State Public Service Superannuation Act 1985 (NSW)

State Public Service Superannuation Act 1985 No 45

An Act to constitute the State Public Service Superannuation Board and to establish and provide for the investment and administration of the State Public Service Superannuation Fund; to provide a superannuation scheme for certain employees of the Government and of certain other employers; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the State Public Service Superannuation Act 1985.

2 Commencement (1) Parts 1, 2, 6, (section 36 (4) excepted) and 7, and Schedules 2, 3, 4, 5 and 6 shall commence on the date of assent to this Act. (2) (Repealed) (3) Except as provided by subsections (1) and (2), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 Persons not subject to Act Schedule 4 has effect.

3A Closure of scheme to new entrants Notwithstanding any other provision of this Act (including section 54), an employee's election to contribute to the Fund is not operative unless the election is or was lodged: (a) in the case of a person who became an employee before 1 February 1988—before 1 April 1988, or (b) in the case of a person who became an employee between 1 February 1988 and 31 March 1988 (both dates inclusive)—not later than 2 months after the person became an employee.

4 Transitional provisions Schedule 6 has effect.

5 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: adjustment date means the date specified in an order under section 15 as the date in each year that is the adjustment date for the purposes of this Act. administration levy means the amount of a contributor's share of management costs calculated in accordance with the Superannuation Administration Act 1996. applicable superannuation period has the meaning ascribed thereto in section 25. appointed day means the day appointed and notified under section 2 (3). attributed salary, in relation to a contributor at any time, means: (a) where the contributor is a full-time employee at that time—the salary of the contributor at that time, or (b) where the contributor is a part-time employee at that time—the salary that would be payable to the contributor at that time if employed as a full-time employee, as certified by the contributor's employer. benefit means benefit payable under this Act. Board means the SAS Trustee Corporation continued under the Superannuation Administration Act 1996. contributor means an employee whose election to contribute to the Fund has taken effect. contributor's account means the account established and maintained under section 9 (2) in respect of the contributor. contributor's component has the meaning ascribed thereto in section 25. discharge, in relation to a contributor, means the cessation of the contributor's employment with an employer expressed by the employer to be on the ground that the period, or successive periods, for which the contributor was employed has or have ended. employee means a person (other than an excluded person referred to in Schedule 4) who is employed by an employer and is the subject of a certificate by the employer to the effect that, for the time being, the person: (a) is employed by the employer under a contract of employment, (b) is so employed otherwise than on a casual or temporary basis, (c) if the regulations prescribe a class of persons as not being employees—is not within that class (specifying the class), and (d) if the regulations prescribe any requirement with which a person must comply in order to be an employee—complies with the requirement (specifying the requirement). employer means: (a) the Government of New South Wales, or (b) an authority specified in Schedule 3, and a reference to employment with an employer includes a reference to employment with successive employers. employer-financed benefit, in relation to a contributor, means: (a) an employer's component payable to, or in relation to, the contributor under Part 5, (b) a benefit payable to the contributor under section 32 (2) (b), or (c) a benefit (including interest) payable to, or in relation to, the contributor under section 34 (5) (b), whichever is applicable and, where the supplementary benefit is payable to, or in relation to, the contributor, includes an amount equal to 75 per cent of the supplementary benefit. employer's account means the account established and maintained under section 9 (4) in respect of the employer. employer's component has the meaning ascribed thereto in section 25. entry date, in relation to a contributor, means the date as at which the contributor's election to contribute to the Fund took effect, that election being: (a) the only such election made by the contributor, or (b) where the contributor made more than one such election—the later or latest of those elections, an election made by the contributor for the purposes of section 18 (resumption of contributions after break in employment) or section 19 (resumption of contributions after preservation of benefit) being disregarded. exit date, in relation to a contributor, means the day on which the contributor ceases employment with an employer, that cessation of employment being: (a) the only such cessation of employment of the contributor, or (b) where there has been more than one such cessation of employment of the contributor—the later or latest of them, any cessation of employment following which the contributor again commenced employment with an employer as referred to in section 18 (resumption of contributions after break in employment) or section 19 (resumption of contributions after preservation of benefit) being disregarded. final contribution date, in relation to a contributor, means the last day of the superannuation period that ends on, or last precedes, the contributor's exit date in respect of which the contributor is liable to contribute to the Fund. financial year means the financial year of the Board specified in section 45. first contribution date, in relation to a contributor, means the first day of the superannuation period referred to in section 14 (a). full-time employee means an employee who is not a part-time employee. Fund means the State Public Service Superannuation Fund established, maintained and administered by the Board in accordance with this Act. maximum benefit points has the meaning ascribed thereto in section 25. part-time employee means an employee certified under section 12 (2) to be a part-time employee. preserved benefit, in relation to a contributor, means a benefit for which the contributor has made provision under section 34. prospective benefit points has the meaning ascribed thereto in section 25. regulations means regulations made under, or for the purposes of, this Act. retire includes cease (otherwise than by reason of death) in any manner to be employed by an employer. retrenchment, in relation to a contributor, means the termination of the employment of the contributor with an employer where the employment is expressed by the employer to be: (a) compulsorily terminated by the employer on the ground that: (i) the employer no longer requires the contributor's services and, on termination of the contributor's employment, does not propose to fill the contributor's position, (ii) the work which the contributor was engaged to perform has been completed, or (iii) the amount of work that the employer required to be performed has diminished and, due to that fact, it has become necessary to reduce the number of employees employed by the employer, or (b) terminated as a result of the acceptance by the contributor of an offer by the employer of terms of retrenchment made on a ground specified in paragraph (a). review date means the date specified in an order under section 15 as the date in each year that is the review date for the purposes of this Act. salary, in relation to a contributor, means salary of the contributor, determined in accordance with section 6 and expressed as an annual rate. salary ratio, in relation to a contributor at any time, means the number ascertained by dividing the salary of the contributor at that time by the attributed salary of the contributor at that time. superannuation period means a period commencing on and including a date specified in Column 2 of Schedule 5 and ending on and including the date specified opposite thereto in Column 3 of that Schedule. superannuation scheme means a retirement scheme, fund or arrangement (whether or not established by an Act) to or in respect of which an employer or a public or local authority constituted by an Act makes, or is liable to make, a payment in respect of a person who retires from the service of the employer or authority, whether or not any other payment may be made under the scheme, fund or arrangement on the occurrence of an event other than retirement. supplementary benefit has the meaning ascribed thereto in section 25. supplementary levy means the levy that, in order to attract the supplementary benefit, is paid by transfer from a contributor's account under section 13 (7) (b). this Act includes regulations. union means an industrial union registered as such under the Industrial Arbitration Act 1940, or an association of employees registered as an organization under the Conciliation and Arbitration Act 1904 of the Commonwealth as subsequently amended. (2) Where a contributor is in part-time employment with more than one employer at the same time, this Act applies to the contributor separately in relation to each employment as if, in relation to each employment, the contributor were a different person, except that the maximum benefit points for the contributor when taken into account in relation to all employments of the contributor shall not exceed in number the number that would have been the number of the contributor's maximum benefit points if the contributor had been a full-time employee. (3) A reference in this Act: (a) to a function includes a reference to a power, authority and duty, and (b) to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. (4) (Repealed)