Parliamentary Superannuation Regulations 2018 (SA)

South Australia Parliamentary Superannuation Regulations 2018 under the Parliamentary Superannuation Act 1974

Contents 1 Short title 2 Commencement 3 Interpretation 4 Additional contributions by PSS 3 members (section 14B of Act) 5 Prescribed offices and positions (section 19 of Act) 6 Right of non‑member spouse or legal representative to apply for commutation (section 23G of Act) 7 Commutation factors for non‑member spouse and legal representative (section 23G of Act) 8 Associate pension (section 23G of Act) 9 Procedure for payment of lump sum to non‑member spouse (section 23H of Act) 10 Procedure for payment of pension to non‑member spouse (section 23H of Act) 11 Additional invalidity/death insurance (section 36 of Act) Schedule 1—Factors for determination of associate pension Schedule 2—Revocation of Parliamentary Superannuation Regulations 2003 Legislative history

1—Short title These regulations may be cited as the Parliamentary Superannuation Regulations 2018. 2—Commencement These regulations come into operation on the day on which they are made. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Parliamentary Superannuation Act 1974. 4—Additional contributions by PSS 3 members (section 14B of Act) For the purposes of section 14B(4) of the Act, the prescribed amount is $50. 5—Prescribed offices and positions (section 19 of Act) The following offices and positions are declared to be prescribed offices and positions for the purposes of section 19 of the Act: (a) membership of the Parliament of the Commonwealth or of the Parliament of any State or Territory of the Commonwealth except South Australia; (b) an office by virtue of which the holder of the office is a Judge as defined by section 4 of the Judges' Pensions Act 1971; (c) judicial office established by the Commonwealth of Australia Constitution Act or by a law of the Commonwealth. 6—Right of non‑member spouse or legal representative to apply for commutation (section 23G of Act) (1) For the purposes of section 23G(2)(b) of the Act, a non‑member spouse who is entitled to have the whole of their share in a superannuation interest commuted to a lump sum must make the election in accordance with that section within 3 months of the operative time. (2) For the purposes of section 23G(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 for non‑member spouse and legal representative (section 23G of Act) The following table sets out commutation factors for— (a) a non‑member spouse who elects under section 23G(2)(b) of the Act to have their share of a superannuation interest commuted to a lump sum; and (b) the legal representative of a deceased non‑member spouse who elects under section 23G(7) of the Act to have a pension that the non‑member spouse was receiving, or was entitled to receive, commuted to a lump sum: