or agency of the Crown; or\n\t(b)\ta prescribed authority, body or person,\nunder which the employees of that instrumentality, agency, authority, body or person become eligible to apply to be accepted as contributors.\n\t(1a)\tAn arrangement under subsection (1) may modify the provisions of this Act in their application to, or in relation to, employees to which the arrangement relates but not so as to put those employees in a more advantageous position than other contributors.\n\t(1b)\tAn arrangement may be varied at any time by agreement between the Board and the instrumentality, agency, authority, body or person.\n\t(2)\tAn arrangement under subsection (1) is not effective unless its terms are approved by the Minister.\n\t(2a)\tIf an instrumentality or agency of the Crown that has entered into an arrangement with the Board under this section ceases to be an instrumentality or agency of the Crown, the Minister may by written notice to the Board and to the former instrumentality or agency of not less than 1 month—\n\t(a)\tdeclare that benefits will cease accruing to contributors in respect of their employment with the former instrumentality or agency; and\n\t(b)\tvary the terms of the arrangement in such manner as he or she thinks fit.\n\t(3)\tSubject to subsection (4), an instrumentality or agency of the Crown or an authority, body or person who has entered into an arrangement with the Board under this section (whether before or after the commencement of the Superannuation (Scheme Revision) Amendment Act 1992) may, by written notice to the Board of not less than 1 month, declare that benefits will cease accruing to contributors in respect of employment with the instrumentality, agency, authority, body or person.\n\t(4)\tA declaration cannot be made under subsection (3)—\n\t(a)\twithout the approval in writing of a majority of those persons who—\n\t(i)\tare contributors by virtue of the arrangement; and\n\t(ii)\tare currently employed by the instrumentality, agency, authority, body or person; and\n\t(b)\tunless the Board has given its approval to the declaration.\n\t(5)\tBefore giving its approval under subsection (4)(b), the Board must have obtained from an actuary an actuarial assessment of the account (if any) established to meet the employer component of benefits that have accrued to employees of the instrumentality, agency, authority, body or person under this Act.\n\t(6)\tWhen giving its approval under subsection (4)(b), the Board must be satisfied on the basis of the actuary's assessment that the amount standing to the credit of the account will be sufficient to meet the employer component of benefits.\n\t(7)\tThe following provisions apply on the cessation of the accrual of benefits under subsection (2a) or (3):\n\t(a)\tthose contributors currently employed by the instrumentality, agency, authority, body or person who are of or over the age of 60 years will be taken for the purposes of this Act to have retired from employment; and\n\t(b)\tthose contributors currently employed by the instrumentality, agency, authority, body or person who have not reached the age of 60 years will be taken for the purposes of this Act to have resigned from employment; and\n\t(c)\tsection 28 or 39 (as the case requires) applies to and in relation to a contributor referred to in paragraph (b) despite the fact that he or she is of or over the age of 55 years; and\n\t(d)\ta contributor referred to in paragraph (b) who has elected to preserve his or her benefits is not entitled to them (except on account of incapacity) until—\n\t(i)\the or she has reached the age of 55 years and has ceased to be employed by the instrumentality, agency, authority, body or person; or\n\t(ii)\the or she has reached the age of 60 years.\n","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"Part 2—Administration\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"The Board","content":"Division 1—The Board\n6—The Board\n\t(1)\tThe Board continues in existence.\n\t(2)\tThe Board is a body corporate.\n\t(3)\tThe Board has full juristic capacity to exercise powers that are by their nature capable of being exercised by a body corporate.\n\t(4)\tIf a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Board.\n7—Functions of the Board\n\t(1)\tThe Board is responsible to the Minister for all aspects of the administration of this Act except the management and investment of the Fund.\n\t(2)\tThe Board may, with the approval of the Minister and in accordance with any directions of the Minister, administer other public sector superannuation schemes.\n8—Board's membership\n\t(1)\tThe Board consists of the following members:\n\t(a)\ta presiding member (who must not be an employee) appointed by the Governor; and\n\t(b)\t2 members elected by—\n\t(i)\tthe contributors; and\n\t(ii)\tthe members and spouse members of the Triple S scheme; and\n\t(iii)\tpersons provided with investment services or other products or services pursuant to regulations under section 30(2)(g) of the Southern State Superannuation Act 2009; and\n\t(c)\t2 members appointed by the Governor on the Minister's nomination.\n\t(2)\tA person who is employed in duties connected with the administration of this Act or the Southern State Superannuation Act 2009 is not eligible to be elected as a member of the Board.\n\t(3)\tThe Governor may appoint a deputy to a member of the Board and the deputy may, in the absence or during a temporary vacancy in the office of that member, act as a member of the Board.\n\t(4)\tSubject to subsection (5), a member of the Board will be appointed or elected for a term not exceeding 3 years.\n\t(5)\tA member appointed or elected to fill a casual vacancy will be appointed or elected for the balance of the term of his or her predecessor.\n\t(6)\tThe office of a member of the Board becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed or re-elected; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis removed from office by the Governor on the ground of—\n\t(i)\tmental or physical incapacity to carry out official duties satisfactorily; or\n\t(ii)\tneglect of duty; or\n\t(iii)\tmisconduct.\n\t(7)\tIf the office of an elected member becomes vacant, the Governor may appoint to the vacant office a person nominated by the Public Service Association of South Australia Incorporated and the Australian Education Union (S.A. Branch).\n9—Board proceedings\n\t(1)\tA meeting will be chaired by the presiding member or, in his or her absence, by a member chosen by those present.\n\t(2)\tSubject to subsection (3), the Board may act despite vacancies in its membership.\n\t(3)\t3 members constitute a quorum for a meeting of the Board.\n\t(4)\tA decision in which a majority of the members present at a meeting concur is a decision of the Board.\n\t(4a)\tA conference by telephone or other electronic means between members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if—\n\t(a)\tnotice of the conference is given to all members in the manner determined by the Board for that purpose; and\n\t(b)\teach participating member is capable of communicating with every other participating member during the conference.\n\t(4b)\tA proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—\n\t(a)\tnotice of the proposed resolution is given to all members in accordance with procedures determined by the Board; and\n\t(b)\ta majority of the members express concurrence in the proposed resolution by letter, telegram, telex, fax, email or other written communication setting out the terms of the resolution.\n\t(5)\tSubject to this Act, the Board may determine its own procedures.\n\t(6)\tThe Board must keep minutes of its proceedings.\n10—Staff of Board\n\t(1)\tThe Board may, with the Minister's approval, appoint staff to assist it in carrying out its responsibilities under this or any other Act.\n\t(2)\tA person appointed under subsection (1) is not a Public Service employee.\n\t(3)\tThe Board may, with the approval of a Minister responsible for a particular administrative unit of the Public Service, make use of the staff or facilities of that administrative unit.\n\t(4)\tA person appointed under subsection (1) or staff referred to in subsection (3) may assist in the administration of other superannuation schemes or funds established or administered by the Board, or otherwise assist the Board in the performance or exercise of any other functions or powers.\n\t(5)\tWithout limiting subsection (4), a person appointed under subsection (1) or staff referred to in subsection (3) may also assist in the administration of other public sector superannuation schemes.\n\t(6)\tThe Board is declared not to be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth.\n10A—Delegation by the Board\n\t(1)\tThe Board may delegate any of the Board's powers or functions under this Act (except this power of delegation) to any person or body.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tdoes not derogate from the power of the Board to act in any matter; and\n\t(d)\tis revocable at will by the Board.\nDivision 3—The Fund\n17—The Fund\n\t(1)\tThe Fund continues in existence.\n\t(2)\tThe assets of the Fund belong (both at law and in equity) to the Crown.\n\t(3)\tThe Fund is subject to the management and control of the Superannuation Funds Management Corporation of South Australia.\n\t(4)\tThe Treasurer must pay into the Fund periodic contributions reflecting—\n\t(a)\tthe contributions paid to the Treasurer by contributors; and\n\t(b)\tany co-contribution paid to the Board on behalf of a contributor (but received by the Treasurer on behalf of the Board),\nwith respect to the relevant period.\n\t(5)\tAll interest and accretions arising from investment of the Fund must be paid into the Fund.\n\t(6)\tThe Fund will be treated as made up of 3 major divisions—\n\t(a)\t1 proportioned to—\n\t(i)\tthe aggregate balance, as at a date determined by the Board, of contribution accounts maintained in the names of old scheme contributors;\n\t(ii)\tthe amount, as at the date referred to in subparagraph (i), that represents income of the Fund referable to old scheme contributors that is not reflected in contribution accounts;\n\t(iii)\tthe amount, as at the date referred to in subparagraph (i), that is referable to contributions of old scheme contributors whose contribution accounts have been closed;\n\t(iv)\tsubsequent contributions and payments referable to old scheme contributors;\n\t(v)\tsubsequent income of the Fund attributable to investment of this division of the Fund;\n\t(b)\t1 proportioned to—\n\t(i)\tthe aggregate balance, as at the date referred to in paragraph (a)(i), of contribution accounts maintained in the names of new scheme contributors; and\n\t(ii)\tsubsequent contributions and payments referable to new scheme contributors; and\n\t(iii)\tsubsequent income of the Fund attributable to investment of this division of the Fund;\n\t(c)\t1 proportioned to the aggregate balance of co‑contribution accounts to the extent that they hold the amount of any co‑contributions that have been paid to the Board.\n\t(7)\tThe following amounts will be paid from the Fund:\n\t(a)\tadministrative costs and other expenses related to the management and investment of the Fund;\n\t(b)\tthe prescribed percentage of the other costs of administering this Act;\n\t(c)\tany reimbursement of the Consolidated Account or a special deposit account that the Treasurer charges against the Fund under this Act.\n\t(8)\tThe Superannuation Funds Management Corporation of South Australia must determine the value of each division of the Fund as at the end of each financial year.\n19—Investment of the Fund\n\t(1)\tThe Fund will be invested in a manner determined by the Superannuation Funds Management Corporation of South Australia.\n\t(2)\tThe Corporation may enter into transactions affecting the Fund—\n\t(a)\tfor the purpose of investment; or\n\t(b)\tfor purposes incidental, ancillary or otherwise related to investment.\n","sortOrder":4},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Accounts","content":"Division 3A—Accounts\n20A—Contributors' accounts\n\t(1)\tThe Board will maintain accounts in the names of all contributors and each account will state whether the contributor is an old scheme contributor or a new scheme contributor.\n\t(2)\tA contributor's account must be debited with any payment that is, under this Act, to be charged against that account.\n\t(3)\tAt the end of each financial year, each contributor's account that has a credit balance will be varied—\n\t(a)\tif the account is in the name of an old scheme contributor—to reflect a rate of return determined by the Board in relation to the contribution accounts of old scheme contributors for the relevant financial year;\n\t(b)\tif the account is in the name of a new scheme contributor—to reflect a rate of return determined by the Board in relation to the contribution accounts of new scheme contributors for the relevant financial year.\n\t(4)\tIn determining a rate of return for the purposes of subsection (3), the Board should have regard to—\n\t(a)\tthe net rate of return achieved by investment of the relevant division of the Fund over the financial year or, if a new scheme contributor has made a nomination under subsection (4a), the net rate of return achieved by the class of investments, or the combination of classes of investments, nominated by the contributor; and\n\t(b)\tthe desirability of reducing undue fluctuations in the rate of return on contributors' accounts.\n\t(4a)\tIf the Fund is invested in different classes of investments, the Board may, with the agreement of the Superannuation Funds Management Corporation of South Australia, permit new scheme contributors, on such terms and conditions as it thinks fit, to nominate the class of investments, or the combination of classes of investments, for the purpose of determining the rate of return under this section.\n\t(4b)\tIf a contributor, after nominating a class of investments under subsection (4a), subsequently varies the nominated class of investments, the Board may charge a fee (to be fixed by the Board) to the contributor's contribution account in a manner determined by the Board.\n\t(5)\tIf, in accordance with subsection (4)(b), the Board determines a rate of return that is at variance with the net rate of return achieved by investment of the relevant division of the Fund, the Board must include its reasons for the determination in its report for the relevant financial year.\n\t(6)\tIf it is necessary to determine the balance of a contributor's account and the Board has not yet determined a rate of return in relation to the relevant financial year, the balance will be determined by applying a percentage rate of return on accounts estimated by the Board.\n\t(6a)\tA balance determined under subsection (6) will not be adjusted when a rate of return is subsequently determined under subsection (3).\n\t(7)\tA reference in this section to rate of return is a reference to a positive or a negative rate of return.\n20ABA—Co-contribution accounts\nThe Board must—\n\t(a)\testablish a co-contribution account in the name of a contributor in respect of whom a co‑contribution has been paid to the Board; and\n\t(b)\tcredit the account with the amount of any co‑contribution paid to the Board in respect of the contributor; and\n\t(c)\timmediately on a co‑contribution account being credited with the amount of a co‑contribution—transfer the amount to a co‑contribution account maintained by the Board in the name of the contributor in the Southern State Superannuation Fund; and\n\t(d)\tadvise the contributor in writing that—\n\t(i)\tthe co-contribution has been transferred to the Southern State Superannuation Fund; and\n\t(ii)\tthe contributor is, by virtue of the Southern State Superannuation Act 2009, a member of the Triple S scheme.\n20AB—Other accounts to be kept by Board\n\t(1)\tThe Board must keep proper accounts of receipts and payments relating to the payment of benefits under this Act.\n\t(2)\tThe Auditor-General may at any time, and must at least once in each year, audit the accounts kept by the Board under subsection (1).\n","sortOrder":5},{"sectionNumber":"Div 3B","sectionType":"division","heading":"Payment of benefits","content":"Division 3B—Payment of benefits\n20B—Payment of benefits\n\t(1)\tA benefit or other entitlement payable under this Act must be paid out of the Consolidated Account (which is appropriated to the necessary extent) or out of a special deposit account established by the Treasurer for the purpose.\n\t(2)\tIf any such payment, or a proportion of any such payment, is, under this Act, to be charged against the contributor's contribution account or against the Fund, the Treasurer may reimburse the Consolidated Account or special deposit account by charging the relevant division of the Fund with the amount of that payment or the relevant proportion of that payment (as the case requires).\n\t(3)\tIf any such payment, or a proportion of any such payment, relates to a rollover account or a co‑contribution account, an amount equal to the amount of the payment is to be charged against the appropriate account and the Treasurer may reimburse the Consolidated Account or special deposit account by charging the relevant division of the Fund with the amount of that payment or the relevant proportion of that payment (as the case requires).\n\t(4)\tThis section does not apply in relation to an administered scheme under Schedule 3.\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Reports","content":"Division 4—Reports\n21—Reports\n\t(1)\tThe Board must, on or before 31 October in each year submit a report to the Minister on the operation of this Act during the financial year ending on 30 June in that year.\n\t(4)\tThe Minister must, in relation to the triennium ending 30 June 1992, and thereafter in relation to each succeeding triennium, obtain a report within 12 months after the end of the relevant triennium—\n\t(a)\ton the cost of the Scheme to the Government at the time of the report and in the foreseeable future; and\n\t(b)\testimating the proportion of future benefits under Part 5 that can be met from the Fund.\n\t(4a)\tA report under subsection (4) must be prepared by an actuary, not being a member of the Board, appointed by the Minister.\n\t(5)\tThe Minister must, within 6 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\n","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Contributors, contribution and contribution points","content":"Part 3—Contributors, contribution and contribution points\n22—Entry of contributors to the scheme\n\t(1)\tThe Board may, on the application of an employee, accept the employee as a contributor.\n\t(2)\tAn application can only be made in a manner approved by the Board.\n\t(3)\tThe Board may require an applicant to provide satisfactory evidence of the state of the applicant's health.\n\t(4)\tThe cost of any medical examination to which an applicant is required to submit under subsection (3) will be paid by the Board.\n\t(5)\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 an activity of a prescribed kind that increases the risk of invalidity or premature death; or\n\t(c)\tthat the applicant is likely in the future to engage in an activity of a kind referred to in paragraph (b),\nthe Board may accept the application on conditions (being conditions authorised by the regulations) limiting the benefits payable under this Act in the event of the contributor's invalidity or death before the age of 55 years (and such a condition prevails over this Act to the extent of any inconsistency).\n\t(5a)\tUnless conditions referred to in subsection (5) provide otherwise, a contributor whose benefits in the event of invalidity or death are limited by conditions under that subsection or by conditions referred to in clause 7 of Schedule 1 is not entitled to a disability pension under Part 4 or 5 in respect of the illness, condition or disability to which the limitations relate during the period of 5 years from the commencement of this Act or the contributor's acceptance into the Scheme whichever is the later.\n\t(6)\tIf an applicant—\n\t(a)\tis a contributor to some other superannuation scheme funded wholly or in part by the applicant's employer; or\n\t(b)\treceives an allowance or salary loading related to superannuation,\nthe Board will, unless there is good reason to the contrary, reject the application.\n\t(7)\tThe Board cannot accept an application from a person who is employed on a casual basis.\n\t(8)\tIf it appears to the Board that a contributor withheld information required in relation to his or her application for membership of the Scheme, the Board may withhold or reduce a benefit under this Act (other than one that is to be charged against the contributor's contribution account).\n\t(9)\tThe contribution period of an employee accepted as a contributor will commence on the date fixed for that purpose by the Board.\n\t(10)\tSubject to this section, an application for acceptance as a contributor under subsection (1) must be made on or before 3 May 1994.\n\t(11)\tA person who commenced employment to which this Act applies on or after 3 February 1994 pursuant to a written offer received by the person on or before 3 May 1994 may make an application for acceptance as a contributor under subsection (1) on or before 3 August 1994 or the expiration of 3 months after the employment commenced whichever is the later.\n\t(12)\tAn application under subsection (1) will be taken to have been made on the day on which the application was received by the Board.\n\t(13)\tAn employee who is not a person referred to in subsection (11) may apply for acceptance as a contributor under subsection (1) on or after 4 May 1994 and before 1 July 1995 but if accepted the contributor will—\n\t(a)\tbe a member of the Triple S scheme on and from 1 July 1995 and will be taken to have elected to contribute to that scheme at the rate of 6 per cent of salary; and\n\t(b)\twill be taken to be under the age of 55 years and to resign from employment for the purposes of this Act on 30 June 1995 and to carry over the employee component of his or her accrued superannuation benefits on 1 July 1995 to his or her member's contribution account under the Triple S scheme and to carry over the employer component of those benefits on 1 July 1995 to his or her employer contribution account under that scheme.\n\t(14)\tAn employee may make an application for acceptance as a contributor under subsection (1) on or after 4 May 1994 if he or she—\n\t(a)\thad been a member of the Police superannuation scheme; and\n\t(b)\thad resigned or retired from the employment that entitled him or her to membership of that scheme in order to take up employment to which this Act applies; and\n\t(c)\thad taken up that employment within 3 months after resignation or retirement from the previous employment; and\n\t(d)\tin the case of resignation from the previous employment, had preserved his or her benefits under the Police superannuation scheme.\n\t(15)\tSubject to subsection (16), the application referred to in subsection (14) must be made within 3 months after the employee commences employment to which this Act applies.\n\t(16)\tAn employee referred to in subsection (14) who commenced employment to which this Act applies during the period commencing on 3 February 1994 and ending on the commencement of the Superannuation (Employee Mobility) Amendment Act 1997 may make an application for acceptance as a contributor under subsection (1) within 3 months after the commencement of that Act.\n\t(17)\tThe Board may not refuse an application by an employee referred to in subsection (14) on medical grounds and the only conditions that the Board may place on its acceptance of such an application are those conditions (if any) to which the employee's membership of the Police superannuation scheme had been subject immediately before his or her retirement or resignation from the previous employment.\n\t(18)\tAn employee referred to in subsection (14) who is accepted as a contributor under subsection (1) is only entitled to his or her benefits under the Police superannuation scheme after his or her employment to which this Act applies has terminated.\n\t(19)\tIn this section—\nPolice superannuation scheme means the old or new scheme of superannuation established by the Police Superannuation Act 1990.\n23—Contribution rates\n\t(1)\tSubject to this section, a contributor will make contributions to the Treasurer at the standard contribution rate until termination of the contributor's employment.\n\t(2)\tSubject to subsection (2a), a contributor may elect—\n\t(a)\tto contribute at any 1 of the following rates:\n3.0%\n4.5%\n6.0%\n7.5%\n9.0%;\n\t(b)\tto cease contributing;\n\t(c)\tin the case of a contributor whose standard contribution rate is not 6%—to contribute at the contributor's standard contribution rate.\n\t(2a)\tA contributor who is employed pursuant to a TEC contract must contribute at the contributor's standard contribution rate or at a higher rate referred to in subsection (2) unless he or she was contributing at a lower rate during the financial year in which the term of the contract commenced in which event he or she must contribute at that rate or a higher rate referred to in subsection (2).\n\t(2b)\tSubsection (2a) operates in relation to the financial year following the financial year in which section 5A of the Superannuation (Miscellaneous) Amendment Act 2000 comes into operation and in relation to subsequent financial years.\n\t(3)\tSubject to subsection (3a), an election under subsection (2) can only be made in a manner approved by the Board and will operate as from the commencement of a financial year (and only elections received by the Board 2 months or more before the commencement of a particular financial year will operate in relation to that financial year).\n\t(3a)\tIf the Board is satisfied that a contributor needs to reduce his or her contributions because of financial hardship, the Board may permit the contributor to make an election under subsection (2) that will operate before the commencement of the next financial year.\n\t(4)\tA contributor's contributions will be fixed in relation to each financial year, as from a day in that financial year determined by the Board—\n\t(a)\ton the basis of the contributor's salary as at the 31st day of March last preceding the commencement of the financial year or, if the contributor's hours of employment have increased or decreased between that date and the commencement of the financial year, on the basis of the contributor's salary following the last such increase or decrease in the hours of employment; but\n\t(i)\tif the contributor had not then commenced his or her employment, the contributions will be fixed on the basis of the contributor's commencing salary;\n\t(ii)\tif the contributor was then on leave without pay or at a reduced rate of pay, the contributions will be fixed on the basis of the salary that the contributor would then have been receiving if not on leave;\n\t(iii)\tif the contributor's employment is of a casual nature, the contributions will be fixed on the basis of a notional salary fixed by the Board in relation to the contributor;\n\t(iv)\tif after the date on which contributions for a particular financial year are fixed there is a reduction in the contributor's salary resulting from a reduction in hours of work (other than a temporary reduction of less than 2 weeks' duration), there will be a proportionate reduction in the contributor's contributions (but such a contributor may, with the Board's approval, elect to contribute as if there had been no reduction in salary and in that event benefits payable under this Act will be calculated as if there had been no reduction of salary);\n\t(v)\tif the reason for the reduction in hours of work is an illness or injury suffered by the contributor, an election under subparagraph (iv) may, with the Board's approval, operate during subsequent years despite paragraph (a).\n\t(5)\tIf over a particular period a contributor 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) but if the aggregate of the weekly payments and the salary (if any) of the contributor is less than the salary that the contributor would have received if not incapacitated, the Board may allow a proportionate reduction in the amount of the contributions for that period.\n\t(6)\tThe following provisions apply to leave without pay—\n\t(a)\tany period of leave without pay of 2 weeks or less will be treated as a period of employment in respect of which contributions are payable;\n\t(b)\tif leave without pay is taken for a continuous period exceeding 2 weeks, no contribution is payable in respect of that period unless the contributor elects to contribute and the election is approved by the Board (but such an election in respect of more than 12 months' leave without pay can only be made—\n\t(i)\tif the Board is satisfied with arrangements that have been made for reimbursement of the cost of benefits attributable to that period; and\n\t(ii)\tin circumstances in which the approval is authorised by the regulations).\n\t(6a)\tIf a contributor has been, or will be, on leave for more than 12 months and the period of leave is, or will be, made up of 2 or more components of leave without pay connected by 1 or more components of paid leave, an election under subsection (6)(b) in relation to a component of that period that will extend it beyond 12 months or that commences after the first 12 months of the period has passed must comply with the requirements of that subsection even though the component itself is less than 12 months in duration.\n\t(7)\tAn old scheme contributor will cease to contribute if—\n\t(a)\tbefore termination of the contributor's employment the following conditions are satisfied:\n\t(i)\tin the case of a person who was accepted as a contributor under the repealed Act—the contributor is of or above the age of retirement and has—\n\t(A)\tan aggregate of 360 contribution points; or\n\t(B)\tan aggregate number of contribution points equal to the number of months between the date on which he or she became a contributor and the date on which he or she reached the age of retirement,\nwhichever is the greater number;\n\t(ii)\tin the case of a person who was accepted as a contributor before the commencement of the repealed Act—the contributor is of or above the age of retirement and has an aggregate of 360 contribution points; or\n\t(b)\ton retirement he or she would be entitled to the maximum pension prescribed by section 34(5).\n24—Contribution points\n\t(1)\tA contributor conforms to the theoretical standard if the contributor—\n\t(a)\tis employed on a full-time basis; and\n\t(b)\tcontributes at the standard rate of contribution.\n\t(2)\tContribution points accrue to a contributor who conforms to the theoretical standard at the rate of 1 point for each contribution month.\n\t(3)\tSubject to subsection (5), if a contributor does not conform to the theoretical standard, a proportion of 1 contribution point (which may exceed unity) accrues to the contributor in respect of a contribution month equal to the proportion that the amount actually contributed in respect of that month bears to the amount that would have been contributed if the contributor had conformed to the theoretical standard.\n\t(4)\tA contributor's extrapolated contribution points as at an entitlement day are calculated as follows:\n\t(a)\tif the contributor has then reached the age of retirement—the number is, subject to subsection (5), the aggregate of the accrued contribution points;\n\t(b)\tin any other case—\n\t(i)\tif the contributor has been in full-time employment throughout the contribution period—the number is, subject to subsection (5), the aggregate of the accrued contribution points plus a number equal to the number of months' difference between the contributor's age as at the entitlement day and the age of retirement (an incomplete month being counted as a whole month);\n\t(ii)\tif the contributor has not been in full-time employment throughout the contribution period—the number is, subject to subsection (5), the aggregate of the accrued contribution points plus the relevant proportion of the number of months' difference between the contributor's age as at the entitlement day and the age of retirement (an incomplete month being counted as a whole month).\n\t(5)\tWhen the aggregate of a contributor's accrued contribution points are to be calculated as at an entitlement day, the aggregate cannot exceed—\n\t(a)\tin the case of a contributor who was in full-time employment throughout the contribution period—the number of months of the contribution period;\n\t(b)\tin any other case—the relevant proportion of the number of months of the contribution period.\n\t(6)\tThe reference in subsections (4) and (5) to the relevant proportion is a reference to a proportion arrived at by expressing the contributor's employment while an active contributor as a proportion of full-time employment.\n25—Attribution of additional contribution points and contribution months\n\t(1)\tThe Minister may, in appropriate cases—\n\t(a)\tattribute additional contribution points to a contributor;\n\t(b)\tattribute additional contribution months to a contributor.\n\t(2)\tThe Minister must provide the Board with details of the attribution of contribution points or months under subsection (1) and the Board must include those details in its report to the Minister under Division 4 of Part 2.\n","sortOrder":8},{"sectionNumber":"Part 4","sectionType":"part","heading":"Superannuation benefits—new scheme contributors","content":"Part 4—Superannuation benefits—new scheme contributors\n26—Application of this Part\nThis Part applies only to new scheme contributors.\n26A—Transition to retirement\n\t(1)\tA contributor may apply to the Board for the benefit of this section if—\n\t(a)\tthe contributor has reached—\n\t(i)\tthe age of 55 years; and\n\t(ii)\this or her preservation age; and\n\t(b)\tthe contributor has entered into an arrangement with his or her employer—\n\t(i)\tto reduce his or her hours of work; or\n\t(ii)\tto alter his or her duties,\nor both, with the effect that there is a reduction in the contributor's salary; and\n\t(c)\tthe purpose for establishing the arrangement referred to in paragraph (b) relates to the proposed retirement of the contributor in due course (including by allowing the contributor to scale down his or her work in the lead‑up to retirement).\n\t(2)\tThe Board may require that an application under subsection (1)—\n\t(a)\tbe made in such manner as the Board thinks fit; and\n\t(b)\tbe accompanied by such information or other material specified by the Board to assist the Board to be satisfied as to the matters set out in paragraphs (b) and (c) of that subsection.\n\t(3)\tIf the Board is satisfied that a valid application has been made under subsection (1), an entitlement will arise as follows:\n\t(a)\tthe Board will determine a benefit (a draw down benefit) on the basis of the contributor's application and on the basis that the maximum draw down benefit to which the contributor is entitled will be determined as follows:\n\nB is the maximum draw down benefit\nSP is the amount that would be payable under section 27 and 47B if the contributor had retired from employment immediately before the date of the determination\nFS is the contributor's actual salary immediately before the commencement of the arrangement envisaged by subsection (1)(b)\nNS is the contributor's actual salary on the commencement of the arrangement envisaged by subsection (1)(b);\n\t(b)\tthe Board will then, according to an election made by the contributor as part of his or her application to the Board for the benefit of this section, invest (on behalf of and in the name of the contributor) the draw down benefit—\n\t(i)\twith the Superannuation Funds Management Corporation of South Australia; or\n\t(ii)\twith another entity that will provide a non‑commutable income stream for the contributor while the contributor continues to be employed in the workforce,\nso that the contributor receives (and only receives) a payment in the form of a pension or an annuity (a draw down payment) on account of the benefit.\n\t(4)\tThe investment of a draw down benefit under subsection (3)(b)(i) will be on terms and conditions determined by the Board.\n\t(5)\tAn entitlement to a draw down payment is not commutable.\n\t(6)\tHowever—\n\t(a)\ta contributor may, after commencing to receive a draw down payment and before retiring from employment under this Act, take steps to bring the investment to an end and pay the balance of the investment into a rollover account (which may need to be established) in the name of the contributor as if the balance were being carried over from another superannuation scheme into the scheme pursuant to section 47B; and\n\t(b)\tthe value of an investment under subsection (3)(b)(i) may be redeemed in due course under subsection (11).\n\t(7)\tWhen the Board has determined a draw down benefit—\n\t(a)\tthe account maintained by the Board in the name of the contributor under section 20A, and any account maintained for the purposes of section 47B, will be immediately adjusted by a percentage equal to the percentage that the draw down benefit bears to the total benefit that would have been payable had the contributor retired from employment to take into account the payment of the draw down benefit; and\n\t(b)\tthe contributions payable by the contributor under section 23 will (despite any provision made by section 23 to the contrary)—\n\t(i)\tbe fixed on the basis of the contributor's salary under the arrangement established with his or her employer (for so long as the arrangement continues); and\n\t(ii)\tas so fixed, be payable in respect of this salary from the first full pay period after the Board's determination of the draw down benefit; and\n\t(iii)\tbe at the contributor's standard contribution rate under that section; and\n\t(c)\tthe contributor's contribution points will accrue, from the date of the determination until the cessation of the relevant arrangement (unless the contributor ceases to make the contributions envisaged by paragraph (b)), at a rate for each contribution month determined as follows:\n\nCP is a proportion of 1 contribution point\nAS is the contributor's actual salary under the relevant arrangement (as adjusted from time to time)\nFSA is the contributor's actual salary immediately before the commencement of the relevant arrangement, adjusted from time to time to take into account any changes to the salary that would have occurred had the contributor not entered into the relevant arrangement but rather continued to be entitled to that salary.\n\t(8)\tIf the employment arrangements of a contributor who is receiving a draw down payment under this section alter so that there is an alteration in his or her salary—\n\t(a)\tin the case of a reduction in salary—the contributor may apply to the Board for a further benefit in accordance with the provisions of this section and this section will then apply to the application and with respect to the relevant arrangement—\n\t(i)\tas if FS under subsection (3)(a) is the contributor's actual salary immediately before the relevant reduction in salary; and\n\t(ii)\tas if NS is the contributor's actual salary immediately after the relevant reduction in salary; and\n\t(iii)\tby applying such other modifications as may be necessary for the purpose or as may be prescribed; and\n\t(b)\tin the case of an increase in salary—the draw down payment will continue as if the increase had not occurred and where the contributor makes contributions to the scheme under this Act in respect of the increase in salary the contributions payable by the contributor and the accrual of contribution points must be adjusted to take into account the increase.\n\t(9)\tWhen a contributor retires from employment (and is thus entitled to a benefit under section 27), the contributor's entitlement under section 27 will be adjusted in the manner prescribed by the regulations to take into account the draw down benefit provided under this section (and that section will then have effect accordingly).\n\t(10)\tIf a contributor's employment is terminated by the contributor's death, any entitlement under section 32 will be adjusted in the manner prescribed by the regulations to take into account the draw down benefit provided under this section (and that section will then have effect accordingly).\n\t(11)\tWhen a contributor retires or dies (whichever first occurs), an investment being held under subsection (3)(b)(i) may be redeemed (subject to any rules or requirements applicable to the exercise of a power of redemption).\n\t(12)\tA contributor may, in conjunction with an application under subsection (1), apply for any benefit that would be payable under section 32A as if the contributor had resigned from employment and, in such a case—\n\t(a)\tthe application will be taken to be an election under that section; and\n\t(b)\tthe amount of entitlement payable under that section will be added to the draw down benefit under subsection (3)(a) (and then invested under subsection (3)(b)).\n\t(13)\tDespite a preceding subsection, if the maximum draw down benefit under subsection (3)(a) is not sufficient to be invested under subsection (3)(b) to obtain a draw down payment—\n\t(a)\tunless paragraph (b) applies—the draw down benefit must be an amount equal to the minimum required to obtain a draw down payment (and subsection (3)(a) will apply accordingly);\n\t(b)\tif the minimum amount required to obtain a draw down payment is greater than SP under subsection (3)(a), the Board must reject the application under this section (and no entitlement will arise under subsection (3)).\n\t(14)\tThe determination of a benefit under this section must take into account the operation of any provision under Part 5A.\n\t(15)\tThe Governor may, by regulation, declare that any provision of this section is modified in prescribed circumstances (and the regulation will have effect according to its terms).\n27—Retirement\n\t(1)\tA contributor who retires from employment is entitled to a superannuation payment made up of 2 components—\n\t(a)\tan employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; and\n\t(b)\tan employer component calculated in accordance with the following provisions of this section.\n\t(2)\tThe employer component is the lesser of the following:\n\n(a)\n\n(b)\n\nFS is the contributor's actual or attributed salary immediately before retirement (expressed as an annual amount)\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 30 June 1992—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\nM is the number of months of the contributor's contribution period occurring after 30 June 1992\n\t(a)\tin relation to a contributor who is at retirement under the age of 60 years—the number of months by which the contributor's age falls short of 60 years;\n\t(b)\tin any other case—zero.\n\t(3)\tFor the purposes of this section, a contributor retires from employment if—\n\t(a)\tthe contributor has attained the age of 55 years; and\n\t(b)\tthe contributor's employment terminates or is terminated for any reason (except the contributor's death).\n\t(4)\tThis section does not apply to an outplaced employee who had reached the age of 55 years when he or she retired from employment unless he or she has made an election in accordance with section 28B to take the retirement benefit provided by this section.\n28—Resignation and preservation of benefits\n\t(1)\tA contributor who resigns from employment before reaching the age of 55 years may elect—\n\t(a)\tto take immediately an amount (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; or\n\t(b)\tto preserve his or her accrued superannuation benefits; or\n\t(c)\tto carry over his or her accrued superannuation benefits to some other superannuation fund or scheme approved by the Board.\n\t(1a)\tA contributor who fails to inform the Board in writing of his or her election under subsection (1) within 3 months after resignation will be taken to have elected to preserve his or her accrued superannuation benefits.\n\t(1b)\tIf the Board is of the opinion that the limitation period referred to in subsection (1a) would unfairly prejudice a contributor, the Board may extend the period as it applies to the contributor.\n\t(1c)\tIf a contributor resigns and elects to take the amount referred to in subsection (1)(a) the contributor is also entitled to a superannuation payment in accordance with the following provisions:\n\t(a)\tthe contributor may at any time require the Board to make the payment to some other superannuation fund or scheme approved by the Board;\n\t(ab)\tthe Board must—\n\t(i)\tnot less than 6 months before the contributor's 60th birthday—notify the contributor in writing of the contributor's entitlement to require the Board to make the payment under paragraph (b); and\n\t(ii)\tnot less than 6 months before the contributor's 55th birthday—notify the contributor in writing of the contributor's entitlement to require the Board to make the payment under paragraph (c);\n\t(b)\tthe contributor may at any time after reaching the age of retirement require the Board to make the payment and, if no such requirement has been made on or before the date on which the contributor reaches 65 years of age, the Board will make the payment;\n\t(c)\tif the contributor has reached the age of 55 years and is not employed by an employer within the meaning of the Commonwealth Act, the contributor may require the Board to make the payment to the contributor;\n\t(d)\tif the contributor has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board will make the payment to the contributor;\n\t(e)\tif the contributor dies, the payment will be made to the spouse of the deceased contributor or, if he or she left no surviving spouse, to the contributor'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(1d)\tThe amount of the superannuation payment referred to in subsection (1c) is the amount of the minimum contribution required to avoid payment of the superannuation guarantee charge in respect of the contributor under the Commonwealth Act together with interest from the date of resignation.\n\t(1e)\tThe amount of interest will be calculated and credited to the contributor at the end of each financial year and will be calculated on the amount referred to in subsection (1d) at the end of the first financial year and on the aggregate of that amount and the interest previously credited at the end of each subsequent financial year.\n\t(1f)\tThe rate of interest will be determined by the Board in respect of each financial year in accordance with section 20A.\n\t(2)\tIf the contributor elects to preserve his or her accrued superannuation benefits, the following provisions apply—\n\t(aa)\tthe Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the Board to make a superannuation payment under paragraph (a);\n\t(a)\tthe contributor may at any time after reaching 55 years of age require the Board to make a superannuation payment and, if no such requirement has been made on or before the date on which the contributor reaches 65 years of age, the Board will make such a payment;\n\t(b)\tif the contributor has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board will make the payment to the contributor;\n\t(c)\tif the contributor dies, a payment will be made to the spouse of the deceased contributor or, if he or she left no surviving spouse, to the contributor'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(3)\tA payment under subsection (2) will be made up of 2 components—\n\t(a)\tan employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; and\n\t(b)\tan employer component calculated in accordance with subsection (4).\n\t(4)\tThe employer component will be the lesser of the following:\n\n(a)\n\n(b)\n\nAFS is the contributor's actual or attributed salary as at the date of resignation (expressed as an annual amount)adjusted to reflect changes in the Consumer Price Index since the date of resignation\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 30 June 1992—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\nM is the number of months of the contributor's contribution period occurring after 30 June 1992\n\t(a)\tif the contributor is under the age of 60 years when the payment is made or where the contributor dies under the age of 60 years—the lesser of 60 and the number of months by which the contributor's age falls short of 60 years;\n\t(b)\tin any other case—zero.\n\t(5)\tIf the contributor elects to carry over his or her accrued superannuation benefits to an approved superannuation fund or scheme, the following provisions apply—\n\t(a)\tthe contributor 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; and\n\t(b)\ton being so satisfied the Board will make a payment on behalf of the contributor to the fund or scheme made up of 2 components—\n\t(i)\tan employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; and\n\t(ii)\tan employer component which will be the aggregate of the following amounts:\n\t(A)\tan amount equal to the lesser of twice the amount of the employee component or twice the amount that would have constituted the employee component if the contributor had contributed to the Scheme at the standard contribution rate throughout the contributor's contribution period; and\n\t(B)\tan amount calculated as follows:\n\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 30 June 1992—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\nFS is the contributor's actual or attributed salary immediately before resignation (expressed as an annual amount)\n\t(7)\tFor the purposes of this section, a contributor will be taken to resign if the contributor's employment terminates or is terminated for any reason except invalidity (in circumstances entitling the contributor to benefits under this Act), retrenchment or death.\n\t(8)\tThis section does not apply to, or in relation to, an outplaced employee who resigned from employment before reaching the age of 55 years unless he or she has made an election in accordance with section 28C to preserve his or her accrued superannuation benefits under this section or is taken under section 28C to have made such an election.\n28A—Resignation pursuant to a voluntary separation package\n\t(1)\tThis section applies to a contributor if the contributor makes an election under subsection (1a) on the basis that the contributor is a contributor who resigns from his or her employment before reaching the age of 55 years pursuant to a voluntary separation package—\n\t(a)\tthat includes a term that this section is to apply to the contributor; and\n\t(b)\tthat has been approved by the Treasurer.\n\t(1a)\tAn election under subsection (1) must be made within 3 months after resignation.\n\t(2)\tSection 28 does not apply to a contributor to whom this section applies (but if an election is not made under subsection (1a) then section 28 will be taken to apply to the contributor).\n\t(3)\tA contributor to whom this section applies is entitled to a lump sum made up of—\n\t(a)\tan employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of that account; and\n\t(b)\tan employer component that is equal to the lesser of twice the amount of the employee component or twice the amount that would have constituted the employee component if the contributor had contributed to the Scheme at the standard contribution rate throughout the contributor's contribution period.\n\t(3a)\tA part of the lump sum referred to in subsection (3) being an amount equivalent to the minimum contribution required to avoid payment of the superannuation guarantee charge in respect of the contributor under the Commonwealth Act is preserved.\n\t(3b)\tThe contributor is entitled to the balance of the lump sum at the time of resignation.\n\t(3c)\tThe amount preserved under subsection (3a) together with interest is payable in accordance with the following provisions:\n\t(aa)\tthe Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the Board to pay the amount under paragraph (a);\n\t(a)\tthe contributor may at any time after reaching 55 years of age require the Board to pay the amount and, if no such requirement has been made on or before the date on which the contributor reaches 65 years of age, the Board will pay the amount to the contributor;\n\t(b)\tif the contributor has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board will pay the amount to the contributor;\n\t(c)\tif the contributor dies, the amount will be paid to the spouse of the deceased contributor or, if he or she left no surviving spouse, to the contributor'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(3d)\tThe amount of interest will be calculated and credited to the contributor at the end of each financial year and will be calculated on the amount referred to in subsection (3a) at the end of the first financial year and on the aggregate of that amount and the interest previously credited at the end of each subsequent financial year.\n\t(3e)\tThe rate of interest will be determined by the Board in respect of each financial year in accordance with section 20A.\n\t(4)\tIn this section—\nvoluntary separation package means an agreement between a contributor and his or her employer pursuant to which the contributor resigns from employment.\n28B—Outplaced employees—55 and over\n\t(1)\tA contributor who had reached the age of 55 years when he or she retired from employment to take up employment in the private sector pursuant to an offer of employment in a contracting out agreement may elect—\n\t(a)\tto take the retirement benefit provided by section 27; or\n\t(b)\tto preserve his or her accrued superannuation benefits under section 28 as though he or she had resigned from employment before reaching the age of 55 years.\n\t(2)\tA contributor who fails to inform the Board in writing of his or her election under subsection (1) within 1 month after retiring will be taken to have made an election under subsection (1)(b).\n\t(3)\tIf the Board is of the opinion that the limitation period referred to in subsection (2) would unfairly prejudice a contributor, the Board may extend the period as it applies to the contributor.\n\t(4)\tIf a contributor has made, or is taken to have made, an election under subsection (1)(b), section 28 applies to, and in relation to, the contributor except that he or she is not entitled to require the Board to make a superannuation payment under section 28(2)(a), and the Board must not make such a payment under that provision, until the contributor has ceased employment with the private sector employer.\n28C—Outplaced employees under 55\n\t(1)\tA contributor who had not reached the age of 55 years when he or she resigned from employment to take up employment in the private sector pursuant to an offer of employment in a contracting out agreement may elect—\n\t(a)\tto preserve his or her accrued superannuation benefits under section 28; or\n\t(b)\tto take the benefits provided by section 28A.\n\t(2)\tA contributor who fails to inform the Board in writing of his or her election under subsection (1) within 1 month after resigning will be taken to have made an election under subsection (1)(a).\n\t(3)\tIf the Board is of the opinion that the limitation period referred to in subsection (2) would unfairly prejudice a contributor, the Board may extend the period as it applies to the contributor.\n\t(4)\tIf a contributor has made, or is taken to have made, an election under subsection (1)(a), section 28 applies to, and in relation to, the contributor except that he or she is not entitled to require the Board to make a superannuation payment under section 28(2)(a), and the Board must not make such a payment under that provision, until the contributor has reached the age of 55 years and has ceased employment with the private sector employer.\n\t(5)\tIf a contributor has made an election under subsection (1)(b), section 28A applies to the contributor as though the requirements of section 28A(1) had been met.\n29—Retrenchment\n\t(1)\tIf the employment of a contributor who has not reached the age of 55 years is terminated by retrenchment, the contributor may elect—\n\t(a)\tto take a lump sum payment; or\n\t(b)\tto preserve his or her superannuation benefits.\n\t(1a)\tA contributor who fails to inform the Board in writing of his or her election under subsection (1) within 3 months after retrenchment will be taken to have elected to preserve his or her superannuation benefits.\n\t(1b)\tIf the Board is of the opinion that the limitation period referred to in subsection (1a) would unfairly prejudice a contributor, the Board may extend the period as it applies to the contributor.\n\t(2)\tA lump sum payment under this section will be made up of 2 components—\n\t(a)\tan employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; and\n\t(b)\tan employer component which will be the aggregate of the following amounts:\n\t(i)\tan amount equal to the lesser of twice the amount of the employee component or twice the amount that would have constituted the employee component if the contributor had contributed to the Scheme at the standard contribution rate throughout the contributor's contribution period; and\n\t(ii)\tan amount calculated as follows:\n\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 30 June 1992—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\nFS is the contributor's actual or attributed salary immediately before retrenchment (expressed as an annual amount)\n\t(4)\tIf a contributor elects to preserve his or her superannuation benefits, this Act applies in the same way as if the contributor had made that election on resignation.\n\t(5)\tIf a contributor's employment is to be terminated by retrenchment, the employing authority must give the Board notice of that fact in accordance with the regulations at least 1 month before the termination takes effect.\n30—Disability pension\n\t(1)\tSubject to this section, a contributor who is temporarily or permanently incapacitated for work, and has not reached the age of 55 years, is entitled to a disability pension.\n\t(2)\tA contributor who becomes incapacitated for work in a particular position will not be regarded as incapacitated for work for the purposes of this section if some other position, carrying a salary of at least 80 per cent of the salary applicable to the former position, is available to the contributor and the contributor could reasonably be expected to take that other position.\n\t(3)\tA disability pension is not payable in respect of—\n\t(a)\ta period in respect of which the contributor is entitled to sick leave; or\n\t(b)\ta period in respect of which the contributor is entitled to weekly payments of workers compensation; or\n\t(c)\ta period for which the contributor is on recreation leave or long service leave.\n\t(4)\tThe Board will not pay a disability pension in respect of a period of incapacity of less than 1 week and may decline to pay a disability pension if it appears that the duration of the incapacity is likely to be less than 6 months.\n\t(5)\tThe amount of a disability pension will be two-thirds of the contributor's notional salary.\n\t(6)\tA disability pension cannot be paid for a continuous period of more than 12 months unless the Board thinks that there are special reasons for extending that limit, in which case it may extend the pension period by not more than a further 6 months.\n\t(7)\tA disability pension cannot be paid, in respect of the same incapacity, for an aggregate period of more than 18 months in any 1 period of 36 months.\n\t(8)\tA contributor is not required to make any contribution over a period for which the contributor receives a disability pension but if the contributor was an active contributor immediately before the commencement of the pension period, the employer component of any superannuation payment that is subsequently made to, or in relation to, the contributor will be calculated as if the contributor had continued as an active contributor over the pension period and had continued to contribute at the rate applicable immediately before the commencement of that period.\n30A—Rehabilitation etc of disability pensioner\n\t(1)\tIf, in the opinion of the Board, an attempt should be made to rehabilitate a disability pensioner or to find alternative employment for such a pensioner, the Board may serve notice on the pensioner's employer requiring the employer to do 1 or both of the following—\n\t(a)\ttake measures specified in the notice to rehabilitate the pensioner;\n\t(b)\ttake measures specified in the notice to find alternative employment for the pensioner.\n\t(2)\tA notice under subsection (1) may require the employer to periodically report in writing to the Board on the progress it is making in complying with the requirements of the notice.\n\t(3)\tIf an employer does not comply with a notice under subsection (1) to the satisfaction of the Board, the Board may, by further notice served on the employer, require the employer to reimburse the Treasurer for the amount of the disability pension paid to the pensioner from the date of service of that notice until the Board informs the employer in writing that it is satisfied with the employer's compliance with the original notice.\n\t(4)\tThe amount of the pension referred to in subsection (3) is a debt due by the employer to the Treasurer.\n31—Termination of employment on invalidity\n\t(a)\ta contributor's employment terminates on account of invalidity before the contributor reaches the age of 55 years; and\n\t(b)\tthe Board is satisfied that the contributor's incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent,\nthe contributor is entitled to a superannuation payment made up of 2 components—\n\t(c)\tan employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; and\n\t(d)\tan employer component calculated in accordance with subsection (2).\n\t(2)\tThe employer component is calculated as follows:\n\n\t(b)\twhichever of the following is applicable in the circumstances of the case:\n\t(i)\tif the contributor is not receiving, and is not entitled to receive, weekly workers compensation payments in relation to the invalidity and was an active contributor immediately before termination of the employment—the numerical value obtained by dividing the number of the contributor's extrapolated contribution points by 360;\n\t(ii)\tif the contributor is receiving, or is entitled to receive, weekly workers compensation payments in relation to the invalidity based on partial incapacity for work and was an active contributor immediately before termination of employment, the numerical value obtained from the following formula:\n\nn is the numerical value\nacp is the number of the contributor's accrued contribution points\necp is the number of the contributor's extrapolated contribution points\nx is the extent of the contributor's incapacity for work expressed as a proportion of total incapacity;\n\t(iii)\tin any other case—the numerical value obtained by dividing the number of the contributor's accrued contribution points by 360\nFS is the contributor's actual or attributed salary immediately before termination of employment (expressed as an annual amount)\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 30 June 1992—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\n\t(a)\tif the contributor was an active contributor immediately before the commencement of the invalidity—the amount (if any) by which the employee component falls short of twice the contributor's adjusted final salary;\n\t(b)\tif the contributor was not then an active contributor—zero\n\t(a)\tif the contributor was an active contributor immediately before termination of employment—the aggregate of the number of months of the contributor's contribution period occurring after 30 June 1992 and the number of months difference between the contributor's age as at the entitlement day and the age of retirement;\n\t(2a)\tWhen determining the number of a contributor's extrapolated superannuation points for the purposes of calculating the employer component under subsection (2), the number of months' difference between the contributor's age as at the entitlement day and the age of 55 years will be used (and for that purpose an incomplete month will be counted as a whole month).\n\t(2b)\tIf the Board is not satisfied as to 1 or both of the matters referred to in subsection (1)(b) the contributor is entitled to a superannuation payment that is the greater of the following:\n\t(a)\ttwice the contributor's adjusted salary immediately before termination of employment (expressed as an annual amount); or\n\t(b)\tan amount made up of 2 components—\n\t(i)\tan employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; and\n\t(ii)\tan employer component calculated as follows:\n\nFS is the contributor's actual or attributed salary immediately before termination of employment (expressed as an annual amount)\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 30 June 1992—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\n\t(2c)\tA superannuation payment under subsection (2b)(a) will be made up of 2 components—\n\t(a)\tan employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; and\n\t(b)\tan employer component being the difference between the employee component and twice the contributor's actual or attributed salary immediately before termination of employment (expressed as an annual amount).\n\t(3)\tA contributor's employment will be taken to have terminated on account of invalidity if and only if—\n\t(a)\tthe employer (acting with the written approval of the Board) terminates the employment on the ground of the contributor's invalidity; or\n\t(i)\tthe employer or the contributor satisfies the Board (before termination of employment) that the contributor is incapacitated for work in the contributor's present position and that there is no other position, carrying a salary of at least 80 per cent of the salary applicable to the contributor's present position, which the contributor could reasonably be expected to take, available to the contributor; and\n\t(ii)\tthe contributor has been on sick leave, weekly payments of workers compensation, or disability pension for at least 12 months or periods aggregating at least 12 months on account of the invalidity; and\n\t(iii)\tafter notice has been given to the Board as required by the regulations, the employer terminates the employment or the contributor resigns from employment.\n\t(4)\tDespite any other Act or law to the contrary an employer cannot terminate the employment of a contributor on the ground of invalidity unless the requirements of subsection (3)(a) or (b) have been satisfied.\n32—Death of contributor\n\t(1)\tThe following payments will be made if a contributor's employment is terminated by the contributor's death:\n\t(a)\tif the contributor is survived by a spouse—a lump sum payment will be made to the spouse;\n\t(b)\tif the contributor is survived by a spouse and an eligible child or eligible children—a pension will be paid to each eligible child throughout any period of dependency;\n\t(ba)\tif the contributor is not survived by a spouse but is survived by an eligible child or eligible children—a lump sum will be paid to the contributor's estate and a pension will be paid to each eligible child throughout any period of dependency;\n\t(c)\tif the contributor is not survived by a spouse or an eligible child—a lump sum payment will be made to the contributor's estate.\n\t(2)\tThe lump sum to be paid to a surviving spouse, will be made up of 2 components—\n\t(a)\tan employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; and\n\t(b)\tan employer component calculated as follows:\n\t(i)\tif the contributor reached the age of 55 years on or before the date of death and is not survived by an eligible child—the employer component is calculated in the same way as the employer component of the lump sum that would have been payable to the contributor if he or she had retired on the date of death;\n\t(ii)\tin any other case the employer component is calculated in accordance with the following formula:\n\n\t(b)\twhichever of the following is applicable in the circumstances of the case:\n\t(i)\tif the spouse is not receiving, and is not entitled to receive, weekly workers compensation payments in relation to the contributor's death and the contributor was an active contributor immediately before the contributor's death—the numerical value obtained by dividing the number of the contributor's extrapolated contribution points by 420;\n\t(ii)\tif the spouse is receiving, or is entitled to receive, weekly workers compensation payments in relation to the contributor's death based on partial dependency and the contributor was an active contributor immediately before his or her death—the numerical value obtained from the following formula:\n\nn is the numerical value\nacp is the number of the contributor's accrued contribution points\necp is the number of the contributor's extrapolated contribution points\nx is the extent of the spouse's dependency expressed as a proportion of full dependency;\n\t(iii)\tin any other case—the numerical value obtained by dividing the number of the contributor's accrued contribution points by 420\nFS is the contributor's actual or attributed salary immediately before the contributor's death (expressed as an annual amount);\n\t(a)\tif the contributor was an active contributor immediately before the date of death—the amount (if any) by which the employee component falls short of twice the contributor's adjusted final salary immediately before the contributor's death (expressed as an annual amount);\n\t(b)\tif the contributor was not then an active contributor—zero.\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 30 June 1992—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\n\t(a)\tif the contributor was an active contributor immediately before termination of employment—the aggregate of the number of months of the contributor's contribution period occurring after 30 June 1992 and the number of months difference between the contributor's age as at the entitlement day and the age of retirement;\n\t(2a)\tHowever, a surviving spouse will not be entitled to a benefit under this section if section 43AG applies to the spouse.\n\t(3)\tThe pension for an eligible child is calculated as follows:\n\t(a)\tif the contributor is survived by a spouse, then—\n\t(i)\tif there are no more than 3 eligible children:\n\n\t(ii)\tif there are more than 3 eligible children:\n\n\t(b)\tif the contributor is not survived by a spouse, then—\n\t(i)\tif there are no more than 3 eligible children:\n\n\t(ii)\tif there are more than 3 eligible children:\n\n\t(a)\tunity\n\t(i)\tif the contributor was an active contributor immediately before the contributor's death—the numerical value obtained by dividing the number of the contributor's extrapolated contribution points by 420;\n\t(ii)\tif the contributor was not an active contributor immediately before the contributor's death—the numerical value obtained by dividing the number of the contributor's accrued contribution points by 420\nFS is the contributor's actual or attributed salary immediately before the contributor's death (expressed as an amount per fortnight)\nn is the number of eligible children.\n\t(3a)\tThe lump sum to be paid to the estate of a contributor who is not survived by a spouse but is survived by an eligible child or eligible children will be charged against the contributor's contribution account to the extent of the amount standing to the credit of the account and will be the aggregate of the following amounts:\n\t(i)\tif the contributor was an active contributor immediately before his or her death—the greater of the following amounts:\n\t(A)\tan amount equivalent to the amount standing to the credit of the contributor's contribution account;\n\t(B)\tan amount equivalent to twice the amount of the contributor's adjusted salary immediately before the contributor's death (expressed as an annual amount);\n\t(ii)\tif the contributor was not an active contributor immediately before his or her death—an amount equivalent to the amount standing to the credit of the contributor's contribution account; and\n\t(b)\tan amount calculated as follows:\n\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 30 June 1992—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\nFS is the contributor's actual or attributed salary immediately before the contributor's death (expressed as an annual amount)\n\t(a)\tif the contributor was an active contributor immediately before termination of employment—the aggregate of the number of months of the contributor's contribution period occurring after 30 June 1992 and the number of months difference between the contributor's age as at the entitlement day and the age of retirement;\n\t(4)\tThe pension for an eligible child will be indexed.\n\t(5)\tThe lump sum to be paid to the estate of a contributor who is not survived by a spouse or an eligible child will be made up of 2 components—\n\t(a)\tan employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; and\n\n(i)\n\n(ii)\n\nFS is the contributor's actual or attributed salary immediately before death (expressed as an annual amount)\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 30 June 1992—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\n\t(a)\tin relation to a contributor who was at the date of death under the age of 60 years—the lesser of 60 and the number of months by which the contributor's age fell short of 60 years;\n32A—PSESS benefit\n\t(1)\tSubject to this section, a person who is entitled to a benefit under this Part is entitled also to payment of the amount standing to the credit of the contributor's account under subsection (6) being an amount equivalent to the amount accrued under the Public Sector Employees Superannuation Scheme in respect of the contributor.\n\t(2)\tIf a contributor who has resigned from employment elects to take the amount standing to the credit of his or her contribution account, the amount referred to in subsection (1) will—\n\t(a)\tbe paid to or in relation to the contributor at the time at which, and in the circumstances under which, payment of benefits would be made to or in relation to the contributor if he or she had preserved his or her accrued superannuation benefits; or\n\t(b)\tbe carried over to some other superannuation fund or scheme approved by the Board.\n\t(3)\tIf a contributor who has resigned from employment elects to carry over his or her accrued superannuation benefits to an approved superannuation fund or scheme and the Board is satisfied that the contributor has been admitted to membership of the fund or scheme, the amount referred to in subsection (1) will be paid on behalf of the contributor to the fund or scheme.\n\t(4)\tIf at the time payment is to be made under subsection (1) the contributor has died, the payment will be made to the contributor's spouse or if the contributor is not survived by a spouse, to the contributor's estate.\n\t(5)\tIf the amount referred to in subsection (1) has not been determined when it would otherwise be payable under this section, the amount is not payable until the expiration of 7 days after it has been determined.\n\t(6)\tThe Board will maintain an account in the name of each contributor and the Board must—\n\t(a)\tcredit to each account (when the amount has been determined) an amount equivalent to the amount accrued under the Public Sector Employees Superannuation Scheme as at 30 June 1992 in respect of the contributor; and\n\t(b)\tcredit to each account at the end of the 1992/1993 financial year and at the end of each succeeding financial year—an amount that reflects the rate of return determined by the Board in relation to the contribution accounts of new scheme contributors for the relevant financial year.\n\t(7)\tIf there is a delay in crediting the amount referred to in subsection (6)(a), the amount referred to in subsection (6)(b) will be determined on the assumption that the amount referred to in subsection (6)(a) had been credited on 1 July 1992.\n\t(8)\tIf it is necessary to determine the balance of an account referred to in subsection (6) at some time other than the end of a financial year, the balance will be extrapolated by applying a percentage rate of return estimated by the Board.\n32B—Commutation to pay deferred superannuation contributions surcharge—contributor\n\t(1)\tA contributor who is liable for a deferred superannuation contributions surcharge as a result of a benefit becoming payable to the contributor may apply to the Board, in accordance with this section—\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 contributor 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 contributor will become liable to pay (the estimated surcharge amount); and\n\t(i)\twithhold from the contributor'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 contributor (being, in the case of a benefit to which the contributor is yet to become entitled, a payment after the entitlement arises),\nand the Board must, subject to subsection (4), comply with the contributor's request.\n\t(3)\tIf a contributor has made a request under subsection (2)(b), the contributor must, before the expiration of 2 months following the issue of a surcharge notice in respect of the contributor, 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 contributor 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 contributor—\n\t(4)\tThe Board may reject an application under subsection (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 contributor fails to satisfy the Board that the contributor has, or will have, a surcharge liability to the Commissioner of Taxation.\n\t(5)\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.\n32C—Commutation to pay deferred superannuation contributions surcharge following death of contributor\n\t(1)\tIf a contributor who is liable for a deferred superannuation contributions surcharge dies—\n\t(a)\thaving made a request of the Board under section 32B 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 section 32B,\nthe contributor's spouse or, if the contributor is not survived by a spouse, the contributor's legal representative, may, before the expiration of the period of 2 months immediately following the contributor'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 contributor under section 32B 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 subsection (1)—\n\t(i)\tif the amount of the surcharge payable by the spouse or estate 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 estate—\n\t(3)\tIf a contributor dies without having made a request under section 32B, the contributor's spouse or, if the contributor is not survived by a spouse, the contributor's legal representative, may—\n\t(a)\testimate the amount of the surcharge the spouse or estate will become liable to pay (the estimated surcharge amount); and\n\t(i)\twithhold from the spouse's benefit or the benefit payable to the estate 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 estate,\nand the Board must, subject to subsection (6), comply with the request.\n\t(4)\tAn application under subsection (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 contributor, 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 spouse or estate 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 estate—\n\t(6)\tThe Board may reject an application under subsection (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 contributor'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 section—\nlegal representative, in relation to a deceased contributor, means a person—\n\t(a)\tholding office as executor of the will of the deceased contributor 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 contributor.\n32D—Withheld amount\nAn amount withheld under section 32B or 32C—\n\t(a)\tmust be paid by the Treasurer into the Consolidated Account or a special deposit account established by the Treasurer for that purpose; and\n\t(b)\twill be charged against the relevant contributor's contribution account (to the extent possible) as if the amount had been paid to the contributor; and\n\t(c)\twill be credited with interest at a rate determined by the Treasurer; and\n\t(d)\tmay be paid to the contributor (or the contributor's spouse or legal representative)—\n\t(i)\tin accordance with section 32B or 32C; 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 contributor; or\n\t(B)\tconsiders, at any time, there is other good reason for doing so.\n32E—Payment of Division 293 tax\n\t(1)\tThe purpose of this section is to facilitate the payment of amounts by the Board to the Commissioner of Taxation as required under Schedule 1 Subdivision 135‑C of the Taxation Administration Act in connection with Division 293 tax payable by contributors.\n\t(2)\tIf a Division 293 release authority for a contributor who is entitled to a benefit is given to the Board in accordance with Schedule 1 Subdivision 135‑B of the Taxation Administration Act, the Board must pay to the Commissioner of Taxation from the contributor's benefit an amount equal to the release amount required to be paid by the Board in respect of the contributor under Schedule 1 section 135‑75 of the Taxation Administration Act.\n\t(3)\tIf a Division 293 release authority has not been issued in relation to a contributor who has, or will have, a liability to pay Division 293 tax and has become, or will shortly become, entitled to a benefit, the contributor may—\n\t(a)\testimate the amount of Division 293 tax he or she is, or will be, liable to pay (the estimated amount); and\n\t(i)\twithhold from the contributor's benefit an amount equal to the estimated amount (the withheld amount); and\n\t(ii)\tpay the balance of the benefit to the contributor (being, in the case of a benefit to which the contributor is yet to become entitled, a payment after the entitlement arises),\nand the Board must comply with the contributor's request unless it is not satisfied that the contributor has, or will have, a liability to pay Division 293 tax.\n\t(4)\tIf a contributor has made a request under subsection (3)(b), the Board must, on receipt of a Division 293 release authority in respect of the contributor—\n\t(a)\tpay to the Commissioner of Taxation from the withheld amount an amount equal to the release amount required to be paid by the Board in respect of the contributor under Schedule 1 section 135‑75 of the Taxation Administration Act; and\n\t(b)\tpay to the contributor the balance (if any) of the withheld amount.\n\t(5)\tAn amount withheld under this section—\n\t(a)\tmust be paid by the Treasurer into the Consolidated Account or a special deposit account established by the Treasurer for that purpose; and\n\t(b)\twill be charged against the relevant contributor's contribution account (to the extent possible) as if the amount had been paid to the contributor; and\n\t(c)\twill be credited with interest at a rate determined by the Treasurer; and\n\t(d)\tmust be paid—\n\t(i)\tto the Commissioner of Taxation or the contributor in accordance with subsection (4); or\n\t(ii)\tto the contributor at the direction of the Board if—\n\t(A)\ta Division 293 release authority in respect of the contributor has not been given to the Board within 2 years of the amount being withheld; or\n\t(B)\tthe Board considers, at any time, there is other good reason for doing so.\n","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"Superannuation benefits—old scheme contributors","content":"Part 5—Superannuation benefits—old scheme contributors\nDivision 1—Pension benefits\n33—Application of this Part\nThis Part applies only to old scheme contributors.\n33A—Transition to retirement\n\t(1)\tA contributor may apply to the Board for the benefit of this section if—\n\t(a)\tthe contributor has reached—\n\t(i)\tthe age of 55 years; and\n\t(ii)\this or her preservation age; and\n\t(b)\tthe contributor has entered into an arrangement with his or her employer—\n\t(i)\tto reduce his or her hours of work; or\n\t(ii)\tto alter his or her duties,\nor both, with the effect that there is a reduction in the contributor's salary; and\n\t(c)\tthe purpose for establishing the arrangement referred to in paragraph (b) relates to the proposed retirement of the contributor in due course (including by allowing the contributor to scale down his or her work in the lead‑up to retirement).\n\t(2)\tThe Board may require that an application under subsection (1)—\n\t(a)\tbe made in such manner as the Board thinks fit; and\n\t(b)\tbe accompanied by such information or other material specified by the Board to assist the Board to be satisfied as to the matters set out in paragraphs (b) and (c) of that subsection.\n\t(3)\tIf the Board is satisfied that a valid application has been made under subsection (1), the contributor will be entitled to a pension (a draw down benefit) on the basis of the contributor's application and on the basis that the maximum draw down benefit to which the contributor is entitled will be determined by the Board as follows:\n\nB is the maximum draw down benefit (expressed as an amount per fortnight)\nRP is the amount that would be payable under section 34 if the contributor had retired from employment immediately before the date of the determination (expressed as an amount per fortnight)\nFS is the contributor's actual salary immediately before the commencement of the arrangement envisaged by subsection (1)(b)\nNS is the contributor's actual salary on the commencement of the arrangement envisaged by subsection (1)(b).\n\t(4)\tA draw down benefit may not be commuted until the contributor retires from employment.\n\t(5)\tIf a contributor who has retired from employment applies for the commutation of a draw down benefit within 6 months after the commencement of the payment of the draw down benefit, the benefit may be commuted in accordance with the regulations as if it were a pension.\n\t(6)\tIf a contributor who has retired from employment applies for the commutation of a draw down benefit after the expiration of the period that applies under subsection (5), the terms and conditions of the commutation of the benefit will be as determined by the regulations.\n\t(7)\tA draw down benefit will be indexed as if it were a pension under this Act.\n\t(8)\tWhen the Board has determined a draw down benefit—\n\t(a)\tthe contributions payable by the contributor under section 23 will (despite any provision made by section 23 to the contrary)—\n\t(i)\tbe fixed on the basis of the contributor's salary under the arrangement established with his or her employer (for so long as the arrangement continues); and\n\t(ii)\tas so fixed, be payable in respect of this salary from the first full pay period after the Board's determination of the draw down benefit; and\n\t(iii)\tbe at the contributor's standard contribution rate under that section; and\n\t(b)\tthe contributor's contribution points will accrue, from the date of the determination until the cessation of the relevant arrangement (unless the contributor ceases to make the contributions envisaged by paragraph (a)), at a rate for each contribution month determined as follows:\n\nCP is a proportion of 1 contribution point\nAS is the contributor's actual salary under the relevant arrangement (as adjusted from time to time)\nFSA is the contributor's actual salary immediately before the commencement of the relevant arrangement, adjusted from time to time to take into account any changes to the salary that would have occurred had the contributor not entered into the relevant arrangement but rather continued to be entitled to that salary.\n\t(9)\tIf the employment arrangements of a contributor who is receiving a draw down benefit under this section alter so that there is an alteration in his or her salary—\n\t(a)\tin the case of a reduction in salary—the contributor may apply to the Board for a further benefit in accordance with the provisions of this section and this section will then apply to the application and with respect to the relevant arrangement—\n\t(i)\tas if FS under subsection (3) is the contributor's actual salary immediately before the relevant reduction in salary; and\n\t(ii)\tas if NS under subsection (3) is the contributor's actual salary immediately after the relevant reduction in salary; and\n\t(iii)\tby applying such other modifications as may be necessary for the purpose or as may be prescribed; and\n\t(b)\tin the case of an increase in salary—the draw down benefit will continue as if the increase had not occurred, subject to any adjustments made on account of the benefit, including as to contributions and the accrual of contribution points, as may be prescribed by the regulations.\n\t(10)\tWhen a contributor retires from employment (and is thus entitled to a benefit under section 34), the contributor's entitlement under section 34 will be adjusted in the manner prescribed by the regulations to take into account the draw down benefit provided under this section (and that section will then have effect accordingly).\n\t(11)\tIf a contributor's employment terminates on account of invalidity in circumstances that give rise to an entitlement under section 37, the entitlement under that section will be adjusted in the manner prescribed by the regulations to take into account the fact that the contributor had elected to receive a draw down benefit under this section (and that section will then have effect accordingly).\n\t(12)\tIf a contributor's employment is terminated by the contributor's death, any entitlement under section 38 will be adjusted in the manner prescribed by the regulations to take into account the fact that the contributor had elected to receive a draw down benefit under this section (and that section will then have effect accordingly).\n\t(13)\tThe determination of a benefit under this section must take into account the operation of any provision under Part 5A.\n\t(14)\tDespite a preceding subsection, if a contributor who has been receiving a draw down benefit returns to a level of employment that is at least equal to the level that applied immediately before the contributor commenced the arrangement referred to in subsection (1)(b) (the original level of employment), the payment of the draw down benefit will be suspended for so long as his or her level of employment is at least equal to the original level of employment (and any adjustments in connection with the operation of this section prescribed by the regulations will apply).\n\t(15)\tA contributor who has a rollover account by virtue of the operation of section 47B may, if authorised to do so under the regulations, in conjunction with an application under subsection (1), apply for any benefit that would be payable with respect to that account as if the contributor had resigned from employment and, in such a case—\n\t(a)\tthe benefit must be invested in accordance with the regulations; and\n\t(b)\tthe investment may be redeemed when the contributor retires from employment under this Act.\n\t(16)\tThe Governor may, by regulation, declare that any provision of this section is modified in prescribed circumstances (and the regulation will have effect according to its terms).\n34—Retirement\n\t(1)\tA contributor who retires on or after reaching the age of retirement and who is not entitled to a pension under subsection (2), is entitled to a pension calculated as follows:\n\n\t(i)\tin the case of a contributor who was accepted as a contributor under the repealed Act before reaching the age of 30 years—the number of months between the date of acceptance and the age of retirement;\nE is—\n\t(a)\tin relation to a contributor whose contribution period at the age of retirement was 360 months or more—600;\n\t(b)\tin relation to a contributor whose contribution period at the age of retirement was 300 months or more but less than 360 months—1 200\nX is the number of months by which the contributor's age at retirement exceeds the age of retirement\nn is 420 or the aggregate number of contribution points that accrued to the contributor between 1 July 1992 and the date of retirement whichever is the lesser (for the purposes of this definition contribution points will be taken to accrue to a contributor who is no longer making contributions because of section 23(7) at the rate of 1 point per month).\n\t(2)\tA contributor (other than a contributor whose membership of the Scheme antedates the commencement of the repealed Act) who retires on or after reaching the age of retirement is entitled to a pension calculated in accordance with the following formula if the number of months between the date of the contributor's acceptance as a contributor and the date on which the contributor reached the age of retirement was less than 300:\n\nZ is the numerical value obtained by dividing the number of the contributor's accrued contribution points by the number of months in the contribution period\nA is the number of months in the contribution period on the date on which the contributor reached the age of retirement\nB is the number of months between the day on which the contributor reached the age of retirement and the day on which he or she retired reduced by the number of months (if any) in that period during which the contributor was not an active contributor\nC is the number obtained from Schedule 2 by reference to the value of A applicable to the contributor\nn is 420 or the aggregate number of contribution points that accrued to the contributor between 1 July 1992 and the date of retirement whichever is the lesser (for the purposes of this definition contribution points will be taken to accrue to a contributor who is no longer making contributions because of section 23(7) at the rate of 1 point per month).\n\t(3)\tA contributor who retires after reaching the age of 55 years but before the age of retirement is entitled to a pension calculated as follows:\n\n\t(i)\tin the case of a contributor who was accepted as a contributor under the repealed Act before reaching the age of 30 years—the number of months between the date of acceptance and the date of retirement;\nn1 is 420 or the aggregate number of contribution points that accrued to the contributor between 1 July 1992 and the date of retirement whichever is the lesser\nn2 is the number of months between the day on which the contributor reached the age of 55 years and the day on which he or she retired.\n\t(4)\tA retirement pension will be indexed.\n\t(5)\tThe amount of a retirement pension will be the amount calculated under this section or 75 per cent of the contributor's actual or attributed salary immediately before retirement (expressed as an amount per fortnight), whichever is the lesser.\n\t(6)\tFor the purposes of this section, a contributor retires from employment if—\n\t(a)\tthe contributor has attained the age of 55 years and the contributor's employment terminates or is terminated before the contributor reaches the age of retirement for any reason except invalidity (in circumstances entitling the contributor to benefits under this Act), retrenchment or death; or\n\t(b)\tthe contributor's employment terminates or is terminated on or after the contributor reaches the age of retirement for any reason (except the contributor's death).\n\t(7)\tThis section does not apply to an outplaced employee.\n35—Retrenchment\n\t(a)\ta contributor's employment is terminated by retrenchment;\n\t(b)\tthe contributor has reached the age of 45 years but not the age of retirement;\n\t(c)\tthe contributor has been a contributor for not less than 5 years;\n\t(d)\tthe Board is satisfied that there is no suitable employment (being employment attracting a salary of at least 80% of the salary applicable to the former employment) available to the contributor,\nthe contributor is entitled to a pension and a lump sum under this section.\n\t(2)\tThe amount of the pension is calculated as follows:\n\n\t(b)\tthe numerical value obtained by dividing the number of the contributor's contribution points by—\n\t(i)\tin the case of a contributor who was accepted as a contributor under the repealed Act before reaching the age of 30 years—the number of months between the contributor's age as at the date of acceptance and the age of retirement;\n\t(ii)\tin any other case—360.\nFS is the contributor's actual or attributed salary (expressed as an amount per fortnight) immediately before retrenchment.\n\t(2a)\tIn subsection (2)—\ncontribution points means—\n\t(a)\tin the case of a contributor who was an active contributor immediately before retrenchment—extrapolated contribution points;\n\t(b)\tin the case of a contributor who was not an active contributor immediately before retrenchment—accrued contribution points.\n\t(2b)\tThe amount of the lump sum under subsection (1) is calculated as follows:\n\nLS is the lump sum\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\nFS is the contributor's actual or attributed salary (expressed as an annual amount) immediately before retrenchment\n\t(3)\tA retrenchment pension will be indexed.\n\t(a)\ta contributor's employment is terminated by retrenchment; and\n\t(b)\tthe contributor is not entitled to a pension and a lump sum under subsection (1); and\n\t(c)\tthe contributor has not made an election under subsection (6),\nthe contributor is entitled to a lump sum payment.\n\t(5)\tThe lump sum is made up of 2 components—\n\t(a)\tan employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; and\n\t(b)\tan employer component calculated as follows:\n\nA is the aggregate of the contributor's contributions unless that aggregate amount exceeds what it would have been if the contributor had contributed throughout the contribution period at the standard contribution rate, in which case A is the latter amount\nP is the amount (if any) of pension paid under this Act or the repealed Act to the contributor\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\nFS is the contributor's actual or attributed salary (expressed as an annual amount) immediately before retrenchment\n\t(6)\tIf a contributor whose employment is terminated by retrenchment but who is not entitled to a pension and a lump sum under subsection (1) makes an election under this subsection by written notice to the Board within 3 months after termination of the employment, the contributor will be taken—\n\t(a)\tif the contributor had not reached the age of 55 years at the termination of his or her employment—to have resigned and elected to preserve his or her accrued superannuation benefits; or\n\t(b)\tif the contributor had reached that age at the termination of his or her employment—to have retired.\n36—Temporary disability pension\n\t(1)\tSubject to this section, a contributor—\n\t(a)\twho is temporarily or permanently incapacitated for work but whose employment has not been terminated on that ground; and\n\t(b)\twho has not reached the age of retirement,\nis entitled to a disability pension.\n\t(2)\tA contributor who becomes incapacitated for work in a particular position will not be regarded as incapacitated for work for the purposes of this section if some other position, carrying a salary of at least 80 per cent of the salary applicable to the former position, is available to the contributor and the contributor could reasonably be expected to take that other position.\n\t(3)\tA disability pension is not payable in respect of—\n\t(a)\ta period in respect of which the contributor is entitled to sick leave; or\n\t(b)\ta period in respect of which the contributor is entitled to weekly payments of workers compensation; or\n\t(c)\ta period for which the contributor is on recreation leave or long service leave.\n\t(4)\tThe Board will not pay a disability pension in respect of a period of incapacity of less than 1 week and may decline to pay a disability pension if it appears that the duration of the incapacity is likely to be less than 6 months.\n\t(5)\tThe amount of the pension is calculated as follows:\n\n\t(b)\tthe numerical value obtained by dividing the number of the contributor's extrapolated superannuation points by—\n\t(i)\tin the case of a contributor who was accepted as a contributor under the repealed Act before reaching the age of 30 years—the number of months between the contributor's age as at the date of acceptance and the age of retirement;\n\t(ii)\tin any other case—360.\nFS is the contributor's actual or attributed salary (expressed as an amount per fortnight) immediately before the pension becomes payable.\n\t(6)\tA disability pension cannot be paid for a continuous period of more than 12 months unless the Board thinks that there are special reasons for extending that limit, in which case it may extend the pension period by not more than a further 6 months.\n\t(7)\tA disability pension cannot be paid, in respect of the same incapacity, for an aggregate period of more than 18 months in any 1 period of 36 months.\n\t(8)\tA contributor is not required to make any contribution over a period for which the contributor receives a disability pension but will be credited with contribution points and contribution months in respect of any such period as if the contributor were contributing at the standard contribution rate in respect of that period.\n36A—Rehabilitation etc of disability pensioner\n\t(1)\tIf, in the opinion of the Board, an attempt should be made to rehabilitate a disability pensioner or to find alternative employment for such a pensioner, the Board may serve notice on the pensioner's employer requiring the employer to do 1 or both of the following:\n\t(a)\ttake measures specified in the notice to rehabilitate the pensioner;\n\t(b)\ttake measures specified in the notice to find alternative employment for the pensioner.\n\t(2)\tA notice under subsection (1) may require the employer to periodically report in writing to the Board on the progress it is making in complying with the requirements of the notice.\n\t(3)\tIf an employer does not comply with a notice under subsection (1) to the satisfaction of the Board, the Board may, by further notice served on the employer, require the employer to reimburse the Treasurer for the amount of the disability pension paid to the pensioner from the date of service of that notice until the Board informs the employer in writing that it is satisfied with the employer's compliance with the original notice.\n\t(4)\tThe amount of the pension referred to in subsection (3) is a debt due by the employer to the Treasurer and the prescribed proportion of that amount must not be charged against the contributor's contribution account under section 43A.\n37—Invalidity\n\t(1)\tIf a contributor's employment terminates on account of invalidity and the Board is satisfied that the contributor's incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the contributor is entitled to a pension under this section.\n\t(2)\tThe amount of the pension is calculated as follows:\n\nFS is the contributor's actual or attributed salary (expressed as an amount per fortnight) immediately before termination of employment\n\t(b)\tthe numerical value obtained by dividing the number of the contributor's contribution points by—\n\t(i)\tin the case of a contributor who was accepted as a contributor under the repealed Act before reaching the age of 30 years—the number of months between the date of acceptance and the age of retirement;\nn is—\n\t(a)\t420; or\n\t(b)\tthe sum of the aggregate of the contributor's contribution points that accrue after 30 June 1992 and the number of months difference between the contributor's age as at the entitlement day and the age of retirement,\nwhichever is the lesser.\n\t(2a)\tIn subsection (2)—\ncontribution points means—\n\t(a)\tin the case of a contributor who was an active contributor immediately before termination of employment—extrapolated contribution points;\n\t(b)\tin the case of a contributor who was not an active contributor immediately before termination of employment—accrued contribution points.\n\t(3)\tThe pension will be indexed.\n\t(3a)\tIf the Board is not satisfied as to 1 or both of the matters referred to in subsection (1) the contributor is entitled to a superannuation payment that is the greater of the following:\n\t(a)\ttwice the contributor's adjusted salary immediately before termination of employment (expressed as an annual amount); or\n\t(b)\tan amount made up of 2 components—\n\t(i)\tan employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; and\n\t(ii)\tan employer component calculated as follows:\n\n\t(i)\tin the case of a contributor who was accepted under the repealed Act before reaching the age of 30 years—the number of months between the age of acceptance and the age of 55 years;\n\t(ii)\tin any other case—300\nFS is the contributor's actual or attributed salary immediately before termination of employment (expressed as an annual amount)\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\n\t(3b)\tA superannuation payment under subsection (3a)(a) will be made up of 2 components—\n\t(a)\tan employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; and\n\t(b)\tan employer component being the difference between the employee component and twice the contributor's actual or attributed salary immediately before termination of employment (expressed as an annual amount).\n\t(3c)\tIf—\n\t(a)\ta contributor's employment terminates on account of invalidity; and\n\t(b)\tthe Board is not satisfied as to 1 or both of the matters referred to in subsection (1); and\n\t(c)\tthe contributor makes an election under this subsection by written notice to the Board within 3 months after receiving written notice from the Board of its decision under paragraph (b),\nthe contributor will be taken—\n\t(d)\tif the contributor had not reached the age of 55 years at the termination of his or her employment—to have resigned and elected to preserve his or her accrued superannuation benefits; or\n\t(e)\tif the contributor had reached that age at the termination of his or her employment—to have retired.\n\t(4)\tA contributor's employment will be taken to have terminated on account of invalidity if and only if—\n\t(a)\tthe employer (acting with the written approval of the Board) terminates the employment on the ground of the contributor's invalidity; or\n\t(i)\tthe employer or the contributor satisfies the Board (before termination of employment) that the contributor is incapacitated for work in the contributor's present position and that there is no other position, carrying a salary of at least 80 per cent of the salary applicable to the contributor's present position, which the contributor could reasonably be expected to take, available to the contributor; and\n\t(ii)\tthe contributor has been on sick leave, weekly payments of workers compensation, or disability pension for at least 12 months or periods aggregating at least 12 months on account of the invalidity; and\n\t(iii)\tafter notice has been given to the Board as required by the regulations, the employer terminates the employment or the contributor resigns from employment.\n\t(5)\tDespite any other Act or law to the contrary an employer cannot terminate the employment of a contributor on the ground of invalidity unless the requirements of subsection (4)(a) or (b) have been satisfied.\n38—Death of contributor\n\t(1)\tIf a contributor dies, the following provisions apply:\n\t(a)\tif the contributor is survived by a spouse—the spouse is entitled to a pension equal to two-thirds of the deceased contributor's notional pension; and\n\t(b)\tif the contributor is survived by a spouse and an eligible child or eligible children—each eligible child is entitled to a pension in accordance with subsection (2); and\n\t(c)\tif the contributor is not survived by a spouse but is survived by an eligible child or eligible children—the contributor's estate is entitled to a lump sum in accordance with subsection (6) and each eligible child is entitled to a pension in accordance with subsection (2); and\n\t(d)\tif the contributor's employment is terminated by the contributor's death and the contributor is not survived by a spouse or an eligible child—the contributor's estate is entitled to a lump sum in accordance with subsection (7).\n\t(1b)\tHowever, a surviving spouse will not be entitled to a benefit under this section if section 43AG applies to the spouse and the amount of any benefit payable to a person must take into account any reduction that has been made under section 43AF.\n\t(2)\tSubject to subsection (3) the amount of the pension for each eligible child is as follows:\n\t(a)\tif a pension is being paid to a surviving spouse—\n\t(i)\tif there are no more than 2 eligible children—a pension equal to one‑ninth of the deceased contributor's notional pension;\n\t(ii)\tif there are 3 or more eligible children—a pension calculated by dividing one-third of the deceased contributor's notional pension by the number of eligible children;\n\t(b)\tif no pension is being paid to a surviving spouse—\n\t(i)\tif there is 1 eligible child—a pension equal to 45% of the deceased contributor's notional pension;\n\t(ii)\tif there are 2 eligible children—a pension equal to 40% of the deceased contributor's notional pension;\n\t(iii)\tif there are 3 eligible children—a pension equal to 30% of the deceased contributor's notional pension;\n\t(iv)\tif there are 4 or more eligible children—a pension calculated by dividing the deceased contributor's notional pension by the number of eligible children.\n\t(3)\tIf the amount of a pension for an eligible child would, but for this subsection, be less than the prescribed amount, the pension will be equal to the prescribed amount.\n\t(4)\tA reference in this section to a deceased contributor's notional pension is—\n\t(a)\tif the contributor's employment had terminated before the date of death—a reference to the amount of the contributor's pension immediately before his or her death or, if portion of that pension was commuted to a lump sum before the commencement of this Act and no further commutation has occurred after the commencement of this Act, a reference to the amount of the pension to which the contributor would have been entitled immediately before his or her death if no portion of the pension had been commuted;\n\t(b)\tif the contributor's employment terminated on his or her death and the contributor reached the age of retirement on or before the date of death—a reference to the amount of the retirement pension to which the contributor would have been entitled if he or she had retired on the date of death;\n\t(c)\tif the contributor's employment terminated on his or her death, the contributor had not reached the age of retirement on the date of death and the contributor was an active contributor immediately before the date of death—a reference to the amount of the retirement pension to which the contributor would have been entitled if he or she had not died and—\n\t(i)\thad continued in employment until reaching the age of retirement (but without change to the contributor's actual or attributed salary as at the date of death); and\n\t(ii)\thad been credited with a number of contribution points in respect of the period from the date of death to the age of retirement equivalent to—\n\t(A)\tin the case of a contributor who had been in full-time employment throughout the contribution period—the number of months between the end of the last complete month of the contribution period and the age of retirement (an incomplete month being counted as a whole month);\n\t(B)\tin the case of a contributor who had not been in full-time employment throughout the contribution period—the number that bears the same proportion to the number of months referred to in subsubparagraph (A) as the contributor's employment while an active contributor bears to full-time employment; and\n\t(iii)\thad retired on reaching the age of retirement;\n\t(d)\tif the contributor's employment terminated on his or her death, the contributor had not reached the age of retirement on the date of death and the contributor was not an active contributor immediately before the date of death—a reference to the amount of the retirement pension to which the contributor would have been entitled if he or she had reached the age of retirement on the date of death and had retired on that date.\n\t(5)\tA deceased contributor's notional pension will be indexed as if it were (or remained) an actual pension and consequential adjustments will be made to pensions calculated by reference to the notional pension.\n\t(6)\tThe lump sum to be paid to the estate of a contributor who is not survived by a spouse but is survived by an eligible child or eligible children will be charged against the contributor's contribution account to the extent of the amount standing to the credit of the account and will be—\n\t(a)\tif the contributor's employment was terminated by the contributor's death and the contributor was an active contributor immediately before his or her death—the greater of the following amounts:\n\t(i)\tan amount equivalent to the amount standing to the credit of the contributor's contribution account;\n\t(ii)\tan amount equivalent to twice the amount of the contributor's adjusted salary immediately before the contributor's death (expressed as an annual amount);\n\t(b)\tin any other case—an amount equivalent to the amount standing to the credit of the contributor's contribution account.\n\t(7)\tIf a contributor's employment is terminated by the contributor's death and the contributor is not survived by a spouse or an eligible child a lump sum will be paid to the estate of the contributor made up of 2 components—\n\t(a)\tan employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; and\n\n(i)\n\n(ii)\n\nFS is the contributor's actual or attributed salary immediately before the contributor's death (expressed as an annual amount)\n\t(a)\tin relation to a contributor who was at the date of death under the age of 60 years—the lesser of 60 and the number of months by which the contributor's age fell short of 60 years;\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\n39—Resignation and preservation of benefits\n\t(1)\tA contributor who resigns from employment before reaching the age of 55 years may elect—\n\t(a)\tto take immediately an amount (to be charged against the contributor's contribution account) equivalent to the total balance of the account; or\n\t(b)\tto preserve his or her accrued superannuation benefits.\n\t(1a)\tA contributor who fails to inform the Board in writing of his or her election under subsection (1) within 3 months after resignation will be taken to have elected to preserve his or her accrued superannuation benefits.\n\t(1b)\tIf the Board is of the opinion that the limitation period referred to in subsection (1a) would unfairly prejudice a contributor, the Board may extend the period as it applies to the contributor.\n\t(1c)\tIf a contributor resigns and elects to take the amount referred to in subsection (1)(a) the contributor is also entitled to a superannuation payment in accordance with the following provisions:\n\t(a)\tthe contributor may at any time require the Board to make the payment to some other superannuation fund or scheme approved by the Board;\n\t(ab)\tthe Board must—\n\t(i)\tnot less than 6 months before the contributor's 60th birthday—notify the contributor in writing of the contributor's entitlement to require the Board to make the payment under paragraph (b); and\n\t(ii)\tnot less than 6 months before the contributor's 55th birthday—notify the contributor in writing of the contributor's entitlement to require the Board to make the payment under paragraph (c);\n\t(b)\tthe contributor may at any time after reaching the age of retirement require the Board to make the superannuation payment and, if no such requirement has been made on or before the date on which the contributor reaches 65 years of age, the Board will make the payment;\n\t(c)\tif the contributor has reached the age of 55 years and is not employed by an employer within the meaning of the Commonwealth Act the contributor may require the Board to make the payment to the contributor;\n\t(d)\tif the contributor has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board will make the payment to the contributor;\n\t(e)\tif the contributor dies, the payment will be made to the spouse of the deceased contributor or, if he or she left no surviving spouse, to the contributor'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(1d)\tThe amount of the superannuation payment referred to in subsection (1c) is the aggregate of—\n\t(a)\tan amount calculated as follows:\n\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\nAFS is the contributor's actual or attributed salary as at the date of resignation (expressed as an annual amount) adjusted to reflect changes in the Consumer Price Index since the date of resignation\nM is the number of months of the contributor's contribution period occurring after 31 December 1987 and before 1 July 1992; and\n\t(b)\tthe amount (if any) of the minimum contribution required to avoid payment of the superannuation guarantee charge in respect of the contributor under the Commonwealth Act together with interest from the date of resignation.\n\t(1da)\tThe amount of interest will be calculated and credited to the contributor at the end of each financial year and will be calculated on the amount referred to in subsection (1d) at the end of the first financial year and on the aggregate of that amount and the interest previously credited at the end of each subsequent financial year.\n\t(1db)\tThe rate of interest will be determined by the Board in respect of each financial year in accordance with section 20A.\n\t(2)\tIf a contributor resigns after a contribution period of less than 120 months and elects to preserve his or her accrued superannuation benefits, the following provisions apply—\n\t(aa)\tthe Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the Board to make a superannuation payment under paragraph (a);\n\t(a)\tthe contributor may at any time after reaching 55 years of age require the Board to make a superannuation payment and, if no such requirement has been made on or before the date on which the contributor reaches 65 years of age, the Board will make such a payment;\n\t(b)\tif the contributor has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board will make the payment to the contributor;\n\t(c)\tif the contributor dies, a payment will be made to the spouse of the deceased contributor or, if he or she left no surviving spouse, to the contributor'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(3)\tA payment under subsection (2) will be made up of 2 components—\n\t(a)\tan employee component (to be charged against the contributor's contribution account) equivalent to the total balance of the account; and\n\t(b)\tan employer component that is the aggregate of—\n\t(i)\tan amount that is, subject to subsection (4), equal to 2⅓ times the amount of the employee component; and\n\t(ii)\tan amount calculated as follows:\n\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\nAFS is the contributor's actual or attributed salary as at the date of resignation (expressed as an annual amount) adjusted to reflect changes in the Consumer Price Index since the date of resignation\n\t(4)\tThe amount referred to in subsection (3)(b)(i) cannot exceed 2⅓ times the amount that would have constituted the employee component if the contributor had contributed at the standard rate of contribution throughout the contributor's contribution period.\n\t(5)\tIf a contributor resigns after a contribution period of 120 months or more and elects to preserve his or her accrued superannuation benefits, the following provisions apply—\n\t(aa)\tthe Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require the payment of a retirement pension under paragraph (a);\n\t(a)\tthe contributor may, at any time after reaching 55 years of age require the Board to commence paying a retirement pension and, if no such requirement has been made on or before the date on which the contributor reaches 60 years of age, the Board will commence paying a retirement pension as from that date;\n\t(b)\tif the contributor has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board will pay an invalid pension to the contributor;\n\t(c)\tif the contributor dies and is survived by a spouse (not being a person who became the contributor's spouse after the contributor's resignation and less than 5 years before the date of his or her death), a pension will be paid to the spouse of the deceased contributor;\n\t(d)\tif the contributor dies and is survived by a spouse and an eligible child or eligible children, a pension will be paid to each eligible child;\n\t(e)\tif the contributor dies and is not survived by a spouse but is survived by an eligible child or eligible children, a lump sum will be paid to the contributor's estate and a pension will be paid to each eligible child;\n\t(f)\tif the contributor dies and is not survived by a spouse or an eligible child a lump sum will be paid to the contributor's estate.\n\t(6)\tSubject to subsection (7), a pension payable under subsection (5) will be calculated in the same way as if—\n\t(a)\tthe contributor had continued in his or her former employment between the date of resignation and the date on which a pension first became payable under that subsection but had elected to make no contribution in respect of that period;\n\t(b)\tthe contributor's actual or attributed salary for the purpose of calculating the pension were that salary as at the date of resignation adjusted to reflect changes in the Consumer Price Index between the date of resignation and the date on which the pension first became payable;\n\t(c)\tin the case of a retirement pension—the contributor had retired on the date on which the retirement pension first became payable under this section;\n\t(d)\tin the case of an invalid pension—the contributor's employment had been terminated on the ground of invalidity on the date on which he or she satisfied the Board of the matters referred to in subsection (5)(b).\n\t(7)\tWhen calculating a pension under subsection (6) in respect of a contributor who was accepted as a contributor before the prescribed age and before the commencement of the repealed Act, a factor in the relevant formula designated \"A\" will be replaced by a factor calculated as follows:\n\nA1 is the substituted factor\nA is the factor designated \"A\" in the relevant formula\n\t(a)\tin the case of a contributor for whom the age of retirement is 55 years—360;\n\t(b)\tin the case of a contributor for whom the age of retirement is 60 years—\n\t(i)\tin the case of a retirement pension where the contributor is 55 years or more but less than 60 years when the pension first becomes payable—300 + n;\n\t(ii)\tin all other cases—360\nNM is the number of months between the date on which the contributor was accepted as a contributor and—\n\t(a)\tin the case of a retirement pension—the date on which the pension first became payable or the date on which the contributor reached or will reach the age of retirement whichever occurs first;\n\t(b)\tin all other cases—the date on which the contributor will reach, or would have reached, the age of retirement\nCP is the number of months in the contribution period to the date of resignation\nS is the number of months in the contribution period after the date on which the contributor reached the prescribed age\nn is the number of months between the day on which the contributor reached the age of 55 years and the day on which the pension first became payable.\n\t(7a)\tIn subsection (7)—\nprescribed age means—\n\t(a)\tin relation to a contributor for whom the age of retirement is 55 years—the age of 25 years;\n\t(b)\tin relation to all other contributors—the age of 30 years.\n\t(8)\tIf a retirement pension calculated in accordance with subsection (7) exceeds the pension to which the contributor would have been entitled if he or she had continued in employment from the date of resignation to the date on which the retirement pension first became payable under this section and had contributed at the standard contribution rate over that period, the pension will be reduced to that latter amount.\n\t(8a)\tThe lump sum to be paid to the estate of a contributor who is not survived by a spouse but is survived by an eligible child or eligible children will be the amount standing to the credit of the contributor's contribution account and will be charged against that account.\n\t(8b)\tThe lump sum to be paid to the estate of a contributor who is not survived by a spouse or an eligible child will be made up of 2 components—\n\t(a)\tan employee component (to be charged against the contributor's contribution account) equivalent to the amount standing to the credit of the contributor's contribution account; and\n\n(i)\n\n(ii)\n\nAFS is the contributor's actual or attributed salary as at the date of resignation (expressed as an annual amount) adjusted to reflect changes in the Consumer Price Index from the date of resignation until the contributor's death\n\t(a)\tin relation to a contributor who was at the date of death under the age of 60 years—the lesser of 60 and the number of months by which the contributor's age fell short of 60 years;\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\n\t(8c)\tSubject to this Act, benefits under this section will be calculated by using the appropriate formula in force under this Part on the day on which the contributor resigned or is taken to have resigned by virtue of some other provision of this Act.\n\t(9)\tThe right to preserve accrued superannuation benefits under this section does not apply for the benefit of a contributor who was, when he or she resigned, an employee—\n\t(a)\tof the Australian National Railways Commission; or\n\t(b)\tof a prescribed employer.\n\t(10)\tSubsection (9)(a) does not apply to former employees of the Australian National Railways Commission who resigned to take up employment with the National Rail Corporation.\n\t(10a)\tFor the purposes of this section, a contributor will be taken to resign if the contributor's employment terminates or is terminated for any reason except invalidity (in circumstances entitling the contributor to benefits under this Act), retrenchment or death.\n\t(10b)\tA contributor who is taken by clause 7(6)(a) of Schedule 2 of the State Bank (Corporatisation) Act 1994 to have resigned from his or her employment and to have elected to preserve his or her accrued benefits under this section will, for the purposes of the application of subsection (5), be taken to have resigned after a contribution period of 120 months or more.\n\t(11)\tThis section does not apply to, or in relation to, an outplaced employee who resigned from employment before reaching the age of 55 years unless he or she has made an election in accordance with section 39C to preserve his or her accrued superannuation benefits under this section or is taken under section 39C to have made such an election.\n39A—Resignation or retirement pursuant to a voluntary separation package\n\t(1)\tThis section applies to a contributor who resigns or retires from his or her employment before reaching the age of retirement pursuant to a voluntary separation package—\n\t(a)\tthat includes a term that this section is to apply to the contributor; and\n\t(b)\tthat has been approved by the Treasurer.\n\t(2)\tSection 34 or 39 does not apply to a contributor to whom this section applies.\n\t(3)\tA contributor to whom this section applies who resigns before reaching the age of 55 years is entitled—\n\t(a)\tif he or she had not reached the age of 45 years at resignation—to benefits under subsection (3a); or\n\t(b)\tif he or she had reached that age at resignation—to benefits under subsection (3a) unless he or she elects (as a term of the voluntary separation package) to take benefits under subsection (3g).\n\t(3a)\tA contributor who is entitled to benefits under this subsection is entitled to a lump sum made up of—\n\t(a)\tan employee component (to be charged against the contributor's contribution account) equivalent to the total balance of the account; and\n\t(b)\tan employer component that is equal to the lesser of 2.5 times the amount of the employee component or 2.5 times the amount that would have constituted the employee component if the contributor had contributed at the standard contribution rate throughout the contributor's contribution period.\n\t(3b)\tA part of the lump sum referred to in subsection (3a) being an amount equivalent to the minimum contribution required to avoid payment of the superannuation guarantee charge in respect of the contributor under the Commonwealth Act is preserved.\n\t(3c)\tThe contributor is entitled to the balance of the lump sum at the time of resignation.\n\t(3d)\tThe amount preserved under subsection (3b) together with interest is payable in accordance with the following provisions:\n\t(aa)\tthe Board must, not less than 6 months before the contributor's 55th birthday, notify the contributor in writing of the contributor's entitlement to require payment of the amount under paragraph (a);\n\t(a)\tthe contributor may at any time after reaching 55 years of age require the Board to pay the amount and, if no such requirement has been made on or before the date on which the contributor reaches 65 years of age, the Board will pay the amount to the contributor;\n\t(b)\tif the contributor has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board will pay the amount to the contributor;\n\t(c)\tif the contributor dies, the amount will be paid to the spouse of the deceased contributor or, if he or she left no surviving spouse, to the contributor'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(3e)\tThe amount of interest will be calculated and credited to the contributor at the end of each financial year and will be calculated on the amount referred to in subsection (3b) at the end of the first financial year and on the aggregate of that amount and the interest previously credited at the end of each subsequent financial year.\n\t(3f)\tThe rate of interest will be determined by the Board in respect of each financial year in accordance with section 20A.\n\t(3g)\tA contributor who is entitled to benefits under this subsection is entitled to a pension calculated as follows:\n\nFS is the contributor's actual or attributed salary (expressed as an amount per fortnight)\nA is the lesser of the following\n\t(i)\tin the case of a contributor who was accepted as a contributor under the repealed Act before reaching the age of 30 years—the number of months between the date of acceptance and the date of resignation;\n\t(ii)\tin any other case—the number of months between the contributor's 30th birthday and the date of resignation\nX is the contributor's age at resignation in years and completed months expressed to 2 decimal places\nn is 420 or the aggregate number of contribution points that accrued to the contributor between 1 July 1992 and the date of resignation whichever is the lesser.\n\t(3h)\tAn election under subsection (3)(b) must be made within 3 months after the date of resignation.\n\t(3i)\tA pension under subsection (3g) will be indexed.\n\t(4)\tA contributor to whom this section applies who retires on or after reaching the age of 55 years is entitled to a lump sum that is equivalent to the amount that the contributor would have received if section 34 had applied to the contributor and he or she—\n\t(a)\thad been entitled to commute the whole of his or her retirement pension; and\n\t(b)\thad commuted the whole of the pension pursuant to the regulations.\nvoluntary separation package means an agreement between a contributor and his or her employer pursuant to which the contributor resigns or retires from employment.\n39B—Outplaced employees—55 and over\n\t(1)\tA contributor who had reached the age of 55 years when he or she retired from employment to take up employment in the private sector pursuant to an offer of employment in a contracting out agreement may elect—\n\t(a)\tto preserve his or her accrued superannuation benefits under section 39 as though he or she had resigned from employment before reaching the age of 55 years; or\n\t(b)\tto take the benefit provided by section 39A.\n\t(2)\tA contributor who fails to inform the Board in writing of his or her election under subsection (1) within 1 month after retiring will be taken to have made an election under subsection (1)(a).\n\t(3)\tIf the Board is of the opinion that the limitation period referred to in subsection (2) would unfairly prejudice a contributor, the Board may extend the period as it applies to the contributor.\n\t(4)\tIf a contributor has made, or is taken to have made, an election under subsection (1)(a), section 39 applies to, and in relation to, the contributor except that—\n\t(a)\tsection 39(5) (instead of section 39(2)) will apply to, and in relation to, a contributor whose contribution period is less than 120 months; and\n\t(b)\tthe contributor is not entitled to require the Board to commence paying a retirement pension under section 39(5)(a), and the Board must not commence paying such a pension under that provision, until the contributor has ceased employment with the private sector employer.\n\t(5)\tIf the contributor has made an election under subsection (1)(b), section 39A applies to the contributor as though the requirements of section 39A(1) had been met.\n39C—Outplaced employees under 55\n\t(1)\tA contributor who had not reached the age of 55 years when he or she resigned from employment to take up employment in the private sector pursuant to an offer of employment in a contracting out agreement may elect—\n\t(a)\tto preserve his or her accrued superannuation benefits under section 39; or\n\t(b)\tto take the benefits provided by section 39A.\n\t(2)\tA contributor who fails to inform the Board in writing of his or her election under subsection (1) within 1 month after resigning will be taken to have made an election under subsection (1)(a).\n\t(3)\tIf the Board is of the opinion that the limitation period referred to in subsection (2) would unfairly prejudice a contributor, the Board may extend the period as it applies to the contributor.\n\t(4)\tIf a contributor has made, or is taken to have made, an election under subsection (1)(a), section 39 applies to, and in relation to, the contributor except that (subject to subsection (5))—\n\t(a)\tsection 39(5) (instead of section 39(2)) applies to, and in relation to, a contributor whose contribution period is less than 120 months; and\n\t(b)\tthe contributor is not entitled to require the Board to commence paying a retirement pension under section 39(5)(a), and the Board must not commence paying such a pension under that provision, until the contributor has reached the age of 55 years and has ceased employment with the private sector employer.\n\t(5)\tA contributor who has made, or is taken to have made, an election under subsection (1)(a) and whose contribution period is less than 120 months may inform the Board in writing within 1 month after resigning that section 39(2) and not section 39(5) is to apply to, and in relation to, the contributor and in that case—\n\t(a)\tsection 39(2) applies to, and in relation to, the contributor; but\n\t(b)\tthe contributor is not entitled to require the Board to make a superannuation payment under section 39(2)(a), and the Board must not make a superannuation payment under that provision until the contributor has reached the age of 55 years and has ceased employment with the private sector employer.\n\t(6)\tIf the Board is of the opinion that the limitation period referred to in subsection (5) would unfairly prejudice a contributor, the Board may extend the period as it applies to the contributor.\n\t(7)\tIf the contributor has made an election under subsection (1)(b), section 39A applies to the contributor as though the requirements of section 39A(1) had been met.\nDivision 2—General\n40—Commutation of pension\n\t(1)\tThe Board will, on the application of a person who is entitled to a pension (other than a temporary disability pension or an eligible child's pension), commute a pension, or a proportion of a pension, to a lump sum payment.\n\t(2)\tThe right of commutation is subject to the qualifications prescribed by regulation.\n\t(3)\tIn the commutation of a pension, commutation factors promulgated by regulation will be applied.\n\t(4)\tThe amount of a commutation factor fixed under subsection (3) may reflect the loss of the benefit provided by section 38(4)(a) or section 47(3) as a result of the commutation of the pension or a proportion of the pension.\n40A—Commutation to pay deferred superannuation contributions surcharge\n\t(1)\tThe Board will, on the application of a contributor who is entitled to a pension (other than a temporary disability pension) and who is liable for a deferred superannuation contributions surcharge, commute so much of the pension as is required to provide a lump sum equivalent to the amount of the surcharge.\n\t(2)\tAn application under subsection (1) must be made in writing to the Board before the expiration of the period of 3 months immediately following the date on which the notice given to the contributor by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax Act was issued.\n\t(i)\ta contributor who is liable for a deferred superannuation contributions surcharge dies before notice by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax Act is issued; or\n\t(ii)\ta contributor who is liable for a deferred superannuation contributions surcharge dies within 3 months after the issue of such a notice without having commuted his or her pension under subsection (1); and\n\t(b)\tthe contributor is survived by a spouse who is entitled to a pension as the contributor's spouse under this Act,\nthe Board will, subject to subsection (5) on the application of the spouse, commute so much of the spouse's pension as is required to provide a lump sum equivalent to the amount of the surcharge.\n\t(4)\tAn application under subsection (3) must be made in writing to the Board before the expiration of the period of 6 months immediately following the contributor's death or the issue of the notice under section 15(7) of the Superannuation Contributions Tax Act, whichever is the later.\n\t(5)\tThe Board must not commute a pension under subsection (3) unless it is satisfied that the resulting lump sum will be applied in payment of the surcharge or be used to reimburse the deceased contributor's estate, or the spouse or other person who has paid the surcharge on behalf of the estate.\n\t(6)\tThe commutation factors to be applied in the commutation of a pension under this section will be determined by the Treasurer on the recommendation of an actuary.\n\t(7)\tIf the Board is satisfied that—\n\t(a)\ta contributor, or the spouse of contributor, is entitled to commute the whole of his or her pension under section 40 and has done so except for a part that the contributor or spouse wishes to retain for the purpose of commutation under this section in order to pay the contributor's deferred superannuation contributions surcharge; and\n\t(b)\tafter commutation under this section for that purpose there will still be a part of the pension remaining uncommuted; and\n\t(c)\tthe part of the pension originally retained for commutation under this section was a reasonable estimate of the amount of the pension that would be required for that purpose,\nthe Board will, on the application of the contributor or spouse made at the same time as his or her application under subsection (1) or (3), commute the remaining uncommuted part of the pension using the factors applicable under section 40.\n40AB—Commutation to pay Division 293 tax\n\t(1)\tThe purpose of this section is to facilitate the payment of amounts by the Board to the Commissioner of Taxation as required under Schedule 1 Subdivision 135‑C of the Taxation Administration Act in connection with Division 293 tax payable by contributors.\n\t(2)\tIf a Division 293 release authority for a contributor who is entitled to a pension is given to the Board in accordance with Schedule 1 Subdivision 135‑B of the Taxation Administration Act, the Board must—\n\t(a)\tcommute so much of the contributor's pension as is necessary to provide a lump sum equal to the release amount required to be paid by the Board in respect of the contributor under Schedule 1 section 135‑75 of the Taxation Administration Act; and\n\t(b)\tpay the lump sum resulting from the commutation to the Commissioner of Taxation.\n\t(3)\tThe commutation factors to be applied in the commutation of a pension under this section will be determined by the Treasurer on the recommendation of an actuary.\n\t(4)\tIf the Board is satisfied that—\n\t(a)\ta contributor is entitled to commute the whole of his or her pension under section 40 and has done so except for a part that the contributor wishes to retain for the purpose of commutation under this section in order to meet the contributor's liability for Division 293 tax; and\n\t(b)\tafter commutation under this section for that purpose there will still be a part of the pension remaining uncommuted; and\n\t(c)\tthe part of the pension originally retained for commutation under this section was a reasonable estimate of the amount of the pension that would be required for that purpose,\nthe Board will, on the application of the contributor made after a Division 293 release authority for the contributor is given to the Board, commute the remaining uncommuted part of the pension using the factors applicable under section 40.\n40B—Interaction with judicial remuneration or pension entitlements\n\t(1)\tIf a person would, but for this subsection, be entitled to—\n\t(a)\tthe payment of a pension under this Act; and\n\t(b)\tthe payment of—\n\t(i)\tsalary as a Judge for judicial service; or\n\t(ii)\ta judicial‑related pension,\nthe right to the payment of a pension under this Act is suspended.\n\t(2)\tSubject to this section, the Board will, on the application of a person whose pension is suspended under subsection (1), commute the entitlement to the pension to a lump sum payment.\n\t(3)\tAn application for commutation must be made—\n\t(a)\tin the case of a suspension under subparagraph (i) of subsection (1)(b)—within 6 months after the pension is suspended due to the circumstances applying under that subparagraph;\n\t(b)\tin the case of a suspension under subparagraph (ii) of subsection (1)(b)—within 3 months after the pension is suspended due to the circumstances applying under that subparagraph.\n\t(a)\tan application is not made under subsection (3)(a); and\n\t(b)\tthe person ceases to receive salary as a Judge for judicial service without an entitlement to a judicial‑related pension,\nthe suspension will cease.\n\t(5)\tIf an application is not made under subsection (3)(b) within the period that applies under that provision, it will be taken that the person has made the application in any event.\n\t(6)\tIn making the commutation, commutation factors promulgated by regulation will be applied.\nJudge has the same meaning as in the Judges' Pensions Act 1971;\njudicial-related pension means a pension under the Judges' Pensions Act 1971;\njudicial service has the same meaning as in the Judges' Pensions Act 1971.\n41—Medical examination etc of invalid pensioner\n\t(1)\tThe Board may from time to time require an invalid pensioner who has not reached the age of retirement—\n\t(a)\tto submit to a medical examination by a specified medical practitioner; or\n\t(b)\tto undergo specified medical treatment; or\n\t(c)\tto avail himself or herself of specified assistance.\n\t(2)\tThe cost of a medical examination under this section will be met by the Board.\n\t(3)\tA pensioner will not be required to submit to a particular form of medical treatment if there is a conflict of opinion between recognised medical experts as to the desirability of the treatment.\n\t(4)\tIf a pensioner fails to comply with a requirement under this section, the Board may suspend the pension until the requirement is complied with.\n42—Suspension of pension if pensioner declines appropriate employment\n\t(1)\tIf appropriate employment is offered, at the request of the Minister, to an invalid or retrenchment pensioner who has not reached the age of retirement, the following provisions apply:\n\t(a)\tif the pensioner accepts the offer and returns to employment—the pension will terminate but the former pensioner will be credited with contribution points and contribution months as if he or she had continued in employment and contributed at the standard contribution rate over the period of absence from employment;\n\t(b)\tif the pensioner does not accept the offer—the Board may suspend the pension until the pensioner reaches the age of retirement.\n\t(2)\tIn determining whether a particular form of employment is appropriate to a particular pensioner, the following factors will be taken into account—\n\t(a)\tthe pensioner's qualifications;\n\t(b)\tthe pensioner's previous employment;\n\t(c)\tthe pensioner's state of health;\n\t(d)\tthe place at which the employment is available.\n\t(3)\tEmployment will not be regarded as appropriate to a particular pensioner if the rate of salary applicable to the employment (expressed as an hourly rate) is less than 80 per cent of the rate of the pensioner's notional salary (expressed as an hourly rate).\n42A—Offer of lump sum to certain invalid pensioners\n\t(a)\tthe Board is satisfied on the advice of 2 medical practitioners that an invalid pensioner who has not reached the age of retirement is fit to be employed in full time or part time employment; but\n\t(b)\tappropriate employment has not been offered to the pensioner under section 42,\nthe Board may offer to pay a lump sum to the pensioner instead of his or her pension.\n\t(2)\tThe amount of the lump sum will be the greater of the following:\n\t(a)\tan amount equivalent to the amount that would be produced by commutation of the whole of a pension calculated as follows:\n\nP is the pension\nP1 is the pension to which the pensioner was entitled immediately before the payment of the lump sum (expressed as an annual amount)\nM is the number of complete months between the time when the lump sum is paid and when the pensioner would reach the age of retirement;\n\t(b)\tan amount equivalent to 3 times the amount of the pensioner's annual pension immediately before the lump sum is paid.\n\t(3)\tFor the purposes of the commutation referred to in subsection (2)—\n\t(a)\tthe commutation factors applicable on the commutation of a retirement pension will be used; and\n\t(b)\tthe contributor's age will be taken to be his or her age when the lump sum is paid or 55 years whichever is the greater.\n\t(4)\tIf the pensioner accepts the Board's offer under subsection (1), the pensioner's right to future payments of the pension and all derivative rights cease on payment of the lump sum.\n43—Notional extension of period of employment\nIf—\n\t(a)\ta contributor becomes entitled, on termination of his or her employment, to a pension; and\n\t(b)\tthe contributor was, immediately before termination of employment, entitled to a period of recreation leave and is paid, or entitled to, a lump sum in lieu of that leave,\nthe contributor's employment will be taken to have been extended for a period equivalent to the period of recreation leave and the contributor is liable for contributions in respect of that period and is entitled to benefits at the end of that period as though he or she had remained in employment and had received the lump sum as salary during that period.\n43AA—Closure of contribution accounts\n\t(1)\tThe Board may close the account of a contributor if—\n\t(a)\tthe contributor has retired or resigned from employment and is in receipt of a pension under this Part; or\n\t(b)\tthe contributor's employment has been terminated by retrenchment or on account of invalidity and the contributor—\n\t(i)\thas reached the age of retirement; and\n\t(ii)\tis in receipt of a pension under this Part; or\n\t(c)\tthe contributor has died.\n\t(2)\tIf, after a contribution account has been closed under subsection (1), a benefit becomes payable under this Part that depends wholly or partly on the balance standing to the credit of the account, the benefit will be determined on the basis of the balance that would have stood to the credit of the account if it had not been closed.\n","sortOrder":10},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Family Law Act provisions","content":"Part 5A—Family Law Act provisions\nDivision 1—Preliminary\n43AB—Purpose of Part\nThe 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 (other than with respect to interests arising under an administered scheme under Schedule 3).\n43AC—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;\ndefined benefit interest means a benefit or superannuation interest that is a function of salary and membership or service;\neligible person, in relation to a superannuation interest of a contributor, 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;\ngrowth phase has the same meaning as in the Commonwealth regulations;\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 phase has the same meaning as in the Commonwealth regulations;\npayment split has the same meaning as in Part VIIIB of the Family Law Act 1975 of the Commonwealth;\nrelevant date has the same meaning as in the Commonwealth regulations;\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.\n43AD—Value of superannuation interest\n\t(1)\tFor the purposes of this Part (but subject to subsection (2)), the value of any superannuation interest will be determined in accordance with Part 5 of the Commonwealth regulations (insofar as those regulations provide a method for determining that value), subject to any modification prescribed by regulation under this Act.\n\t(2)\tAn approval of the Commonwealth Minister under regulation 38 or 43A of the Commonwealth regulations that relates to a superannuation interest under this Act will have effect for the purposes of this Part.\n43AE—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.\n43AF—Effect on contributor's entitlements\n\t(1)\tDespite the other provisions of this Act, if a payment split is payable with respect to the superannuation interest of a contributor, there is a corresponding reduction in the entitlement of the contributor under this Act.\n\t(2)\tA reduction in the entitlement of a contributor will be given effect as follows:\n\t(a)\tthe contributor's contribution account will be subject to a charge that takes effect by reducing the balance of that account 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 (and any relevant method or factor that applies under section 43AD will be applied); and\n\t(b)\texcept with respect to a pension in the payment phase, any entitlement in respect of a pension in the growth phase and any employer-funded component of a superannuation benefit payable to the contributor after the creation of the relevant interest for the benefit of the non-member spouse will, as from the operative time, be subject to a reduction that takes effect by reducing—\n\t(i)\tthe number of contribution points; and\n\t(ii)\tfactors \"M\" and \"n\" in a formula under this Act (insofar as they are relevant to a determination of an employer-funded component in the particular case),\nto the extent necessary to take into account, to its full extent, the employer-funded component of the value of the non-member spouse's interest (and any relevant method or factor that applies under section 43AD will be applied); and\n\t(c)\tany pension in the payment phase will, depending on the terms of the splitting instrument, be reduced by—\n\t(i)\tthe value of the non-member spouse's share in the relevant superannuation interest; or\n\t(ii)\tthe percentage of the relevant superannuation interest to be shared with the non-member spouse.\n\t(3)\tA reduction in the entitlement of a contributor 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)\tA reduction in contribution points in connection with the operation of this Part does not affect the aggregate of contribution points that would apply under section 24 but for the operation of subsection (2).\n\t(5)\tIf 2 or more reductions must be made with respect to an entitlement of a contributor 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(6)\tIf a contributor has received a draw down benefit under section 26A or 33A—\n\t(a)\tthe superannuation interest of the contributor will be taken to include the balance of any draw down benefit that is being held under section 26A(3)(b)(i) or an entitlement under section 33A; and\n\t(b)\tany entitlement under section 26A or 33A will be adjusted to take into account the effect of a payment split under this Part.\n43AG—Benefit not payable to spouse on death of contributor if split has occurred\nIf a contributor 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 contributor's superannuation interest under this Act (or any proportion of such an interest),\nthe spouse is not entitled to a benefit under this Act in respect of the deceased contributor (except in accordance with the instrument) and will not be considered to be a spouse of the deceased contributor for the purposes of section 46 (if relevant).\nDivision 2—New scheme contributors\n43AH—Application of Division\nThis Division applies only to the division of superannuation interests in respect of member spouses who are new scheme contributors.\n43AI—Accrued benefit multiple\n\t(1)\tFor the purposes of the Commonwealth regulations, the accrued benefit multiple in respect of a superannuation interest payable as a lump sum is the multiple of annual salary that the member spouse would be entitled to receive at the prescribed date assuming that the member spouse retired on that day at or over the age of retirement (as the case requires) with the member spouse's accrued contribution points and contribution period as at that day.\n\t(2)\tIn 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 who is a new scheme contributor, as at a particular date specified in the application.\n\t(3)\tIn this section—\nprescribed date is the date that is relevant to the determination of an accrued benefit multiple in the particular circumstances.\n43AJ—Non-member spouse's entitlement\n\t(1)\tThe Board must, on service of a splitting instrument in respect of a lump sum benefit, 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.\n\t(3)\tThe interest of a non-member spouse under subsection (1) 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 rolled over to the credit of the non-member spouse in an account (which may need to be established) in the name of the non-member spouse in the Southern State Superannuation Fund; or\n\t(c)\tbe rolled over or transferred to some other superannuation fund or scheme approved by the Board.\n\t(4)\tThe Board must take the action required under subsection (3) 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 in the manner contemplated by the regulations, the Board must, subject to the regulations, roll over the interest to the credit of the non-member spouse under subsection (3)(b).\nDivision 3—Old scheme contributors\n43AK—Application of Division\nThis Division applies only to the division of superannuation interests in respect of member spouses who are old scheme contributors.\n43AL—Accrued benefit multiple\n\t(1)\tFor the purposes of the Commonwealth regulations, the accrued benefit multiple in respect of a superannuation interest payable as a pension is the percentage of annual salary that the member spouse would be entitled to receive as a pension at the prescribed date assuming that the member spouse retired on that day at or over the age of retirement (as the case requires) with the member spouse's accrued contribution points and contribution period as at that day.\n\t(2)\tFor the purposes of the Commonwealth regulations, the accrued benefit multiple in respect of a superannuation interest payable as a lump sum that is a defined benefit interest is the multiple of annual salary that the member spouse would be entitled to receive at the prescribed date assuming that the member spouse retired on that day at or over the age of retirement (as the case requires) and was taking his or her entitlement under the Act on that day.\n\t(3)\tIn 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 who is an old scheme contributor, as at a particular date specified in the application.\n\t(4)\tIn this section—\nprescribed date is the date that is relevant to the determination of an accrued benefit multiple in the particular circumstances.\n43AM—Non-member spouse's 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, with effect from the operative time.\n\t(2)\tThe form of the non-member spouse's interest will be determined on the basis of whether the superannuation interest is in the growth phase or the payment phase, by the nature of the member spouse's superannuation interest, and by reference to the provisions of the instrument.\n43AN—Non-member spouse's entitlement where pension is in growth phase\n\t(1)\tIf the Board is served with a splitting instrument in respect of a pension that is in the growth phase, the non-member spouse is not entitled to receive his or her entitlement in the form of a pension commencing at the same time as the member spouse's pension under this Act but is, instead, entitled to have a lump sum determined under this section paid on his or her behalf in accordance with this Part.\n\t(2)\tThe lump sum to which a non-member spouse is entitled, as at the operative time, will be determined—\n\t(a)\tif the splitting instrument specifies a percentage of the member spouse's superannuation interest for the purposes of the split—by applying that percentage split to the member spouse's superannuation entitlement based on the relevant accrued benefit multiple and by applying any relevant method or factor that applies under section 43AD;\n\t(b)\tsubject to subsection (3), if the splitting instrument specifies a lump sum amount for the purposes of the split—by adopting that lump sum.\n\t(3)\tThe value of a lump sum payable to a non-member spouse under this section must not exceed the value of the member spouse's interest.\n43AO—Non-member spouse's entitlement where pension is in payment phase\n\t(1)\tIf the Board is served with a splitting instrument in respect of a pension that is in the payment phase, the Board must split the pension between the member spouse and non-member spouse in accordance with the instrument, with effect from the operative time.\n\t(2)\tThe non-member spouse may—\n\t(i)\tin accordance with the terms of the splitting instrument; or\n\t(ii)\tby notice in writing given to the Board within the prescribed period,\nelect to have the whole of his or her share of the superannuation interest determined under subsection (1) converted to (and taken as) a separate pension entitlement (to be referred to as an associate pension for the purposes of this Act) for the lifetime of the non-member spouse; or\n\t(b)\tby notice in writing given to the Board within the prescribed period, elect to have the whole of his or her share of the superannuation interest determined under subsection (1) commuted to a lump sum.\n\t(3)\tThe following provisions will apply with respect to an associate pension:\n\t(a)\tthe amount of the pension will be determined by applying the methods and factors prescribed by the regulations;\n\t(b)\tthe non-member spouse will not be taken to be a contributor on account of the entitlement to the pension;\n\t(c)\tthe pension will be indexed;\n\t(d)\tno derivative, reversionary or other rights will arise or continue on account of the entitlement to the pension after the death of the non-member spouse.\n\t(4)\tA lump sum under subsection (2)(b) will be determined by applying the methods and factors prescribed by the regulations.\n\t(5)\tIf the non-member spouse is taking his or her entitlement as a pension (other than an associate pension) and there is a reduction in the member spouse's pension under this Act, there will be a corresponding reduction in the non-member spouse's pension.\n\t(6)\tIf the non-member spouse is taking his or her entitlement as a pension (other than an associate pension) and the payment of the member spouse's pension ceases, there will be a corresponding cessation in the payment of the non-member spouse's pension.\n\t(7)\tIf the non-member spouse dies while entitled to, or in receipt of, a pension under this section (other than an associate pension), the non-member spouse's legal representative may, by notice in writing given to the Board within the prescribed period, elect to have the pension commuted to a lump sum.\n\t(8)\tA lump sum under subsection (7) will be determined by applying the methods and factors prescribed by the regulations to the non-member spouse's entitlement.\n\t(9)\tIn this section—\nlegal representative, in relation to a deceased non-member spouse, means a person—\n\t(a)\tholding office as executor of the will of the deceased non-member spouse 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 non-member spouse.\n43AP—Payment of non-member spouse's entitlement\n\t(1)\tIf the interest of a non-member spouse created under this Division after service of a splitting instrument or after the commutation of a pension payable to the non-member spouse is a lump sum, the interest 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 rolled over to the credit of the non-member spouse in an account (which may need to be established) in the name of the non-member spouse in the Southern State Superannuation 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 take the action required under subsection (1) within 28 days after receiving the relevant election.\n\t(3)\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 in the manner contemplated by the regulations, the Board must, subject to the regulations, roll over the interest to the credit of the non-member spouse under subsection (1)(b).\n\t(4)\tIf the interest of a non-member spouse created under this Division after service of a splitting instrument is a pension (and the non-member spouse has not directed that the pension be commuted to a lump sum), the Board must split the relevant pension within the prescribed period after receipt of the splitting instrument (with effect from the relevant date), and begin to make the payments in accordance with the regulations (subject to any cessation of the payment of the member spouse's pension).\nDivision 4—Fees\n43AQ—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 fixed under subsection (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 this Act;\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 this Act.\n","sortOrder":11},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"Part 6—Miscellaneous\n43B—Exclusion of benefits under awards etc\n\t(1)\tA person who employs a contributor in employment to which this Act applies cannot be required by or under the Fair Work Act 1994 or by an award, enterprise agreement or contract of employment to make a payment or payments—\n\t(a)\tin the nature of superannuation; or\n\t(b)\tto a superannuation fund,\nfor the benefit of the contributor or for the benefit of some other person in respect of the contributor.\n\t(2)\tAn award cannot be made or varied under the Fair Work Act 1994 under which a person who employs, or has employed, a contributor is required to make a payment or payments in respect of a period of employment to which this Act applies occurring before 1 July 1992—\n\t(a)\tin the nature of superannuation; or\n\t(b)\tto a superannuation fund,\nfor the benefit of the contributor or for the benefit of some other person in respect of the contributor.\n44—Review of Board's decisions\n\t(1)\tA person who is dissatisfied with a decision of the Board under this Act may seek a review of the decision by the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 or the Board.\n\t(2)\tAn application for review may be made to the Tribunal or the Board (as the case may be) within 3 months after the person receives notice of the decision.\n\t(4)\tOn a review by the Board, the Board may substitute another decision for its original decision or confirm its original decision.\n45—Effect of workers compensation etc on pension\n\t(1)\tIf at any time during a financial year a contributor who is receiving, or would, but for this subsection, be entitled to receive, a pension under another provision of this Act is also receiving or entitled to receive—\n\t(a)\tweekly payments of workers compensation; or\n\t(b)\tin the case of a relevant contributor—income from remunerative activities engaged in by the contributor,\nthe following provisions apply:\n\t(c)\tthe pension will be reduced by the amount of the workers compensation payments and if those payments equal or exceed the amount of the pension, the pension will be suspended;\n\t(d)\tif the contributor is a relevant contributor—\n\t(i)\tthe Board must estimate the income (if any) that the contributor is likely to receive during the financial year from remunerative activities engaged in by the contributor; and\n\t(ii)\tit must be assumed that the income estimated by the Board will be paid at a uniform rate throughout the financial year;\n\t(f)\tif the aggregate of the pension and the workers compensation payments (if any) and, if the contributor is a relevant contributor, the income from remunerative activities (if any) (paid at the rate assumed, by paragraph (d)(ii)) exceeds the contributor's notional salary, the pension will be reduced by the amount of the excess and, if that amount equals or exceeds the amount of the pension, the pension will be suspended;\n\t(g)\tat the end of the financial year the Board must, if the contributor is a relevant contributor, determine the income from remunerative activities actually received by the contributor during that year and if, on the basis of the income actually received—\n\t(i)\tthe pension has been underpaid, an amount equivalent to the underpayment must be paid to the contributor or if the contributor has died, to his or her estate;\n\t(ii)\tthe pension has been overpaid, the amount overpaid may be deducted from future payments of pension or from any other amount to be paid to the contributor under this Act or, if the contributor has died, the amount overpaid is a debt due by the contributor's estate to the Treasurer.\n\t(1aa)\tSubsection (1) does not apply in relation to a pension that constitutes a draw down benefit under section 33A.\n\t(1a)\tIncome of a kind referred to in subsection (1)(a) and (b) will—\n\t(a)\tin the case of workers compensation payments—be taken to include payments lawfully made to some person other than the contributor;\n\t(b)\tin the case of income from remunerative activities—be taken to include—\n\t(i)\tthe monetary value of income that is in a non-monetary form; and\n\t(ii)\tincome lawfully paid to some person other than the contributor.\n\t(2)\tIf—\n\t(a)\tthe spouse of a deceased contributor is receiving or would, but for this subsection, be entitled to receive, a pension under this Act; and\n\t(b)\tthe spouse is also receiving, or entitled to receive weekly workers compensation payments in consequence of the contributor's death,\nthe following provisions apply—\n\t(c)\tif the weekly workers compensation payments equal or exceed the amount of the pension, the pension will be suspended;\n\t(d)\tin any other case, the pension will be reduced so that the aggregate equals the pension that the spouse would have received if there had been no entitlement to workers compensation.\n\t(3)\tIf an eligible child of a deceased contributor is receiving or entitled to receive weekly workers compensation payments in consequence of the contributor's death, the following provisions apply—\n\t(a)\tif the weekly workers compensation payments equal or exceed the amount of the pension, the pension will be suspended;\n\t(b)\tin any other case, the pension will be reduced so that the aggregate equals the pension that the child would have received if there had been no entitlement to workers compensation.\n\t(4)\tIf a right to weekly workers compensation payments has been surrendered in whole or in part by commutation or by agreement, the person who would have been entitled to those payments if the right to them had not been surrendered will be taken, for the purposes of this section, to be receiving them unless—\n\t(a)\tif the person is a contributor—the contributor has reached the age of retirement; or\n\t(b)\tif the person is the spouse of a deceased contributor—the contributor would have reached the age of retirement if he or she were still alive.\n\t(5)\tIf a contributor whose pension is subject to suspension or reduction under this section dies, the suspension or reduction will be ignored in calculating any pension that becomes payable on the contributor's death to a spouse or eligible child of the contributor.\n\t(6)\tIf part of a retrenchment pension has been commuted—\n\t(a)\tthe amount of the pension for the purposes of subsection (1)(f) will be the amount of the pension that the contributor would have been receiving if part of it had not been commuted; and\n\t(b)\tthe amount (if any) by which the pension is to be reduced under subsection (1)(f) must be deducted from the part of the pension that has not been commuted.\nrelevant contributor means a contributor—\n\t(a)\twho has not reached the age of retirement; and\n\t(b)\twhose entitlement to receive a pension under another provision of this Act does not relate to a pension granted on the basis of his or her age.\n46—Division of benefit where deceased contributor is survived by lawful and putative spouses\n\t(1)\tIf a deceased contributor is survived by a lawful spouse and a putative spouse, any benefit to which a surviving spouse is entitled under this Act 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 subsection (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 subsection (1).\n\t(4)\tA putative spouse is not entitled to any benefit under this section, unless the deceased contributor and that spouse were putative spouses as at the date of the contributor's death.\n\t(5)\tIf—\n\t(a)\ta deceased contributor is survived by a lawful and a putative spouse;\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 the payment.\n47—Adjustment of pensions\n\t(1)\tIf a pension is expressed to be indexed, the Board must adjust the amount of the pension from the first payment of pension in 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)\tIf on the first day of the relevant adjustment period, the pension has been payable for a period of less than 6 months, the extent of the adjustment will be reduced to reflect the proportion which the period of payment of the pension bears to 6 months.\n\t(3)\tIf the pension was partially commuted to a lump sum under the repealed Act and no further commutation has occurred under this Act, the variation will be based on the amount of the pension that would have been payable if the commutation had not occurred rather than on the actual pension.\n\t(4)\tTo avoid a reduction in pensions the Treasurer may direct that subsection (1) does not apply in relation to a particular adjustment period.\n\t(5)\tIn that event an adjustment in the next adjustment period in relation to which subsection (1) applies will be based on the variation between the Consumer Price Index for the June or December quarter (whichever is applicable) immediately preceding that period and the Consumer Price Index for the June or December quarter (whichever is applicable) immediately preceding the adjustment period in relation to which subsection (1) last applied.\n\t(6)\tIn this section—\nadjustment period means the period of 6 months commencing at the commencement of 1 April and 1 October in each year;\nApril adjustment period means an adjustment period commencing at the commencement of 1 April in any year;\nOctober adjustment period means an adjustment period commencing at the commencement of 1 October in any year.\n47A—Subsequent roll over of benefits to another fund or scheme\nA contributor who is entitled to benefits in the form of a lump sum that is preserved under this Act may, at any time before reaching the age of 55 years, require the Board to pay those benefits to some other superannuation fund or scheme approved by the Board.\n47B—Roll over of benefits from another fund or scheme\nThe Board may, on such terms and conditions as it thinks fit, accept the payment of benefits on behalf of a contributor from another superannuation fund or scheme.\n47C—Portion of pension etc to be charged against contribution account etc\n\t(1)\tA proportion of a pension or lump sum under Part 5 paid to, or in relation to, a contributor will be charged against the contributor's contribution account or, if the account has been closed, will be charged against the relevant division of the Fund.\n\t(2)\tThe proportion for the purposes of subsection (1) will be equivalent to the proportion of the future benefits payable under Part 5 that can, in the opinion of the Board, be met from the Fund.\n\t(3)\tThe opinion of the Board must be based on the most recent triennial report under section 21(4).\n47D—Charge against Fund if draw down benefit paid\nIf a contributor becomes entitled to a draw down benefit under section 26A or 33A—\n\t(a)\twhen the draw down benefit is paid under section 26A—there will be a charge on the relevant division of the Fund equal to the amount charged to the contributor's contribution account and, if relevant, any roll over account, on account of the payment of the draw down benefit;\n\t(b)\twhen the draw down benefit is paid under section 33A—there will be a charge on the relevant division of the Fund determined by applying the same proportion that applies under section 47C(2) with respect to the payment of a pension.\n48—Repayment of contribution account balance and minimum benefits\n\t(a)\ta contributor's employment has terminated or has been terminated; and\n\t(b)\tno pension has been paid under this Act to or in relation to the contributor following termination of the employment; and\n\t(c)\tno benefit is payable (either immediately or prospectively) under any other provision of this Act,\nan amount equivalent to the balance standing to the contributor's contribution account will be paid to the contributor or the contributor's estate (and charged against that account).\n\t(2)\tIf—\n\t(a)\ta contributor's employment terminates or is terminated; and\n\t(b)\teither immediately or after a period of preservation of the contributor's benefits—\n\t(i)\ta pension is paid under this Act to the contributor; or\n\t(ii)\ta pension is paid under this Act to the contributor and then, on the contributor's death, a pension is paid under this Act to the spouse of the contributor; or\n\t(iii)\tthe contributor's employment is terminated by death and a pension is paid under this Act to the spouse of the contributor; or\n\t(iv)\tthe contributor dies after a period of preservation before receiving a pension and a pension is paid under this Act to his or her spouse; and\n\t(c)\tthe pension, or the last of the pensions to be payable, ceases before the expiration of the period of 4.5 years after the pension, or the first of the pensions, commenced and no actual or prospective right to a pension exists and no other benefit is payable under this Act,\nan amount determined in accordance with subsection (2a) is payable to the contributor's estate.\n\t(2a)\tThe amount referred to in subsection (2) is the amount of the pension or pensions that would have been payable to, or in relation to, the contributor during the period referred to in subsection (2)(c) if the pension or pensions had not ceased, reduced by—\n\t(a)\tthe amount of the lump sum, or the aggregate of the lump sums, (if any) paid on commutation of the pension or pensions; and\n\t(b)\tthe amount of the pension or pensions actually paid to, or in relation to, the contributor.\n\t(2b)\tWhen computing the amount of the pension or pensions that would have been payable during the period referred to in subsection (2)(c)—\n\t(a)\tit will be assumed that the pension or pensions were not reduced by commutation or reduced or suspended under section 45; and\n\t(b)\tthe provisions of this Act for indexation of pensions will be ignored.\n\t(a)\ta contributor's employment terminates or is terminated; and\n\t(b)\ta pension becomes payable under this Act to or in relation to the contributor; and\n\t(c)\tthe amount standing to the credit of the contributor's contribution account exceeds what would have been the balance of the account if the contributor had contributed throughout his or her contribution period at the standard contribution rate,\nthe amount of the excess will be paid to the contributor or the contributor's estate (as the case requires).\n49—Special provision for payment in case of infancy or death\n\t(1)\tIf a pension or monetary sum is payable under this Act to a child, the Board may, in its discretion, pay it—\n\t(a)\tto the child; or\n\t(b)\tto a parent, guardian or trustee on behalf of the child.\n\t(2)\tIf a person to whom money is payable under this Act dies, the Board may, in its discretion, pay the money 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.\n50—Pension not to be assignable\n\t(1)\tA right to a pension under this Act cannot be assigned.\n\t(2)\tThis section does not prevent the making of a garnishee order in relation to a pension.\n50A—Unclaimed superannuation benefits\n\t(1)\tIf an amount of the Fund is attributable to an unclaimed superannuation benefit of a contributor, the Treasurer may, in accordance with the Superannuation (Unclaimed Money and Lost Members) Act 1999 of the Commonwealth, pay an amount equal to the unpaid superannuation benefit, or any amount required to be paid under that Act on account of the unclaimed superannuation benefit, from the Consolidated Account to the Commissioner of Taxation.\n\t(2)\tThe Treasurer must reimburse the Consolidated Account by charging the Fund with an amount equal to—\n\t(a)\tthe balance of the contributor's contribution account; and\n\t(b)\tthe balance (if any) of the contributor's co‑contribution account; and\n\t(c)\tthe balance (if any) of the contributor's rollover account.\n\t(3)\tThe Board must then close all accounts maintained by the Board in the name of the contributor, after which—\n\t(a)\the or she will cease to be a contributor; and\n\t(b)\this or her rights in relation to superannuation under this Act will be taken to have been exhausted and no derivative rights will exist in relation to him or her under this Act.\n51—Liabilities may be set off against benefits\nAny liability of a contributor arising under this Act or the repealed Act may be set off against any payment that is to be made to or in relation to the contributor under this Act.\n51A—Method of making contributions\n\t(1)\tContributions to be made to the Treasurer by a contributor under section 23 are to be deducted from the contributor's salary and paid to the Treasurer.\n\t(2)\tA contributor cannot make any contribution to the Scheme in addition to the contributions he or she makes under section 23.\n52—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—\n\t(a)\tto, or in relation to, a contributor; or\n\t(b)\tto, or in relation to, a person who is, or has been, a member of some other public sector superannuation scheme.\n53—Continuation of the Voluntary Savings Account\n\t(1)\tThe Board may continue to maintain the Voluntary Savings Account for the benefit of contributors and such other persons as the Board determines.\n\t(2)\tThe terms on which money is accepted on deposit in the Voluntary Savings Account will be as determined by the Board from time to time.\n\t(3)\tThe cost of administering the Voluntary Savings Account will be paid from the income of that account.\n54—Power to obtain information\n\t(1)\tThe Board may, from time to time, require an employing authority, workers compensation authority, employee, contributor or pensioner to supply the Board with any information that it reasonably requires for the purposes of this Act.\n\t(2)\tThe Board may require an employee, contributor or pensioner to verify information supplied under this section by statutory declaration.\n\t(3)\tIf a pensioner fails to comply with a requirement under this section, the Board may suspend payment of the pension until the requirement is complied with.\n\t(4)\tA person who—\n\t(a)\tfails to comply with a requirement under subsection (1); or\n\t(b)\tsupplies information in response to such a requirement that is false or misleading in a material particular,\nis guilty of an offence.\n\t(5)\tIf a contributor commits an offence against subsection (4), the Board may expel the contributor from membership of the Scheme and, in that event—\n\t(a)\tthe amount standing to the credit of the former contributor's contribution account will be repaid to the contributor; and\n\t(b)\tno further benefit will be payable under this Act to or in relation to the former contributor.\n\t(6)\tFor the purposes of any other Act or law, a workers compensation authority will be taken, when acting under this section, to be disclosing information in the course of official duties.\nworkers compensation authority includes any person or authority with power to determine or manage claims for workers compensation.\n55—Confidentiality\n\t(1)\tA member or former member of the Board or the board of directors of the Superannuation Funds Management Corporation of South Australia, or a person employed or formerly employed in the administration of this Act, must not divulge information of a personal or private nature, or information as to the entitlements or benefits of any person under this Act (including under an administered scheme under Schedule 3) except—\n\t(a)\tas required by or under any Act of the State or the Commonwealth; or\n\t(b)\tto, or with the consent of, that person; or\n\t(c)\tto that person's employer or employing authority; or\n\t(d)\tto any other person for purposes related to the administration of this Act or, if relevant, an administered scheme under Schedule 3; or\n\t(e)\tas may be required by a court or the Tribunal; or\n\t(f)\tif relevant, as may be allowed under the rules of an administered scheme under Schedule 3.\n\t(1a)\tA member or former member of the Board or the board of directors of the Superannuation Funds Management Corporation of South Australia, or a person employed or formerly employed in the administration of this Act, must not divulge information if to do so is inconsistent with a requirement imposed on the trustee of an eligible superannuation plan under Part VIIIB of the Family Law Act 1975 of the Commonwealth.\n\t(2)\tThis section does not prevent the disclosure of statistical or other information related to a class or classes of persons (rather than to an individual).\n56—Resolution of difficulties\n\t(1)\tIf, in the opinion of the Board, any doubt or difficulty arises in the application of this Act to particular circumstances or the provisions of this Act do not address particular circumstances that have arisen, the Board may give such directions as are reasonably necessary to resolve the doubt or difficulty or to address the circumstances (but only insofar as the Board determines it to be fair and reasonable in the circumstances) and any such direction will have effect according to its terms.\n\t(2)\tIf, in the opinion of the Board—\n\t(a)\ta time limit under this Act should be extended in particular circumstances; or\n\t(b)\ta procedural step under this Act should be waived in particular circumstances,\nthe Board may extend the time limit (even if it has already expired) or waive compliance with the procedural step.\n\t(3)\tIn determining whether to take action under subsection (2), the Board should have regard to—\n\t(a)\tin a case under subsection (2)(a)—\n\t(i)\tthe length of delay that has occurred; and\n\t(ii)\tthe explanation for the delay; and\n\t(iii)\tany hardship that will occur if the time limit is not extended; and\n\t(iv)\tthe extent to which it will cause any unfairness if the time limit is not extended; and\n\t(v)\tany other relevant factor;\n\t(b)\tin a case under subsection (2)(b)—\n\t(i)\tthe conduct of the person who would benefit from the action; and\n\t(ii)\tany hardship that will occur if the procedural step is not waived; and\n\t(iii)\tthe extent to which it will cause any unfairness if the procedural step is not waived; and\n\t(iv)\tany other relevant factor.\n\t(4)\tSubsections (2) and (3) do not derogate from any other provision of this Act or the regulations that makes specific provision for the extension of time.\n58—Pensions payable in foreign currency\n\t(a)\ta lump sum or pension becomes payable to or in relation to a contributor;\n\t(b)\tthe contributor was immediately before the lump sum or pension became payable, employed outside Australia and paid a salary in a currency other than Australian currency,\nthe lump sum or pension will be paid in that other currency.\n\t(2)\tAn indexed pension that is paid in some currency other than Australian currency may be indexed on some basis that the Board considers reasonable instead of by reference to the Consumer Price Index.\n58A—Rounding off of contributions and benefits\nThe Board may round off the amount of contributions and benefits under this Act to the nearest multiple of 5 cents.\n59—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(1a)\tIn particular a regulation may—\n\t(aa)\tset out the procedures for the election of a member of the Board (including procedures that determine eligibility to vote in the election);\n\t(a)\tprescribe the salary, or an amount to be taken to be the salary, of a contributor for the purpose of determining contributions or benefits in relation to the contributor notwithstanding any provision to the contrary in this Act;\n\t(b)\tif a contributor was previously a contributor to another superannuation scheme and money is paid in respect of the contributor from that other scheme to the scheme established by this Act—modify the provisions of this Act in their application to the contributor in order to comply with conditions under which the payment is made;\n\t(c)\tmake any provision that is necessary in view of the provisions of Part VIIIB of the Family Law Act 1975 of the Commonwealth, including by modifying the operation of any provision of this Act in prescribed circumstances in order to ensure that this Act operates in a manner that is consistent with, and complementary to, the requirements of that Commonwealth Act;\n\t(d)\twithout limiting a preceding paragraph, provide that a specified provision of this Act does not apply in prescribed circumstances, subject to any condition to which the regulation is expressed to be subject.\n\t(2)\tA regulation may impose a penalty, not exceeding $2 000, for breach of or non-compliance with a provision of the regulations.\n\t(3)\tRegulations under this Act may—\n\t(a)\tbe of general application or limited application; or\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply.\n","sortOrder":12},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 1—Transitional provisions\n1—Continuity of contributor status\n\t(1)\tAll employees who were, immediately before the commencement of this Act, contributors to the Scheme under the repealed Act continue as contributors under this Act.\n\t(2)\tAll employees who were, immediately before the commencement of this Act, contributors to the Provident Account under the repealed Act—\n\t(a)\tbecome, on the commencement of this Act, contributors to the Scheme; and\n\t(b)\twill be classified for the purposes of this Act as old scheme contributors; and\n\t(c)\twill, subject to clause 6, be treated in the same way as other old scheme contributors.\n\t(2a)\tA person who, immediately before the commencement of this Act, was an employee of the Australian National Railways Commission and was also a contributor to the Fund or the Provident Account will be taken to be an employee for the purposes of this Act until he or she ceases to be an employee of the Australian National Railways Commission.\n\t(3)\tA new scheme contributor who was accepted as a contributor before the commencement of this Act may, within three months after the commencement of this Act, elect to resign from membership of the Fund and in that event—\n\t(a)\tthe balance standing to the credit of the contributor's contribution account will be refunded; and\n\t(b)\the or she will cease to be a contributor.\n2—Contributions by old scheme and certain new scheme contributors\n\t(1)\tThis clause applies to—\n\t(a)\told scheme contributors; and\n\t(b)\tnew scheme contributors who were accepted as contributors before the commencement of this Act.\n\t(2)\tFor the purposes of this Act, the standard contribution rate for a contributor to which this clause applies is the percentage which—\n\t(a)\tin the case of a higher benefit contributor (as defined in the repealed Act)—constituted the contributor's standard percentage of contribution for the purposes of the repealed Act;\n\t(b)\tin the case of a lower benefit contributor (as defined in the repealed Act)—is equal to twice the percentage that constituted the contributor's standard percentage of contribution for the purposes of the repealed Act,\n(but this subclause applies to new scheme contributors only until the date fixed by the Board under subclause (3) when the standard contribution rate for such a contributor will become 6% of salary).\n\t(3)\tThe amount contributed by a contributor to which this clause applies will continue to be governed by the repealed Act until a date fixed by the Board.\n3—Starting balance of contribution account of old scheme contributors\n\t(1)\tThe Board will establish a contribution account in the name of every old scheme contributor—\n\t(a)\twho continues as a contributor under this Act; or\n\t(b)\tto, or in relation to, whom a pension is being paid at the commencement of this Act.\n\t(2)\tThe balance of the account, as at the commencement of this Act, of a contributor who was still in employment at the commencement of this Act will be an amount calculated in accordance with section 79 of the repealed Act as if the contributor had become entitled to a payment under that section on the commencement of this Act.\n\t(3)\tThe balance of the account, as at the commencement of this Act, of a contributor whose employment had ceased before the commencement of this Act will be an amount calculated in accordance with section 81 of the repealed Act as if an entitlement to a payment under that section had arisen at the commencement of this Act.\n3A—Starting balance for certain new scheme contributors\n\t(1)\tThe contribution account of a new scheme contributor who was accepted as a contributor before the commencement of this Act will be credited with the following amounts:\n\t(a)\tthe aggregate amount of contributions made by the contributor before the commencement of this Act; and\n\t(b)\tan amount determined by the Board to be the return attributable to the investment of those contributions before the commencement of this Act; and\n\t(c)\twhere the amount referred to in paragraph (b) was not credited to the contributor's contribution account on 1 July, 1988, an amount determined by the Board to be the return that would have been attributable to the investment of that amount if it had been credited to the account on 1 July, 1988.\n\t(2)\tThe amount to be credited to a contribution account under subclause (1)(b) and (c) must be debited against the unallocated portion of the old scheme division of the Fund.\n4—Special provision as to contribution period of certain contributors\nThe contribution period of an old scheme contributor who was accepted as a contributor—\n\t(a)\tafter reaching the age of 30 years; but\n\t(b)\tbefore the commencement of the repealed Act, will be taken to have commenced when the contributor reached the age of 30 years.\n5—Superannuation points carried over by old scheme contributors\n\t(1)\tTo calculate the number of superannuation points of an old scheme contributor as at the commencement of this Act, proceed as follows:\n\t(a)\tcalculate the pension (ignoring any neglected unit reduction, fund share reduction or excess unit addition) to which the contributor would be, or would have been, entitled under the repealed Act on retirement at the age of retirement assuming that the contributor had retired, or were to retire, at that age and, in the case of a contributor under that age at the commencement of this Act—\n\t(i)\tthat the repealed Act remained in force; and\n\t(ii)\tthat the contributor's rate of contribution remained constant until the contributor attained that age; and\n\t(iii)\tthat the contributor's contribution salary (as defined in the repealed Act) were the contributor's actual salary and remained constant until the contributor retired at the age of retirement;\n\t(b)\texpress this pension as a proportion of the theoretical maximum pension;\n\t(c)\tconvert this proportion to the fraction with a denominator of 360;\n\t(d)\tthe number of points is then given by the following formula:\n\nP is the number of points\nx is the numerator of the fraction arrived at under paragraph (c)\nn is—\n\t(a)\tin relation to a person who was accepted as a contributor under the repealed Act before the age of 30 years—the number of months from the date of acceptance to the age of 30 years or the commencement of this Act whichever is the earlier (and, if the period is not exactly divisible into whole months, any remainder will be treated as a whole month);\n\t(b)\tin any other case—0\np is the number of months (if any) by which the contributor's age, as at the commencement of this Act, falls short of the age of retirement or 360 (whichever is the lesser)\nm is—\n\t(a)\tin relation to a contributor contributing for higher benefits under the repealed Act—1;\n\t(b)\tin relation to a contributor contributing for lower benefits under the repealed Act—½\ny is—\n\t(a)\tin relation to a person who became a higher benefit contributor by virtue of an election under section 57B of the repealed Act—\n\n\t(b)\tin any other case—0\nq is the number of months (if any) by which the contributor's age, as at the commencement of this Act, exceeds the age of retirement.\n\t(2)\tIn this clause—\ntheoretical maximum pension in relation to a contributor means the pension that would be payable to the contributor on retirement at the age of retirement assuming—\n\t(a)\tthat the repealed Act remained in force; and\n\t(b)\tthat the contributor were employed throughout any future period of his or her employment at the contributor's contribution salary as it was immediately before the commencement of this Act; and\n\t(c)\tthat the contributor were a new contributor (as defined in the repealed Act) and had elected for higher benefits; and\n\t(d)\tthat the contributor attained 360 contribution months on or before attaining the age of retirement.\n6—Special provisions for contributors to the Provident Account\n\t(1)\tWhere—\n\t(a)\ta contributor was a contributor to the Provident Account under the repealed Act;\n\t(b)\tthe contributor's employment is terminated by death or on account of invalidity before the contributor reaches the age of retirement;\n\t(c)\tthe death or invalidity arises in circumstances or under conditions determined by the Board in relation to the contributor,\nthe Board may determine not to pay, or to discontinue payment of, a pension or pensions under this Act to or in relation to the contributor and to pay instead a lump sum calculated as follows to the contributor or the contributor's estate:\n\nLS is the amount of the lump sum\n\t(b)\tthe numerical value obtained by dividing the number of the contributor's accrued superannuation points by—\n\t(i)\tin the case of a contributor who was accepted as a contributor under the repealed Act before reaching the age of 30 years—the number of months between the contributor's age as at the date of acceptance and the age of retirement;\nFS is the contributor's actual or attributed salary immediately before termination of employment (expressed as an annual amount)\nZ is—\n\t(a)\tin relation to a contributor who is 55 years of age or less—11.5;\n\t(b)\tin relation to a contributor who is over the age of 55 years—11.5 less 0.0167 for every month by which the contributor's age exceeds 55 years\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\n\t(2)\tA determination for the purposes of subclause (1)(c) must be made within three months after the commencement of this Act.\n7—Limited benefit contributors\n\t(1)\tSubject to subclause (2), a contributor who was immediately before the commencement of this Act affected by conditions imposed under section 65 of the repealed Act remains subject to those conditions after the commencement of this Act.\n\t(2)\tThe Board will relax or revoke any such condition if satisfied by evidence provided by the contributor that there is proper cause to do so.\n\t(3)\tWhere a contributor is entitled to the payment of a lump sum but is not entitled to a pension under this Act by virtue of conditions referred to in subclause (1), the lump sum will be the aggregate of three and one-half times the balance standing to the credit of the contributor's contribution account and an amount calculated as follows:\n\n\t(a)\tin the case of a contributor who was in full-time employment during that part of the contribution period occurring after 31 December 1987—1;\n\t(b)\tin any other case—the numerical value arrived at by expressing the contributor's employment while an active contributor during that part of the contribution period as a proportion of full-time employment during that part of the contribution period\nFS is the contributor's actual or attributed salary (expressed as an annual amount) immediately before termination of employment\n8—Preservation of excess unit addition\n\t(a)\ta pension becomes payable to or in relation to an old scheme contributor after the commencement of this Act;\n\t(b)\tthe pension would if the repealed Act had continued in operation be increased by an excess unit addition,\nthere will be a corresponding increase of the pension payable under this Act.\n9—Neglected unit and fund share reduction\n\t(1)\tSubject to this Act, where a pension to, or in relation to, an old scheme contributor would, if granted under the repealed Act, have been subject to a neglected unit reduction or a fund share reduction, the corresponding pension under this Act will be subject to a corresponding reduction.\n\t(1a)\tWhere—\n\t(a)\tan old scheme contributor resigns from employment and elects to preserve his or her accrued superannuation benefits; and\n\t(b)\tthe contributor was, before resignation, making pension maintenance payments or neglected unit maintenance payments, or purchasing contribution months by fortnightly contributions,\na pension that subsequently becomes payable to or in relation to the contributor will be reduced to an extent determined by the Board.\n\t(2)\tA contributor may reduce or eliminate a reduction of pension under this clause by payment to the Treasurer of a lump sum determined by the Board.\n\t(3)\tA contributor who desires to reduce or eliminate a reduction of pension under this clause must, within one month after first becoming entitled to receive the pension inform the Board in writing of his or her intention to do so, and must pay the appropriate lump sum within one month after receiving notification from the Board of the relevant amount.\n10—Pensions that commenced under previous enactments\n\t(1)\tA pension that commenced under the repealed Act, or under a corresponding previous enactment, is, subject to this Act, payable as if this Act had been in force when the pension commenced.\n\t(2)\tThis Act, apart from provisions relating to indexation, commutation and reduction or suspension of pensions, does not affect the amount of any such pension.\n11—Abolition of Provident Account, and Retirement Benefit Account\n\t(1)\tThe Provident Account and the Retirement Benefit Account established under section 99 of the repealed Act are abolished.\n\t(2)\tAny contributions to the Provident Account will be treated as contributions made in accordance with the Scheme.\n\t(3)\tThe balance standing to the credit of any person in the Retirement Benefit Account will be returned to that person.\n12—Continuation of superannuation arrangements\n\t(1)\tAny arrangements in force under section 11 of the repealed Act immediately before the commencement of this Act will continue in force as if they had been made under section 5 of this Act.\n\t(2)\tMoney paid by an employer pursuant to an arrangement referred to in subclause (1) and held by the Superannuation Funds Management Corporation of South Australia does not form part of the Fund and must be applied by the Superannuation Funds Management Corporation of South Australia in accordance with the arrangement.\n13—Continuation of membership of elected members of the Board\n\t(1)\tAny members elected to the Board before the commencement of this Act continue in office subject to this Act as if it had been in force when they were elected and they had then been elected under it.\n\t(2)\tThe offices of the other members of the Board become vacant on the commencement of this Act.\n14—Retrospective operation of preservation rights\nThe rights conferred by section 39 extend to a contributor who resigned before the commencement of this Act but on or after 1 January, 1988.\n15—Benefits under Parts 4 and 5\n\t(1)\tSubject to clause 15A, Parts 4 and 5 as in force immediately before the commencement of the Superannuation (Scheme Revision) Amendment Act 1992 continue to apply to and in relation to the following contributors:\n\t(a)\ta contributor who was a contributor immediately before 1 July 1992 and in relation to whom benefits did not accrue under the Public Sector Employees Superannuation Scheme;\n\t(b)\ta contributor who has received or is entitled to receive benefits under the Public Sector Employees Superannuation Scheme or in relation to whom such benefits have been paid or are payable;\n\t(c)\ta contributor who would receive a higher benefit, or in relation to whom a higher benefit would be payable, under those provisions immediately before amendment by the Superannuation (Scheme Revision) Amendment Act 1992.\n\t(2)\tA contributor whose employment terminates or is terminated on or after 1 July 1992 and who is entitled to a benefit under the Public Sector Employees Superannuation Scheme or a person who is entitled to such a benefit in relation to a contributor whose employment was terminated by death on or after 1 July 1992 may renounce the entitlement by instrument in writing to the Board within three months after becoming entitled or within three months after the Governor assents to the Superannuation (Scheme Revision) Amendment Act 1992, whichever is later and upon renunciation the contributor or other person will be taken for the purposes of subclause (1)(b) never to have been entitled.\n\t(3)\tWhere benefits under the Public Sector Employees Superannuation Scheme have been credited to an account maintained by the Board in the name of a contributor under section 28 of the Superannuation (Benefit Scheme) Act 1992, the contributor will be taken, for the purposes of subclause (1)(b), to have received those benefits.\n15A—Early retirement benefit for certain contributors\n\t(1)\tA contributor—\n\t(a)\twho resigned from employment before 1 July 1992 after a contribution period of 120 months or more and preserved his or her accrued superannuation benefits under section 39; and\n\t(b)\twho, on or before reaching the age of retirement, requires the Board to commence paying a retirement pension,\nis entitled to the following benefits:\n\t(c)\tif the contributor was accepted as a contributor before the age of 30 years and before commencement of the repealed Act, the contributor is entitled to a pension in accordance with section 39(7) and (8) as in force immediately before the Superannuation (Miscellaneous) Amendment Act 1994 came into operation;\n\t(d)\tin any other case the contributor is entitled to a pension calculated as follows:\n\nAFS is the contributor's actual or attributed salary (expressed as an amount per fortnight) immediately before resignation adjusted to reflect changes in the Consumer Price Index between the date of resignation and the date on which the pension first became payable\n\t(i)\tin the case of a contributor who was accepted as a contributor under the repealed Act before reaching the age of 30 years—the number of months between the date of acceptance and the date on which the pension first became payable;\nn2 is the number of months between the day on which the contributor reached the age of 55 years and the day on which the pension first became payable.\n\t(2)\tFor the purpose of applying section 39(7) as required by subclause (1)(c), the factor \"NP\" in the formula in section 39(7) is the amount of pension that would have been payable to the contributor if it were calculated under subclause (1)(d).\n\t(3)\tA contributor referred to in clause 15(1) who is an old scheme contributor and who retires on or after reaching the age of 55 years but before the age of retirement is entitled to a pension calculated as follows:\n\n\t(i)\tin the case of a contributor who was accepted as a contributor under the repealed Act before reaching the age of 30 years—the number of months between the date of acceptance and the date on which the pension first became payable;\nn2 is the number of months between the day on which the contributor reached the age of 55 years and the day on which the pension first became payable.\n16—Transference from old scheme to new scheme\n\t(1)\tSubject to subclause (8), an old scheme contributor may, by notice in writing given to the Board on or before 31 December 1993, elect to become a contributor to the new scheme.\n\t(2)\tA contributor who makes an election under subclause (1) will be taken to have become a new scheme contributor on 1 July 1992.\n\t(3)\tWhere conditions limiting the payment of benefits applied in relation to the contributor under the old scheme the same conditions will, if they can be applied without modification, apply in relation to the contributor under the new scheme, but if not the Board will apply conditions that are, in its opinion, appropriate limiting the payment of benefits to or in relation to, the contributor under the new scheme.\n\t(4)\tFor the purpose of determining the benefits payable to, or in relation to, the contributor under the old scheme and the time at which they are payable, the contributor will be taken to have resigned from employment on 30 June 1992 and to have elected to preserve his or her accrued superannuation benefits under section 39.\n\t(5)\tBenefits that are preserved by virtue of subclause (4) are not payable to the contributor while the contributor is employed in employment to which this Act applies.\n\t(6)\tFor the purpose of calculating the contributor's benefits under the new scheme—\n\t(a)\tcontribution points accrued before 1 July 1992 and contribution months occurring before that date will be disregarded; and\n\t(b)\tthe Board will establish a new account in the name of the contributor as at 1 July 1992.\n\t(7)\tThe standard contribution rate that applied in relation to the contributor before 1 July 1992 will continue to apply in relation to the contributor from 1 July 1992 until 30 June following the election made by the contributor under subclause (1).\n\t(8)\tThis clause does not apply for the benefit of—\n\t(a)\tan employee of the Australian National Railways Commission;\n\t(b)\ta contributor who has reached the age of retirement.\n\t(9)\tIn this clause—\nthe new scheme means the scheme of superannuation established by Part 4 of this Act;\nthe old scheme means the scheme of superannuation established by Part 5 of this Act.\n17—Payment of contributions while on leave without pay\nSection 4(8) does not apply to a contributor who is on leave without pay when the Superannuation (Miscellaneous) Amendment Act 1994 comes into operation in respect of that period of leave.\n18—Repeal of contribution rate\n\t(1)\tA contributor who was contributing at the rate of 1.5% at the commencement of the Superannuation (Miscellaneous) Amendment Act 1998 is entitled to continue contributing at that rate until 1 July 1998.\n\t(2)\tA contributor referred to in subclause (1) who fails to elect some other rate of contribution under section 23 in respect of the 1998/1999 financial year will be taken to have elected to cease contributing in respect of that year.\n19—Operation of sections 28(1f) and 39(1db)\nSection 28(1f) and 39(1db) substituted by the Superannuation (Miscellaneous) Amendment Act 1998 operate in relation to the 1997/1998 and subsequent financial years and the provisions they replace operate in relation to the 1996/1997 and previous financial years.\n20—Election on retrenchment under section 29\nA new scheme contributor who—\n\t(a)\twas retrenched one year or less before the commencement of the Superannuation (Miscellaneous) Amendment Act 1998; and\n\t(b)\thad not reached the age of 55 years at that time; and\n\t(c)\thad not made an election under section 29(1) at that time,\nis entitled to make the election within three months after the commencement of that Act.\n21—Operation of amendments made by Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003\nAn amendment made by the Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 to a provision of this Act that provides for, or relates to, the payment of a pension, lump sum or other benefit to a person on the death of a contributor applies only if the death occurs on or after 3 July 2003.\n","sortOrder":13},{"sectionNumber":"Sch 1A","sectionType":"schedule","heading":"Provisions relating to other public sector superannuation schemes","content":"Schedule 1A—Provisions relating to other public sector superannuation schemes\n1—Regulations relating to transfer of groups of employees or former employees from other public sector superannuation schemes\n\t(1)\tSubject to subclause (2), the Governor may make regulations—\n\t(aaa)\tdeclaring a group of employees or former employees who are members of a public sector superannuation scheme to be contributors for the purposes of this Act;\n\t(a)\ttransferring all the assets and liabilities of a fund established for the purposes of a public sector superannuation scheme to the South Australian Superannuation Fund or transferring part of those assets and liabilities to that Fund and the remainder to an account to be kept at the Treasury pursuant to an arrangement under section 5;\n\t(b)\tmodifying the provisions of this Act in their application to the group of employees referred to in paragraph (aaa);\n\t(c)\tproviding for transitional matters on the making of a declaration under paragraph (aaa).\n\t(2)\tThe Governor must not make a regulation under subclause (1) unless the majority of the group of employees affected by the regulation and their employer have given their consent to the proposed regulation.\n1A—Regulations relating to transfer of other persons from public sector superannuation schemes\nThe Governor may make regulations providing—\n\t(a)\tthat particular persons, or particular classes of persons, who are members or former members of a public sector superannuation scheme, are, or are not, or have ceased to be, contributors for the purposes of this Act; or\n\t(b)\tthat a specified provision of this Act does not apply, or applies subject to prescribed modifications, to a person who is a contributor for the purposes of this Act by virtue of regulations made under this clause; or\n\t(c)\tfor the transfer of all or part of the assets and liabilities of a fund established for the purposes of a public sector superannuation scheme to the South Australian Superannuation Fund; or\n\t(d)\tfor transitional matters on the making of a regulation under this clause.\n2—Regulations to offset income tax etc\n\t(1)\tIf, pursuant to a law of the Commonwealth, tax is payable on the income of a fund established for the purposes of a public sector superannuation scheme, the Governor may, at the request of the trustees of the fund or the employer in relation to whom the scheme was established, make regulations reducing the benefits payable to, or in relation to, members of the scheme to offset the amount of the tax payable and making consequential alterations to any trust deed or other document establishing the scheme.\n\t(2)\tA regulation whenever made under subclause (1) will, unless otherwise provided in the regulation, have effect from the time at which the tax referred to in subclause (1) first became payable.\n","sortOrder":14},{"sectionNumber":"Sch 1B","sectionType":"schedule","heading":"Transfer of certain members of the Electricity Industry Superannuation Scheme to the State Scheme","content":"Schedule 1B—Transfer of certain members of the Electricity Industry Superannuation Scheme to the State Scheme\nIn this Schedule, unless the contrary intention appears—\ncontributory lump sum schemes means Divisions 2 and 4 of the Electricity Industry Superannuation Scheme providing for contributions by members and lump sum benefits for members;\nDivision 4 of the Electricity Industry Superannuation Scheme means the division of the Scheme formerly known as the \"R.G. Scheme\";\nElectricity Industry pension scheme means Division 3 of the Electricity Industry Superannuation Scheme providing for pension benefits;\nElectricity Industry Superannuation Board includes a subsequent trustee of the Electricity Industry Superannuation Scheme;\nElectricity Industry Superannuation Scheme means the ETSA Contributory and Non-Contributory Superannuation Schemes continued in existence as the Electricity Industry Superannuation Scheme by clause 3 of the Electricity Industry Superannuation Scheme Trust Deed appearing at the end of Schedule 1 of the Electricity Corporations Act 1994;\nrelevant day means the day on which the approval of the Treasurer ceases to be required for the variation or replacement of the Rules of the Electricity Industry Superannuation Scheme;\nState Scheme means the scheme of superannuation established by this Act;\nTrustee means the Electricity Industry Superannuation Board and includes subsequent trustees of the Electricity Industry Superannuation Scheme.\nPart 2—Transfer of members\n2—Transfer of existing pensioners before the relevant day\n\t(1)\tThe Treasurer may, by notice to the Electricity Industry Superannuation Board and the South Australian Superannuation Board under clause 7 before the relevant day, transfer a person who is in receipt of a pension under the Electricity Industry Superannuation Scheme from that scheme to the State Scheme.\n\t(2)\tA person transferred under subclause (1)—\n\t(a)\tis entitled to a pension under this Act which, at the time of transfer, is of equivalent value to the pension he or she was receiving immediately before the transfer; and\n\t(b)\texcept in the case of a person entitled to a derivative benefit, will be taken to be an old scheme contributor; and\n\t(c)\tin the case of a person who is entitled to a derivative benefit, will be taken to derive the benefit from an old scheme contributor.\n\t(a)\tan old scheme contributor referred to in subclause (2) dies before the expiration of 3 years after he or she first became entitled to a pension under the Electricity Industry Superannuation Scheme; or\n\t(i)\treferred to in subclause (2) who is entitled to a derivative benefit; or\n\t(ii)\twho is entitled to a derivative benefit from an old scheme contributor referred to in paragraph (a),\ndies before the expiration of 3 years after the contributor from whom the benefit was derived—\n\t(iii)\tfirst became entitled to a pension under the Electricity Industry Superannuation Scheme; or\n\t(iv)\tdied while still in employment without ever becoming entitled to such a pension,\nand—\n\t(c)\tin the case referred to in paragraph (a), no one is entitled to a derivative benefit under this Act in respect of the contributor; or\n\t(d)\tin the case referred to in paragraph (b), all derivative entitlements have ceased before the expiration of that period,\nthe contributor's estate is entitled to a lump sum equivalent to—\n\t(e)\tif paragraph (c) applies—the aggregate of the pension payments that the contributor would have received between the date of death and the third anniversary of the commencement of the pension if he or she had survived; or\n\t(f)\tif paragraph (d) applies—the aggregate of the pension payments that the contributor from whom the benefit was derived would have received between the date when the derivative entitlement, or the last of the derivative entitlements, ceased and the third anniversary of the commencement of the pension (or the date of the contributor's death) if the contributor had survived during that period,\n(the lump sum will be determined on the assumption that the pension will not be adjusted under section 47 during that period).\n\t(4)\tIf a person who is transferred under this clause was, immediately before the transfer, entitled to commute a part, or the whole, of his or her pension under the Electricity Industry Superannuation Scheme, he or she is entitled to commute the whole or a part of the pension in accordance with this Act within a period that terminates—\n\t(a)\twhen the period for commutation under the Electricity Industry Superannuation Scheme would have terminated; or\n\t(b)\tat the expiration of 3 months after the transfer,\nwhichever is the later.\n\t(5)\tAn amount equivalent in value to that part of the Scheme assets of the Electricity Industry Superannuation Scheme that is attributable to the membership of the Scheme of a person transferred to the State Scheme under this clause, or of the contributor from whom a person transferred to the State Scheme under this clause derives benefits, (to be determined by an actuary appointed by the Treasurer) must be paid by the Trustee from the Scheme assets to the Treasurer.\n\t(6)\tThe Treasurer must pay into the South Australian Superannuation Fund a contribution reflecting the amount paid to the Treasurer under subclause (5).\n3—Transfer of existing and future pensioners after the relevant day\n\t(1)\tAfter the relevant day, the Treasurer may, at the request of the Trustee, enter into an agreement with the Trustee under which a person or persons referred to in subclause (2) may be transferred from the Electricity Industry Superannuation Scheme to the State Scheme.\n\t(2)\tThe following persons may be transferred pursuant to an agreement under subclause (1):\n\t(a)\ta person who is in receipt of a pension under the Electricity Industry Superannuation Scheme;\n\t(b)\ta person who is a member of the Electricity Industry pension scheme and who is presently entitled to receive, but is not yet in receipt of, a pension following the termination of his or her employment;\n\t(c)\ta person who is entitled to a pension as a derivative benefit under the Electricity Industry Superannuation Scheme but who is not yet in receipt of the pension.\n\t(3)\tThe Treasurer may, by notice to the Electricity Industry Superannuation Board and the South Australian Superannuation Board under clause 7, transfer a person from the Electricity Industry Superannuation Scheme to the State Scheme under an agreement referred to in subclause (1).\n\t(4)\tA person transferred under subclause (3)—\n\t(a)\tis, in the case of a person who was in receipt of a pension at the time of transfer, entitled to a pension under this Act which, at the time of transfer, is of equivalent value to the pension he or she was receiving immediately before the transfer; and\n\t(b)\tis, in the case of a person referred to in subclause (2)(b) or (c), entitled to a pension under this Act which, at the time of transfer, is of equivalent value to the initial pension that he or she would have received if he or she had not been transferred; and\n\t(c)\texcept in the case of a person entitled to a derivative benefit, will be taken to be an old scheme contributor; and\n\t(d)\tin the case of a person who is entitled to a derivative benefit, will be taken to derive the benefit from an old scheme contributor.\n\t(5)\tIf—\n\t(a)\tan old scheme contributor referred to in subclause (4) who was in receipt of, or was entitled to, a pension at the time of transfer, dies before the expiration of 3 years after he or she first became entitled to a pension under the Electricity Industry Superannuation Scheme; or\n\t(i)\treferred to in subclause (4) who was in receipt of, or was entitled to, a derivative pension at the time of transfer; or\n\t(ii)\twho is entitled to a derivative benefit from an old scheme contributor referred to in paragraph (a),\ndies before the expiration of 3 years after the contributor from whom the benefit was derived—\n\t(iii)\tfirst became entitled to a pension under the Electricity Industry Superannuation Scheme; or\n\t(iv)\tdied while still in employment without ever becoming entitled to such a pension,\nand—\n\t(c)\tin the case referred to in paragraph (a), no one is entitled to a derivative benefit under this Act in respect of the contributor; or\n\t(d)\tin a case referred to in paragraph (b), all derivative entitlements have ceased before the expiration of that period,\nthe contributor's estate is entitled to a lump sum equivalent to—\n\t(e)\tif paragraph (c) applies—the aggregate of the pension payments that the contributor would have received between the date of death and the third anniversary of the commencement of the pension if he or she had survived; or\n\t(f)\tif paragraph (d) applies—the aggregate of the pension payments that the contributor from whom the benefit was derived would have received between the date when the derivative entitlement, or the last of the derivative entitlements, ceased and the third anniversary of the commencement of the pension (or the date of the contributor's death) if the contributor had survived during that period,\n(the lump sum will be determined on the assumption that the pension will not be adjusted under section 47 during that period).\n\t(6)\tIf a person who is transferred under this clause was, immediately before the transfer, entitled to commute a part, or the whole, of his or her pension under the Electricity Industry Superannuation Scheme, he or she is entitled to commute the whole or a part of the pension in accordance with this Act within a period that terminates—\n\t(a)\twhen the period for commutation under the Electricity Industry Superannuation Scheme would have terminated; or\n\t(b)\tat the expiration of 3 months after the transfer,\nwhichever is the later.\n\t(7)\tAn amount equivalent in value to that part of the Scheme assets of the Electricity Industry Superannuation Scheme that is attributable to the contributions (and the interest and other income and other accretions arising from investment of those contributions) to the Scheme of a person transferred to the State Scheme under this clause who was in receipt of, or entitled to, a pension at the time of transfer, or of the contributor from whom a person transferred to the State Scheme under this clause derives benefits, (to be determined by an actuary appointed by the Treasurer) must be paid by the Trustee from the Scheme assets to the Treasurer.\n\t(8)\tThe Treasurer must pay into the South Australian Superannuation Fund a contribution reflecting the amount paid to the Treasurer under subclause (7).\n\t(9)\tAn amount equivalent in value to the aggregate value of the employer components of benefits payable under this Act to, or in respect of, persons transferred under this clause (to be determined by an actuary appointed by the Treasurer) must be paid by the Trustee from the Scheme assets of the Electricity Industry Superannuation Scheme to the Treasurer.\n4—Transfer of persons entitled to preserved benefits\n\t(1)\tThe Treasurer may, by notice to the Electricity Industry Superannuation Board and the South Australian Superannuation Board under clause 7 before the relevant day, transfer a person referred to in subclause (2) from the Electricity Industry Superannuation Scheme to the State Scheme.\n\t(2)\tA person who—\n\t(a)\tis a member of the Electricity Industry pension scheme or either of the contributory lump sum schemes; and\n\t(b)\tis entitled to preserved benefits in the relevant scheme; and\n\t(c)\tis not accruing benefits under any other division of the Electricity Industry Superannuation Scheme,\nmay be transferred under this clause.\n\t(3)\tAfter the transfer—\n\t(a)\ta person who had been a member of the Electricity Industry pension scheme will be taken to be an old scheme contributor under this Act; and\n\t(b)\ta person who had been a member of either of the contributory lump sum schemes will be taken to be a new scheme contributor under this Act.\n\t(4)\tThe South Australian Superannuation Board must open a contribution account in the name of each person transferred under this clause and must credit to the account an amount equivalent to the amount standing to the credit of the person's contribution account in the Electricity Industry Superannuation Scheme immediately before the transfer.\n\t(5)\tAn amount equivalent to the aggregate of the amounts credited to contribution accounts under subclause (4) must be paid by the Trustee from the Scheme assets of the Electricity Industry Superannuation Scheme to the Treasurer.\n\t(6)\tThe Treasurer must pay into the South Australian Superannuation Fund a contribution reflecting the amount paid to the Treasurer under subclause (5).\n\t(7)\tIf—\n\t(a)\ta person who was a member of the Electricity Industry pension scheme before being transferred to the State Scheme under subclause (1) or the spouse or eligible child of such a person is entitled to a pension under section 39(5), the pension will—\n\t(i)\tin the case of a retirement pension or an invalid pension payable to the person—be equivalent to his or her notional pension;\n\t(ii)\tin the case of a pension payable to a spouse or eligible child—be determined in accordance with section 38 on the basis that the person's notional pension as defined in subclause (8) is the notional pension referred to in section 38;\n\t(b)\tthe estate of a person referred to in paragraph (a) is entitled to a lump sum under section 39(5)(e) or (f), the lump sum will—\n\t(i)\tif section 39(5)(e) applies—be the amount stated in section 39(8a);\n\t(ii)\tif section 39(5)(f) applies—be the aggregate of the following amounts:\n\t(A)\tan employee component (to be charged against the person's contribution account) equivalent to the amount standing to the credit of that account; and\n\t(B)\tan employer component being an amount equivalent to 1.8 times the employee component.\n\t(8)\tIn subclause (7)—\nnotional pension in relation to a person means the pension that the person would have been entitled to receive under the Electricity Industry pension scheme if he or she had become entitled to receive that pension immediately before being transferred to the State Scheme adjusted to reflect changes in the Consumer Price Index from the date on which the person was transferred;\nspouse means a person referred to in section 38(1a).\n\t(9)\tA person who was a member of either of the contributory lump sum schemes before being transferred to the State Scheme under subclause (1) will (or, if the person has died, the spouse or estate of the person will) be entitled to a lump sum under section 28(2) that is the aggregate of the following amounts:\n\t(a)\tan employee component (to be charged against the person's contribution account) equivalent to the amount standing to the credit of that account; and\n\t(b)\tthe person's notional employer component adjusted to reflect changes in the Consumer Price Index from the date on which the person was transferred.\n\t(10)\tIn subclause (9)—\nnotional employer component in relation to a person means the employer component that the person would have been entitled to receive under the contributory lump sum scheme if he or she had become entitled to receive that component immediately before being transferred to the State Scheme.\n5—Transfer of certain other persons\n\t(1)\tThe Treasurer may, with the consent of the person, by notice to the Electricity Industry Superannuation Board and the South Australian Superannuation Board under clause 7, transfer a person who is a member of the Electricity Industry Superannuation Scheme and who also falls within the definition of employee in section 4 from that scheme to the State Scheme.\n\t(2)\tAfter the transfer—\n\t(a)\ta person who had been a member of the Electricity Industry pension scheme will be taken to be an old scheme contributor under this Act; and\n\t(b)\ta person who had been a member of either of the contributory lump sum schemes will be taken to be a new scheme contributor under this Act.\n\t(3)\tThe South Australian Superannuation Board must open a contribution account in the name of each person transferred under this clause and must credit to the account an amount equivalent to the amount standing to the credit of the person's contribution account in the Electricity Industry Superannuation Scheme immediately before the transfer.\n\t(4)\tAn amount equivalent to the aggregate of the amounts credited to contribution accounts under subclause (3) must be paid by the Trustee from the Scheme assets of the Electricity Industry Superannuation Scheme to the Treasurer.\n\t(5)\tThe Treasurer must pay into the South Australian Superannuation Fund a contribution reflecting the amount paid to the Treasurer under subclause (4).\n\t(6)\tAn amount equivalent in value to the aggregate value of the employer components of those parts of benefits payable under this Act to, or in respect of, persons transferred under this clause that are attributable to contributors' employment up to the time of transfer (to be determined by an actuary appointed by the Treasurer) must be paid by the Trustee from the Scheme assets of the Electricity Industry Superannuation Scheme to the Treasurer.\n\t(7)\tThe Minister must attribute to each person transferred under this clause (other than a person who was immediately before the transfer a member of Division 4 of the Electricity Industry Superannuation Scheme) a number of contribution points that is sufficient—\n\t(a)\tto provide the person with an accrued entitlement under this Act at the time of transfer that is not less than his or her accrued entitlement under the Electricity Industry Superannuation Scheme immediately before the transfer; and\n\t(b)\tin the case of a person who was entitled to defined benefits under the Electricity Industry Superannuation Scheme, to ensure that the level of benefits on retirement at age 60 that the person was to be entitled to under that Scheme are maintained.\n\t(8)\tThe Treasurer must pay into the South Australian Superannuation Fund a contribution reflecting the amount paid to the Treasurer under subclause (6) in respect of persons who were immediately before the transfer members of Division 4 of the Electricity Industry Superannuation Scheme, and the South Australian Superannuation Board must open an account under section 47B in the name of each person transferred from Division 4 and credit to each account that part of the contribution paid by the Treasurer that is attributable to the person in whose name the account has been opened.\n\t(9)\tIn the application of Part 4 in relation to a person transferred under this clause who was, immediately before the transfer, a member of Division 4 of the Electricity Industry Superannuation Scheme—\n\t(a)\tthe number \"4.5\" wherever appearing in a formula in that Part will be changed to \"4.9\"; and\n\t(b)\tthe number \"3.86\" wherever appearing in such a formula will be changed to \"4.2\"; and\n\t(c)\tthe number \"420\" wherever appearing in such a formula will be changed to \"360\".\n\t(10)\tSubject to an election under subclause (11), a person transferred under this clause is required to contribute at the rate of 6 per cent of salary until he or she makes an election under section 23 to contribute at some other rate.\n\t(11)\tA person may, within 14 days after service of a notice under clause 7(3), elect, in a manner approved by the Board, to contribute at any of the rates set out in section 23.\n\t(12)\tThe Board may, in a particular case, extend the period of 14 days referred to in subclause (11).\nPart 3—General\n6—Employer contributions\n\t(1)\tMoney standing to the credit of the fund or funds referred to in clause 18A of Schedule 1 of the Electricity Corporations Act 1994 (before its repeal by the Electricity Corporations (Restructuring and Disposal) Act 1999) must be paid to the Treasurer.\n\t(2)\tThe employer of a person who has been transferred to the State Scheme under clause 5 will be taken to have entered into an arrangement with the Board under section 5.\n\t(3)\tThe terms of the arrangement will be determined by the Treasurer after consultation with the employer.\n7—Notices\n\t(1)\tThe Treasurer may serve notice on the Electricity Industry Superannuation Board and the South Australian Superannuation Board transferring a member or members of the Electricity Industry Superannuation Scheme to the State Scheme under this Schedule.\n\t(2)\tThe notice must—\n\t(a)\tbe in writing; and\n\t(b)\tidentify the member or members to whom it applies; and\n\t(c)\tidentify the clause of this Schedule in relation to which it will operate.\n\t(3)\tOn receipt of a notice under subclause (1), the Electricity Industry Superannuation Board must give notice to each member transferred advising him or her of the transfer.\n8—Cessation of entitlements under the Electricity Industry Superannuation Scheme\nOn the transfer of a person to the State Scheme under this Schedule, his or her entitlements under the Electricity Industry Superannuation Scheme cease.\n9—Power to obtain information\n\t(1)\tThe South Australian Superannuation Board may, from time to time, require the Electricity Industry Superannuation Board to provide it with information in its possession relating to persons transferred to the State Scheme under this Schedule.\n\t(2)\tDespite any other Act or law to the contrary, the Electricity Industry Superannuation Board must comply with a requirement under subclause (1).\n10—Transfer effective despite Electricity Corporations Act 1994\nTransfers under this Schedule have effect despite provisions of Schedule 1 of the Electricity Corporations Act 1994 as to membership of the Electricity Industry Superannuation Scheme.\n11—Regulations may be made for transitional purposes\n\t(1)\tThe Governor may, by regulation, make provisions of a transitional nature in relation to the transfer of persons under this Schedule to the State Scheme.\n\t(2)\tA regulation made under this clause may—\n\t(a)\tmodify the provisions of this Act in their application to a person transferred under this Schedule;\n\t(b)\toperate prospectively or retrospectively from a date specified in the regulation.\n","sortOrder":15},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":null,"content":"Schedule 2\t\n\n0.1378\n0.2150\n0.2890\n0.1404\n0.2175\n0.2914\n0.1430\n0.2200\n0.2938\n0.1457\n0.2225\n0.2962\n0.1483\n0.2250\n0.2986\n0.1509\n0.2275\n0.3010\n0.1535\n0.2300\n0.3034\n0.1561\n0.2325\n0.3058\n0.1587\n0.2350\n0.3082\n0.1613\n0.2375\n0.3106\n0.1639\n0.2400\n0.3129\n0.1665\n0.2425\n0.3153\n0.1690\n0.2450\n0.3177\n0.1716\n0.2474\n0.3201\n0.1742\n0.2499\n0.3224\n0.1768\n0.2524\n0.3248\n0.1794\n0.2548\n0.3272\n0.1819\n0.2573\n0.3295\n0.1845\n0.2598\n0.3319\n0.1870\n0.2622\n0.3342\n0.1896\n0.2647\n0.3366\n0.1922\n0.2671\n0.3389\n0.1947\n0.2696\n0.3412\n0.1972\n0.2720\n0.3436\n0.1998\n0.2744\n0.3459\n0.2023\n0.2769\n0.3482\n0.2049\n0.2793\n0.3506\n0.2074\n0.2817\n0.3529\n0.2099\n0.2841\n0.3552\n0.2124\n0.2866\n0.3575\n0.3598\n0.4275\n0.4921\n0.3621\n0.4297\n0.4942\n0.3644\n0.4319\n0.4962\n0.3667\n0.4341\n0.4983\n0.3690\n0.4363\n0.5004\n0.3713\n0.4385\n0.5025\n0.3736\n0.4407\n0.5046\n0.3759\n0.4429\n0.5067\n0.3782\n0.4450\n0.5087\n0.3805\n0.4472\n0.5108\n0.3827\n0.4494\n0.5129\n0.3850\n0.4516\n0.5149\n0.3873\n0.4537\n0.5170\n0.3896\n0.4559\n0.5190\n0.3918\n0.4580\n0.5211\n0.3941\n0.4602\n0.5231\n0.3963\n0.4623\n0.5252\n0.3986\n0.4645\n0.5272\n0.4008\n0.4666\n0.5293\n0.4031\n0.4688\n0.5313\n0.4053\n0.4609\n0.5333\n0.4075\n0.4730\n0.5354\n0.4098\n0.4752\n0.5374\n0.4120\n0.4773\n0.5394\n0.4142\n0.4794\n0.5414\n0.4165\n0.4815\n0.5434\n0.4187\n0.4836\n0.5454\n0.4209\n0.4857\n0.5474\n0.4231\n0.4879\n0.5494\n0.4253\n0.4900\n0.5514\n0.5534\n0.6116\n0.6667\n0.5554\n0.6135\n0.6673\n0.5574\n0.6154\n0.6678\n0.5594\n0.6173\n0.6684\n0.5614\n0.6192\n0.6689\n0.5634\n0.6210\n0.6695\n0.5653\n0.6229\n0.6700\n0.5673\n0.6248\n0.6706\n0.5693\n0.6266\n0.6712\n0.5712\n0.6285\n0.6717\n0.5732\n0.6303\n0.6723\n0.5751\n0.6322\n0.6728\n0.5771\n0.6340\n0.6734\n0.5790\n0.6359\n0.6740\n0.5810\n0.6377\n0.6745\n0.5829\n0.6396\n0.6751\n0.5849\n0.6414\n0.6756\n0.5868\n0.6432\n0.6762\n0.5887\n0.6451\n0.6767\n0.5907\n0.6469\n0.6773\n0.5926\n0.6487\n0.6778\n0.5945\n0.6505\n0.6784\n0.5964\n0.6523\n0.6789\n0.5983\n0.6541\n0.6795\n0.6003\n0.6559\n0.6800\n0.6022\n0.6577\n0.6806\n0.6041\n0.6595\n0.6811\n0.6060\n0.6613\n0.6817\n0.6079\n0.6631\n0.6822\n0.6098\n0.6649\n0.6828\n0.6833\n0.7000\n0.7166\n0.6839\n0.7006\n0.7172\n0.6845\n0.7011\n0.7178\n0.6850\n0.7017\n0.7183\n0.6856\n0.7022\n0.7189\n0.6861\n0.7028\n0.7194\n0.6867\n0.7033\n0.7200\n0.6873\n0.7039\n0.7206\n0.6878\n0.7045\n0.7211\n0.6884\n0.7050\n0.7217\n0.6889\n0.7056\n0.7222\n0.6895\n0.7061\n0.7228\n0.6900\n0.7067\n0.7233\n0.6906\n0.7073\n0.7239\n0.6911\n0.7078\n0.7244\n0.6917\n0.7084\n0.7250\n0.6922\n0.7089\n0.7255\n0.6928\n0.7095\n0.7261\n0.6933\n0.7100\n0.7266\n0.6939\n0.7106\n0.7272\n0.6944\n0.7111\n0.7277\n0.6950\n0.7117\n0.7283\n0.6955\n0.7122\n0.7288\n0.6961\n0.7128\n0.7294\n0.6966\n0.7133\n0.7299\n0.6972\n0.7139\n0.7305\n0.6978\n0.7144\n0.7311\n0.6983\n0.7150\n0.7316\n0.6989\n0.7155\n0.7322\n0.6994\n0.7161\n0.7327\n","sortOrder":16},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Administered schemes","content":"Schedule 3—Administered schemes\n","sortOrder":17},{"sectionNumber":"Part 1","sectionType":"part","heading":"Interpretation","content":"Part 1—Interpretation\n\t(1)\tIn this Schedule, unless the contrary intention appears—\ndirector of a body corporate means a person who is a member of the governing body of the body corporate;\nrules, in relation to a superannuation scheme, means any rules contained in a trust instrument or other document governing the establishment or operation of the superannuation scheme (subject to any provision made by this Schedule);\nspecial resolution means—\n\t(a)\tin relation to the directors of a body corporate—a resolution passed by at least two-thirds of the votes cast by the directors of the body corporate voting with respect to the matter;\n\t(b)\tin relation to the trustees of a superannuation scheme—a resolution passed by at least two-thirds of the votes cast by the trustees of the superannuation scheme voting with respect to the matter;\nsuperannuation scheme means a scheme (whether established within the private sector or the public sector) that—\n\t(a)\tis established for the purposes of providing superannuation or retirement benefits (and may provide for other benefits such as invalidity or death benefits); and\n\t(b)\tprovides for an indefinitely continuing fund,\nother than a scheme established under another part of this Act, or under another Act;\nSuper SA means the agency or body designated from time to time for the purposes of this Schedule by the Minister by notice in the Gazette as being the entity primarily involved in assisting in the administration of public sector superannuation schemes within the State;\ntrustee, in relation to a superannuation scheme, means—\n\t(a)\tif there is a trustee (within the ordinary meaning of that expression) of the superannuation scheme—the trustee; or\n\t(b)\tin any other case—the person who administers the superannuation scheme under the rules of the scheme.\n\t(2)\tFor the purposes of this Schedule, an administered scheme is a superannuation scheme that is within the ambit of a declaration under clause 2.\n\t(3)\tFor the purposes of this Schedule, a superannuation fund is a pool of assets accumulated for the purposes of a superannuation scheme.\n\t(4)\tA reference in this Schedule to rate of return is a reference to a positive or a negative rate of return.\nPart 2—Management of schemes\n2—Application of Schedule to schemes\n\t(1)\tThe Minister may, by notice in the Gazette, declare that this Schedule applies to or in relation to a superannuation scheme in 1 or more of the following respects:\n\t(a)\tthat the superannuation scheme and its associated superannuation fund will be a scheme and fund established under this Act;\n\t(b)\tthat the superannuation scheme will be administered by Super SA;\n\t(c)\tthat the superannuation fund will be invested and managed by the Superannuation Funds Management Corporation of South Australia;\n\t(d)\tthat the superannuation scheme and its associated superannuation fund will have the Board as its trustee.\n\t(2)\tThe Minister may not make a declaration under subclause (1) unless—\n\t(a)\tthe superannuation scheme is a qualifying scheme; and\n\t(b)\tthe Minister is acting on the basis of an application made by the trustee of the scheme.\n\t(3)\tThe following provisions apply in connection with the operation of paragraph (a) of subclause (2):\n\t(a)\ta superannuation scheme is a qualifying scheme if the operations of the employer of the members of the scheme are wholly or substantially funded by money provided by—\n\t(i)\tthe Government of the State; or\n\t(ii)\tan agency or instrumentality of the Crown; or\n\t(iii)\tsome other public authority prescribed by the regulations for the purposes of this paragraph; and\n\t(b)\tonce a declaration has been made under subclause (1) in relation to a superannuation scheme, it is irrelevant if the scheme ceases to be a qualifying scheme (and the Minister may, if due application has been made, make a further declaration under subclause (1) on the basis that paragraph (a) of subclause (2) no longer applies).\n\t(4)\tThe following provisions apply in connection with the operation of paragraph (b) of subclause (2):\n\t(a)\tan application under that paragraph must be made in a manner and form determined by the Minister and be accompanied by such information as the Minister thinks fit; and\n\t(i)\tif the trustee of the superannuation scheme is a body corporate with 3 or more directors—an application under that paragraph must be made pursuant to a special resolution of the directors of the body corporate;\n\t(ii)\tif the superannuation scheme has 3 or more trustees—an application under that paragraph must be made pursuant to a special resolution of the trustees.\n\t(5)\tA declaration under subclause (1)—\n\t(a)\twill have effect according to its terms; and\n\t(b)\twill take effect on a day fixed by the Minister by notice in the Gazette (either as part of the declaration or by a separate notice published at a later time).\n\t(6)\tIf a declaration is made under subclause (1)(a), the declaration will have the effect of establishing a new scheme in place of the scheme and fund to which the declaration relates—\n\t(a)\twith the same assets, subject to any provision as to their administration or management under subclause (1)(b) or (c) and to the operation of any other provision of this Schedule and subject to future variations; and\n\t(b)\twith the same trustee or trustees, subject to the operation of a declaration under subclause (1)(d) and subject to future changes in arrangements made in accordance with any relevant provision in the trust deed for the scheme; and\n\t(c)\twith the same members and benefits, subject to the operation of any other provision of this Schedule or the trust deed or rules of the scheme and subject to future changes in membership or variations to that trust deed or rules; and\n\t(d)\twith a trust deed and rules applying (from time to time) under clause 3.\n\t(7)\tIf a declaration is made under subclause (1)(d), the Board will, if the Minister so determines—\n\t(a)\tindemnify a trustee of the superannuation scheme holding office before the declaration against any liabilities that the trustee was indemnified against before the making of the declaration;\n\t(b)\tbe subrogated to the rights of a trustee of the superannuation scheme holding office before the declaration.\n3—Arrangements as to trust deed and rules\n\t(1)\tEach administered scheme is to have—\n\t(a)\ta trust deed; and\n\t(b)\ta set of rules.\n\t(2)\tThe trust deed and the rules will be contained in instruments recognised by the Minister by notice in the Gazette.\n\t(3)\tThe Minister must not publish a notice under subclause (2) unless the Minister—\n\t(a)\tis acting on the basis of an application made by the trustee of the relevant superannuation scheme; and\n\t(b)\tis satisfied that the trust deed and rules of the administered scheme confer on members of the scheme equivalent rights to the rights that members had under the original fund in respect of benefits.\n\t(4)\tA trust deed or rules may be varied in accordance with the terms of the trust deed or rules and subclauses (2) and (3) will apply to any variation in the same manner as they applied to the original trust deed or rules (as the case requires).\n\t(5)\tFor the purposes of subclause (3), if the application is made—\n\t(a)\tby a body corporate that has 3 or more directors—the application must be made pursuant to a special resolution of the directors of the body corporate;\n\t(b)\tby the trustees of a superannuation scheme that has 3 or more trustees—the application must be made pursuant to a special resolution of the trustees.\n4—Arrangements as to assets\n\t(1)\tIf a declaration has been made under clause 2(1)(c), the trustee of the relevant superannuation scheme may, by instrument in writing, transfer any assets of the scheme to the Superannuation Funds Management Corporation of South Australia so that those assets may be invested and managed under this Schedule.\n\t(2)\tAny monetary asset received under subclause (1) must be paid into a fund under Part 3.\n\t(3)\tSuper SA or the Superannuation Funds Management Corporation of South Australia may also receive and hold records and other information that have been created or obtained in connection with the operation of an administered scheme.\nPart 3—Establishment of funds and contribution accounts\nDivision 1—Establishment of funds\n5—Management and establishment of funds\n\t(1)\tIf a declaration is made under clause 2(1)(c), the Superannuation Funds Management Corporation of South Australia may, depending on arrangements determined or approved by the Minister and the other requirements of this Schedule—\n\t(a)\tassume the management of an existing fund (and make investments accordingly); or\n\t(b)\testablish a fund for the purposes of the administered scheme (and invest assets of the relevant scheme transferred to or held by the Corporation for the purposes of management by the Corporation).\n\t(2)\tThe assets of an administered scheme that is subject to a declaration under clause 2(1)(c) will be invested, managed and held for the benefit of that scheme and will not belong to the Crown.\n\t(3)\tSubject to the following subclauses, the Corporation may enter into transactions affecting any assets held in a fund under subclause (1)(a) or (b)—\n\t(a)\tfor the purposes of investment; or\n\t(b)\tfor purposes incidental, ancillary or otherwise related to investment.\n\t(4)\tThe Corporation must consult with the trustee of the relevant superannuation scheme to determine the risk/return objectives and strategic asset allocation policies to be adopted with respect to the management and investment of the fund.\n\t(5)\tSubject to subclause (6), the trustee of the scheme will be ultimately responsible for setting the risk/return objectives and the Corporation will be ultimately responsible for determining the strategic asset allocation policies.\n\t(6)\tIf a disagreement arises between the trustee and the Corporation with respect to the investment of the fund, the matter must be referred to the Treasurer and a decision of the Treasurer will determine the matter (and will have effect according to its terms).\n\t(7)\tIf the assets of a superannuation scheme are being managed under this Schedule, then, subject to any other arrangements under the rules of the scheme or approved by the trustee of the scheme—\n\t(a)\tSuper SA must pay to the credit of the fund maintained for the purposes of the scheme all contributions received by Super SA for the purposes of the scheme; and\n\t(b)\tall interest and accretions arising from the investment of the assets of the scheme must be paid into a fund managed or established under this Schedule for the benefit of the scheme; and\n\t(c)\tall benefits under the scheme will be paid from a fund managed or established under this Schedule for the benefit of the scheme.\n\t(8)\tThe Corporation may pay from a fund managed by the Corporation under this Schedule—\n\t(a)\tadministrative costs and other expenses related to the management and investment activities of the Corporation in connection with the fund; and\n\t(b)\tif relevant, administrative charges payable under clause 11; and\n\t(c)\tany other amount payable in connection with the management or operation of the relevant superannuation scheme determined to be payable from the fund pursuant to the rules of the scheme or a determination of the trustee of the scheme.\n\t(9)\tThe Corporation must determine the value of a fund managed under this clause as at the end of each financial year.\n6—Division of funds into distinct parts\n\t(1)\tThe Superannuation Funds Management Corporation of South Australia must, at the request of the trustee of the administered scheme—\n\t(a)\tdivide a fund managed by the Corporation for the purposes of an administered scheme into 2 or more distinct divisions; and\n\t(b)\tfurther divide a distinct division into subdivisions.\n\t(2)\tDifferent divisions or subdivisions of a fund may be invested in different ways (and different rates of return may apply to different divisions or subdivisions).\nDivision 2—Contribution accounts\n7—Contribution accounts\n\t(1)\tSuper SA may, for the purposes of an administered scheme (insofar as may be relevant), establish and maintain contribution accounts—\n\t(a)\tin the names of the members of the scheme;\n\t(b)\tin the name of the employer of the members of the scheme.\n\t(2)\tSuper SA may—\n\t(a)\tcredit and debit contribution accounts in accordance with the terms of the relevant superannuation scheme or otherwise to reflect the operation of this Schedule;\n\t(b)\tprovide for rates of return to be reflected in contribution accounts on the basis of a determination of the trustee of the scheme after taking into account the relevant rates of return that apply to the investment of a fund established under Division 1.\nPart 4—Miscellaneous\n8—Insurance arrangements\n\t(1)\tSuper SA may, with the approval of the Minister, establish (and maintain) arrangements that provide members of 1 or more administered schemes with death, disability or other forms of insurance.\n\t(2)\tThe terms and conditions of insurance established under this clause (including as to any premiums to be paid by members of administered schemes or, if it is so determined, by the employer of the members of the scheme) may be—\n\t(a)\tincluded in the rules of an administered scheme; or\n\t(b)\tprescribed by regulations made for the purposes of this provision.\n\t(3)\tSuper SA may, in establishing and maintaining insurance under this clause—\n\t(a)\testablish a pool of funds or other assets that relate to more than 1 administered scheme;\n\t(b)\tinvest any funds or other assets as it thinks fit;\n\t(c)\tenter into insurance or re-insurance arrangements with other entities;\n\t(d)\testablish arrangements, provide or offer benefits, or set premiums or other terms or conditions, that vary between different administered schemes, or different classes of members of administered schemes;\n\t(e)\tundertake any activity through the Minister (as a body corporate), the Board, the Superannuation Funds Management Corporation of South Australia, or any other entity determined by Super SA after consultation with the Minister;\n\t(f)\ttake such other action that is necessary or expedient for the purposes of providing insurance under this clause.\n\t(4)\tAny funds or other assets relating to insurance arrangements established under this clause may be held separately from any funds or other assets administered under Part 2 and Part 3.\n9—Accounts and audit\n\t(1)\tSuper SA must, in respect of each financial year for which it is the manager of an administered scheme, in respect of each administered scheme—\n\t(a)\tmaintain proper accounts of amounts paid to Super SA for the purposes of the scheme; and\n\t(b)\tmaintain proper accounts of payments to, on behalf of, or in respect of, members of the scheme; and\n\t(c)\tmaintain proper accounts of any other associated receipts or payments; and\n\t(d)\tprepare financial statements in relation to those receipts and payments.\n\t(2)\tSubject to subclause (3), the Auditor-General must, on an annual basis, audit—\n\t(a)\tthe accounts and financial statements referred to in subclause (1); and\n\t(b)\tany other accounts or financial statements of an administered scheme.\n\t(3)\tThe Auditor-General may, as the Auditor-General thinks fit, appoint or authorise another person to conduct an audit on behalf of, or instead of, the Auditor-General.\n\t(4)\tThe Auditor-General may, at any other time, audit the accounts and financial statements of Super SA under this Schedule, or of an administered scheme within the scope of this Schedule.\n10—Reports\n\t(1)\tSuper SA must, in conjunction with each annual report of the Board under this Act, provide a report on the operation of this Schedule in relation to any administered scheme that is within the ambit of a declaration under clause 2(1)(b) during the financial year to which the annual report relates.\n\t(2)\tA report under subclause (1) must include—\n\t(a)\ta copy of any accounts or financial statements that are required to be audited under this Schedule in respect of each relevant scheme for the financial year; and\n\t(b)\tif a fund has been managed under Part 3 Division 1 in respect of any part of the relevant financial year—a copy of the audited accounts and financial statements for that fund provided by the Superannuation Funds Management Corporation of South Australia.\n\t(3)\tIn addition, the trustee of an administered scheme that is within the ambit of a declaration that does not extend beyond clause 2(1)(a) must, on or before 31 October in each year, furnish to the Minister the trustee's annual report for the scheme for the financial year ending on 30 June in that year.\n\t(4)\tThe Minister must, within 6 sitting days after receiving a report under this clause, have copies of the report laid before both Houses of Parliament.\n\t(5)\tSuper SA must also report in accordance with any requirements imposed on Super SA under the rules of an administered scheme, or under the regulations.\n11—Fees\n\t(1)\tThe Minister may establish and impose an administrative charge in connection with Super SA acting as manager of an administered scheme under this Schedule.\n\t(2)\tThe Board may, after consultation with the Minister, establish and impose an administrative charge in connection with the Board acting as trustee of an administered scheme under this Schedule.\n\t(3)\tThe Minister or the Board may, in connection with the operation of subclause (1) or (2)—\n\t(a)\tfix different charges with respect to different funds or different circumstances;\n\t(b)\trecover any charge imposed under this clause from any fund of an administered scheme or, if the trust deed of the administered scheme so provides, from any employer of any members of an administered scheme;\n\t(c)\tarrange for any contribution account to be debited to reflect any charge imposed under this clause;\n\t(d)\tvary a charge from time to time.\n12—Cessation of scheme\n\t(1)\tThe Minister may, by notice in the Gazette, revoke a declaration relating to an administered scheme under this Schedule.\n\t(2)\tThe Minister may, by notice in the Gazette, transfer any assets of the relevant fund in order to give effect to the change in circumstances.\n12A—Unclaimed superannuation benefits\nIf an amount of a superannuation fund of an administered scheme is attributable to an unclaimed superannuation benefit, the trustees of the scheme may, in accordance with the Superannuation (Unclaimed Money and Lost Members) Act 1999 of the Commonwealth, pay an amount equal to the unpaid superannuation benefit, or any amount required to be paid under that Act on account of the unclaimed superannuation benefit, from the fund to the Commissioner of Taxation.\n13—Stamp duty\n\t(1)\tNo stamp duty is payable under a law of this State in respect of any transfer of assets connected with, or arising out of, the operation of this Schedule.\n\t(2)\tNo person has an obligation under the Stamp Duties Act 1923 to lodge a statement or return relating to a matter referred to in subclause (1), or to include in a statement or return a record or information relating to such a matter.\n14—Transitional provisions\n\t(1)\tThe Governor may, by regulation, make provisions of a saving or transitional nature in relation to a declaration of the Minister under this Schedule.\n\t(2)\tA regulation made under subclause (1) may—\n\t(a)\tmodify the provisions of this Schedule in their application to a particular scheme;\n\t(b)\toperate prospectively or retrospectively from a date specified in the regulation.\nLegislative history\nNotes\n\t•\tThis version is comprised of the following:\nSchedules\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\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 this Act (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 repealed by principal Act\nThe Superannuation Act 1988 repealed the following:\nSuperannuation Act 1974\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Superannuation Act 1988\n28.4.1988\n1.7.1988 (Gazette 19.5.1988 p1246)\n Superannuation Act Amendment Act 1989\n30.3.1989\n20.4.1989 (Gazette 13.4.1989 p1006) except s 9(b) & 14—1.7.1988: s 2(2) \n Superannuation Act Amendment Act (No. 2) 1989\n Superannuation Act Amendment Act 1990\n20.12.1990\n17.1.1991 (Gazette 17.1.1991 p182)\n Superannuation (Miscellaneous) Amendment Act 1991\n5.12.1991\n19.12.1991 (Gazette 19.12.1991 p1905) except s 15—17.1.1991: s 2(1)\n Statutes Amendment (Public Actuary) Act 1992\n19.11.1992\n10.12.1992 (Gazette 10.12.1992 p1752)\n Superannuation (Scheme Revision) Amendment Act 1992\n1.7.1992 except s 8(b) & (c)—10.12.1992: s 2\n Police Superannuation (Superannuation Guarantee) Amendment Act 1993\n25.3.1993\ns 9—19.12.1991: s 2\n Superannuation (Voluntary Separation) Amendment Act 1993\n20.5.1993\n27.5.1993 (Gazette 27.5.1993 p1753)\n Passenger Transport Act 1994\n26.5.1994\nSch 4—1.7.1994 (Gazette 30.6.1994 p1843)\n Superannuation (Miscellaneous) Amendment Act 1994\n2.6.1994 (Gazette 2.6.1994 p1524) except s 14(i)—5.6.1992: s 2(2)\n Statutes Amendment (Closure of Superannuation Schemes) Act 1994 as amended by 53/1994 and 57/1994\n9.6.1994\nPt 2 (ss 4 & 5)—3.5.1994 and Pt 4 (s 8)—21.10.1994: s 2\n Statutes Amendment (Closure of Superannuation Schemes) (Extension of Time) Amendment Act 1994\n15.9.1994\n30.9.1994: s 2\n Statutes Amendment (Closure of Superannuation Schemes) Amendment Act 1994\n20.10.1994\n20.10.1994: s 2\n Superannuation Funds Management Corporation of South Australia Act 1995\n27.4.1995\n1.7.1995 (Gazette 25.5.1995 p2199)\n Superannuation (Contracting Out) Amendment Act 1995\n7.12.1995\n14.12.1995 (Gazette 14.12.1995 p1642)\n Superannuation (Employee Mobility) Amendment Act 1997\n Superannuation (Miscellaneous) Amendment Act 1997\n24.7.1997 except s 8—1.7.1992: s 2\n Statutes Amendment (Adjustment of Superannuation Pensions) Act 1998\n2.4.1998\nPt 5 (s 7)—1.10.1997 : s 2\n Superannuation (Miscellaneous) Amendment Act 1998\n2.4.1998\n16.4.1998 (Gazette 16.4.1998 p1707) except s 18(h)—1.7.1994 : s 2(2)\n Statutes Amendment (Commutation for Superannuation Surcharge) Act 1999\n Electricity Corporations (Restructuring and Disposal) Act 1999\nSch 3( Pt 3)—1.12.1999 (Gazette 23.9.1999 p1214)\n Superannuation (Voluntary Separation Packages) Amendment Act 1999\n12.8.1999\n1.7.1999: s 2\n District Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 (cl 41)—1.6.2000 (Gazette 18.5.2000 p2554)\n Superannuation (Miscellaneous) Amendment Act 2000\n13.7.2000\n17.8.2000 (Gazette 17.8.2000 p498) except s 13—1.7.1988: s 2(2)\n Police Superannuation (Miscellaneous) Amendment Act 2001\n12.4.2001\n1.7.2001 (Gazette 14.6.2001 p2220)\n Statutes Amendment (Indexation of Superannuation Pensions) Act 2001\n3.8.2001\nPt 6 (s 9)—1.1.2002: s 2\n Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003\n12.6.2003\nPt 5 (ss 11—13)—3.7.2003 (Gazette 3.7.2003 p2877)\n Statutes Amendment (Notification of Superannuation Entitlements) Act 2003\n17.7.2003\nPt 4 (ss 8—11)—17.8.2003: s 2\n Statute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n Statutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003\n20.11.2003\nPt 6 (s 28—33)—18.12.2003 (Gazette 18.12.2003 p4527)\n Passenger Transport (Dissolution of Passenger Transport Board) Amendment Act 2003\n4.12.2003\nSch 1 (cl 4)—1.1.2004 (Gazette 18.12.2003 p4525)\n Statutes Amendment (Miscellaneous Superannuation Measures) Act 2004\n5.8.2004\nPt 4 (ss 16—21)—19.8.2004 (Gazette 19.8.2004 p3280)\n Statutes Amendment (Miscellaneous Superannuation Measures No 2) Act 2004\n16.12.2004\nPt 6 (s 46)—3.7.2003: s 2(3); Pt 6 (ss 40—45)—13.1.2005 (Gazette 13.1.2005 p69)\n Superannuation (Administered Schemes) Amendment Act 2006\nPt 2 (ss 3—10) & Sch 1 (cll 5 & 6)—23.6.2006\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 83 (ss 206—209)—1.6.2007 (Gazette 26.4.2007 p1352)\n Statutes Amendment (Transition to Retirement—State Superannuation) Act 2008\n13.3.2008\nPt 3 (ss 9—18) & Sch 1—1.7.2008 (Gazette 26.6.2008 p2554)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 152 (s 347)—1.2.2010 (Gazette 28.1.2010 p320)\n Statutes Amendment and Repeal (Superannuation) Act 2012\n25.10.2012\nPt 7 (ss 19(1), (2), (4)—(6), 20—22, 24, 25(1)—(5)), Sch 1 (cl 1) & Sch 2—19.11.2012 (Gazette 15.11.2012 p5007); ss 19(3), 23, 25(6) & Sch 1 (cl 2)—15.6.2014 (Gazette 12.6.2014 p2485)\n Statutes Amendment (Superannuation) Act 2014\nPt 5 (ss 10—12)—20.11.2014\n Statutes Amendment (Registered Relationships) Act 2017\n26.4.2017\nPt 13 (ss 20 & 21)—1.8.2017 (Gazette 1.8.2017 p3039)\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 45 (ss 237 to 242)—5.7.2018 (Gazette 28.6.2018 p2618)\n Education and Children's Services Act 2019\n8.8.2019\nSch 1 (cl 15)—1.7.2020 (Gazette 11.6.2020 p3305)\n Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019\n19.12.2019\nPt 19 (s 39)—1.5.2020 (Gazette 30.4.2020 p838)\n Statutes Amendment (Fund Selection and Other Superannuation Matters) Act 2021\nPt 3 (s 17)—20.5.2021: s 2(1), (2); ss 15, 16 & 18—uncommenced \n Statutes Amendment (Superannuation and Other Payments) Act 2025\nPt 7 (ss 39 to 45)—4.12.2025: s 2(1)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 44/2003 s 3(1) (Sch 1)\nPt 1\n\nss 2 and 3\ndeleted by 44/2003 s 3(1) (Sch 1)\ns 4\n\ns 4(1)\n\nactuary\ninserted by 69/1992 s 25\n\nadjusted salary\napproved form\ninserted by 37/2012 s 19(1)\nBoard\nthe Board amended to read Board by 37/2012 Sch 2\nco-contribution\ninserted by 51/2004 s 40(1)\nco-contribution account\ninserted by 51/2004 s 40(1)\nCommonwealth Act\nthe Commonwealth Act inserted by 91/1992 s 3(a)\n\nthe Commonwealth Act amended to read Commonwealth Act by 37/2012 Sch 2\nConsumer Price Index\nthe Consumer Price Index amended to read Consumer Price Index by 37/2012 Sch 2\ncontracting out agreement\ninserted by 97/1995 s 3(a)\ncontribution month\nsubstituted by 24/1998 s 3(a)\ncontributor\n\namended by 5/2006 s 3(1)\ndeferred superannuation contributions surcharge\ninserted by 37/2004 s 16(1)\nDivision 293 release authority\ninserted by 18/2014 s 10(1)\nDivision 293 tax\ninserted by 18/2014 s 10(1)\nemployee\namended by 30/1994 Sch 4 cl 2(c)(i)\n\namended by 54/2003 Sch 1 cl 4\n1.1.2004\n\namended by 84/2009 s 347\n1.2.2010\n\namended by 19/2019 Sch 1 cl 15\n1.7.2020\nFund\nthe Fund amended to read Fund by 37/2012 Sch 2\nmonth\nsubstituted by 24/1998 s 3(b)\nnew scheme contributor\nnon-monetary salary\ninserted by 4/2008 s 9(1)\nnotional salary\namended by 9/1989 s 3(a)\noutplaced employee\ninserted by 97/1995 s 3(b)\npensioner\namended by 5/2006 s 3(2)\npreservation age\ninserted by 4/2008 s 9(2)\n\nprivate sector employer\ninserted by 97/1995 s 3(c)\n\nPublic Sector Employees Superannuation Scheme\ninserted by 91/1992 s 3(b)\npublic sector superannuation scheme\ninserted by 79/2025 s 39\nputative spouse\ninserted by 13/2003 s 11\n\nsubstituted by 43/2006 s 206\nregistered relationship\ninserted by 13/2017 s 20\nrepealed Act\nthe repealed Act amended to read repealed Act by 37/2012 Sch 2\nretrench\nto retrench amended to read retrench by 37/2012 Sch 2\nsalary\ninserted by 41/2000 s 3(a)\nsalary (second occurring)\namended by 9/1989 s 3(b), (c)\n\namended by 41/2000 s 3(b), (c)\n\namended by 4/2008 s 9(3)\n\n(da) deleted by 4/2008 s 9(4)\nScheme\nthe Scheme inserted by 54/1989 s 10 (Sch)\n\nthe Scheme amended by 5/2006 s 3(3)\n\nthe Scheme amended to read Scheme by 37/2012 Sch 2\nSIS Act\ninserted by 37/2012 s 19(2)\nSouthern State Superannuation Fund\ninserted by 51/2004 s 40(2)\n\nspecial deposit account\ninserted by 24/1998 s 3(c)\nSuperannuation Contributions Tax Act\ninserted by 37/2004 s 16(2)\nSuperannuation Funds Management Corporation of South Australia or the Corporation\nthe Superannuation Funds Management Corporation of South Australia or Corporation inserted by 38/1995 Sch 2\n\nthe Superannuation Funds Management Corporation of South Australia or the Corporation amended to read Superannuation Funds Management Corporation of South Australia or Corporation by 37/2012 Sch 2\nsurcharge notice\ninserted by 37/2004 s 16(3)\nTaxation Administration Act\ninserted by 18/2014 s 10(2)\nTEC contract\ninserted by 41/2000 s 3(d)\nTribunal\ninserted by 51/2017 s 237\nTriple S scheme\ninserted by 51/2004 s 40(3)\n\nthe Trust\nunclaimed superannuation benefit\ninserted by 37/2012 s 19(3)\ns 4(2)\ns 4(2a)\ninserted by 24/1998 s 3(d)\ns 4(2b)\ns 4(2c)\n\nsubstituted by 4/2008 s 9(5)\ns 4(2d)—(2f)\n\ndeleted by 4/2008 s 9(5)\ns 4(3)\namended by 41/2000 s 3(f)\n\namended by 37/2012 s 19(4), Sch 2\ns 4(4)\n\namended by 91/1992 s 3(c)\n\namended by 37/2012 s 19(5)\ns 4(4a)—(4c)\ninserted by 37/2012 s 19(6)\ns 4(5)\ninserted by 9/1989 s 3(d)\n\namended by 45/1997 s 3(a)\n\ns 4(6)\nP\ninserted by 45/1997 s 3(b)\ns 4(6)\ninserted by 9/1989 s 3(d)\n\namended by 91/1992 s 3(d)\n\namended by 37/1994 s 3(a)\ns 4(7)\ninserted by 91/1992 s 3(e)\ns 4(8)—(10)\ninserted by 37/1994 s 3(b)\ns 4A\ninserted by 13/2003 s 12\ns 4A(1)\nsubstituted by 43/2006 s 207\n\namended by 13/2017 s 21(1)\n\namended by 46/2019 s 39(1)\n\n(b) deleted by 46/2019 s 39(2)\ns 4A(2)\nsubstituted by 13/2017 s 21(2)\n\namended by 51/2017 s 238(1)\ns 4A(2a)\ninserted by 13/2017 s 21(2)\ns 4A(3)\namended by 51/2017 s 238(2), (3)\ns 4A(4)\namended by 51/2017 s 238(4)\ns 4A(5)\namended by 51/2017 s 238(5)\ns 4B\ninserted by 13/2003 s 12\ns 4B(4)\namended by 51/2017 s 239(1), (2)\ns 5\n\ns 5(1)\namended by 54/1989 ss 2, 10 (Sch)\ns 5(1a)\ninserted by 91/1992 s 4(a)\ns 5(1b)\ninserted by 41/2000 s 4(a)\ns 5(2a)\ninserted by 41/2000 s 4(b)\n\ns 5(3)\ninserted by 91/1992 s 4(b)\n\namended by 41/2000 s 4(c), (d)\ns 5(4)—(7)\ninserted by 41/2000 s 4(e)\nPt 2\n\nPt 2 Div 1\n\ns 6\n\ns 6(3) and (4)\ns 7\n\ns 7(2)\n\ndeleted by 46/1994 s 4\n\ninserted by 79/2025 s 40\ns 8\n\ns 8(1)\namended by 45/1997 s 4(a)\n\namended by 37/2012 s 20(1)\ns 8(2)\namended by 69/1992 s 26\n\namended by 45/1997 s 4(b)\n\namended by 37/2012 s 20(2)\n\namended by 16/2021 s 15\ns 8(4)\namended by 24/1998 s 4\ns 8(7)\ninserted by 37/1994 s 4\n\namended by 45/1997 s 4(c)\n\namended by 79/2025 s 41\ns 9\n\ns 9(2)\ns 9(4a)\ninserted by 24/1998 s 5\ns 9(4b)\ninserted by 37/2012 s 21\ns 9A\ninserted by 16/2021 s 16\ns 10\n\ns 10(1)\namended by 16/2021 s 17(1)\ns 10(4)\n\namended by 79/2025 s 42(1)\ns 10(5)\n\nsubstituted by 79/2025 s 42(2)\ns 10(6)\ns 10A\ninserted by 91/1992 s 5\nPt 2 Div 2\namended by 54/1989 ss 3, 4\n\namended by 69/1992 s 27\n\namended by 37/1994 s 5\n\nPt 2 Div 3\n\ns 17\nsubstituted by 54/1989 s 5\ns 17(3)\ns 17(4)\nsubstituted by 51/2004 s 41(1)\ns 17(6)\namended by 51/2004 s 41(2)—(4)\ns 17(7)\namended by 24/1998 s 6\n\ns 17(8)\ns 18\namended by 9/1989 s 4\n\ndeleted by 54/1989 s 6\ns 19\n\ns 19(1) and (2)\ns 19(3)\nsubstituted by 37/1994 s 6(a)\n\ns 19(3a)\ninserted by 37/1994 s 6(a)\n\ns 19(4)\namended by 37/1994 s 6(b)\n\ns 20\namended by 78/1990 s 3\n\nPt 2 Div 3A\ninserted by 54/1989 s 7\n\nheading substituted by 44/2003 s 3(1) (Sch 1)\ns 20A\n\ns 20A(1)\namended by 91/1992 s 6\ns 20A(2)\ns 20A(3)\namended by 45/1997 s 5(a)\ns 20A(4)\namended by 37/2004 s 17(1)\ns 20A(4a) and (4b)\ninserted by 37/2004 s 17(2)\ns 20A(5)\ns 20A(6)\nsubstituted by 24/1998 s 7\n\ns 20A(6a)\ninserted by 24/1998 s 7\ns 20A(7)\ninserted by 45/1997 s 5(b)\ns 20ABA\ninserted by 51/2004 s 42\n\namended by 79/2025 s 43\ns 20AB\ninserted by 91/1992 s 7\nPt 2 Div 3B \ninserted by 54/1989 s 7\n\nheading substituted by 44/2003 s 3(1) (Sch 1)\ns 20B\n\ns 20B(1)\namended by 24/1998 s 8(a)\n\namended by 49/2003 s 28\n\ns 20B(2)\namended by 24/1998 s 8(b)\n\namended by 41/2000 s 5\n\ns 20B(3)\ninserted by 51/2004 s 43\ns 20B(4)\ninserted by 5/2006 s 4\nPt 2 Div 4\n\ns 21\n\ns 21(2) and (3)\ns 21(2)\ninserted by 16/2021 s 18\ns 21(4)\namended by 78/1990 s 4\n\nsubstituted by 69/1992 s 28\n\namended by 41/2000 s 6\ns 21(4a)\ninserted by 69/1992 s 28\nPt 3\n\ns 22\n\ns 22(1)\ns 22(5)\nsubstituted by 91/1992 s 8(a)\n\ns 22(5a)\ninserted by 91/1992 s 8(b)\ns 22(6)\namended by 78/1990 s 5\ns 22(7)\nsubstituted by 91/1992 s 8(c)\ns 22(8)\ns 22(9)\ninserted by 91/1992 s 8(d)\ns 22(10)\ninserted by 46/1994 s 5\n\namended by 46/1994 s 8(a) as substituted by 57/1994 s 3\n21.10.1994\ns 22(11) and (12)\ninserted by 46/1994 s 5\ns 22(13)\ninserted by 46/1994 s 8(b) as substituted by 57/1994 s 3\n21.10.1994\n\ns 22(14)\n\namended by 36/1999 Sch 3 (Pt 3 cl 3(a))\ns 22(15) and (16)\ns 22(17) and (18)\n\namended by 36/1999 Sch 3 (Pt 3 cl 3(a))\ns 22(19)\nETSA superannuation scheme\ndeleted by 36/1999 Sch 3 (Pt 3 cl 3(b))\ns 23\n\ns 23(1)\ns 23(2)\n\namended by 24/1998 s 9(a)\n\namended by 41/2000 s 7(a)\ns 23(2a)—(2b)\ninserted by 41/2000 s 7(b)\ns 23(3)\namended by 91/1992 s 9(a)\ns 23(3a)\ninserted by 91/1992 s 9(b)\n\ns 23(4)\namended by 78/1990 s 6\n\namended by 24/1998 s 9(b)\ns 23(6)\namended by 37/1994 s 7(a)\n\namended by 24/1998 s 9(c)\ns 23(6a)\ninserted by 37/1994 s 7(b)\n\ns 23(7)\namended by 9/1989 s 5\n\nsubstituted by 24/1998 s 9(d)\ns 24\n\ns 24(1)\ns 24(3)\ns 24(4)\namended by 78/1990 s 7\ns 25\n\ns 25(2)\nsubstituted by 78/1990 s 8\nPt 4\n\ns 26A\ninserted by 4/2008 s 10\ns 27\n\ns 27(1)\ns 27(2)\nsubstituted by 91/1992 s 10\ns 27(4)\ninserted by 97/1995 s 4\ns 28\n\ns 28(1)\n\namended by 45/1997 s 6\ns 28(1a) and (1b)\ninserted by 78/1990 s 9\ns 28(1c)\ninserted by 91/1992 s 11(a)\n\namended by 24/1998 s 10(a)\n\namended by 21/2003 s 8(a)\n\ns 28(1d)\ninserted by 91/1992 s 11(a)\n\namended by 37/1994 s 8(a)\ns 28(1e)\ninserted by 37/1994 s 8(b)\ns 28(1f)\ninserted by 37/1994 s 8(b)\n\nsubstituted by 24/1998 s 10(b)\ns 28(2)\n\namended by 24/1998 s 10(c)\n\namended by 21/2003 s 8(b)\n\ns 28(3)\ns 28(4)\nsubstituted by 67/1991 s 3\n\nsubstituted by 91/1992 s 11(b)\nX\ns 28(5)\n\namended by 91/1992 s 11(c)\n\ns 28(6)\n\ndeleted by 91/1992 s 11(d)\ns 28(7)\namended by 24/1998 s 10(d)\ns 28(8)\ninserted by 97/1995 s 5\ns 28A\ninserted by 44/1993 s 3\n27.5.1993\ns 28A(1)\namended by 4/2008 s 11(1)\ns 28A(1a)\ninserted by 4/2008 s 11(2)\ns 28A(2)\namended by 4/2008 s 11(3)\ns 28A(3)\nsubstituted by 57/1999 s 3\ns 28A(3a) and (3b)\ns 28A(3c)\n\namended by 21/2003 s 9\ns 28A(3d) and (3e)\ns 28B\ninserted by 97/1995 s 6\ns 28B(4)\ns 28C\ninserted by 97/1995 s 6\ns 28C(4) and (5)\ns 29\n\ns 29(1)\namended by 24/1998 s 11(a)\n\ns 29(1a) and (1b)\ninserted by 24/1998 s 11(b)\ns 29(2)\n\namended by 91/1992 s 12(a)\ns 29(3)\n\ndeleted by 91/1992 s 12(b)\ns 29(4) and (5)\ns 30\n\ns 30(3)\namended by 9/1989 s 6\ns 30(8)\ns 30A\ninserted by 78/1990 s 10\ns 30A(1)\ns 31\n\ns 31(1)\n\nsubstituted by 37/1994 s 9(a)\ns 31(2)\namended by 91/1992 s 13(a)\nA\namended by 78/1990 s 11(a)\n\namended by 67/1991 s 4\nPn\ninserted by 91/1992 s 13(b)\nX\nM\ninserted by 91/1992 s 13(c)\n\ns 31(2a)\ninserted by 78/1990 s 11(b)\ns 31(2b)\ninserted by 37/1994 s 9(b)\n\namended by 24/1998 s 12\ns 31(2c)\ninserted by 37/1994 s 9(b)\ns 31(3)\nsubstituted by 78/1990 s 11(c)\n\namended by 45/1997 s 7\ns 31(4)\nsubstituted by 78/1990 s 11(c)\n\ns 32\n\ns 32(1)\namended by 67/1991 s 5(a)\n\ns 32(2)\n\namended by 91/1992 s 14(a)\nA\namended by 67/1991 s 5(b)\nX\nPn\ninserted by 91/1992 s 14(b)\nM\ninserted by 91/1992 s 14(b)\n\ns 32(2a)\ninserted by 49/2003 s 29\ns 32(3)\nA\namended by 67/1991 s 5(c)\ns 32(3a)\ninserted by 67/1991 s 5(d)\n\nsubstituted by 91/1992 s 14(c)\n\namended by 24/1998 s 13\n\nM\ns 32(5)\n\namended by 67/1991 s 5(e)\n\namended by 91/1992 s 14(d)\ns 32A\ninserted by 91/1992 s 15\ns 32A(2)\namended by 24/1998 s 14\n\ns 32A(3), (7) and (8)\nss 32B—32D\ninserted by 37/2004 s 18\n18.9.2004\ns 32E\ninserted by 18/2014 s 11\nPt 5\n\ns 33A\ninserted by 4/2008 s 12\ns 34\namended by 9/1989 s 7\n\namended by 69/1992 s 29\n\nsubstituted by 91/1992 s 16\ns 34(1)\namended by 41/2000 s 8(a)\nn\namended by 45/1997 s 8\ns 34(2)\namended by 34/2000 s 8(b)\nB\namended by 37/1994 s 10(a)\nn\namended by 45/1997 s 8\ns 34(5)\ninserted by 37/1994 s 10(b)\ns 34(6)\ninserted by 37/1994 s 10(b)\n\namended by 24/1998 s 15\ns 34(7)\ninserted by 97/1995 s 7\ns 35\n\ns 35(1)\namended by 91/1992 s 17(a)\n\ns 35(2)\n\nA\namended by 67/1991 s 6(a)\ns 35(2a)\ninserted by 67/1991 s 6(b)\ns 35(2b)\ninserted by 91/1992 s 17(b)\ns 35(4)\namended by 91/1992 s 17(c)\n\namended by 37/1994 s 11(a)\n\ns 35(5)\n\namended by 91/1992 s 17(d)\nPn\nFS\nM\ns 35(6)\ninserted by 37/1994 s 11(b)\ns 36\n\ns 36(1)\nsubstituted by 9/1989 s 8(a)\ns 36(3)\namended by 9/1989 s 8(b)\ns 36(8)\ns 36A\ninserted by 78/1990 s 12\ns 36A(1)\ns 37\n\ns 37(1)\nsubstituted by 37/1994 s 12(a)\ns 37(2)\namended by 67/1991 s 7(a)\n\nsubstituted by 91/1992 s 18\ns 37(2a)\ninserted by 67/1991 s 7(b)\ns 37(3a)\ninserted by 37/1994 s 12(b)\n\namended by 24/1998 s 16\ns 37(3b) and (3c)\ninserted by 37/1994 s 12(b)\ns 37(4)\nsubstituted by 78/1990 s 13\ns 37(5)\nsubstituted by 78/1990 s 13\n\ns 38\n\ns 38(1)\namended by 67/1991 s 8(a)\n\namended by 12/1993 s 9(a)\n\namended by 45/1997 s 9(a)\n\namended by 43/2006 s 208(1)\n\ns 38(1a)\ninserted by 45/1997 s 9(b)\n\namended by 13/2003 s 13\n\ndeleted by 43/2006 s 208(2)\ns 38(1b)\ninserted by 49/2003 s 30\ns 38(2)\ns 38(4)\n\namended by 67/1991 s 8(b), (c)\n\namended by 37/1994 s 13\n\ns 38(6)\ninserted by 67/1991 s 8(d)\n\namended by 24/1998 s 17\n\ns 38(7)\ninserted by 67/1991 s 8(d)\n\namended by 91/1992 s 19(a)\n\namended by 12/1993 s 9(b)\n\nX\nsubstituted by 91/1992 s 19(b)\nPn\ninserted by 91/1992 s 19(b)\nM\ninserted by 91/1992 s 19(b)\ns 39\n\ns 39(1)\n\namended by 78/1990 s 14(a)\n\namended by 37/1994 s 14(a)\ns 39(1a) and (1b)\ninserted by 78/1990 s 14(b)\ns 39(1c)\n\namended by 24/1998 s 18(a), (b)\n\namended by 21/2003 s 10(a)\n\n(a)—(d) redesignated as (b)—(e) by 24/1998 s 18(a)\n\ns 39(1d)\n\namended by 37/1994 s 14(b), (c)\ns 39(1da)\ninserted by 37/1994 s 14(d)\ns 39(1db)\ninserted by 37/1994 s 14(d)\n\nsubstituted by 24/1998 s 18(c)\ns 39(1e)\n\ndeleted by 24/1998 s 18(d)\ns 39(2)\namended by 78/1990 s 14(c)\n\namended by 24/1998 s 18(e)\n\namended by 21/2003 s 10(b)\n\ns 39(3)\n\namended by 91/1992 s 20(b)\ns 39(4)\n\namended by 37/1994 s 14(e)\ns 39(5)\n\namended by 67/1991 s 9(a)\n\namended by 24/1998 s 18(f)\n\namended by 21/2003 s 10(c)\n\ns 39(6)\namended by 9/1989 s 9(a)\n\namended by 24/1998 s 18(g)\ns 39(7)\n\namended by 91/1992 s 20(c), (d)\n\nsubstituted by 37/1994 s 14(f)\n\namended by 41/2000 s 9(a)\nM\nsubstituted by 41/2000 s 9(b)\nNM\namended by 45/1997 s 10\n\nsubstituted by 41/2000 s 9(c)\nS\namended by 41/2000 s 9(d)\ns 39(7a)\ninserted by 41/2000 s 9(e)\nprescribed age\nthe prescribed age amended to read prescribed age by 37/2012 Sch 2\ns 39(8)\n\namended by 37/1994 s 14(g)\n\ns 39(8a)\ninserted by 67/1991 s 9(b)\ns 39(8b)\ninserted by 67/1991 s 9(b)\n\namended by 91/1992 s 20(e)\nX\nsubstituted by 91/1992 s 20(f)\nPn\ninserted by 91/1992 s 20(f)\nM\ninserted by 91/1992 s 20(f)\ns 39(8c)\ninserted by 91/1992 s 20(g)\n\namended by 37/1994 s 14(h)\ns 39(9)\ninserted by 9/1989 s 9(b)\ns 39(10)\ninserted by 37/1994 s 14(i)\n5.6.1994\ns 39(10a) and (10b)\ninserted by 24/1998 s 18(h)\ns 39(11)\ninserted by 97/1995 s 8\ns 39A\ninserted by 44/1993 s 4\n27.5.1993\ns 39A(1)\namended by 37/1994 s 15(a)\ns 39A(2)\nsubstituted by 37/1994 s 15(b)\ns 39A(3)\nsubstituted by 57/1999 s 4\ns 39A(3a)—(3c)\ns 39A(3d)\n\namended by 21/2003 s 11\ns 39A(3e)—(3g)\ns 39A(3h) and (3i)\ninserted by 4/2008 s 13\ns 39A(4)\nsubstituted by 37/1994 s 15(c)\ns 39A(5)\namended by 37/1994 s 15(d)\ns 39B\ninserted by 97/1995 s 9\ns 39B(4) and (5)\ns 39C\ninserted by 97/1995 s 9\ns 39C(4) and (7)\ns 40\n\ns 40(4)\ninserted by 67/1991 s 10\ns 40A\ninserted by 23/1999 s 6\ns 40A(2)\namended by 37/2004 s 19(1)\ns 40A(3)\namended by 37/2004 s 19(2)\n\ns 40A(4)\namended by 37/2004 s 19(3)\ns 40A(8)\ndeleted by 37/2004 s 19(4)\ns 40AB\ninserted by 18/2014 s 12\ns 40B\ninserted by 4/2008 s 14\ns 42A\ninserted by 41/2000 s 10\ns 43\namended by 78/1990 s 15\n\nsubstituted by 67/1991 s 11\n\ns 43A\ninserted by 54/1989 s 8\n\namended by 37/1994 s 16\n\nsubstituted by 41/2000 s 11\n\ndeleted by 4/2008 s 15\ns 43AA\ninserted by 41/2000 s 12\nPt 5A\ninserted by 49/2003 s 31\ns 43AB\namended by 5/2006 s 5\ns 43AC\n\nSIS Act\ndeleted by 37/2012 s 22\nSouthern State Superannuation Fund\ndeleted by 51/2004 s 44\ns 43AF\n\ns 43AF(6)\ninserted by 4/2008 s 16\ns 43AG\nsubstituted by 51/2004 s 45\ns 43AN\n\ns 43AN(2)\nPt 6\n\ns 43B\ninserted by 91/1992 s 21\ns 43B(1)\ns 43B redesignated as s 43B(1) by 37/1994 s 17\n\ns 43B(2)\ninserted by 37/1994 s 17\n\ns 44\n\ns 44(1)\namended by 37/1994 s 18(a)\n\namended by 24/1998 s 19\n\namended by 4/2000 s 9(1) (Sch 1 cl 41(a))\n\nsubstituted by 51/2017 s 240(1)\ns 44(2)\namended by 37/1994 s 18(b)\n\ndeleted by 4/2000 s 9(1) (Sch 1 cl 41(b))\n\ninserted by 51/2017 s 240(1)\ns 44(3)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 41(c))\ns 44(4)\ninserted by 37/1994 s 18(c)\n\namended by 4/2000 s 9(1) (Sch 1 cl 41(d))\n\namended by 51/2017 s 240(2)\ns 45\n\ns 45(1)\namended by 9/1989 s 10\n\namended by 41/2000 s 13(a)—(c)\n\namended by 37/2004 s 20(1)—(6)\n\n(e) deleted by 37/2004 s 20(3)\n\ns 45(1aa)\ninserted by 4/2008 s 17\ns 45(1a)\ninserted by 24/1998 s 20(a)\n\nsubstituted by 41/2000 s 13(d)\n\namended by 37/2004 s 20(7)\ns 45(2)\namended by 24/1998 s 20(b)\n\namended by 41/2000 s 13(e)\n\n(ba) deleted by 37/2004 s 20(8)\n\ns 45(3)\ns 45(4)\nsubstituted by 67/1991 s 12\n\namended by 37/2004 s 20(9)\n\ns 45(5)\ns 45(6)\ninserted by 37/1994 s 19\n\namended by 41/2000 s 13(f)\n\ns 45(7)\ninserted by 37/2004 s 20(10)\ns 46\n\ns 46(2)\ns 46(4)\ninserted by 9/1989 s 11\ns 46(5)\ninserted by 9/1989 s 11\n\ns 47\n\ns 47(1)\namended by 78/1990 s 16\n\nsubstituted by 20/1998 s 7(a)\n\namended by 40/2001 s 9(a)\n\ns 47(2)\namended by 20/1998 s 7(b)\n\nsubstituted by 40/2001 s 9(a)\ns 47(4)\n\namended by 40/2001 s 9(b)\ns 47(5)\n\namended by 40/2001 s 9(c), (d)\ns 47(6)\n\nsubstituted by 40/2001 s 9(e)\nss 47A and 47B\ninserted by 24/1998 s 21\nss 47C and 47D\ninserted by 4/2008 s 18\ns 48\n\ns 48(1)\nsubstituted by 9/1989 s 12(a)\n\ns 48(2)\namended by 9/1989 s 12(b)\n\nsubstituted by 41/2000 s 14\n\nsubstituted by 12/2001 s 26\n1.7.2001\n\ns 48(2a) and (2b)\ninserted by 41/2000 s 14\ns 48(3)\ninserted by 9/1989 s 12(c)\n\ns 49\n\ns 49(1) and (2)\ns 50A\ninserted by 37/2012 s 23\ns 51A\ninserted by 41/2000 s 15\ns 54\n\ns 54(1)\namended by 37/2004 s 21(1)\ns 54(5)\n\ns 54(6) and (7)\ninserted by 37/2004 s 21(2)\ns 55\n\ns 55(1)\n\namended by 24/1998 s 22\n\n(a)—(d) redesignated as (b)—(e) by 24/1998 s 22\n\namended by 5/2006 s 6(1)—(5)\n\namended by 51/2017 s 241\ns 55(1a)\ninserted by 49/2003 s 32\ns 55(2)\nsubstituted by 5/2006 s 6(6)\ns 56\n\ns 56(1)\ns 56 substituted by 24/1998 s 23\n\ns 56 amended and redesignated as s 56(1) by 5/2006 s 7(1)—(4)\ns 56(2)—(4)\ninserted by 5/2006 s 7(4)\ns 57\ndeleted by 37/2012 Sch 2\ns 58\n\ns 58(1)\ns 58A\ninserted by 91/1992 s 22\ns 59\n\ns 59(1a)\ninserted by 78/1990 s 17\n\namended by 67/1991 s 13\n\namended by 49/2003 s 33\n\namended by 5/2006 s 8\n\namended by 37/2012 s 24, Sch 2\ns 59(2)\ns 59(3)\ninserted by 79/2025 s 44\ns 60\ninserted by 9/1989 s 13\n\ndeleted by 54/1989 s 9\nSch 1\n\ncl 1\n\ncl 1(1)\ncl 1(2)\ncl 1(2a)\ninserted by 9/1989 s 14\ncl 2\n\ncl 2(1)\ncl 2(4)\n\namended by 67/1991 s 14\n\ndeleted by 24/1998 s 24(a)\ncl 3A\ninserted by 78/1990 s 18\ncl 4\ncl 5\n\ncl 5(1)\ncl 6\n\ncl 6(1)\namended by 9/1989 s 15(a)\n\namended by 37/1994 s 20(a)\nFS\nsubstituted by 37/1994 s 20(b)\nZ\ninserted by 9/1989 s 15(b)\nPn\ninserted by 37/1994 s 20(c)\nM\ninserted by 37/1994 s 20(c)\ncl 7\n\ncl 7(3)\ninserted by 91/1992 s 23(a)\ncl 9\n\ncl 9(1a)\ninserted by 9/1989 s 16(a)\n\namended by 69/1992 s 30(a)\ncl 9(2)\n\namended by 69/1992 s 30(b)\ncl 9(3)\ninserted by 9/1989 s 16(b)\n\namended by 69/1992 s 30(c)\n\namended by 91/1992 s 23(b)\ncl 10\nsubstituted by 9/1989 s 17\ncl 11\n\ncl 11(2)\ncl 12\n\ncl 12(2)\ninserted by 54/1989 s 10 (Sch)\n\ncl 15\ninserted by 91/1992 s 23(c)\ncl 15(1)\namended by 37/1994 s 20(d)\ncl 15(3)\ninserted by 37/1994 s 20(e)\ncl 15A\ninserted by 37/1994 s 20(f)\ncl 16\ninserted by 91/1992 s 23(c)\ncl 17\ninserted by 37/1994 s 20(g)\ncll 18—20\ninserted by 24/1998 s 24(b)\ncl 21\ninserted by 51/2004 s 46\nSch 1A\ninserted by 78/1990 s 19\ncl 1\n\nheading\ninserted by 37/2012 Sch 2\n\n amended by 79/2025 s 45(1)\ncl 1(1)\namended by 37/1994 s 21\n\namended by 79/2025 s 45(2)\ncl 1(2)\namended by 67/1991 s 15(a)\n\namended by 30/1994 Sch 4 cl 2(c)(ii)\n\nsubstituted by 5/2006 s 9\ncl 1A\ninserted by 79/2025 s 45(3)\ncl 2\n\nheading\ninserted by 37/2012 Sch 2\ncl 2(1)\ncl 2 amended and redesignated as cl 2(1) by 67/1991 s 15(b), (c)\n\ncl 2(2)\ninserted by 67/1991 s 15(c)\ncl 3\nheading inserted by 37/2012 Sch 2\n\ndeleted by 79/2025 s 45(4)\nSch 1B\ninserted by 36/1999 Sch 3 (Pt 3 cl 3(c))\ncl 1\n\ncontributory lump sum schemes\nthe contributory lump sum schemes amended to read contributory lump sum schemes by 37/2012 Sch 2\nElectricity Industry pension scheme\nthe Electricity Industry pension scheme amended to read Electricity Industry pension scheme by 37/2012 Sch 2\nElectricity Industry Superannuation Board\nthe Electricity Industry Superannuation Board amended to read Electricity Industry Superannuation Board by 37/2012 Sch 2\nElectricity Industry Superannuation Scheme\nthe Electricity Industry Superannuation Scheme amended to read Electricity Industry Superannuation Scheme by 37/2012 Sch 2\nrelevant day\nthe relevant day amended to read relevant day by 37/2012 Sch 2\nState Scheme\nthe State Scheme amended to read State Scheme by 37/2012 Sch 2\ncl 2\n\ncl 2(3) and (4)\ncl 3\n\ncl 3(3), (5) and (6)\ncl 4\n\ncl 4(7)\nsubstituted by 41/2000 s 16\n\ncl 4(8)\ncl 4(9)\n\ncl 4(10)\nSch 3\ndeleted by 91/1992 s 24\n\ninserted by 5/2006 s 10\ncl 4\n\ncl 4(1)\namended by 37/2012 s 25(1), Sch 2\ncl 4(2)\namended by 37/2012 s 25(2)\ncl 5\nsubstituted by 37/2012 s 25(3)\ncl 6\n\ncl 6(1)\namended by 37/2012 s 25(4)\ncl 10\n\ncl 10(2)\namended by 37/2012 s 25(5)\ncl 12A\ninserted by 37/2012 s 25(6)\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Division of Superannuation Interests under Family Law Act) Act 2003, Sch 1\nIn this Schedule—\nrelevant Act means an Act amended by this Act;\nrelevant authority means—\n\t(a)\tthe Police Superannuation Board; or\n\t(b)\tthe South Australian Parliamentary Superannuation Board; or\n\t(c)\tthe South Australian Superannuation Board; or\n\t(d)\tthe Treasurer.\n2—Prior action\nAny step taken by a relevant authority before a section of this Act is brought into operation that corresponds to a step that may be taken by the relevant authority under a relevant Act after this Act is brought into operation will be taken to be valid and effectual for the purposes of a relevant Act as if it had been taken after the commencement of this Act.\n3—Instruments\nAny splitting instrument, or other instrument, lodged with a relevant authority before the commencement of this Act may take effect for the purposes of a relevant Act after the commencement of this Act.\n4—Other matters\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision of a regulation under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from an earlier day, but not before 28 December 2002.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment effected by this Act.\nSuperannuation (Administered Schemes) Amendment Act 2006, Sch 1\n5—Interpretation\nIn this Part—\nprincipal Act means the Superannuation Act 1988.\n6—Transitional provision\nSubsections (2) and (3) of section 56 of the principal Act (as enacted by this Act) do not apply with respect to a matter where the relevant time limit expired, or the procedural step was required to be taken, before the commencement of this clause unless the South Australian Superannuation Board is satisfied, on application by a person seeking to obtain the benefit of this clause, that the failure to comply with the time limit or procedural step was attributable to a person's physical or mental disability at the relevant time.\nStatutes Amendment (Domestic Partners) Act 2006\n209—Transitional provision\nAn amendment made by a provision of this Act to a provision of the Superannuation Act 1988 that relates to the payment of a pension, lump sum or other benefit to a person on the death of a contributor applies only if the death occurs after the commencement of the amendment.\nStatutes Amendment (Transition to Retirement—State Superannuation) Act 2008, Sch 1\nIn this Schedule—\nprincipal Act means the Superannuation Act 1988.\n2—Transitional provisions\n\t(1)\tA person—\n\t(a)\twho has, before the commencement of this subclause, resigned from employment in circumstances that fall within the ambit of subsection (1) of section 28A of the principal Act (as in existence immediately before that commencement); and\n\t(b)\twho has not received any benefit under that section before the commencement of this subclause,\nwill have 3 months from that commencement to make an election under this subclause and if such an election is not made by the expiration of that period then section 28 of the principal Act will apply to the person to the exclusion of section 28A of the principal Act.\n\t(2)\tA person to whom section 39A of the principal Act applies—\n\t(a)\twho resigned or retired from employment before the commencement of this subclause; and\n\t(b)\twho has not made an election under subsection (3)(b) of that section before the commencement of this subclause,\nwill have 3 months from that commencement to make such election (so that any election made after the expiration of that period by such a person will have no effect).\n\t(3)\tSection 40B of the principal Act, as enacted by this Act, applies only to a person whose right to the payment of a pension under the principal Act arises after the commencement of this subclause.\nStatutes Amendment and Repeal (Superannuation) Act 2012, Sch 1—Transitional provisions\n1—Superannuation Act and Superannuation Funds Management Corporation of South Australia Act\n\t(1)\tRegulations made under the Superannuation Act 1988 or the Superannuation Funds Management Corporation of South Australia Act 1995 before the commencement of this clause are to be read as if the amendments to the regulation making powers under those Acts effected by this Act had been in force when the regulations were made.\n\t(2)\tThe person holding the office of elected member of the South Australian Superannuation Board pursuant to section 8(1)(b) of the Superannuation Act 1988 (the principal Act) immediately before the commencement of section 20 of this Act will, despite the amendments effected by that section, continue to hold office for the balance of his or her term of election (subject to any provision of the principal Act relating to the conditions of his or her office).\n\t(3)\tThe person holding the office of elected member of the board of directors of the Superannuation Funds Management Corporation of South Australia pursuant to section 9(2)(a) of the Superannuation Funds Management Corporation of South Australia Act 1995 (the principal Act) immediately before the commencement of section 26 of this Act will, despite the amendments effected by that section, continue to hold office for the balance of his or her term of election (subject to any provision of the principal Act relating to the conditions of his or her office).\nStatutes Amendment (SACAT No 2) Act 2017, Pt 45\n242—Transitional provisions\n\t(1)\tA declaration of the District Court under section 4A of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a determination of the Tribunal.\n\t(2)\tA reference in section 4B of the principal Act to an application under section 4A of the principal Act will, on and from the relevant day, be taken to include a reference to an application under section 4A made before the relevant day.\n\t(3)\tA right of appeal under section 44 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that proceedings may be commenced before the Tribunal rather than the Administrative and Disciplinary Division of the District Court.\n\t(4)\tNothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced before the relevant day.\nprincipal Act means the Superannuation Act 1988;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\nRetrospective amendment not included in Reprints 20—23 (see 51/2004)\n\nReprint No 1—15.1.1992\n\nReprint No 2—10.12.1992\n\nReprint No 3—25.3.1993\n\nReprint No 4—27.5.1993\n\nReprint No 5—9.6.1994\n\nReprint No 6—1.7.1994\n\nReprint No 7—21.10.1994\n\nReprint No 8—1.7.1995\n\nReprint No 9—14.12.1995\n\nReprint No 10—20.3.1997\n\nReprint No 11—24.7.1997\n\nReprint No 12—16.4.1998\n\nReprint No 13—1.4.1999\n\nReprint No 14—12.8.1999\n\nReprint No 15—1.12.1999\n\nReprint No 16—1.6.2000\n\nReprint No 17—17.8.2000\n\nReprint No 18—1.7.2001\n\nReprint No 19—1.1.2002\n\nReprint No 20—3.7.2003\n\nReprint No 21—17.8.2003\n\nReprint No 22—18.12.2003\n\nReprint No 23—1.1.2004\n\n1.2.2010\n\n1.7.2020\n\n","sortOrder":18}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1988 Act focused on establishing a unified superannuation scheme for Crown employees with basic contribution and benefit rules (Parts 1–6). Its scope has grown substantially to encompass administration of unrelated public sector schemes (Schedule 3), detailed family law payment splits (Part 5A, added 2003), transition-to-retirement draw-downs (ss 26A and 33A, added 2008), commutations for Commonwealth tax liabilities (ss 32B–32E and 40A–40AB), specific rules for outplaced and voluntarily separated employees (ss 28A–28C, 39A–39C), transfers from schemes such as the Electricity Industry Superannuation Scheme (Schedule 1B), and over 20 sets of amending transitional provisions (Schedule 1) that have layered new elections, preservation rights and indexing mechanisms far beyond the initial pension-and-lump-sum framework."},"complexity_factors":["Over 60 defined terms in s 4, many with cross-references to Commonwealth Acts","Separate, overlapping benefit regimes in Part 4 (new scheme) and Part 5 (old scheme) with distinct formulas (e.g. ss 27(2), 34(1), 35(2))","Nested conditional logic and exceptions throughout (e.g. disability pensions in ss 30 and 36 limited to 18 months in 36 months, with rehabilitation duties in ss 30A and 36A)","Extensive transitional and savings provisions across Schedule 1, 1A and 1B covering transfers, elections and prior schemes","Mathematical formulas for benefits, contribution points (s 24) and commutations (ss 40, 40A, 40AB) that incorporate CPI adjustments, notional salaries and extrapolation rules","Integration with external regimes including Family Law Act 1975 (Cth) in Part 5A, tax surcharges (ss 32B–32E) and unclaimed benefits (s 50A)"],"plain_english_summary":"**Retirement savings for public sector workers**\n\nThis law sets up and runs a superannuation (retirement savings) scheme for many South Australian government employees, such as public servants, teachers, rail workers and others defined as 'employees'. It creates a Board to administer the scheme and a Fund to hold and invest the money. Workers contribute a percentage of their salary (usually 6%, but with options to vary), and the government adds employer contributions. \n\nWhen a worker retires, resigns, is retrenched, becomes disabled, or dies, the law sets out benefits like lump sums, pensions, or disability payments. There are two main groups: 'old scheme' contributors (joined before 31 May 1986, often with pension-focused benefits) and 'new scheme' contributors (joined later, with more lump-sum options). The Act explains how benefits are calculated using formulas based on salary, contribution points (a measure of service and contributions), and age. It also covers special situations like transitioning to part-time work before retirement, splitting benefits in family law cases (such as divorce), paying tax-related amounts, and protecting benefits from being given away or seized. \n\nIt matters because it guarantees structured retirement income or support for public workers and their families, while balancing costs to the government through a dedicated Fund and rules that interact with national tax and family laws. Transitional rules handle changes over time so past members are not disadvantaged."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative content was not accessible. The provided text consists entirely of a website error message and navigation links from the South Australian legislation website, containing no substantive legal provisions."},"complexity_factors":["No actual legislative text was retrievable — only a website error page was provided","Cannot assess true legal complexity without access to the Act's provisions","Score reflects the minimal analysable content only, not the Act itself (which would likely score 7-8 given the complexity typical of superannuation legislation)"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe legislation content for the **Superannuation Act 1988 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a broken or outdated URL following a website update on **24 March 2026**.\n\n**What we do know about this Act generally:**\nThe *Superannuation Act 1988* (SA) is a South Australian law that historically governed the **State Superannuation Scheme** — a defined benefit superannuation (retirement savings) fund for South Australian public sector employees. It sets out rules about who is eligible to join, how contributions are calculated, what benefits are paid on retirement, disability, or death, and how the scheme is administered.\n\n**Who it affects:** Current and former South Australian government employees who are members of the State Superannuation Scheme, their families, and the government agencies that manage the fund.\n\n**To access the actual legislation**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for 'Superannuation Act 1988' directly."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original purpose of providing basic superannuation benefits for state employees. It now includes transition to retirement benefits (2008), outplaced employee provisions for contracting-out (1995), voluntary separation packages (1993), family law splitting of superannuation interests (2003), co-contribution accounts for low-income earners (2005), Division 293 tax payment mechanisms (2014), administered schemes for other public sector bodies (2006), and transfers from specific industry schemes (e.g., Electricity Industry Superannuation Scheme in 1999). These additions have layered new entitlements and complexities onto the original framework, effectively turning a single-employer defined benefit scheme into a multi-purpose public sector superannuation platform."},"complexity_factors":["Over 200 sections plus 4 schedules with detailed transitional provisions","Approximately 50 defined terms in the interpretation section","Separate benefit formulas for old scheme (Part 5) and new scheme (Part 4) with multiple sub-formulas using actuarial factors","Cross-references between sections, schedules, and Commonwealth Acts (e.g., SIS Act, Family Law Act)","Nested conditions and exceptions, especially in disability pension, invalidity, and death benefit provisions","Complex contribution point accrual and extrapolation calculations","Transition to retirement provisions (sections 26A and 33A) with their own formulas and interaction with other benefits","Family law Part 5A with multiple divisions and references to Commonwealth regulations","Schedule 1B transferring members from the Electricity Industry Superannuation Scheme with special rules","Schedule 3 for administered schemes with separate management and investment rules"],"plain_english_summary":"This South Australian law sets up a superannuation (retirement savings) scheme for most state government employees, including public servants, teachers, police, and workers at certain state bodies. It creates a fund (the South Australian Superannuation Fund) managed by a Board and a separate investment corporation. Employees contribute a percentage of their salary (usually 6% but can choose 3% to 9%) and the government adds employer contributions. Benefits are paid as lump sums or pensions when members retire, resign, are retrenched, become disabled, or die. The scheme has two tiers: 'old scheme' for members who joined before 31 May 1986 (mostly defined-benefit pensions) and 'new scheme' for those who joined later (accumulation-style accounts plus an employer component based on salary and service). The law also covers transitioning to retirement (drawing part of the benefit while still working part-time), dividing benefits in family law splits, transferring benefits from other public sector schemes, and managing separate 'administered schemes' for other government bodies. It matters because it governs the retirement income of tens of thousands of public sector workers, affecting their financial security and the state's long-term fiscal liabilities."}},"importantCases":[],"_links":{"self":"/api/acts/superannuation-act-1988","history":"/api/acts/superannuation-act-1988/history","analysis":"/api/acts/superannuation-act-1988/analysis","conflicts":"/api/acts/superannuation-act-1988/conflicts","importantCases":"/api/acts/superannuation-act-1988/important-cases","documents":"/api/acts/superannuation-act-1988/documents"}}