Southern State Superannuation Regulations 2009
Subdiv 3Contributions
Start here
Get a plain-English read of Subdiv 3
Turn the raw legal text into a practical explanation grounded in Southern State Superannuation Regulations 2009.
Subdivision 3—Contributions 17—Contributions (section 20 of Act) (1) For the purposes of section 20(1)(a) of the Act, but subject to this regulation, a member may elect to make contributions to the Treasurer as a deduction from salary at a whole number percentage, or at 4.5%, of the combined value of the monetary and non‑monetary salary (if any) to which the member is entitled in each period in respect of which salary is paid to the member. (2) A person who is a member of the scheme by virtue only of regulation 9(3), (5), (5a), (5b), (6), (7) or (8) (including any combination of these provisions) is not entitled to make contributions under section 20(1)(a) of the Act. (3) For the purposes of section 20(1)(b) of the Act, the prescribed percentage is 4.5%. (4) A police cadet is not obliged to contribute but may elect to do so. (5) Subject to this regulation, a member who has elected to contribute may subsequently elect to contribute at a different rate or to cease contributing. (6) An election under this regulation must be made to the Board in writing and will operate from a date to be fixed by the Board. (7) If, following a change in a member's salary, it will be difficult for an employer to determine the amount of the member's contribution for the first payment period to which the new contribution applies, the Board may, by notice in writing to the employer, specify a date from which the new contribution amount will apply. (8) A notice under subregulation (7) may be varied or revoked by the Board by subsequent notice served on the employer. (9) If over a particular period a member receives (while remaining in employment) weekly workers compensation payments for total or partial incapacity for work, contributions will be payable as if the weekly payments were salary or a component of salary (as the case requires). (10) Contributions are payable from the member's monetary salary on the days on which monetary salary is paid to the member. (11) A member whose membership of the scheme commences on the commencement of the member's employment will commence making contributions on a date fixed by the Board. 18—Prescribed rate of contributions (section 20 of Act) (1) Pursuant to section 20(2)(b) of the Act, a member employed by SA Ambulance Service Inc— (a) who was a contributory member of the SA Ambulance Service Superannuation Scheme (the ambulance scheme) before electing to become a member of the Triple S scheme and has not reached his or her normal retirement date for the purposes of the ambulance scheme; or (b) who— (i) commenced his or her employment with SA Ambulance Service Inc on or after 1 July 2008; and (ii) is classified as an operations employee under the SA Ambulance Service Award; and (iii) is employed other than on a casual basis in the provision of ambulance services (within the meaning of the Health Care Act 2008), is required, subject to subregulations (2) and (3), to make contributions to the Treasurer at a rate of at least 4.5% of salary. (2) If a member to whom subregulation (1) applies has made a fund selection, and the member's selected fund is Super SA Select, the member must make the contributions required under subregulation (1) to Super SA Select rather than the Treasurer. (3) Subregulation (1) does not apply to a member who is making salary sacrifice contributions at a rate of at least 5.3% of salary. (4) If subregulation (1) ceases to apply to a member, the member will be taken to have made an election under section 20(1)(a) of the Act to make contributions to the Treasurer at the rate at which the member was contributing immediately before that cessation (and, accordingly, regulation 17 will apply as if such an election had been made). 19—Other contributions (section 20 of Act) A monetary contribution under section 20(1)(c) or (d) of the Act must be equal to or exceed $50. 20—Purpose of Division Pursuant to sections 19(3)(c) and 20(2)(d) of the Act, the purpose of this Division is to make provision for— (a) spouses of members to become spouse members of the scheme; and (b) contributions to be made by or on behalf of spouse members. 21—Interpretation death insurance means death insurance granted by the Board under regulation 40; death insurance benefits means benefits payable in respect of death insurance; eligible member means a member in respect of whom payments are being made to the Treasurer under section 20 of the Act, regulation 12 or regulation 13; prescribed payment means payment of an amount that is a contributions‑splitting superannuation benefit within the meaning of Division 6.7 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth. 22—Spouse contributions splitting (section 20 of Act) (1) Pursuant to section 20(2)(d) of the Act, but subject to this regulation, an eligible member may apply to the Board, in the approved form, to make a prescribed payment from the member's contribution account into a rollover account established in the name, and for the benefit, of the member's spouse. (2) An application under subregulation (1), and the making of a prescribed payment following the acceptance of an application, are subject to, and must comply with— (a) Division 6.7 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth (as if the provisions of that Division apply to, and in relation to, the scheme); and (b) such terms and conditions as may be specified by the Board. (3) The Board may fix administrative charges payable in respect of applications under this regulation. (4) Any charge payable under subregulation (3) may be deducted by the Board from— (a) the applicant's contribution account; or (b) if there are insufficient funds in that account—a spouse account established in the name of the applicant's spouse. 23—Other contributions for spouse members (section 20 of Act) (1) Pursuant to section 20(2)(d) of the Act, an eligible member may make monetary contributions to the Treasurer under this regulation for crediting to a contribution account in the name of the member's spouse. (2) A spouse member may, while the spouse member is the spouse of a member, make monetary contributions to the Treasurer under this regulation. (3) The amount of each contribution under this regulation must be equal to or exceed $50. 24—Spouse members and spouse accounts (section 19 of Act) (1) If a prescribed payment, or a monetary contribution under regulation 23(1), is made by a member for the benefit of a spouse in respect of whom neither a prescribed payment nor a contribution under regulation 23(1) has previously been made, the spouse becomes a spouse member of the Triple S scheme by virtue of this subregulation. (2) A spouse member's contribution account must— (a) be credited with the amount of contributions made by or on behalf of the spouse member; and (3) In addition to maintaining a rollover account in the name of a spouse member as required under section 12(1)(b)(i) of the Act, the Board must maintain a rollover account in the name of a spouse member for the benefit of whom a prescribed payment has been made. (4) A spouse member's rollover account must— (a) be credited with the amount of any prescribed payment made, or money rolled over, for the spouse member; and (5) A spouse member's co‑contribution account must— (a) be credited with the amount of any co‑contribution paid to the Board in respect of the spouse member; and (6) The Board may fix an administrative charge and apply it to any account or accounts maintained by the Board on behalf of a spouse member by deduction of a fixed fee from, or adjustment to the investment returns allocated to, the account or accounts. (7) However, an administrative charge may not be applied to a spouse member's co‑contribution account by deduction of a fixed fee from the account if the Board is maintaining a contribution account or rollover account in the name of the spouse member and the credit balance (if any) of either or both of those accounts is sufficient to pay the administrative charge. (7a) An administrative charge fixed and applied under this regulation may comprise a fee for the provision to a spouse member of financial advice by financial planners authorised by the Board. (8) The Board may, for the purposes of subregulation (6), fix different charges depending on the balance of spouse members' accounts or any other relevant factor. 25—Amalgamation of accounts (1) If a person who is a spouse member is, or becomes, a member of the scheme, the Board may transfer the amounts standing to the credit of the person's spouse accounts to a contribution account, rollover account or co‑contribution account, as appropriate, maintained by the Board in the name of the person (and the Board may, if necessary for the purposes of this subregulation, establish such an account in the name of the person). (2) If all amounts standing to the credit of the person's spouse accounts are transferred from those accounts under this regulation— (a) the person ceases to be a spouse member of the scheme; and (b) the person's death insurance under Part 3 Division 3 (if any) is taken to be additional invalidity/death insurance under Part 3 Division 2 Subdivision 2.