3Definitions

3 Definitions (1) In this Act— S. 3(1) def. of *actuary* substituted by No. 4/1996 s. 106(1)(a). ***actuary*** means a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister; S. 3(1) def. of *adult child* inserted by No. 40/2010 s. 72(a). ***adult child*** has the same meaning as in sections 35A(1) and 53(2A); S. 3(1) def. of *Board* substituted by No. 120/1994 s. 56(1), repealed by No. 8/1999 s. 51(1)(a), new def. of *Board* inserted by 94/2005 s. 36(1)(a). ***Board*** means the Emergency Services Superannuation Board established under section 5 of the **Emergency Services Superannuation Act 1986**; S. 3(1) def. of *child* amended by No. 27/2001 s. 5(Sch. 3 item 5.1(b)). ***child*** in relation to an officer or pensioner means a child of himself or herself or of his or her partner other than any child born more than 10 months after his or her death who is— (a) under 18 years of age; or (b) between the age of 18 and 25 years and in the opinion of the Board is a full-time student; S. 3(1) def. of *complying super-annuation fund* s. 106(1)(b). ***complying superannuation fund*** means a superannuation entity or a superannuation fund within the meaning of section 10 of the Commonwealth Superannuation Industry (Supervision) Act 1993 which is a complying superannuation fund or a complying approved deposit fund within the meaning of Part IX of the Commonwealth Income Tax Assessment Act 1936; S. 3(1) def. of *contract officer* inserted by No. 87/1992 s. 15(1)(a), substituted by No. 110/1993 s. 70(1)(a), amended by Nos 46/1998 s. 7(Sch. 1), 84/1998 s. 45(1), 108/2004 s. 117(1) (Sch. 3 item 189.1). ***contract officer*** means— (a) an executive within the meaning of section 4(1) of the **Public Administration Act 2004** employed under a contract of employment under that Act, other than an exempt officer; or (aa) any person who— (i) is declared or deemed to be a person to whom subsection (2)(c) applies; or (ii) is a member of a class of persons declared or deemed to be persons to whom subsection (2)(c) applies— by the Minister by instrument in writing; or (b) any person who— (i) is declared or deemed to be a contract officer; or (ii) is a member of a class of persons declared or deemed to be contract officers— by the Minister by instrument in writing for the purposes of this Act; S. 3(1) def. of *contributor* amended by No. 94/2005 s. 36(1)(b). ***contributor*** means an officer who will be, is, or has been, eligible to contribute to the State Superannuation Fund; S. 3(1) def. of *dependant* inserted by No. 120/1994 s. 53(1)(a), amended by No. 27/2001 s. 5(Sch. 3 item 5.1(c)). ***dependant***, in relation to a deceased person, means— (a) his or her partner; or (b) a child of the person; or (c) any other person who in the opinion of the Board was at the date of the death of the person wholly or partially dependent on the person or who at that date had a legal right to look to him or her for financial support; S. 3(1) def. of *disability* amended by Nos 49/1992 s. 3(a), 110/1993 s. 70(1)(b), 23/1994 s. 118(Sch. 1 item 54.1(a)), substituted by No. 120/1994 s. 54. ***disability***, in relation to a member, means the permanent inability of the member before the age of 60 years due to a continuing or recurring injury, disease or infirmity— (a) to perform his or her duties; and (b) to perform any other duties for which he or she is suited by education, training or experience or for which he or she would be suited as a result of retraining— as determined by the Board on the basis of reports provided by at least 2 registered medical practitioners appointed by the Board; S. 3(1) def. of *domestic partner* inserted by No. 27/2001 s. 5(Sch. 3 item 5.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 58.1), amended by No. 4/2009 s. 37(Sch. 1 item 23.1). ***domestic partner*** of a person means— (a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or (b) a person to whom the person is not married but with whom, in the opinion of the Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender); S. 3(1) def. of *eligible contribution* inserted by No. 78/2004 s. 14. ***eligible contribution*** means the Government co‑contribution payable under the Superannuation (Government Co‑contributions for Low Income Earners) Act 2003 of the Commonwealth that the Commissioner of Taxation determines under that Act is to be paid to the Fund or to the person; S. 3(1) def. of *eligible member* inserted by No. 78/2004 s. 14. ***eligible member*** means a contributor who is a person in respect of whom a Government co‑contribution is payable in accordance with section 6 of the Superannuation (Government Co-contributions for Low Income Earners) Act 2003 of the Commonwealth; S. 3(1) def. of *eligible member account* inserted by No. 78/2004 s. 14. ***eligible member account*** means the account established under section 60A; S. 3(1) def. of *eligible salary sacrifice contributor* inserted by No. 40/2004 s. 29. ***eligible salary sacrifice contributor*** means an officer in respect of whom a declaration is in force under section 3A; ***employing authority*** means any person, authority or body who or which is the employer of an officer; S. 3(1) def. of *exempt officer* inserted by No. 87/1992 s. 15(1)(b), substituted by No. 110/1993 s. 70(1)(c), amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 189.2). ***exempt officer*** means— (a) an executive within the meaning of section 4(1) of the **Public Administration Act 2004** employed under a contract of employment under the Act during any period that a certificate in writing issued under section 7(5) of the **Superannuation (Public Sector) Act 1992** by the employing authority to the Board is in force; or (b) a contract officer whose employing authority advises the Board in writing that the contract of employment under which the contract officer is employed provides that the contract officer is an exempt officer for the purposes of this Act; ***expense allowance*** means an allowance payable periodically which— (a) is designated as an expense allowance or an expense of office allowance; or (b) is in fact an allowance which is granted to an officer in respect of expenses which are normally and properly incurred by the officer in carrying out the duties of his or her office; S. 3(1) def. of *final average salary* inserted by No. 110/1993 s. 70(1)(d). ***final average salary*** means— (a) in relation to an officer with less than 2 years of recognised service, an amount calculated in accordance with the formula— "A" is the aggregate salary paid to the officer in respect of the officer's period of recognised service; "B" is the total number of days in that period; (b) in relation to an officer with 2 years or more of recognised service, an amount equal to one-half of the officer's aggregate salary for the period of recognised service of 2 years ending on the officer's last day of service— and if the period of recognised service includes a period of leave without pay, there is deemed to have been payable to that officer during that period of leave without pay, salary at the rate payable to the officer immediately before the period of leave, or such higher salary as has been approved by the Board for the purposes of this section, but in no case shall the amount in relation to a person who was an officer on 1 January 1994 be less than the officer's salary on that date; S. 3(1) def. of *Fund* amended by No. 81/1988 s. 25(a), substituted by No. 94/2005 s. 36(1)(c). ***Fund*** means the Scheme established under section 15 of the **Emergency Services Superannuation Act 1986**; S. 3(1) def. of *Government Actuary* repealed by No. 4/1996 s. 106(1)(c). S. 3(1) def. of *ill health* inserted by No. 102/1995 s. 22, amended by No. 4/1996 s. 106(2). ***ill health*** means a continuous or recurring impairment of the health of a member which is due to a physical or mental incapacity, bodily injury, illness or disease, which in the opinion of the Board— (a) is not a disability; and (b) is likely to be adversely affected if the member remains in his or her employment or returns to employment with an employing authority; and (c) does not prelude the member from seeking alternative employment; and (d) has not been incurred or inflicted for the purpose of obtaining a benefit; S. 3(1) def. of *minimum age for retirement* amended by No. 82/1996 s. 58(2). ***minimum age for retirement*** means— (a) the age of 55 years; or (b) if an entitlement to an accrued benefit at an earlier age than 55 years is prescribed for a prescribed class of members, that earlier age; S. 3(1) def. of *new scheme member* amended by Nos 81/1988 s. 25(b), 49/1992 s. 3(b), 110/1993 s. 82(2), 94/2005 s. 36(1)(d). ***new scheme member*** means— (a) an officer who was not a contributor or a person entitled to a pension on the ground of disability under the **Superannuation Act 1958** or this Act on 30 June 1988; and (b) a person who becomes an officer after 30 June 1988, on and from the date on which that person becomes an officer; and (ba) a person who makes an election under any Act to transfer to the State Superannuation Fund, on and from the date on which that election takes effect; and (c) an officer who makes an election under section 61 or 61B, on and from the date on which that election takes effect— but does not include— (d) a revised scheme member who after 30 June 1988 ceases to be a contributor for less than 30 days and again becomes an officer; and (e) a person— (i) who was a contributor before 1 July 1988; and (ii) to whom section 30(2)(b) of **The Constitution Act Amendment Act 1958** applies; S. 3(1) def. of *occupational super-annuation standards* inserted by No. 49/1992 s. 3(c), repealed by No. 4/1996 s. 106(1)(c). S. 3(1) def. of *officer* amended by Nos 49/1992 s. 3(d), 87/1992 s. 15(1)(c), 18/1993 s. 34, 120/1994 s. 65(a), 50/1997 ss 12, 18(4), 46/1998 s. 7(Sch. 1), 12/1999 s. 4(Sch. 2 item 13.1), 108/2004 s. 117(1) (Sch. 3 item 189.3), 20/2005 s. 52(4), 24/2006 s. 6.1.2(Sch. 7 item 38.1 (a)–(c)). ***officer*** (subject to subsection (4)) means a person other than an exempt officer or a person who is employed on a casual basis who is— (a) employed— (i) under Part 3 of the **Public Administration Act 2004**; or (ii) under the **Education and Training Reform Act 2006** as— (A) a member of the permanent staff of the teaching service; or (B) a temporary teacher; or (C) a temporary professional appointee; or (D) a temporary assistant professional appointee; or (E) a temporary special developmental school teacher; or (iii) under the **Education and Training Reform Act 2006**— (A) by the Secretary or a school council; or (B) as a rural school aide; or (C) as a teacher aide; or (iv) under Part 3 of the **Parliamentary Administration Act 2005**; and (b) on the staff of a post secondary education institution within the meaning of the **Education and Training Reform Act 2006** or a technical and further education institution within the meaning of that Act whom the Secretary to the Department of Treasury and Finance certifies in writing to the Board to be in his or her opinion a person the greater part of whose salary is met from the Consolidated Fund; and (c) a person or a member of a class of persons— (i) holding any office under the Crown; or (ii) holding any office as a member or in the service or employment of any body created by or under any Act; or (iii) holding any office as a member or in the service or employment of any other body that the Minister by instrument declares to be a body to which this subparagraph applies— to which person or class of persons the Minister by instrument declares that this Act applies; and (d) holding any office— (i) under the Crown; or (ii) as a member or in the service or employment of any body created by or under any Act— who was before his or her appointment to that office an officer for the purposes of this Act and who is by or under any Act or law deemed to continue to be an officer within the meaning of this Act while holding that office; and (e) an officer within the meaning of the **Superannuation Act 1958** on 30 June 1988 and continues to be employed by the same or another employing authority; and (f) referred to in paragraph (a), (b), (c), (d) or (e) and has resigned or been given leave of absence without pay to act as a full-time officer of a trade union which is approved by the Minister; and (g) a person referred to in a preceding paragraph who as a result of a change of employment becomes a person referred to in— (i) any other paragraph of this definition; or (ii) any paragraph of the definition of ***employee*** in section 2(1) of the **State Employees Retirement Benefits Act 1979**; or (iii) any paragraph of the definition of ***employee*** in section 3(1) of the **Transport Superannuation Act 1988**. S. 3(1) def. of *original scheme member* amended by No. 94/2005 s. 36(1)(e). ***original scheme member*** means an officer contributing to the State Superannuation Fund as at 30 June 1988 who was not a revised scheme member; S. 3(1) def. of *partner* inserted by No. 27/2001 s. 5(Sch. 3 item 5.1(a)), substituted by No. 40/2010 s. 73(1). ***partner*** of a person means the person's spouse or domestic partner; S. 3(1) def. of *Period of absence* repealed by No. 81/1988 s. 25(c). ***prescribed*** means prescribed by the regulations; S. 3(1) def. of *recognised service* amended by Nos 81/1988 s. 25(d), 49/1992 s. 3(e)(f), 110/1993 s. 70(1)(e), 94/2005 s. 36(1)(f), 40/2010 s. 72(b). ***recognised service***, in relation to an officer, means the total period (calculated in years, months and days) during which the officer contributed (or in the case of a new scheme member, was entitled to contribute) to the State Superannuation Fund and the Fund and includes— (a) the additional period of service (if any) which the officer is taken as having by virtue of the operation of, or is by any Act deemed to have for the purpose of section 13D(3), 13DA(3), 13DB(1), 13DB(1A) or 67(1A) of the **Superannuation Act 1958** and in respect of which the officer has made contributions or other payments to the Fund; and (b) any additional period of service (if any) determined by the Board in accordance with the regulations— but does not include any period after he or she attains the age of 75 years, or as otherwise permitted by Commonwealth superannuation law, unless the Treasurer otherwise specifies in writing in respect of a specified officer or, except where express provision to the contrary is made in this Act, any period of leave of absence unless contributions have been paid in respect of that period of leave of absence under section 49(1)(c); S. 3(1) def. of *registered medical practitioner* inserted by No. 23/1994 s. 118(Sch. 1 item 54.1(b)), amended by No. 97/2005 s. 182(Sch. 4 item 48), substituted by No. 13/2010 s. 51(Sch. item 52). ***registered medical practitioner*** means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 3(1) def. of *resignation* substituted by No. 82/1996 s. 58(1). ***resignation*** means the termination of service (however expressed) other than by reason of death, disability or retrenchment of a member before he or she has attained the minimum age for retirement; S. 3(1) def. of *retrenchment* amended by No. 72/1990 s. 3(a)(b), substituted by No. 87/1992 s. 15(1)(d). ***retrenchment*** means the termination of the employment or service of an officer who has not attained the minimum age for retirement and in respect of whom the employing authority certifies in writing to the Board that the officer has been retrenched for the purposes of this Act; S. 3(1) def. of *revised scheme member* amended by No. 81/1988 s. 25(e). ***revised scheme member*** means an officer who was a revised scheme contributor within the meaning of section 3(1A) of the **Superannuation Act 1958**; S. 3(1) def. of *revised scheme member's pension* amended by No. 110/1993 ss 70(1)(f), 71(2). ***revised scheme member's pension*** means, on the death or disability of a revised scheme member before retirement, the pension which would have become payable to the deceased or disabled revised scheme member at the retirement age of 60 if his or her final average salary at the time of death or disability had been his or her final average salary at age 60 and counting the recognised service which would have been completed by that age; S. 3(1) def. of *RSA* inserted by No. 40/2004 s. 28(1). ***RSA*** means a retirement savings account within the meaning of the Commonwealth Retirement Savings Accounts Act 1997; S. 3(1) def. of *salary* amended by Nos 81/1988 s. 25(f)(i)(ii), 49/1992 s. 3(g)–(i), 37/2007 s. 26. ***salary*** means the annual rate, computed as determined by the Board on the basis of a year consisting of 313 working days and 52 Sundays, of pecuniary emoluments payable periodically and regularly to an officer for the performance of the duties of his or her grade of employment as an officer, and includes— (a) the annual rate of allowances payable instead of free quarters, and, when free quarters are provided, the annual rate of allowance that would have been payable had free quarters not been provided; and (b) the annual rate of remuneration or pecuniary emolument payable for the regular performance of duties on Sundays, subject to deduction of the value of any leave of absence granted in respect thereof, where the annual value of that remuneration and of that deduction can be computed in advance; and (d) unless an officer otherwise elects in writing, the annual rate of any higher duties allowance payable to an officer for at least 12 months and includes any increase in the rate during a period of at least 12 months where a higher duties allowance has been paid continuously in respect of different positions held by that officer; and (e) any additional amount prescribed for officers who perform rostered or shift work; and (f) the annual rate of any other remuneration or pecuniary emolument payable periodically and approved by the Board— but does not include a recreation leave allowance or an expense allowance or payment for overtime, or for travelling allowances or for incidental expenses or payments of a temporary character; S. 3(1) def. of *secondment* amended by Nos 49/1992 s. 3(j), 70/2003 s. 18. ***secondment***, in relation to an officer, means leave without pay to engage in paid employment with the consent of his or her employer during the period of that leave and in respect of which contributions payable under section 90A are only met by or on behalf of the current employer during that period; S. 3(1) def. of *specified standards* inserted by No. 4/1996 s. 106(1)(d). ***specified standards*** means standards specified under section 92A; S. 3(1) def. of *spouse* substituted by Nos 120/1994 s. 53(1)(b), 27/2001 s. 5(Sch. 3 item 5.1(d)). ***spouse*** of a person means a person to whom the person is, or was at the time of the person's death, married; S. 3(1) def. of *State Super-annuation Fund* inserted by No. 94/2005 s. 36(1)(g). ***State Superannuation Fund*** means the Superannuation Fund established under the **Superannuation Act 1925** and continued under this Act as the State Superannuation Fund and as in existence immediately before the commencement of the **Superannuation Legislation (Governance Reform) Act 2005**; ***Superannuation Act 1958*** means the **Superannuation Act 1958** as in force immediately before the commencement of section 93(1); S. 3(1) def. of *super-annuation system* inserted by No. 37/2007 s. 27. ***superannuation system*** has the same meaning as it has in regulation 5.01(1) of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth; S. 3(1) def. of *surcharge-able contributions* inserted by No. 29/2000 s. 14. ***surchargeable contributions*** means the surchargeable contributions of an officer for a particular financial year worked out in accordance with section 8 of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 and any regulations made under that section that apply in respect of that particular financial year; S. 3(1) def. of *surcharge debt account* inserted by No. 29/2000 s. 14. ***surcharge debt account*** means, in relation to a person who is or has been an officer, the surcharge debt account kept for that person (while he or she was an officer) under section 71C; S. 3(1) def. of *surcharge deduction amount* inserted by No. 29/2000 s. 14. ***surcharge deduction amount*** means, in relation to a person— (a) who is or has been an officer; and (b) to or in respect of whom benefits become payable under this Act— the surcharge deduction amount that is specified in a determination made by the Board under section 71C in relation to the person; S. 3(1A) inserted by No. 70/2003 s. 19. (1A) For the purpose of the definition of ***dependant*** in section 3(1), a person was partially dependent on a deceased person if the person benefited from a financial contribution which was not trivial in nature and was to some extent necessary to sustain the basics of life. S. 3(2) amended by No. 87/1992 s. 15(2)(b). (2) For the purposes of the definition of ***salary*** in subsection (1)— S. 3(2)(a) amended by No. 87/1992 s. 15(2)(a). (a) if an officer's salary is reduced then, unless the officer agrees in writing that the reduced salary applies, salary means the greater of— (i) the salary of the officer immediately before the reduction; or (ii) the actual salary; or (b) in the case of an officer referred to in paragraph (f) of the definition of ***officer***, salary means the last salary of the officer immediately prior to becoming a full-time officer of the trade union adjusted in accordance with changes in the rate of salary for the last substantive classification of the officer or any higher salary as is paid to the officer by the trade union and approved by the Board; or S. 3(2)(c) inserted by No. 87/1992 s. 15(2)(b), amended by Nos 58/1994 s. 6(a), 84/1998 s. 45(2). (c) in the case of a person referred to in paragraph (a) or (aa) of the definition of ***contract officer***, salary means the salary for superannuation purposes in accordance with section 12 of the **Superannuation (Public Sector) Act 1992** and notified in writing by the employing authority to the Board; or S. 3(2)(d) inserted by No. 58/1994 s. 6(b), amended by No. 120/1994 s. 55(1)(2). (d) subject to paragraph (e), in the case of a person referred to in paragraph (b) of the definition of ***contract officer***, salary means the salary for superannuation purposes specified from time to time in that person's contract of employment and notified in writing by the employing authority to the Board; or S. 3(2)(e) inserted by No. 120/1994 s. 55(2), amended by No. 24/2006 s. 6.1.2(Sch. 7 item 38.2), substituted by No. 70/2008 s. 42. (e) if a person to whom paragraph (d) applies is a member of the Principal Class within the meaning of Part 2.4 of the **Education and Training Reform Act 2006**, or a member of the Executive Class within the meaning of that Part and immediately before becoming a member of the Executive Class was a member of the Principal Class, the salary specified for the purpose of paragraph (d) must not exceed— (i) in the case of a person who was a member of the new scheme on 31 January 1995, a maximum of 90⋅9 per cent of the person's remuneration package; or (ii) in any other case, a maximum of 82⋅3 per cent of the person's remuneration package. S. 3(3) amended by Nos 100/1995 s. 32(Sch. 2 item 9), 46/1998 (3) The Minister may, by an instrument of delegation under the hand of the Minister, delegate to the Secretary to the Department of Treasury and Finance any power or duty of the Minister under paragraph (c) of the definition of ***officer*** in subsection (1). (4) Until 1 July 1988 ***officer*** in Division 2 of Part 6 has the same meaning as it has in section 3 of the **Superannuation Act 1958**. (5) A reference in this Act to a Commonwealth Act is a reference to that Act as amended and in force for the time being or as re-enacted and as subsequently amended and in force for the time being. S. 3(6) inserted by No. 110/1993 s. 70(2). (6) Despite the amendment of the definition of ***revised scheme member's pension*** by section 70(1)(f) of the **Public Sector Superannuation (Administration) Act 1993** no pension calculated according to that definition as amended shall be less than the pension that would have been payable had the revised scheme member retired due to disability or died (as the case may be) immediately before that section came into operation. S. 3(7) inserted by No. 8/1999 s. 51(2), repealed by No. 94/2005 s. 36(2). S. 3(8) inserted by No. 27/2001 s. 5(Sch. 3 item 5.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 58.2). (8) For the purposes of the definition of ***domestic partner*** in subsection (1)— S. 3(8)(a) amended by No. 4/2009 s. 37(Sch. 1 item 23.2(a)). (a) ***registered domestic relationship*** has the same meaning as in the **Relationships Act 2008**; and S. 3(8)(b) amended by No. 4/2009 s. 37(Sch. 1 item 23.2(b)). (b) in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case. S. 3(9) inserted by No. 40/2010 s. 73(2). (9) The definition of ***partner*** as substituted by section 73(1) of the **Superannuation Legislation Amendment Act 2010** applies in respect of the determination by the Board of an entitlement arising under this or any other Superannuation Act within the meaning of section 3(1) of the **Emergency Services Superannuation Act 1986** on or after the commencement of the substituting section. S. 3A inserted by No. 40/2004 s. 30.