S. 3(1) def. of child inserted by No. 82/1996 s. 71(1), amended by No. 27/2001 s. 5(Sch. 3 item 7.1(b)). child, in relation to a member, means a child of the member or of his or her partner, other than any child born more than 10 months after his or her death; S. 3(1) def. of complying fund inserted by No. 4/1996 s. 124(b). complying superannuation fund means a superannuation entity or a superannuation fund within the meaning of section 10 of the Commonwealth Superannuation Industry (Supervision) Act 1993 which is a complying superannuation fund or a complying approved deposit fund within the meaning of Part IX of the Commonwealth Income Tax Assessment Act 1936; s. 3 S. 3(1) def. of contract officer inserted by No. 87/1992 s. 20(1)(a), substituted by No. 120/1994 s. 72(1)(a), amended by Nos 46/1998 s. 7(Sch. 1), 84/1998 s. 51(1), 108/2004 s. 117(1) (Sch. 3 item 210.1). contract officer means— (a) an executive within the meaning of section 4(1) of the Public Administration Act 2004 employed under a contract of employment under that Act, other than an exempt officer; or (aa) any person who— (i) is declared or deemed to be a person to whom subsection (3)(a) applies; or (ii) is a member of a class of persons declared or deemed to be persons to whom subsection (3)(a) applies— by the Minister by instrument in writing; or
S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 5(Sch. 3 item 7.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 61.1), amended by No. 4/2009 s. 37(Sch. 1 item 27.1). domestic partner of a person means— (a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or (b) a person to whom the person is not married but with whom, in the opinion of the Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender); S. 3(1) def. of eligible contribution inserted by No. 78/2004 s. 16. eligible contribution means the Government cocontribution payable under the Superannuation (Government Cocontributions for Low Income Earners) Act 2003 of the Commonwealth that the Commissioner of Taxation determines under that Act is to be paid to the Fund or to the person; S. 3(1) def. of eligible member inserted by No. 78/2004 s. 16. eligible member means a member who is a person in respect of whom a Government cocontribution is payable in accordance with section 6 of the Superannuation (Government Co-contributions for Low Income Earners) Act 2003 of the Commonwealth; s. 3 S. 3(1) def. of eligible member account inserted by No. 78/2004 s. 16. eligible member account means the account established under section 28A; S. 3(1) def. of eligible salary sacrifice contributor inserted by No. 40/2004 s. 42. eligible salary sacrifice contributor means a member in respect of whom a declaration is in force under section 3A;
S. 3(1) def. of occupational standards inserted by No. 49/1992 s. 96(1)(b), repealed by No. 4/1996 s. 124(d). s. 3 * * * * * S. 3(1) def. of partner inserted by No. 27/2001 s. 5(Sch. 3 item 7.1(a)), substituted by No. 40/2010 s. 98(1). partner of a person means the person's spouse or domestic partner; prescribed means prescribed by the regulations; S. 3(1) def. of registered medical practitioner inserted by No. 23/1994 s. 118(Sch. 1 item 58.1(b)), amended by No. 97/2005 s. 182(Sch. 4 item 52), substituted by No. 13/2010 s. 51(Sch. item 57). registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 3(1) def. of resignation substituted by No. 82/1996 s. 71(2). resignation means the termination of service (however expressed) other than by reason of death, disability or retrenchment of a member before he or she has attained the minimum age for retirement; S. 3(1) def. of retrenchment amended by No. 72/1990 s. 12(b)(i)(ii), substituted by No. 87/1992 s. 20(1)(d). retrenchment means the termination of the service of an employee who has not attained the minimum age for retirement in respect of whom a transport authority certifies in writing to the Board that the employee has been retrenched for the purposes of this Act;
S. 3(1) def. of RSA inserted by No. 40/2004 s. 41(1). RSA means a retirement savings account within the meaning of the Commonwealth Retirement Savings Accounts Act 1997; salary means the pecuniary emoluments payable to a member as prescribed; service means service or employment as a member within the meaning of this Act and in relation to any qualifying period of service includes any service or employment recognised by the Board; S. 3(1) def. of specified standards inserted by No. 4/1996 s. 124(e). specified standards means standard specified under section 53; S. 3(1) def. of spouse substituted by Nos 120/1994 s. 70(b), 27/2001 s. 5(Sch. 3 item 7.1(d)). spouse of a person means a person to whom the person is, or was at the time of the person's death, married; s. 3 S. 3(1) def. of State Fund inserted by No. 94/2005 s. 51(1)(c). State Superannuation Fund means the Superannuation Fund established under the Superannuation Act 1925 and continued under the State Superannuation Act 1988 as the State Superannuation Fund and as in existence immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005; S. 3(1) def. of system inserted by No. 37/2007 s. 46. superannuation system has the same meaning as it has in regulation 5.01(1) of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth;
S. 3(5) inserted by No. 27/2001 s. 5(Sch. 3 item 7.2), substituted by No. 12/2008 s. 73(1)(Sch 1 item 61.2). (5) For the purposes of the definition of domestic partner in subsection (1)— S. 3(5)(a) amended by No. 4/2009 s. 37(Sch. 1 item 27.2(a)). (a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and S. 3(5)(b) amended by No. 4/2009 s. 37(Sch. 1 item 27.2(b)). (b) in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case. S. 3(6) inserted by No. 40/2010 s. 98(2). (6) The definition of partner as substituted by section 98(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the determination by the Board of an entitlement arising under this or any other Superannuation Act within the meaning of section 3(1) of the Emergency Services Superannuation Act 1986 on or after the commencement of the substituting section. S. 3A inserted by No. 40/2004 s. 43. 3A Declaration of eligible salary sacrifice contributors s. 3A The Minister may by notice published in the Government Gazette declare— (a) a member to be an eligible salary sacrifice contributor from the date specified in the notice; or
S. 27(2)(d) substituted by No. 120/1994 s. 74. (d) as a fixed amount; or S. 27(2)(e) inserted by No. 120/1994 s. 74. (e) by any combination of the methods specified in paragraphs (a), (b), (c) and (d). (3) The Board may make separate determinations for any particular transport authority. S. 27(4) inserted by No. 4/1996 s. 128. (4) If a transport authority does not within 14 days after an amount has become payable pay the whole of that amount to the Board, the transport authority must pay interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 on the amount remaining unpaid from the date on which it becomes payable until the date on which it is paid to the Board. S. 27(5) inserted by No. 4/1996 s. 128. (5) In this section, transport authority means— (a) a transport authority within the meaning of the definition of transport authority in section 3(1); and (b) any other person, authority or body declared by the Minister by notice published in the Government Gazette to be a transport authority in respect of an employee, pensioner or beneficiary. S. 27(6) inserted by No. 4/1996 s. 128. (6) The Minister may by notice published in the Government Gazette declare a class or classes of transport authority for the purposes of subsection (5). s. 28 28 Contributions by members (1) A member must make contributions to the Fund at a rate specified in the following Table at the election of the member:
S. 34A inserted by No. 87/1992 s. 21. s. 33 34A Exempt officers (1) A member who becomes an exempt officer is entitled up to the date of becoming an exempt officer to a deferred lump sum equal to his or her accrued retirement benefit. (2) A benefit under this section— (a) must be indexed in accordance with section 46; and S. 34A(2)(b) amended by No. 4/1996 s. 131(1). (b) must be preserved and is payable in accordance with the specified standards. S. 34A(3) inserted by No. 95/2000 s. 21(1). (3) A member who is entitled to a deferred benefit may elect in writing to the Board to— (a) convert the entitlement to a present lump sum; and S. 34A(3)(b) substituted by Nos 40/2004 s. 41(2), 37/2007 s. 50. (b) have the lump sum rolled over or transferred within the superannuation system as nominated by the member. S. 34A(4) inserted by No. 95/2000 s. 21(1). (4) The method of calculating the conversion under subsection (3) is to be determined by the Minister on the advice of an actuary appointed by the Board. 35 Benefit on resignation s. 35 S. 35(1) amended by No. 110/1993 s. 129(2)(d). (1) If a member resigns, he or she is entitled to— (a) a cash benefit equal to the amount of contributions paid by him or her and interest at the prescribed rate; and (b) a deferred benefit equal to— (i) 3 per cent of final average salary for each year of service after 1 September 1987; and