Subdiv 1Membership

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