Southern State Superannuation Regulations 2009

Part 1—Preliminary 1—Short title These regulations may be cited as the Southern State Superannuation Regulations 2009. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the Southern State Superannuation Act 2009; additional invalidity/death insurance means invalidity/death insurance granted by the Board under Part 3 Division 2 Subdivision 2; additional invalidity/death insurance benefits means benefits payable in respect of additional invalidity/death insurance; approved form means a form approved by the Board; contributions means contributions made pursuant to section 20 of the Act; default invalidity/death insurance—see regulation 28; default invalidity/death insurance benefits means benefits payable in respect of default invalidity/death insurance; deferred superannuation contributions surcharge in relation to a member means the amount that the member is liable to pay the Commissioner of Taxation under section 15(6) or (6AA) of the Superannuation Contributions Tax Act; employee contribution account means the division of a member's contribution account to which employee contributions are being or have been credited pursuant to regulation 16(4); employer contribution account means the division of a member's contribution account to which employer contributions are being or have been credited pursuant to regulation 16(2); gainful employment, of a person, means employment (including self-employment) of the person for gain or reward in a business, trade, profession, vocation, calling or occupation; invalidity/death insurance benefits means default or additional invalidity/death insurance benefits; legal personal representative—see subregulation (4); medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); police disability pension—see regulation 38A; preservation age has the same meaning as in Part 6 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth under the SIS Act; PSESS Scheme means the superannuation scheme known as the Public Sector Employees Superannuation Scheme established pursuant to a deed of arrangement dated 27 September 1989 between the Treasurer and the secretary of the United Trades and Labor Council; PSS 3 means the scheme of superannuation known as PSS 3 under the Parliamentary Superannuation Act 1974; PSS 3 member means a member of PSS 3 under the Parliamentary Superannuation Act 1974; retirement age of a person means— (a) in the case of a police officer—the age of 50 years; and (b) in any other case—the age of 55 years; retrenchment in relation to a member means the termination of the member's employment by his or her employer for any reason except on account of— (a) invalidity in the circumstances referred to in regulation 58(11)(a), (b), (c) or (e); or (b) the unsatisfactory performance by the member of his or her duties (including the member's failure to meet performance standards); or (c) the loss by the member of a qualification that is necessary for the proper performance of his or her duties; or (d) the member's bankruptcy or insolvency; or (e) the fact that the member has engaged in remunerative employment or an occupation or business outside the duties of his or her position; or (f) any other conduct that justifies termination of the member's employment; SIS Act means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; special deposit account means a special deposit account established under section 8 of the Public Finance and Audit Act 1987; Superannuation Contributions Tax Act means the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth; Super SA Select means the superannuation fund of that name established under a trust deed and for which Southern Select Super Corporation is trustee; Super SA Select member means a member of Super SA Select; surcharge notice means a notice issued by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax Act; terminal illness, of a person, means an illness or condition that is likely, in the opinion of at least 2 medical practitioners (1 of whom must have specialist expertise in the relevant field of medicine), to result in death of the person within 24 months of the day on which the opinion is given; transitional member—see regulation 9(1a); visiting medical officer means a person appointed to a hospital incorporated under the Health Care Act 2008 as a senior visiting medical specialist or a visiting medical specialist by the administrative unit of the public service that is primarily responsible for assisting a Minister in the administration of that Act. (2) For the purposes of these regulations, an amount of money rolled over for payment into the Fund under the provisions of an Act that operate in conjunction with Part VIIIB of the Family Law Act 1975 of the Commonwealth will, subject to these regulations, be taken to be money rolled over from a superannuation scheme to the Triple S scheme. (3) If— (a) a person became a member of the scheme or made an election under a provision of the repealed Act (the earlier provision); and (b) a provision of these regulations corresponds to the earlier provision, the person will be taken, for the purposes of these regulations, to be a member of the scheme by virtue of, or to have made an election under, (as the case may be) that corresponding provision. Examples— A person who became a member of the scheme under section 14(9) of the repealed Act will be taken to be a member of the scheme by virtue of regulation 9(5). A person who made an election under section 15B(1) of the repealed Act will be taken to have made an election under regulation 12(1). (4) For the purposes of these regulations, a person is the legal personal representative of a person who has died if— (a) the person has been nominated by the deceased, by notice in writing to the Board, as his or her legal personal representative in accordance with the requirements of the Board; and (b) the notice has effect for the purposes of the SIS Act. 4—Police members Pursuant to section 19(3)(b) of the Act, a police member of the scheme is a police officer or police cadet who is a member of the scheme other than by virtue of regulation 9(5), (5b) or (7). 5—Spouse members Pursuant to section 19(3)(c) of the Act, a spouse member of the scheme is a person who becomes a spouse member of the scheme by virtue of regulation 24(1). 6—Employment matters (1) If a person resigns from a particular position, or a person's employment in a particular position is terminated, so that they can take up some other position in employment to which the Act applies, or so that they can take up employment in the same position but on a different basis, the resignation or termination will, for the purposes of the Act and these regulations, be ignored unless there is an interval of more than 1 month between the time the resignation or termination takes effect and the commencement of the new employment. (2) If a person is employed— (a) pursuant to a contract for a fixed term; or (b) pursuant to an arrangement of the kind referred to in subregulation (5); or (c) on a temporary basis for a particular period or until the occurrence of a particular event, and the employment is not renewed at the end of the term or period, the person's employment will be taken to have been terminated by retirement or resignation (depending on the person's age). (3) Despite subregulation (2), if— (a) a person is employed pursuant to a contract for a fixed term; and (b) the person is, within the period of 3 months after the end of the term of the contract, employed under a new contract for a fixed term in the same or similar employment, the person will, for the purposes of the Act and these regulations, be taken to have remained in the relevant employment during the period between the end of the term of the first contract and the beginning of the term of the second contract. (4) Subject to subregulations (5) and (7), the following provisions apply for the purposes of the Act and these regulations to and in relation to a member (other than a transitional member) who is employed on a casual basis pursuant to an arrangement under which he or she is to work for 9 or more hours each week or for periods that average, over a 3 month period, 9 or more hours each week: (a) subject to this subregulation, the member will be taken to remain in employment for a period of 12 months after the last time that he or she performed work for the employer and accordingly— (i) if the member is incapacitated during that 12 month period, the member may be entitled to benefits under regulation 58 on account of invalidity, subject to the following: (A) for the purposes of regulation 58, the member's employment will be taken to have been terminated on account of invalidity by the employer on the day on which the member became incapacitated; (B) regulation 58(11) and (12) will not apply for the purposes of determining the member's entitlement to benefits; (C) the member must, within 2 years after the day on which the member becomes incapacitated to the extent envisaged by this subparagraph, give written notice to the Board claiming that the member is entitled to benefits under regulation 58; and (ia) if, during that 12 month period, the member suffers from a terminal illness, the member may be entitled to benefits under regulation 58(1)(b); and (ib) if, during that 12 month period, the member is incapacitated for work on account of a disability, the member may, subject to Part 2A Division 2, be entitled to a disability pension under Part 3 Division 2 Subdivision 4; and (ii) if the member dies during that period his or her spouse or estate will be entitled to benefits under these regulations; (b) at the expiration of that period of 12 months the member's employment will be taken to have been terminated (if not terminated by invalidity or death) by retirement or resignation (depending on the member's age). (5) Subregulation (4) does not apply where the member is employed pursuant to an arrangement under which the member is to work for 3 or more separate periods during a designated period or a period determined by the occurrence of a particular event. (7) If, during the period of 12 months referred to in subregulation (4)(a)— (a) all benefits payable under the Act or these regulations to, on behalf of or in respect of the member are paid; or (b) all amounts standing to the credit of the member's accounts are rolled over to another superannuation fund (other than Super SA Select); or (c) where the member is a member of the Triple S scheme by virtue of regulation 13B—all amounts standing to the credit of accounts established in Super SA Select on behalf of the member are rolled over to another superannuation fund (other than the Triple S scheme) or all benefits payable from Super SA Select to, on behalf of or in respect of the member are paid, subregulation (4) will cease to operate in relation to the member. (8) For the purposes of the Act and these regulations, a transitional member who is employed as a casual employee, and a person employed as a casual employee who makes a fund selection, will, despite any cessation of their membership of the Triple S scheme (if applicable), be taken to remain in employment for a period of 12 months after the last time that they performed work for their employer, and the fund selection made by the person in connection with that employment will therefore continue to apply (subject to any action occurring under Part 3A Division 3 of the Act in relation to the fund selection) in respect of that employment for the duration of that 12 month period. (9) Subregulation (8) does not affect the application of subregulation (4) to a member. 7—Employer contribution percentage (1) For the purposes of section 5(1) of the Act, the employer contribution percentage applicable in respect of a person (other than a person referred to in section 5(3) of the Act) is as follows: (a) in the case of a person whose conditions of employment are specified in a contract negotiated between the person and his or her employer and which includes an agreement between the person and the employer as to the value of the employer contribution percentage—the number representing that value; (b) in the case of a person referred to in regulation 9(2) or (3)—the amount required to reduce the charge percentage under the Commonwealth Act in respect of the member to zero; (c) in the case of a visiting medical officer—a percentage determined by reference to and in accordance with the Department of Health Visiting Medical Specialists Agreement 2006 (or its successor); (d) in the case of a member referred to in regulation 9(8)—3%; (e) in the case of a person who has elected to become a member under regulation 12(1) or 13(1), or is taken to have elected to become a member under regulation 13(1)—zero. (2) If a member and an employer that is required to make contributions to the Treasurer on behalf of the member under section 21 of the Act enter into an agreement as to the value of the employer contribution percentage, the employing authority must give the Board written notice of the agreement.

Part 2—Membership, accounts and contributions

Subdivision 1—Membership 8—Purpose of Subdivision Pursuant to section 19(3) of the Act, the purpose of this Subdivision is to make provision in relation to membership of the scheme. 9—Membership (1) Subject to subregulations (2), (3) and (8), the following persons are not members of the scheme: (a) a person employed pursuant to a fixed term contract that— (i) requires the employer to provide for or contribute towards benefits for the employee in a scheme of superannuation other than the Triple S scheme; and (ii) does not expressly state that the provision or contribution by the employer referred to in subparagraph (i) is in addition to the employee's membership of the Triple S scheme; (e) a medical practitioner in respect of employment by a hospital incorporated under the Health Care Act 2008 where the medical practitioner is paid on a "fee for service" basis. (1a) If— (a) a member of the Triple S scheme makes a fund selection to a fund other than Super SA Select before their employer makes a contribution on behalf of the member under section 21 of the Act; and (b) the first contribution made by the employer on behalf of the member is to the member's selected fund; and (c) there are no amounts standing to the credit of any accounts maintained by the Board on behalf of the member under section 12 of the Act, the member ceases to be a member of the scheme on the day on which the contribution referred to in paragraph (b) is made and is, until that time, a transitional member of the scheme for the purposes of these regulations. (2) A member of— (a) the State Scheme or of any other scheme established by or under an Act; or (b) a scheme of superannuation established for the benefit of employees of an agency or instrumentality of the Crown, becomes a member of the Triple S scheme whenever an entitlement to benefits needs to accrue to the member under the Triple S scheme to ensure that the Crown or an agency or instrumentality of the Crown satisfies the requirements of the Commonwealth Act. (3) If the employer contributions pursuant to a contract referred to in subregulation (1)(a) are not sufficient to reduce the charge percentage under the Commonwealth Act to zero, the employee is a member of the Triple S scheme. (4) A person who has made an election under regulation 10 is a member of the Triple S scheme. (5) A person who has made an election under regulation 12(1) or 13(1), or is taken to have made an election under regulation 13(1), is a member of the Triple S scheme. (5a) A PSS 3 member who has elected under section 36 of the Parliamentary Superannuation Act 1974 to take out voluntary invalidity/death insurance (and who is not, at the time of making the election, a member of the Triple S scheme) becomes a member of the Triple S scheme on the making of the election. (5b) If a contributor to the Police Superannuation Scheme who is not a member of the Triple S scheme applies for a police disability pension, the contributor becomes a member of the Triple S scheme if and when the application is accepted. (a) a person who is not a member of the Triple S scheme has an entitlement to a lump sum under Part 5 or under the provisions of an Act that correspond to that Part; and (b) that entitlement is to be retained in the Fund, or rolled over for payment into the Fund (as the case may be), then that person becomes a member of the Triple S scheme by force of this subregulation. (7) If a co‑contribution or benefit rolled over from another superannuation fund or scheme is paid to the Board for a person who is a member of the State Scheme or the Police Superannuation Scheme but not, at the time of the payment, a member of the Triple S scheme, the person becomes a member of the Triple S scheme by virtue of this subregulation when the payment is received by the Board. (8) The following persons are members of the Triple S scheme in order to provide them with superannuation benefits in place of benefits that would have accrued to them under the PSESS Scheme if that scheme had continued for their benefit after 30 June 1992: (a) PSS 1 members of the superannuation scheme established by the Parliamentary Superannuation Act 1974 who are sitting members of the Legislative Council or the House of Assembly; (b) members of a superannuation scheme established by a hospital incorporated under the Health Care Act 2008; Exception— This paragraph does not apply to former members of— (a) the Bordertown Memorial Hospital Incorporated Superannuation Fund; or (b) the Kingston Soldiers' Memorial Hospital Incorporated Superannuation Fund; or (c) the Mothers' and Babies' Health Association Superannuation Fund. (c) those members of the SAHC Visiting Medical Officers Superannuation Fund established by a trust deed dated 24 February 1983 who were appointed as visiting medical specialists on or before the commencement of paragraph (c) of regulation 11(1) of the revoked Southern State Superannuation Regulations 1995; (d) those members of the State Scheme referred to in clause 15(1)(c) of Schedule 1 of the Superannuation Act 1988; (e) an employee of the Adelaide Festival Centre Trust who is a member of a scheme of superannuation established for the benefit of the employee; (f) those contributors to the State Scheme who are employees of TransAdelaide and whose names appear in Schedule 1 of the Superannuation (STA Employees) Regulations 2005 made under the Superannuation Act 1988; (g) those persons whose names appear in Schedule 1 of the Superannuation (Lyell McEwin Employees) Regulations 2009; (h) those persons whose names appear in Schedule 1 of the Superannuation (Julia Farr Services Employees) Regulations 2003. (9) If a person who is a member of a scheme of superannuation other than the Triple S scheme becomes a member of the Triple S scheme by virtue of this regulation, the person's membership of the other scheme is not affected by his or her membership of the Triple S scheme (except to the extent (if any) prescribed pursuant to section 30(6) of the Act). 10—Election by contributor to State Scheme (1) A contributor within the meaning of the Superannuation Act 1988 may elect to become a member of the Southern State Superannuation Scheme if the employment on which his or her status as such a contributor is based has not terminated. (2) An election takes effect on a date fixed by the Board being a date occurring within 2 months after the election was made. (3) For the purposes of the Superannuation Act 1988, a contributor who has made an election under subregulation (1) will be taken— (a) to have resigned from employment and to have preserved his or her accrued superannuation benefits (whether he or she has reached the age of 55 years or not); and (b) not to reach the age of 55 years until he or she reaches that age and ceases to be employed in employment to which that Act applies. (4) An election under this regulation— (a) must be made in writing to the Board; and (b) may specify the rate (if any) at which the member elects to contribute to the scheme. 11—Contributors to State Scheme (1) This regulation applies to a contributor within the meaning of the Superannuation Act 1988 who is a member of the Triple S scheme by virtue of regulation 9(2) if— (a) he or she elects to make contributions to the Treasurer under regulation 17; or (b) his or her employer pays an amount in respect of him or her to the Treasurer under section 21(2) of the Act. (2) For the purposes of the Superannuation Act 1988, a contributor to whom this regulation applies will be taken— (a) to have resigned from employment and to have preserved his or her accrued superannuation benefits (whether he or she has reached the age of 55 years or not); and (b) not to reach the age of 55 years until he or she reaches that age and ceases to be employed in employment to which the Act applies. 12—Salary sacrifice by members of certain schemes (1) A prescribed person may elect, by notice in writing to the Board, to become a member of the Triple S scheme in order to establish an entitlement to the employer component of benefits under Part 4 by sacrificing part of his or her salary in accordance with an agreement or arrangement that entitles the person to sacrifice all or part of his or her salary. (2) Subject to subregulation (3), if a person has elected to become a member of the Triple S scheme under subregulation (1), the employer must, within 7 days after salary is paid to the member, pay to the Treasurer an amount (or arrange for the payment within that period to the Treasurer of an amount) equivalent to the member's non‑monetary salary that is allocated for the purpose of the employer component of benefits under Part 4 in accordance with the agreement or arrangement. (3) Subregulation (2) does not apply to, or in relation to, a member who is a contributor to the State Scheme during a period in which he or she is not an active contributor to that scheme except where the member is not an active contributor because of section 23(7) of the Superannuation Act 1988. (4) A person who has elected to become a member of the Triple S scheme under subregulation (1)— (a) is not entitled to make contributions under section 20(1)(a) of the Act; and (b) is entitled to the employer component of benefits under Part 4 but is not entitled to any other benefit under the Act or these regulations in his or her capacity as a member under this regulation other than any additional invalidity/death insurance taken out under Part 3 Division 2 Subdivision 2. (5) In this regulation— prescribed person means— (a) a person who is an active contributor to the State Scheme; or (b) a person who— (i) is employed by an incorporated hospital within the meaning of the Health Care Act 2008; and (ii) is an active member of the Commonwealth Superannuation Scheme or the Public Sector Superannuation Scheme; or (ba) a person who is an active member of the SA Ambulance Service Superannuation Scheme; or (c) a Judge (within the meaning of the Judges' Pensions Act 1971); or (d) the Governor; or (e) the Lieutenant-Governor within the meaning of the Constitution (Appointments) Act 2009. 13—Salary sacrifice by members of Police Superannuation Scheme (1) A police officer who is a contributor to the Police Superannuation Scheme may elect, by notice in writing to the Board, to become a member of the Triple S scheme in order to establish an entitlement to the employer component of benefits under Part 4 by sacrificing part of his or her salary in accordance with an agreement or arrangement that entitles the person to sacrifice all or part of his or her salary. (2) If a person has elected, or is taken to have elected, to become a member of the Triple S scheme under this regulation, the employer must, within 7 days after salary is paid to the member, pay to the Treasurer an amount (or arrange for the payment within that period to the Treasurer of an amount) equivalent to the member's non‑monetary salary that is allocated for the purposes of the employer component of benefits under Part 4 in accordance with the agreement or arrangement. (3) A person who has elected, or is taken to have elected, to become a member of the Triple S scheme under subregulation (1) is entitled to— (a) payment, in accordance with Part 4, of the balance of each account maintained for the person by the Board as required by section 12 of the Act; and (b) additional invalidity/death insurance taken out under Part 3 Division 2 Subdivision 2 (if any); and (c) subject to regulation 38A, a police disability pension in the circumstances set out in that regulation, but is not entitled to make contributions under section 20(1)(a) of the Act and is not entitled to any other benefits under the Act or these regulations in his or her capacity as a member under this regulation. 13A—Members of Parliamentary Superannuation scheme (1) The Board must maintain a contribution account in the name of a PSS 3 member who has made an election under section 36 of the Parliamentary Superannuation Act 1974 to take out voluntary invalidity/death insurance and is a member of the Triple S scheme. (2) A PSS 3 member who has made an election under section 36 of the Parliamentary Superannuation Act 1974 to take out voluntary invalidity/death insurance and is a member of the Triple S scheme is entitled to— (a) payment, in accordance with Part 4, of the balance of the member's contribution account; and (b) additional invalidity/death insurance taken out in accordance with the election, but is not entitled to any other benefits under the Act or these regulations in connection with the election. (3) An amount transferred from the Parliamentary Superannuation scheme to the Triple S scheme in respect of a PSS 3 member will be taken for the purposes of these regulations to be a contribution made in relation to the member by the member's employer. 13B—Members of Super SA Select (1) Pursuant to section 19(3)(a) of the Act, if a person in respect of whom an employer is required to pay an amount under section 21 of the Act makes a fund selection to Super SA Select, the person is (despite section 19(2)(a) and (b) of the Act) a member of the Triple S scheme. (2) A person's membership of the Triple S scheme under subregulation (1) is not affected by the person making a subsequent fund selection to another fund. (2a) However— (a) if the person's employment with the employer in connection with which the fund selection to Super SA Select was made terminates, membership of the Triple S scheme under subregulation (1) in respect of that employment will cease and the fund selection to Super SA Select will no longer apply; and (b) if the person's employment with the employer in connection with which the fund selection to Super SA Select was made has not terminated but their membership of Super SA Select ceases, the person's membership of the Triple S scheme under subregulation (1) in connection with the same employment ceases unless and until they again become a member of Super SA Select by virtue of a fund selection made in connection with that employment. (3) If a Super SA Select member is a member of the Triple S scheme by virtue of subregulation (1)— (a) the Board must continue to maintain an employer contribution account in the member's name from which insurance premiums payable by the member, and the disability pension premium, will be debited in accordance with regulation 39; and (b) the member is entitled to— (i) payment, in accordance with Part 4, of the balance of each account maintained for the member by the Board as required under section 12 of the Act; and (ii) default invalidity/death insurance and additional invalidity/death insurance taken out under Part 3 Division 2 Subdivision 2 or 3 (if any); and (iii) subject to Part 3 Division 2 Subdivisions 4 and 4A, a disability pension or police disability pension, but is not entitled to any other benefits under the Act. (4) Despite section 19(2)(a) of the Act, if a member of Super SA Select engages in employment to which the Act applies, the Act applies to the person in respect of that employment as if they were not a member of Super SA Select unless and until they fall within the ambit of subregulation (1) by virtue of having made a fund selection to Super SA Select in respect of that employment. 14—Duration of membership (1) Despite any other provision of these regulations, a person who fulfils the requirements for membership of the scheme under section 19 of the Act, or under this Division, remains a member of the scheme until benefits payable under the Act or these regulations to, on behalf of, or in respect of, the member have been paid even though the member may have subsequently ceased to fulfil the requirements for membership. (2) However, a member to whom benefits payable under the Act or these regulations have been paid under regulation 58(1)(b) because the member is suffering from a terminal illness remains a member of the scheme until the employment of the member terminates. (3) Subject to subregulation (3a), if a member becomes a member of a scheme of superannuation established for the benefit of the employees of an agency or instrumentality of the Crown, his or her membership of the Triple S scheme that is attributable to his or her employment by the agency or instrumentality is terminated and an amount equivalent to the balance standing to the credit of each account maintained by the Board in the name of the member is to be carried over to the other superannuation scheme. (3a) Subregulation (3) does not apply in relation to membership of Super SA Select. (4) If an employer contribution has not accrued to a member under the Act or the repealed Act for a period of 3 years or more because the member has been an active contributor during that period under the Superannuation Act 1988, an amount equivalent to the balance standing to the credit of the member's contribution account and the member's rollover account (if any) may be paid by the Treasurer to the credit of the member's rollover account under the Superannuation Act 1988 and in that event the member ceases to be a member of the Triple S scheme. (5) However, if the Board is maintaining a co‑contribution account on behalf of a member of the State Scheme because of co‑contribution payments received in respect of that membership, the member does not cease to be a member of the Triple S scheme by virtue of the operation of subregulation (4). (a) a person is a member of the scheme solely by virtue of being a member of the State Scheme in respect of whom a co‑contribution has been paid to the Board; and (b) the person becomes entitled to the payment of benefits under the Superannuation Act 1988 and to the payment of the amount standing to the credit of the person's co‑contribution account, then the person ceases to be a member of the Triple S scheme on the payment of the balance of the co‑contribution account. (a) a person is a member of the scheme solely by virtue of being a member of the Police Superannuation Scheme— (i) in respect of whom a co‑contribution or a benefit rolled over from another fund or scheme has been paid to the Board; or (ii) who has made an election, or is taken to have made an election, under regulation 13; and (b) the person becomes entitled to the payment of benefits under the Police Superannuation Act 1990 and Part 4 of these regulations, then the person ceases to be a member of the Triple S scheme on the payment of the balance of each account maintained by the Board in his or her name. (8) If a person who has made a fund selection ceases to be a member of the scheme under section 19(2)(b) of the Act because they have opted to have all amounts standing to the credit of their accounts rolled over to a complying superannuation fund, their membership ceases on the day on which the amounts are paid by the Board to the complying superannuation fund. 15—Members to whom section 21 does not apply (1) Pursuant to section 21(4)(b) of the Act, that section does not apply in relation to a person who is a member of the scheme by virtue of regulation 9(5a), (5b) or (6).

Subdivision 2—Accounts 16—Contribution, co‑contribution and rollover accounts (1) A contribution account maintained by the Board in the name of a member is to consist of— (a) if contributions are being or have been made in relation to the member by the member's employer—an employer contribution account; and (b) if the member is making or has made monetary contributions to the scheme—an employee contribution account. (1a) For the purposes of this regulation, a payment received by the Board from the board of the Southern Select Super Corporation on behalf of a member who is also a Super SA Select member is to be taken to be a contribution made in relation to the member by his or her employer. Payments will be made by the board of the Southern Select Super Corporation to the Board on behalf of Super SA Select members for the purpose of ensuring that insurance premiums and the disability pension premium can be deducted from the member's employer contribution account in accordance with subregulation (3)(a). (2) A member's employer contribution account must be credited with— (a) amounts that are equivalent to the amounts paid or payable by the member's employer to the Treasurer under section 21 of the Act in respect of salary paid to the member; and (ab) in the case of a member who is in receipt of a disability pension under regulation 36—a contribution replacement benefit as required under regulation 36AAB(2); and (b) in the case of the employer contribution account of a member referred to in section 21(2) of the Act—amounts that are equivalent to the amounts paid or payable by, or on behalf of, the member's employer to the Treasurer under that subsection in respect of the member; and (c) in the case of the employer contribution account of a person who has elected to become a member of the Triple S scheme under regulation 12 or 13, or is taken to have elected to become a member under regulation 13—amounts that are equivalent to the amounts paid or payable by, or on behalf of, the member's employer to the Treasurer under regulation 12(2) or 13(2) in respect of the member; and (d) in the case of the employer contribution account of a PSS 3 member who has made an election under section 36 of the Parliamentary Superannuation Act 1974 to take out voluntary invalidity/death insurance and is a member of the Triple S scheme—amounts that are equivalent to amounts transferred from the Parliamentary Superannuation scheme to the Triple S scheme in respect of the PSS 3 member; and (e) in the case of the employer contribution account of a member who is a Super SA Select member—amounts that are equivalent to amounts transferred from Super SA Select to the Triple S scheme in respect of the member. (3) Subject to subregulation (3a), a member's employer contribution account must be debited with— (a) in the case of a member other than a member referred to in paragraph (b)— (i) an administrative charge to be fixed by the Board; and (ii) the amount of the premium fixed by or under these regulations in respect of the default invalidity/death insurance and the additional invalidity/death insurance (if any) for the member; and (iii) a disability pension premium which, subject to subregulation (12), will be an amount fixed by the Board; and (b) in the case of a person who has elected to become a member of the Triple S scheme under regulation 12 or 13, or is taken to have elected to become a member under regulation 13, or is a PSS 3 member who has made an election under section 36 of the Parliamentary Superannuation Act 1974 to take out voluntary invalidity/death insurance and is a member of the Triple S scheme— (i) an administrative charge to be fixed by the Board; and (ii) the amount of the premium fixed by or under these regulations in respect of the additional invalidity/death insurance (if any) for the member; and (c) any other payment that is to be charged against the account under the Act or these regulations, to the extent that the charge, premium or other payment can be charged or debited to the account. (3a) If there are insufficient funds in a member's employer contribution account to enable debiting of a charge, premium or other payment under subregulation (3), the member's employee contribution account, rollover account or co-contribution account may be debited with the charge, premium or payment. (3b) However, an administrative charge may not be debited against a member's co-contribution account under subregulation (3a) if the credit balance of the member's employer contribution account, employee contribution account or rollover account (if any) is sufficient to pay the administrative charge. (4) A member's employee contribution account must be credited with the amount of contributions made by the member. (5) A member's rollover account must be credited with the amount of any money rolled over from another superannuation fund or scheme for the benefit of the member and must be debited with any payment that is to be charged against the account under the Act or these regulations. (6) A member's co‑contribution account must be credited with the amount of any co‑contribution paid to the Board in respect of the member and must be debited with any payment that is to be charged against the account under the Act or these regulations. (6a) If payments are made into the Fund in respect of a member pursuant to a law of the Commonwealth, the Board may determine that such payments are to be credited to a contribution account of the member on terms and conditions determined by the Board. (7) The Board may fix an administrative charge and apply it to any account or accounts maintained by the Board on behalf of a member by deduction of a fixed fee from, or adjustment to the investment returns allocated to, the account or accounts. (9) The Board may, in fixing administrative charges to be debited against members' accounts under this regulation, fix different charges depending on the balance of members' accounts or any other relevant factor. (9a) An administrative charge fixed and applied under this regulation may comprise a fee for the provision to a member of financial advice by financial planners authorised by the Board. (10) Despite a preceding subregulation, if a member whose only account in the scheme is a co‑contribution account satisfies the Board that he or she is unlikely to receive any further co‑contributions that will be payable to the Board in respect of the member, the Board may allow the member to carry over the balance of the account to some other superannuation fund or scheme approved by the Board (and when the balance has been carried over by the Board the person will cease to be a member of the Triple S scheme). (11) The Board must keep a record of the aggregate of the amounts of premiums debited against accounts under this regulation. (12) A disability pension premium is not payable under subregulation (3)(a)(iii) in relation to— (a) a member who is not entitled to a disability pension under regulation 36 under any circumstances; or (b) a member who is exempted under regulation 37 from the ambit of regulation 36.

Subdivision 3—Contributions 17—Contributions (section 20 of Act) (1) For the purposes of section 20(1)(a) of the Act, but subject to this regulation, a member may elect to make contributions to the Treasurer as a deduction from salary at a whole number percentage, or at 4.5%, of the combined value of the monetary and non‑monetary salary (if any) to which the member is entitled in each period in respect of which salary is paid to the member. (2) A person who is a member of the scheme by virtue only of regulation 9(3), (5), (5a), (5b), (6), (7) or (8) (including any combination of these provisions) is not entitled to make contributions under section 20(1)(a) of the Act. (3) For the purposes of section 20(1)(b) of the Act, the prescribed percentage is 4.5%. (4) A police cadet is not obliged to contribute but may elect to do so. (5) Subject to this regulation, a member who has elected to contribute may subsequently elect to contribute at a different rate or to cease contributing. (6) An election under this regulation must be made to the Board in writing and will operate from a date to be fixed by the Board. (7) If, following a change in a member's salary, it will be difficult for an employer to determine the amount of the member's contribution for the first payment period to which the new contribution applies, the Board may, by notice in writing to the employer, specify a date from which the new contribution amount will apply. (8) A notice under subregulation (7) may be varied or revoked by the Board by subsequent notice served on the employer. (9) If over a particular period a member receives (while remaining in employment) weekly workers compensation payments for total or partial incapacity for work, contributions will be payable as if the weekly payments were salary or a component of salary (as the case requires). (10) Contributions are payable from the member's monetary salary on the days on which monetary salary is paid to the member. (11) A member whose membership of the scheme commences on the commencement of the member's employment will commence making contributions on a date fixed by the Board. 18—Prescribed rate of contributions (section 20 of Act) (1) Pursuant to section 20(2)(b) of the Act, a member employed by SA Ambulance Service Inc— (a) who was a contributory member of the SA Ambulance Service Superannuation Scheme (the ambulance scheme) before electing to become a member of the Triple S scheme and has not reached his or her normal retirement date for the purposes of the ambulance scheme; or (b) who— (i) commenced his or her employment with SA Ambulance Service Inc on or after 1 July 2008; and (ii) is classified as an operations employee under the SA Ambulance Service Award; and (iii) is employed other than on a casual basis in the provision of ambulance services (within the meaning of the Health Care Act 2008), is required, subject to subregulations (2) and (3), to make contributions to the Treasurer at a rate of at least 4.5% of salary. (2) If a member to whom subregulation (1) applies has made a fund selection, and the member's selected fund is Super SA Select, the member must make the contributions required under subregulation (1) to Super SA Select rather than the Treasurer. (3) Subregulation (1) does not apply to a member who is making salary sacrifice contributions at a rate of at least 5.3% of salary. (4) If subregulation (1) ceases to apply to a member, the member will be taken to have made an election under section 20(1)(a) of the Act to make contributions to the Treasurer at the rate at which the member was contributing immediately before that cessation (and, accordingly, regulation 17 will apply as if such an election had been made). 19—Other contributions (section 20 of Act) A monetary contribution under section 20(1)(c) or (d) of the Act must be equal to or exceed $50. 20—Purpose of Division Pursuant to sections 19(3)(c) and 20(2)(d) of the Act, the purpose of this Division is to make provision for— (a) spouses of members to become spouse members of the scheme; and (b) contributions to be made by or on behalf of spouse members. 21—Interpretation death insurance means death insurance granted by the Board under regulation 40; death insurance benefits means benefits payable in respect of death insurance; eligible member means a member in respect of whom payments are being made to the Treasurer under section 20 of the Act, regulation 12 or regulation 13; prescribed payment means payment of an amount that is a contributions‑splitting superannuation benefit within the meaning of Division 6.7 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth. 22—Spouse contributions splitting (section 20 of Act) (1) Pursuant to section 20(2)(d) of the Act, but subject to this regulation, an eligible member may apply to the Board, in the approved form, to make a prescribed payment from the member's contribution account into a rollover account established in the name, and for the benefit, of the member's spouse. (2) An application under subregulation (1), and the making of a prescribed payment following the acceptance of an application, are subject to, and must comply with— (a) Division 6.7 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth (as if the provisions of that Division apply to, and in relation to, the scheme); and (b) such terms and conditions as may be specified by the Board. (3) The Board may fix administrative charges payable in respect of applications under this regulation. (4) Any charge payable under subregulation (3) may be deducted by the Board from— (a) the applicant's contribution account; or (b) if there are insufficient funds in that account—a spouse account established in the name of the applicant's spouse. 23—Other contributions for spouse members (section 20 of Act) (1) Pursuant to section 20(2)(d) of the Act, an eligible member may make monetary contributions to the Treasurer under this regulation for crediting to a contribution account in the name of the member's spouse. (2) A spouse member may, while the spouse member is the spouse of a member, make monetary contributions to the Treasurer under this regulation. (3) The amount of each contribution under this regulation must be equal to or exceed $50. 24—Spouse members and spouse accounts (section 19 of Act) (1) If a prescribed payment, or a monetary contribution under regulation 23(1), is made by a member for the benefit of a spouse in respect of whom neither a prescribed payment nor a contribution under regulation 23(1) has previously been made, the spouse becomes a spouse member of the Triple S scheme by virtue of this subregulation. (2) A spouse member's contribution account must— (a) be credited with the amount of contributions made by or on behalf of the spouse member; and (3) In addition to maintaining a rollover account in the name of a spouse member as required under section 12(1)(b)(i) of the Act, the Board must maintain a rollover account in the name of a spouse member for the benefit of whom a prescribed payment has been made. (4) A spouse member's rollover account must— (a) be credited with the amount of any prescribed payment made, or money rolled over, for the spouse member; and (5) A spouse member's co‑contribution account must— (a) be credited with the amount of any co‑contribution paid to the Board in respect of the spouse member; and (6) The Board may fix an administrative charge and apply it to any account or accounts maintained by the Board on behalf of a spouse member by deduction of a fixed fee from, or adjustment to the investment returns allocated to, the account or accounts. (7) However, an administrative charge may not be applied to a spouse member's co‑contribution account by deduction of a fixed fee from the account if the Board is maintaining a contribution account or rollover account in the name of the spouse member and the credit balance (if any) of either or both of those accounts is sufficient to pay the administrative charge. (7a) An administrative charge fixed and applied under this regulation may comprise a fee for the provision to a spouse member of financial advice by financial planners authorised by the Board. (8) The Board may, for the purposes of subregulation (6), fix different charges depending on the balance of spouse members' accounts or any other relevant factor. 25—Amalgamation of accounts (1) If a person who is a spouse member is, or becomes, a member of the scheme, the Board may transfer the amounts standing to the credit of the person's spouse accounts to a contribution account, rollover account or co‑contribution account, as appropriate, maintained by the Board in the name of the person (and the Board may, if necessary for the purposes of this subregulation, establish such an account in the name of the person). (2) If all amounts standing to the credit of the person's spouse accounts are transferred from those accounts under this regulation— (a) the person ceases to be a spouse member of the scheme; and (b) the person's death insurance under Part 3 Division 3 (if any) is taken to be additional invalidity/death insurance under Part 3 Division 2 Subdivision 2.

Part 2A—Portability and fund selection

Division 1—General 25A—Definitions (section 21A of Act) (1) For the purposes of the definition of designated member in section 21A of the Act, the following members are prescribed: (a) a police member; (b) a member employed by SA Ambulance Service to whom regulation 18 applies. (2) For the purposes of paragraph (c) of the definition of eligible fund in section 21A of the Act, Super SA Select is prescribed. 25B—Transfer of funds (section 21B of Act) (1) Subject to subregulation (2), only 1 application to transfer funds may be made by a member under section 21B(1) of the Act in a financial year. (2) The Board may permit a member to make more than 1 application to transfer funds under section 21B(1) of the Act in a financial year if the Board considers that the member's circumstances are exceptional. (3) An application to transfer funds under section 21B(1) of the Act may not be made in relation to an amount that is less than the minimum transfer amount fixed by the Board for the purposes of this regulation. (4) If a member applies to the Board under section 21B of the Act to transfer an amount standing to the credit of an account maintained by the Board on behalf of the member to Super SA Select, the Board may not accept the application unless the member is a member of Super SA Select at the time the application is made. (5) For the purposes of section 21B(3)(a) of the Act, $25 000 is prescribed as the minimum amount. (6) The Board may determine the eligible contribution account or accounts from which amounts are to be deducted on behalf of a member for the purposes of section 21B of the Act. 25C—Exclusion from operation of section 21C of Act Pursuant to section 21C(1)(c) of the Act, persons who are members of the Triple S scheme solely by virtue of regulation 9(2), (5) or (8) are excluded from the operation of that section. 25D—Employer obligations (section 21E of Act) A notification required to be given by a person's employer to the Board under section 21E(3) of the Act must be given within 14 days of the day on which the employer first makes a contribution to the person's selected fund. 25E—Matters affecting eligibility of funds (section 21F of Act) (1) For the purposes of section 21F(c) of the Act, the prescribed period is 14 days from the day on which the person receives a fund selection notice from their employer (as required under section 21E(1)(c) of the Act). (2) If, under section 21F of the Act, section 21 of the Act applies to a person as if a fund selection had not been made by the person, the person will, if they are not already a member of the Triple S scheme, become a member of the scheme on the day on which a contribution is first made on behalf of the member to the Treasurer by the member's employer pursuant to section 21 of the Act. 25F—Commencement of membership if direction given under section 21G of Act If a person who gives a direction under section 21G(1) of the Act becomes a member of the Triple S scheme by virtue of subsection (3)(a) of that section, the person's membership of the scheme commences on the day on which the member's employer first makes a contribution on behalf of the member in accordance with subsection (3)(b) of that section. 25G—Fund selection takes effect when first contribution made For the purposes of these regulations, if a person makes or varies a fund selection, the selection or variation takes effect on the day on which a contribution is first made by the employer of the person who made the selection or variation to the person's selected fund in accordance with the requirements of the Act.

Division 2—Insurance and income protection 25H—Operation of insurance and income protection provisions (1) This regulation applies to— (a) a person who has made or varied a fund selection or given a direction under section 21G of the Act; and (b) a person to whom section 21 of the Act applies, as if the person had not made a fund selection, by virtue of the operation of section 21F of the Act. (2) Part 3 and any other regulation relevant to insurance and income protection cover operate in relation to a person to whom this regulation applies, subject to regulation 25I. (3) A premium for insurance or income protection cover paid or payable by a person to whom this regulation applies may be refunded or waived (as the case requires) in circumstances determined by the Board. 25I—Effect of fund selection on entitlement to insurance and income protection (a) a person makes a fund selection under section 21C(5) of the Act to an eligible fund other than Super SA Select; or (b) under section 21C(7) of the Act, a person varies a fund selection to Super SA Select by selecting another eligible fund (other than the Triple S scheme), (c) the person's entitlement to a disability pension under Part 3 Division 2 Subdivision 4 in connection with the employer to which the fund selection or variation relates will cease when the fund selection or variation takes effect; (d) the fund selection or variation does not affect the person's entitlement to a disability pension insofar as that entitlement arises in connection with other employment to which the Act applies (but the person's salary from the employer to which the fund selection or variation relates is not to be taken into account when calculating the member's notional salary for the purposes of determining the amount of any such disability pension). (2) If a person's membership of the Triple S scheme in connection with a particular employer under subregulation (1) ceases by virtue of regulation 13B(2a), but the person remains a member of the scheme, the person does not, despite any other provision of these regulations, have an entitlement to invalidity/death insurance unless the person has an entitlement to invalidity/death insurance that arises in connection with other employment to which the Act applies. (3) If— (a) a person— (i) makes a fund selection under section 21C(5) of the Act from the Triple S scheme to Super SA Select; or (ii) varies a fund selection to the Triple S scheme by selecting Super SA Select; or (b) a person who has made a fund selection to Super SA Select— (i) gives their employer a direction under section 21G of the Act for payments to be made on behalf of the person to the Triple S scheme; or (ii) has their employer contributions redirected to the Triple S scheme by virtue of the operation of section 21F of the Act, (c) if the person— (i) holds no invalidity/death insurance cover as a member of the Triple S scheme immediately before the effective day; but (ii) is eligible for default invalidity/death insurance under regulation 28, then, on and from the effective day, the person is entitled to default invalidity/death insurance under regulation 28; (d) however, insurance benefits will not be payable to, or in connection with, a person who becomes entitled to default invalidity/death insurance under paragraph (c) in respect of a medical condition existing before the effective day unless the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; (e) if, immediately before the effective day, the person holds no income protection cover, the person will, subject to regulation 36(4), be entitled to income protection cover under Part 3 Division 2 Subdivision 4 on and from that day; (f) however, a disability pension will not be payable to a person who becomes entitled to income protection cover under paragraph (e) in respect of incapacity for work arising from a medical condition existing before the effective day unless— (i) the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; and (4) If— (a) a person's employer contributions are redirected to the Triple S scheme by virtue of the operation of section 21F of the Act; or (b) a person, having made a fund selection to a fund other than Super SA Select, gives a direction to their employer under section 21G of the Act for payments to be made on behalf of the person to the Triple S scheme; or (c) a person varies a fund selection under section 21C(7) of the Act by selecting Super SA Select, (d) if the person— (i) holds no insurance cover as a member of the Triple S scheme immediately before the effective day; but (ii) is eligible for default invalidity/death insurance under regulation 28, then, on and from the effective day, the person is entitled to default invalidity/death insurance under regulation 28; (e) however, insurance benefits will not be payable to, or in connection with, a member who becomes entitled to default invalidity/death insurance under paragraph (d) in respect of a medical condition existing before the effective day unless the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; (f) if the person holds income protection cover immediately before the effective day, the person's salary from the employer to which the relevant action under paragraph (a), (b) or (c) relates is to be taken into account on and from that day when calculating the person's notional salary for the purposes of determining the amount of any disability pension to which the person is entitled; (g) however, the person's salary from the employer to which the relevant action under paragraph (a), (b) or (c) relates is not to be taken into account for the purposes of determining the amount of any disability pension payable in respect of a medical condition existing before the effective day unless— (i) the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; and (ii) the incapacity for work occurs after the end of that 12 month period; (h) if, immediately before the effective day, the person holds no income protection cover, the person will, subject to regulation 36(4), be entitled to income protection cover under Part 3 Division 2 Subdivision 4 on and from that day; (i) however, a disability pension will not be payable to a member who becomes entitled to income protection under paragraph (h) in respect of incapacity for work arising from a medical condition existing before the effective day unless— (i) the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; and (5) Despite any other provision of this regulation— (a) a person who is a transitional member of the Triple S scheme is not required to pay premiums in respect of default invalidity/death insurance or income protection cover held by the person; and (b) any entitlement of a person who is a transitional member of the Triple S scheme to default invalidity/death insurance or income protection cover comes to an end when the person's membership of the scheme ceases under regulation 9(1a); and (c) if— (i) a member of the scheme makes a fund selection to Super SA Select before their employer makes a contribution on behalf of the member under section 21 of the Act; and (ii) the first contribution made by the employer on behalf of the member is to Super SA Select; and (iii) there are no amounts standing to the credit of any accounts maintained by the Board on behalf of the member under section 12 of the Act, the member is not required to pay premiums in respect of default invalidity/death insurance held by the person before the fund selection takes effect. (6) A reference in this regulation to the effective day in connection with a fund selection, or action occurring under Part 3A Division 3 of the Act in relation to a fund selection, means— (a) in the case of— (i) redirection of a person's employer contributions to the Triple S scheme by virtue of the operation of section 21F of the Act; or (ii) a direction given by a person to their employer under section 21G of the Act for payments to be made on behalf of the person to the Triple S scheme, the day on which the first contribution is made to the Triple S scheme; and (b) in the case of a fund selection under section 21C(5) of the Act or variation of a fund selection under section 21C(7) of the Act—the day on which the fund selection or variation takes effect.

Part 3—Insurance and investment Division 1—Preliminary 26—Purpose of Part Pursuant to section 22 of the Act, this Part continues (with variations) the scheme of invalidity and death insurance established under the repealed Act. 27—Interpretation In this Part— prescribed member means— (a) a police member; or (b) a member employed by SA Ambulance Service Inc— (i) who was a contributory member of the SA Ambulance Service Superannuation Scheme (the ambulance scheme) before electing to become a member of the Triple S scheme and has not reached his or her normal retirement date for the purposes of the ambulance scheme; or (ii) who— (A) commenced his or her employment with SA Ambulance Service Inc on or after 1 July 2008; and (B) is classified as an operations employee under the SA Ambulance Service Award; and (C) is employed other than on a casual basis in the provision of ambulance services (within the meaning of the Health Care Act 2008). Division 2—Members Subdivision 1—Default invalidity/death insurance 28—Default invalidity/death insurance (1) Subject to this regulation and regulation 35A, a member under the age of 70 years is entitled to default invalidity/death insurance regardless of the state of the member's health. (2) A member is not entitled to default invalidity/death insurance if the member— (a) is a member of the scheme by virtue only of regulation 9(3), (5), (5a), (5b), (6), (7) or (8) or 14(1) (including any combination of these provisions); or (b) is— (i) employed or engaged for a specified period of time; and (ii) remunerated solely by a fee, allowance or commission; or (c) has received insurance benefits (or benefits of a similar kind) on account of a terminal illness paid— (i) under regulation 58(1)(b) or a provision of the repealed Act; or (ii) under an Act that provides for the payment of benefits by the Treasurer; or (iii) under an administered scheme. (3) A spouse member of the scheme is not entitled to default invalidity/death insurance in the spouse member's capacity as a spouse member. (4) Subject to subregulation (5), the following provisions apply in relation to a member who has received invalidity insurance benefits (or invalidity benefits of a similar kind) under the Act, the repealed Act, another Act that provides for the payment of benefits by the Treasurer or an administered scheme, and is subsequently employed in employment to which the Act applies: (a) the member is entitled to default death insurance, but not default invalidity insurance, in respect of the member's subsequent employment (and a reference in these regulations to invalidity/death insurance is to be taken, insofar as it applies to the member, to be a reference to death insurance only); (b) however, a death insurance benefit is payable only if the cause of the member's death has no connection with the condition in relation to which invalidity benefits (or a benefit in the nature of invalidity benefits) were previously paid to the member. (5) Subregulation (4) does not apply in relation to a member who is not entitled to default invalidity/death insurance by virtue of subregulation (2)(c). (6) In this regulation— administered scheme has the same meaning as in Schedule 3 of the Superannuation Act 1988. A member who holds fixed insurance cover when this regulation commences is not entitled to default invalidity/death insurance—see Schedule 3 Part 2. Subdivision 2—Additional invalidity/death insurance 29—Interpretation In this Subdivision— fixed benefit insurance cover—see regulation 34; standard insurance cover—see regulation 34. 30—Application for additional invalidity/death insurance (1) Subject to this regulation, a member under the age of 70 years (other than a prescribed member under the age of 65 years) may apply to the Board for additional invalidity/death insurance under this regulation. (1a) Additional invalidity/death insurance may only be provided to a PSS 3 member in connection with an election under section 36 of the Parliamentary Superannuation Act 1974 to take out voluntary invalidity/death insurance if the member has applied to the Board for the insurance in accordance with these regulations. (2) A person who is employed on a casual basis can only apply for additional invalidity/death insurance if he or she is employed pursuant to an arrangement under which he or she is to work for 9 or more hours each week or for periods that average, over a 3 month period, 9 or more hours each week. (3) A person who is not entitled to default invalidity/death insurance under regulation 28(2)(b) or (c), or who is entitled to default death insurance but not default invalidity insurance, cannot apply for additional invalidity/death insurance or death insurance. (4) A person who is a member of the scheme by virtue only of regulation 9(3), (5b), (6) or (7) (including any combination of these provisions) cannot apply for additional invalidity/death insurance. (4a) A person who is a member of the scheme by virtue only of regulation 14(1) is not entitled to additional invalidity/death insurance and any additional invalidity/death insurance cover held by a person if and when they become a member of the scheme by virtue only of regulation 14(1) is cancelled. (5) If within 3 months after electing to become a member of the Triple S scheme, a contributor under the Superannuation Act 1988 applies to the Board under this regulation for additional invalidity/death insurance that will entitle the applicant to benefits that will not, in the Board's opinion, exceed the benefits in the nature of invalidity and death insurance to which the applicant would have been entitled under the Superannuation Act 1988— (a) regulation 49(2) does not apply to the applicant; and (b) the Board must accept the application and the only conditions that it can impose on its acceptance are the conditions (if any) to which the applicant's membership of the State Scheme is subject or conditions to which the applicant agrees. (6) If the Board grants an application for additional invalidity/death insurance or for an increase or decrease in the level of additional insurance, the Board must fix the date for the commencement of the insurance or of the increase or decrease in the level of insurance. 31—Additional invalidity/death insurance for prescribed members (1) A prescribed member under the age of 65 years who has not taken out fixed benefit insurance has, regardless of the state of the health of the member, additional invalidity/death insurance cover at least equal in value to 3 units of standard insurance cover, determined according to the member's current age, and is liable for premiums in respect of that insurance fixed by or under regulation 34. (2) A prescribed member under the age of 65 years who has taken out fixed benefit insurance cover has, regardless of the state of the health of the member, the number of units of fixed benefit insurance cover necessary to provide the member with invalidity/death insurance cover at least equal in value to 6 units of standard insurance cover (taking into account the member's default invalidity/death insurance cover), determined according to the member's current age, and is liable for premiums in respect of that insurance fixed by or under regulation 34. (3) A prescribed member is not required to apply for additional insurance to which the member is entitled under subregulation (1) or (2). (4) Subject to regulation 34, a prescribed member may apply to the Board, in the approved form, to increase the level of the member's additional invalidity/death insurance. (5) If the Board grants an application for an increase in the level of additional insurance, the Board must fix the date for the commencement of the increase in the level of insurance. Subdivision 3—Amount of insurance benefits and premiums 34—Amount of invalidity/death insurance benefits and amount of premiums (1) There will be 2 classes of invalidity/death insurance: (a) standard insurance cover under the Table in Schedule 1 where the value of a unit of cover, as designated in column 2, is determined on the basis of the member's age; (b) fixed benefit insurance cover where the value of a unit of cover is fixed at $10 000 irrespective of the member's age (up to age 69). (2) There will be 2 classes of death insurance for members to whom regulation 28(4) applies: (a) standard insurance cover under the Table in Schedule 2 where the value of a unit of cover, as designated in column 2, is determined on the basis of the member's age; (b) fixed benefit insurance cover where the value of a unit of cover is fixed at $10 000 irrespective of the member's age (up to age 69). (3) Insurance cover under this Division ceases in relation to a member when the member reaches the age of 70 years. (4) The amount of the premium payable per unit of insurance cover provided under this regulation is to be fixed by the Board on the recommendation of an actuary. (5) An applicant for additional invalidity/death insurance may apply for standard insurance cover or fixed benefit insurance cover. (6) The class of insurance held by a member may, on application by the member in the approved form and subject to terms and conditions determined by the Board, be changed to the other class of insurance. (7) However, a member may not, at any 1 time, take out both standard and fixed benefit insurance cover. (8) Subject to regulation 35A, the amount of default invalidity/death insurance for a member who has not taken out fixed benefit insurance cover is 3 units of standard insurance cover. (9) If a member has an entitlement to default invalidity/death insurance immediately before taking out fixed benefit insurance cover, the level of the member's default invalidity/death insurance will be determined by the Board. (10) In making a determination for the purposes of subregulation (9), the Board must ensure that the member's default invalidity/death insurance after the member takes out fixed benefit insurance cover is fixed at a level that provides insurance cover that is as close as possible in value to, but does not exceed in value, the value of the member's default invalidity/death insurance cover immediately before the fixed benefit insurance cover is taken out. (11) If a member who takes out fixed benefit insurance cover does not have an entitlement to default invalidity/death insurance immediately before taking out the fixed benefit insurance cover, the member is not entitled to default invalidity/death insurance. A member to whom subregulation (11) applies may nevertheless make application for additional insurance. (12) The Board may allow a rebate of the premium payable under this regulation in respect of invalidity/death insurance cover or death insurance cover. (13) The aggregate value of units of cover granted to a member employed other than on a casual basis must not exceed $1 500 000 (inclusive of the member's default cover). (14) The aggregate value of units of cover granted to a member employed on a casual basis must not exceed $750 000 (inclusive of the member's default cover). 35—Voluntary reduction or cessation of invalidity/death insurance (1) Subject to subregulation (2), the amount of invalidity/death insurance held by a member may be reduced on application by the member to the Board in the approved form. (2) The value of invalidity/death insurance held by a prescribed member under the age of 65 years may not be reduced below an amount equivalent in value to 6 units of standard insurance cover. (3) Invalidity/death insurance held by a member (other than a prescribed member under the age of 65 years) may cease on application to the Board by the member in the approved form. (4) If the amount of invalidity/death insurance held by a member is reduced, or ceases, under this regulation, premiums will cease to be payable in respect of any cover that is no longer held by the member from a day determined by the Board (which must be as soon as practicable after receipt of the application). 35A—Application for insurance following decrease or cessation of insurance (1) If the amount of invalidity/death insurance held by a member is reduced under regulation 35— (a) further invalidity/death insurance may subsequently be granted to the member on application by the member in the approved form; but (b) if the amount of the member's insurance has been reduced to 2 units or less of standard insurance cover (or an amount of insurance that is lower in value than, but does not exceed in value, 2 units of standard insurance cover)— (i) the member's default invalidity/death insurance will not exceed in value the amount to which the member's insurance has been reduced; and (ii) accordingly, the Board may, having regard to the state of the member's health, grant the application subject to authorised conditions (see regulation 49). (2) If the amount of invalidity/death insurance held by a member ceases under regulation 35, further invalidity/death insurance may subsequently be granted to the member on application by the member in the approved form, subject to the following: (a) the member will no longer be entitled to default invalidity/death insurance; (b) the Board may, having regard to the state of the member's health, grant the application subject to authorised conditions (see regulation 49).

Subdivision 4—Income protection 36—Disability pension (1) Pursuant to section 22(1) of the Act, but subject to these regulations, a member who— (a) is incapacitated for work on account of a disability; and (b) is absent from work in respect of employment to which the Act applies on account of the incapacity; and (c) is receiving treatment from a medical practitioner in respect of the incapacity and is following the advice of the practitioner, is entitled to a disability pension. (2) A member is incapacitated for work on account of a disability for the purposes of this Subdivision if the Board is satisfied that the member— (a) is suffering from ill health (whether physical or mental); and (b) is unable, because of that ill health— (i) to undertake the duties of the position usually occupied by the member or is unable to undertake those duties at the member's usual capacity; and (ii) to undertake the duties of any other suitable position made available to the member. (3) For the purposes of subregulation (2), a position is a suitable position for a member if— (a) the position carries a salary of at least 80% of the salary applicable to the position usually occupied by the member; and (b) the member could reasonably be expected to take the position. (4) A member is not entitled to a disability pension under subregulation (1) if the member— (a) is aged 65 years or over; or (b) is exempted from the ambit of this regulation under regulation 37; or (c) is not entitled to a disability pension under this regulation by virtue of regulation 38. (4a) If regulation 9(1)(a) ceases to apply to a person, the following provisions apply: (a) if the person holds income protection cover immediately before the day on which regulation 9(1)(a) ceases to apply, the person's salary from the relevant employer is to be taken into account on and from that day when calculating the person's notional salary for the purpose of determining the amount of any disability pension to which the person is entitled; (b) however, the person's salary from the relevant employer is not to be taken into account for the purposes of determining the amount of any disability pension payable in respect of a medical condition existing before the day on which regulation 9(1)(a) ceases to apply unless— (i) the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; and (ii) the incapacity for work occurs after the end of that 12 month period; (c) if, immediately before the day on which regulation 9(1)(a) ceases to apply, the person holds no income protection cover, the person will, subject to subregulation (4), be entitled to income protection cover under Part 3 Division 2 Subdivision 4 on and from that day; (d) however, a disability pension will not be payable to a member who becomes entitled to income protection under paragraph (c) in respect of incapacity for work arising from a medical condition existing before the day on which regulation 9(1)(a) ceases to apply unless— (i) the person has, after that day, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months; and (5) If a member who is entitled to a disability pension under subregulation (1) becomes incapacitated for work on account of a disability while on leave without pay for a reason that is not connected to the disability, payment of the pension is not to commence, unless the Board determines otherwise, before the day on which the member was expected to return to work following the period of leave. 36AA—Application for disability pension (1) An application for a disability pension must be made— (a) within 6 months of the day on which the member is first absent from work in respect of employment to which the Act applies; or (b) if the member is entitled to— (i) weekly payments of workers compensation; or (ii) other temporary income replacement benefits payable under an industrial agreement or award applying to the member, immediately after the member's first absence from work in respect of employment to which the Act applies—within 6 months of the day on which the member ceases to be entitled to such payments; or (c) if the member is on recreation leave, long service leave, paid sick leave, paid parental leave or any other form of paid leave immediately after the member's first absence from work in respect of employment to which the Act applies—within 6 months of the day on which the member ceases to be on such leave. (2) If a member notifies the Board when lodging an application for a disability pension that the application should not be assessed until further notice, the application will be taken to have been received by the Board if and when the member subsequently gives notice to the Board that the application is to be assessed. (3) For the purposes of subregulation (1), a period during which a police member receives salary or wages pursuant to an arrangement under which employees forego part of their annual recreation leave in return for the grant of additional sick leave is to be taken to be a period during which the member is not absent from work. The Commissioner of Police may make and carry out such an arrangement with employees under regulation 66 of the Police Regulations 2014. 36AAB—Amount of pension (1) The amount of a disability pension will be 75% of the member's notional salary. (2) In addition, a contribution replacement benefit of an amount determined by the Board will be credited to the member's employer contribution account under regulation 16(2) while the member is in receipt of a disability pension under this Subdivision. (3) In this regulation— notional salary—see regulation 36A. 36AAC—Matters affecting entitlement to pension (1) A disability pension is payable to a member in respect of a disability— (a) only if the member is— (i) incapacitated for work on account of the disability for a period that exceeds the waiting period; and (ii) absent from the member's employment on account of the incapacity for all working days falling within the waiting period; and (b) only in relation to a period of incapacity that occurs after the end of the waiting period. (2) In subregulation (1), the waiting period is— (a) 30 days; or (b) if— (i) the member has elected in the approved form for a longer waiting period to apply and has not withdrawn the election; and (ii) the first day on which the member is absent from employment on account of the incapacity occurs after the day on which notice of the election is lodged with the Board, 90 days. (3) For the purposes of subregulation (1)(a)(ii)— (a) if a member whose waiting period is referred to in subregulation (2)(a) returns to work during the waiting period— (i) for no more than 2 days (whether or not consecutive), those days are not to be taken into account for the purposes of determining the period for which the member has been absent from employment; or (ii) for a total number of hours that does not exceed the total number of hours the member would ordinarily work (as determined by the Board) in a 2 day period, the Board may determine that the member is to be taken to have been absent from work on account of the incapacity for all working days falling within the waiting period; and (b) if a member with any other waiting period returns to work during the waiting period— (i) for 5 days or less, and no more than 2 of those days are consecutive (whether on 1 or 2 occasions), those days are not to be taken into account for the purposes of determining the period for which the member has been absent from employment; or (ii) for a total number of hours that does not exceed the total number of hours the member would ordinarily work (as determined by the Board) in a 5 day period, the Board may determine that the member is to be taken to have been absent from work on account of the incapacity for all working days falling within the waiting period. (4) If a member withdraws an election made under subregulation (2)(b) by notice to the Board in the approved form, the member's waiting period under subregulation (2) will be a period commencing on the first day on which the member is absent from employment on account of the incapacity and ending on the day falling— (a) 90 days from the day on which the notice is lodged with the Board; or (b) 30 days from the first day on which the member is absent from employment on account of the incapacity, whichever occurs later. (5) A disability pension is not payable to a member in respect of— (a) a period in respect of which the member is entitled to weekly payments of workers compensation or would have been entitled to weekly payments of workers compensation if the member had not accepted a redemption of the liability to make those weekly payments under Part 4 Division 4 of the Return to Work Act 2014; or (ab) any period in respect of which the member is entitled to temporary income replacement benefits payable under an industrial agreement or award applying to the member; or (b) a period for which the member is on recreation leave, long service leave, paid sick leave or any other form of paid leave. (7) A person who— (a) is a member of the scheme by virtue of an election under regulation 10; and (b) was aged 55 years or over when the election was made, is not entitled, during the first 24 months of the person's membership of the scheme, to a disability pension in respect of an incapacity attributable to a medical condition existing before the day on which that membership commenced. (8) A person who is a contributor within the meaning of the Superannuation Act 1988 to whom regulation 11 applies is not entitled, during the period of 24 months commencing on the day on which regulation 11 first applies to the person, to a disability pension in respect of an incapacity attributable to a medical condition existing before that day. (9) A member who returns to work in employment to which the Act applies after being on leave without pay for 12 months or more is not entitled, during the period of 24 months commencing on the day on which the member returns to work, to a disability pension in respect of a condition that was known to the member on that day. (10) In this regulation— working day in relation to a member means a day on which the member would be normally required to work in the course of employment. 36AAD—Duration of disability pension (1) A member who is in receipt of a disability pension may, by notice in writing to the Board, suspend payment of the pension for a period specified in the notice. (2) A disability pension cannot be paid in respect of a particular disability— (a) for a continuous period of more than 24 months; or (b) for an aggregate period of more than 24 months in any 1 period of 48 months. (3) For the purposes of subregulation (2)— (a) if an application by a member for a disability pension is taken under regulation 36AA(2) to have been received on a day that is not the day on which it was lodged, and the application is successful, the period commencing on the day on which the application was lodged and ending on the day on which the applicant gives notice to the Board that the application is to be assessed is to be taken into account as a period during which a disability pension was paid to the member; and (b) if payment of a disability pension to a member is suspended at the request of the member under subregulation (1), the period of the suspension is to be taken into account as a period during which a disability pension was paid to the member. (4) A person in receipt of a disability pension whose employment terminates ceases to be entitled to the pension from the day immediately following the day on which the employment terminates or is taken to have been terminated. (5) Subregulation (4) applies irrespective of the manner in which the person's employment terminates. (6) If a member to whom regulation 6(4) applies is entitled to a disability pension in respect of incapacity for work in the 12 month period during which the member is taken to remain in employment, the pension will not be payable after the end of the designated period. (7) For the purposes of subregulation (6), the designated period is a period— (a) commencing on the day following the day on which the 12 month period during which the member is taken to remain in employment expires; and (b) equivalent in length to the waiting period that applied under regulation 36AAC in respect of the member's disability pension. 36AAE—Miscellaneous (1) A member is not required to make a contribution over a period for which the member receives a disability pension. (2) A right to a disability pension under this Subdivision cannot be assigned. (3) Subregulation (2) does not prevent the making of a garnishee order in relation to a pension. (4) If a person who is a member of the scheme by virtue of regulation 9(2) becomes entitled to a benefit under this Subdivision, the person is not entitled to a benefit under section 30 or 36 of the Superannuation Act 1988. (5) Despite any other regulation, a member may receive a disability pension under this Subdivision while engaged in remunerative activities if the Board is satisfied that the member is engaged in the activities for the purposes of a rehabilitation or return to work arrangement. (6) However, if at any time during a financial year a member who is receiving, or would, but for this subregulation, be entitled to receive, a pension under this Subdivision is also receiving income from remunerative activities, the pension will be reduced by the amount by which the pension and income exceed, when aggregated, the amount that the member would be entitled to receive if the member were in receipt of the member's notional salary (within the meaning of regulation 36AAB) and if those payments equal or exceed that amount, the pension will be suspended. 36A—Notional salary (1) For the purposes of regulation 36AAB, the notional salary of a member who is entitled to a disability pension is the salary that the member was receiving immediately before the commencement of the member's incapacity for work, adjusted at the commencement of each adjustment period to reflect— (a) in 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 (b) in 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. (2) However— (a) if the member was not, immediately before the commencement of the incapacity, in full‑time employment, the notional salary will be calculated by reference to a formula determined by the Board, having regard to such evidence of the member's salary (over the course of the member's employment or, if the member has been employed for more than 3 years, the last 3 years of the member's employment) as the Board considers appropriate (including, without limitation, premiums paid by the member under these regulations); and (b) if the Board is satisfied that— (i) the member was not, immediately before the commencement of his or her incapacity, in receipt of a shift work allowance or an on call allowance to which he or she would ordinarily be entitled; and (ii) he or she was not in receipt of the allowance only because of a medical condition to which his or her incapacity is attributable, the member will be taken to have been receiving the allowance immediately before the commencement of his or her incapacity. (3) Despite subregulations (1) and (2), if a member's notional salary would, but for this subregulation, exceed the automatic acceptance limit, the member's notional salary is fixed at the automatic acceptance limit. (4) A member whose notional salary is fixed under subregulation (3) may apply to the Board for additional income protection cover. (5) Regulation 37A applies in relation to an application under subregulation (4). (6) If the Board approves the member's application, the member's notional salary will be determined, subject to regulation 36B, under subregulation (1) or (2), as appropriate. (7) The member may, by subsequent application in the approved form, apply for a reduction in the level of the member's income protection cover. (8) If the Board approves the member's application, the member's notional salary will be fixed at the automatic acceptance limit unless and until the member's notional salary if determined under subregulation (1) or (2) would be set at a level lower than the automatic acceptance limit (and subregulations (1) and (2) will then apply for the purposes of determining the member's notional salary). (9) If an application for additional income protection cover is granted subject to authorised conditions under regulation 37A, any entitlement of the member to a disability pension based on a notional salary set at a level higher than the automatic acceptance limit will be subject to those conditions (but the member will, if the member has income protection cover under these regulations that the member was not required to apply for, be entitled, without conditions, to a disability pension based on a notional salary fixed at the automatic acceptance limit). (9a) An adjustment is not to be made under subregulation (1) if the effect of the adjustment would be to reduce the amount of a member's disability pension. (10) In this regulation— adjustment period means the period of 6 months commencing on 1 April and 1 October in each year; April adjustment period means an adjustment period commencing on 1 April in any year; automatic acceptance limit means a salary level fixed by the Board from time to time for the purposes of this definition; Consumer Price Index means the Consumer Price Index (All groups index for Adelaide) published by the Australian Bureau of Statistics; October adjustment period means an adjustment period commencing on 1 October in any year. 36B—Maximum level of income protection (1) Despite any other regulation, the level of a member's income protection cover under this Part may not exceed the level of income protection cover provided where notional salary is equal to the maximum salary income protection cap. (2) For the purposes of regulations 36AAB and 36A, the notional salary of a member whose salary exceeds the level of the maximum salary income protection cap will be fixed at the level of that cap and the member's disability pension premium will be determined accordingly. (3) A member whose salary exceeds the maximum salary income protection cap may not apply for a level of income protection cover that exceeds the cover provided to a member whose notional salary is equal to the maximum salary income protection cap. (4) In this regulation— maximum salary income protection cap means a salary level fixed by the Board from time to time for the purposes of this definition. 37—Exemption from ambit of regulation 36 (1) A member (other than a prescribed member under the age of 60 years), may elect, in the approved form, to be exempted from the ambit of regulation 36. (2) An election under subregulation (1) will take effect from a date determined by the Board. (3) Subject to subregulation (4), a member employed on a casual basis is exempted from the ambit of regulation 36 unless— (a) the member was entitled to a disability pension in the event of incapacity for work under section 33A of the repealed Act immediately before the repeal of that Act; or (b) not more than 3 months before commencing that casual employment, the member was engaged in employment to which the Act applies on a full-time or part-time basis (other than as a casual employee) and had an entitlement to a disability pension under this Subdivision. (4) A member who is exempted from the ambit of regulation 36 under subregulation (1) or (3) may apply to the Board to be brought within the ambit of that regulation. (11) If the Board grants an application under subregulation (4), the applicant ceases to be exempted from the ambit of regulation 36 from a date determined by the Board. 37A—Applications for income protection (1) An application under regulation 36A(4) or 37(4) or Schedule 3 must be in the approved form. (2) The applicant must provide the Board with the following information as to the state of the applicant's health: (a) information relating to medical advice, examinations or treatment received by the applicant; (b) information as to any other treatment received by the applicant for any illness, condition or disability suffered by the applicant; (c) information as to any illness, condition or disability suffered by the applicant or any symptoms suffered by the applicant that may indicate an illness, condition or disability; (d) information as to any drugs or other substances (whether legal or illegal and whether medicinal or not) taken by the applicant or to which the applicant has been exposed, and the Board may require an applicant to provide satisfactory evidence of the state of the applicant's health. (3) The cost of any medical examination to which an applicant is required to submit for the purposes of subregulation (2) is to be borne by the applicant. (4) If it appears to the Board— (a) that an applicant's state of health is such as to create a risk of incapacity for work; or (b) that an applicant has in the past engaged in a prescribed activity that increases the risk of incapacity for work; or (c) that an applicant is likely in the future to engage in an activity of a kind referred to in paragraph (b), the Board may refuse the application or grant the application on authorised conditions. (5) Consideration of an application to which subregulation (4) applies may, if the Board thinks fit, be deferred for a reasonable period. (6) A condition on which an application has been granted may be varied or removed by the Board if the Board considers it appropriate to do so following consideration of medical evidence provided by the applicant (but a condition may not be removed unless the Board is satisfied that none of the circumstances specified in subregulation (4)(a), (b) or (c) apply in relation to the applicant). (7) Subject to subregulation (8), if it appears to the Board that an applicant withheld information required in relation to the member's application under this regulation, the Board may withhold or reduce the pension to which the applicant would otherwise have been entitled. (8) If— (a) it appears to the Board that an applicant withheld information required in relation to the member's application under this regulation; and (b) the withheld information relates to a medical condition to which the applicant's incapacity for work is attributable, the Board must withhold the pension to which the applicant would otherwise have been entitled in respect of that incapacity. (9) In this regulation— authorised condition, in relation to the granting of an application under regulation 36A(4), 37(4) or Schedule 3, means— (a) a condition providing that a disability pension is not payable if the applicant's incapacity for work is caused wholly or partly by— (i) a pre‑existing illness, condition or disability; or (ii) an illness, condition or disability arising out of a pre‑existing illness, condition or disability; or (iii) a prescribed activity; or (b) a condition that a disability pension is only to be payable in respect of an incapacity for work arising from— (i) accidental causes; or (ii) an illness or condition that is not related to or associated with a medical condition of a kind specified by the Board; prescribed activity means the smoking, chewing or sucking of a tobacco product or any other activity involving the consumption of a tobacco product; tobacco product means— (a) a cigarette; or (b) a cigar; or (c) cigarette or pipe tobacco; or (d) tobacco prepared for chewing or sucking; or (e) snuff. 38—Persons not entitled to disability pension The following are not entitled to a disability pension under this Subdivision under any circumstances: (a) a spouse member, unless the spouse member is also a member of the scheme; (b) a person who is a member of the scheme solely by virtue of regulation 9(3), (5), (5a), (5b), (6), (7) or (8) or 14(1) (or any combination of these provisions); (c) a member to whom insurance benefits (or benefits of a similar kind) have been paid on account of invalidity or a terminal illness under the Act, the repealed Act, another Act that provides for the payment of benefits by the Treasurer or an administered scheme under Schedule 3 of the Superannuation Act 1988; (d) a person who is— (i) employed or engaged for a specified period of time; and (ii) remunerated solely by a fee, allowance or commission.

Subdivision 4A—Special disability pension for police officers 38A—Police disability pension (1) Pursuant to section 22(1) of the Act, but subject to this regulation, a police officer is entitled to a pension under this regulation (a police disability pension) if— (a) the officer is temporarily or permanently incapacitated for work as a result of a physical or psychological injury sustained when he or she was on duty or lawfully exercising the powers of a police officer; and (b) the injury— (i) resulted from conduct directed at the officer that constitutes a criminal offence; or (ii) occurred as a direct and immediate result of conduct that constitutes a criminal offence in the course of the officer's involvement in police operations directed at the investigation of criminal conduct, or conduct that appears to be criminal; or (iii) occurred as a direct and immediate result of conduct that constitutes a criminal offence by a person who has been apprehended or who the officer is attempting to apprehend. (2) A police disability pension— (a) is payable to a member only in relation to any period during which the member is entitled to weekly payments of workers compensation under the Return to Work Act 2014 of an amount that is less than the member's notional weekly earnings under that Act; and (b) is not payable to a member if the member was, at the time of sustaining the injury, engaged in— (i) conduct constituting a criminal offence; or (ii) conduct constituting a breach of a provision of the Code of Conduct established under Part 6 of the Police Act 1998 concerning corrupt, improper or discreditable behaviour, unless the Board is of the opinion that the conduct does not amount to serious misconduct; and (c) cannot be paid for a continuous period of more than 24 months; and (d) cannot be paid in respect of the same incapacity for an aggregate period of more than 24 months in any 1 period of 48 months. (3) For the purposes of subregulation (2)(b)— (a) a person will be regarded as having been engaged in conduct constituting a criminal offence only if he or she is found guilty of the offence under a law of this State, the Commonwealth or another State or a Territory of the Commonwealth; and (b) a person will be regarded as having been engaged in conduct constituting a breach of the Code of Conduct only if he or she is charged with the breach and— (i) admits the breach in accordance with the Police Act 1998; or (ii) is found guilty of the breach in proceedings before the Police Disciplinary Tribunal. (4) The Board may authorise the payment of a police disability pension to a police officer despite the fact that no person has been prosecuted for, or found guilty of, any offence constituted by the conduct that resulted in the officer's injury. (5) The amount of the police disability pension payable to a member in a particular period will be the difference between the amount of the weekly payments of workers compensation to which the member is entitled for that period and the member's notional weekly earnings for that period under the Return to Work Act 2014. (6) A person in receipt of a police disability pension whose employment terminates ceases to be entitled to the pension from the day immediately following the day on which the employment terminates or is taken to have been terminated. (7) If the Board is satisfied that a member in receipt of a police disability pension— (a) is not making a reasonable effort to return to work that the member has the capacity to perform; or (b) has unreasonably failed to cooperate with the Board; or (c) has acted dishonestly or otherwise in bad faith in his or her dealings with the Board, the Board may discontinue the pension (but the Board must first give the member written notice, at least 21 days before the discontinuance takes effect, of its decision to discontinue the pension). (8) A person is not entitled to receive a police disability pension while the person is in receipt of a disability pension under Subdivision 4 or section 30 of the Police Superannuation Act 1990. (9) If a person who is receiving or has received a police disability pension is paid compensation or damages from another source for the loss of income to which the pension relates (other than under the Return to Work Act 2014)— (a) the Board may, if payment of the pension has not already ceased, discontinue the pension; and (b) the Treasurer may recover from the person, as a debt, the amount of the pension paid to the person (but may not recover more than the amount of compensation or damages paid to the person from the other source). (10) A police disability pension may not be paid in relation to an injury sustained on or after the day falling 5 years after the commencement of this regulation. 38B—Members of Police Superannuation Scheme A person who is a member of the scheme solely by virtue of being entitled to a police disability pension is not entitled to make contributions under section 20(1)(a) of the Act and is not entitled to any other benefits under the Act or these regulations in his or her capacity as a member under regulation 9(5b). 38C—Administrative charges and reimbursement of Fund (1) The Board may fix administrative charges payable by South Australia Police in respect of the administration by the Board of this Subdivision. (2) An amount equivalent to any payment made to a police officer in accordance with this Subdivision is to be paid by South Australia Police to the Treasurer. (3) The Treasurer is to pay an amount equivalent to any amount— (a) received from South Australia Police under subregulation (1) or (2); or (b) recovered from a person under regulation 38A(9), into the Fund.

Subdivision 5—Payment of premiums 39—Payment of premiums by members (1) Premiums payable by a member, including the disability pension premium, will be debited against the member's accounts in accordance with regulation 16. (2) If the debiting of a premium for invalidity/death insurance under subregulation (1) would result in a debit balance in 1 or more of the member's accounts— (a) premiums will be debited against the member's accounts to the extent of any credit balance in those accounts until the insurance is cancelled under paragraph (b); and (b) the member's invalidity/death insurance is cancelled on the expiration of the designated period unless, before the end of that period, 1 or more of the member's accounts is sufficiently in credit for the purposes of this regulation. (3) If the debiting of a disability pension premium under subregulation (1) would result in a debit balance in 1 or more of the member's accounts— (a) premiums will be debited against the member's accounts to the extent of any credit balance in those accounts until the entitlement to a pension is cancelled under paragraph (b); and (b) the member's entitlement to a disability pension in the event of incapacity for work is cancelled on the expiration of the designated period unless, before the end of that period, 1 or more of the member's accounts is sufficiently in credit for the purposes of this regulation. (4) For the purposes of this regulation— (a) the designated period is a period commencing on the day on which debiting of a premium would, if it were to occur, first result in a debit balance in an account of a member and ending on a day determined by the Board; and (b) an account of a member is sufficiently in credit if there are sufficient funds in the account to satisfy any arrears in premiums between the day that the debiting of a premium would have first resulted in a debit balance in the account and the end of the designated period.

Division 3—Spouse members—death insurance 40—Application for death insurance (1) A spouse member under the age of 70 years may, if the spouse member is the spouse of a member, apply to the Board for death insurance. (2) A spouse member who is not the spouse of a member is not entitled to death insurance cover and any such cover enjoyed by a spouse member will cease if the spouse member ceases to be the spouse of a member. (3) If the Board grants an application for death insurance or for an increase or decrease in the level of death insurance, the Board must fix the date for the commencement of the insurance or of the increase or decrease in the level of the insurance. 41—Variation of death insurance Subject to regulation 42, a spouse member who has death insurance may apply to the Board to increase or decrease the level of the insurance. 42—Amount of death insurance benefits and amount of premiums (1) There will be 2 classes of death insurance: (a) standard insurance cover under the Table in Schedule 2 where the value of a unit of cover, as designated in column 2, is determined on the basis of the spouse member's age; (b) fixed benefit insurance cover where the value of a unit of cover is fixed at $10 000 irrespective of the spouse member's age (up to age 69). (2) Insurance cover under this Division ceases in relation to a spouse member when the spouse member reaches the age of 70 years. (3) The amount of the premium payable per unit of insurance cover provided under this regulation is to be fixed by the Board on the recommendation of an actuary. (4) The Board may allow a rebate of the premium payable under this regulation in respect of death insurance cover. (5) An applicant for death insurance may apply for standard insurance cover or fixed benefit insurance cover. (6) However, a spouse member may not, at any 1 time, take out both standard and fixed benefit insurance cover. (7) The aggregate value of units of cover granted to a spouse member must not exceed $1 500 000. 43—Payment of premiums by spouse members (1) Premiums payable by a spouse member may be debited against any of the spouse member's spouse accounts. (2) If the debiting of a premium for death insurance under subregulation (1) would result in a debit balance in 1 or more of the spouse member's accounts— (a) premiums will be debited against the spouse member's accounts to the extent of any credit balance in those accounts until the insurance is cancelled under paragraph (b); and (b) the spouse member's death insurance is cancelled on the expiration of the designated period unless, before the end of that period, 1 or more of the member's accounts is sufficiently in credit for the purposes of this regulation. (3) For the purposes of this regulation— (a) the designated period is a period commencing on the day on which debiting of a premium would, if it were to occur, first result in a debit balance in an account of a spouse member and ending on a day determined by the Board; and (b) an account of a spouse member is sufficiently in credit if there are sufficient funds in the account to satisfy any arrears in premiums between the day that the debiting of a premium would have first resulted in a debit balance in the account and the end of the designated period.

Division 4—Post retirement investment and invalidity/death insurance 44—Interpretation invalidity/death insurance means invalidity/death insurance granted under this Subdivision; public sector superannuation beneficiary means a person who is a member of, or has received a benefit under, a public sector superannuation scheme (but does not include a person who has received a benefit under a public sector superannuation scheme solely by virtue of being the spouse of a member of such a scheme); public sector superannuation scheme means— (a) a scheme of superannuation established under the Act or under another Act; or (b) Super SA Select; or (c) another scheme of superannuation established for the benefit of employees of an agency or instrumentality of the Crown. Subdivision 2—Post retirement investment 45—Post retirement investment (1) The Board may offer to accept money from public sector superannuation beneficiaries or the spouses of public sector superannuation beneficiaries for investment with the Superannuation Funds Management Corporation of South Australia. (2) The Board may, in relation to a particular type of investment, offer to accept money only from public sector superannuation beneficiaries, or the spouses of public sector superannuation beneficiaries, who have received a benefit under a public sector superannuation scheme. (3) An offer will be on terms and conditions determined by the Board following consultation with the Corporation about matters relevant to the terms and conditions for which the Corporation is responsible under the Superannuation Funds Management Corporation of South Australia Act 1995. (4) Money accepted by the Board under subregulation (1)— (a) will be held in a fund established by the Board for the purposes of this regulation (the assets of which do not belong to the Crown); and (b) will, subject to the terms and conditions of the offer referred to in subregulation (3), be invested by the Corporation in a manner determined by it; and (c) may, if a public sector superannuation beneficiary so requests, be invested for the benefit of the spouse of the beneficiary. (5) The Corporation may enter into transactions affecting that money— (a) for the purposes of investment; or (b) for purposes incidental, ancillary or otherwise related to investment. (6) Money that may be invested by public sector superannuation beneficiaries or their spouses under this regulation is not limited to money received by the investor from a public sector superannuation scheme. (7) The Board may deduct an administrative charge, to be fixed by the Board, from money accepted under subregulation (1). (8) The Board must, in respect of each financial year— (a) keep proper accounts of receipts and payments in relation to money accepted by it under this regulation; and (b) prepare financial statements in relation to those receipts and payments. Subdivision 3—Post retirement insurance 46—Post retirement invalidity and death insurance (1) Subject to this Subdivision, the Board may provide— (a) invalidity/death insurance to public sector superannuation beneficiaries; and (b) death insurance to public sector superannuation beneficiaries and the spouses of public sector superannuation beneficiaries. (2) Invalidity/death insurance and death insurance provided to a public sector superannuation beneficiary or the spouse of a public sector superannuation beneficiary is subject to terms and conditions set out in regulation 47. (3) A public sector superannuation beneficiary may apply for invalidity/death insurance in the form of standard insurance cover or fixed benefit insurance cover (both within the meaning of regulation 34), and the amount of invalidity/death insurance benefits, and the amount of premiums in respect of those benefits, are the amounts fixed by or under regulation 34. (4) The Board may allow a rebate of the premium payable under this Subdivision in respect of invalidity/death insurance cover. (5) A public sector superannuation beneficiary or the spouse of a public sector superannuation beneficiary may apply for death insurance in the form of standard insurance cover or fixed benefit insurance cover (both within the meaning of regulation 42), and the amount of death insurance benefits, and the amount of premiums in respect of those benefits, are the amounts fixed by or under regulation 42. (6) However, a public sector superannuation beneficiary or the spouse of a public sector superannuation beneficiary may not, at any 1 time, take out both standard insurance cover and fixed benefit insurance cover (whether under subregulation (3) or (5)). 47—Terms and conditions (1) A public sector superannuation beneficiary may be provided with invalidity/death insurance or death insurance if, and only if, the beneficiary— (a) is under the age of 70 years; and (b) has an investment of money with the Superannuation Funds Management Corporation of South Australia under regulation 45. (2) The spouse of a public sector superannuation beneficiary may be provided with death insurance if, and only if, the spouse— (a) is under the age of 70 years; and (b) has an investment of money with the Superannuation Funds Management Corporation of South Australia under regulation 45. (3) Premiums will be debited against the insured's investment account. (4) If the debiting of a premium under subregulation (3) would result in a debit balance in the account— (a) the premium will be debited against the account to the extent of the credit balance in the account; and (b) the insurance is cancelled on the expiration of the designated period unless, before the end of that period, the insured's investment account is sufficiently in credit for the purposes of this subregulation. (5) For the purposes of subregulation (4)— (a) the designated period is a period commencing on the day on which debiting of a premium would, if it were to occur, first result in a debit balance in an insured's investment account and ending on a day determined by the Board; and (b) an investment account is sufficiently in credit if there are sufficient funds in the account to satisfy any arrears in premiums between the day that the debiting of a premium would have first resulted in a debit balance in the account and the end of the designated period. (6) Insurance ceases on payment to the insured of the insured's investment under regulation 45. (7) Death insurance cover provided to the spouse of a public sector superannuation beneficiary is not affected by payment to the public sector superannuation beneficiary of the beneficiary's investment under regulation 45. (8) The following provisions apply to a public sector superannuation beneficiary who has, within 60 days of ceasing to be engaged in employment to which the Act applies, invested money with the Superannuation Funds Management Corporation of South Australia under regulation 45 and made application to the Board for the continuation of the beneficiary's invalidity/death insurance: (a) the beneficiary is, on making the application, covered, and taken to have been covered since ceasing to be engaged in employment to which the Act applies, by the invalidity/death insurance that applied to the beneficiary at the time of that cessation, subject to the same terms, conditions and restrictions; (b) regulation 49— (i) does not apply to an application under paragraph (a); but (ii) applies to any application by the beneficiary to increase the level of the beneficiary's invalidity/death insurance cover. (9) The following provisions apply to the spouse of a public sector superannuation beneficiary who has, within 60 days of becoming entitled to a benefit under regulation 63, invested money with the Superannuation Funds Management Corporation of South Australia under regulation 45 and made application to the Board for the continuation of the spouse's death insurance: (a) the spouse is, on making the application, covered, and taken to have been covered since becoming entitled to a benefit under regulation 63, by the death insurance that applied to the spouse at the time the entitlement arose, subject to the same terms, conditions and restrictions; (b) regulation 49— (i) does not apply to an application under paragraph (a); but (ii) applies to any application by the spouse to increase the level of the spouse's death insurance cover. (10) An insurance benefit will be payable on account of invalidity if the Board is satisfied that the insured— (a) is suffering from ill health (whether physical or mental) that makes it unlikely that the insured will at any future time engage in gainful employment for which the insured is reasonably qualified by education, training or experience or for which the insured could be expected to become reasonably qualified following appropriate training or rehabilitation; and (b) is receiving treatment from a medical practitioner in respect of the ill health and is following the advice of the practitioner. (11) However, an insured is not entitled to payment of a benefit on account of invalidity— (a) if— (i) the insured ceased to be engaged in employment to which the Act applies as a condition of a voluntary separation package; and (ii) the insured's incapacity for work was known to the insured at the time of ceasing to be engaged in that employment; and (b) unless the insured has engaged in employment for an average of 9 or more hours per week in any 6 month period in the 2 year period prior to making a claim in respect of the invalidity. (12) An invalidity insurance benefit will also be payable if the Board is satisfied that the insured is suffering from a terminal illness. (13) Death benefits payable in respect of a deceased insured will be paid as follows: (a) if the deceased has a legal personal representative—the benefits will be paid to the representative; (b) if the deceased does not have a legal personal representative but is survived by a spouse—the benefits will be paid to the spouse; (c) if the deceased does not have a legal personal representative and is not survived by a spouse—the benefits will be paid to the deceased's estate. (14) If an insured takes the insured's own life— (a) within 1 year after the commencement of the insured's insurance under this regulation; or (b) within 1 year after the commencement of, or increase in the level of, insurance, (c) if death occurs within 1 year after the commencement of the insurance—death insurance benefits are not payable; (d) if death occurs within 1 year after an increase in the level of insurance—death insurance benefits are not payable in respect of the increased insurance. (15) Subregulation (14) does not apply to— (a) a beneficiary who becomes insured under this regulation by virtue of subregulation (8)(a); or (b) a spouse who becomes insured under this regulation by virtue of subregulation (9)(a). (16) However, if a beneficiary referred to in subregulation (15)(a) takes the beneficiary's own life— (a) within 1 year after the commencement of the beneficiary's membership of the scheme; or (b) within 1 year after the commencement of, or increase in the level of, additional invalidity/death insurance that was held by the beneficiary as a member of the scheme, (c) if death occurs within 1 year after the commencement of membership of the scheme or commencement of additional invalidity/death insurance—death insurance benefits are not payable; (d) if death occurs within 1 year after an increase in the level of additional invalidity/death insurance—death insurance benefits are not payable in respect of the increased insurance. (17) The aggregate value of units of cover provided to a person under regulation 46 and any other provision of the Act or these regulations must not exceed $1 500 000. (18) In this regulation— voluntary separation package means an agreement between a member and the member's employer pursuant to which the member resigns from employment, but does not include an agreement pursuant to which a member resigns from employment in connection with an agreement for the redemption of a liability to make weekly payments or provide compensation for medical expenses under the Return to Work Act 2014 or under an industrial agreement or award applying to the member.

Division 5—General 49—Application for insurance (1) An application for invalidity/death or death insurance under this Part, including an application to increase the level of the applicant's insurance, must be in the approved form and must specify the invalidity or death insurance that the applicant is applying for. (2) An applicant must provide the Board with the following information as to the state of the applicant's health: (a) information relating to medical advice, examination or treatment received by the applicant; (b) information as to any other treatment received by the applicant for any illness, condition or disability suffered by the applicant; (c) information as to any illness, condition or disability suffered by the applicant or any symptoms suffered by the applicant that may indicate an illness, condition or disability; (d) information as to any drugs or other substances (whether legal or illegal and whether medicinal or not) taken by the applicant or to which the applicant has been exposed, and the Board may require an applicant to provide satisfactory evidence of the state of the applicant's health. (3) The cost of any medical examination to which an applicant is required to submit for the purposes of subregulation (2) is to be borne by the applicant. (4) If it appears to the Board— (a) that an applicant's state of health is such as to create a risk of invalidity or premature death; or (b) that an applicant has in the past engaged in a prescribed activity that increases the risk of invalidity or premature death; or (c) that an applicant is likely in the future to engage in an activity of a kind referred to in paragraph (b), the Board may refuse the application or grant the application on authorised conditions. (4a) Consideration of an application to which subregulation (4) applies may, if the Board thinks fit, be deferred for a reasonable period. (5) A condition on which an application has been granted (whether under the repealed Act or these regulations) may be varied or removed by the Board if the Board considers it appropriate to do so following consideration of medical evidence provided by the applicant (but a condition may not be removed unless the Board is satisfied that none of the circumstances specified in subregulation (4)(a), (b) or (c) apply in relation to the applicant). (6) Subject to subregulation (7), if it appears to the Board that an applicant withheld information required in relation to his or her application under this regulation, the Board may withhold or reduce insurance benefits that the applicant would otherwise have been entitled to. (a) it appears to the Board that an applicant withheld information required in relation to his or her application under this regulation; and (b) the withheld information relates to an illness, condition or disability suffered by the applicant that caused or is connected with the applicant's invalidity or death, the Board must withhold insurance benefits that the applicant or another person would otherwise have been entitled to in respect of that invalidity or death. (8) In this regulation— authorised condition, in relation to invalidity/death insurance or death insurance in respect of a person, means— (a) a condition providing that insurance is not payable if the person's invalidity or death is caused wholly or partly by— (i) a pre‑existing illness, condition or disability; or (ii) an illness, condition or disability arising out of a pre‑existing illness, condition or disability; or (iii) a prescribed activity; or (b) a condition that insurance cover is to be provided only in respect of incapacity or death arising from— (i) accidental causes; or (ii) an illness or condition that is not related to or associated with a medical condition of a kind specified by the Board; prescribed activity means the smoking, chewing or sucking of a tobacco product or any other activity involving the consumption of a tobacco product; tobacco product means— (a) a cigarette; or (b) a cigar; or (c) cigarette or pipe tobacco; or (d) tobacco prepared for chewing or sucking; or (e) snuff. 50—Application to decrease level of insurance An application to decrease the level of the applicant's insurance must be in the approved form. 51—Financial statements Pursuant to section 15(2) of the Act, financial statements prepared by the Board as required by that section must set out the aggregate of the amounts debited against contribution accounts and spouse accounts in respect of premiums for insurance.