Tasmanian Consolidated Regulations

PUBLIC SECTOR SUPERANNUATION REFORM REGULATIONS 2017

- (S.R. 2017, NO. 11)

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Determination of preservation age
   5.      Application of regulations

   PART 2 - Administration

   6.      Functions and powers of Commission
   7.      Provision of information

   PART 3 - Fund

   8.      Operation of Fund
   9.      Investment of Fund
   10.     Actuarial investigations of Fund
   11.     Minister's guarantee
   12.     Accounts and records

   PART 4 - Membership, Contributions and Benefits of Contributory Scheme

           Division 1 - Preliminary

   13.     Calculation of salary sacrifice contributions

           Division 2 - Membership

   14.     Exemption from contributing
   15.     Commission may exempt persons from contributing to Fund
   16.     Exemption from contributing for certain permanent employees
   17.     Purchase of certain periods of service
   18.     Recognition of service prior to commencement day

           Division 3 - Contributions

   19.     Obligation of certain employees to contribute
   20.     Retrospective increase of rate of contributions
   21.     Commencement and cessation of contributions
   22.     Time and manner of paying contributions
   23.     Rates of contributions and related matters
   24.     Leave and compulsory superannuation contributions at contributor cost
   25.     Leave and optional superannuation contributions at contributor cost
   26.     Leave and optional superannuation contributions at full actuarial cost
   27.     Interest and contributions paid for taxation
   28.     Contributors' accounts
   29.     Deductions against contributors' accounts for death and disability cover

           Division 4 - Lump sum benefits

   30.     Interpretation of Division 4
   31.     Calculation of prospective service for contributors employed otherwise than full-time
   32.     Adjustment of service and salary for contributors employed otherwise than full-time
   33.     Benefit on early retirement of contributors
   34.     Benefit on redundancy or compulsory retirement
   35.     Savings for entitlements of certain contributors under Retirement Benefits Act 1982
   36.     Benefit for full benefits contributors on death, terminal medical condition or retirement due to total and permanent incapacity
   37.     Benefit for limited benefits contributors on death, terminal medical condition or retirement due to total and permanent incapacity
   38.     Benefit payable on resignation or dismissal of contributors
   39.     Benefit payable on death or retirement after retirement age
   40.     Preservation of contributions
   41.     Payment of preserved benefits
   42.     Minimum benefit for 2.5% contributors
   43.     Supplemental lump sum benefit payable in certain cases

           Division 5 - Interim pensions

   44.     Interim invalidity pensions
   45.     Interim pensions for surviving partners

           Division 6 - Prescribed arrangements

   46.     Declaration of prescribed arrangement
   47.     Application of prescribed arrangements to contributors

   PART 5 - Powers and Duties of Commission

           Division 1 - Compulsory preservation accounts and investment accounts

   48.     Establishment of compulsory preservation accounts
   49.     Establishment of investment accounts

           Division 2 - Payment of benefits

   50.     Time and manner of benefit payments
   51.     Release of preserved benefits
   52.     Early release of benefits
   53.     When Commission may make determination allowing early release of money
   54.     Payment if beneficiary incapable
   55.     Payment if beneficiary bankrupt
   56.     Unclaimed benefits

           Division 3 - Overdue contributions and overpayment of pensions

   57.     Recovery of overdue contributions and payments
   58.     Overpayment of pensions or benefits

   PART 6 - Pensions

   59.     Conversion of lump sum benefits to pensions
   60.     Payment of pensions if lump sum converted
   61.     Pension conversion factors
   62.     Pensions payable to surviving partners
   62A.    Provisional surviving partner pension
   63.     Half-yearly adjustments to pensions
   64.     Duration of pensions
   65.     Time and manner of payment of pensions
   66.     Right of certain pensioners to commute pensions to lump sum
   67.     Amounts of pensions to be rounded off
   67A.    Commission may make certain deductions from pensions

   PART 7 - Taxation, Preservation and Payment of Lump Sum and Pension Benefit Entitlements

   68.     Calculation of notional contributions surcharge amounts
   69.     Calculation of notional taxed contributions
   70.     Provision of information
   71.     When benefit entitlements become payable
   72.     Contributions and benefit entitlements subject to taxation
   73.     Provision of certain information by Commission
   74.     Establishment of surchargeable contributions debt account
   75.     Right of members to pay into surchargeable contributions debt accounts
   76.     Reduction of benefit entitlements

   PART 8 - Family Law (Splitting of Superannuation Interests)

   77.     Interpretation of Part 8
   78.     Application of Part 8
   79.     Objects of Part 8
   80.     Duty of Commission to give effect to splitting instruments under Family Law Act
   80A.    Commission to determine certain policies and procedures in respect of payment splits
   81.     Accounts for non-member spouse
   82.     Commutation of pension on death of non-member spouse
   83.     Effect of benefit under splitting instruments
   84.     Fees for administration of Part 8
   85.     Provision of information by Commission

   PART 9 - Financial

   86.     Determination of employer component of benefits
   86A.    Provision of proportion and periods for purposes of section 61(5) of Act
   87.     Payments to Fund by Minister
   88.     Payments to Fund in respect of benefits reduced under Part 7
   89.     Provision for certain State authorities
   90.     Provision for payments by the State
   91.     Apportionment of employer liability
   92.     Determination of interest rates

   PART 10 - Discretionary Powers of Commission

           Division 1 - Reduction in salary

   93.     Interpretation of Division 1
   94.     Reduction in salary of certain contributors

           Division 2 - Miscellaneous powers of Commission

   95.     Determination of questions arising under regulations
   96.     Power of Commission to determine invalidity
   96A.    Determination of terminal medical condition
   97.     Broken service
   98.     Medical examinations for entitlement to full benefits
   99.     Medical examinations for interim invalidity pensioners
   99A.    Reduction or suspension of interim invalidity pensions in certain cases
   100.    False or misleading information
   101.    Power of Commission to reinstate lost rights
   102.    Power of Commission to grant pensions or lump sums not in accordance with regulations

   PART 11 - Review of Commission's Decisions

   103.    Commission not subject to direction
   104.    Statutory hearing
   105.    Right to apply to Supreme Court for declaration as to validity
   106.    Appeal against decisions, determinations or orders of Commission

   PART 12 - Miscellaneous and Supplemental

   107.    Reduction or withholding of benefits
   108.    Pensions and benefits not assignable
   109.    Determination of surviving partner
   110.    Payment of benefits on death of Fund member
   111.    Duties of responsible officers and Commission to provide information
   112.    Contributors seconded to Commonwealth, another State, a Territory or private sector
   113.    Pensions and benefits not office of profit under Crown
   114.    Proof of service of notices and documents
   115.    Applications for pensions and lump sum payments
   115A.   Revocation of elections made by persons
   116.    Power of Commission to seek further information
   117.    Power of Commission to withhold payment of benefits
   118.    Savings and transitional provisions

   PART 13 - Tasmanian Ambulance Service Superannuation Scheme

           Division 1 - Preliminary

   119.    Interpretation of Part 13
   120.    Final average salary
   121.    Salary
   122.    Application of regulations to members

           Division 2 - Operation of Fund

   123.    Operation of the TASS Fund
   124.    Taxation provision account
   125.    Investment income reserve account

           Division 3 - Membership

   126.    Membership of TASS Scheme
   127.    Establishment of members’ accounts
   128.    Death and incapacity cover

           Division 4 - Contributions

   129.    Contributions
   130.    Obligations of members to contribute
   131.    Time and manner of paying contributions
   132.    Temporary absences
   133.    Part-time employment

           Division 5 - Benefits

   134.    Benefit payment standards
   135.    Transfer of benefit to RSA or complying superannuation scheme
   136.    Retirement benefit
   137.    Reductions in salary
   138.    Death benefit
   139.    Permanent incapacity
   140.    Temporary incapacity
   141.    Leaving service
   142.    Augmentation
   143.    Minimum benefit
   144.    Members whose date of admission is on or before 30 June 1996

           Division 6 - Financial provisions

   145.    Fixing of scheme earning rate
   146.    Time and manner of benefit payments
   147.    Taxation of contributions and lump sum benefits
   148.    Notional taxed contributions
   149.    Establishment of surchargeable contributions debt account
   150.    Provision of certain information to and by the Commission
   151.    Ambulance Service to provide Commission with certain information about members
   152.    Certificates

           Division 7 - General provisions

   153.    Payment on death or permanent incapacity
   154.    Making of elections, directions, claims or applications
   155.    Recovery of money owing to Scheme
   156.    Payment without grant of probate
   157.    Provision of information to Minister
   158.    Arrangements to be made for dealing with inquiries or complaints in relation to TASS Scheme

   PART 14 - State Fire Commission Superannuation Scheme

           Division 1 - Preliminary

   159.    Interpretation of Part 14
   160.    Meaning of salary
   161.    Meaning of service
   162.    Application of regulations to members

           Division 2 - Operation of SFCS Fund

   163.    Operation of SFCS Fund
   164.    Taxation provision account
   165.    Investment income reserve account

           Division 3 - Membership

   166.    Membership of SFCS Scheme
   167.    Establishment of members’ accounts
   168.    Death and incapacity cover

           Division 4 - Contributions

   169.    State Fire Commission superannuation contributions
   170.    Obligations of members to contribute
   171.    Time and manner of paying contributions
   172.    Leave of absence
   173.    Part-time employees

           Division 5 - Benefits

   174.    Benefit payment standards
   175.    Transfer of benefit out of scheme
   176.    Minimum benefit
   177.    Reductions in salary
   178.    Normal retirement benefit
   179.    Late retirement benefit
   180.    Early retirement benefit
   181.    Leaving the service
   182.    Entitlement to death or permanent incapacity benefit
   183.    Temporary incapacity pension
   184.    Former scheme benefit

           Division 6 - Financial provisions

   185.    Fixing of interest rates
   186.    Time and manner of benefit payments
   187.    Taxation of contributions and lump sum benefits
   188.    Notional taxed contributions
   189.    Establishment of surchargeable contributions debt account
   190.    Provision of information by Commission
   191.    Tasmania Fire Service to provide Commission with certain information about members
   192.    Scheme solvency certificates

           Division 7 - General provisions

   193.    Payment on death or permanent incapacity
   194.    Making of elections, directions, claims or applications
   195.    Recovery of money owing to Scheme
   196.    Payment without grant of probate
   197.    Provision of information to Minister
   198.    Arrangements to be made for dealing with inquiries or complaints in relation to SFCS Scheme
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3