S. 2(1) def. of contract officer inserted by No. 87/1992 s. 17(1)(a) (as amended by No. 97/1993 s. 46(2)(a)), substituted by No. 120/1994 s. 41(1)(a), amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 186.1). 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 (b) any person who— (i) is declared or deemed to be a contract officer; or (ii) is a member of a class of persons declared or deemed to be contract officers— by the Minister by instrument in writing for the purposes of this Act; S. 2(1) def. of contributor substituted by No. 94/2005 s. 27(1)(b). contributor means a member who is liable to make contributions under section 23; S. 2(1) def. of disability inserted by No. 10258 s. 10(b)(ii), amended by Nos 49/1992 s. 79(1)(a), 23/1994 s. 118 (Sch. 1 item 53.1(a)), substituted by No. 120/1994 s. 40. s. 2 disability, in relation to a member, means the permanent inability of the member before the age of 60 years due to a continuing or recurring injury, disease or infirmity— (a) to perform his or her duties; and (b) to perform any other duties for which he or she is suited by education, training or experience or for which he or she would be suited as a result of retraining— as determined by the Board on the basis of reports provided by at least 2 registered medical practitioners appointed by the Board;
S. 2(1) def. of employee amended by Nos 9400 s. 3(a), 9478 s. 2(a)(b), 9657 s. 2, 9921 s. 255, 9978 s. 3(1), 10258 s. 10(b)(iii) (A)–(D), 58/1987 s. 11(1)(a)(i) (A)–(D), 50/1988 s. 93(2)(Sch. 2 Pt 2 item 53) (as amended by No. 81/1988 s. 34(g)(h)), 87/1992 s. 17(1)(b) (as amended by No. 97/1993 s. 46(2)(a)), 50/1997 s. 11, 46/1998 s. 7(Sch. 1), 12/1999 s. 4(Sch. 2 item 12.1), 108/2004 s. 117(1) (Sch. 3 item 186.2). employee means— (a) any person in the service or employment of the Road Construction Authority other than— (i) an officer within the meaning of the interpretation of Officer in section 3(1) of the State Superannuation Act 1988; (ii) a person who declines or has declined to become an officer pursuant to that interpretation; s. 2 (b) any employee or person or class of employees or persons (other than Associates to Judges of the Supreme Court or Judges of the County Court) employed pursuant to the Public Administration Act 2004 other than— (i) a person who is an officer within the meaning of the State Superannuation Act 1988; or (ii) a member of a class of persons who are officers within the meaning of that Act; (c) any person who is not an officer within the meaning of the State Superannuation Act 1988 who holds any office— (i) under the Crown; or
S. 2(3)(b) amended by Nos 120/1994 s. 42(1)(2), 74/2000 s. 3(Sch. 1 item 115.1). (b) subject to paragraph (c), in the case of a person referred to in paragraph (b) of the definition of contract officer, salary means the salary for superannuation purposes specified in that person's contract of employment and notified in writing by the employer to the Board; or S. 2(3)(c) inserted by No. 120/1994 s. 42(2), amended by No. 24/2006 s. 6.1.2(Sch. 7 item 37.1). (c) if a person to whom paragraph (b) applies is a member of the Principal Class within the meaning of the Education and Training Reform Act 2006, the salary specified for the purposes of paragraph (b) must not exceed 823 percent of that person's remuneration package. S. 2(4) inserted by No. 87/1992 s. 17(2) (as amended by No. 97/1993 s. 46(2)(b)). (4) For the purposes of the definition of salary in subsection (1), if a member's salary is reduced then, unless the officer agrees in writing that the reduced salary applies, salary means the greater of— (a) the salary of the member immediately before the reduction; or (b) the actual salary. S. 2(5) inserted by No. 8/1999 s. 50(2), repealed by No. 94/2005 s. 27(2). * * * * * s. 2 S. 2(5A) inserted by No. 70/2003 s. 12. (5A) A person cannot become a member on or after the commencement of section 72 of the Public Sector Superannuation (Administration) Act 1993.
Ss 12–17 repealed. * * * * * s. 12 Pt 2 (ss 18, 19) amended by Nos 10258 s. 10(i)(i)(ii), 49/1992 s. 83, 82/1996 s. 52, 46/1998 s. 7(Sch. 1), 8/1999 s. 50(1)(e), repealed by No. 94/2005 s. 28. * * * * * _______________ 20 Part-time and intermittent service s. 20 S. 20(1) amended by Nos 9978 s. 4(1), 10258 s. 10(j)(i). (1) Subject to this section and section 21, this Act shall apply to and include a permanent employee who is employed on a basis which requires him to render— S. 20(1)(a) inserted by No. 9978 s. 4(1). (a) part-time service of at least fifteen hours in each week; or S. 20(1)(b) inserted by No. 9978 s. 4(1). (b) intermittent service of an average of at least fifteen hours in each week— and who during the qualifying period of service for that person becoming a permanent employee rendered— S. 20(1)(c) inserted by No. 10258 s. 10(j)(i). (c) in the case of a qualifying period of one year or more, an average service of at least 780 hours in each year; and
S. 21(1)(b) amended by No. 9400 s. 6(c)(d), substituted by No. 9478 s. 3(1), amended by No. 58/1987 s. 11(1)(c)(i). (b) becomes a permanent employee within a period of twelve months from the commencement of this Act or the joining date and who on or before a day three months from the day of becoming a permanent employee or on or before 1 June 1980 (whichever later occurs) does not elect not to contribute in accordance with the provisions of this Act; S. 21(1)(c) amended by Nos 9400 s. 6(e) (as amended by No. 9549 s. 2(1)(Sch. item 213)), 9478 s. 3(2)(a). (c) in the case of an employee within the meaning of paragraph (a), (b) or (c) of the interpretation of Employee in section 2, on or after 12 months after the commencement of this Act or the joining date becomes a permanent employee and has not at the time of becoming a permanent employee attained the age of 57 years; S. 21(1)(ca) inserted by No. 9478 s. 3(2)(b), repealed by No. 58/1987 s. 11(1)(c)(ii). * * * * * S. 21(1)(d) amended by No. 9400 s. 6(f) (as amended by No. 9549 s. 2(1)(Sch. item 213)). (d) after the commencement of this Act or the joining date becomes a permanent employee at age 57 years or more and who notifies the Board in writing within six months of becoming a permanent employee that he wishes to contribute in accordance with the provisions of this Act— and such permanent employees shall be members of the Fund and shall be deemed to be contributors for the purposes of the Act. S. 21(1A) inserted by No. 9400 s. 7, substituted by No. 9478 s. 3(3). s. 21 (1A) The Board may upon application by a permanent employee and at its own discretion— (a) extend the period of election for a person who at the commencement of this Act was a
(3) The contributions which any member is making shall not be reduced by reason only of any increase in the minimum wage. S. 23(4) amended by No. 40/2010 s. 49(1). (4) The liability to make contributions shall cease when a member ceases to be a permanent employee or reaches the age of 75 years (whichever first happens). S. 23(4A) inserted by No. 40/2010 s. 49(2). (4A) Despite subsection (4), a member may make contributions after he or she attains the age of 75 years if he or she is permitted to do so under Commonwealth superannuation law. S. 23(5) inserted by No. 9400 s. 9. s. 23 (5) Subject to subsection (6), the amount of contribution of the contributor shall be adjusted as at 1 March each year based on his salary as at that date and his contributions so adjusted shall be payable as from and inclusive of the first pay day on or after 1 May next following. S. 23(6) inserted by No. 9400 s. 9, amended by No. 10258 s. 10(n)(i). (6) Subject to subsection (7), where a contributor receives a reduced salary indefinitely or for a period of more than three months and the amount of contribution which he is required to pay becomes less than the amount of contribution that he was required to pay immediately before the reduction, he shall pay the lesser amount of contribution. S. 23(7) inserted by No. 10258 s. 10(n)(ii). (7) If for any reason other than misconduct a contributor receives a reduced salary indefinitely and the amount of contribution that the contributor is required to pay becomes less than the amount of contribution that the contributor was required to pay immediately before the reduction in salary, the contributor may, within 3 months after the first pay day on which the contributor is paid at the reduced rate of salary, elect to continue to contribute the same amount of contribution that
(c) deferred retirement benefits payable under section 38. S. 34AB inserted by No. 87/1992 s. 19. 34AB Exempt officers (1) A contributor who becomes an exempt officer is entitled up to the date of becoming an exempt officer to a deferred retirement benefit payable in accordance with section 38. (2) A benefit under this section— (a) must be indexed in accordance with section 43; and S. 34AB(2)(b) amended by No. 4/1996 s. 98. (b) must be preserved and is payable in accordance with the specified standards. S. 34AB(3) inserted by No. 95/2000 s. 16(1). (3) A member who is entitled to a deferred retirement benefit under subsection (1) may elect in writing to the Board to— (a) convert the entitlement to a present lump sum; and S. 34AB(3)(b) substituted by Nos 40/2004 s. 20(2), 37/2007 s. 21. (b) have the lump sum rolled over or transferred within the superannuation system as nominated by the member. S. 34AB(4) inserted by No. 95/2000 s. 16(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. S. 34B inserted by No. 9978 s. 7(2). 34B Employer to pay into Fund Where a member who is retrenched elects to receive a lump sum under paragraph (a) of section 34A and does not subsequently make a repayment under subsection (5) of section 21A, the Board may require the employer to pay into the fund a sum determined actuarially
with the deferred lump sum and interest thereon to the date of death at a rate determined by the Board; S. 38(3)(b) amended by No. 10258 s. 10(w)(iii), substituted by No. 120/1994 s. 45. (b) in respect of any child of the deceased member, a pension calculated as though the member was a contributor at the date of his or her death; or S. 38(3)(c) inserted by No. 10258 s. 10(w)(iii), 27/2001 s. 5(Sch. 3 item 4.3). (c) to the personal representative of the deceased member if the deceased member left no partner or child to whom paragraph (a) or (b) applied, the deferred lump sum and interest thereon to the date of death at the rate specified by the Board under section 37. S. 38(4) inserted by No. 10258 s. 10(w)(iv). (4) A person who resigns and under subsection (1) elects to be entitled to deferred retirement benefits may, within 6 months of resigning, cancel that election and that person shall thereupon be entitled to receive benefits payable under section 37. 39 Amount of lump sum and pension on retirement s. 39 S. 39(1) amended by No. 81/1988 s. 22(1)(c) (i)–(iii). (1) Subject to subsections (2) and (3), a member who at the time of his retirement is a contributor and has contributed continuously under the provisions of this Act for not less than 42 years of contributory service shall upon retirement at or after attaining 65 years be entitled to receive a lump sum equivalent to 42 times his adjusted final salary together with a pension equivalent to 35 per centum of such adjusted final salary. (2) Benefits payable to a member who retires after the age of 65 years shall be calculated as though he
S. 40(2)(a) amended by Nos 9978 s. 9(1), 10258 s. 10(x). (a) for pension entitlements, the period (if any) approved by the Board ending on 1 July 1980 or the period prior to four months after the joining date or prior to the date on which contributions become payable pursuant to section 24(7) (as the case requires) during which he was a permanent employee in continuous employment including any period during which the member was a contributor to the State Superannuation Fund and in respect of which the member is not entitled to a deferred benefit; and (b) for the lump sum entitlements, one-half of any such period— and the number of such years shall be calculated by deducting the number of years of continuous service under subsection (1) from his total years of service as a permanent employee. S. 40(2A) inserted by No. 9657 s. 11(2), substituted by No. 9752 s. 2, amended by Nos 81/1988 s. 22(1)(d)(vii), 24/2006 s. 6.1.2(Sch. 7 item 37.2). (2A) Service by an employee of— (a) a school council, school committee or other governing body (by whatever name called) of a school or the principal or other person in charge of a school; (b) an advisory council or other body (by whatever name called) performing advisory functions in connexion with a school; or (c) any other organization or committee which employs persons at the school to perform work other than teaching work— s. 40 prior to the day of incorporation of a school council for the school pursuant to section 2.3.2 of the Education and Training Reform Act 2006 shall be deemed to be service as an employee and shall be taken into account by the Board in
S. 44(1)(a) amended by Nos 110/1993 ss 150(2), 153(1), 27/2001 s. 5(Sch. 3 item 4.6). (a) to the partner of the deceased member during the life of the partner a pension of an amount equal to two-thirds of the pension which would have been payable on the deceased member attaining the age of 60 years if his adjusted final salary at the date of his death had been his adjusted final salary on that birthday and counting the years of service which would have been completed by that age; S. 44(1)(b) amended by Nos 110/1993 ss 150(2), 153(1), 27/2001 s. 5(Sch. 3 item 4.6). (b) to the partner of the deceased member a lump sum equal to the lump sum which would have been payable on the deceased member attaining the age of 60 years if his adjusted final salary at the date of his death had been his adjusted final salary on that birthday and counting the years of service which would have been completed by that age; S. 44(1)(c) substituted by No. 120/1994 s. 47(1), amended by No. 40/2010 s. 54(2). s. 44 (c) in respect of each of the children and adult children of the deceased member, a pension at the prescribed rate per annum. S. 44(2) amended by No. 110/1993 s. 153(1), repealed by No. 40/2010 s. 55. * * * * * S. 44(3) amended by No. 110/1993 s. 153(1). (3) On the death of a member after the age of 60 years the benefits shall be calculated as if he had retired immediately prior to the date of his death. (4) Notwithstanding anything to the contrary in this Part, a person shall not be entitled—
S. 44(9) inserted by No. 110/1993 s. 153(2). (9) Despite the amendment of this section by section 153(1) of the Public Sector Superannuation (Administration) Act 1993, no benefit calculated under this section shall be less than the benefit that would have been payable had the member died before that section came into operation. S. 45 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 4.7), amended by No. 40/2010 s. 56(1). 45 Benefits for partner, children and adult children on death of pensioner s. 45 (1) On the death of a pensioner, there shall be payable— S. 45(1)(a) substituted by No. 9978 s. 14(2) (as amended by No. 10087 s. 3(1)(Sch. 1 item 237)), amended by Nos 120/1994 s. 47(3), 27/2001 s. 5(Sch. 3 item 4.8). (a) to the partner of the deceased pensioner if he or she became the partner of the deceased pensioner before the retirement of the deceased pensioner, during the life of the partner a pension equal to— (i) two-thirds of the pension payable to the deceased pensioner at the time of his death; or (ii) in the case of a deceased pensioner who has under section 41A or section 42 converted part of his pension
S. 45(6) amended by No. 9978 s. 12(2)(a)(b), substituted by No. 120/1994 s. 47(6), amended by No. 27/2001 s. 5(Sch. 3 item 4.8). (6) If a person becomes the partner of a pensioner after the pensioner's retirement, a pension is not payable to the partner on the death of the pensioner unless— S. 45(6)(a) amended by Nos 27/2001 s. 5(Sch. 3 item 4.8), 40/2010 s. 56(4). (a) at the time that the person became the pensioner's partner, the pensioner was receiving or entitled to receive a disability retirement pension; or S. 45(6)(b) amended by No. 27/2001 s. 5(Sch. 3 item 4.8). (b) the person became the pensioner's partner at least 3 years before the pensioner's death. S. 45(7) amended by Nos 9400 s. 14, 10258 s. 10(za)(i)(ii), 120/1994 s. 47(7)(a), 27/2001 s. 5(Sch. 3 item 4.8), repealed by No. 40/2010 s. 57. * * * * * S. 45(8) amended by Nos 120/1994 s. 47(7)(b), 27/2001 s. 5(Sch. 3 item 4.8). (8) A person who becomes the partner of a pensioner after the retirement of the pensioner shall not be entitled to receive at the same time a pension as a surviving partner and as a former member, but so long as the partner would but for this subsection be entitled to both such pensions, the partner shall be entitled to receive whichever of the pensions is the greater.
(10) In determining whether an unreasonable detriment exists and the extent of that detriment— (a) the Board must act on the advice of the actuary, given either generally or in any specific case; and (b) the actuary must have regard to the following factors— (i) the receipt by a member of a post-June 1983 component of the benefit classified for the purposes of the tax law as a taxed element rather than as an untaxed element; and (ii) the rates of tax and the basis for its assessment under the tax law as at the date of commencement of this Act in respect of a benefit that becomes payable to a person aged 55 years or more; and (iii) any other matters the actuary considers relevant. S. 74CA inserted by No. 29/2000 s. 13. 74CA Surcharge debt account s. 74CA (1) The Board must establish and maintain a separate surcharge debt account for each contributor. (2) The Board must debit to a contributor's surcharge debt account— (a) any superannuation contributions tax paid or payable by the Board on contributions in respect of the contributor as a result of the operation of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 to discharge the liability imposed under that Act; and