South Australia
Parliamentary Superannuation Regulations 2018
under the Parliamentary Superannuation Act 1974
Contents
1 Short title
2 Commencement
3 Interpretation
4 Additional contributions by PSS 3 members (section 14B of Act)
5 Prescribed offices and positions (section 19 of Act)
6 Right of non‑member spouse or legal representative to apply for commutation (section 23G of Act)
7 Commutation factors for non‑member spouse and legal representative (section 23G of Act)
8 Associate pension (section 23G of Act)
9 Procedure for payment of lump sum to non‑member spouse (section 23H of Act)
10 Procedure for payment of pension to non‑member spouse (section 23H of Act)
11 Additional invalidity/death insurance (section 36 of Act)
Schedule 1—Factors for determination of associate pension
Schedule 2—Revocation of Parliamentary Superannuation Regulations 2003
Legislative history
1—Short title
These regulations may be cited as the Parliamentary Superannuation Regulations 2018.
2—Commencement
These regulations come into operation on the day on which they are made.
3—Interpretation
In these regulations, unless the contrary intention appears—
Act means the Parliamentary Superannuation Act 1974.
4—Additional contributions by PSS 3 members (section 14B of Act)
For the purposes of section 14B(4) of the Act, the prescribed amount is $50.
5—Prescribed offices and positions (section 19 of Act)
The following offices and positions are declared to be prescribed offices and positions for the purposes of section 19 of the Act:
(a) membership of the Parliament of the Commonwealth or of the Parliament of any State or Territory of the Commonwealth except South Australia;
(b) an office by virtue of which the holder of the office is a Judge as defined by section 4 of the Judges' Pensions Act 1971;
(c) judicial office established by the Commonwealth of Australia Constitution Act or by a law of the Commonwealth.
6—Right of non‑member spouse or legal representative to apply for commutation (section 23G of Act)
(1) For the purposes of section 23G(2)(b) of the Act, a non‑member spouse who is entitled to have the whole of their share in a superannuation interest commuted to a lump sum must make the election in accordance with that section within 3 months of the operative time.
(2) For the purposes of section 23G(7) of the Act, if a non‑member spouse dies while entitled to, or in receipt of, a pension under that section (other than an associate pension), an election by the non‑member spouse's legal representative for the pension to be commuted to a lump sum must be made within 6 months of the non‑member spouse's death.
7—Commutation factors for non‑member spouse and legal representative (section 23G of Act)
The following table sets out commutation factors for—
(a) a non‑member spouse who elects under section 23G(2)(b) of the Act to have their share of a superannuation interest commuted to a lump sum; and
(b) the legal representative of a deceased non‑member spouse who elects under section 23G(7) of the Act to have a pension that the non‑member spouse was receiving, or was entitled to receive, commuted to a lump sum:
Age of member spouse at time of commutation
Amount of lump sum for each dollar of annual pension commuted
60 or under
$10.00
60-61
$10.00-$9.90
61-62
$9.90-$9.80
62-63
$9.80-$9.70
63-64
$9.70-$9.60
64-65
$9.60-$9.50
65-66
$9.50-$9.30
66-67
$9.30-$9.10
67-68
$9.10-$8.80
68-69
$8.80-$8.50
69-70
$8.50-$8.20
70-71
$8.20-$7.90
71-72
$7.90-$7.60
72-73
$7.60-$7.30
73-74
$7.30-$7.00
74-75
$7.00-$6.70
75-76
$6.70-$6.42
76-77
$6.42-$6.14
77-78
$6.14-$5.86
78-79
$5.86-$5.58
79-80
$5.58-$5.30
80-81
$5.30-$5.02
81-82
$5.02-$4.74
82-83
$4.74-$4.46
83-84
$4.46-$4.18
84-85
$4.18-$3.90
85-86
$3.90-$3.68
86-87
$3.68-$3.46
87-88
$3.46-$3.24
88-89
$3.24-$3.02
89-90
$3.02-$2.80
90-91
$2.80-$2.66
91-92
$2.66-$2.52
92-93
$2.52-$2.38
93-94
$2.38-$2.24
94-95
$2.24-$2.10
95-96
$2.10-$1.68
96-97
$1.68-$1.26
97-98
$1.26-$0.84
98-99
$0.84-$0.42
99-100
$0.42-$0.00
8—Associate pension (section 23G of Act)
(1) For the purposes of section 23G(2)(a)(ii) of the Act, notice of an election by a non‑member spouse to have the whole of a share of a superannuation interest converted to, and taken as, an associate pension must be given in writing within 3 months of the date on which notification of the non‑member spouse's right to make the election is given by the Board.
(2) For the purposes of section 23G(3) of the Act, the amount of an associate pension will be determined by applying the following method:
Where:
AP is the amount of the associate pension payable for the life of the non‑member spouse
P is the amount of the non‑member spouse's share of the pension determined under section 23G(1) of the Act
Mx+m is the conversion factor relating to the member spouse at age x completed years and m completed months and is derived by interpolating between age x and x+1 the factors from the table in Schedule 1 for the relevant type of pension interest and gender of the member spouse
Ny+n is the conversion factor relating to the non‑member spouse at age y completed years and n completed months and is derived by interpolating between age y and y+1 the factors from the table in Schedule 1 for the relevant type of pension interest and gender of the non‑member spouse.
9—Procedure for payment of lump sum to non‑member spouse (section 23H of Act)
(1) For the purposes of section 23H(3) of the Act, notice given by the Board to a non‑member spouse of the non‑member spouse's right to make an election in respect of an interest must—
(a) be in writing; and
(b) advise the non‑member spouse of—
(i) the option to make an election and the consequences of a failure to do so within 28 days; and
(ii) the value of the interest; and
(iii) the basis of any adjustments that have been, or will be, applied to the interest; and
(c) notify the non‑member spouse that the interest cannot be retained in the Fund.
(2) If a non‑member spouse interest is rolled over to the credit of the non‑member spouse in the Southern State Superannuation Fund because an election has not been made, the Board must, within 14 days of the interest being rolled over—
(a) advise the non‑member spouse that the interest has been rolled over to the Southern State Superannuation Fund; and
(b) provide the non‑member spouse with a membership identification number and any other information that, according to a determination of the Board, may be of assistance to the non‑member spouse.
10—Procedure for payment of pension to non‑member spouse (section 23H of Act)
For the purposes of section 23H(4) of the Act, if the interest of a non‑member spouse following 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 following provisions apply:
(a) the Board must—
(i) split the relevant pension within 14 days of receipt of the splitting instrument; and
(ii) advise the non‑member spouse of the value of the interest and the basis of any adjustments that have been, or will be, applied to the interest;
(b) the non‑member spouse must, before the Board can commence payment of the pension—
(i) advise the Board of their name, address, date of birth and bank account details; and
(ii) provide any other relevant information at the request of the Board (including documents verifying the non‑member spouse's personal details).
11—Additional invalidity/death insurance (section 36 of Act)
(1) This regulation prescribes the manner in which premiums payable in respect of voluntary invalidity/death insurance (that is, additional invalidity/death insurance) taken out by a PSS 3 member pursuant to an election made under section 36 of the Act are to be paid and credited to the Triple S scheme.
(2) Premiums are to be paid from amounts salary sacrificed by PSS 3 members and, for this reason, a PSS 3 member cannot elect to take out voluntary invalidity/death insurance unless the member has elected to make a superannuation salary sacrifice of an amount sufficient to cover the cost of the premiums in addition to any administration fees.
(3) If a PSS 3 member elects to take out voluntary invalidity/death insurance, the following provisions apply:
(a) following acceptance by the Triple S Board of the member's application for the insurance, the Board is to transfer to the Triple S Board from time to time an amount, to be credited to an account maintained by the Triple S Board in the name of the member, sufficient to maintain a balance in that account from which the cost of premiums payable in respect of the insurance, in addition to any administration fees, can be charged;
(b) an amount transferred to the Triple S Board under paragraph (a) is to be taken from salary sacrifice payments made for the member;
(c) an amount equivalent to any amount transferred under paragraph (a) must be debited against the member's Government contribution account.
(4) In this regulation—
additional invalidity/death insurance means additional invalidity/death insurance provided under the Southern State Superannuation Act 2009;
salary sacrifice payment for a member means a payment made into the PSS 3—Government Contributions Division of the Fund in respect of the member pursuant to section 14C(2) of the Act;
Triple S Board means the South Australian Superannuation Board.
Schedule 1—Factors for determination of associate pension
Schedule 2—Revocation of Parliamentary Superannuation Regulations 2003
The Parliamentary Superannuation Regulations 2003 are revoked.
Legislative history
Notes
• For 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.
Principal regulations
Year
No
Reference
Commencement
2018
196
Gazette 2.8.2018 p3015
2.8.2018: r 2