Part 1Preliminary

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.