Part 7Miscellaneous

Part 7—Miscellaneous 36—Additional invalidity/death insurance (1) A member of Parliament who is a PSS 3 member (other than solely by virtue of section 7F) may elect, in a manner and form determined by the Board, to take out voluntary invalidity/death insurance provided under the Southern State Superannuation Act 2009. (2) Premiums payable in respect of such insurance are to be paid, and credited to the Triple S scheme, in accordance with the regulations. (3) The regulations may make further provision with respect to the taking out of voluntary invalidity/death insurance in connection with elections under subsection (1). (4) The provision of voluntary invalidity/death insurance under the Southern State Superannuation Act 2009 to a member who makes an election under subsection (1) is to be subject to terms and conditions prescribed by regulations made under that Act. (5) If a member who elects to take out voluntary invalidity/death insurance provided under the Southern State Superannuation Act 2009 is not a member of the Triple S scheme at the time of making the election— (a) he or she becomes a member of the Triple S scheme on making the election; but (b) his or her membership is subject to terms and conditions prescribed by regulations made under the Southern State Superannuation Act 2009. (6) In this section— Triple S scheme means the Southern State Superannuation Scheme continued in existence by the Southern State Superannuation Act 2009. 36A—Division of benefit where deceased member or spouse member is survived by lawful and putative spouses (1) If a deceased member, deceased member pensioner or deceased spouse member 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. (2) Where 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 three months will be disregarded. (3) A 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). (4) A putative spouse is not entitled to any benefit under this section, unless the deceased member, deceased member pensioner or deceased spouse member and that spouse were putative spouses as at the date of the death of the deceased member, deceased member pensioner or deceased spouse member. (5) Where— (a) a deceased member, deceased member pensioner or deceased spouse member is survived by a lawful and a putative spouse; (b) a benefit is paid to one of them on the assumption that he or she is the sole surviving spouse of the deceased, the other spouse has no claim on the benefit insofar as it has been already paid unless that spouse gave the Board notice of his or her claim before the date of payment. 36B—Power to obtain information (1) The Board may, from time to time, require an employing authority, employee or PSS 2 member pensioner to supply the Board with any information that it reasonably requires for the purposes of this Act. (2) The Board may require an employee or PSS 2 member pensioner to verify information supplied under this section by statutory declaration. (3) If a PSS 2 member pensioner fails to comply with a requirement under this section, the Board may suspend payment of the pension until the requirement is complied with. (4) A person who— (a) fails to comply with a requirement under subsection (1); or (b) supplies information in response to such a requirement that is false or misleading in a material particular, is guilty of an offence. (5) Where a member pensioner commits an offence against subsection (4), the Board may expel the member pensioner from membership of the scheme and, in that event, no further benefit will be payable under this Act to or in relation to the former member pensioner. (6) Notwithstanding subsection (5), an amount equivalent to the excess (if any) of the contributions paid by the former member pensioner under this Act over the amount of the pension and any other benefits paid to the former member pensioner will be paid to him or her or to his or her estate. employing authority in relation to an employee means— (a) the chief executive officer to whom the employee is answerable on matters relating to his or her employment; (b) if there is no such officer—the authority, body or person to whom the employee is answerable. 37—Payment of benefits (1) Payment of annual pensions and child benefit under this Act shall be by means of equal periodical payments determined by the Board. (2) Pensions under this Act shall be apportionable in point of time. (3) If a payment made under this Act includes a member-funded component or a rollover component, an amount equivalent to the amount standing to the credit of the member's contribution account or rollover account is to be charged against the appropriate account. (4) If a payment made under this Act includes a Government-funded component or relates to a superannuation salary sacrifice, the amount of that component is to be charged against the relevant member's Government contribution account. (5) The Board may close the account of a member or former member if— (a) he or she has retired (either voluntarily or involuntarily) and is in receipt of a pension under this Act, or no further benefit or amount is payable to, or in relation to, the member or former member under this Act; or (b) he or she has died (and no further benefit or amount is payable in relation to the member or former member under this Act). 38—Pensions not assignable Pensions and other rights under this Act shall not be assigned or charged or pass by operation of law. 39—Financial provision (1) Money required for the purposes of this Act is payable by the Treasurer from the Consolidated Account (which is appropriated to the necessary extent) or from a special deposit account established by the Treasurer for that purpose. (2) The Treasurer may reimburse the Consolidated Account or special deposit account in respect of benefits paid to, or in respect of, a member or former member under subsection (1) by charging the Fund with the amount of those benefits. 39A—Confidentiality (1) A 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 as to the entitlements or benefits of any person under this Act except— (a) as required by or under any Act of the State or the Commonwealth; or (b) to, or with the consent of, that person; or (c) to an employee of either House of Parliament of the State for purposes related to the administration of this Act; or (d) to any other person for purposes related to the administration of this Act; or (e) as may be required by a court. (2) A 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. (3) This section does not prevent the disclosure of statistical or other information related to members generally or to a class of members rather than to an individual member. 40—Regulations (1) The Governor may make regulations prescribing any matters necessary or convenient to be prescribed for the administration of this Act or for giving effect to the objects of this Act. (2) Without limiting subsection (1), the regulations may make 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. (3) Regulations under this Act may— (a) be of general application or limited application; or (b) make different provision according to the matters or circumstances to which they are expressed to apply. (4) The regulations may make provisions of a saving or transitional nature consequent on the amendment of this Act by another Act. (5) A provision of a regulation made under subsection (4) may, if the regulation so provides, take effect from the commencement of the amendment or from a later day. (6) To the extent to which a provision takes effect under subsection (5) 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—