Where—
A is the amount
S is—
(a) if the member—
(i) held the rank of senior sergeant or a lower rank immediately before termination of his or her employment; and
(ii) was at any time during his or her membership of South Australia Police rostered to work on day, afternoon and night shifts, or on any 2 of those shifts, on a rotating basis; and
(iii) was not, immediately before termination of his or her employment, employed on a permanent basis on special duties at a salary level greater than that payable to a senior sergeant,
the member's actual or attributed salary as defined by the Police Superannuation Act 1990 (expressed as an annual amount) increased by 10%;
(b) in any other case—the member's actual or attributed salary as defined by the Police Superannuation Act 1990 (expressed as an annual amount).
(9) When determining for the purposes of subregulation (8) whether a member is entitled to benefits under subregulation (1) or to a payment under subregulation (8)—
(a) the rollover component (if any) and the co‑contribution component (if any) will be disregarded (the member is entitled to payment of the rollover component and the co‑contribution component in addition to a payment under subregulation (8)); and
(b) if the member is a Super SA Select member—the member will be taken to be entitled to benefits under subregulation (1) equal in value to the total amount of—
(i) the employee component (if any); and
(ii) the employer component (if any); and
(iii) any default invalidity insurance benefit and additional invalidity insurance benefit to which the member is entitled under that subregulation; and
(iv) the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions (including any amount rolled over to Super SA Select from the Triple S scheme that is attributable to employee contributions or employer contributions); and
(c) if an amount standing to the credit of the member's employer contribution account or employee contribution account has been transferred to another complying fund under section 21B of the Act or taken as a cash withdrawal under regulation 59A, that amount will nevertheless be taken, for the purposes of determining benefits payable under subregulation (1), to have accumulated in the account as if the transfer or withdrawal had not been made; and
(d) in the case of a Super SA Select member—if an amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions has been transferred to another complying fund, or an amount has been paid to the member in cash prior to the termination of their employment, that amount will nevertheless be taken, for the purposes of paragraph (b)(iv), to have accumulated in the account as if the transfer or payment had not been made.
(9aa) If a member is entitled to a payment under subregulation (8), and—
(a) an amount standing to the credit of the member's employer contribution account or employee contribution account has been transferred to another complying fund under section 21B of the Act; or
(b) the member has taken an amount as a cash withdrawal under regulation 59A; or
(c) if the member is a Super SA Select member—an amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions has been transferred to another complying fund,
the payment is to be reduced by the amount that would have accumulated in the relevant account if the transfer or withdrawal had not been made.
(9a) If a Super SA Select member is entitled to a payment under subregulation (8), the payment is to be reduced by the amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions (including any amount rolled over to Super SA Select from the Triple S scheme that is attributable to employee contributions or employer contributions).
(10) Subregulation (8) does not apply to a police officer who is a member of the scheme by virtue only of regulation 9(5) or (7) (or both).
(11) A member's employment will be taken to have terminated on account of invalidity if—
(a) —
(i) the member's employer notifies the Board (before termination of employment) that the member's employment is to be terminated by the employer—
(A) on the ground of the member's invalidity; or
(B) on account of the unsatisfactory performance by the member of the member's duties (including the member's failure to meet performance standards) caused by the member's incapacity; and
(ii) the member's employment is subsequently terminated by the employer and notice of the termination has been given to the Board; or
(b) the member's employer terminates the employment—
(i) on the ground of the member's invalidity; or
(ii) when the member is totally or partially incapacitated for work in the member's present position—
(A) in circumstances that would, but for this subregulation, constitute retrenchment of the member; or
(B) on account of the unsatisfactory performance by the member of the member's duties (including the member's failure to meet performance standards) caused by the member's incapacity; or
(c) —
(i) the member's employer or the member satisfies the Board (before termination of employment) that the member is suffering from ill health (whether physical or mental) that prevents the member from engaging in gainful employment for which the member is reasonably qualified by education, training or experience; and
(ii) the member resigns from employment and notice of the resignation has been given to the Board; or
(d) —
(i) the member's employment is terminated by the member for any reason that is caused by or is the direct result of the member's incapacity; and
(ii) the Board is satisfied that the member has, since the member's employment was terminated, and for a period of at least 6 months, suffered from ill health (whether physical or mental) that prevented the member from engaging in gainful employment for which the member is reasonably qualified by education, training or experience; or
(e) an entitlement of the member to receive weekly payments of workers compensation under the Return to Work Act 2014 in respect of the incapacity to which the member's invalidity is attributable is redeemed under section 53 of that Act in connection with termination of the member's employment; or
(f) —
(i) the member's employment pursuant to a fixed term contract is to be terminated due to the expiry of the contract; and
(ii) the Board is satisfied that the member suffers from ill health (whether physical or mental) that prevents the member from engaging in gainful employment for which the member is reasonably qualified by education, training or experience; and
(iii) the member's employment is subsequently terminated and notice of the termination has been given to the Board; or
(g) —
(i) the member's employment pursuant to a fixed term contract has terminated due to the expiry of the contract; and
(ii) the Board is satisfied that the member has, since the member's employment was terminated, and for a period of at least 6 months, suffered from ill health (whether physical or mental), attributable to a medical condition existing before the expiry of the contract, that prevented the member from engaging in gainful employment for which the member was reasonably qualified by education, training or experience.
(12) A member who claims to be entitled to benefits under this regulation, or a person acting on the member's behalf, must give written notice of the claim to the Board not more than 2 years after the termination of the member's employment.
(13) Notice of a claim may be given, and considered by the Board, before a member's employment is terminated if the member reasonably believes that the member's employment is to be terminated in circumstances that will give rise to an entitlement to benefits under subregulation (11).
(16a) This regulation does not apply in relation to a public sector superannuation beneficiary (within the meaning of Part 3 Division 4) who has invalidity/death insurance cover by virtue of regulation 47(8)(a) (or regulation 48(7)(a) as in force immediately before the commencement of the Southern State Superannuation (Insurance) Variation Regulations 2017).
(17) 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.
59—Death of member
(1) If a member's employment is terminated by the member's death—
(a) if the deceased member has a legal personal representative—a payment will be made to the representative; and
(b) if the deceased member does not have a legal personal representative but is survived by a spouse—a payment will be made to the spouse; and
(c) if the deceased member does not have a legal personal representative and is not survived by a spouse—a payment will be made to the member's estate.
(2) The amount of the payment under subregulation (1)(a), (b) or (c) is the aggregate of the following amounts:
(a) the employee component;
(b) the employer component;
(c) the rollover component (if any);
(d) the co‑contribution component (if any);
(e) subject to this regulation, regulation 28(4) and regulation 49(6) and (7)—the default death insurance benefit and the additional death insurance benefit (if any).
(3) However, a surviving spouse will not be entitled to a benefit under this regulation if regulation 69 applies to the spouse.
(4) The default and additional death insurance benefits are not payable in respect of—
(a) the death of a member that occurs within 6 months of the commencement of their membership of the scheme if the death is attributable to a medical condition existing before that commencement; or
(b) the death of a member in relation to whom regulation 9(1)(a) has ceased to apply if—
(i) the member became entitled to death insurance on regulation 9(1)(a) ceasing to apply; and
(ii) the death is attributable to a medical condition existing before the day on which regulation 9(1)(a) ceased to apply,
unless the member has, after regulation 9(1)(a) has ceased to apply, been engaged in work in respect of employment to which the Act applies for a period that exceeds 12 months.
(5) Subject to subregulation (6), if a member takes his or her life—
(a) within 1 year after the commencement of his or her membership of the scheme; or
(b) within 1 year after the commencement of, or increase in the level of, additional invalidity/death insurance,
(c) if death occurs within 1 year after the commencement of membership of the scheme or commencement of additional invalidity/death insurance—neither default nor additional death insurance benefits are payable;
(d) if death occurs within 1 year after an increase in the level of additional invalidity/death insurance—additional death insurance benefits are not payable in respect of the increased insurance.
(5a) If a member becomes entitled to default invalidity/death insurance after—
(a) regulation 9(1)(a) ceases to apply to the member; or
(b) giving a direction under section 21G of the Act; or
(c) making a fund selection to Super SA Select under section 21C(5) of the Act; or
(d) varying a fund selection under section 21C(7) of the Act so as to select Super SA Select; or
(e) the member's employer contributions are redirected to the Triple S scheme by virtue of the operation of section 21F of the Act,
subregulation (5) applies to the member as if their membership of the scheme commences when the entitlement first arises.
(6) Subregulation (5)(c) does not apply in relation to a member who was a member of the State Scheme or any other scheme of superannuation established for the benefit of the employees of an agency or instrumentality of the Crown immediately before becoming a member of the Triple S scheme if his or her death occurred on or after the first anniversary of the commencement of his or her membership of the State Scheme or other scheme.
(a) the member was, immediately before his or her death, a police officer; and
(b) the member died from injuries received in the course of duty,
the member's legal personal representative, spouse or estate (as the case may be) is entitled to benefits under subregulation (2) or to payment of an amount calculated as follows, whichever is the greater:
Where—
A is the amount
S is—
(a) if the member—
(i) held the rank of senior sergeant or a lower rank immediately before his or her death; and
(ii) was at any time during his or her membership of South Australia Police rostered to work on day, afternoon and night shifts, or on any two of those shifts, on a rotating basis; and
(iii) was not, immediately before his or her death, employed on a permanent basis on special duties at a salary level greater than that payable to a senior sergeant,
the member's actual or attributed salary as defined by the Police Superannuation Act 1990 (expressed as an annual amount) increased by 10%;
(b) in any other case—the member's actual or attributed salary as defined by the Police Superannuation Act 1990 (expressed as an annual amount).
(8) When determining for the purposes of subregulation (7) whether a member's legal personal representative, spouse or estate is entitled to benefits under subregulation (2) or to a payment under subregulation (7)—
(a) the rollover component (if any) and the co‑contribution component (if any) will be disregarded (the legal personal representative, spouse or estate is entitled to payment of the rollover component and the co‑contribution component in addition to a payment under subregulation (7)); and
(b) if the member was a Super SA Select member—the member's legal personal representative, spouse or estate will be taken to be entitled to benefits under subregulation (2) equal in value to the total amount of—
(i) the employee component (if any); and
(ii) the employer component (if any); and
(iii) any default death insurance benefit and additional death insurance benefit to which the legal personal representative, spouse or estate is entitled under that subregulation; and
(iv) the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions (including any amount rolled over to Super SA Select from the Triple S scheme that is attributable to employee contributions or employer contributions); and
(c) if an amount standing to the credit of the member's employer contribution account or employee contribution account has been transferred to another complying fund under section 21B of the Act, or taken as a cash withdrawal under regulation 59A, that amount will nevertheless be taken, for the purposes of determining benefits payable under subregulation (2), to have accumulated in the employee account or employer account as if the transfer or withdrawal had not been made; and
(d) in the case of a Super SA Select member—if an amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions has been transferred to another complying fund, or an amount has been paid to the member in cash prior to the termination of their employment, that amount will nevertheless be taken, for the purposes of paragraph (b)(iv), to have accumulated in the account as if the transfer or payment had not been made.
(8aa) If the member's legal personal representative, spouse or estate (as the case may be) is entitled to a payment under subregulation (7), and—
(a) an amount standing to the credit of the member's employer contribution account or employee contribution account has been transferred to another complying fund under section 21B of the Act; or
(b) the member has taken an amount as a cash withdrawal under regulation 59A; or
(c) if the member is a Super SA Select member—an amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions has been transferred to another complying fund,
the payment is to be reduced by the amount that would have accumulated in the relevant account if the transfer or withdrawal had not occurred.
(8a) If the legal personal representative, spouse or estate of a member who was a Super SA Select member is entitled to a payment under subregulation (7), the payment is to be reduced by the amount of the component of the account maintained by Super SA Select on behalf of the member attributable to employee contributions and employer contributions (including any amount rolled over to Super SA Select from the Triple S scheme that is attributable to employee contributions or employer contributions).
(9) Subregulation (7) does not apply to a police officer who is a member of the scheme by virtue only of regulation 9(5) or (7) (or both).
(10) If a benefit is payable to the legal personal representative or estate of a deceased member and probate or letters of administration in relation to the deceased's estate have not been granted to any person, the Board may use the amount payable under this regulation, or such part of it as is required, to pay the funeral expenses of the deceased member or to reimburse a person who has paid those expenses.
(11) If—
(a) a member's employment terminates or is terminated for any reason (except the member's death); and
(b) the member dies within 1 month after the termination of his or her employment,
the member's legal personal representative, spouse or estate is entitled to the default death insurance benefit and the additional death insurance benefit (if any) that the representative, spouse or estate would have been entitled to if the member's employment had been terminated by the member's death.
59A—Special benefit for members aged 65 or over
(1) A member who has reached the age of 65 years may apply to the Board for the payment of a specified proportion of the balance of the member's eligible contribution accounts.
(2) The Board may—
(a) require that an application under this regulation be made in such manner, and comply with such requirements, as the Board thinks fit; and
(b) fix a maximum number of payments that may be made to a member under this regulation in a financial year; and
(c) determine the eligible contribution account or accounts of a member from which a payment is to be made to the member under this regulation.
(3) The amount of a payment made to a member under this regulation may not be less than the applicable minimum withdrawal amount for the member.
(4) The combined balance of accounts maintained by the Board on behalf of a member to whom a payment has been made under this regulation must be equal to, or greater than, the applicable minimum balance amount for the member.
(5) For the purposes of subregulations (3) and (4), the applicable minimum withdrawal amount and the applicable minimum balance amount for a member are minimum amounts determined by the Board.
(6) The Board may, for the purposes of subregulation (5), determine that different minimum amounts apply to different members or classes of member.
(7) The making of a payment under this regulation must take into account the operation of any provision under Part 5.
(8) Amounts standing to the credit of a member's eligible contribution accounts cannot be withdrawn under this regulation if—
(a) the member is prevented from dealing with their superannuation interests by an instrument in force under the Family Law Act 1975 of the Commonwealth; or
(b) the member has a liability that arose under the Act.
(9) However, the Board may determine to permit a member to withdraw amounts standing to the credit of the member's eligible contribution accounts despite the member having a liability that arose under the Act if the Board is satisfied that the liability will be discharged in full.
(10) For the purposes of Schedule 1 clause 12(2) of the Act, if amounts standing to the credit of 1 or more of a member's eligible contribution accounts have been withdrawn under this regulation, the benefits to which the member would be entitled on retirement under these regulations are to be determined as if no such withdrawal had occurred.
(11) In this regulation—
eligible contribution accounts of a member means the member's—
(a) employee contribution account; and
(b) employer contribution account; and
(c) rollover account; and
(d) co-contribution account.
60—Commutation to pay deferred superannuation contributions surcharge
(1) A member who is liable for a deferred superannuation contributions surcharge as a result of a benefit becoming payable to the member may apply to the Board, in accordance with this regulation—
(a) to receive part of the benefit in the form of a commutable pension; and
(b) to fully commute the pension.
(2) A member who has become entitled to a benefit, or will shortly become entitled to a benefit, may—
(a) estimate the amount of the surcharge the member will become liable to pay (the estimated surcharge amount); and
(b) request the Board, in the approved form, to—
(i) withhold from the member's benefit an amount equal to the estimated surcharge amount (the withheld amount); and
(ii) pay the balance of the benefit to the member (being, in the case of a benefit to which the member is yet to become entitled, a payment after the entitlement arises),
and the Board must, subject to subregulation (5), comply with the member's request.
(3) If a member has made a request under subregulation (2)(b), the member must, before the expiration of 2 months following the issue of a surcharge notice in respect of the member, advise the Board in the approved form that the notice has been issued and the Board must, within 7 days of receiving that advice—
(i) if the amount of the surcharge payable by the member is less than the withheld amount—a portion of the withheld amount equal to the amount payable; or
(b) immediately after converting the withheld amount, or a portion of the withheld amount, into a pension under paragraph (a)—commute the pension; and
(c) pay to the member—
(4) If a member who has become entitled to a benefit but has not yet received a surcharge notice provides the Board with satisfactory evidence of the amount of the surcharge he or she will become liable to pay (the surcharge amount) and requests the Board, in the approved form, to apply, or facilitate the application of, an amount of the member's benefit in payment of the surcharge, the Board must, within 7 days of the request—
(a) convert into a pension an amount of the member's benefit that is equal to the surcharge amount; and
(b) immediately after converting the amount into a pension under paragraph (a)—commute the pension; and
(c) pay the lump sum resulting from the commutation to the member or the Commissioner of Taxation (at the option of the member); and
(d) following payment under paragraph (c)—reduce the member's remaining benefits by an amount equal to the surcharge amount.
(5) The Board may reject an application under subregulation (1) if—
(a) it is not satisfied that, if the application were accepted, the resulting lump sum will be applied in payment of the surcharge; or
(b) the member fails to satisfy the Board that the member has, or will have, a surcharge liability to the Commissioner of Taxation.
(6) The factors to be applied in—
(a) the conversion of a withheld amount (or part of a withheld amount) into a pension; and
(b) the commutation of a pension,
will be determined by the Treasurer on the recommendation of an actuary.
61—Commutation to pay deferred superannuation contributions surcharge following death
(1) If a member who is liable for a deferred superannuation contributions surcharge dies—
(a) having made a request of the Board under regulation 60 for part of his or her benefit to be withheld but before receiving a surcharge notice; or
(b) having received a surcharge notice but before requesting commutation of his or her pension under regulation 60,
the member's spouse or legal representative may, if he or she is entitled to be paid a benefit on the death of the member, before the expiration of the period of 2 months immediately following the member's death or the issue of the surcharge notice (whichever is the later), apply to the Board—
(c) to receive the amount withheld by the Board on behalf of the deceased member under regulation 60 in the form of a commutable pension; and
(d) to fully commute the pension.
(2) The Board must, on receipt of an application under subregulation (1)—
(i) if the amount of the surcharge payable is less than the withheld amount—a portion of the withheld amount equal to the amount payable; or
(b) immediately after converting the withheld amount, or a portion of the withheld amount, into a pension under paragraph (a)—commute the pension; and
(c) pay to the spouse or representative—
(3) If a member dies without having made a request under regulation 60, the member's spouse or legal representative may, if he or she is entitled to be paid a benefit on the death of the prescribed member—
(a) estimate the amount of the surcharge the spouse or representative will become liable to pay (the estimated surcharge amount); and
(b) request the Board, in the approved form, to—
(i) withhold from the benefit an amount equal to the estimated surcharge amount (the withheld amount); and
(ii) pay the balance of the benefit to the spouse or representative,
and the Board must, subject to subregulation (6), comply with the request.
(4) An application under subregulation (3) must be made in writing to the Board before payment of the benefit to the spouse or legal representative.
(5) The spouse or legal representative must, before the expiration of 2 months following the issue of a surcharge notice in respect of the member, advise the Board in the approved form that the notice has been issued and the Board must, within 7 days of receiving that advice—
(i) if the amount of the surcharge payable is less than the withheld amount—a portion of the withheld amount equal to the amount payable; or
(b) immediately after converting the withheld amount, or a portion of the withheld amount, into a pension under paragraph (a)—commute the pension; and
(c) pay to the spouse or representative—
(6) The Board may reject an application under subregulation (1) or (3) if it is not satisfied that, if the application were accepted, the resulting lump sum will be applied in payment of the surcharge or be used to reimburse the deceased member's estate, or the spouse or other person who has paid the surcharge on behalf of the estate.
(7) The factors to be applied in—
(a) the conversion of a withheld amount (or part of a withheld amount) into a pension; and
(b) the commutation of a pension,
will be determined by the Treasurer on the recommendation of an actuary.
(8) In this regulation—
legal representative, in relation to a deceased member, means a person—
(a) holding office as executor of the will of the deceased member where probate of the will has been granted or resealed in South Australia or any other State or a Territory; or
(b) holding office in South Australia or any other State or a Territory as administrator of the estate of the deceased member.
62—Withheld amount
An amount withheld under regulation 60 or 61—
(a) must be retained in the Fund; and
(b) will be adjusted from time to time by the Board, in accordance with section 13 of the Act, to reflect investment earnings on the amount; and
(c) may be paid to the member (or the member's spouse or legal representative)—
(i) in accordance with regulation 60 or 61; or
(ii) at the direction of the Board if the Board—
(A) has not, within 2 years of withholding the amount, received advice that a surcharge notice has been issued in respect of the member; or
(B) considers, at any time, there is other good reason for doing so.
62AA—Payment of certain taxes imposed by Commonwealth
(1) For the purposes of facilitating the payment of a tax imposed under the Income Tax Assessment Act 1997 of the Commonwealth, the Board may, pursuant to a release authority issued to the Board under the Taxation Administration Act 1953 of the Commonwealth in relation to a member, pay an amount on behalf of the member to the Commissioner of Taxation, or to the member, as required by and in accordance with, the requirements of the Taxation Administration Act 1953 of the Commonwealth.
(2) If the Board makes a payment to or on behalf of a member under subregulation (1), the Board must debit the amount of the payment against the member's employer contribution account or, if the credit balance of the member's employer contribution account is not sufficient to make the payment, the member's employee contribution account, rollover account or co‑contribution account.
62AAB—Excess non-concessional contributions
(1) If a release authority is issued to the Board under the Taxation Administration Act 1953 of the Commonwealth in relation to a member's excess non-concessional contributions, the Board may pay to the member any amount the Board is required to pay pursuant to the authority.
(2) If a payment is made to a member under subregulation (1), the Board must debit the amount of the payment against the member's employee contribution account or, if the credit balance of the member's employee contribution account is not sufficient to make the payment, the member's employer contribution account, rollover account or co-contribution account.
(3) In this regulation—
excess non-concessional contributions has the same meaning as in the Income Tax Assessment Act 1997 of the Commonwealth.
Subdivision 3—PSS 3 members
62A—Interpretation
(1) A reference in this Subdivision to a PSS 3 member is a reference to a PSS 3 member who has made an election to take out voluntary invalidity/death insurance under section 36 of the Parliamentary Superannuation Act 1974 and is a member of the Triple S scheme.
(2) A PSS 3 member will be taken to have retired for the purposes of this Subdivision if the member is taken to have retired (whether voluntarily or involuntarily) for the purposes of the Parliamentary Superannuation Act 1974.
62B—Retirement of PSS 3 member at or above age 55
(1) A PSS 3 member who—
(a) has retired; and
(b) has reached the age of 55 years,
is entitled to payment of the employer component of benefits.
(2) Subject to subregulation (3), a PSS 3 member who does not apply to the Board in writing for the payment of an entitlement under subregulation (1) within 3 months after retirement will be taken to have preserved the employer component and regulation 62D will apply to and in relation to it.
(3) A PSS 3 member who has retired and reached the age of 65 years must immediately be paid the employer component.
(4) This regulation does not apply to or in relation to a case involving the death of a PSS 3 member (see regulation 62F) and does not derogate from the ability of a member to apply for a benefit under regulation 62E (rather than taking a benefit under this regulation).
62C—Cessation of membership of PSS 3 member before age 55
(1) Subject to this regulation, a PSS 3 member who retires before reaching the age of 55 years may elect—
(a) to preserve the employer component; or
(b) to carry the employer component over to another superannuation fund or scheme that is a complying superannuation fund (as a preserved employer component).
(2) A PSS 3 member who does not inform the Board in writing of his or her election under subregulation (1) within 3 months after ceasing to be a member will be taken to have elected to preserve the employer component and regulation 62D will apply to and in relation to it.
(3) If the Board is of the opinion that the limitation period referred to in subregulation (2) would unfairly prejudice a member, the Board may extend the period that applies to the member.
(4) A PSS 3 member who has elected, or has been taken to have elected, to preserve his or her employer component and to whom the component has not been paid under regulation 62D, may elect to withdraw the election and to elect to carry the component over to a complying superannuation fund.
(5) If a member elects to carry the employer component to a complying superannuation fund, the following provisions apply:
(a) the member must satisfy the Board by such evidence as it may require that he or she has been admitted to membership of the fund;
(b) on being so satisfied the Board will authorise payment of the component on behalf of the member to the fund.
(6) If a PSS 3 member has ceased to be a member of the Parliament of the State and has elected to preserve the employer component but has subsequently again become a member of the Parliament, the Board may maintain separate employer contribution accounts in the name of the member.
(7) This regulation does not apply to or in relation to a case involving—
(a) a cessation of membership on the ground of invalidity (in circumstances entitling the member to a benefit under regulation 62E); or
(b) the death of a PSS 3 member (see regulation 62F).
62D—Preservation of components
If an employer component has been preserved under regulation 62B(2) or 62C, then the following provisions will apply:
(a) the Board must in relation to a component preserved under regulation 62C, not less than 6 months before the relevant member's 55th birthday (unless that period has already been reached), notify the relevant member in writing of his or her entitlement to require the Board to make a payment under paragraph (b);
(b) the relevant member may at any time after reaching 55 years of age require the Board to authorise payment of the component and, if no such requirement has been made on or before the date on which the member reaches 65 years of age, the Board will authorise payment of the component to the member;
(c) if the relevant member—
(i) has become incapacitated and satisfies the Board that the member—
(A) is suffering from ill health (whether physical or mental) that makes it unlikely that the member will at any future time engage in gainful employment for which the member is reasonably qualified by education, training or experience or for which the member 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; or
(ii) satisfies the Board that he or she is suffering from a terminal illness,
the Board will authorise payment of the component to the member;
(d) if the relevant member dies, the component will be paid—
(i) if the member has a legal personal representative—to the representative; and
(ii) if the member does not have a legal personal representative but is survived by a spouse—to the spouse; and
(iii) if the member does not have a legal personal representative and is not survived by a spouse—to the member's estate,
(and a payment under any of the above paragraphs excludes further rights so that a claim cannot be subsequently made under some other paragraph).
62E—Invalidity
(a) a PSS 3 member resigns from the Parliament of the State; and
(b) a judge is satisfied, before the resignation occurs, that ill health prevents the member from being able to carry out the duties of office to a reasonable degree,
the member is entitled to benefits made up of the following components:
(c) the employer component;
(d) subject to this regulation and regulation 49(6) and (7)—the additional invalidity insurance benefit.
(2) The additional invalidity/death insurance benefits are not payable to a member entitled to benefits under subregulation (1) if—
(a) the Board is not satisfied that, on the day on which the member resigned, the member—
(i) was suffering from ill health (whether physical or mental) that made it unlikely that the member would at any future time engage in gainful employment for which the member was reasonably qualified by education, training or experience or for which the member could be expected to become reasonably qualified following appropriate training or rehabilitation; and
(ii) was receiving treatment from a medical practitioner in respect of the ill health and is following the advice of the practitioner; or
(b) the Board is satisfied that the member has refused or failed to submit to reasonable medical treatment that, in the opinion of at least 2 medical practitioners providing advice or care to the member in relation to the medical condition to which the member's incapacity is attributable, would be likely to contribute to the member being able to carry out, to a substantial extent (whether on a full‑time or part‑time basis), the duties of office or employment for which the member is suitably qualified (whether by experience, training, or both) within 2 years of the commencement of the incapacity.
62F—Death of PSS 3 member
(1) If a PSS 3 member ceases to be a member of the Parliament of the State by reason of his or her death—
(a) if the deceased member has a legal personal representative—a payment will be made to the representative; and
(b) if the deceased member does not have a legal personal representative but is survived by a spouse—a payment will be made to the spouse; and
(c) if the deceased member does not have a legal personal representative and is not survived by a spouse—a payment will be made to the member's estate.
(2) A payment under subregulation (1)(a), (b) or (c) is to be made up of the following components:
(a) the employer component;
(b) subject to this regulation, the death insurance benefit (if any).
(3) A surviving spouse will not be entitled to a benefit under this regulation if regulation 69 applies to the spouse.
(4) If a PSS 3 member takes his or her life—
(a) within 1 year after the commencement of his or her additional invalidity/death insurance—additional death insurance benefits are not payable; or
(b) within 1 year after an increase in the level of his or her additional invalidity/death insurance—additional death insurance benefits are not payable in respect of the increased insurance.
(5) If a benefit is payable to the legal personal representative or estate of a deceased PSS 3 member and probate or letters of administration in relation to the deceased's estate have not been granted to any person, the Board may use the amount payable under this regulation, or such part of it as is required, to pay the funeral expenses of the deceased member or to reimburse a person who has paid those expenses.
(a) a PSS 3 member ceases to be a member of the Parliament of the State for any reason other than his or her death; and
(b) the member dies within 1 month after that cessation,
the member's legal personal representative, spouse or estate is entitled to the death insurance benefit (if any) that the representative, spouse or estate would have been entitled to if the member had ceased to be a member of Parliament by virtue of the member's death.
63—Benefits for spouse members
(1) Subject to this regulation, the following provisions apply in respect of an amount standing to the credit of a spouse member's spouse account:
(a) the whole of the amount may, at the option of the spouse member, be transferred to another complying fund;
(aab) subject to conditions determined by the Board, part of the amount may, at the option of the spouse member, be transferred to another complying fund;
(ab) if the spouse member—
(i) is the spouse of the relevant member; and
(ii) has attained the age of 65 years,
payment of the amount may be made to the spouse member or rolled over to some other fund or scheme approved by the Board;
(b) if—
(i) the spouse member—
(A) has reached the retirement age; and
(B) is the spouse of the relevant member; and
(ii) the employment of the relevant member has terminated or the relevant member has taken the benefit of regulation 56A,
payment of the amount may be made to the spouse member subject to restrictions (if any) imposed by the SIS Act;
(c) if—
(i) the spouse member—
(A) has not reached the retirement age; and
(B) is the spouse of the relevant member; and
(ii) the employment of the relevant member has terminated or the relevant member has taken the benefit of regulation 56A,
the amount must be preserved;
(d) if the spouse member—
(i) is not the spouse of the relevant member; and
(ii) has not reached the retirement age,
the amount must be preserved;
(e) if the spouse member—
(i) is not the spouse of the relevant member; and
(ii) has reached the retirement age,
payment of the amount may be made to the spouse member subject to restrictions (if any) imposed by the SIS Act.
If all amounts standing to the credit of a spouse member's accounts are paid to the spouse member, the spouse member's voluntary death insurance will be cancelled—see regulation 43(2).
(2) If an amount standing to the credit of a spouse member's spouse account is preserved under subregulation (1) or under section 21D(4) of the Act—
(a) the spouse member may elect to carry the amount over to some other fund or scheme approved by the Board; or
(b) subject to restrictions (if any) imposed by the SIS Act, the spouse member may at any time after reaching the retirement age require the Board to authorise payment of the amount and, if no such requirement has been made on or before the date on which the spouse member reaches 65 years of age, the Board will authorise payment of the amount to the spouse member.
(3) If the Board is satisfied that—
(a) a spouse member—
(i) is suffering from ill health (whether physical or mental) that makes it unlikely that the spouse member will at any future time engage in gainful employment for which the spouse member is reasonably qualified by education, training or experience or for which the spouse member could be expected to become reasonably qualified following appropriate training or rehabilitation; and
(ii) is receiving treatment from a medical practitioner in respect of the ill health and is following the advice of the practitioner; or
(b) a spouse member is suffering from a terminal illness,
the spouse member is entitled to benefits made up of the amount (if any) standing to the credit of each of the spouse member's spouse accounts.
(4) If a spouse member dies, the amount (if any) standing to the credit of each of the spouse member's spouse accounts, and the death insurance benefit (if any), will be paid to—
(a) if the deceased spouse member has a legal personal representative—a payment will be made to the representative; and
(b) if the deceased spouse member does not have a legal personal representative but is survived by a spouse—a payment will be made to the spouse; and
(c) if the deceased spouse member does not have a legal personal representative and is not survived by a spouse—a payment will be made to the spouse member's estate.
(5) However, a surviving spouse will not be entitled to a benefit under subregulation (4) if regulation 69 applies to the spouse.
(5a) Subregulation (4), insofar as it provides for payment of the death insurance benefit, does not apply in relation to the spouse of a public sector superannuation beneficiary (within the meaning of Part 3 Division 4) who has death insurance cover by virtue of regulation 47(9).
(6) A payment under subregulation (2), (3) or (4) excludes further rights so that a claim cannot subsequently be made under another of those subregulations.
complying fund has the same meaning as in Part 3A of the Act;
relevant member, in relation to a spouse member, means the member who, by making a prescribed payment (within the meaning of Part 2 Division 2), or a contribution under regulation 23(1), for the benefit of the spouse member, caused the spouse member to become a spouse member of the scheme.
63A—Early access to superannuation benefits in case of severe financial hardship or on compassionate grounds
(1) A spouse member may apply to the Board for the early release of an amount of the spouse member's benefit—
(a) if the spouse member is in severe financial hardship; or
(b) on a compassionate ground.
(2) The Board may require that an application under subregulation (1) be made in such manner, comply with such requirements and be on such terms and conditions as the Board thinks fit.
(3) The Board must, on receipt of an application under subregulation (1), determine whether, in the Board's opinion, if the SIS regulations applied, the spouse member would be taken for the purposes of those regulations—
(a) to be in severe financial hardship; or
(b) to satisfy a condition of release on a compassionate ground.
(4) If the Board makes a determination that subregulation (3)(a) or (b) applies to the spouse member, the Board must—
(a) determine the maximum amount that the SIS regulations would permit to be paid to the spouse member in those circumstances; and
(b) if the Board considers it appropriate to do so in all the circumstances, pay to the spouse member—
(i) the amount applied for by the spouse member; or
(ii) the amount determined by the Board under paragraph (a); or
(iii) the combined balance of the spouse member's eligible contribution accounts (subject to any minimum account balance required by the Board),
whichever is the lesser.
(5) If the Board makes a payment to a spouse member under subregulation (4)(b), the Board must debit the amount of the payment against the spouse member's contribution account or, if the credit balance of the spouse member's contribution account is not sufficient to make the payment, the spouse member's rollover account or co‑contribution account.
(6) A spouse member making an application under subregulation (1) must furnish the Board with any information that it requires for the purposes of making a determination under this regulation.
compassionate ground and condition of release have the same respective meanings as in Part 6 of the SIS regulations;
eligible contribution accounts of a spouse member means—
(a) the spouse member's contribution account; and
(b) the spouse member's rollover account; and
(c) the spouse member's co‑contribution account;
severe financial hardship has the same meaning as in Part 6 of the SIS regulations;
SIS regulations means the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth.