Div 3Old scheme contributors

Division 3—Old scheme contributors 43AK Application of Division 43AL Accrued benefit multiple 43AM Non-member spouse's entitlement 43AN Non-member spouse's entitlement where pension is in growth phase 43AO Non-member spouse's entitlement where pension is in payment phase 43AP Payment of non-member spouse's entitlement Division 4—Fees 43AQ Fees Part 6—Miscellaneous 43B Exclusion of benefits under awards etc 44 Review of Board's decisions 45 Effect of workers compensation etc on pension 46 Division of benefit where deceased contributor is survived by lawful and putative spouses 47 Adjustment of pensions 47A Subsequent roll over of benefits to another fund or scheme 47B Roll over of benefits from another fund or scheme 47C Portion of pension etc to be charged against contribution account etc 47D Charge against Fund if draw down benefit paid 48 Repayment of contribution account balance and minimum benefits 49 Special provision for payment in case of infancy or death 50 Pension not to be assignable 50A Unclaimed superannuation benefits 51 Liabilities may be set off against benefits 51A Method of making contributions 52 Annuities 53 Continuation of the Voluntary Savings Account 54 Power to obtain information 55 Confidentiality 56 Resolution of difficulties 58 Pensions payable in foreign currency 58A Rounding off of contributions and benefits 59 Regulations Schedule 1—Transitional provisions 1 Continuity of contributor status 2 Contributions by old scheme and certain new scheme contributors 3 Starting balance of contribution account of old scheme contributors 3A Starting balance for certain new scheme contributors 4 Special provision as to contribution period of certain contributors 5 Superannuation points carried over by old scheme contributors 6 Special provisions for contributors to the Provident Account 7 Limited benefit contributors 8 Preservation of excess unit addition 9 Neglected unit and fund share reduction 10 Pensions that commenced under previous enactments 11 Abolition of Provident Account, and Retirement Benefit Account 12 Continuation of superannuation arrangements 13 Continuation of membership of elected members of the Board 14 Retrospective operation of preservation rights 15 Benefits under Parts 4 and 5 15A Early retirement benefit for certain contributors 16 Transference from old scheme to new scheme 17 Payment of contributions while on leave without pay 18 Repeal of contribution rate 19 Operation of sections 28(1f) and 39(1db) 20 Election on retrenchment under section 29 21 Operation of amendments made by Statutes Amendment (Equal Superannuation Entitlements for Same Sex Couples) Act 2003 Schedule 1A—Provisions relating to other public sector superannuation schemes 1 Regulations relating to transfer of groups of employees or former employees from other public sector superannuation schemes 1A Regulations relating to transfer of other persons from public sector superannuation schemes 2 Regulations to offset income tax etc Schedule 1B—Transfer of certain members of the Electricity Industry Superannuation Scheme to the State Scheme 1 Interpretation Part 2—Transfer of members 2 Transfer of existing pensioners before the relevant day 3 Transfer of existing and future pensioners after the relevant day 4 Transfer of persons entitled to preserved benefits 5 Transfer of certain other persons Part 3—General 6 Employer contributions 7 Notices 8 Cessation of entitlements under the Electricity Industry Superannuation Scheme 9 Power to obtain information 10 Transfer effective despite Electricity Corporations Act 1994 11 Regulations may be made for transitional purposes Schedule 2 Schedule 3—Administered schemes Part 1—Interpretation 1 Interpretation Part 2—Management of schemes 2 Application of Schedule to schemes 3 Arrangements as to trust deed and rules 4 Arrangements as to assets Part 3—Establishment of funds and contribution accounts Division 1—Establishment of funds 5 Management and establishment of funds 6 Division of funds into distinct parts Division 2—Contribution accounts 7 Contribution accounts Part 4—Miscellaneous 8 Insurance arrangements 9 Accounts and audit 10 Reports 11 Fees 12 Cessation of scheme 12A Unclaimed superannuation benefits 13 Stamp duty 14 Transitional provisions Legislative history The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Superannuation Act 1988. 4—Interpretation (1) In this Act, unless the contrary intention appears— active contributor means a contributor who is contributing to the Fund; actual or attributed salary—see subsections (3) and (4); actuary means a Fellow or Accredited Member of The Institute of Actuaries of Australia; adjusted salary in relation to a contributor as at a particular time means— (a) if the contributor has been employed on a full-time basis throughout his or her contribution period—the contributor's actual or attributed salary as at that time; (b) if the contributor has been employed on a part-time or casual basis over the whole or any part of his or her contribution period—the contributor's actual or attributed salary as at that time reduced to reflect the extent of the contributor's employment over the contribution period expressed as a proportion of full-time employment; age of retirement means— (a) in relation to an old scheme contributor for whom 55 years was the age of retirement under the repealed Act—55 years; (b) in all other cases—60 years; approved form means a form approved by the Board; Board means the South Australian Superannuation Board; co-contribution means a payment made to the Board in respect of a person by the Commissioner of Taxation pursuant to the requirements of the Superannuation (Government Co‑contribution for Low Income Earners) Act 2003 of the Commonwealth; co-contribution account means an account established and maintained by the Board as a co‑contribution account in accordance with the requirements of this Act; Commonwealth Act means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; Consumer Price Index means the Consumer Price Index (All groups index for Adelaide); contracting out agreement means an agreement between a Minister or other agent or instrumentality of the Crown and another person or persons— (a) under which— (i) a function previously undertaken by the Crown is to be undertaken by the private sector; or (ii) a service previously provided by the Crown to the public, or to a section of the public or to the Crown itself, is to be provided by the private sector; and (b) under which persons who had been public sector employees employed in undertaking that function or providing that service are offered employment in the private sector; contribution month—see subsection (2a); contribution period means— (a) in relation to an old scheme contributor—a period (including a period falling wholly or partly before the commencement of this Act) over which the contributor is (or was) an active contributor; (b) in relation to a new scheme contributor—a period over which the contributor is (or was) an active contributor; contributor means a person accepted as a contributor (either under this Act or under an earlier Act) and includes such a person who has ceased making contributions unless his or her rights in relation to superannuation have been exhausted and no derivative rights exist in relation to that person under this Act (but does not include a person as a member of an administered scheme under Schedule 3); deferred superannuation contributions surcharge in relation to a contributor means the amount that the contributor is liable to pay the Commissioner of Taxation under section 15(6) of the Superannuation Contributions Tax Act; dependency in relation to a child means any period for which the child is an eligible child;