M is the number of completed months between the day on which the member commenced service and the day of his or her retirement
D is—
(a) if the age of the member at retirement is less than 55—360;
(b) if the age of the member at retirement is 55 or greater but less than 60—360 plus Y;
(c) if the age of the member at retirement is 60 or greater—420
Pn8 is, for the period of the member's membership of the Police Superannuation Scheme—
(a) in the case of a member who was employed on a full‑time basis throughout his or her membership of that Scheme—1; and
(b) in any other case—the numerical value arrived at by expressing the member's employment for the period beginning on the day on which he or she became a member of that Scheme and ending on the day immediately before he or she became a member of the Triple S scheme as a proportion of full‑time employment during that period
M8 is the number of completed months between the day the member commenced service and the day immediately before the day on which he or she became a member of the Triple S scheme
PnTS is, for the period of the member's membership of the Triple S scheme—
(a) in the case of a member who was employed on a full‑time basis throughout his or her membership of that scheme—1; and
(b) in any other case—the numerical value arrived at by expressing the member's employment for the period beginning on the day on which he or she became a member of that scheme and ending on the day of his or her retirement as a proportion of full‑time employment during that period.
5—Application for disability pension
The following provisions apply in relation to any application for a disability pension made under section 33A of the repealed Act that was not determined by the Board before the repeal of that Act:
(a) the application will be taken to have been made under regulation 36;
(b) if the application was made by a person who—
(i) was not exempted from the ambit of section 33A of the repealed Act; but
(ii) is exempted from the ambit of regulation 36 by virtue of being a casual member (within the meaning of regulation 37),
the member will, for the purposes of that application, be taken to have been brought within the ambit of regulation 36 on and from the day on which these regulations come into operation.
6—Restrictions on payment of disability pension for certain members
(1) This clause applies to a member (other than a prescribed member within the meaning of Part 3) who—
(a) was not entitled to obtain a benefit in the event of incapacity for work under section 33A of the repealed Act immediately before the repeal of that Act; but
(b) would, but for this clause, be entitled to obtain a benefit in the event of incapacity for work under regulation 36 on the commencement of that regulation.
(2) Regulation 36 will operate in relation to a member to whom this clause applies on and from, but not before, 31 October 2009.
(3) However, if a member to whom this clause applies elects before 31 October 2009, by written notice to the Board, to be exempted from the ambit of regulation 36, the member will be taken to have made an election under regulation 37(1).
(4) An election under subclause (3) will take effect from 31 October 2009.
(5) A member to whom this clause applies who was employed in employment to which the Act applies for a period of at least 3 months prior to the commencement of the Act is not entitled during the relevant period to a disability pension under regulation 36 in respect of incapacity attributable to a medical condition existing before the day of that commencement.
(6) In subclause (5)—
relevant period means the 2 year period commencing on the day on which the Act comes into operation.
7—Continuation of disability pension for certain members
Regulation 36(19) does not apply in relation to a disability pension if payment of the pension commenced before the commencement of these regulations.
8—Post retirement investment
Funds held under section 47B of the repealed Act will continue as funds held under regulation 45.
9—Conditions of insurance
If an application for invalidity or death insurance under the repealed Act was granted on conditions, the conditions continue to apply in relation to the insurance under these regulations unless varied or removed by the Board under regulation 49(5).
Part 2—Transitional provisions operating from commencement of Southern State Superannuation (Insurance) Variation Regulations 2017
Division 1—Interpretation
10—Interpretation
In this Part—
authorised condition has the same meaning as in regulation 49;
commencement day means the day on which the Southern State Superannuation (Insurance) Variation Regulations 2017 come into operation.
11—Application of Part
This Part applies to a member of the scheme who was a member immediately before the commencement day.
Division 2—Invalidity/death insurance
Subdivision 1—General
12—Application of Schedule
(1) Schedules 1 and 2, as inserted by the Southern State Superannuation (Insurance) Variation Regulations 2017, apply on and from the commencement day for the purposes of determining the value of units of standard insurance cover (including in relation to insurance held before the commencement day).
(2) The premium payable in respect of those units of insurance cover is the applicable premium determined by the Board for the purposes of regulation 34 or 42 (as inserted by the Southern State Superannuation (Insurance) Variation Regulations 2017).
Subdivision 2—Members
13—Continuation of basic invalidity/death insurance held by members before commencement day
(1) Basic invalidity/death insurance held by a member to whom this Part applies immediately before the commencement day will, subject to regulation 35, continue to be held by the member as default invalidity/death insurance.
(2) Subject to regulation 35, default invalidity/death insurance held by a member to whom this Part applies will, on and from the commencement day, include additional units of insurance necessary to ensure that the default invalidity/death insurance held by the member is equivalent to 3 units of standard insurance cover.
(3) However, if a member to whom this Part applies notifies the Board in the approved form, not more than 1 month after the commencement day (or within such longer period following the commencement day as the Board considers fair in a particular case), that the member does not wish to increase the level of the member's default invalidity/death insurance above the level of basic invalidity/death insurance held by the member immediately before the commencement day, the member ceases to be entitled to (and no premiums may be charged in respect of) additional units of default invalidity/death insurance as specified in subclause (2).
(4) Subject to regulation 35—
(a) if, immediately before the commencement day, a member to whom this Part applies (other than a prescribed member) holds 3 or more units of standard invalidity/death insurance, at least 3 of those units (which must be comprised of units that have been held by the member for the longest period) are to be held by the member, on and from the commencement day, without authorised conditions, regardless of the state of the member's health; and
(b) if, immediately before the commencement day, a member to whom this Part applies (other than a prescribed member) holds 1 or 2 units of standard invalidity/death insurance or standard death insurance, those units are to be held by the member, on and from the commencement day, without authorised conditions, regardless of the state of the member's health; and
(c) if, immediately before the commencement day, a prescribed member to whom this Part applies holds 6 or more units of standard invalidity/death insurance, at least 6 of those units are to be held by the member, on and from the commencement day, without authorised conditions, regardless of the state of the member's health.
(5) Subclause (4) does not apply in relation to a member who is not entitled to default invalidity/death insurance under these regulations.
(a) a member to whom this Part applies is, immediately before the commencement day, a permanent employee who was formerly employed in employment to which the Act applies on a casual basis; and
(b) the member's basic invalidity/death insurance was suspended under regulation 35 while the member was employed on that basis; and
(c) the member has not, since becoming a permanent employee, paid a premium in respect of invalidity/death insurance,
(d) the suspension of the member's insurance will be taken to have continued until immediately before the commencement day;
(e) subject to regulation 35 and paragraph (f), the member will, on and from the commencement day, hold default invalidity/death insurance equivalent to 3 units of standard insurance cover;
(f) if the member notifies the Board in the approved form, not more than 1 month after the commencement day (or within such longer period following the commencement day as the Board considers fair in a particular case), that the member does not wish to hold the default invalidity/death insurance to which the member is entitled under paragraph (e), the member ceases to be entitled to (and no premiums may be charged in respect of) that insurance.
(10) This clause does not apply in relation to a member who holds fixed insurance cover immediately before the commencement day.
See clause 23.
14—Continuation of voluntary invalidity/death insurance held by members before commencement day
Voluntary invalidity/death insurance held by a member to whom this Part applies immediately before the commencement day will, subject to clause 13 and regulation 35, continue to be held by the member as additional invalidity/death insurance (and any authorised conditions that applied to the member's voluntary invalidity/death insurance immediately before the commencement day will continue to apply).
15—Eligibility for invalidity benefits (members)
(1) For the purposes of determining whether a member to whom this Part applies is entitled to invalidity insurance benefits under regulation 58(1)(a) in respect of termination of the member's employment on account of invalidity where the termination occurred before the commencement day, the following is to be substituted for paragraph (a) of subregulation (2) of that regulation:
(a) the Board is not satisfied that, on the day on which the member's employment is terminated, the member's incapacity for all kinds of work was 60% or more of total incapacity and was likely to be permanent; or
(2) Subregulations (11), (12), (12a) and (13) of regulation 58 as in force immediately before the commencement day continue to apply for the purposes of determining whether a member to whom this Part applies is entitled to invalidity insurance benefits under regulation 58(1)(a) in respect of termination of the member's employment on account of invalidity where the termination occurred before that day (and, accordingly, subregulation (11) of regulation 58 as inserted by the Southern State Superannuation (Insurance) Variation Regulations 2017 does not apply).
(3) For the purposes of determining whether a PSS 3 member is entitled to invalidity insurance benefits under regulation 62E(1)(d) in respect of resignation from the Parliament of the State on account of invalidity where the resignation occurred before the commencement day, the following is to be substituted for paragraph (a) of subregulation (2) of that regulation:
(a) the Board is not satisfied that, on the day on which the member resigned from the Parliament, the member's incapacity for all kinds of work was 60% or more of total incapacity and was likely to be permanent; or
16—Application of earlier transitional provisions in relation to certain members
(1) Clause 2 of this Schedule will cease to apply to a member on and from the commencement day.
(2) On and from the commencement day, the insurance entitlements of a member to whom clause 2 of this Schedule applied immediately before the commencement day will be as set out in Part 3 of these regulations and the other provisions of this Schedule.
17—Visiting medical officers
(1) Clause 3 of this Schedule will cease to apply to a transferred visiting medical officer (within the meaning of that clause) on and from the commencement day.
(2) A transferred visiting medical officer to whom clause 3 applied is, on and from the commencement day, entitled, without being required to undergo a medical examination, to maintain the insurance cover that the officer enjoyed under clause 3 immediately before the commencement day.
(3) Accordingly, the insurance entitlements of a transferred visiting medical officer will, on and from the commencement day, be as set out in Part 3 of these regulations and the other provisions of this Schedule, subject to the following:
(a) if a transferred visiting medical officer held VMO standard insurance cover under clause 3 immediately before the commencement day, the officer will cease to hold that cover but will instead hold standard insurance cover of the same value as the cover held by the officer under clause 3;
(b) if a transferred visiting medical officer held VMO fixed insurance cover under clause 3 immediately before the commencement day, the officer will cease to hold that cover but will instead hold fixed benefit insurance cover of the same value as the fixed insurance cover held by the officer under clause 3;
(c) if, on the commencement day, a transferred visiting medical officer holds 3 or more units of standard invalidity/death insurance cover (or an amount of fixed benefit invalidity/death insurance cover that is equivalent to 3 or more units of standard invalidity/death insurance cover), 3 of those units (or an amount equivalent to 3 units of standard invalidity/death insurance cover) are to be held by the officer as default invalidity/death insurance (and, accordingly, no authorised conditions will apply to those units);
(d) if, on the commencement day, a transferred visiting medical officer holds more than 3 units of standard invalidity/death insurance cover (or an amount of fixed benefit invalidity/death insurance cover that is equivalent to more than 3 units of standard invalidity/death insurance cover), those additional units are to be held by the officer as additional invalidity/death insurance;
(e) if, on the commencement day, a transferred visiting medical officer would, but for this paragraph, hold only 1 or 2 units of standard invalidity/death insurance (or an amount of fixed benefit invalidity/death insurance that is equivalent to 1 or 2 units of standard invalidity/death insurance cover), the officer will, by virtue of the officer's entitlement to default invalidity/death insurance under regulation 28, in fact hold 3 units of standard invalidity/death insurance (or an equivalent amount of fixed benefit invalidity/death insurance as determined by the Board under regulation 34(3));
(f) any authorised conditions that applied to the officer's insurance cover under clause 3 immediately before the commencement day will apply to the additional invalidity/death insurance (if any) held by the officer under Part 3.
(4) Subject to subclause (3), the provisions of Part 3 apply in relation to the insurance entitlements of a transferred visiting medical officer.
(5) In this clause—
VMO fixed insurance cover means fixed insurance cover provided to visiting medical officers (and not to other members) before the commencement day in accordance with clause 3;
VMO standard insurance cover means standard insurance cover provided to visiting medical officers (and not to other members) before the commencement day in accordance with clause 3.
18—Suspension of insurance to continue
(1) Subject to subclause (2), if the insurance held by a member to whom this Part applies (other than a member referred to in clause 13(6)) is, immediately before the commencement day, suspended under regulation 35 (as in force immediately before that day), suspension of the insurance will continue on and from that day despite the revocation of that regulation.
(2) The following provisions apply in relation to insurance suspended under subclause (1):
(a) the member may, at any time, by notice in writing to the Board, reinstate the member's suspended insurance;
(b) when the insurance ceases to be suspended, the member is entitled (in accordance with regulation 28) to a minimum level of insurance equivalent in value to the member's default insurance cover entitlement;
(c) however, insurance benefits are only payable to or in respect of a member (other than a prescribed member) whose employment terminates on account of invalidity or death within 1 year after the member's insurance is reinstated if the invalidity or death is caused by accidental injury.
(3) Subclause (2) applies even if the member has, on or after the commencement day, ceased to be employed on a casual basis because the member has become a permanent employee.
Subdivision 3—Spouse members
19—Application of Subdivision
This Subdivision applies to a spouse member of the scheme who was a spouse member immediately before the commencement day.
20—Continuation of voluntary invalidity/death insurance held by spouse members before commencement day
Voluntary death insurance held by a spouse member to whom this Subdivision applies immediately before the commencement day will, subject to Part 3 Division 3, continue to be held by the spouse member as death insurance under that Division (and any authorised conditions that applied to the member's voluntary death insurance immediately before the commencement day will continue to apply).
Subdivision 4—Public sector superannuation beneficiaries and their spouses
21—Application of Subdivision
This Subdivision applies to public sector beneficiaries, and the spouses of public sector beneficiaries, who held insurance under Part 3 Division 4 Subdivision 3 immediately before the commencement day.
22—Eligibility for invalidity benefits
If the employment of a public sector superannuation beneficiary to whom this Subdivision applies who holds invalidity/death insurance under regulation 48 ceases before the commencement day, regulation 48(8) as in force immediately before the commencement day is to apply for the purposes of determining whether the public sector superannuation beneficiary is entitled to invalidity insurance benefits under that regulation.
Subdivision 5—Fixed insurance cover
New units of fixed insurance cover have not been available since that class of insurance was closed on 13 November 2014.
23—Continuation of fixed invalidity/death insurance cover held by members before commencement day
(1) Subject to this clause, a member who holds fixed insurance cover immediately before the commencement day will continue to hold that insurance cover.
(2) When a member who holds fixed insurance cover reaches the age of 65 years—
(a) the member's fixed insurance cover will cease; and
(b) the member will, if the member is entitled to default invalidity/death insurance under regulation 28, be issued with 3 units of standard invalidity/death insurance cover.
(3) A member who has fixed insurance cover may not take out standard insurance cover or fixed benefit insurance cover and is not entitled to default invalidity/death insurance except as specified in subclause (2)(b).
(4) However, the Board may grant an application for standard insurance cover or fixed benefit insurance cover made by a member who has fixed insurance cover if the standard insurance cover or fixed benefit insurance cover does not apply until after the fixed insurance cover has ceased (whether under subclause (2)(a) or (7)(a)).
(5) For the purposes of this clause, Table 1 of Subdivision 6 applies as follows:
(a) the value of a unit of cover is fixed at the amount designated in column 2;
(b) the amount of corresponding premium per unit of cover, as designated in column 3, is determined on the basis of the member's age at the time the insurance cover commences.
(6) The amount of fixed insurance cover held by a member may be reduced on application by the member to the Board in the approved form.
(7) Fixed insurance cover held by a member may, on application to the Board by the member in the approved form—
(b) subject to terms and conditions determined by the Board, be changed to standard insurance cover or fixed benefit insurance cover.
(8) Despite subclauses (6) and (7), fixed insurance held by a prescribed member under the age of 65 years—
(a) may not be reduced below an amount equivalent in value to 6 units of standard insurance cover; but
(b) may cease if the fixed insurance is replaced, on application by the prescribed member, with standard insurance or fixed benefit insurance that is equivalent in value to 6 units of standard insurance cover (or more).
(9) In this clause—
fixed insurance cover has the same meaning as in regulation 34 as in force immediately before the commencement day.
24—Continuation of fixed death insurance cover in limited circumstances (spouse members)
(1) Subject to this clause, a spouse member who holds fixed insurance cover immediately before the commencement day will continue to hold that insurance cover.
(2) When a spouse member who holds fixed insurance cover reaches the age of 65 years, the spouse member's fixed insurance cover will cease (but the spouse member will be eligible to apply for standard or fixed benefit insurance cover).
(3) A spouse member who has fixed insurance cover may not take out standard insurance cover or fixed benefit insurance cover.
(4) However, the Board may grant an application for standard insurance cover or fixed benefit insurance cover made by a spouse member who has fixed insurance cover if the standard insurance cover or fixed benefit insurance cover does not apply until after the fixed insurance cover has ceased (whether under subclause (2) or (6)(a)).
(5) For the purposes of this clause, Table 2 of Subdivision 6 applies as follows:
(a) the value of a unit of cover is fixed at the amount designated in column 2;
(b) the amount of corresponding premium per unit of cover, as designated in column 3, is determined on the basis of the spouse member's age at the time the insurance cover commences.
(6) Fixed insurance cover held by a spouse member may, on application to the Board by the spouse member in the approved form—
(b) subject to terms and conditions determined by the Board, be changed to standard insurance cover or fixed benefit insurance cover.
fixed insurance cover has the same meaning as in regulation 42 as in force immediately before the commencement day.
25—Continuation of fixed invalidity/death insurance (public sector superannuation beneficiaries and their spouses)
(1) Subject to this clause, a public sector superannuation beneficiary or the spouse of a beneficiary who holds fixed insurance cover immediately before the commencement day will continue to hold that insurance cover.
(2) When a public sector superannuation beneficiary or the spouse of a beneficiary who holds fixed insurance cover reaches the age of 65, the fixed insurance cover will cease.
(3) A public sector superannuation beneficiary or the spouse of a beneficiary who has fixed insurance cover may not take out standard insurance cover or fixed benefit insurance cover.
(4) However, the Board may grant an application for standard insurance cover or fixed benefit insurance cover made by a public sector superannuation beneficiary or the spouse of a beneficiary who has fixed insurance cover if the standard insurance cover or fixed benefit insurance cover does not apply until after the fixed insurance cover has ceased (whether under subclause (2) or (6)(a)).
(5) For the purposes of this clause, Tables 1 and 2 of Subdivision 6 apply as follows for the purpose of determining the value of units of fixed insurance cover and the premiums payable in respect of those units:
(a) the value of a unit of cover is fixed at the amount designated in column 2 of the relevant table;
(b) the amount of corresponding premium per unit of cover, as designated in column 3 of the relevant table, is determined on the basis of the age of the beneficiary or spouse at the time the insurance cover commences.
(6) Fixed insurance cover held by a public sector superannuation beneficiary or the spouse of a beneficiary may, on application to the Board by the beneficiary or spouse in the approved form—
(b) subject to terms and conditions determined by the Board, be changed to standard insurance cover or fixed benefit insurance cover.
fixed insurance cover has—
(a) in relation to a public sector superannuation beneficiary—the same meaning as in regulation 34 as in force immediately before the commencement day; and
(b) in relation to the spouse of a public sector superannuation beneficiary—the same meaning as in regulation 42 as in force immediately before the commencement day.