South Australia: Parliamentary Superannuation Act 1974 (SA)

South Australia Parliamentary Superannuation Act 1974 An Act to provide for the payment of superannuation benefits to persons who have served as members of Parliament; and for other purposes. Contents Part 1—Preliminary 1 Short title 5 Interpretation 6 Voluntary and involuntary retirement 7 Computation of service 7A Putative spouses 7B Restriction on publication of court proceedings 7C Arrangement of schemes 7D Membership of schemes 7E PSS 3 member may elect to participate in other schemes 7F Special provisions relating to rollovers for PSS 1 and PSS 2 members 7G Special provisions relating to salary sacrifice by members Part 2—The South Australian Parliamentary Superannuation Board 8 The Board 9 The Board's membership 10 Procedure at meetings of the Board 11 Availability of Public Service employees 12 Report Part 2A—The Parliamentary Superannuation Fund 13 The Fund Part 2B—Members' contribution accounts 13A Members' contribution accounts 13AB Rollover accounts 13B Accretions to members' accounts 13C Rollover of money from other funds or schemes 13D Co‑contribution accounts Part 3—Contributions Division 1—Preliminary 14 Preliminary Division 2—Contributions by members of PSS 1 or PSS 2 14A Contributions by members of PSS 1 or PSS 2 Division 3—Contributions by members of PSS 3 14B Contributions by members of PSS 3 Division 4—Government contributions with respect to PSS 3 14C Government contributions 14D Government contribution accounts Part 4—Pension and benefits for former members Division 1—Entitlement to pension 15 Application of Division 16 Entitlement to a pension on retirement 17 Amount of pension for PSS 1 member pensioners 17A Amount of pension for PSS 2 member pensioners 17B Supplementary provisions 18 Invalidity retirement 19 Reduction of pension in certain circumstances 19A Preservation of pension in certain cases 20 Suspension of pension Division 2—Commutation of pension 21 Commutation of pension 21A Application of section 21 to certain member pensioners Division 2A—Superannuation benefits for PSS 3 members 21AB Application of Division 21AC Interpretation 21AD Retirement at or above age 55 21AE Cessation of membership before age 55 21AF Preservation of components 21AG Cessation of membership on ground of invalidity 21AH Death of PSS 3 member 21AI Determination of invalidity/death insurance Division 3—Related matters 22 Other benefits under PSS 1 22A Other benefits under PSS 2 23 Pension paid for limited period 23AA Commutation to pay deferred superannuation contributions surcharge—pension entitlements 23AAB Commutation to pay deferred superannuation contributions surcharge—lump sum entitlements 23AAC Commutation to pay deferred superannuation contributions surcharge following death of member 23AAD Withheld amount 23AAE Payment of Division 293 tax Part 4A—Family Law Act provisions 23A Purpose of this Part 23B Interpretation 23D Value of superannuation interest 23E Non-member spouse's entitlement 23F Non-member spouse's entitlement where pension is in growth phase 23G Non-member spouse's entitlement where pension is in payment phase 23H Payment of non-member spouse's entitlement 23I Reduction in member's entitlement 23J Benefit not payable to spouse on death of member if split has occurred 23K Board to comply with Commonwealth requirements 23L Fees Part 5—Pension for spouse and child benefit Division 1—Pension for spouse 24 Pension for spouse of deceased PSS 1 member pensioner 25 Pension for spouse of deceased PSS 1 member 25A Pension for spouse of PSS 2 member pensioner 25B Pension for spouse of deceased PSS 2 member 25C Interpretation 26 Spouse pension 26AAA Spouse entitlement subject to any Family Law determination Division 1A—Commutation of spouse pension 26AA Commutation of pension Division 2—Child benefit 26AAB Application of Division 26A Certain former members deemed members at time of death 27 Determination of child benefit 28 Child benefit, general 29 Child benefit where no spouse's pension payable 30 Payment to, or on behalf of, child 31 Cessation of child benefit Part 5A—Benefit payable to member's estate (PSS 1 or PSS 2) 31A Benefits payable to member's estate (PSS 1 or PSS 2) Part 6—Adjustment of pensions Division 1—Pensioners under repealed Act 32 Pensions to continue 33 Spouse pension continued 34 Suspension of certain pensions Division 2—Future adjustment 35 Adjustment of pensions Part 7—Miscellaneous 36 Additional invalidity/death insurance 36A Division of benefit where deceased member is survived by lawful and putative spouses 36B Power to obtain information 37 Payment of benefits 38 Pensions not assignable 39 Financial provision 39A Confidentiality 40 Regulations Schedule 1—Transitional provision 1 Transitional provision Schedule 2—Table showing maximum percentage of pension that may be commuted Schedule 3—Commutation factors for spouse pensions Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Parliamentary Superannuation Act 1974. 5—Interpretation (1) In this Act, unless the contrary intention appears— additional salary means the amount by which the salary of a member who holds Ministerial or other Parliamentary office exceeds the basic salary of a member, and includes any remuneration declared by proclamation to be additional salary for the purposes of this Act; approved form means a form approved by the Board; basic salary of a member means— (a) where the member holds no Ministerial or Parliamentary office—the salary to which the member is entitled under the Parliamentary Remuneration Act 1990; (b) where the member holds a Ministerial or Parliamentary office—the salary to which the member would be entitled under the Parliamentary Remuneration Act 1990 if the member held no such office; the Board means the South Australian Parliamentary Superannuation Board; child benefit means child benefit payable pursuant to Division 2 of Part 5; co‑contribution means a payment made to the Board in respect of a person by the Commissioner of Taxation pursuant to the requirements of the Superannuation (Government Co‑contribution for Low Income Earners) Act 2003 of the Commonwealth; co‑contribution account means an account established and maintained by the Board as a co‑contribution account in accordance with the requirements of this Act; complying superannuation fund has the meaning given by section 45 of the SIS Act; contribution means any contribution paid by a member pursuant to the repealed Act or this Act; death insurance benefit is the death insurance to which a PSS 3 member is entitled by virtue of his or her membership of PSS 3; deferred superannuation contributions surcharge in relation to a member means the amount that the member is liable to pay the Commissioner of Taxation under section 15(6) of the Superannuation Contributions Tax Act; eligible child means the child or adopted child— (a) of a deceased PSS 1 or PSS 2 member or deceased PSS 1 or PSS 2 member pensioner; or (b) of the spouse of a deceased PSS 1 or PSS 2 member or deceased PSS 1 or PSS 2 member pensioner, not being a child— (i) born of a pregnancy that commenced after the death of the member or pensioner; or (ii) adopted after the death of the member or pensioner; who— (c) has not attained the age of 16 years; or (d) having attained that age, has not attained the age of 25 years and is in full time attendance at an educational institution recognised by the Board for the purposes of this Act; former PSS 1 member means a person who was a PSS 1 member immediately before ceasing to be a member; former PSS 2 member means a person who was a PSS 2 member immediately before ceasing to be a member; the Fund means the Parliamentary Superannuation Fund established by this Act; invalidity insurance benefit is the invalidity insurance to which a PSS 3 member is entitled by virtue of his or her membership of PSS 3; judge means a judge of the Supreme Court nominated by the Chief Justice to exercise the powers of a judge under this Act; member means a member of either House of Parliament of the State, and includes a person who, having ceased to be such a member, is still in receipt of salary but does not include a non-participating member; member pensioner means a former member who is entitled to a pension under this Act by virtue of being a PSS 1 member or a PSS 2 member notwithstanding that, at the material time, payment of that pension may be suspended or the pension may be preserved under this Act; non-participating member means a member of either House of Parliament who has made an election under section 7E; notional pension— (a) in relation to a deceased PSS 1 or PSS 2 member, means the amount of pension that would have been payable to that deceased member on the day in relation to which the expression is used if— (i) on the day that he died, he had retired in the circumstances referred to in section 18; and (ii) he had been alive and in receipt of a pension on the day in relation to which the expression is used; and (b) in relation to a deceased member pensioner, means the amount of pension that would have been payable to that pensioner if he had been alive and in receipt of pension on the day in relation to which the expression is used; pension day, in relation to a pension, means the day on which a periodical payment of that pension is usually made; prescribed office means an office or position in respect of which additional salary is payable; PSS 1—see section 7C(1); PSS 2—see section 7C(2); PSS 3—see section 7C(3); PSS 1 member means a member of PSS 1—see section 7D(2); PSS 1 member pensioner means a member pensioner who was a PSS 1 member immediately before ceasing to be a member; PSS 2 member means a member of PSS 2—see section 7D(3); PSS 2 member pensioner means a member pensioner who was a PSS 2 member immediately before ceasing to be a member; PSS 3 member means a member of PSS 3—see sections 7D(4) and 7F; putative spouse—see section 7A; registered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act; the repealed Act means the Parliamentary Superannuation Act 1948; salary means basic salary (expressed as an annual salary); service, in relation to a member, means the member's service as determined by the rules set out in section 7; SIS Act means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; special deposit account means a special deposit account established under section 8 of the Public Finance and Audit Act 1987; spouse includes a putative spouse; spouse pension means— (a) a pension payable to the surviving spouse of a member or former member under the repealed Act that was so payable immediately before the commencement of this Act; or (b) a pension payable to the spouse of a deceased PSS 1 or PSS 2 member or deceased member pensioner and first payable on or after the commencement of this Act. State includes a Territory of the Commonwealth; Superannuation Contributions Tax Act means the Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 of the Commonwealth; superannuation salary sacrifice means any salary that a member is sacrificing for the purposes of superannuation under section 4B of the Parliamentary Remuneration Act 1990; surcharge notice means a notice issued by the Commissioner of Taxation under section 15(7) of the Superannuation Contributions Tax Act. (2) The Governor may, by proclamation, declare any remuneration to which a member is entitled to be additional salary for the purposes of this Act and the Governor may, by proclamation, amend, vary or revoke any such declaration. (3) For the purposes of the definition of basic salary in subsection (1), the salary to which a member is entitled under the Parliamentary Remuneration Act 1990 includes the amount of any contribution that the member makes towards the cost of providing an article, motor vehicle, equipment or service by way of a salary sacrifice (as contemplated by section 4A(2) of that Act), the amount of any superannuation salary sacrifice (as contemplated by section 4B of that Act for the relevant period), and the amount of any contribution that the member makes towards the cost of providing an allowance or benefit by way of salary sacrifice (as contemplated by section 6A(2) of that Act). 6—Voluntary and involuntary retirement (1) For the purposes of this Act, a former member shall be deemed to have retired involuntarily if his term of office expires or he resigns and a judge is satisfied that, upon so ceasing to be a member— (a) he genuinely sought to be elected at an election for the Parliament of this State (whether or not for the same electorate or the same House), another State or the Commonwealth (being an election not later than the next general election for that Parliament occurring after he ceased to be a member) but— (i) having stood as a candidate, was defeated; or (ii) failed to be a candidate due to— (A) his failure to secure the support of a political party from which he reasonably sought support; or (B) his expulsion from a political party; or (C) ill health; or (D) any other good and sufficient reason; or (b) he sought to be and was elected at an election for the Parliament of another State or the Commonwealth (being an election not later than the next general election for that Parliament occurring after he ceased to be a member). (2) In addition, a former member will be taken to have retired involuntarily if— (a) at the conclusion of his or her last term of office as a member of the Parliament (the preceding term of office) the former member stood as a candidate for re-election to the same House at the ensuing election but was defeated; and (b) both at the time of his or her election for the preceding term of office and at the ensuing election the former member was— (i) endorsed by the same political party; or (ii) an independent candidate. (3) Where a member ceases to be a member otherwise than— (a) by death; or (b) on the grounds of invalidity or ill health that prevents the member from being able to carry out the duties of office to a reasonable degree; or (c) in circumstances referred to in subsection (1) or (2), that member shall, for the purposes of this Act, be deemed to have retired voluntarily. 7—Computation of service In computing the length of a member's service for the purposes of PSS 1 or PSS 2 the following rules shall be observed: (a) if a member is elected to Parliament between the 28th day of February and the 1st day of August in any year, except in the case of such a member elected to fill a casual vacancy, his service shall be reckoned from the 1st day of March of that year; and (b) if a member ceases to be a member of Parliament by reason of a dissolution taking place within 2 months before the expiration of the House of Assembly by effluxion of time, his service shall be deemed to continue until the day on which the House of Assembly would have so expired; and (c) service whether occurring before or after the commencement of this Act shall be taken into account; and (d) where the continuity of a member's service has been broken, the former period of service (and any service by the member in a prescribed office during that former period) shall not be taken into account (subject to paragraph (f) and to the operation of section 20); and (e) subject to this section, only the actual service of a member shall be regarded as service; and (f) actual service may include previous service if so provided by another section of this Act (including a section that made provision as to service before its repeal by the Parliamentary Superannuation (Scheme for New Members) Amendment Act 2005). 7A—Putative spouses (1) For the purposes of this Act, a person is, on a certain date, the putative spouse of another person if— (a) the person is, on that date, cohabiting with the other person as that person's de facto spouse and— (i) the person— (A) has been so cohabiting with the other person continuously for the preceding period of 3 years; or (B) has during the preceding period of 4 years so cohabited with the other person for periods aggregating not less than 3 years; or (ii) a child, of whom both persons are the parents, has been born (whether or not the child is still living); or (c) the person is, on that date, in a registered relationship with the other person. (2) Subject to subsection (2a), a person whose rights depend on whether— (a) the person and another person; or (b) 2 other persons, were, on a certain date, putative spouses 1 of the other may apply to the District Court for a declaration under this section. (2a) A person whose rights depend on whether— (a) the person and another person; or (b) 2 other persons, were, on a certain date, in a registered relationship may provide evidence that they or those persons, were, on that date, in the registered relationship by producing a certificate issued by the Registrar of Births, Deaths and Marriages under section 21 of the Relationships Register Act 2016. (3) If it is proved to the satisfaction of the Court that the persons in relation to whom the declaration under this section is sought did, on the date in question, fulfil the requirements of subsection (1), the Court must make a declaration accordingly. (4) A declaration may be made under this section— (a) whether or not one or both of the persons in relation to whom the declaration is sought are, or have ever been, domiciled in this State; or (b) despite the fact that one or both of them are dead. (5) It must not be inferred from the fact that the Court has declared that two persons were putative spouses one of the other, on a certain date, that they were putative spouses as at any prior or subsequent date. 7B—Restriction on publication of court proceedings (1) Protected information is information relating to an application under section 7A (including images) that identifies, or may lead to the identification of— (a) an applicant; or (b) a person who is related to, or associated with, an applicant or is, or is alleged to be, in any other way connected in the matter to which the application relates; or (c) a witness in the hearing of the application. (2) A person who publishes protected information is guilty of an offence. Maximum penalty: $5 000 or imprisonment for 1 year. (3) A person who discloses protected information knowing that, in consequence of the disclosure, the information will, or is likely to, be published is guilty of an offence. Maximum penalty: $5 000 or imprisonment for 1 year. (4) This section does not apply to— (a) the publication or disclosure of material— (i) by the District Court or an employee of the Courts Administration Authority (so long as such publication or disclosure is made in connection with the administrative functions of the Court); or (ii) for purposes associated with the administration of this Act; or (b) the publication in printed or electronic form of material that— (i) consists solely or primarily of the reported judgements or decisions of the Court; or (ii) is of a technical nature designed primarily for use by legal practitioners. (5) In this section— newspaper means a newspaper, journal, magazine or other publication that is published at periodic intervals; publish means publish by newspaper, radio or television, or on the internet, or by some other similar means of communication to the public. 7C—Arrangement of schemes (1) The scheme of superannuation established by this Act in relation to persons who first became members of either House of Parliament of the State before the commencement of the Parliamentary Superannuation (New Scheme) Amendment Act 1995 (disregarding members who have transferred out of that scheme) will continue as PSS 1. (2) The scheme of superannuation established by virtue of the enactment of the Parliamentary Superannuation (New Scheme) Amendment Act 1995 will continue as PSS 2. (3) The scheme of superannuation established by virtue of the enactment of the Parliamentary Superannuation (Scheme for New Members) Amendment Act 2005 will be known as PSS 3. 7D—Membership of schemes (1) In this section— relevant date means the date of the election held to determine membership of the fifty-first Parliament of the State. (2) Subject to this section, a member who first became a member of either House of Parliament of the State before the commencement of the Parliamentary Superannuation (New Scheme) Amendment Act 1995 (other than a member who transferred to PSS 2 by virtue of an election of the kind referred to in subsection (3)(b)) will be a member of PSS 1. (3) Subject to this section, a member— (a) who first became a member of either House of Parliament of the State on or after the commencement of the Parliamentary Superannuation (New Scheme) Amendment Act 1995 and before the relevant date; or (b) who has made an election in accordance with section 35A of this Act (as enacted by the Parliamentary Superannuation (New Scheme) Amendment Act 1995 and as repealed by the Parliamentary Superannuation (Scheme for New Members) Amendment Act 2005), will be a member of PSS 2. (4) A member— (a) who first becomes a member of either House of Parliament of the State on or after the relevant date; or (b) who, on or after the relevant date, again becomes a member of either House of Parliament of the State after a break in membership of the Parliament (disregarding for the purposes of this paragraph any case where a member's term comes to an end on the dissolution of the House of which he or she is a member or by virtue of a resignation or expires by the effluxion of time and the member is then returned at the election that next follows that dissolution, resignation or expiry, or any case where a member is returned at a joint sitting in prescribed circumstances), will be a member of PSS 3. (5) For the purposes of the cases described in subsection (4)(b)— (a) a member may be taken to be returned at an election even if the member, at the relevant election, is returned as a member of the House that is the other House to the House of which he or she was a member before the election; and (b) a member is returned at a joint sitting in prescribed circumstances if (and only if) the member is a person who was a member of the Parliament (and a member of PSS 1 or PSS 2) and who is then chosen under section 13 of the Constitution Act 1934 to be a member of the Legislative Council within 3 months after the date of an election (for either House of Parliament) so that his or her period of not being a member of Parliament does not exceed 6 months. (6) Despite a preceding subsection, if— (a) a PSS 1 or PSS 2 member stands for re-election but is not returned as having been re-elected; and (b) the Court of Disputed Returns subsequently declares the member to have been duly elected at that election or it declares the election void and the member is elected at the subsequent by-election; and (c) the member, within 3 months— (i) after a declaration by the Court that the member has been re-elected; or (ii) after re-election following a declaration by the Court that the election was void, or within such further period as the Board (in its absolute discretion) allows, makes an election under subsection (7), then the member may continue as a member of PSS 1 or PSS 2 (as the case may be). (7) An election under this subsection— (a) must be made in writing in a manner determined by the Board; and (b) subject to any other determination of the Treasurer, must be accompanied by a payment to the Treasurer of— (i) an amount equal to 11.5 per cent of the salary that was lost by reason of the fact that the member was not returned as elected in the first instance; and (ii) an amount equal to the amount (if any) paid to the member pursuant to this Act (whether by way of a pension or a lump sum, or both, or by way of a payment pursuant to Part 4 Division 3) following the return made at the original election. (8) For the purposes of this Act, the period of service of a member who continues as a PSS 1 or PSS 2 member under subsection (6) will be taken to include— (a) previous service that the member was, at the termination of the member's immediately preceding period of service, entitled to have counted as service under this Act; and (b) the period during which the member was unable to take his or her seat in Parliament by reason of not being returned as elected in the first instance. (9) If the Treasurer allows a further period to pay an amount under subsection (7), the Treasurer may impose such conditions (including a condition requiring payment of interest on any outstanding amount) as the Treasurer thinks fit, and the member will not be regarded as having complied with that subsection unless the member complies with those conditions. (10) The Treasurer may vary or revoke a condition under subsection (9). (11) If— (a) a PSS 3 member stands for re-election but is not returned as having been re‑elected; and (b) the Court of Disputed Returns subsequently declares the member to have been duly elected at that election or it declares the election void and the member is elected at the subsequent by-election, then the member must, in accordance with a determination of the Board, pay to the Treasurer— (c) an amount equal to the contributions that the member would have paid under Part 3 Division 3 assuming that the member had been returned in the first instance and been liable to make contributions at the rate that applied to the member immediately before the original election; and (d) an amount equal to the amount (if any) paid to the member pursuant to this Act following the return made at the original election. (12) When a member makes a payment under subsection (11)(c), the Treasurer must pay into the PSS 3-Government Contributions Division of the Fund, and the Board must credit to the member's Government contribution account, an amount equal to the amount that would have been payable under Part 3 Division 4 assuming that the member had been returned in the first instance and applying such other assumptions as the Board, with the agreement of the Treasurer, determines. (13) The fact that a former PSS 1 or former PSS 2 member who returns to Parliament then becomes a PSS 3 member under this section does not prejudice any entitlement that he or she may have under this Act with respect to his or her former membership of PSS 1 or PSS 2 before the break in membership of the Parliament. 7E—PSS 3 member may elect to participate in other schemes (1) In this section— eligible member means a PSS 3 member, other than a person who is a member of PSS 3 by virtue of section 7D(4)(b) or 7F; fund includes a scheme or account; prescribed period, in relation to an eligible member, means the period of 3 months from the date on which the person became a PSS 3 member; RSA has the same meaning as in the Retirement Savings Accounts Act 1997 of the Commonwealth; self managed superannuation fund has the same meaning as in the Superannuation Industry (Supervision) Act 1993 of the Commonwealth; specified fund means a fund specified in a notice under subsection (4)(a) or (10)(a). (2) An eligible member may, by notice in writing furnished to the Board during the prescribed period, elect to transfer his or her superannuation arrangements under this Act to a fund that complies with subsection (3). (3) A fund (a complying fund) complies with this subsection if it is— (a) a complying superannuation fund, other than a self managed superannuation fund; or (b) an RSA. (4) A notice under subsection (2) must— (a) specify the name of, and contact details for, the relevant fund; and (b) specify the date from which the election is to take effect, being a date— (i) that is at least 14 days but not more than 2 months from the date on which the notice is furnished to the Board; and (ii) that coincides with a date on which salary is due to be paid to the member; and (c) be accompanied by evidence that the fund will accept contributions under this section; and (d) contain or be accompanied by such other information (if any) as may be required by the Board. (5) If a person makes an election under subsection (2)— (a) the person will cease to be a member of PSS 3; and (b) the Board will cease to maintain (or, if relevant, will not be required to establish) an account in the name of the person under this Act (and Part 2B will cease to apply in relation to the person); and (c) any amount standing to the credit of the person's contribution account or Government contribution account (if any) must be carried over to the specified fund; and (d) the person will cease to be liable to make contributions under this Act; and (e) no entitlement or benefit will be payable to the person, or to any other person in respect of the person, under this Act (other than as provided by paragraph (f)); and (f) the Treasurer must, while the person is a member of either House of Parliament, make contributions to the specified fund for that person's benefit, in accordance with subsection (6). (6) For the purposes of subsection (5)(f), the contributions must be made in accordance with the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth as if the person were an employee of the State (see section 12(5) of that Act) and in order to avoid having an individual superannuation guarantee shortfall in respect of the person within the meaning of that Act. (7) An eligible member cannot make an election under this section if the Board has been served with a splitting instrument within the meaning of Part 4A in respect of the member's superannuation interest under this Act. (8) An election under subsection (2) is irrevocable. (9) However, a person may, by notice in writing furnished to the Board, vary an election under this section so as to select another complying fund for the purposes of this section. (10) A notice under subsection (9) must— (a) specify the name of, and contact details for, the new fund; and (b) be accompanied by evidence that the new fund will accept contributions under this section; and (c) contain or be accompanied by such other information (if any) as may be required by the Board. (11) A notice under subsection (9) will take effect on a date determined by the Board after consultation with the person who has furnished the notice. (12) A person who makes an election under this section does not become, by virtue of any liability under this section, a member of the Southern State Superannuation Scheme. (13) There can only be 1 fund that applies in relation to a member under this section at any particular time. (14) If— (a) a person makes an election under this section; and (b) the specified fund applying for the purposes of the election— (i) ceases to exist; or (ii) ceases to accept contributions under this section; or (iii) ceases to be a complying fund; and (c) the person does not, within the prescribed period, vary the election to specify another complying fund for the purposes of this section, then the Treasurer may, after consultation with the Board, specify another complying fund (which will then be taken to be a fund specified by the person for the purposes of this section). 7F—Special provisions relating to rollovers for PSS 1 and PSS 2 members (1) The Board must, on application under this section, permit— (a) a PSS 1 or PSS 2 member for whom an amount of money may be carried over from another superannuation fund or scheme; or (b) a former PSS 2 member who has a lump sum preserved under Part 4, to become a PSS 3 member in order to establish a rollover account for the person under this Act. (1a) If a PSS 1 or PSS 2 member for whom a rollover account has been established is, before the establishment of the account, a member of PSS 3 by virtue of section 7G, the member will, on the establishment of the account for the member, be taken for the purposes of this Act to be a member of PSS 3 by virtue of both this section and section 7G. (2) The following provisions apply in connection with the operation of subsection (1): (a) in the case of a former PSS 2 member under subsection (1)(b)—the preserved lump sum amount will, when paid into the rollover account, be taken to be a rollover component under Part 4 Division 2A (and will cease to be a preserved amount under another Division of Part 4); (b) Part 3 Divisions 3 and 4 will not apply to a person who is a PSS 3 member by virtue only of this section; (c) a person who is a PSS 3 member by virtue only of this section will not be entitled to any of the following under Part 4 Division 2A: (i) a Government-funded component of benefits; (ii) a member-funded component of benefits; (iii) an invalidity/death insurance benefit; (d) the Governor may, by regulation, make any other provision as the Governor thinks fit, including by providing that other provisions of this Act do not apply to a person who is a PSS 3 member by virtue of this section, or apply to such a member subject to any modifications prescribed by the regulations. 7G—Special provisions relating to salary sacrifice by members (1) The Board must, on application under this section, permit a PSS 1 or PSS 2 member who has elected to make a superannuation salary sacrifice to become a PSS 3 member in order to establish a Government contribution account for the member under this Act. (2) If a PSS 1 or PSS 2 member who has elected to make a superannuation salary sacrifice is, before making the election, a member of PSS 3 by virtue of section 7F, the member will be taken for the purposes of this Act to be a member of PSS 3 by virtue of both section 7F and this section. (3) The following provisions apply in connection with the operation of subsection (1): (a) Part 3 Division 3 and section 14C(1) will not apply to a PSS 1 or PSS 2 member who is a PSS 3 member by virtue of this section; (b) a PSS 1 or PSS 2 member who is a PSS 3 member by virtue of this section will not be entitled to either of the following under Part 4 Division 2A: (i) a member‑funded component of benefits; (ii) an invalidity/death insurance benefit; (c) the Governor may, by regulation, make any other provision as the Governor thinks fit, including by providing that other provisions of this Act do not apply to a PSS 1 or PSS 2 member who is a PSS 3 member by virtue of this section, or apply to such a member subject to any modifications prescribed by the regulations. Part 2—The South Australian Parliamentary Superannuation Board 8—The Board (1) The South Australian Parliamentary Superannuation Board is established. (2) The Board is a body corporate. (3) The Board has full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate. (4) Where a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Board. 9—The Board's membership (1) The Board consists of the following members: (a) the President for the time being of the Legislative Council; and (b) the Speaker for the time being of the House of Assembly; and (c) a person appointed by the Governor on the nomination of the Treasurer. (2) Subject to subsection (3), a person, upon ceasing to hold the office of President of the Legislative Council or Speaker of the House of Assembly, will continue as a member of the Board until his or her successor is appointed to that office. (3) A member of the Board referred to in subsection (2) may resign from membership of the Board if he or she has ceased to be a member of Parliament. (4) The office of the member of the Board appointed by the Governor becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Treasurer; or (d) is removed from office by the Governor on the ground of— (i) mental or physical incapacity to carry out official duties satisfactorily; or (ii) neglect of duty; or (iii) misconduct. (5) The Governor may appoint a person to fill a casual vacancy in the membership of the Board and a person so appointed will hold office as a member of the Board until the office is filled pursuant to subsection (1). 10—Procedure at meetings of the Board (1) Subject to subsection (2), the Board may act notwithstanding vacancies in its membership. (2) Two members constitute a quorum for a meeting of the Board. (3) A decision in which a majority of the members of the Board present at a meeting concur is a decision of the Board. (4) Subject to this Act, the Board may determine its own procedures. 11—Availability of Public Service employees The Board may, with the approval of a Minister responsible for a particular administrative unit of the Public Service, make use of the staff or facilities of that administrative unit. 12—Report (1) The Board must, on or before 30 September in each year, submit a report to the Treasurer on the operation of this Act during the financial year ending on 30 June in that year. (2) The Treasurer must have copies of the report laid before both Houses of Parliament. Part 2A—The Parliamentary Superannuation Fund 13—The Fund (1) The Parliamentary Superannuation Fund is established. (2) The assets of the Fund belong (both at law and in equity) to the Crown. (3) The Fund is subject to the management and control of the Superannuation Funds Management Corporation of South Australia. (3a) The Superannuation Funds Management Corporation of South Australia must establish— (a) a distinct part of the Fund under the name PSS 3—Government Contributions Division; and (b) a distinct part of the Fund proportioned to the aggregate balance of co‑contribution accounts. (4) The Treasurer must pay into the Fund from the Consolidated Account (which is appropriated to the necessary extent) or from a special deposit account established by the Treasurer for that purpose— (a) periodic contributions reflecting the contributions paid to the Treasurer by members; and (b) periodic contributions to ensure that the entitlements of PSS 1 and PSS 2 members are fully funded as required; and (c) any amount that is received by the Treasurer under this Act on account of money carried over from another superannuation fund or scheme and to be paid into a rollover account of a member; and (d) the contributions required under sections 7G and 14C (to be held in the PSS 3—Government Contributions Division); and (da) any co‑contribution paid to the Board on behalf of a member (but received by the Treasurer on behalf of the Board) (to be paid into the part of the Fund proportioned to the aggregate of co‑contribution accounts); and (e) any amount that is required to be paid to satisfy the payment of an invalidity/death insurance benefit; and (f) any other amount that must be credited to the Fund by the Treasurer under another provision of this Act. (5) The Treasurer must transfer to the Fund the balance of the special deposit account into which members' contributions made before 1 July 1998 and other amounts for the funding of the schemes under this Act have been paid. (6) All interest and accretions arising from investment of the Fund must be paid into the Fund. (7) The following amounts will be paid from the Fund: (a) any reimbursement of the Consolidated Account or a special deposit account that the Treasurer charges against the Fund in pursuance of this Act; and (b) the administrative costs and other expenses related to the management and investment of the Fund; and (c) the other costs of administering this Act. (8) The Superannuation Funds Management Corporation of South Australia must determine the value of the Fund as at the end of each financial year. Part 2B—Members' contribution accounts 13A—Members' contribution accounts (1) The Board must maintain contribution accounts in the names of all members. (2) A member's contribution account must be credited with the amount of contributions made by the member and must be debited with any payment that is, in pursuance of this Act, to be charged against the account. (3) The amount of the opening balance of the contribution account of a person who was a member on 1 July 1998 is the amount that would have been the balance of the member's notional contribution account if that balance had been determined as at 30 June 1998 under section 21B before that section was repealed. 13AB—Rollover accounts (1) The Board must maintain a rollover account in the name of— (a) a PSS 3 member (including such a member who is also a PSS 1 or PSS 2 member who has made application under section 7F or is a PSS 3 member by virtue of section 7G) for whom an amount of money has been carried over from another superannuation fund or scheme; or (b) a PSS 3 member who is a former PSS 2 member who has made application under section 7F in relation to a preserved amount. (2) A PSS 3 member's rollover account must be credited with the relevant amount under subsection (1) and must be debited with any payment that is, in pursuance of this Act, to be charged against the account. (3) The Board may debit against a PSS 3 member's rollover account an administrative charge fixed by the Board. (4) The Board may, for the purposes of subsection (3), fix different charges depending on the balance of members' accounts or any other relevant factor. 13B—Accretions to members' accounts (1) At the end of each financial year, each member's contribution account and rollover account (if any) that has a credit balance will be adjusted to reflect a rate of return determined by the Board in relation to members' accounts for the relevant financial year. (2) In determining a rate of return for the purposes of subsection (1), the Board should have regard to— (a) the net rate of return achieved by investment of the Fund over the relevant financial year; and (b) if a PSS 3 member has made a nomination under subsection (2a), the net rate of return achieved by the classes of investments, or the combination of classes of investments, nominated by the member. (2a) If the Fund is invested in different classes of investments, the Board must permit a PSS 3 member, on such terms and conditions as the Board thinks fit, to nominate the class of investments, or combination of classes of investments, for the purpose of determining the rate of return under this section. (2b) A PSS 3 member cannot nominate a class of investments, or a combination of classes of investments, under subsection (2a) if he or she does not at the same time nominate the same class or combination of classes of investments under section 14D(4) (unless he or she is a PSS 3 member by virtue of section 7F). (3) Where, in pursuance of subsection (2)(a), the Board determines a rate of return that is at variance with the net rate of return achieved by investment of the Fund, the Board must include its reasons for the determination in its report for the relevant financial year. (4) Where it is necessary to determine the balance of a member's account and the Board has not yet determined a rate of return in relation to the relevant financial year, the balance will be determined by applying a percentage rate of return on accounts estimated by the Board. (5) A balance determined under subsection (4) will not be adjusted when a rate of return is subsequently determined under subsection (1). (6) A reference in this section to rate of return is a reference to a positive or a negative rate of return. 13C—Rollover of money from other funds or schemes Money that is rolled over to PSS 3 from another superannuation fund or scheme must be paid to the Treasurer. 13D—Co‑contribution accounts (1) The Board must— (a) establish a co‑contribution account in the name of a member in respect of whom a co‑contribution has been paid to the Board; and (b) credit the account with the amount of any co‑contribution paid to the Board in respect of the member. (2) The Board is to determine the terms and conditions on which the balance of a member's co‑contribution account is, subject to subsection (3), payable to— (a) the member; or (b) if the member dies before the payment is made— (i) the member's spouse; or (ii) if the member does not have a spouse—the member's estate. (3) A person is entitled to payment of an amount standing to the credit of a co‑contribution account only to the extent that the payment can be made in accordance with the SIS Act. Part 3—Contributions Division 1—Preliminary 14—Preliminary Every member is liable to make contributions to the Treasurer in accordance with this Act. Division 2—Contributions by members of PSS 1 or PSS 2 14A—Contributions by members of PSS 1 or PSS 2 (1) Subject to subsection (2), the contributions payable by PSS 1 or PSS 2 members will be 11.5 per cent of the basic salary and additional salary (if any) payable to each member and must be deducted by the Treasurer when paying salary to members. (2) The contribution payable by a PSS 1 or PSS 2 member whose period of service as a member of Parliament is equal to or exceeds 20 years and 1 month is 5.75 per cent of the member's basic salary and 11.5 per cent of the member's additional salary (if any). Division 3—Contributions by members of PSS 3 14B—Contributions by members of PSS 3 (1) Subject to this Act, a PSS 3 member may elect to make contributions to the Treasurer at a whole number percentage of the combined value of the basic salary and additional salary (if any) payable to the member and such contributions must be deducted by the Treasurer when paying salary to the member. (2) A PSS 3 member may, from time to time, elect to vary a rate of contribution under subsection (1). (3) An election under subsection (2) must be made to the Board in writing and will operate from a date to be fixed by the Board. (4) In addition, a PSS 3 member may make additional monetary contributions to the Treasurer under this subsection that are not related to the member's salary. (5) The amount of each contribution under subsection (4) must be equal to or exceed the amount prescribed by the regulations for the purposes of subsection (4). Division 4—Government contributions with respect to PSS 3 14C—Government contributions (1) Within 7 days after basic salary and additional salary (if any) is paid to a PSS 3 member, the Treasurer must pay into the PSS 3—Government Contributions Division of the Fund an amount calculated as follows: Where— A is the amount to be paid; S is the amount of basic salary and additional salary (if any) paid to (or in relation to) the member (including the amount of any salary sacrifice under the Parliamentary Remuneration Act 1990 that applies for the relevant period). (2) In addition, if a PSS 3 member (including a person who is a member of PSS 3 by virtue of section 7G) has elected to make a superannuation salary sacrifice that applies in relation to a period in respect of which salary is paid to the member, the Treasurer must, within 7 days after payment of that salary to the member, pay into the PSS 3—Government Contributions Division of the Fund the amount so sacrificed. 14D—Government contribution accounts (1) The Board must maintain Government contribution accounts in the names of all PSS 3 members (including PSS 1 and PSS 2 members who are members of PSS 3 by virtue of section 7G). (2) A PSS 3 member's Government contribution account must be credited with amounts that are equivalent to the amounts paid under section 14C in respect of the member. (3) At the end of each financial year, each PSS 3 member's Government contribution account will be adjusted to reflect a rate of return determined by the Board— (a) having regard to the net rate of return achieved by investment of the PSS 3—Government Contributions Division of the Fund over the relevant financial year; and (b) if the member has made a nomination under subsection (4), having regard to the net rate of return on the nominated class of investments, or combination of classes of investments, determined by the Board under section 13B(2)(b). (4) If the PSS 3—Government Contributions Division of the Fund is invested in different classes of investments, the Board must permit a PSS 3 member, on such terms and conditions as the Board thinks fit, to nominate the class of investments, or combination of classes of investments, for the purpose of determining the rate of return under subsection (3). (5) A PSS 3 member cannot nominate a class of investments, or a combination of classes of investments, under subsection (4) if he or she does not at the same time nominate the same class or combination of classes of investments under section 13B(2a) (and any variation of a nominated class under that section will then have effect for the purposes of this section). (6) If, when the Government component is to be paid under Part 4 Division 2A with respect to a PSS 3 member, the rate of return for the relevant financial year has not been determined under this Act, the rate of return will be equivalent to the rate of return on investments of the PSS 3—Government Contributions Division of the Fund estimated by the Board for that year (and there will be no adjustment when the rate of return is subsequently determined). (7) An administrative charge to be fixed by the Board must be debited against the Government contribution accounts of PSS 3 members (and different charges may be fixed depending on the balance of members' accounts, the level of invalidity/death insurance benefit that may apply to members under this Act, or any other relevant factor). (8) A charge to be fixed by the Board may also be debited against the Government contribution account of a PSS 3 member who, after nominating a class of investments under subsection (4), subsequently varies the nomination. (9) A reference in this section to rate of return is a reference to a positive or a negative rate of return. Part 4—Pension and benefits for former members Division 1—Entitlement to pension 15—Application of Division This Division applies in relation to PSS 1 and PSS 2 members. 16—Entitlement to a pension on retirement A former PSS 1 or PSS 2 member who— (a) has retired involuntarily, having had not less than 6 years service; or (b) has retired voluntarily— (i) having had not less than 15 years service; or (ii) having been a member of not less than four Parliaments and having had not less than 13 years service; or (c) having attained the age of 60 years, has retired voluntarily having had not less than 6 years service, shall, on and from the day next succeeding the day on which he retired, be entitled to a pension for life in an amount calculated by reference to this Division. 17—Amount of pension for PSS 1 member pensioners (1) Subject to this section, the amount of annual pension payable to a former PSS 1 member referred to in section 16 shall be an amount equal to 41.2 per cent of the salary payable to him immediately before he ceased to be a member plus 0.2 per cent of that salary for each whole month of the member's service after 6 years service but the annual pension shall not, in any case, exceed 75 per cent of that salary. (2) Where a former PSS 1 member was in receipt of additional salary at any time during his service, the amount of the annual pension payable to that former member shall be determined by reference to the following formula: Where— P is the annual pension payable to the former member; BP is the annual pension that would, apart from this subsection, be payable to the former member; X is an amount arrived at by subtracting from BP the amount of the annual pension that would, apart from this subsection, be payable to the former member if the reference to 6 years service in subsection (1) were a reference to 8 years service; HS is the sum of BS and the amount arrived at by calculating the total amount that would have been payable to the former member by way of additional salary— (a) upon the assumption that the rates of additional salary applicable on the date of his retirement had applied during the whole of his period of service; and (b) where he held prescribed offices during his period of service for a total period of more than 6 years—by taking into account only periods of his service for which he held prescribed office that equal in aggregate 6 years, those periods that would have been the most remunerative for him in terms of additional salary at the rates referred to in paragraph (a) being first taken into account and (if necessary) those periods that would have been the next most remunerative for him in terms of additional salary at those rates being next taken into account and so on until the periods equal in aggregate 6 years; BS is an amount equal to 6 times the salary applicable to the member on the date of his retirement. 17A—Amount of pension for PSS 2 member pensioners (1) Subject to this section, the amount of the annual pension payable to a former PSS 2 member referred to in section 16 is— (a) 41.2 per cent of the salary payable to the former member immediately before he or she ceased to be a member plus 0.2 per cent of that salary for each completed month of service in addition to the first six years of service of the former member; and (b) where the former member held a prescribed office at any time during his or her service—a percentage, calculated in accordance with the following formula, of the additional salary (expressed as an annual amount) payable in respect of the prescribed office on the date of the former member's retirement: Where— P is the percentage of the additional salary; M is the number of complete months during which the former member held the prescribed office. (2) Where— (a) a former PSS 2 member had been a member of the Parliament of another State or the Commonwealth before becoming a member of the South Australian Parliament; and (b) the former member is entitled to a pension in respect of his or her service as a member of that other Parliament, the former member's period of service as a member of that other Parliament will be counted as service for the purposes of section 16 and the amount of the annual pension (if any) payable to the former PSS 2 member under this Act will be— (c) 0.2 per cent of the salary payable to the former member immediately before he or she ceased to be a member for each completed month of the member's service in the South Australian Parliament; and (d) where the former member held a prescribed office at any time during his or her service in the South Australian Parliament—a percentage, calculated in accordance with the formula in subsection (1)(b), of the additional salary (expressed as an annual amount) payable in respect of the prescribed office on the date of the former member's retirement. (3) If the former member held two or more prescribed offices during his or her service, the pension under subsection (1) or (2) will include a percentage of the additional salary payable in respect of each office calculated under subsection (1)(b). (4) The component of the pension determined under subsection (1)(a) or (2)(c) cannot exceed 75 per cent of the former member's salary immediately before he or she ceased to be a member. (5) The component of the pension determined under subsection (1)(b) or (2)(d) cannot exceed 75 per cent of the additional salary payable in respect of the prescribed office on the date of the former member's retirement but, if the former member held two or more such offices, the component cannot exceed 75 per cent of the highest of the salaries attached to those offices on the date of the former member's retirement. (6) Where, in relation to a particular period— (a) a PSS 2 member pensioner who has not reached the age of 60 years is receiving, or would but for this subsection be entitled to receive, a pension under this section; and (b) the pensioner is also receiving or entitled to receive income from remunerative activities engaged in by the pensioner or another person is receiving or entitled to receive income from remunerative activities engaged in by the pensioner, the pension payable in respect of that period will be reduced by one dollar for each two dollars of income referred to in paragraph (b). (7) In the application of subsection (6), income that does not comprise money will be taken to have the monetary value determined by the Board. (8) In this section— income includes goods, services and any other thing of value; remunerative activity engaged in by a pensioner means an activity of the pensioner that produces income for the benefit of the pensioner or for the benefit of another person either at the pensioner's direction or by means of a company, trust or other device used by the pensioner to direct the income to the other person. 17B—Supplementary provisions (1) If a member held a prescribed office during the member's period of service and the prescribed office does not exist on the date of the member's retirement, the rate of additional salary applicable to that office on that date for the purposes of this Division will be taken to be a rate of salary determined by the Board having regard to the rate of additional salary last applicable to that office before the date of retirement of the member and the movements (if any) in salaries and additional salaries up to the date of retirement of the member. (2) If— (a) a member held a prescribed office during the member's period of service; and (b) the additional salary payable in respect of that prescribed office is, in comparison with the additional salaries payable in respect of other prescribed offices, proportionately less on the date of the member's retirement than it was at any time at which the member actually held that office; and (c) the Board is of the opinion that a determination under this subsection is necessary in order to avoid substantial injustice, the rate of additional salary applicable to that office on the date of the member's retirement for the purposes of this Division will be taken to be the rate of salary determined by the Board on the assumption that the additional salary in question had not been reduced in comparison to additional salaries payable in respect of other prescribed offices. 18—Invalidity retirement (1) Where a PSS 1 or PSS 2 member satisfies a judge that he is unable to continue as a member on the grounds of invalidity that prevents the member from being able to carry out the duties of office to a reasonable degree, that member shall, on and from the day next succeeding the day on which he so satisfies that judge, be entitled to an annual pension for life ascertained by reference to subsection (2). (2) The amount of annual pension referred to in subsection (1) shall be— (a) in the case of a member who had less than 6 years service, the amount of annual pension that he would have received ascertained by reference to section 17 or 17A if, on the day on which he so satisfied the judge, he had retired involuntarily having, on that day, attained 6 years service; or (b) in any other case, the amount of annual pension ascertained by reference to section 17 or 17A that he would have received if, on the day on which he so satisfied the judge, he had retired involuntarily. 19—Reduction of pension in certain circumstances (1) Where a member pensioner occupies a prescribed office or position, the pension payable to the member pensioner pursuant to this Act shall be reduced by the amount of the salary, or other remuneration, paid in respect of that office or position. (2) Subject to subsections (2a) and (2b), where a member pensioner, or the member pensioner's spouse or child or another person, becomes entitled to superannuation or a retirement allowance by virtue of the member pensioner having held or occupied a prescribed office or position, any pension or child benefit payable under this Act to the member pensioner, the member pensioner's spouse or child or that other person shall be reduced by the prescribed amount. (2a) A pension payable under section 17A(2) to a former PSS 2 member and a pension or child benefit payable under this Act to such a former member's spouse or child or to any other person in relation to such a former member will not be reduced under subsection (2) because of the pension payable to, or in relation to, the former member in respect of his or her service as a member of the other Parliament referred to in section 17A(2). (2b) A pension payable under this Act to a member pensioner to whom section 19A applies and the pension or child benefit payable under this Act to the spouse or child of such a member pensioner or to any other person in relation to such a member pensioner will not be reduced under subsection (2). (3) For the purposes of subsection (2), the prescribed amount is— (a) where the whole of the superannuation or retirement allowance referred to in that subsection is paid to the member pensioner, the member pensioner's spouse or child or another person by way of a pension and no part of it has been paid by way of a lump sum—the pension so paid; (b) where, as the result of an election made by the member pensioner, the member pensioner's spouse or child or that other person, the whole or a part of that superannuation or retirement allowance is paid as a lump sum—the amount of the pension that would have been payable in respect of that superannuation or retirement allowance if that election had not been made; (c) where, without an election being made, the whole or a part of that superannuation or retirement allowance is paid as a lump sum—the amount determined in accordance with the following formula: Where— PA is the prescribed amount expressed as an annual pension; P is that part (if any) (expressed as an annual pension) of the superannuation or retirement allowance that is paid as a pension; LS is the lump sum that was paid in total or partial satisfaction of the entitlement of the member pensioner (or of the member pensioner's spouse or child or another person) to the superannuation or retirement allowance. (4) Where a pension or child benefit is reduced pursuant to this section, the person entitled (or who would have been entitled but for the reduction) or, where 2 or more persons are so entitled, all of those persons acting together, may by notice in writing to the Board require the Treasurer to pay to that person, or to those persons, an amount ascertained by reference to the following formula: Where— A is the amount expressed in dollars and cents; TC is the total contributions expressed in dollars and cents made by the member pensioner under this Act or under the repealed Act other than any such contributions that have been refunded to the member pensioner and have not been repaid; N is one or the number of whole years of service of the member pensioner whichever is the greater; P is the total of all pensions and benefits (if any) received by the member pensioner, his spouse or an eligible child in respect of the member pensioner under this Act and under the repealed Act, and upon payment of that amount no further pension or benefit shall be paid to, or in respect of, the member pensioner. (5) A notice referred to in subsection (4) may be given on behalf of a child who is under the age of 18 years by the child's parent or guardian. (6) A payment under subsection (4) shall— (a) if made to a spouse and a child or children—be divided between them as to ¾ to the spouse and as to ¼ to the child or children; (b) if made only to children—be divided equally between them. (7) In this section— prescribed office or position means an office or position established under the law of this State, the Commonwealth, another State of the Commonwealth or a Territory of the Commonwealth which has been declared by regulation to be a prescribed office or position for the purposes of this section. 19A—Preservation of pension in certain cases (1) This section applies to, and in relation to, a member pensioner if the member pensioner— (a) is deemed to have retired (whether before or after the commencement of the Parliamentary Superannuation (New Scheme) Amendment Act 1995) involuntarily because of election to the Parliament of another State or the Commonwealth; and (b) — (i) the superannuation scheme available to the member pensioner as a member of that other Parliament does not provide for the member pensioner to be credited with his or her service as a member of the South Australian Parliament; o