South Australia
Superannuation (Julia Farr Services Employees) Regulations 2003
under the Superannuation Act 1988
Contents
Part 1—Preliminary
1 Short title
3 Interpretation
Part 2—Miscellaneous
5 Declaration of contributors
6 Payment of benefits
7 Contributor taken to remain in employment
Part 3—Modification of Superannuation Act 1988
8 Modification of Act
9 Amendment of section 4—Interpretation
10 Substitution of sections 23, 24 and 25
23 Contributors
11 Substitution of sections 27, 28, 28A, 28B, 28C and 29
27 Retirement
28 Resignation and preservation of benefits
12 Substitution of section 30
30 Disability pension
13 Substitution of sections 31 and 32
31 Termination of employment on invalidity
32 Death of contributor
14 Repeal of section 32A
Schedule 1—Contributors
Legislative history
Part 1—Preliminary
1—Short title
These regulations may be cited as the Superannuation (Julia Farr Services Employees) Regulations 2003.
3—Interpretation
In these regulations, unless the contrary intention appears—
Act means the Superannuation Act 1988;
contributor means a person whose name appears in Schedule 1;
Plan means the Julia Farr Centre Staff Provident Plan.
Part 2—Miscellaneous
5—Declaration of contributors
A contributor is declared to be a new scheme contributor for the purposes of the Act.
6—Payment of benefits
Despite section 20B of the Act, any benefit or other entitlement payable under the Act as modified by Part 3 of these regulations must be paid out of the Fund.
7—Contributor taken to remain in employment
(1) Subject to subregulation (2), for the purposes of these regulations, a contributor who ceases employment with Julia Farr Services but—
(a) continues his or her employment as a public sector employee; or
(b) resumes his or her employment as a public sector employee within 1 month of the cessation of his or her employment with Julia Farr Services,
will be taken, for the duration of the contributor's employment as a public sector employee, to have continued his or her employment with Julia Farr Services.
(2) A contributor's period of employment with Julia Farr Services is taken to have ceased if there is a break in the contributor's employment as a public sector employee of 1 month or more (and if there is a break of less than 1 month then it will be taken that the contributor has continued his or her employment with Julia Farr Services).
(3) In this regulation—
public sector employee has the same meaning as in the Public Sector Act 2009.
Part 3—Modification of Superannuation Act 1988
8—Modification of Act
For the purposes of clause 1(1)(b) of Schedule 1A of the Act, the provisions of the Act are modified in their application to the employees declared to be new scheme contributors under regulation 5 in the manner described in the following provisions of this Part.
9—Amendment of section 4—Interpretation
(1) Section 4(1), definition of age of retirement—delete the definition and substitute:
age of retirement means 65 years;
(2) Section 4(1), definition of contributor—delete the definition and substitute:
contributor means a person whose name appears in Schedule 1 of the Superannuation (Julia Farr Services Employees) Regulations 2003;
(3) Section 4(1)—after the definition of pension period insert:
Plan means the Julia Farr Centre Staff Provident Plan;
prescribed employment means employment, or notional employment, with Julia Farr Services (see regulation 7 of the Superannuation (Julia Farr Services Employees) Regulations 2003);
(4) Section 4(1)—after the definition of salary insert:
Schedule means Schedule 1 of the Superannuation (Julia Farr Services Employees) Regulations 2003;
10—Substitution of sections 23, 24 and 25
Sections 23, 24 and 25—delete the sections and substitute:
23—Contributors
A contributor is not required to make contributions to the Treasurer for the duration of his or her prescribed employment.
11—Substitution of sections 27, 28, 28A, 28B, 28C and 29
Sections 27, 28, 28A, 28B, 28C and 29—delete the sections and substitute:
27—Retirement
(1) A contributor who retires from prescribed employment at or over the age of retirement is entitled to a superannuation payment determined as follows:
Where—
A is the amount
FS is the contributor's actual or attributed salary immediately before retirement (expressed as an annual amount)
Pn is—
(a) in the case of a contributor whose employment with Julia Farr Services is full time for the whole of the period of that employment—1; and
(b) in any other case—the numerical value arrived at by expressing the contributor's employment, while a member of the Plan, or as a contributor in prescribed employment, to the date of ceasing service (in completed months) as a proportion of full-time employment
BM is the sum of the amount of the retirement benefit multiple (RBM) and the amount of the additional benefit multiple (ABM) (if any) appearing in the Schedule opposite the contributor's name.
(2) A contributor who retires from prescribed employment before attaining the age of retirement is entitled to a superannuation payment determined as follows:
Where—
A is the amount
FS is the contributor's actual or attributed salary immediately before retirement (expressed as an annual amount)
Pn is—
(a) in the case of a contributor whose employment with Julia Farr Services is full time for the whole of the period of that employment—1; and
(b) in any other case—the numerical value arrived at by expressing the contributor's employment, while a member of the Plan, or as a contributor in prescribed employment, to the date of ceasing service (in completed months) as a proportion of full-time employment
M is the actual period of membership (being membership of the Plan or as a contributor in prescribed employment) to the date of ceasing service (in completed months)
PM is the period of membership (as described in item M) that the contributor would have completed at the age of retirement (in completed months)
RBM is the retirement benefit multiple (RBM) appearing in the Schedule opposite the contributor's name
ABM is the additional benefit multiple (ABM) (if any) appearing in the Schedule opposite the contributor's name.
28—Resignation and preservation of benefits
(1) If a contributor resigns from prescribed employment before reaching the age of 55 years, the contributor—
(a) is entitled to superannuation benefits determined in accordance with the formula described in section 27(2) (as if he or she had retired); and
(b) is taken to have elected to preserve his or her superannuation benefits.
(2) The contributor may at any time after reaching the age of 55 years require the Board to pay the superannuation benefits preserved under this section to the contributor and, if no such requirement has been made on or before the date on which the contributor reaches the age of retirement, the Board will make the payment.
(3) If the contributor has become incapacitated and satisfies the Board that his or her incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent, the Board will pay the preserved superannuation benefits to the contributor.
(4) If the contributor dies, the preserved superannuation benefits will be paid to the spouse of the deceased contributor or, if he or she left no surviving spouse, to the contributor's estate.
(5) A payment made under any of the above subsections excludes further rights so that a claim cannot be subsequently made under some other subsection.
12—Substitution of section 30
Section 30—delete the section and substitute:
30—Disability pension
(1) Subject to this section, a contributor who is temporarily or permanently incapacitated for work in prescribed employment, and has not reached the age of retirement, is entitled to a disability pension.
(2) A disability pension is not payable in respect of—
(a) a period in respect of which the contributor is entitled to sick leave; or
(b) a period in respect of which the contributor is entitled to weekly payments of workers compensation; or
(c) a period for which the contributor is on recreation leave or long service leave.
(3) The Board will not pay a disability pension in respect of a period of incapacity unless and until the contributor has been absent from work as a result of the incapacity for a period of 3 months.
(4) The amount of a disability pension will be 75 per cent of the contributor's notional salary.
(5) A disability pension cannot be paid, in respect of the same incapacity, for an aggregate period of more than 2 years.
13—Substitution of sections 31 and 32
Sections 31 and 32—delete the sections and substitute:
31—Termination of employment on invalidity
If—
(a) a contributor's prescribed employment terminates on account of invalidity before the contributor reaches the age of retirement; and
(b) the Board is satisfied that the contributor's incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent,
the contributor is entitled to a superannuation payment determined in accordance with the following formula:
Where—
A is the amount
FS is the contributor's actual or attributed salary immediately before termination (expressed as an annual amount)
Pn is—
(a) in the case of a contributor whose employment with Julia Farr Services is full time for the whole of the period of that employment—1; and
(b) in any other case—the numerical value arrived at by expressing the contributor's employment, while a member of the Plan, or as a contributor in prescribed employment, to the date of ceasing service (in completed months) as a proportion of full-time employment
BM is the sum of the amount of the retirement benefit multiple (RBM) and the amount of the additional benefit multiple (ABM) (if any) appearing in the Schedule opposite the contributor's name.
32—Death of contributor
(1) If a contributor's prescribed employment is terminated by the contributor's death—
(a) if the contributor is survived by a spouse—a lump sum payment will be made to the spouse;
(b) if the contributor is not survived by a spouse—a lump sum payment will be made to the contributor's estate.
(2) The lump sum to be paid to a surviving spouse or to the contributor's estate is to be determined in accordance with the following formula:
Where—
A is the amount
FS is the contributor's actual or attributed salary immediately before the contributor's death (expressed as an annual amount)
Pn is—
(a) in the case of a contributor whose employment with Julia Farr Services is full time for the whole of the period of that employment—1; and
(b) in any other case—the numerical value arrived at by expressing the contributor's employment, while a member of the Plan, or as a contributor in prescribed employment, to the date of ceasing service (in completed months) as a proportion of full-time employment
BM is the sum of the amount of the retirement benefit multiple (RBM) and the amount of the additional benefit multiple (ABM) (if any) appearing in the Schedule opposite the contributor's name.
14—Repeal of section 32A
Section 32A—delete the section
Schedule 1—Contributors
Name
Retirement Benefit Multiple (RBM)
Additional Benefit Multiple (ABM)
Byerley, John Charles
7.30
—
Johnson, Gwenda Mary
4.95
—
Klose, Karin
7.30
—
Rougasche, Josephine Georgina
6.53
0.66
Legislative history
Notes
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
• 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 and variations
New entries appear in bold.
Year
No
Reference
Commencement
2003
195
Gazette 25.9.2003 p3644
1.10.2003: r 2
2005
2
Gazette 13.1.2005 p77
13.1.2005: r 2
2007
177
Gazette 28.6.2007 p2834
28.6.2007: r 2
2010
11
Gazette 28.1.2010 p356
Pt 17 (r 19)—1.2.2010: r 2
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Pt 1
r 2
omitted under the Legislation Revision and Publication Act 2002
13.1.2005
Pt 2
r 4
deleted by 177/2007 r 4
28.6.2007
r 7
r 7(1)
substituted by 177/2007 r 5(1)
28.6.2007
r 7(2)
varied by 177/2007 r 5(2), (3)
28.6.2007
r 7(3)
substituted by 177/2007 r 5(4)
28.6.2007
varied by 11/2010 r 19
1.2.2010
r 7(4)
deleted by 177/2007 r 5(4)
28.6.2007
Pt 3
r 9
r 9(3)
prescribed employment
varied by 177/2007 r 6
28.6.2007
r 11
varied by 2/2005 r 4(1)—(4)
13.1.2005
varied by 177/2007 r 7
28.6.2007
r 13
varied by 2/2005 r 5(1)—(4)
13.1.2005
varied by 177/2007 r 8
28.6.2007
Sch 1
substituted by 177/2007 r 9
28.6.2007
Historical versions
13.1.2005