South Australia regulation

Superannuation (Electricity Industry Pensioners) Regulations 2016

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

2/10 complexity

These regulations set how spouse pensions are calculated for people transferred from the Electricity Industry Superannuation Scheme into the State Scheme. If a transferred pensioner previously commuted part of their pension on the express basis that the commutation would not reduce a spouse’s pension, the spouse’s pension must be calculated as if that commutation had not occurred (reg 3–4). The regulations also revoke the 2001 regulations. Effect: administrators must use a ‘notional pension’ for calculation, affecting State Scheme payout amounts and record-keeping.

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Current sections

Direct links to the current provisions in Superannuation (Electricity Industry Pensioners) Regulations 2016.

Superannuation (Electricity Industry Pensioners) Regulations 2016

South Australia Superannuation (Electricity Industry Pensioners) Regulations 2016 under the Superannuation Act 1988

Contents 1 Short title 2 Commencement 3 Interpretation 4 Notional pension when determining spouse pension Schedule 1—Revocation of Superannuation (Electricity Industry Pensioners) Regulations 2001 Legislative history

1—Short title These regulations may be cited as the Superannuation (Electricity Industry Pensioners) Regulations 2016. 2—Commencement These regulations will come into operation on 1 September 2016. 3—Interpretation In these regulations— Act means the Superannuation Act 1988; electricity industry pensioner or pensioner means a person who has been transferred from the Electricity Industry Superannuation Scheme to the State Scheme under clause 2(1) or 3(3) of Schedule 1B of the Act. 4—Notional pension when determining spouse pension If— (a) before the transfer of an electricity industry pensioner to the State Scheme the pensioner had commuted part of the pensioner's pension on the basis that the commutation would not be taken into account when determining the amount of the pension payable to the pensioner's spouse; and (b) the pensioner dies and is survived by a spouse who is entitled to a spouse pension under the Act, the notional pension for the purpose of determining the spouse's pension will be the pension that the electricity industry pensioner would have been receiving immediately before the pensioner's death if the commutation referred to in paragraph (a) had not occurred. Schedule 1—Revocation of Superannuation (Electricity Industry Pensioners) Regulations 2001 The Superannuation (Electricity Industry Pensioners) Regulations 2001 are revoked. Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations Year No Reference Commencement 2016 202 Gazette 25.8.2016 p3463 1.9.2016: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Superannuation (Electricity Industry Pensioners) Regulations 2016

South Australia Superannuation (Electricity Industry Pensioners) Regulations 2016 under the Superannuation Act 1988