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Superannuation Act 1988
Sch 1AProvisions relating to other public sector superannuation schemes
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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
(1) Subject to subclause (2), the Governor may make regulations—
(aaa) declaring a group of employees or former employees who are members of a public sector superannuation scheme to be contributors for the purposes of this Act;
(a) transferring all the assets and liabilities of a fund established for the purposes of a public sector superannuation scheme to the South Australian Superannuation Fund or transferring part of those assets and liabilities to that Fund and the remainder to an account to be kept at the Treasury pursuant to an arrangement under section 5;
(b) modifying the provisions of this Act in their application to the group of employees referred to in paragraph (aaa);
(c) providing for transitional matters on the making of a declaration under paragraph (aaa).
(2) The Governor must not make a regulation under subclause (1) unless the majority of the group of employees affected by the regulation and their employer have given their consent to the proposed regulation.
1A—Regulations relating to transfer of other persons from public sector superannuation schemes
The Governor may make regulations providing—
(a) that particular persons, or particular classes of persons, who are members or former members of a public sector superannuation scheme, are, or are not, or have ceased to be, contributors for the purposes of this Act; or
(b) that a specified provision of this Act does not apply, or applies subject to prescribed modifications, to a person who is a contributor for the purposes of this Act by virtue of regulations made under this clause; or
(c) for the transfer of all or part of the assets and liabilities of a fund established for the purposes of a public sector superannuation scheme to the South Australian Superannuation Fund; or
(d) for transitional matters on the making of a regulation under this clause.
2—Regulations to offset income tax etc
(1) If, pursuant to a law of the Commonwealth, tax is payable on the income of a fund established for the purposes of a public sector superannuation scheme, the Governor may, at the request of the trustees of the fund or the employer in relation to whom the scheme was established, make regulations reducing the benefits payable to, or in relation to, members of the scheme to offset the amount of the tax payable and making consequential alterations to any trust deed or other document establishing the scheme.
(2) A regulation whenever made under subclause (1) will, unless otherwise provided in the regulation, have effect from the time at which the tax referred to in subclause (1) first became payable.