Police Regulation (Superannuation) Act 1906 (NSW)

Police Regulation (Superannuation) Act 1906 No 28 An Act to amend the Police Regulation Act 1899. Part 1 Preliminary 1 Name of Act, commencement and definitions (1) This Act may be cited as the Police Regulation (Superannuation) Act 1906. (1A) This Act shall commence on 1 February 1907. (2) In this Act, except to the extent that the context or subject-matter otherwise indicates or requires— approved employment benefit means a benefit provided to a member of the NSW Police Force at the cost of the member's employer (being a benefit of a private nature) that is approved by the Minister, with the concurrence of the Treasurer, for the purposes of this section in relation to the member or a class of employees of which the member is a member. attributed salary of office of a contributor at any time means— (a) if the contributor is a full-time member of the police force at the time, the salary of office of the contributor at that time, or (b) if the contributor is a part-time member of the police force at the time, the salary of office that would be payable to the contributor at that time if employed as a full-time member of the police force. Aware Super Fund has the same meaning as Fund has in the Aware Super Act 1992. Board means the State Authorities Superannuation Board referred to in section 4 of the Superannuation Administration Act 1991. Commonwealth taxation law means a law of the Commonwealth providing for the levying and collection of a tax. contributor means contributor to the Fund. equivalent full-time service means the cumulative total of all periods worked by a contributor as a member of the police force (as a full-time member of the police force or a part-time member of the police force, or both) expressed as the nearest equivalent period of full-time service. equivalent service ratio is defined in section 6. executive officer means a member of the NSW Police Force who is— (a) a police executive officer, or (b) a member of the police force who is an office holder nominated for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975, or (c) a Public Service senior executive within the meaning of the Government Sector Employment Act 2013. (d) (Repealed) family law superannuation legislation has the same meaning as it has in Part 4A. family law superannuation payment has the same meaning as it has in Part 4A. full-time member of the police force means a member of the police force whose salary ratio is equal to 1. Fund means the Police Superannuation Fund established by this Act. hurt on duty, in relation to a member of the police force, means injured in such circumstances as would, if the member were a worker within the meaning of the Workers Compensation Act 1987, entitle the member to compensation under that Act. member of the police force means a police officer within the meaning of the Police Act 1990 or a member of the NSW Police Force who was a contributor immediately before being transferred to an administrative office under section 67 of that Act. part-time member of the police force means a member of the police force whose salary ratio is less than 1 but at least 0.1. penalty, in relation to a Commonwealth taxation law, includes (but is not limited to)— (a) a penalty rate of taxation under that law, and (b) the loss of a concessional rate of taxation under that law. police executive officer means an executive officer within the meaning of Part 5 of the Police Act 1990. police force means that part of the NSW Police Force which consists of members of the police force within the meaning of this Act. Police Medical Board means the Police Medical Board established under section 15A. relevant Commonwealth superannuation standard means a standard that would be applicable under the Superannuation Industry (Supervision) Act 1993 of the Commonwealth if the Fund was a regulated superannuation fund under that Act. remuneration includes allowances and other benefits. salary of office, in relation to a member of the NSW Police Force other than an executive officer, means the sum of— (a) the remuneration ordinarily received by the member as the ordinary pay of the member's rank and position, not including— (i) an amount paid for overtime or as a bonus, or (ii) a relieving allowance, or (iii) an allowance paid instead of the supply of a uniform, or (iv) an expense allowance or an allowance for travelling, subsistence or other similar expenses, or (v) a climatic, disability or living allowance paid when stationed or residing at a particular place, or (vi) an allowance for equipment, or (vii) remuneration of a kind prescribed by the regulations as exempt for the purposes of this paragraph, or (viii) in respect of any period during which the member takes extended leave (or leave in the nature of extended leave) otherwise than on full pay, such part of the remuneration received by the member as exceeds the salary of office (within the meaning of this definition) that he or she would have received had he or she taken leave on full pay, unless the regulations otherwise provide, and (a1) if salary sacrifice contributions are made in respect of the member, the amounts payable for those contributions under section 5AD (3) (a) and (b), and (b) if approved employment benefits are provided to the member, the cost of providing the approved employment benefits, as determined by the Minister, with the concurrence of the Treasurer, expressed as an annual rate. salary of office, in relation to an executive officer, has the meaning set out in section 1AA. salary ratio of a contributor during a period means the number ascertained by dividing the salary of office of the contributor at the commencement of the period by the attributed salary of office of the contributor at that commencement. salary sacrifice contribution—see section 5AD (2). spouse of a member or former member of the police force who has died means the surviving spouse (including widow or widower) of the member or former member. STC means the SAS Trustee Corporation continued under the Superannuation Administration Act 1996. superannuation contributions surcharge means the superannuation contributions surcharge imposed under the Superannuation Contributions Tax Imposition Act 1997 of the Commonwealth. superannuation guarantee shortfall has the same meaning as in the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (3) Where— (a) the salary of office of a member of the police force is reduced by reason that the member ceases to be paid an allowance (otherwise than as a consequence of disciplinary proceedings), (b) the salary of office of the member at the date of the member's death, retirement, resignation or discharge is less than the salary of office of the member immediately before it was so reduced, and (c) the member died, retired, resigned or was discharged on or after the day appointed and notified under section 2 (2) of the Police Regulation (Superannuation) Amendment Act 1984, the salary of office of the member at the date of the member's death, retirement, resignation or discharge shall, for the purposes of this Act, be deemed to be the salary of office of the member immediately before it was so reduced. (4) In this Act, a reference to— (a) a function includes a reference to a power, authority and duty, and (b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. (5) In this Act, a reference to the salary of office of a member of the police force, other than an executive officer, who is a part-time member of the police force (including a member who fills a full-time position but is on part-time leave without pay) is a reference to the actual salary of office received by the officer while working as a part-time member of the police force. (6) In this Act, a reference to part-time service includes any period during which a member of the police force is employed as a part-time employee or takes part-time leave without pay and is required by this Act to contribute to the Fund. (7) Notes included in this Act do not form part of this Act. 1AA Salary of office: executive officers (1) Definition of salary For the purposes of this Act, the salary of office of an executive officer is the salary as last nominated or changed in accordance with this section. (2) Nomination of salary on initial and subsequent appointments An amount of salary for the purposes of this Act must be nominated to the Commissioner by an executive officer, on, or as soon as practicable after, being appointed as an executive officer. An amount may also be nominated to the Commissioner by the officer on, or as soon as practicable after, being reappointed, or appointed to another position, as an executive officer. (3) Amount of salary The amount nominated is to be not less than the monetary remuneration payable to the executive officer at the date of nomination and not more than the total value of the remuneration package paid to the officer (less the cost of providing employer's contributions to superannuation, other than salary sacrifice contributions, under this Act and the State Authorities Non-contributory Superannuation Act 1987 and any performance-related incentive payment), expressed as an annual rate. (4) Failure to nominate salary If an executive officer fails to nominate an amount of salary within 28 days of first being appointed as an executive officer or within such further period as STC may allow, the officer is taken to have nominated an amount of salary that is equal to the monetary remuneration payable to the officer at the end of the applicable period. (5) Reduction in nominated salary An executive officer may, from time to time, by notice to the Commissioner elect to reduce the amount of salary nominated under this section, but not so that the amount is less than the monetary remuneration payable to the officer at the date of the election. (6) Increase in nominated salary An executive officer may, from time to time, by notice to the Commissioner elect to increase the amount of salary nominated under this section, but not so as to increase the amount nominated by a percentage of that amount that is more than the percentage by which the remuneration package of the officer has increased since the amount of salary was last nominated or changed. (6A) Change of salary on change of work The amount of salary nominated for the purposes of this Act is, on an executive officer becoming a full-time member of the police force after being a part-time member of the police force or becoming a part-time member of the police force after being a full-time member of the police force, changed so that it is an amount equal to the same percentage of the officer's remuneration package after the change in work as the amount previously nominated was of the remuneration package before the change. This subsection does not prevent an executive officer from making an election under subsection (5) or (6) at any time after the change in work. (7) Nominations and elections The Commissioner must notify STC of a nomination or election under this section. Any such nomination or election takes effect on the date of notification to STC or on such other date as STC may determine with the consent of the executive officer concerned. (8) Effect of changes in packages Nothing in this section requires the nominated amount of salary to be increased if, because of a variation in the remuneration package of an executive officer or in the proportions of the remuneration package comprising monetary remuneration and employment benefits of the officer, the amount of salary as last nominated or changed for the purposes of this section is less than the monetary remuneration of the officer. (9) Transitional provision relating to nomination of salary by executive officers An executive officer may, within 3 months after the commencement of this subsection, nominate a new amount of salary in accordance with this section if, immediately before the commencement of this subsection, the officer was an executive officer. (10) Monetary remuneration In this section, the monetary remuneration payable to an executive officer is— (a) if the officer is a Public Service senior executive, within the meaning of the Government Sector Employment Act 2013, or a police executive officer, the monetary remuneration payable in accordance with the Government Sector Employment Act 2013 or the Police Act 1990, as the case requires, or (b) if the officer is an office holder nominated for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975, the remuneration payable to the officer as reduced under that section by the cost of employment benefits provided to the officer, or (c) in the case of any other executive officer, the monetary remuneration payable to the officer. 1A Closure of Fund to police employed on or after 1 April 1988 (1) This Act does not apply to or in respect of a member of the police force who becomes such a member on or after 1 April 1988, except— (a) a retired or discharged member of the police force who is in receipt of a superannuation allowance under this Act and who serves again in the police force under section 16 or otherwise, (b) a former member of the police force who is a contributor to the Fund as an employee of the Police Association of New South Wales and who serves again in the police force, and (c) a member of the police force of a class prescribed by the regulations. (2) This Act is taken to have applied to a member of the police force who is a member of a class prescribed for the purposes of subsection (1) (c), and who contributed to the Fund before the regulation prescribing the class commenced, on and from the date prescribed by the regulation. (3) The date that is prescribed by the regulation may be a date that is earlier than the date the regulation commenced. 1B, 2 (Repealed) Part 2 2A–2G (Repealed) Part 2A Police Superannuation Advisory Committee 2H Constitution of Committee (1) There is constituted by this Act a Police Superannuation Advisory Committee. (2) The Committee is to consist of 8 members appointed by the Minister, one of whom is to be a person appointed by the Minister to be the Chairperson of the Committee. (3) Of the members other than the Chairperson— (a) 3 shall be persons nominated by the Police Association of New South Wales, (b) 1 shall be a person nominated by the Commissioned Officers' Branch of the Public Service Association of New South Wales, (c) 1 shall be a person nominated by STC, (d) 1 shall be a person nominated by the State Insurance Regulatory Authority, and (e) 1 shall be a person nominated by the Minister administering the Police Act 1990. (4) Schedule 4 has effect with respect to the members and procedure of the Committee. 2I Functions of Committee The functions of the Police Superannuation Advisory Committee are— (a) to advise STC on such matters relating to the administration of this Act as are referred to it by STC, and (b) (Repealed) (c) such other functions relating to the administration of this Act as are delegated to it by STC. 2J Delegation to Committee STC may delegate to the Police Superannuation Advisory Committee any of its functions under this Act, other than this power of delegation. Part 3 Police Superannuation Fund 3 Police Superannuation Fund (1) There is hereby established the "Police Superannuation Fund" which, subject to this Act, is under the control of STC. (2) The Fund consists of— (a) the amount that, immediately before the constitution of STC, stood to the credit of the Police Superannuation and Reward Fund, (b) the deductions made under section 5, (b1) the payments or deductions made under section 5A or 20A, (c) amounts appropriated from the Consolidated Fund under section 4, and (c1) any fees paid to STC arising under the family law superannuation legislation or Part 4A, and (d) any other money received by STC pursuant to this Act. (3) STC must pay out of the Fund— (a) the benefits provided by this Act, (b) such amounts as may be necessary to satisfy any liability of the Fund with respect to tax payable under a Commonwealth taxation law or an amount of superannuation contributions surcharge, (c) the administration costs relating to the Fund referred to in section 85 of the Superannuation Administration Act 1996, and (c1) any administration costs and other amounts payable by STC and arising under the family law superannuation legislation or Part 4A, and (d) any other money properly payable from the Fund. 4 Fund deficiencies charged against Consolidated Revenue If at any time the amount at credit of the Fund is insufficient to meet the superannuation allowances and other amounts (other than a conversion benefit, or interest, payable under Part 3B) payable under this Act, the amount of the deficiency is a charge against the Consolidated Revenue Fund. 5 Contributions to Fund (1) Subject to subsection (2), there shall be deducted from the salary of office of each qualified person and paid to the Fund an amount equal to 6 per cent of that salary of office. (2) Subsection (1), in its application to a qualified person who— (a) immediately before the day appointed and notified under section 2 (2) of the Police Regulation (Superannuation) Amendment Act 1981 was the Commissioner, the Deputy Commissioner, the Senior Assistant Commissioner or an Assistant Commissioner, and (b) has on that day attained, or thereafter attains, the age of 60 years, shall be construed as if the reference in subsection (1) to 6 per cent were a reference to 2 per cent. (3) A member of the NSW Police Force who is a contributor, or an employee of the Police Association of New South Wales who is a contributor, is a qualified person for the purposes of this section if the member or employee is under 70 years of age. 5AA Source of administration costs payments The administration costs payable in respect of the superannuation scheme established under this Act are to be paid from the Fund. 5A Leave without pay (1) In this section— initial period, in relation to a period of leave, means such period commencing with the first day of that leave as is prescribed as the initial period for the purposes of this section. leave without pay means a period of leave requested by a member of the police force during which the member is not entitled to payment of the member's salary of office, being a period of leave which commences on or after the day appointed and notified under section 2 (2) of the Police Regulation (Superannuation) Amendment Act 1984. special leave without pay means any leave without pay which is— (a) sick leave, (b) maternity leave or leave in respect of the adoption of a child, (c) leave to undertake union duties for the Police Association of New South Wales or the Public Service Association of New South Wales, or (d) leave declared by the regulations to be special leave without pay within the meaning of this section. (2) A member of the police force who takes leave without pay (not being special leave without pay) shall, in accordance with directions given by STC, pay to STC for credit to the Fund such amounts as would have been deducted from the salary of office of the member in accordance with section 5 if the member had continued to receive salary of office during the initial period of any such single period of leave at the rate payable to the member immediately before that initial period. (3) A member of the police force who takes special leave without pay must, in accordance with directions given by STC, pay to STC for credit to the Fund the amounts that would have been deducted from the salary of office of the member in accordance with section 5 if the member had continued, while on leave, to receive salary of office at the rate payable to the member immediately before the commencement of the period of leave. (3A) However, a contributor who takes a single period of special leave without pay that is sick leave, maternity leave or leave in respect of the adoption of a child is not liable to make payments to STC in respect of any part of the period of special leave occurring more than 2 years after the period of special leave commences. (3B) If a member of the police force takes part-time leave without pay (not being special leave without pay) and receives a salary of office for part-time service during the period of leave, subsection (2) does not apply and deductions from the member's salary of office under section 5 are to be made on the basis that— (a) the member is a full-time member of the police force during the initial period, and (b) the member is a part-time member of the police force during any period of part-time leave without pay extending after the initial period. (3C) The initial period is, in respect of any member of the police force who takes part-time leave without pay (not being special leave without pay), to be treated under this Act as a period of full-time service. (3D) If a member of the police force takes part-time leave without pay that is special leave and receives a salary of office for part-time service during the period of leave, subsections (3) and (3A) do not apply and deductions from the member's salary of office under section 5 are to continue to be made for any period of part-time service that occurs during the period of special leave. (4) Any part of a single period of leave without pay taken by a member of the police force for which amounts are not payable under subsection (2) or (3A) is not a period of service for the purposes of this Act. (5) If a member of the police force fails to make any payment required by this section— (a) the amount unpaid shall be deducted from— (i) the member's salary of office, or (ii) any gratuity or allowance payable to the member under this Act, in such instalments and at such times as STC may determine, and (b) the period of leave to which the payment relates is not, while it remains unpaid, a period of service for the purposes of this Act. (6) Any amount paid by a member of the police force pursuant to this section shall, for the purposes of this or any other Act, be deemed to have been deducted from the member's salary of office. 5AB Acceptance of contributions (1) Despite any other provision of this Act, amounts are not to be deducted from the salary of office of a contributor during any period specified by STC for which STC determines that it must not accept contributions from the contributor. (2) STC may make such a determination only if it is of the opinion that it is necessary to do so in order to be consistent with a relevant Commonwealth superannuation standard. (3) Any period for which contributions are not payable under this section is not a period of service for the purposes of this Act. 5AC Other contributions by members of NSW Police Force (1) A member of the NSW Police Force, or an employee of the Police Association of New South Wales, who is not required by this Act to contribute to the Fund under this Act merely because the person is on authorised leave without pay as such a member or employee, is entitled to remain a contributor to the Fund even though the member or employee is not contributing to the Fund. (2) This section applies to a member or employee only if— (a) the leave is for the purposes of raising children of whom the member or employee is a parent, or for whom he or she has assumed the responsibility of a parent, and (b) he or she has been on that leave for less than 7 years consecutively, and (c) he or she has a statutory or contractual right to resume employment at the end of the leave. (3) Any period during which this section applies to a member or employee is not taken to be a period of service for the purposes of this Act. (4) In this section— authorised leave means— (a) leave approved by the Commissioner of Police or the Police Association, as the case requires, or (b) leave authorised by an agreement certified, or an award made, by a tribunal or body having the authority to do so under a law of the State or the Commonwealth. 5AD Salary sacrifice contributions (1) The whole or part of an amount that is required to be deducted from the salary of office of a qualified person under section 5 may be paid by salary sacrifice contributions. (2) A salary sacrifice contribution is a contribution paid in accordance with an agreement between a qualified person and the Commissioner of Police under which the person is to forgo remuneration yet to be earned and the remuneration foregone is to be applied by the employer to the amount payable for the deductions under section 5. (3) The amount payable for a salary sacrifice contribution to meet the requirement for a deduction under section 5 is to include the following— (a) the amount necessary (taking into account any deductions not made on a salary sacrifice basis) to meet the required deduction under section 5 (the deduction element), (b) the amount necessary to meet any tax payable under Commonwealth taxation law in respect of the amount paid under paragraph (a). (4) In this Act and the regulations, a reference (however expressed) to any of the following is taken to include a reference to the deduction element of a salary sacrifice contribution in accordance with an agreement under this section— (a) a deduction from the salary of office for the purposes of section 5, (b) a contribution by a contributor. (5) In this Act and the regulations, a reference (however expressed) to an employer contribution or an employer-financed benefit does not include a reference to a salary sacrifice contribution or any part of a benefit financed by a salary sacrifice contribution. (6) This section has effect despite any other provision of this Act. Part 3A Superannuation for police executives 5B Contributor who is executive officer (1) When a contributor becomes an executive officer, the contributor must— (a) elect to continue to contribute to the Fund, or (b) elect to make provision for a benefit provided by section 9B (6) or (6AA). (2) If a contributor fails to make an election under subsection (1) within 2 months of being required to make that election, the contributor is, for the purposes of this section, to be taken to have elected to continue to contribute to the Fund. (3) Nothing in this Act prevents a contributor who elects to continue to contribute to the Fund from also contributing to the Aware Super Fund or another superannuation scheme and such a contributor is entitled to benefits in accordance with this Act despite being a member of that Fund or another scheme. (4) If a contributor elects to continue to contribute to the Fund, the contributor may, at any time thereafter while being an executive officer, elect to make provision for a benefit provided by section 9B (6) or (6AA). (5) A contributor who elects, under this section, to make provision for a benefit provided by section 9B (6) or (6AA)— (a) may elect to make provision for the benefit even though he or she would not (but for this section) be entitled to make that election, and (b) is not entitled to a benefit payable under any other provision of this Act, and (c) is not entitled to elect to take the benefit provided by section 9B (9), and (d) except as provided by subsection (6), is not entitled to be paid the benefit provided by section 9B (6) or (6AA) until on or after first ceasing to be employed in the NSW Police Force after making the election and unless there exist the circumstances set out in section 9B (3), and (e) may elect at any time before the benefit is paid to have the benefit paid to the credit of the contributor in the Aware Super Fund or another complying superannuation fund, a complying approved deposit fund or a retirement savings account. (6) If a contributor makes an election under subsection (5) (e), STC must, as soon as practicable after the election is made, pay to the trustee or provider of the nominated fund or account the amount of the benefit provided by section 9B (6) or (6AA) to which the contributor is entitled under subsection (7) or (7A). (7) If the contributor referred to in subsection (6) has not attained the age of 55 years on making an election under subsection (5) (e), the benefit to which the contributor is entitled is the greater of the amounts calculated in accordance with the following formulae— (a) (b) where— L represents the amount to be calculated. B represents the amount that would be payable under section 17 if, at the date of the election under subsection (5) (e), the contributor had resigned (but without interest as provided by that section). E represents the lump sum that would have been payable if the contributor— (a) were to continue as a member of the police force until attaining the age of 55 years at the same attributed salary of office as at the date the contributor makes the election under this section, and (b) had always worked as a full-time member of the police force, and (c) were to commute the superannuation allowance otherwise payable to the contributor. S represents the total number of months of both full-time and part-time service that has been completed by the contributor. P represents the additional months of full-time service that the contributor would have completed if he or she were to continue as a full-time member of the police force until the age of 55 years. A represents the age in years of the contributor (including fractions of a year on the basis of completed months) at the date on which the contributor becomes a member of the Aware Super Fund. ESR represents the equivalent service ratio of the contributor as at the date of the contributor's election. (7A) If the contributor referred to in subsection (6) has attained the age of 55 years on making an election under subsection (5) (e), the benefit to which the contributor is entitled is the lump sum benefit that would be payable if the contributor— (a) had become entitled to the allowance prescribed by section 7 (1) or section 7AA (2) (whichever is applicable), and (b) had elected to commute the whole of the allowance in accordance with section 14J (3). (8) If a contributor makes an election under subsection (1) (b) or (4) within 12 months after being— (a) appointed as a police executive officer, or (b) nominated as an office holder for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975, the salary of the contributor, for the purpose of determining the amount of the benefit to which the election relates, is to be t