Police Superannuation Regulations 2017 (SA)

South Australia Police Superannuation Regulations 2017 under the Police Superannuation Act 1990

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Commutation 4 Interpretation of Part 5 Right to apply for commutation 6 Right of non-member spouse or legal representative to apply for commutation 7 Commutation factors 8 Restriction on commutation 9 Adjustment of commutation factors 10 Rounding of lump sum Part 3—Non-member spouse entitlements 11 Procedure for payment of lump sum 12 Procedure for payment of pension 13 Associate pension Part 4—General 14 Salary 15 Inclusion of allowance as component of salary 16 Salary (contract under section 13 or 16 of Police Act 1998) 16A Salary where contributor on secondment 17 Prescribed body 18 Fund's share of administrative costs 19 Restriction on retirees under 55 20 Period of notice 21 Notice to Board on invalidity 22 Minimum pension payable to eligible children 23 Payment in case of pensioner who is incompetent 24 Employment of medical practitioner Schedule 1—Factors for determination of associate pension Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Police Superannuation Regulations 2017. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Police Superannuation Act 1990; South Australian Police Superannuation Scheme or Scheme means the scheme of superannuation established by the Act and (where the context admits) includes the scheme of superannuation established by a corresponding previous enactment.

Part 2—Commutation 4—Interpretation of Part For the purposes of this Part, a pensioner's annual pension is the pensioner's fortnightly pension multiplied by 313 and divided by 12. 5—Right to apply for commutation (1) Subject to this Part— (a) a contributor who is entitled to a retirement pension, or who is in receipt of an invalidity pension and has reached the age of 55 years, may apply to the Board for commutation of the whole or a part of the pension; and (b) a contributor who is in receipt of a retrenchment pension and has reached the age of 55 years may apply to the Board for commutation of 50% of the pension; and (c) the spouse of a deceased contributor who is entitled to a pension may apply to the Board for commutation of the whole or a part of the pension, in accordance with this regulation. (2) Subject to subregulation (3), an application for commutation of a retirement pension must be made within 3 months after retirement and an application for commutation of an invalidity pension or a retrenchment pension must be made within 3 months after the pensioner reaches the age of 55 years. (3) If a contributor is unable to apply for commutation of a pension in accordance with subregulation (2) because the pension is suspended, the contributor may apply for commutation of the pension within 3 months after the pension ceases to be suspended. (4) If— (a) part only of an invalidity pension or a retrenchment pension is available to a contributor because the pension is reduced under section 40 of the Act; and (b) the contributor has commuted the whole, or a part, of that part of the pension, the contributor may, in accordance with this Part, within 3 months after the contributor reaches the age of 60 years, commute the whole or a part of the part of the pension previously denied to the contributor because of the reduction. (5) Subject to subregulation (6), an application for commutation of a pension payable to a spouse must be made within 6 months after the death of the contributor. (6) If a spouse of a contributor is unable to apply for commutation of a pension in accordance with subregulation (5) because the pension is suspended, the spouse may apply for commutation of the pension within 3 months after the pension ceases to be suspended. (7) If— (a) part only of a pension is available to the spouse of a contributor because the pension is reduced under section 40 of the Act; and (b) the spouse has commuted the whole, or a part, of that part of the pension, the spouse may, within 3 months after the spouse first becomes entitled to the other part of the pension, commute the whole or a part of it in accordance with this Part. (8) A contributor who is entitled to an invalidity pension may apply to the Board within 3 months after termination of employment for commutation of 20% or less of the pension. (9) An application under subregulation (8) does not prejudice the right of the contributor to apply for a further commutation under subregulation (1) on reaching the age of 55 years. (10) The Board may extend the time within which a person may apply for commutation of a pension if, in the Board's opinion, the person was not at fault in failing to apply within the time prescribed by this regulation. (11) The Board must commute the pension within 1 month after receiving the application and must pay the lump sum within 14 days after commutation. 6—Right of non-member spouse or legal representative to apply for commutation (1) For the purposes of section 38S(2)(b) of the Act, non-member spouses who are entitled to have the whole of their share in a superannuation interest commuted to a lump sum must make their election in accordance with that section within 3 months of the operative time. (2) For the purposes of section 38S(7) of the Act, if a non-member spouse dies while entitled to, or in receipt of, a pension under that section (other than an associate pension), an election by the non-member spouse's legal representative for the pension to be commuted to a lump sum must be made within 6 months of the non-member spouse's death. 7—Commutation factors The following tables set out commutation factors: (a) in the case of a contributor on retirement—