Div 2Insurance and income protection

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.