(1)  In this Part, unless the contrary intention appears –

Ambulance Service means the Ambulance Service as defined in the Ambulance Service Act 1982 ;

award means –

(a) an agreement that is certified, or an award that is made, on or after 1 July 1986; and

(b) any arrangement which the Ambulance Service and the Board agreed, before the commencement of the Act, is to be treated as an award; and

(c) any other arrangement which the Ambulance Service and the Commission agree, from time to time, is to be treated as an award;

benefit means any entitlement paid, or authorised to be paid, by the Commission out of the TASS Fund under these regulations to, or in respect of, a member, less the amount, if any, of Commonwealth taxation that is deducted from the entitlement in accordance with law;

composite salary means composite salary or wages (excluding overtime) as defined in the relevant award;

compulsory contributions means –

(a) contributions the Ambulance Service makes for a member to the TASS Scheme under an award; and

(b) contributions the Ambulance Service makes for a member for the purpose of avoiding any superannuation guarantee charge;

date of admission , in relation to a member, means the date on which the member became a member of the former superannuation scheme;

day worker means an employee whose ordinary weekly hours of work are performed within the days Monday to Friday inclusive;

employee means any person in service other than a person who, under section 37 of the Act, is not entitled to be a member of the TASS Scheme;

employer contributions means contributions paid to the TASS Scheme by the Ambulance Service in accordance with regulation 129 and includes contributions paid in respect of a member by the Ambulance Service in accordance with regulation 130(6) and any contributions paid by the Ambulance Service under the former superannuation scheme, the TASS Trust Deed or a former trust deed;

final average salary , in relation to a member, has the meaning it has in regulation 120 ;

former shiftworker means a member –

(a) whose employment status has changed from shiftworker to day worker; and

(b) who elected at the date of the change in the member’s employment status to be classified as a former shiftworker for the purposes of the TASS Trust Deed, a former trust deed or these regulations; and

(c) who had served at least 20 years of service as a shiftworker; and

(d) who had attained the age of 55 years at the time of the change in the member’s employment status, unless the Ambulance Service and the Commission agree to waive this requirement; and

(e) who is contributing at the rate of 5% of the member’s equivalent composite salary;

former superannuation scheme means the Ambulance Service Superannuation Scheme established, by the Ambulance Commission, of Tasmania under the Ambulance Act 1959 and administered by the former Trustee before 30 June 2006;

former trust deed means a trust deed, other than the TASS Trust Deed, entered into by the Ambulance Commission for the purposes of the TASS Scheme;

incapacity means permanent incapacity or temporary incapacity;

member means a person to whom regulation 126 applies and who retains an interest in the TASS Fund in accordance with these regulations;

member contributions means contributions paid in accordance with regulation 130 ;

normal retirement date , in relation to a member, means the day on which the member attains the age of 65 years;

part-time employment means employment for less time per week than the standard time per week which is applicable to the member’s occupation by reason of –

(a) an award; or

(b) a condition of employment specified by the Ambulance Service (disregarding overtime or similar arrangements);

permanent incapacity , in relation to a member –

(a) means totally and permanently disabled, or suffering total and permanent disablement, or any corresponding term as defined in an insurance policy, continued or effected by the Commission, which provides benefits on disablement and is a policy under which the member is insured, and includes any period of absence stipulated in the policy; or

(b) if there is no such insurance policy in respect of the member, has the meaning determined by the Commission and notified to the members from time to time;

reorganisation of the Ambulance Service includes any amalgamation, merger, reconstruction, arrangement, or takeover, involving the Ambulance Service;

required payment date , in relation to a member, means the date at which the member’s benefit must be paid, or begin to be paid, under law;

retrenchment , in relation to a member, means the termination by the Ambulance Service of the employment of the member before the normal retirement date for any of the following reasons:

(a) the work for which the member was engaged has been completed;

(b) the position for which the member was engaged has ceased to exist and the member’s services are no longer required;

(c) the amount of work to be carried out by the Ambulance Service has diminished and has rendered necessary or expedient a reduction in the number of employees;

(d) as a result of the reorganisation of the Ambulance Service, or rearrangement of staff for business policy reasons, the member’s services have become redundant –

if, in the opinion of the Commission, the Ambulance Service has not offered comparable alternative employment to the member;

salary  – see regulation 121 ;

scheme earning rate means –

(a) in respect of contributions made, or taken to be made, before 1 July 1990 – the rate of 10% per annum from 1 July 1987 (or the date on which the contribution was made, if that date is after 1 July 1987) to and including 30 June 1990; and

(b) in respect of contributions made, or taken to be made, on and from 1 July 1990 (or the date on which the contribution was made, if that date is after 1 July 1990) to and including 30 June 2006 – the rate declared as scheme earning rates under the provisions of the former superannuation scheme; and

(c) in respect of contributions made, or taken to be made, on and from 1 July 2006 and before the day on which this Part commences – the rate determined under subclause 8.1.1 of the TASS Trust Deed; and

(d) in respect of contributions made, or taken to be made, on and from the day on which this Part commences – the rate determined under regulation 145(1) ;

service means actual employment or appointment (counted in years and complete months) to perform functions for the purposes of the Ambulance Service Act 1982 , in respect of which the member receives salary and includes any period during which the member suffers a temporary incapacity;

shiftworker means an employee whose ordinary weekly hours of work are performed in accordance with a roster that regularly includes Saturdays, Sundays and public holidays;

superannuation guarantee charge means a charge or tax imposed on employers for not making certain superannuation contributions or providing certain superannuation benefits;

TASS Fund means the assets and liabilities of the TASS Scheme continued under the Act and administered by the Commission as a subfund of the Fund;

TASS Scheme means the scheme continued under section 36 of the Act;

TASS Trust Deed means the Trust Deed terminated by section 35 of the Act;

temporary incapacity , in relation to a member –

(a) means totally and temporarily disabled, or suffering total and temporary disablement, or any corresponding term as defined in an insurance policy, continued or effected by the Commission, which provides benefits on disablement and is a policy under which the member is insured, and includes any period of absence stipulated in the policy; or

(b) if there is no such insurance policy in respect of the member, has the meaning determined by the Commission and notified to the members from time to time;

transferring member means any person who immediately before 30 June 2006 –

(a) was contributing to, or required to contribute to, or was taken to be contributing to, the former superannuation scheme; and

(b) was an employee.

(2)  In this Part, a reference to a period expressed in years includes, where appropriate, a reference to a period expressed in years together with a fraction of a year that is expressed in days.