Southern State Superannuation Regulations 2009 (SA)

South Australia Southern State Superannuation Regulations 2009 under the Southern State Superannuation Act 2009

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Police members 5 Spouse members 6 Employment matters 7 Employer contribution percentage Part 2—Membership, accounts and contributions Division 1—Members Subdivision 1—Membership 8 Purpose of Subdivision 9 Membership 10 Election by contributor to State Scheme 11 Contributors to State Scheme 12 Salary sacrifice by members of certain schemes 13 Salary sacrifice by members of Police Superannuation Scheme 13A Members of Parliamentary Superannuation scheme 13B Members of Super SA Select 14 Duration of membership 15 Members to whom section 21 does not apply Subdivision 2—Accounts 16 Contribution, co‑contribution and rollover accounts Subdivision 3—Contributions 17 Contributions (section 20 of Act) 18 Prescribed rate of contributions (section 20 of Act) 19 Other contributions (section 20 of Act) Division 2—Spouse members 20 Purpose of Division 21 Interpretation 22 Spouse contributions splitting (section 20 of Act) 23 Other contributions for spouse members (section 20 of Act) 24 Spouse members and spouse accounts (section 19 of Act) 25 Amalgamation of accounts Part 2A—Portability and fund selection Division 1—General 25A Definitions (section 21A of Act) 25B Transfer of funds (section 21B of Act) 25C Exclusion from operation of section 21C of Act 25D Employer obligations (section 21E of Act) 25E Matters affecting eligibility of funds (section 21F of Act) 25F Commencement of membership if direction given under section 21G of Act 25G Fund selection takes effect when first contribution made Division 2—Insurance and income protection 25H Operation of insurance and income protection provisions 25I Effect of fund selection on entitlement to insurance and income protection Part 3—Insurance and investment Division 1—Preliminary 26 Purpose of Part 27 Interpretation Division 2—Members Subdivision 1—Default invalidity/death insurance 28 Default invalidity/death insurance Subdivision 2—Additional invalidity/death insurance 29 Interpretation 30 Application for additional invalidity/death insurance 31 Additional invalidity/death insurance for prescribed members Subdivision 3—Amount of insurance benefits and premiums 34 Amount of invalidity/death insurance benefits and amount of premiums 35 Voluntary reduction or cessation of invalidity/death insurance 35A Application for insurance following decrease or cessation of insurance Subdivision 4—Income protection 36 Disability pension 36AA Application for disability pension 36AAB Amount of pension 36AAC Matters affecting entitlement to pension 36AAD Duration of disability pension 36AAE Miscellaneous 36A Notional salary 36B Maximum level of income protection 37 Exemption from ambit of regulation 36 37A Applications for income protection 38 Persons not entitled to disability pension Subdivision 4A—Special disability pension for police officers 38A Police disability pension 38B Members of Police Superannuation Scheme 38C Administrative charges and reimbursement of Fund Subdivision 5—Payment of premiums 39 Payment of premiums by members Division 3—Spouse members—death insurance 40 Application for death insurance 41 Variation of death insurance 42 Amount of death insurance benefits and amount of premiums 43 Payment of premiums by spouse members Division 4—Post retirement investment and invalidity/death insurance Subdivision 1—Preliminary 44 Interpretation Subdivision 2—Post retirement investment 45 Post retirement investment Subdivision 3—Post retirement insurance 46 Post retirement invalidity and death insurance 47 Terms and conditions Division 5—General 49 Application for insurance 50 Application to decrease level of insurance 51 Financial statements Part 4—Superannuation benefits Division 1—Members Subdivision 1—Preliminary 52 Interpretation Subdivision 2—Members (other than PSS 3 members) 52A Application of Subdivision 53A Early access to superannuation benefits in case of severe financial hardship or on compassionate grounds 54 Retirement 55 Resignation 56 Benefits payable to overseas residents 56A Rollover of certain components 57 Retrenchment 58 Invalidity or terminal illness 59 Death of member 59A Special benefit for members aged 65 or over 60 Commutation to pay deferred superannuation contributions surcharge 61 Commutation to pay deferred superannuation contributions surcharge following death 62 Withheld amount 62AA Payment of Division 293 tax 62AAB Excess non-concessional contributions Subdivision 3—PSS 3 members 62A Interpretation 62B Retirement of PSS 3 member at or above age 55 62C Cessation of membership of PSS 3 member before age 55 62D Preservation of components 62E Invalidity 62F Death of PSS 3 member Division 2—Spouse members 63 Benefits for spouse members 63A Early access to superannuation benefits in case of severe financial hardship or on compassionate grounds Part 5—Family Law Act provisions 64 Purpose of this Part 65 Interpretation 66 Non‑member spouse entitlement 67 Payment of lump sum 68 Effect on member's entitlement 69 Lump sum not payable to spouse on death of member if split has occurred 70 Board to comply with Commonwealth requirements 71 Provision of information 72 Payment from contribution account in name of non‑member spouse 73 Fees Part 6—Miscellaneous 73A Medical information for invalidity and terminal illness benefits 74 Division of benefit where deceased member or spouse member is survived by lawful and putative spouse 75 Payment in case of death 76 Liabilities may be set off against benefits 77 Annuities 78 Information to be given to certain members 79 Inactive low balance and lost member accounts 80 Voluntary payments by Board to Commissioner of Taxation Schedule 1—Invalidity/death insurance benefits Schedule 2—Death insurance benefits Schedule 3—Transitional provisions Part 1—Transitional provisions operating from commencement of these regulations 2 Members previously entitled to future service benefit 3 Visiting medical officers 4 Transitional arrangement for certain police members (Schedule 1 clause 12) 5 Application for disability pension 6 Restrictions on payment of disability pension for certain members 7 Continuation of disability pension for certain members 8 Post retirement investment 9 Conditions of insurance Part 2—Transitional provisions operating from commencement of Southern State Superannuation (Insurance) Variation Regulations 2017 Division 1—Interpretation 10 Interpretation 11 Application of Part Division 2—Invalidity/death insurance Subdivision 1—General 12 Application of Schedule Subdivision 2—Members 13 Continuation of basic invalidity/death insurance held by members before commencement day 14 Continuation of voluntary invalidity/death insurance held by members before commencement day 15 Eligibility for invalidity benefits (members) 16 Application of earlier transitional provisions in relation to certain members 17 Visiting medical officers 18 Suspension of insurance to continue Subdivision 3—Spouse members 19 Application of Subdivision 20 Continuation of voluntary invalidity/death insurance held by spouse members before commencement day Subdivision 4—Public sector superannuation beneficiaries and their spouses 21 Application of Subdivision 22 Eligibility for invalidity benefits Subdivision 5—Fixed insurance cover 23 Continuation of fixed invalidity/death insurance cover held by members before commencement day 24 Continuation of fixed death insurance cover in limited circumstances (spouse members) 25 Continuation of fixed invalidity/death insurance (public sector superannuation beneficiaries and their spouses) Subdivision 6—Invalidity/death insurance benefits—fixed insurance cover (closed) Division 3—Income protection 26 Members over 60 on commencement day 27 Contribution replacement benefit 28 Waiting period 29 Eligibility for disability pension 30 Conditions of income protection to continue 31 Notional salary and automatic acceptance limit 32 Maximum salary income protection cap Legislative history