I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Retirement Benefits Act 1993.G. S. M. GREENLieutenant-GovernorBy His Excellency's Command,TONY RUNDLETreasurerPreliminary

Short titleThese regulations may be cited as the Retirement Benefits Regulations 1994.

CommencementThese regulations take effect on but only if a notice in the Gazette has been published to the effect that the regulations have been approved by both Houses of Parliament under section 29 of the Retirement Benefits Act 1993.

InterpretationIn these regulations –Act means the Retirement Benefits Act 1993;Actuary means the person, being a Fellow of the Institute of Actuaries (Australia or London) or the Faculty of Actuaries (Edinburgh), or organization who is appointed under regulation 12;age for retirement means age 65 years;Agency means –a Government department or an organization specified in column 1 of Schedule 1 to the State Service Act; ora State authority that is not such an organization; orthe controlling authority of any industry or undertaking carried on by or on behalf of the State; orwhere the services of a State authority are transferred to another person or organization or another State authority, the person, organization or authority responsible for payment of contributions to the Fund in respect of contributors or eligible employees;amalgamated contributor means a person who under the Retirement Benefits (Transitional) Regulations 1994 continues to contribute to the Fund on the amalgamation basis;amalgamation basis means the basis of contributions provided by clause 4 of Schedule 3 to the repealed Act;basic contribution rate means –in respect of a contributor to whom regulation 26(1)(d) and (e) refer who is not an amalgamated contributor, a rate of contribution equal to 5% of salary; orin respect of an existing contributor, a contribution rate equal to 5% of salary or, if the existing contributor was making contributions under the repealed Act at the rate of 2.75%, a contribution rate equal to 2.5% of salary; orin respect of a provident fund contributor, a rate of contribution equal to 7.5% of salary; orin respect of an amalgamated contributor, a rate of contribution equal to the sum of –the contribution payable by the contributor as at ; and5% of any salary increase received by him or her after ;basic pension rate means the rate at which a pension was payable when it came into force;benefit multiple factor means the benefit multiple factor derived in accordance with regulation 33;Commonwealth Commissioner means the person who is holding office or acting in the office of the Insurance and Superannuation Commissioner under the Insurance and Superannuation Commissioner Act 1987 of the Commonwealth;complying superannuation scheme means a superannuation scheme that is, or is taken to be, a complying superannuation fund for the purposes of Part IX of the Income Tax Assessment Act 1936 of the Commonwealth;contract employee means an employee who is appointed and employed on terms and conditions specified in a contract of service;contravene includes fail to comply with;contributions means contributions excluding voluntary contributions paid or payable under these regulations to the Fund, less any amount deducted from those contributions as provided by these regulations;contributor means –an employee who is contributing to the Fund, as required by Part 4; oran employee who is required to contribute to the Fund under regulation 20 or 21 but who has not commenced to pay his or her contributions; oran employee who has ceased to contribute to the Fund by reason of his or her age;contributor for full benefits means a contributor whose contributions to the Fund entitle him or her to an invalidity benefit without regard to the length of his or her service and includes a contributor for limited benefits with 10 or more years' service;contributor for limited benefits means a contributor for limited benefits as provided by regulation 22;contributor's account means an account established by the Board under regulation 31 for a contributor;eligible employee means a person employed in any position or capacity in any industry or undertaking carried on by or on behalf of the State, but does not include –a contributor; orRegulation 3Subregulation (1) amended by S.R. 1994, No. 178persons to whom regulation 4 or 23(4A) applies;eligible employee's account means an account established under regulation 49 in the name of the eligible employee in which his or her contributions are vested;employee means a person employed in any position or capacity under the State Service Act or in any industry or undertaking carried on by or on behalf of the State, other than a person to whom regulation 4 relates;employment redundancy programme means a programme for the purpose of reducing the level of employment in the public sector declared by the Treasurer by notice published in the Gazette to be an employment redundancy programme for the purposes of these regulations;existing contributor means a person who, immediately before , was or is a contributor to the Fund established under the Retirement Benefits Act 1982, other than an amalgamated contributor or a provident fund contributor;FAS(1) means –the average annual salary received by a contributor or eligible employee in relation to the year immediately preceding resignation, death or retirement; orin the case of a contributor or eligible employee whose length of service at the time of his or her resignation, death or retirement is less than 12 months, be read as a reference to the average annual salary received in respect of the actual period of service;FAS(3) means –the average annual salary received by a contributor or eligible employee in relation to the period of 3 years immediately preceding resignation, death or retirement; orin the case of a contributor or eligible employee whose length of service at the time of his or her resignation, death or retirement is less than 3 years, be read as a reference to the average annual salary received in respect of the actual period of service;Regulation 3Subregulation (1) amended by S.R. 1994, No. 178full-time equivalent service means the period of service a person who has been employed on a part-time basis would have attained had that person been employed on a full-time basis;Fund means the Retirement Benefits Fund continued in existence under section 11 of the Act;Government department means a department established under section 24 of the State Service Act;half-year means a period of 6 months commencing on 1 January or 1 July in each year;Head of Agency means a Head of Agency referred to in section 28 of the State Service Act;Index means the table described as the Consumer Price Index Numbers – All Groups, All Capital Cities that is published by the Commonwealth Statistician under the Census and Statistics Act 1905 of the Commonwealth;interim invalidity pensioner means a person who is in receipt of an interim invalidity pension;invalidity means total and permanent incapacity, that is such bodily infirmity, physical incapacity or mental incapacity of such a kind that the Board is satisfied that the employee is, and until age 60 years will continue to be, unfit to work in a position for which the employee is reasonably qualified by education, training or experience and for which he or she may be required to accept;invalidity pensioner means a person who is in receipt of an invalidity pension;investment account means an account established under regulation 60;long term bond rate means the rate that, on 15 December, 15 March, 15 June and 15 September in each year, is advised by the Commonwealth as being the weighted average issue yield for the longest term stock in the most recent Treasury bond tender;pay day means a day on which a fortnightly instalment of a pension is payable under regulation 83;permanent employee means a person aged 15 years or over who is employed in a permanent capacity in an Agency and includes an employee who is –Regulation 3Subregulation (1) amended by S.R. 1994, No. 178appointed to a position in the State Service under section 36 or 38(1)(b) of the State Service Act; oremployed in a permanent capacity by the Hydro-Electric Commission; oremployed in a permanent capacity as a police officer; oremployed in a permanent capacity by, or on behalf of, a public hospital authority; orRegulation 3Subregulation (1) amended by S.R. 1994, No. 178employed as a student nurse or a trainee under section 38 of the State Service Act; oremployed in a permanent capacity otherwise than as provided in paragraphs (a) to (d) inclusive, and who, immediately before was contributing to the Fund; oran officer the term of whose appointment is fixed by law; orappointed under Part V of the State Service Act and who elects, under section 29(12) of that Act, to continue to be an employee for the purposes of these regulations; ora person employed in a permanent capacity who, under any Act, is taken to be an employee within the meaning of, or for the purposes of, these regulations; orRegulation 3Subregulation (1) amended by S.R. 1994, No. 178an employee, or one of a class of employees, of an Agency determined by the Treasurer, on the recommendation of the Board, to be employed in a permanent capacity for the purposes of these regulations –but does not include –a person to whom regulation 4 relates; ora permanent part-time employee who before was not a contributor to the Fund; ora married female employee who has been continuously employed since and who is not contributing to the Fund; ora person –whose employment is of a casual or temporary full-time nature; orwho is a temporary part-time employee; orwho is employed as an agent or who is remunerated by fees, allowances or commission only; orwhose appointment is honorary; orwho is contributing to a public sector superannuation fund otherwise than under these regulations; orRegulation 3Subregulation (1) amended by S.R. 1994, No. 178who is employed under a contract which is not a prescribed contract of employment; orRegulation 3Subregulation (1) amended by S.R. 1994, No. 178a person who is employed in a permanent capacity by a State authority who under regulation 23A is not eligible to become a contributor;personal representative, in relation to a deceased employee, an employee or a former employee, means the spouse of the employee or such other person that the Board, having regard to all the circumstances, may determine;police officer means a police officer within the meaning of the Police Regulation Act 1898 and includes the Commissioner of Police, the Deputy Commissioner of Police, an Assistant Commissioner of Police and a cadet appointed under section 28A of that Act;prescribed contract of employment means a contract in writing under which a person is employed in an Agency, for a period that is, or for periods that together are, not less than 3 years, whether the periods are specified in, or determined by reference to, the contract;preservation age means age 55 years or any later age prescribed by law of the Commonwealth and in force from time to time and applicable to the preservation of contributions required to be made to a superannuation fund for the purposes of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth;provident fund means so much of the Fund as represents the total of the amounts which in accordance with these regulations stand to the credit of the contributors' accounts of provident fund contributors;provident fund contributor means a police officer who was a member of the fund established under the Police Regulation Act 1898 and who immediately before was a contributor to the Fund under section 61BA of the repealed Act and has not elected to contribute to the Fund under the Retirement Benefits (Transitional) Regulations 1994;public sector superannuation scheme means a scheme for the payment of superannuation, retirement or death benefits that is established –by or under an Act; orby a public authority, statutory body, body corporate or other body constituted by or under an Act;quarter means a period of 3 months commencing on 1 July, 1 October, 1 January and 1 April in any year;repealed Act means the Retirement Benefits Act 1982 as amended by the Retirement Benefits Act 1993;responsible officer, in relation to an Agency, means –the person employed in that Agency to whom is assigned the duty of conducting the business of the Agency relating to the Fund; orwhere that duty is not assigned, the Head of Agency or person in charge of the Agency;Regulation 3Subregulation (1) amended by S.R. 1994, No. 178Regulation 3Subregulation (1) amended by S.R. 1994, No. 178salary includes wages, allowances and discretionary benefits paid or payable to a person as an employee and –any amount paid by an Agency to a complying superannuation fund on behalf of an employee; andany amount paid for, or value assessed of non-salary benefits received by, an employee who has the option of receiving the amount as salary or in another form of benefit –but does not include –any bonus or payment for special circumstances of an occasional nature; orany payment in respect of travelling or other work related expenses; orany payment in respect of accrued recreation leave or long service leave paid as an eligible termination payment within the meaning of the Income Tax Assessment Act 1936 of the Commonwealth;service in relation to a contributor means a period or periods of any of the following kinds:a period in respect of which a contributor made contributions to the Fund under Part 4;any period recognized as service under regulation 24, 25 or 48;State authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the Royal Prerogative, where the body or authority or its governing authority wholly or partly comprises a person or persons appointed by the Governor, a Minister or another State authority but does not include a Government department;State Service Act means the Tasmanian State Service Act 1984;transfer arrangement means an arrangement or agreement under which services currently provided by an Agency are transferred to another person, organization or State authority which is declared by the Treasurer by notice in the Gazette to be a transfer arrangement for the purposes of these regulations;vested benefits means the aggregate of the amounts standing to the credit of the accounts established under these regulations for a contributor or eligible employee;voluntary contributions means the voluntary contributions paid or payable under these regulations by an eligible employee or a contributor by reason of an election under regulation 61.For the purposes of the definition of "salary" in subregulation (1), contributions made by an Agency to a regulated superannuation fund on behalf of an employee employed under contract are taken to be included in the employee's salary.For the purposes of the definition of "service" in subregulation (1), if a person, having been absent from duty while in receipt of an invalidity pension or an interim invalidity pension under these regulations, is reappointed to an office or position in the service of an Agency, the period during which he or she was so absent is taken to comprise part of his or her service.A reference in these regulations to a period expressed in years includes, where appropriate, a reference to a period expressed in years together with a fraction of a year, that is expressed in days.

Non-application of regulationsThese regulations do not apply to –Regulation 4Amended by S.R. 1994, No. 178a judge, the Solicitor-General or the Director of Public Prosecutions; ora person who is employed as an agent only; ora person whose appointment is honorary; orRegulation 4Amended by S.R. 1994, No. 178a person employed in an Agency who has elected, by notice in writing to the Board, not to contribute to the Fund on the ground that alternative arrangements have been made for that employee by an Agency which, in the opinion of the Board, satisfy the requirements of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; orRegulation 4Amended by S.R. 1994, No. 178a person employed in an Agency as at 1 July 1994 for whom alternative superannuation arrangements have been made by that Agency in substitution for membership of the contributory scheme established under Part 4 which, in the opinion of the Board, satisfy the requirements of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; oran overseas employee who, under the laws of a place outside the Commonwealth, is required to make prescribed social security contributions in respect of his or her employment or his or her holding of an office or position by virtue of which he or she is or, but for this regulation would be, an employee within the meaning of these regulations; ora member of Parliament; oran employee who is or becomes a member of, or a contributor to, a superannuation scheme other than under these regulations for persons –appointed or employed under section 4A of the Botanical Gardens Act 1950; orappointed or employed under section 11 of the Racing Act 1983; oremployed in the Tasmanian Museum and Art Gallery; orappointed or employed under section 14 of the Ambulance Service Act 1982; oremployed in the Tasmanian Dairy Industry Authority; orappointed or employed under section 35(2) of the Fisheries Act 1959; oremployed in the State Fire Commission; orappointed or employed under section 21A of the Marketing of Primary Products Act 1945 for the purposes of the Egg Marketing Act 1957; oremployed by the Totalizator Agency Board; orRegulation 4Amended by S.R. 1994, No. 178employed by the Metropolitan Transport Trust who are contributing to a scheme established or maintained by that Trust; ora person engaged in an Agency who is not an employee within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.

Application of Commonwealth lawRequirements of the standards prescribed for the purposes of the Occupational Superannuation Standards Act 1987 or the Superannuation Industry (Supervision) Act 1993 of the Commonwealth or any other law of the Commonwealth relating to regulated superannuation schemes in force from time to time applicable to matters arising under these regulations have effect in relation to those matters as if they were included in these regulations.

Amendments to regulationsBefore submitting to the Treasurer any regulations to be approved by the Governor, the Board, if it is appropriate to do so, is to provide the Treasurer with a statement as to the likely cost to the State of the proposed regulations.

Administration

Provisions relating to constitution, membership and meetings of BoardThe Board consists of 6 members appointed by the Governor, of whom –3 are persons nominated by the Treasurer; and3 are persons of whom –one is a person elected by contributors; andone is a person elected by eligible employees; andRegulation 7Subregulation (1) amended by S.R. 1994, No. 178one is a person nominated by the Tasmanian Trades and Labor Council.The first election of members of the Board for the purposes of subregulation (1)(b) is to be held as soon as practicable after and not later than .A person holding a position or an office under the State Service Act, other than an officer of the Board or the Trust, is eligible for appointment as a member of the Board, and may hold office as such a member in conjunction with a position or an office under the State Service Act.Schedule 1 has effect with respect to the election of members of the Board.

Functions and powers of BoardThe functions of the Board are to –manage the Fund so as to maximize the return earned on the Fund, having regard to the need to –provide for payments out of the Fund; andexercise reasonable care and prudence so as to maintain the integrity of the Fund; andadminister the receipt of contributions and voluntary contributions and the payment of benefits having due regard to the need for equity among employees and beneficiaries; andcollect contributions and voluntary contributions and to pay benefits; andestablish policies in respect of the administration of these regulations and the investment of money standing to the credit of the Fund and to adopt strategies designed to achieve those policies; anddetermine, authorize and approve programmes for the administration of these regulations and the investment of money standing to the credit of the Fund; andconduct its operations in an efficient, effective and economic manner; andtake, purchase, lease, hold, sell, exchange and dispose of real and personal property for the purposes of these regulations; andinform contributors about the management of the Fund including making available to contributors, at least once a year, a summary of information relating to their entitlements.In performing its functions, the Board must have regard to the need to protect information the disclosure of which could adversely affect the financial position or the commercial or other operations of the Board or the Trust.In performing their functions, the members of the Board must –act honestly in all matters concerning the Fund; andexercise, in relation to all matters affecting the Fund, the same degree of care, skill and diligence as an ordinary prudent person would exercise in dealing with property of another person for whom that person felt morally bound to provide; andensure that the Board's functions and powers are performed and exercised in the best interests of the beneficiaries; andkeep the money and other assets of the entity separate from any money and assets –that are held by the member personally; orthat are money or assets of the State or an Agency; andsubject to these regulations, not enter into any contract, or do anything else, that would prevent the Board from, or hinder the Board in, properly performing or exercising its functions and powers; andformulate and give effect to an investment strategy that has regard to the whole of the circumstances of the Fund including –the risk involved in making, holding and realizing, and the likely return from, the Fund's investments having regard to its objectives and its expected cash flow requirements; andthe composition of the Fund's investments as a whole, including the extent to which the investments are diverse or involve the Fund in being exposed to risks from inadequate diversification; andthe liquidity of the Fund's investments, having regard to its expected cash flow requirements; andthe ability of the Fund to discharge its existing and prospective liabilities; andif there are any reserves of the Fund, formulate and give effect to a strategy for the prudent management of those reserves; andallow a beneficiary access to any information or any documents prescribed under an Act of the Commonwealth or of this State.The Board may do anything necessary or convenient to perform its functions.

Power of Board to engage persons and officersThe Board may –appoint agents and attorneys; andact as an agent for other persons; andengage consultants; andappoint investment managers and custodians.The Board may appoint as officers of the Board any persons it considers necessary for the purpose of enabling it to properly carry out its functions.The Board must appoint a person as Secretary to the Board.Until the Board appoints a person under subregulation (3), the person holding office of General Manager of the State Superannuation Office is the Secretary to the Board.The Secretary may exercise and is to perform such powers, authorities, duties and functions as are prescribed or as the Board may authorize or direct.A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of any such House of Parliament, is disqualified from appointment as an officer of the Board and a person holding office as such an officer ceases to hold that office on becoming a candidate for such an election.Schedule 2 has effect with respect to –the appointment and terms and conditions of employment of persons appointed under subregulations (2) and (3); andany officer who is a candidate for election as mentioned in subregulation (6).All costs incurred by the Board under this regulation are a charge against the Fund.

Protection for members and officers of BoardAny member or officer of the Board is not personally liable for an honest act or omission done or made in the exercise or purported exercise of a power or the performance or purported performance of a function under these regulations.A liability that would, but for subregulation (1), be against any member or officer of the Board, lies against the Board.

Annual report of BoardThe Board must, in respect of each financial year, prepare an annual report containing –a report of its operations during the financial year; andan audited statement of the financial position of the Fund; anda summary of the most recent report prepared by the Actuary showing the superannuation liabilities of both the State and each State authority –and submit the report to the Treasurer not later than 30 November following the financial year.The Treasurer is to cause each annual report to be laid before each House of Parliament before the expiration of 10 sitting days of that House after the annual report has been received.The Board is to cause a copy of each annual report, or a summary of the copy, to be distributed to contributors and eligible employees not later than 31 December following the end of each financial year.

Appointment of ActuaryThe Governor may appoint a person or organization as the Actuary for the purposes of these regulations for any period, and on any terms and conditions, specified in the instrument of appointment.

Retirement Benefits Fund

Operation of FundThere is to be paid into the Fund all –contributions and voluntary contributions paid by employees under these regulations; andpayments required by or under these regulations to be made to the Fund by the Treasurer or a State authority; andincome derived from the investments made under regulation 14 but without taking into account unrealized capital gains or losses; andmoney required or authorized by these regulations or the Retirement Benefits (Transitional) Regulations 1994 to be paid by any person to the Board; andmoney, investments and assets that, on or after , are transferred to, and vested in, the Board by the Act.The management and control of the Fund are vested in the Board.Money that is payable into the Fund is to be paid to the Board.The Board must pay out of the Fund –all pensions and lump sum benefits and all refunds of contributions or other sums payable under these regulations and the Retirement Benefits (Transitional) Regulations 1994; andthe expenses and remuneration incurred for services that are authorized and carried out for the purposes of administration of these regulations and the Retirement Benefits (Transitional) Regulations 1994; andany taxation, liability, duty or fee imposed on the Fund under a law of the Commonwealth or this State.

Investment of FundSubject to this regulation, money standing to the credit of the Fund may be invested by the Board with the Trust or with any investment manager in any manner in which the Board thinks fit.The Board may authorize an investment manager to perform the powers and duties of the Board with respect to all or part of the money of the Fund available for investment.Whether or not the Board appoints an investment manager, it must conduct a review at least every 12 months of its investment policy and the management and performance of its investments.Without limiting the generality of subregulation (1), money standing to the credit of the Fund may be invested on first mortgage of real property in the State, including a completed flat that is held in fee simple to which a stratum plan registered under Part XIA of the Conveyancing and Law of Property Act 1884 relates.Subregulation (4) applies to a mortgage or further charge under or in respect of which the Trust or the investment manager has priority over all other persons.The Board must ensure that the assets of the Fund are invested in a manner that is consistent with the standards prescribed for the purposes of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth and in force from time to time.For a period ending no sooner than , money standing to the credit of the Fund as at , contributions received by the Board under Part 4 and investment income which are not immediately required for the purposes of these regulations are to be invested with the Trust.

Actuarial investigations of FundAn investigation as to the state and sufficiency of the Fund is to be made as at 30 June 1995 and at the expiration of each succeeding period of 3 years.An investigation for the purposes of subregulation (1) is to be made by the Actuary who, not later than 12 months after the date at which the investigation is to be made, must report the result of such an investigation to the Board and to the Treasurer.The Actuary must include in a report for the purposes of subregulation (1) –a statement as to whether any change should be made in –the basis on which, or the extent to which, lump sum entitlements may be converted into pension payments under Part 7; andthe proportion in which the contributions required to be paid to the Fund under regulation 90 by the Treasurer and by a State authority is to be paid; anda statement of the financial position with respect to the current and future liabilities for pensions and benefits; anda statement as to any liability for benefit payments not expected to be financed out of the assets of the Fund or any future contributions; andany other matters which the Actuary may consider appropriate.The Board must provide a copy or extract of the Actuary's report to any employee on written request.The Actuary may from time to time make comments and provide advice to the Board or to the Treasurer on any matter or thing relating to or arising out of these regulations.

Power of Board to borrowThe Board may request the Treasurer for money to make any payment that it is required to make under these regulations and the Treasurer may, out of money available to him or her, temporarily lend to the Board the money so requested or any part of that money the Treasurer determines.The Treasurer must not lend money to the Board for a period exceeding one month.The Board must pay to the Treasurer interest on any money lent to it under this regulation at any rate the Treasurer determines.

Treasurer's guaranteeThe Treasurer on behalf of the State must guarantee the payment of contributions required to be made to the Fund by an Agency or a State authority if that Agency or Authority fails to make the contributions required under these regulations within 28 days after a claim is made by the Board.Any payment guaranteed by the Treasurer is to be paid to the credit of the Fund within 7 days after a demand for it is made by the Board.Investments made by the Board in respect of voluntary contributions or benefits transferred to the Fund under regulation 62 are not guaranteed by the Treasurer.

Accounts and recordsThe Board must ensure that there are proper accounts and records kept of the transactions and affairs of the Board and any other records as will sufficiently explain the financial operations and position of the Board.The Board is to do all things necessary to –ensure that all money payable to the Board is properly collected; andensure that all money expended by the Board is properly authorized; andensure that adequate control is maintained over assets owned by or in the custody of the Board; andensure that all liabilities incurred by the Board are properly authorized; anddevelop and maintain an adequate budgeting and accounting system; anddevelop and maintain an adequate internal audit system.As soon as practicable after 30 June in each year, the Board must prepare a statement of accounts, in a form approved by the Auditor-General, having regard to subregulation (4), showing a true and correct view of the financial position of the Fund as at that date and the transactions of the Fund with respect to the period of 12 months ending on that date.For the purposes of subregulation (3), the investments of the Fund are to be shown at market value as at 30 June in each year, with unrealized capital gains and losses being brought to account.

Payment for auditThe Board must pay to the Public Account an amount to be determined by the Treasurer to defray the costs and expenses of any audit by the Auditor-General.

Membership, contributions and benefits of contributory schemeMembership

Persons required to join schemeExcept as provided in subregulation (2), a person who –is an existing contributor under the age for retirement; orbecomes a permanent employee on or after and is under the age for retirement –is to contribute until reaching the age for retirement as provided in regulations 23 and 27.If a contributor who is employed on a full-time basis and who is on leave without pay from an Agency again becomes a permanent employee by virtue of an appointment to another position, that contributor is, on and from the date of that appointment, to be taken as a contributor only in respect of that position.

Persons who may elect to join schemeSubject to this regulation, a person who is not a permanent employee but who is –a person who has been employed continuously in a temporary full or part-time capacity (whether before or after ) during the 2 years immediately preceding the date on which he or she so elects; orRegulation 21Subregulation (1) amended by S.R. 1994, No. 178a person employed under a prescribed contract of employment which does not make provision for alternative superannuation arrangements; orRegulation 21Subregulation (1) amended by S.R. 1994, No. 178a person employed under section 9 of the Governor Of Tasmania Act 1982; orRegulation 21Subregulation (1) amended by S.R. 1994, No. 178a person employed under section 4 of the Parliamentary Privilege Act 1898 –may elect within 12 months of becoming eligible to contribute, or any extended time the Board may allow, to become a contributor on and from the date of the election or, in the case of a temporary full-time employee to whom paragraph (a) refers, on and from a date 6 months before the receipt of the election.If a person makes an election under subregulation (1), he or she ceases to be an eligible employee on the date he or she becomes a contributor and is entitled to have transferred to an account established under regulation 63 an amount equal to the lump sum benefit as provided in regulation 54 or 55.This regulation does not apply to a person who, under regulation 23, has elected not to contribute to the Fund.For the purposes of subregulation (1)(a), a person is taken to be employed continuously in a temporary full-time or part-time capacity if he or she is employed in such circumstances that, had he or she been so employed in a permanent capacity, he or she would have been a contributor within the meaning of these regulations.On the making of an election under this regulation by an employee to whom subregulation (1)(a) or (b) relates, he or she is taken to become a permanent employee within the meaning of this Part and remain such an employee so long as he or she is employed as provided in subregulation (1)(a) or (b) or is employed as a permanent employee.Regulation 21Subregulation (6) inserted by S.R. 1994, No. 178An eligible employee who is employed in a State authority which, with the approval of the Treasurer, has elected to participate only in the non-contributory scheme established under Part 5 is not entitled to join the contributory scheme established under Part 4.

Contributors for full benefits or limited benefitsAn employee who becomes a contributor is not eligible to become a contributor for full benefits except as provided by regulation 100.An employee who becomes a contributor and is not eligible, under regulation 100, to become a contributor for full benefits is taken to be a contributor for limited benefits.If at any time after a person becomes a contributor for limited benefits he or she satisfies the Board, under regulation 100, that his or her health and physical condition are such as to justify him or her being accepted as a contributor for full benefits, he or she is entitled to become a contributor.

Exemption from contributingA permanent employee who is a contributor or who is required to become a contributor may be exempted from contributing as provided in this regulation.Where a permanent employee satisfies the Board that he or she has made adequate provision for superannuation otherwise than under these regulations, the Board may exempt him or her from contributing.Where a married female permanent employee –commenced continuous employment in an Agency before ; andis a contributor to the Fund –the employee may, by notice in writing to the Board, elect not to continue to contribute to the Fund.Regulation 23Subregulation (4) substituted by S.R. 1994, No. 178A contributor who ceases to be a permanent employee but remains employed in a temporary capacity, by notice in writing to the Board, may elect to exempt himself or herself from contributing to the Fund.Regulation 23Subregulation (4A) inserted by S.R. 1994, No. 178A contributor who is employed under a prescribed contract of employment that makes provision for alternative superannuation arrangements in substitution for membership of the contributory scheme established under Part 4 –is not entitled to contribute to the Fund; andis not an eligible employee.If a permanent employee who, immediately before , did not contribute to the Fund because he or she was not permitted to contribute on medical grounds, that employee continues to be exempt from contributing unless he or she elects in writing to the Board, not to remain so exempt.If a permanent employee is exempt from contributing under this regulation, that employee is not obliged to contribute to the Fund unless, by notice in writing, the employee elects to contribute to the Fund on and from a date determined by the Board having regard to the wishes of the employee.Regulation 23Subregulation (7) amended by S.R. 1994, No. 178If a permanent employee to whom subregulation (2), (3), (4) or (4A) applies is a contributor to the Fund and is granted exemption from contributing, he or she ceases to be a contributor on the day on which the exemption is granted and is entitled to have transferred to an account established under regulations 60 and 63 an amount equal to the lump sum benefit as provided in regulation 41.An employee who is exempt from contributing under this regulation is taken to be an eligible employee for the purposes of Part 5 on and from the date on which the exemption is granted.

Regulation 23AInserted by S.R. 1994, No. 178Ineligibility to become contributorsA permanent employee of a State authority is not eligible to become a contributor if –an Act allows that authority to establish superannuation arrangements for its employees; andthat authority, with the approval of the Treasurer, has elected to participate in the non-contributory scheme established under Part 5 or in a scheme other than a scheme established under these regulations and not in a scheme established under Part 4.

Recognition of certain periods of non-contributory serviceSubject to the Retirement Benefits (Transitional) Regulations 1994, a person who is a permanent employee on or who, after that day, becomes a permanent employee and –immediately before becoming a permanent employee, was a student teacher, cadet, apprentice or a trainee of any other kind, employed in an Agency; orimmediately before becoming a permanent employee, was an employee within the meaning of the Superannuation Act 1938, the Retirement Benefits Act 1970 or the repealed Act; orRegulation 24Subregulation (1) amended by S.R. 1994, No. 178who, under regulation 30, proceeds on leave without pay other than sick leave, maternity leave or adoption leave under regulation 30(7)(b); orRegulation 24Subregulation (1) amended by S.R. 1994, No. 178at some time previously was a contributor but had resigned; orat some time previously had, as a married female employee, elected not to pay contributions or had not been obliged to make contributions –and in respect of the period of service to which paragraphs (a), (b) or (c) relate, did not make contributions, may, by notice in writing to the Board, elect that his or her period of non-contributory or prior service, or a specified part of that period, be regarded as service for the purposes of this Part.If a permanent employee has made an election under subregulation (1), the employee may, subject to subregulation (3), enter into one or more arrangements with the Board, either immediately or at some future time or both, under which the whole or part of the period of service referred to in the election is treated as service as a contributor to the Fund.Before making arrangements with a contributor under subregulation (2), the Board may direct that the contributor undergoes any reasonable medical examinations the Board may require.Regulation 24Subregulation (4) substituted by S.R. 1994, No. 178If an employee enters into an arrangement under subregulation (2), he or she is to pay to the Board a sum calculated in accordance with the following formula:where –A is the amount of contributions to be paid to the Fund by the employee;B is the full-time equivalent average annual salary received by the employee in relation to the year immediately preceding the date of the upgrade calculation;PBMF is the purchased benefit multiple factor calculated by multiplying the period or periods of the contributor's past full-time equivalent service by the difference in the benefit multiple factor as provided in regulation 33(1) for each of those periods;C is the percentage, as determined by the Actuary, applicable to the employee, having regard to his or her age when he or she enters into the arrangement, his or her age for retirement and all other relevant factors, being the actuarial equivalent of the additional total benefit that will be derived under these regulations if the employee purchases the service and pays the sum calculated in accordance with this subregulation.A sum required to be paid under an arrangement under subregulation (2) is to be paid in a lump sum or in any manner the Board determines but not later than 12 months after the contributor enters into the arrangement.Regulation 24Subregulation (6) substituted by S.R. 1994, No. 178On receipt of a lump sum under subregulation (5), the amount of future contributions required to be made under regulation 90 by the Treasurer or a State authority is to be reduced, as soon as practicable, by an amount equal to five-sevenths of the lump sum received or any other amount the Treasurer determines on the advice of the Actuary.On receipt of the lump sum referred to in subregulation (5), the Board is to credit the contributor's account with a sum equal to the difference between the lump sum and the amount paid to the Treasurer or State authority under subregulation (6).

Recognition of service under the repealed ActA person who on is or was a contributor to the fund established under the repealed Act, and who is not an amalgamated contributor or a provident fund contributor, is to be credited with service for the purposes of this Part as provided in the Retirement Benefits (Transitional) Regulations 1994.For the purposes of subregulation (1), the period of service –is to be a period expressed in years; andin the case of a contributor employed on a full-time basis throughout the period of service, is to be defined as a period or periods comprising service to –the 40 years' service scheme at the higher rate of contribution; orthe 40 years' service scheme at the lower rate of contribution; orthe 35 years' service scheme; orthe 30 years' service scheme; orin the case of a contributor employed on a part-time basis or partly on a part-time basis and partly on a full-time basis, is to be defined as a period or periods of full-time equivalent service to –the 40 years' service scheme at the higher rate of contribution; orthe 40 years' service scheme at the lower rate of contribution; orthe 35 years' service scheme; orthe 30 years' service scheme; andis to be calculated in accordance with the term service as defined in the repealed Act and adjusted by application of sections 59 and 61 of that Act.A person who under the Retirement Benefits (Transitional) Regulations 1994 becomes a contributor on or after but with effect to a date before , is to be credited with service for the purposes of this Part as provided in those regulations.For the purposes of subregulation (3), the period of service –is to be a period expressed in years; andin the case of a person employed on a full-time basis throughout the period of service, is to be specified as if that person had always been contributing at the basic contribution rate; andin the case of a person employed on a part-time basis or partly on a part-time basis and partly on a full-time basis, is to be specified as a period of full-time equivalent service at the basic contribution rate.The Board is to include in a statement issued each year to a contributor a reference to the period or periods of service before that are recognized for the purposes of this Part.

Contributions

Obligation of certain employees to contributeA person under the age for retirement who –is an existing contributor; oris an amalgamated contributor; oris a provident fund contributor; orbecomes a permanent employee on or after ; orunder regulation 21 is taken to be a permanent employee –must, unless exempted under regulation 23, contribute to the Fund.A person to whom subregulation (1)(a) applies must contribute at the commensurate rate of contribution provided in regulation 29(1) unless the person elects in writing to the Board to contribute under this regulation at another rate of contribution.A person to whom subregulation (1)(d) applies must contribute at the rate provided in regulation 29 unless the person elects in writing to the Board to contribute under this regulation at a higher rate of contribution.A person who makes an election under subregulation (2) or (3) must specify in that election the rate of contribution to be made by him or her, being a rate consisting of multiples of 1% of salary, with the minimum rate of contribution being 5% of salary and the maximum rate of contribution being 11% of salary, or any higher rate the Board approves.Regulation 26Subregulation (5) substituted by S.R. 1994, No. 178If, under subregulation (2) or (3), a person elects to increase the rate of contributions retrospectively, he or she, subject to subregulation (6), must enter into an arrangement with the Board for the payment of a sum calculated in accordance with the following formula:where –A is the amount of contributions to be paid to the Fund by the employee;B is the full-time equivalent average annual salary received by the employee in relation to the year immediately preceding the date of the upgrade calculation;PBMF is the purchased benefit multiple factor calculated by multiplying the period or periods of the contributor's past full-time equivalent service by the difference in the benefit multiple factor as provided in regulation 33(1) for each of those periods;C is the percentage, as determined by the Actuary, applicable to the employee, having regard to his or her age when he or she enters into the arrangement, his or her age for retirement and all other relevant factors, being the actuarial equivalent of the additional total benefit that will be derived under these regulations if the employee purchases the service and pays the sum calculated in accordance with this subregulation.Regulation 26Subregulation (5A) inserted by S.R. 1994, No. 178The Board is to deal with a sum received under subregulation (5) in accordance with regulation 20A of the Transitional Regulations.Before making arrangements with a contributor under subregulation (5), the Board may direct that the person undergoes any reasonable medical examinations the Board requires.A sum required to be paid under an arrangement under subregulation (5) is to be paid in a lump sum or in any manner the Board determines but not later than 12 months after the contributor enters into the arrangement.Where a person pays to the Board the sum required under an arrangement under subregulation (5), his or her benefit is to be calculated as if he or she had in respect of the period for which the arrangement had been made at all times during his or her service contributed at the higher rate of contribution.If a person does not pay to the Board the sum required under an arrangement under subregulation (5), he or she is taken to have commenced to contribute to the Fund at the higher rate of contribution on the day the Board determines.A person who has made an election to pay contributions above the basic contribution rate may, by notice in writing to the Board, elect to revoke or vary that election.If a contributor has revoked his or her election to pay additional contributions above the basic contribution rate, the Board may refund to him or her the total of all excess contributions paid above the basic contribution rate together with interest if it is satisfied that the employee would suffer financial hardship if the refund is not made to him or her.

Commencement and cessation of contributionsThe contributions of a permanent employee are to commence on the day on which he or she is appointed to the office or position by virtue of which he or she is an employee.The contributions of a person to whom regulation 21 refers commence on the day that the person is taken to have become a permanent employee.Except as provided in subregulation (4), an employee's contributions cease to be payable on the day on which he or she ceases, for any reason, to be an employee or attains age 65 years, whichever is the earlier.The contributions of a permanent employee who contributes to the Fund as an amalgamated contributor cease to be payable –with respect to that part of the employee's contributions applicable to units contributed under the Superannuation Act 1938, as if section 18 of that Act was still in force; andwith respect to that part of the employee's contributions payable after , on the day on which he or she ceases, for any reason, to be an employee or on the day on which he or she attains age 65 years, whichever is the earlier.

Time and manner of paying contributionsExcept as otherwise provided in these regulations, the contributions of a contributor are to be deducted from his or her salary at such periods and in such manner as are determined by the Board.A responsible officer is to –prepare a return for every pay period showing the total amount of salary and contributions payable in respect of each contributor in respect of whom he or she is the responsible officer; andforward that return to the Board; andin the case of contributors whose salaries are paid out of the Consolidated Fund, forward a copy of the return to the Treasurer.

Rates of contributions and related mattersThe contributions payable on and after by a person who is an existing contributor, but not an amalgamated contributor or a provident fund contributor, are to be in accordance with the following table:Rate of contribution payable under Schedule 3 to repealed Act as at 30 June 1994Rate of contribution under these regulationsBasis of contributions% of salary% of salary40 years service scheme at lower rate2.752.540 years service scheme at higher rate5.55.035 years service scheme8.08.030 years service scheme11.011.0The contributions payable on and after by a person who is contributing to the Fund as an amalgamated contributor are to comprise –a sum equal to the contributions that would have been payable to the fund established under the Superannuation Act 1938 immediately before ; and5% of any increase in salary received on or after .The contributions payable by a person who becomes a permanent employee on or after are to comprise –if the person has not made an election to contribute at a higher rate under regulation 26, 5% of salary; orif the person has made an election under that regulation, the percentage of salary specified in that election, being a percentage not less than 5% and not greater than 11%, unless otherwise approved by the Board.The contributions payable on and after by a provident fund contributor are to comprise 7.5% of salary.If an amount calculated in accordance with this regulation includes a fraction of a cent –if the fraction is 0.5 cents or more, that amount is to be increased to the next highest whole number of cents; orif the fraction is less than 0.5 cents, that amount is to be reduced to the next lowest whole number of cents.

Contributions while on leave on less than full pay or interim invalidity pensionRegulation 30Subregulation (1) substituted by S.R. 1994, No. 178Except as provided in this regulation, a contributor who immediately before is on leave of absence for any period on less than full pay, on sick leave without pay or on maternity leave or adoption leave is, subject to subregulation (7)(a), to continue to contribute to the Fund.If, under regulation 96, the Board has determined that a contributor is entitled to an interim invalidity pension, that contributor is, for the purposes of this regulation, taken to be on sick leave without pay.The rate of contribution payable under subregulation (1) is the rate at which the contributor would have been required to contribute to the Fund if the contributor had continued to receive his or her full salary in respect of that period and if, for any reason, the contributor becomes entitled to an increase in salary while absent from duty on that leave, his or her obligation to contribute to the Fund is to be calculated with reference to his or her salary as so increased.Regulation 30Subregulation (4) amended by S.R. 1994, No. 178If a contributor is on sick leave on less than full pay or without pay or a contributor is on maternity leave or adoption leave as provided in subregulation (7)(b), the Board, on the application of the contributor, may permit him or her to defer contributions for any period not exceeding 2 years the Board approves, subject to any conditions as to the future payment of his or her contributions the Board imposes (including conditions as to the payment of interest).Regulation 30Subregulation (5) amended by S.R. 1994, No. 178If a contributor on or after is on leave of absence without pay other than sick leave or on maternity leave or adoption leave under subregulation (7)(a), he or she is not permitted to contribute to the Fund but on return to duty may, under regulation 24, purchase recognition of that period of leave of absence as service for the purposes of these regulations.Regulation 30Subregulation (6) amended by S.R. 1994, No. 178If a contributor on or after is on leave of absence without pay, other than sick leave or on maternity leave or adoption leave under subregulation (7)(b), the period during which the contributor is absent from employment as mentioned in that subregulation –is not unless he or she purchases recognition of that period under regulation 24, counted as part of the contributor's service for the purposes of these regulations; anddoes not affect the contributor's continuity of service for the purposes of these regulations.Regulation 30Subregulation (7) amended by S.R. 1994, No. 178If after a contributor is on maternity leave or adoption leave, the contributor, within one month of proceeding on leave or any extended time the Board allows, is to –elect not to pay contributions required under subregulation (3); orelect to pay the contributions required under subregulation (3).Regulation 30Subregulation (8) amended by S.R. 1994, No. 178If a contributor who is on maternity leave or adoption leave fails to make the election as provided in subregulation (7), the contributor is taken to have made an election under paragraph (a) of that subregulation.If a contributor is required under this regulation to pay interest, that interest is taken to be contributions paid by that contributor.Regulation 30Subregulation (10) inserted by S.R. 1994, No. 178For the purposes of this regulation,leave of absence without pay means a period of leave without pay which exceeds 20 working days in any calendar year.

Contributor accountsThe Board is to establish an account for every contributor and contributions credited to that account and any interest that is credited under subregulation (2), less any deductions provided under regulation 32, are to vest in the employee.A contributor is entitled to interest on any contributions or other payments made by the contributor to the Board.For the purposes of subregulation (2), interest is to be calculated in accordance with regulation 94.For the purposes of subregulation (3), the annual earning rate of the Fund for each relevant financial year is to be determined by the Board on the advice of the Actuary, with unrealized capital gains and losses being brought to account as income and adjusted having regard to –the cost of administration of the Fund under regulation 89; andthe taxation liability of the Fund.

Deductions against contributor accounts for death and disability coverThe Board is to establish within the Fund a death and disability account.The Board, having regard to the advice of the Actuary in relation to both the experience of providing death and disability benefits under these regulations and the different commencement date of contributors, is to establish premium rates sufficient to fully meet the cost of death and disability benefits.The premium rates established under subregulation (2) remain in force for a period of 12 months commencing on 1 October in each year and are to be determined having regard to the experience of providing death and disability benefits in the preceding financial year.In relation to each contributor, other than a provident fund contributor, under age 60 years, the Board is to –debit the account of that contributor with a premium determined by reference to the salary received by that contributor and the appropriate premium rate established in relation to that contributor under subregulation (2); andcredit the sum of the amounts debited under paragraph (a) to the death and disability account.The Board, as soon as practicable after 30 June in each year, is to debit the death and disability account with an amount that, in the opinion of the Actuary, was required for the provision of death and disability benefits during the preceding financial year under these regulations.Regulation 32Subregulation (6) substituted by S.R. 1994, No. 178For the purposes of subregulation (5), in relation to a contributor in respect of whom a pension or lump sum benefit is paid for reasons of invalidity, partial and permanent incapacity, interim invalidity or death, the insured component of that benefit is taken to be the present value amount of the prospective service element of that pension or benefit, less the present value amount of the State's contributions to the prospective service element of that pension or benefit made under regulation 90.If, at the end of a financial year the premiums credited to the death and disability account are more than sufficient to meet the cost of death and disability benefits provided under these regulations, the Board is to determine whether to distribute the surplus in the death and disability account amongst the contributors' accounts or to carry it forward to the next year.If, at the end of a financial year those premiums are insufficient to meet those benefits, the Board is to –offset the deficiency against that surplus, if a surplus balance has been carried forward from the previous year; orfurther debit each contributor's account to the extent necessary to cover the deficiency, if there has not been a surplus balance carried forward from the previous year.

Lump sum benefits

Interpretation of Division 3In this Divisionbenefit multiple factor means the benefit factor derived by reference to the rate of contribution of an employee and –Regulation 33Subregulation (1) amended by S.R. 1994, No. 178in respect of the service of an existing contributor before , is as follows:Contribution rate (% of salary)Benefit Multiple Factor00.0002.750.1005.50.20060.20670.21780.22990.242100.254110.267Regulation 33Subregulation (1) amended by S.R. 1994, No. 178in respect of the service of a contributor other than an amalgamated contributor or a provident fund contributor on or after , is as follows:Contribution rate (% of salary)Benefit Multiple Factor00.00002.50.100050.200060.212570.225080.237590.2500100.2625110.2750For the purposes of this Division, where at any time during the period of 3 years immediately preceding the time of his or her resignation, retirement or death, a contributor has been absent on leave without pay or on less than full pay or has preserved his or her benefit or contributions in the Fund in accordance with this Part, the contributor's average annual salary is to be calculated as if he or she had continued to be employed in the same capacity on his or her full pay during the whole period.

Service for invalidity benefitRegulation 34Subregulation (1) amended by S.R. 1994, No. 178If the Board determines under regulation 96 that a contributor, other than a contributor who at his or her actual date of retirement was contributing as a part-time employee, is suffering from invalidity, his or her prospective service for the purpose of regulations 38 and 39 is taken to commence on the day immediately following his or her actual date of retirement and end on the day on which he or she would have attained age 60 years or he or she would have achieved 25 years service, whichever is the earlier.Regulation 34Subregulation (2) amended by S.R. 1994, No. 178Subject to subregulation (3), if the Board determines under regulation 96 that a contributor who at his or her actual date of retirement was contributing as a part-time employee is suffering from invalidity, his or her prospective service for the purpose of regulations 38 and 39 is to be calculated in accordance with the following formula:where –PS is the contributor's prospective service expressed in years;A is the period expressed in years commencing on the day immediately following his or her actual date of retirement and ending on the day on which he or she would have attained age 60 years or he or she would have achieved 25 years service, whichever is the earlier;B is, in the case of a contributor employed on a part-time basis or employed partly on a full-time basis and partly on a part-time basis, the full-time equivalent of the contributor's length of service as at the date of retirement expressed in years;C is the contributor's length of service as at the date of retirement.Regulation 34Subregulation (3) amended by S.R. 1994, No. 178If, after any inquiry it thinks fit, the Board is satisfied that a contributor who is a part-time employee had become such an employee for medical reasons, the Board may, for the purposes of regulations 38 and 39 deem that contributor's prospective service as full-time equivalent service.

Service and salary for part-time employeesFor the purposes of calculating the lump sum benefit to be paid to a contributor who at any time was a permanent or temporary part-time employee, his or her length of service as a part-time employee is to be adjusted to equivalent service in a full-time capacity.For the purpose of calculating the lump sum or pension benefit to be paid to a contributor who, during the final 3 years of service was a permanent or temporary part-time employee, his or her salary is taken to be the salary the contributor would have received if the contributor had been employed as a full-time employee in the office or position held by him or her.Subregulation (2) does not apply to a contributor who is a permanent or temporary part-time employee entitled to an interim invalidity pension.

Benefit on retirement of contributor due to ageRegulation 36Subregulation (1) amended by S.R. 1994, No. 178If a contributor, other than an amalgamated contributor or a provident fund contributor, retires otherwise than because of invalidity after attaining the preservation age but on or before attaining the age for retirement, he or she is entitled to a lump sum benefit calculated in accordance with the following formula:where –LS is the lump sum benefit payable;FAS(3) is –the average annual salary received by a contributor in respect of the period of 3 years immediately preceding resignation, death or retirement; orin the case of a contributor whose length of service at the time of his or her resignation, death or retirement is less than 3 years, the average annual salary received in respect of the actual period of service;ABMF is the contributor's adjusted benefit multiple factor, calculated by taking the rate or rates of contribution made by the contributor and multiplying the benefit multiple factor prescribed for that rate or those rates of contribution under regulation 33 by the contributor's length of service in years at that rate or for each of those rates of contribution and accumulating each result obtained from these multiplications;PP is the percentage of the lump sum benefit that the contributor has elected, under regulation 77, to be taken as a pension.Regulation 36Subregulation (2) amended by S.R. 1994, No. 178If an amalgamated contributor retires otherwise than because of invalidity after attaining the preservation age but on or before attaining the age for retirement, he or she is entitled to a lump sum benefit calculated in accordance with the following formula:where –LS is the lump sum benefit payable;SB is the pension value of the units purchased by the contributor under the Superannuation Act 1938 as at ;DS is the differential salary of the amalgamated contributor being the FAS(1) of that contributor less the annual salary payable in respect of that contributor as at ;PP is the percentage of the lump sum benefit that the contributor has elected, under regulation 77, to be taken as a pension.

Benefit on redundancy or compulsory retirementSubject to subregulation (2), if a contributor other than a provident fund contributor –is retired for the reason that –his or her service, office or position is unnecessary; orthe work for which he or she was engaged is finished; ordiminution of work necessitates a reduction in the number of employees; orbeing an officer the term of whose appointment is fixed by law, is not at the end of a term reappointed to his or her office and does not, by reason of some other appointment, continue to be a contributor; orbeing a contract employee, ceases to be a contract employee by reason of his or her contract not being renewed; oris retired by virtue of voluntary redundancy under an employment redundancy programme or ceases to be a contributor as a result of a transfer arrangement –he or she is entitled to a lump sum benefit calculated in accordance with this regulation.If a person who is a contributor under regulation 21, ceases to be a contributor under this regulation, and has less than 3 years of service, he or she is taken to have resigned and is entitled to benefits calculated under regulation 41.If a contributor to whom subregulation (1) refers is a contributor, other than an amalgamated contributor or a provident fund contributor, who is less than age 60 years, he or she is entitled to a lump sum benefit calculated in accordance with the following formula:where –LS is the lump sum benefit payable;FAS(3) is –the average annual salary received by a contributor in respect of the period of 3 years immediately preceding resignation, death or retirement; orin the case of a contributor whose length of service at the time of his or her resignation, death or retirement is less than 3 years, the average annual salary received in respect of the actual period of service;ABMF is the contributor's adjusted benefit multiple factor, calculated by taking the rate or rates of contribution made by the contributor and multiplying the benefit multiple factor prescribed for that rate or those rates of contribution under regulation 33 with the contributor's length of service in years at that rate or for each of those rates of contribution and accumulating each result obtained from these multiplications;PP is –in the case of a contributor who has attained the preservation age, is the percentage of the lump sum that the contributor has elected, under regulation 77, to be taken as a pension; orin the case of a contributor who has not attained the preservation age, 0.If a contributor to whom subregulation (1) refers is an amalgamated contributor aged 65 years or less, he or she is entitled to a lump sum benefit calculated in accordance with the following formula:where –LS is the lump sum benefit payable;SB is the pension value of the units purchased by the contributor under the Superannuation Act 1938 as at ;DS is the differential salary of the amalgamated contributor being the FAS(1) of that contributor less the annual salary payable in respect of that contributor as at ;Regulation 37Subregulation (4) amended by S.R. 1994, No. 178Regulation 37Subregulation (4) amended by S.R. 1994, No. 178PP is –in the case of a contributor who has attained the preservation age, the percentage of the lump sum that the contributor has elected under regulation 77 to be taken as a pension; orin the case of a contributor who has not attained the preservation age, 0.If a contributor to whom subregulation (1) refers is a contributor, other than an amalgamated contributor or a provident fund contributor, who is aged 60 years or over but less than age 65 years, he or she is entitled to a lump sum benefit calculated in accordance with the following formula:where –LS is the lump sum benefit payable;FAS(3) is –the average annual salary received by a contributor in respect of the period of 3 years immediately preceding resignation, death or retirement; orin the case of a contributor whose length of service at the time of his or her resignation, death or retirement is less than 3 years, the average annual salary received in respect of the actual period of service;ABMF is the contributor's adjusted benefit multiple factor, calculated by taking the rate or rates of contribution made by the contributor and multiplying the benefit multiple factor prescribed for that rate or those rates of contribution under regulation 33 with the contributor's length of service in years at that rate or for each of those rates of contribution and accumulating each result obtained from these multiplications;PBMF is the contributor's prospective benefit multiple factor, calculated by taking the basic contribution rate applicable to the contributor and multiplying the benefit multiple factor prescribed for that rate of contribution under regulation 33 by the contributor's length of prospective service in years, commencing on and from the date of his or her retirement and concluding at age 65 years;PP is the percentage of the lump sum benefit that the contributor has elected, under regulation 77, to be taken as a pension.

Benefit of full benefits contributor on death or retirement due to invalidityIf, before attaining the age for retirement a contributor for full benefits, other than an amalgamated contributor or a provident fund contributor –retires on the grounds of invalidity; ordies –the contributor, or the spouse, or in the absence of a spouse, the estate of the contributor, is entitled to a lump sum benefit calculated in accordance with the following formula:where –LS is the lump sum benefit payable;FAS(3) is –the average annual salary received by a contributor in respect of the period of 3 years immediately preceding resignation, death or retirement; orin the case of a contributor whose length of service at the time of his or her resignation, death or retirement is less than 3 years, the average annual salary received in respect of the actual period of service;ABMF is the contributor's adjusted benefit multiple factor, calculated by taking the rate or rates of contribution made by the contributor and multiplying the benefit multiple factor prescribed for that rate or those rates of contribution under regulation 33 by the contributor's length of service in years at that rate or for each of those rates of contribution and accumulating each result obtained from those multiplications;PBMF is the contributor's prospective benefit multiple factor, calculated by taking the basic contribution rate applicable to the contributor and multiplying the benefit multiple factor prescribed for that rate of contribution under regulation 33 by whichever is the lesser of the following:the contributor's length of prospective service in years, commencing on and from the date of his or her retirement or death and concluding on the date on which he or she would have attained age 60 years; or25 years;PP is the percentage of the lump sum benefit that the contributor or the spouse of a contributor has elected, under regulation 77, to be taken as a pension.If, before attaining the age for retirement, an amalgamated contributor –retires on the grounds of invalidity; ordies –the contributor, or the spouse, or in the absence of the spouse, the estate of the contributor, is entitled to a lump sum benefit calculated in accordance with the following formula:where –LS is the lump sum benefit payable;SB is the pension value of the units purchased by the contributor under the Superannuation Act 1938 as at ;DS is the differential salary of the amalgamated contributor being the FAS(1) of that contributor less the annual salary payable in respect of that contribution as at ;PP is the percentage of the lump sum benefit that the contributor or the spouse of a contributor has elected, under regulation 77, to be taken as a pension.Regulation 38Subregulation (3) inserted by S.R. 1994, No. 178A person aggrieved by the refusal of the Board to make any payment of a benefit under this regulation may make a complaint against the Board under the Justices Act 1959.Regulation 38Subregulation (4) inserted by S.R. 1994, No. 178On the hearing of the complaint, the magistrate, on being satisfied that the complainant is entitled to some or all of the benefit under this regulation, may order that the benefit, or some proportion of that benefit, be paid to the complainant.Regulation 38Subregulation (5) inserted by S.R. 1994, No. 178In this regulation,contributor includes the estate of the contributor if the contributor elects in writing to the Board that in the event of his or her death the death benefit is to be paid to his or her estate.

Regulation 39Substituted by S.R. 1994, No. 178Benefit of limited benefits contributor on death or retirement due to invalidityIf, before attaining the age for retirement, a contributor for limited benefits, other than an amalgamated contributor or a provident fund contributor –retires on the grounds of invalidity; ordies –the contributor or the spouse, or in the absence of a spouse, the estate of that contributor is entitled to a lump sum benefit calculated in accordance with the following formula:where –LS is the lump sum benefit payable;FAS(1) is –the average annual salary received by a contributor in respect of the year preceding his or her resignation, death or retirement; orin the case of a contributor whose length of service at the time of his or her resignation, death or retirement is less than one year, the average annual salary received in respect of his or her actual period of service;FAS(3) is –the average annual salary received by a contributor in respect of the period of 3 years immediately preceding resignation, death or retirement; orin the case of a contributor whose length of service at the time of his or her resignation, death or retirement is less than 3 years, the average annual salary received in respect of the actual period of service;ABMF is the contributor's adjusted benefit multiple factor, calculated by taking the rate or rates of contribution made by the contributor and multiplying the benefit multiple factor prescribed for that rate or those rates of contribution under regulation 33 by the contributor's length of service in years at that rate or for each of those rates of contribution and accumulating each result obtained from these multiplications;PS is the prospective service in years between the date of the limited benefits contributor's retirement or death and the day he or she would have attained age 60 years;PP is the percentage of the lump sum benefit that the contributor, or the spouse of the contributor has elected, under regulation 77, to be taken as a pension;PRC is the prescribed rate of contribution, as defined in regulation 46, at the date of the limited benefits contributor's retirement or death.A person aggrieved by the refusal of the Board to make any payment of a benefit under this regulation may make a complaint against the Board under the Justices Act 1959.On the hearing of the complaint, the magistrate, on being satisfied that the complainant is entitled to some or all of the benefit under this regulation, may order that the benefit, or some proportion of that benefit, be paid to the complainant.In this regulation,contributor includes the estate of the contributor if the contributor elects in writing to the Board that in the event of his or her death the death benefit is to be paid to his or her estate.

Interim invalidity and interim spouse pensionIf the Board determines, under regulation 96, that a contributor other than a provident fund contributor is entitled to an interim invalidity pension and the contributor has been absent from duty on sick leave without salary for a continuous period of 30 days, the contributor is entitled to a pension equal to 75% of the salary received by the contributor over the last 12 months of employment for a period not exceeding 2 years, or any shorter period, the Board determines.An interim invalidity pension is subject to indexation as provided by regulation 81.The Board is to suspend the interim invalidity pension provided in subregulation (1) if the contributor –engages in any business or occupation on his or her own account; oris in the opinion of the Board employed; oris in receipt of benefits paid in accordance with the Workers Compensation Act 1988.If the period for which an interim invalidity pension payable under this regulation has expired, that pension ceases and the contributor is taken to have resigned unless the Board grants a benefit under regulation 38 or 39 or the contributor returns to duty.Regulation 40Subregulation (5) amended by S.R. 1994, No. 178If a contributor dies, the spouse of that contributor is entitled to a pension equal to 75% of the salary received by the contributor over the last 12 months of employment for a period of 3 months, or until the spouse makes an election under regulation 77, whichever is the earlier.

Benefit payable on resignation or dismissal of contributorIf a contributor, other than a provident fund contributor, ceases, before attaining the preservation age, to be a contributor by reason of –resignation; ordismissal –he or she is entitled to a benefit as provided in this regulation.For the purposes of subregulation (1), a contributor who has completed 5 or more years service as a contributor, other than as an amalgamated contributor or a provident fund contributor, is entitled to a lump sum calculated in accordance with the following formula:where –LS is the lump sum benefit payable;FAS(3) is –the average annual salary received by a contributor in respect of the period of 3 years immediately preceding resignation, death or retirement; orin the case of a contributor whose length of service at the time of his or her resignation, death or retirement is less than 3 years, the average annual salary received in respect of the actual period of service;ABMF is the contributor's adjusted benefit multiple factor, calculated by taking the rate or rates of contribution made by the contributor and multiplying the benefit multiple factor prescribed for that rate or those rates of contribution under regulation 33 by the contributor's length of service in years at that rate or for each of those rates of contribution and accumulating each result obtained from these multiplications.For the purposes of subregulation (1), a contributor, other than an amalgamated contributor or a provident fund contributor, who has completed less than 5 years service as a contributor is entitled to a lump sum benefit calculated in accordance with whichever of the following formulae provides the greater benefit:where –LS is the lump sum payable;RC is the balance of contributions and interest in the contributor's account established under regulation 31;S is the contributor's length of service expressed in years;SBMF is the State's benefit multiple factor comprising –in respect of a person contributing at the rate of 2.5% of salary, a factor of 0.075; orin all other cases, a factor of 0.15;FAS(3) is –the average annual salary received by a contributor in respect of the period of 3 years immediately preceding resignation, death or retirement; orin the case of a contributor whose length of service at the time of his or her resignation, death or retirement is less than 3 years, the average annual salary received in respect of the actual period of service;n is the length of service of the contributor in days;NCSB is the benefit that would have been payable if the contributor had been an eligible employee under Part 5.For the purposes of subregulation (1), an amalgamated contributor is entitled to a lump sum benefit calculated in accordance with the following formula:where –LS is the lump sum benefit payable;SB is the pension value of the units purchased by the contributor under the Superannuation Act 1938 as at ;DS means the differential salary of the amalgamated contributor being the FAS(1) of that contributor less the annual salary payable in respect of that contribution as at .

Regulation 42Substituted by S.R. 1994, No. 178Benefit payable on retirement or death after retirement ageIf a contributor, other than an amalgamated contributor or a provident fund contributor, continues to be a permanent employee after attaining the age for retirement, the contributor, or the spouse, or in the absence of the spouse, the estate of the contributor is entitled on retirement or death or on attaining age 70 years, whichever is the earlier, to a lump sum benefit calculated in accordance with the following formula:where –LS is the lump sum benefit payable;FAS(3) is –the average annual salary received by a contributor in respect of the period of 3 years immediately preceding resignation, death or retirement; orin the case of a contributor whose length of service at the time of his or her resignation, death or retirement is less than 3 years, the average annual salary received in respect of the actual period of service;ABMF is the contributor's adjusted benefit multiple factor, calculated by taking the rate or rates of contribution made by the contributor and multiplying the benefit multiple factor prescribed for that rate or those rates of contribution under regulation 33 by the contributor's length of service in years to the age of retirement at that rate or for each of those rates of contribution and accumulating each result obtained from those multiplications;PP is the percentage of the lump sum benefit that the contributor or the spouse of the contributor has elected under regulation 77 to be taken as a pension;PRS is the contributor's post age of retirement length of service expressed in years commencing on and from the contributor's age of retirement and concluding on the date of the contributor's actual retirement or death or at age 70 years, whichever is the earlier;SBMF is the State's benefit multiple factor comprising –in respect of a person contributing at the rate of 2.5% of salary, a factor of 0.075; andin all other cases a factor of 0.15.A person aggrieved by the refusal of the Board to make any payment of a benefit under this regulation may make a complaint against the Board under the Justices Act 1959.On the hearing of the complaint, the magistrate, on being satisfied that the complainant is entitled to some or all of the benefit under this regulation, may order that the benefit, or some proportion of that benefit, be paid to the complainant.In this regulation,contributor includes the estate of the contributor if the contributor elects in writing to the Board that in the event of his or her death the death benefit is to be paid to his or her estate.

Preservation of certain employer contributionsSubject to this regulation, the benefits payable under regulations 37 and 41 in respect of contributors who, at the date of retirement, resignation or dismissal are aged less than the preservation age, is to be preserved compulsorily as provided in this regulation until the contributor retires from the workforce after attaining the preservation age and –elects, by notice in writing to the Board, to receive the benefit; oruntil the benefits are released under regulation 69.Subject to subregulation (3), the benefit payable under regulations 37 and 41 is to be preserved as follows:in the case of a benefit other than a benefit payable under regulation 41(3) –five-sevenths, or any other proportion the Treasurer on the advice of the Actuary determines, of the lump sum benefit that would have been payable if the employee had always contributed at the basic contribution rate, is to be transferred to an account established under regulation 63; andthe balance is to be transferred to an investment account established under regulation 60;in the case of a benefit under regulation 41(3) –the amount standing to the credit of the contributor's account is to be transferred to an investment account established under regulation 60; andthe balance is to be transferred to an account established under regulation 63.A contributor to whom this regulation applies may apply in writing to the Board to be paid at retirement, resignation or dismissal the prescribed sum of money.For the purposes of subregulation (3),prescribed sum of money means –in respect of a benefit payable under regulation 41, where the contribution payable by the State under regulation 90 is $500 or more, the sum of money represented under subregulation (2)(a)(ii) or (2)(b)(i); orin respect of a benefit payable under regulation 41, where the contribution to be made by the State under regulation 90 is less than $500, a sum of money comprising the total benefit; orin respect of a benefit payable under regulation 37, a sum of money comprising the total benefit or 3.5 times the balance standing to the credit of the contributor's account, whichever is the lesser.If under subregulation (3) a prescribed sum of money is paid, the Board is to debit the account established under regulation 63 with the amount payable under regulation 90 and the balance of the money is to be debited to the investment account established under regulation 60.If a former contributor becomes entitled to a lump sum benefit under this Part other than to which subregulation (1) refers, the employee may leave the benefit in the investment account established under regulation 60 and, on attaining age 65 years or some earlier age specified in writing to the Board, may elect to receive the benefit as a lump sum or as a pension as provided in regulations 65 and 77, whichever the former contributor elects to receive.

Benefit payable to provident fund contributorIf a provident fund contributor ceases to hold office as a police officer for any reason, the personal representative, in the case of the death of the contributor, is entitled to be paid out of the Fund a lump sum benefit calculated in accordance with the following formula:where –LS is the lump sum benefit payable;BAC is the balance of the provident fund contributor's account at the date he or she ceases to hold office;TB is the transfer balance of the provident fund contributor's account as at , together with interest on that amount as provided by regulation 94;S is the provident fund contributor's length of service;FAS(1) is –the average annual salary received by a contributor in respect of the year preceding resignation, death or retirement; orin the case of a contributor whose length of service at the time of resignation, death or retirement is less than one year, the average annual salary received in respect of the actual period of service;SAFB is the balance as at 30 June 1994 of the provident fund contributor's account as an eligible employee under the SAF Agreement, as defined in the repealed Act, indexed at a rate declared by the Board as being equal to movements in the Average Weekly Ordinary Time Earnings (AWOTE) in Australia published by the Australian Bureau of Statistics or to movements in the Consumer Price Index – All Groups, All Capital Cities as declared under regulation 81, whichever is the greater.For the purposes of subregulation (1), the indexation rate declared by the Board is to be reviewed at 1 January and 1 July in each year in line with the most recently published AWOTE or Consumer Price Index figure immediately before that review.

Supplemental lump sum benefit payable in certain casesIf an existing contributor or an amalgamated contributor to whom regulation 36, 37 or 42 or clause 7 of Schedule 3 relates, retires and exercises an election under regulation 77(6) to receive a pension calculated under Schedule 3, the Board may make a supplemental lump sum benefit, unless otherwise provided in this regulation.With respect to an existing contributor or an amalgamated contributor to whom regulation 36, 37 or 42 relates, eligibility for the supplemental lump sum is determined in accordance with the following formula:where –E is the amount required to determine eligibility for the supplemental lump sum benefit;A is the amount of the lump sum benefit payable under regulation 36, 37 or 42 before taking account of any election made under regulation 77;PP is the proportion of the lump sum benefit which the contributor has elected, under regulation 77 to convert to a pension;B is the annual amount of pension that would be payable to the contributor under clause 5, 6 or 8 of Schedule 3 before taking account of any election made under regulation 77;C is the conversion factor derived having regard to the age of the contributor at the date of retirement as follows:AgePension Conversion Factor55115610.85710.65810.45910.26010.0619.8629.6639.4649.2659.0668.8678.6688.4698.2708.0D is the amount referred to in subregulation (4), calculated as at the date of the retirement of the contributor.If, under subregulation (2), the product of the formula is negative, a supplemental lump sum benefit is payable and calculated as provided in subregulation (4).For the purposes of this regulation, the supplemental lump sum comprises a sum equal to the balance, as at , of the contributor's account as an eligible employee under the SAF Agreement, as set out in the repealed Act indexed at a rate declared by the Board as being equal to movements in the Average Weekly Ordinary Time Earnings (AWOTE) in Australia published by the Australian Bureau of Statistics or to movements in the Consumer Price Index – All Groups, All Capital Cities as declared under regulation 81, whichever is the greater.For the purposes of subregulation (4), the indexation rate declared by the Board is to be reviewed as at 1 January and 1 July in each year in line with the most recently published AWOTE or Consumer Price Index figure immediately before that review.

Membership, contributions and benefits of non-contributory schemeMembership

InterpretationIn this Part –prescribed rate of contribution in respect of the allocation to be made to an eligible employee's account under regulation 49 means –PeriodPrescribed rate of contribution as a percentage of salary1 July 1994 to 30 June 19955%1 July 1995 to 30 June 19986%1 July 1998 to 30 June 20007%1 July 2000 to 30 June 20028%1 July 2002 onwards9%resign in relation to an eligible employee, means cease to be employed by an Agency before reaching the preservation age, otherwise than on account of –death; orinvalidity;retire means cease in any manner otherwise than because of death, to be employed on or after reaching the preservation age.For the purposes of this Division, if, at any time during the period of 12 months immediately preceding the time of his or her resignation, retirement or death, a contributor has been absent on leave without pay or on less than full pay or has preserved his or her benefit or contributions in the Fund in accordance with these regulations, the contributor's FAS(1) is to be calculated as if he or she had continued to be employed in the same capacity on his or her full pay during the whole period.

Eligibility for membership of schemeA person who –is an eligible employee on ; orbecomes an eligible employee after ; oris taken to be an eligible employee under regulation 23 or 101(4); oris under age 70 years –is a member of the scheme established under this Part and must remain a member until such time and for whatever reason that person ceases to be an eligible employee.An eligible employee, a former eligible employee, a spouse of an eligible employee or a personal representative of an eligible employee or former eligible employee is entitled to receive benefits in accordance with this Part.

Recognition of certain contributions and service before commencement of schemeIf an eligible employee who, immediately before , was a public servant within the meaning of the Public Servants' Retiring and Death Allowances Act 1925 but not a contributor, the continuous service of the eligible employee before is to be recognized as service for the purposes of this Part.If an eligible employee who, immediately before the commencement of this Part, was an eligible employee within the meaning of the SAF Agreement established under the repealed Act but not a contributor, the balance of the employee's account under that Agreement together with the balance of the eligible employee's account with respect to his or her entitlements under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth as at , is to be transferred to the eligible employee's account under the scheme established under this Part.

Contributions

Eligible employee accountsThe Board is to establish an account for every eligible employee and contributions and interest credited to that account are to vest in that employee.The Board is to credit to the account of every eligible employee notional contributions representing an amount equal to the prescribed rate of contribution for each pay period commencing on or after or on the day he or she becomes an eligible employee and ceasing on the day that he or she ceases, for any reason, to be an eligible employee.The Board is to credit to the eligible employee's account interest calculated under regulation 50 the sum of the notional contributions referred to in subregulation (2), including interest on those contributions.The Board is to debit the eligible employee's account for the cost of death and disability cover and any other costs as provided by regulation 52.If an eligible employee is for any reason on leave without pay, notional contributions or disability premiums are not payable to the credit or debit of his or her account.Notional contributions are not payable to the credit of an eligible employee's account in respect of lump sum payments made instead of unused annual leave and long service leave on the resignation or retirement of an eligible employee.An eligible employee who makes an election under regulation 21 is taken to have resigned on the date he or she becomes a contributor and is entitled to have transferred to an account established under regulation 63 an amount equal to the lump sum benefit as provided by regulation 55.

Interest on notional contributionsFor the purposes of this Division, interest to be credited under regulation 52(3) means interest at the long term bond rate as adjusted by the Board from time to time on the advice of the Actuary having regard to –the cost of administering eligible employee accounts; andthe taxation liability accruing to the Fund in respect of benefits paid under Division 3 of this Part.The Board, on 1 January, 1 April, 1 July and 1 October each year, is to review the rate of interest to be applied to the balance of the accounts of eligible employees.

Election not to have death and disability coverSubject to subregulations (2) and (3), every eligible employee under age 60 years is to be covered for death and disability benefits as provided by regulations 56 and 57 from .Eligible employees under age 60 years are to be covered under the provisions of subregulation (1) unless they elect not to be so covered, by notice in writing to the Board, within 6 months of becoming eligible under these regulations, to be covered for death and disability.An election not to be covered for death and disability under subregulation (2) may be made on the grounds that the employee is able to demonstrate to the satisfaction of the Board that he or she has alternative private death and disability cover.If a former eligible employee under age 60 years who has received an invalidity benefit as provided by regulation 56 again becomes an eligible employee, that person is not eligible to be covered for death and disability benefits.

Deductions against eligible employee accounts for death and disability coverIf an eligible employee is covered for death and disability benefits under this Part, the Board is to debit to the eligible employee's account an amount equal to 5.0% (or any other percentage the Board, having regard to the advice of the Actuary, determines) of the notional contribution made to that eligible employee's account under regulation 49, together with interest calculated in accordance with regulation 50 on the sum of the premiums, including interest on those premiums.The Board is to establish within the Fund an eligible employees' death and disability account.The Board, in the eligible employees' death and disability account, is to –debit any money advanced by the Fund for the purpose of providing death and disability benefits under regulations 56 and 57; andcredit any reimbursements made by way of deductions from the contributions made by the Treasurer or State authorities towards benefits paid to former eligible employees in respect of death and disability; andcredit the sum of the amounts debited to the accounts of eligible employees under subregulation (1).If at the end of the financial year the premiums credited to the death and disability account are more than sufficient to meet the costs of death and disability benefits provided under these regulations, the Board must determine whether to distribute the surplus in the death and disability account among the eligible employees' accounts or to carry it forward to the next year.If at the end of the financial year those premiums are insufficient to meet those benefits, the Board must –offset the deficiency against that surplus, if a surplus balance has been carried forward from the previous year; oradjust each eligible employees' account to the extent necessary to cover the deficiency, if there has not been a surplus balance carried forward from the previous year.

Notice of contributions and returnsA responsible officer is to –prepare a return for every pay period showing the total amount of salary and notional contributions payable in respect of the salaries of eligible employees in respect of whom he or she is the responsible officer; andforward that return to the Board; andin the case of eligible employees whose salaries are paid out of the Consolidated Fund, forward a duplicate of the return to the Treasurer in respect of each pay period.

Lump sum benefits

Benefit on retirement of eligible employee due to ageIf an eligible employee, having attained the preservation age retires, that eligible employee is to be paid a lump sum benefit comprising the sum of –the balance standing to the credit of the eligible employee's account, including interest after deductions have been made for death and disability premium fees and tax liability; andif the eligible employee is a person to whom regulation 48(1) applies, a benefit calculated –in the case of an eligible employee employed on a full-time basis throughout the period of employment ending on , by multiplying the eligible employee's FAS(1) as at the date of retirement by the total period of years of continuous service before and dividing the product by 52; orin the case of an eligible employee employed on a part-time basis or employed partly on a full-time basis and partly on a part-time basis throughout that period of employment ending by multiplying the eligible employee's FAS(1) as at the date of retirement by the total number of equivalent full-time continuous years of service as at and dividing the product by 52.If a former eligible employee becomes entitled to a lump sum benefit under subregulation (1), the former eligible employee may leave the benefit in the investment account established under regulation 60 and, on attaining age 65 years or some earlier date specified in writing to the Board, may elect to receive the benefit as a lump sum or as a pension as provided in regulations 65 and 77.

Benefit on voluntary separation of eligible employee before age 55 yearsIf an eligible employee resigns or becomes a contributor under Part 4 of these regulations, that employee, subject to regulation 59, is entitled to a lump sum benefit comprising the sum of –the balance standing to the credit of the eligible employee's account, including interest after deductions have been made where appropriate for death and disability premium fees and tax liability; andif the eligible employee is a person to whom regulation 48(1) applies, a benefit calculated –in the case of an eligible employee employed on a full-time basis throughout the period of employment ending on , by multiplying the eligible employee's FAS(1) as at the date of resignation by the total period of years of continuous service before and dividing the product by 52; orin the case of an eligible employee employed on a part-time basis or employed partly on a full-time basis and partly on a part-time basis throughout the period of employment ending on , by multiplying the eligible employee's FAS(1) as at the date of resignation by the total number of equivalent full-time years of continuous service and dividing the product by 52.If a former employee becomes entitled to a lump sum benefit under subregulation (1) amounting to less than $500, that employee may be paid the benefit or elect, in writing to the Board, to leave the benefit in the investment account established under regulation 60 and, on attaining age 65 years or some earlier date specified in writing to the Board, may elect to receive the benefit as a lump sum or as a pension as provided in regulations 65 and 77.If a former employee becomes entitled to a lump sum benefit under subregulation (1) amounting to $500 or more, or any other amount specified by Commonwealth legislation from time to time, the benefit is to be preserved within the Fund as provided by regulation 59.

Regulation 55AInserted by S.R. 1994, No. 178Salary of part-time eligible employeeFor the purposes of calculating the lump sum benefit payable under regulation 54 or 55, the salary of the eligible employee who is employed on a part-time basis is taken to be the salary that he or she would have received if he or she had been employed on a full-time basis.

Benefit of eligible employees on death or retirement due to invalidityIf an eligible employee who is covered for death and disability benefits dies or is retired on the grounds of invalidity, the eligible employee, spouse or his or her personal representative, is to be paid –the benefits as provided in regulation 54 with respect to actual service; andthe benefits as provided in subregulation (2) with respect to prospective service having regard to regulations 65 and 77.For the purpose of subregulation (1), the prospective benefit payable is to be calculated according to the following formula:where –B is the amount of benefit payable to the eligible employee, his or her spouse, or his or her personal representative;FAS(1) is –the average annual salary received by a contributor in respect of the year preceding his or her resignation, death or retirement; orin the case of a contributor whose length of service at the time of his or her resignation, death or retirement is less than one year, the average annual salary received in respect of his or her actual period of service;Regulation 56Subregulation (2) amended by S.R. 1994, No. 178Regulation 56Subregulation (2) amended by S.R. 1994, No. 178PS is the prospective service in days between the date of the eligible employee's retirement on the grounds of invalidity or death and the day he or she would have attained age 60 years;PRC is the prescribed rate of contribution at the date of the eligible employee's retirement or death.For the purpose of subregulation (2), the average annual salary of the eligible employee means –if the employee is not on leave of absence on less than full pay, the amount of salary received by him or her during the final 12 months of his or her service; orin any other case, any amount the Board, having regard to all the circumstances, determines.Regulation 56Subregulation (4) substituted by S.R. 1994, No. 178A person aggrieved by the refusal of the Board to make any payment of a benefit under this regulation may make a complaint against the Board under the Justices Act 1959.Regulation 56Subregulation (5) inserted by S.R. 1994, No. 178On the hearing of the complaint, the magistrate, on being satisfied that the complainant is entitled to some or all of the benefit under this regulation, may order that the benefit, or some proportion of that benefit, be paid to the complainant.Regulation 56Subregulation (6) inserted by S.R. 1994, No. 178In this regulation,eligible employee includes the estate of the eligible employee if he or she elects in writing to the Board, that in the event of his or her death the death benefit is to be paid to his or her estate.

Interim invalidity pensionIf, under regulation 96, the Board determines that an eligible employee is entitled to an interim invalidity pension and that employee has been absent from duty on sick leave without salary for a continuous period of 30 calendar days, the eligible employee is entitled to be paid a pension equal to 75% of the salary received by that employee over the past 12 months of employment for a period not exceeding 12 months or any shorter period the Board determines.An interim invalidity pension is subject to indexation as provided by regulation 81.The Board is to suspend the interim invalidity pension provided in subregulation (1) if the eligible employee –engages in any business or occupation on his or her own account; oris, in the opinion of the Board, employed; oris in receipt of benefits paid in accordance with the Workers Compensation Act 1988.If the period for which an interim invalidity pension payable under this regulation has expired, that pension ceases and the eligible employee is taken to have resigned unless the Board grants a benefit under regulation 56 or the eligible employee returns to duty.

Benefit payable on retirement of eligible employee on attainment of age 70 yearsIf an eligible employee attains age 70 years, that employee is to be paid the benefits as provided in regulation 54 notwithstanding that he or she has not ceased to be employed.Benefits do not accrue in respect of the service of an eligible employee aged 70 years or over.

Compulsory preservation of certain employer contributionsIf the lump sum benefit payable to a former eligible employee under regulation 55 is $500 or more, or any other amount specified by Commonwealth legislation, the Board is to –close the eligible employee's account; andtransfer the total lump sum benefit provided under regulation 55 to an account established in the name of the former eligible employee under regulation 63.

General provisions applicable to contributors and eligible employees

Establishment of investment account for contributors and eligible employeesIn accordance with these regulations, the Board may establish accounts for the purpose of receiving voluntary contributions or benefits paid by, or on behalf of, eligible employees or contributors.The Board is to –credit to investment accounts –all contributions paid by or on behalf of the eligible employee or contributor under regulation 61; andany benefits transferred to the accounts by a decision of the Board under regulation 73; andany benefits paid into the Fund under regulation 62; andbenefits or contributions and interest preserved in respect of a former contributor under Part 4; andthe balance of former contributor's or former eligible employee's accounts transferred by operation of regulation 63(5); andinterest calculated under regulation 94; andRegulation 60Subregulation (2) amended by S.R. 1994, No. 178benefits preserved in respect of former eligible employees under regulation 54(2) or 55(2); andany other amount deemed appropriate by the Board; anddebit to the investment account –the cost of death and disability premiums payable under regulation 64; andtax liability or any other amounts required by law; andthe cost of administration as provided by regulation 66.If an eligible employee or a contributor ceases for any reason to be an eligible employee or a contributor, the Board, having regard to any wishes of that person, his or her spouse or his or her personal representative and the requirements of the Commonwealth, is to –pay an amount equal to the balance standing to the credit of that person's investment account at the date of payment; orRegulation 60Subregulation (3) amended by S.R. 1994, No. 178if the eligible employee or contributor has attained the preservation age, convert that amount into a pension calculated under these regulations and provide for the payment out of the Fund of that pension to that person or, in the case of his or her death, to the spouse of that person; orretain the amount within the investment account until any later date being a date not later than the day on which the former eligible employee or former contributor attains age 65 years.Regulation 60Subregulation (4) inserted by S.R. 1994, No. 178A person aggrieved by a refusal of the Board to make any payment of a benefit under this regulation may make a complaint against the Board under the Justices Act 1959.Regulation 60Subregulation (5) inserted by S.R. 1994, No. 178On the hearing of the complaint, the magistrate, on being satisfied that the complainant is entitled to some or all of the benefit under this regulation, may order that the benefit, or some proportion of that benefit, be paid to the complainant.Regulation 60Subregulation (6) inserted by S.R. 1994, No. 178In this regulation, contributor and eligible employees includes the estate of the contributor or eligible employee if he or she elects in writing to the Board that in the event of his or her death the death benefit is to be paid to his or her estate.

Payments of voluntary contributions into Investment AccountAn eligible employee or a contributor may elect at any time by notice in writing to the Board to pay voluntary contributions to the Fund.An eligible employee or a contributor who elects to make voluntary contributions is to specify in the election the amount of the voluntary contributions to be made, being –a single contribution payable by the eligible employee or contributor; oran amount calculated by reference to a factor that is a multiple of 0.5% of salary; oran amount expressed in multiples of $5; orRegulation 61Subregulation (2) amended by S.R. 1994, No. 178a combination of paragraphs (a) and (b) or a combination of paragraphs (a) and (c).An eligible employee or a contributor who has made an election to pay voluntary contributions, by notice in writing to the Board, may elect to revoke or vary that election.If an eligible employee or a contributor has revoked his or her election to pay voluntary contributions, the Board may refund him or her the voluntary contributions together with interest if satisfied that the eligible employee or contributor would suffer financial hardship if the refund is not made.The voluntary contributions of an eligible employee or a contributor may be deducted from his or her salary at any periods and in any manner the Board determines but in any event is to be paid to the Board no later than 28 days after the deduction.A responsible officer is to prepare and forward to the Board a return for every pay period showing the total amount of voluntary contributions deducted from the salaries of the contributors in respect of whom he or she is the responsible officer.

Inward portabilityAn eligible employee or a contributor may pay or cause to be paid into the Fund all or part of the benefit that the eligible employee or contributor is entitled to receive as a contributor to another superannuation scheme or fund or as an eligible termination payment under an employment redundancy programme.Any amount paid into the Fund under this regulation is to be credited to an investment account established under regulation 60 and vested in the name of the eligible employee or contributor.

Establishment of compulsory preservation accountAny benefits compulsorily preserved by the Board under these regulations are to be preserved in an account established by the Board under this regulation.The benefits preserved under this regulation include all benefits or proportion of benefits which must be preserved under regulation 43 or 59.Benefits compulsorily preserved in an account established under this regulation are to be indexed at a rate declared by the Board as being equal to movements in the Average Weekly Ordinary Time Earnings (AWOTE) in Australia, published by the Australian Bureau of Statistics, or to movements in the Consumer Price Index – All Groups, All Capital Cities as declared under regulation 81, whichever is the greater.For the purpose of subregulation (3), the indexation rate declared by the Board is to be reviewed at 1 January and 1 July in each year in line with the most recently published AWOTE or Consumer Price Index figure immediately before that review.A benefit which has been compulsorily preserved is taken to become payable when the former contributor or the former eligible employee attains the preservation age and is to be credited to the investment account established under regulation 60, after deductions have been made where appropriate for death and disability cover and tax liability, and vested in the name of the former contributor or the former eligible employee.

Additional death and disability coverThe Board may provide insurance against death, invalidity or partial or temporary incapacity to eligible employees or contributors on any terms and conditions determined in accordance with the conditions of an assurance policy entered into by the Board for those purposes.For the purposes of subregulation (1), eligible employees and contributors include eligible employees and contributors –who have made written application to the Board; andwho, in the opinion of the Board, are eligible to participate in the assurance policy; andof whom the insurer under the assurance policy approves.The premiums payable by the Board on behalf of each eligible employee or contributor in respect of the insurance is to be deducted from the investment account established under regulation 60.If an investment account has insufficient funds to meet the payment of the premiums in subregulation (3), the Board may cancel the insurance of the eligible employee or contributor.The proceeds of any insurance in respect of an eligible employee or a contributor arising under this regulation is to be taken to be voluntary contributions paid by that eligible employee or contributor under regulation 61.

Power of Board to contract out provision of certain pensionsThe Board may enter into an agreement with a registered life office to provide former eligible employees and former contributors with an option to use all or part of the lump sum benefits payable under these regulations to purchase a pension, an allocated pension or an annuity with any features as the former eligible employee or former contributor requires and the Board and the registered life office may accept.The cost of purchasing pensions and annuities is to be determined from time to time by the Board after receiving the advice of the registered life office.For the purpose of this regulation, the features which may be offered in a pension, allocated pension or annuity may include –a guaranteed period of payment; anda level of reversion to another person; anda level of indexation.

Deductions allowed against investment accountThe Board is to impose a management fee sufficient to cover the cost of managing –all money invested within the Fund under regulation 60; andall voluntary contributions made under regulation 61; andall money paid into the Fund under regulation 62.The management fee is to be deducted from the interest rate declared by the Board to be credited to the investment account of each person on any basis the Board determines.If the Board is required to pay tax in respect of the investment account of each person, the Board may take any action it considers necessary in order to fully recover, on a fair and equitable basis, the amount of that tax from those accounts.

Question of invalidity to be determined by BoardIf any question arises as to whether an eligible employee or a contributor is unable, by reason of invalidity, to perform his or her duties, the Board is to determine the matter under regulation 96 or, in respect of an eligible employee or a contributor to whom regulation 64 applies, in accordance with the terms of the policy referred to in that regulation.

Time and manner of benefit paymentsThe Board is to use its best endeavours to ensure that a benefit under these regulations is paid as soon as is practically possible but not later than 6 weeks after the day that the benefit becomes eligible to be paid or the day on which the Board receives the completed application for the benefit, whichever is the latter.If a benefit is not paid within the period specified in subregulation (1), additional interest is payable on that benefit as determined by the Board.

Release of preserved benefitsIf a lump sum benefit is preserved under these regulations, the benefit is payable by the Board when it is notified or becomes aware that the person to whom the benefit relates –having attained the preservation age, retires from the workforce; orhaving attained the preservation age, requests the Board in writing to transfer that benefit to a regulated superannuation scheme or a regulated roll-over fund nominated by that person; ordies; oris unable to work on the grounds of total and permanent incapacity; orRegulation 69Subregulation (1) amended by S.R. 1994, No. 178has permanently departed from Australia; orRegulation 69Subregulation (1) amended by S.R. 1994, No. 178is an eligible employee who is made redundant before having attained the preservation age –whichever occurs first.Regulation 69Subregulation (1A) inserted by S.R. 1994, No. 178The maximum lump sum benefit which may be released by the Board under subregulation (1)(f) is –in the case of an eligible employee employed on a full-time basis throughout the period of employment ending on , a benefit calculated by multiplying the eligible employees FAS (1) as at the date of separation by the total period of years of continuous service before and dividing the product by 52; orin the case of an eligible employee employed on a part-time basis or employed partly on a full-time basis and partly on a part-time basis throughout the period of employment ending on , a benefit calculated by multiplying the eligible employees FAS (1) as at the date of separation by the total number of equivalent full-time continuous years of service before and dividing the product by 52.Regulation 69Subregulation (1B) inserted by S.R. 1994, No. 178For the purposes of calculating the lump sum benefit payable under subregulation (1A), the salary of the eligible employee who is employed on a part-time basis is taken to be salary that he or she would have received if he or she had been employed on a full-time basis.The Board is to notify the person referred to in subregulation (1) or his or her spouse or personal representative of the entitlement to a preserved benefit payable under subregulation (1) by sending a written notice to that person's last known address.Notwithstanding the provisions of subregulation (1), the Board may –recommend to the Commonwealth Commissioner that a preserved benefit be paid to the person entitled to the benefit if that person is able to demonstrate to the satisfaction of the Board that not to make such a payment would result in financial hardship; andupon receipt of notification from the Commonwealth Commissioner of acceptance of the recommendation of the Board made under paragraph (a), make the benefit payment to that person.Regulation 69Subregulation (4) inserted by S.R. 1994, No. 178For the purposes of this regulation, an eligible employee is taken to be redundant if he or she –is retired because –his or her service, office or position is unnecessary; orthe work for which he or she was engaged is finished; ordiminution of work necessitates a reduction in the number of employees; oris retired under a voluntary redundancy programme.

Payment where beneficiary incapableIf a contributor or eligible employee to whom a benefit under these regulations is payable is, in the opinion of the Board, incapable of administering his or her own affairs, the Board may pay the benefit to some other person on the basis that it is to be applied wholly for the care, maintenance, benefit and support of the person to whom, but for this regulation, the benefit would be payable, and for or of any dependant of that person.Any payment made under this regulation is taken to have been made to the person entitled to the benefit.

Payment where beneficiary bankruptIf a person to whom a benefit under these regulations is payable is an undischarged bankrupt or a person whose property is subject to an order or arrangement under the laws relating to bankruptcy, the Board may pay an amount or amounts, not exceeding in total the amount of the benefit, to the person entitled under those laws to the administration of the bankrupt estate.

Restriction on liens over benefitsA person must not exercise a lien over any entitlement under these regulations.Regulation 72Subregulation (2) amended by S.R. 1994, No. 178Except as provided by regulation 98, an entitlement under these regulations –is not available as security for a loan; andRegulation 72Subregulation (2) amended by S.R. 1994, No. 178on the death of the person entitled to that money, in the absence of a spouse, is not available as an asset in his or her estate for the payment of his or her debts or liabilities.

Unclaimed benefitsSubject to subregulation (2), the Board is to –pay unclaimed benefit entitlements to the Consolidated Fund if they remain unclaimed 6 months after the beneficiary reaches age 65 years; andprovide particulars of the beneficiary and the amount of the benefit involved to the Commonwealth Commissioner.If the whereabouts of a person aged less than 65 years who is entitled to a benefit under these regulations has been unknown to the Board for a period of 2 years and the Board, after having made diligent inquiries, is unable to ascertain the whereabouts of that person, the Board may pay the amount of that benefit into an Investment Account established under regulation 60.A benefit is taken to become payable for the purpose of subregulations (1) and (2) when a request in writing by the Board has been sent by certified mail to the last known address of a former eligible employee or former contributor advising –of the amount of benefit due; andthe procedure for claiming that benefit.

Recovery of overdue contributions and paymentsRegulation 74Subregulation (1) amended by S.R. 1994, No. 178If any contributions or other payments that are required under these regulations to be made by an eligible employee or a contributor are, for any reason, in arrears, the amount in arrears may be deducted from his or her salary in any instalments the Board determines, and the Treasurer, or the Agency by which the eligible employee or the contributor is employed, must cause the amount to be deducted accordingly and paid to the Board.The Board may recover in a court of competent jurisdiction amounts payable to it by any person, or may deduct them from any money payable under these regulations to, or in relation to, that person.

Recovery of benefit overpaymentsIf a person has received a payment under these regulations and it is subsequently discovered that, owing either to a miscalculation of matters or to a mistake of fact for which the person is not responsible, the payment was in excess of the amount properly payable, the Board may –waive repayment; orallow repayment to be made on any terms the Board thinks just –of the whole or any part of that excess payment or may write off the whole or any part of it, if, in the opinion of the Board, its repayment would cause undue financial hardship or the enforcement of the repayment would be inequitable.

Pensions

Continuation of pensions payable under repealed ActA pension that is payable under the repealed Act immediately before 1 July 1994, on and after that day, continues to be payable as a pension under these regulations except as may be provided in the Retirement Benefits (Transitional) Regulations 1994.The Board is to cause to be paid every fortnight an instalment of a pension to which subregulation (1) refers.

Conversion of lump sum benefit to pensionA person who is entitled to receive a lump sum benefit under Part 4, 5 or 6 may elect to convert the whole or a part of that lump sum or those lump sums into a pension as provided in regulation 65 or this regulation.A person who is entitled to receive more than one lump sum benefit under these regulations is to make an election with respect to each benefit separately.If a person to whom subregulation (1) applies elects to take a pension under regulation 65 –that person's entitlement to receive a pension under this Part ceases; andthe lump sum entitlement of that person is to be cancelled by the Board or reduced by the percentage specified in that election.An election under this regulation is to be made in writing to the Board within a period of –with respect to a contributor or an eligible employee, 3 months preceding the event upon which the lump sum benefit becomes payable or any extended period the Board allows; orwith respect to the spouse of a contributor or an eligible employee, 3 months immediately following the death of the contributor or the eligible employee.If an election is made under this regulation by a person for the conversion of the whole or a part of his or her lump sum entitlement into a pension –the person is to be paid out of the Fund a pension equal to the amount of the lump sum entitlement foregone divided by the conversion factor that is applicable under regulation 78 to the person on the date on which his or her election becomes effective or, in the case of the spouse of a contributor or an eligible employee, the day immediately following the day on which that election is received by the Board; andthe lump sum entitlement is to be cancelled by the Board or reduced by the percentage specified in the election.Notwithstanding subregulation (5), an employee who, immediately before was a contributor under the repealed Act may, on retirement, elect in writing to the Board to receive a pension calculated as appropriate under Schedule 3.An election by a contributor under subregulation (6) with respect to a lump sum benefit determined under regulation 38 must be an election to convert the whole of that lump sum into a pension.

Pension conversion factorsFor the purposes of regulation 77, the conversion factors with respect to an election made by an employee or former employee for a pension with reversion to a surviving spouse are –AGE AT WHICH CONVERSION EFFECTED (IN YEARS)CONVERSION FACTORMALEFEMALEless than age 55 factor to be determined by Actuary5516.188316.29525615.966316.07345715.737715.84385815.502815.60695915.261315.36256015.013115.11036114.758114.84936214.497214.58066314.229814.30406413.955514.01936513.674613.72606613.388013.42556713.095013.11766812.795512.80196912.490112.47947012.179512.1512or any other factor the Board, on the advice of the Actuary, declares.For the purpose of regulation 77, the conversion factor with respect to an election made by an employee, or former employee or the spouse of a deceased employee where there is no reversion to a surviving spouse are –AGE AT WHICH CONVERSION EFFECTED (IN YEARS)CONVERSION FACTORMALEFEMALEless than age 55 factor to be determined by Actuary5514.075815.60655613.799015.37425713.516315.13435813.229514.88825912.938014.63496012.642314.37426112.341814.10516212.038813.82876311.732613.54496411.423513.25356511.110912.95396610.796812.64826710.480512.33576810.162412.0172699.841911.6921709.521411.3626or any other factor the Board, on the advice of the Actuary, declares.Regulation 78Subregulation (3) amended by S.R. 1994, No. 178Subject to subregulation (4), if for the purposes of regulation 77, an existing contributor, a retired contributor within the meaning of the Retirement Benefits (Transitional) Regulations 1994 or an amalgamated contributor, is entitled to a benefit under regulation 36, 37, 38 or 42, the conversion factor with respect to an election made by that person or the spouse of that person, in respect of the benefit under Part 4 is 12 or the factor set out in subregulation (1) or (2), whichever factor provides the higher pension.Subregulation (3) does not apply to an amalgamated contributor or a provident fund contributor who, under the Retirement Benefits (Transitional) Regulations 1994, elects to contribute to the Fund otherwise than as an amalgated contributor or a provident fund contributor.The Board is to cause the factors set out in subregulations (1) and (2) to be reviewed by the Actuary at least once a year, and at any other time the Board determines.

Spouse pensionsRegulation 79Subregulation (1) substituted by S.R. 1994, No. 178The widow or widower of a former contributor or former eligible employee is entitled to a pension calculated at the rate specified in subregulation (2) if the former contributor or former eligible employee, at the date of his or her death, was in receipt of a pension –under regulation 76; oron the basis of conversion factors specified in regulation 78(1) or 78(3); orcalculated under Schedule 3.A widow's or a widower's pension is payable at the rate of two-thirds of the pension her or his spouse was receiving, or for which she or he was eligible, immediately before her or his death.This regulation does not apply to, or in relation to, a widow or widower who, at the time of her or his spouse's death –was living apart; andwas not receiving support –except on the order of a magistrate as provided in subregulation (4), but the Board does not incur any liability through the payment to the widow or widower of a pension under this regulation where those facts were not brought to the Board's knowledge.Regulation 79Subregulation (3A) inserted by S.R. 1994, No. 178This regulation does not apply to a spouse's pension which a former contributor or former eligible employee was in receipt of under regulation 76 or this regulation.A widow or widower to whom subregulation (3) relates may take proceedings against the Board by complaint under the Justices Act 1959 to recover an instalment of pension under these regulations, and, on the hearing of the complaint a magistrate, on being satisfied that the complainant is entitled to a pension under these regulations, may make an order directing the pension to be paid to the complainant as provided by these regulations.A pension is payable under this regulation to the widow or widower of a pensioner, notwithstanding that she or he married that pensioner after his or her retirement.

Recognition of de facto relationshipsIf, immediately preceding the death of a contributor or pensioner, a person of the opposite sex had been living as man and wife with that contributor or pensioner, that person has the same rights as if he or she had been married to that contributor or pensioner at the time of death.If a contributor or a pensioner dies leaving a surviving spouse, a pension is not payable under this regulation if a pension or benefit is payable to that spouse under regulation 79 or, if a complaint is made under regulation 79(4) until the proceedings of that complaint have been determined.A person who is aggrieved by a refusal of the Board to make any payment of pension or benefit under this regulation may take proceedings against the Board by complaint under the Justices Act 1959, and, on the hearing of the complaint a magistrate, on being satisfied that the complainant is entitled to a pension or benefit under these regulations and that no other person is entitled to, or in receipt of, a pension or benefit under regulation 79 consequent on the death of the contributor or a pensioner, may make an order directing the pension to be paid to the complainant as provided by these regulations.

Half-yearly adjustments to pensionsA pension under these regulations is to be increased by the Board in each half-year in accordance with this regulation.The Government Statistician, as soon as practicable after the end of the first quarter in each half-year, is to give the Board a notice specifying the percentage by which the Index for that quarter is greater or less than the Index for the first quarter of the past preceding half-year.On receipt of a notice under subregulation (2), the Board must declare the percentage by which pensions are to be increased in respect of the half-year following the first-mentioned in that subregulation.Regulation 81Subregulation (4) amended by S.R. 1994, No. 178Regulation 81Subregulation (4) amended by S.R. 1994, No. 178A percentage declared under subregulation (3) in respect of a half-year is to be the same as the percentage specified in the notice given to the Board under subregulation (2).An increase in a pension in respect of any half-year made under this regulation is to be made –by increasing the rate at which, immediately before the making of the adjustment, the pension was payable by the percentage declared in respect of that half-year under subregulation (3); andso as to operate from and including the first pay-day in that half-year.The following provisions apply to the first increase of a pension that first becomes payable under this regulation –in the case of a pension that comes into force during the second quarter of any half-year, the first increase to that pension is to be made so as to operate from the first pay-day after the end of the half-year next following that half-year; andin the case of a pension that comes into force during the first quarter of any half-year, the first increase to that pension is to be made so as to operate from the first pay-day after the end of that half-year; andthe amount by which a pension is to be increased is to be calculated in accordance with the formula set out in subregulation (7).For the purposes of subregulation (6)(c), the formula is as follows:where –Regulation 81Subregulation (7) amended by S.R. 1994, No. 178P is the amount by which the pension is to be increased;A is the annual amount by which the pension would have been increased in accordance with subregulation (5);B is the number of days falling within the period beginning with the day on which the pension came into force and ending –if that day falls within the second quarter of any half-year, at the end of the first quarter of the half-year next following; orif that day falls within the first quarter of any half-year, at the end of that quarter.In their application to a spouse's pension or a child's pension that becomes payable as a consequence of the death of a pensioner, subregulations (6) and (7) have effect as if that pension came into force when the pension payable to that pensioner came into force.

Duration of pensionsExcept as otherwise expressly provided in these regulations, a pension other than a child's pension under these regulations, is payable during the life of the pensioner, and is payable as from the date of death or retirement by virtue of which it becomes payable.A child's pension commences on the date of the event by virtue of which it becomes payable under the repealed Act and ceases to be payable on –the child, not being a child to whom subregulation (3) relates, attaining age 18 years; orthe death of the child; orthe cessation of the circumstances in respect of which it is payable –whichever happens first.In the case of a child who is receiving full-time education at a school, college or university, the child's pension ceases to be payable –when the child attains age 25 years; orwhen the child ceases to receive full-time education at a school, college or university –whichever happens first.

Time and manner of payment of pensionsAll pensions payable under these regulations are to be paid in fortnightly instalments.In order to ascertain the amount of a fortnightly pension, the annual amount of the pension is to be divided by 26.A pension or other benefit payable under these regulations –in the case of a child's pension, is to be paid to a parent or guardian of the child in any manner the Board determines, having regard to any wishes of that parent or guardian with respect to the payment; orin the case of any other pension or benefit, is to be paid to the person entitled to it in any manner the Board determines, having regard to any wishes of that person with respect to the payment.

Recovery of pension overpaymentIf a person has received a pension payment under these regulations and it is subsequently discovered that, by reason of a mistake, the amount of the payment is in excess of the amount properly payable to that person under these regulations, the Board may write off the whole or any part of the excess amount so paid if satisfied that –the excess amount of that part is irrecoverable; orthe enforcement of the repayment by that person of the excess amount of that part would impose undue financial hardship on that person or would be inequitable.

Reduction or suspension of invalidity pension in certain casesIf an invalidity pensioner or an interim invalidity pensioner –is offered suitable permanent employment in the service of an Agency; oraccepts a position as an employee; orengages in employment otherwise than in the service of an Agency; orengages in any business or occupation on his or her own account; oris restored to health –the Board, if it thinks fit, may suspend the pension payable to that pensioner or reduce the amount of that pension to an amount that, in the Board's opinion, the circumstances of the case warrant, or may suspend that pension for such period, or until the happening of such an event, as the Board determines.If the Board suspends or reduces an invalidity pension under subregulation (1) and the person is again determined by the Board to be suffering from such invalidity as to be retired, the Board is to restore the pension to the full rate.Notwithstanding any other regulation, if an invalidity pensioner is reappointed to an office or position in an Agency –he or she is obliged to contribute to the Fund; andif he or she is again retired or permitted to retire on the grounds of invalidity, he or she is entitled to a pension calculated at the same rate as the rate at which the invalidity pension that he or she was receiving immediately before his or her reappointment would have been payable if he or she had not been reappointed.If an invalidity pensioner who is reappointed to an office or position in an Agency subsequently retires, he or she is entitled to a pension benefit calculated in accordance with any applicable provisions of Parts 4 and 7 but in any event the annual amount of that pension is not to be less than the annual amount of the invalidity pension immediately before his or her reappointment.

Right of certain pensioners to commute pension to lump sum paymentA person who immediately before is or was in receipt of a widow's pension or widower's pension which first become payable under the Retirement Benefits Act 1970 or the Superannuation Act 1938 and who has not attained age 60 years, may, within 3 months after attaining that age, elect to convert the whole or part of that pension into a lump sum payment as provided in this regulation.A person who immediately before is in receipt of an invalidity pension under the repealed Act or, after that date becomes entitled to an invalidity pension calculated under clause 7 of Schedule 3, may within the period of 6 months after attaining age 60 years, 63 years or 65 years, as the case may be, elect to convert the whole or part of that pension into a lump sum payment as provided in this regulation.Regulation 86Subregulation (3) amended by S.R. 1994, No. 178A person who after becomes entitled to a pension under regulation 79(1) may, within 3 months of becoming entitled to that pension, elect to convert the whole or part of that pension into a lump sum payment as provided in this regulation.A person who makes an election under this regulation is to be paid out of the Fund a lump sum equal to the amount of annual pension forgone by him or her multiplied by the conversion factor that is applicable to that person on the date on which his or her election becomes effective.Regulation 86Subregulation (5) amended by S.R. 1994, No. 178When an election is made under this regulation, the pension is to be reduced on the day following receipt of the election by the Board by the percentage of the pension specified in the election.For the purposes of subregulation (2), the conversion factor for determining a lump sum payment under subregulation (4) for each $1 of pension converted by an invalidity pensioner is as follows:Age of pensioner on date on which the election becomes effectiveConversion factor656.5636.5607.5For the purposes of subregulations (1) and (3), the conversion factor for determining a lump sum payment under subregulation (4) for each $1 converted by a pensioner is as follows:Age of pensioner on date on which the election becomes effectiveConversion factorOver 90 yearsFactor to be determined by Actuary90 years2.589 years and under 90 years2.788 years and under 89 years2.987 years and under 88 years3.186 years and under 87 years3.385 years and under 86 years3.584 years and under 85 years3.783 years and under 84 years3.982 years and under 83 years4.181 years and under 82 years4.380 years and under 81 years4.579 years and under 80 years4.978 years and under 79 years5.377 years and under 78 years5.776 years and under 77 years6.175 years and under 76 years6.574 years and under 75 years6.773 years and under 74 years6.972 years and under 73 years7.171 years and under 72 years7.370 years and under 71 years7.569 years and under 70 years7.768 years and under 69 years7.967 years and under 68 years8.166 years and under 67 years8.365 years and under 66 years8.564 years and under 65 years8.763 years and under 64 years8.962 years and under 63 years9.161 years and under 62 years9.360 years and under 61 years9.559 years and under 60 years9.758 years and under 59 years9.957 years and under 58 years10.156 years and under 57 years10.355 years and under 56 years10.554 years and under 55 years10.653 years and under 54 years10.752 years and under 53 years10.851 years and under 52 years10.950 years and under 51 years11.049 years and under 50 years11.148 years and under 49 years11.247 years and under 48 years11.346 years and under 47 years11.445 years and under 46 years11.544 years and under 45 years11.643 years and under 44 years11.742 years and under 43 years11.841 years and under 42 years11.9under 41 years12.0This regulation applies to an applicant for an invalidity pension as if he or she were an invalidity pensioner.

Rates or amounts of pension to be rounded offIf an amount of pension that is calculated under these regulations leaves a fraction of a cent, if the fraction –is 0.5 cent or more, that amount is to be increased to the next highest whole number of cents; oris less than 0.5 cent, that amount is to be reduced to the next lowest whole number of cents.

Pensions not assignableA pension payable under these regulations is not capable of being assigned, charged, taken in execution or passed under any law to any person other than the pensioner to or for whose benefit it is payable.Subregulation (1) does not prevent a pensioner from assigning to, or charging in favour of, the Board any pension or other benefit so far as may be necessary for securing the payment of money payable to the Board.

Financial

Cost of administrationThe expenses incurred in the administration of these regulations are to be paid out of the Fund.

Contributions to Fund by State and State authoritiesThe Treasurer or a State authority is to pay to the Fund –in respect of a person who receives a lump sum benefit from the Fund under regulation 36, 38, 39, 40 or 42, or, if that benefit is converted to a pension under regulation 77, a contribution in respect of each pension or lump sum payment equal to five-sevenths, or any other proportion the Treasurer, on the advice of the Actuary, determines, of the pension or lump sum benefit that would have been payable if the employee had always contributed at the basic contribution rate; andin respect of a person who is paid a lump sum benefit from the Fund under regulation 43, a contribution equal to –in respect of a contributor to whom regulation 37 refers who becomes entitled to an amount of money under regulation 43(4)(c), the whole of the amount, less the sum payable by the Fund under regulation 43(2)(a)(ii); orin respect of a contributor to whom regulation 41 refers who becomes entitled to a benefit payable under regulation 43(4)(b), the whole of the benefit that is in excess of the balance standing to the credit of the contributor's account under regulation 31; andin respect of a person who receives a lump sum benefit from the Fund under regulation 44, a contribution equal to the whole of the benefit that is in excess of the balance standing to the credit of the contributor's account under regulation 31; andin respect of a person who receives a lump sum benefit from the Fund under Part 5, or if that benefit is converted to a pension under regulation 77, a contribution equal to the lump sum benefit that would have been payable if no election had been made under regulation 77; andin respect of a lump sum or pension which becomes payable under regulation 63, a contribution equal to the whole of the lump sum benefit, notwithstanding that the benefit may be taken as a pension; andin respect of a pension continued under regulation 76 or a benefit payable under the Retirement Benefits (Transitional) Regulations 1994, a contribution calculated as a percentage of the pension, being the same percentage that the Treasurer or State authority was contributing towards that pension or benefit immediately before 1 July 1994; andin respect of a person who receives a pension from the Fund payable under regulation 79, a contribution equal to two-thirds of the contribution that would have been payable in respect of the pension payable to the deceased spouse of the person as at the date of his or her death; andin respect of a person who receives a lump sum payment from the Fund under regulation 86, a contribution calculated as a percentage of the lump sum, being the same percentage that the Treasurer or State authority was contributing towards the pension payable immediately before the election to commute all or part of that pension to a lump sum payment; andin respect of a person who receives a lump sum or pension payment from the Fund under regulation 103, a contribution determined by the Board on the advice of the Actuary.A reference in subregulation (1) to the contributions payable by the Treasurer or a State authority in respect of pensions is a reference to pensions as increased each half-year under regulation 81.Regulation 90Subregulation (2A) inserted by S.R. 1994, No. 178The amount payable by the Treasurer or a State authority is to be reduced by an amount equal to five-sevenths of the lump sum received or any other amount the Treasurer determines on the advice of the Actuary if a lump sum has been received under –regulation 24; orregulation 6 or 15 of the Retirement Benefits (Transitional) Regulations 1994.Any contribution that, but for this subregulation, would have been payable by the Treasurer under this regulation in relation to a person in respect of whom money is deposited in the Fund under regulation 91 is to be met from all money so deposited and any accretions to that money.If the total of all money deposited in the Fund under regulation 91 and all accretions to that money is insufficient to meet a contribution payable under this regulation, the Treasurer must pay to the Fund or the special accounts referred to in regulation 91 an amount sufficient to enable that contribution to be so met.

Provisions for certain State authoritiesThe Board must maintain separate accounts for money paid to it under –section 32 of the Tasmanian Government Insurance Office (Sale) Act 1993; andsection 24 of the TT-Line Arrangements Act 1993; andan arrangement or agreement under which services currently provided by the State are transferred to another person which is declared by the Treasurer by notice in the Gazette to be a transfer arrangement for the purposes of these regulations.The Board must credit to the separate accounts –any contribution paid; andinterest at a rate determined in accordance with regulation 94 in respect of the amounts from time to time standing to the credit of those accounts.The Board may debit the accounts with any of the following amounts:an amount relating to the taxation liability and to the expenses incurred in the administration of the accounts;an amount authorized by these regulations;an amount approved by an instrument in writing made by the Treasurer for the purposes of these regulations.

Provision for payments by the StateA contribution that is required by these regulations to be paid to the Fund by the Treasurer in respect of the financial year commencing on , or any subsequent financial year is to be paid by the Treasurer out of the Public Account.A contribution that is required to be paid to the Fund by an Agency under regulations 90 and 91(2) is to be paid within 7 days of a claim being issued by the Board and, on the failure to make that payment in full, the Board may impose interest on arrears of the contribution.

Contributions apportioned between State and State authoritiesIf, on or after , the salary of an employee is payable by a State authority during a portion of his or her service and by the Treasurer or by another State authority during any other portion of his or her service, the payment under regulation 90 in respect of any lump sum benefit or pension payable to or in respect of him or her may be apportioned, on any basis the Board certifies to be equitable, between the authority and the Treasurer, or between those authorities, as the case may be.

Fixing of interest ratesRegulation 94Subregulation (1) substituted by S.R. 1994, No. 178Interest is calculated as at 1 July in each year by reference to the average earning rates for each of the 3 financial years immediately preceding that date of –the Fund for the purposes of Part 4; andthe investment accounts established under regulation 60, for the purposes of that regulation; andthe accounts established under regulation 91, for the purposes of that regulation.Regulation 94Subregulation (2) substituted by S.R. 1994, No. 178The earning rate for each financial year –is to be determined by the Board, on the advice of the Actuary; andis to include any unrealized capital gains and losses as income for the purposes of regulation 18(4).Regulation 94Subregulation (2A) inserted by S.R. 1994, No. 178In determining the earning rate for a financial year, the Board is to take into account the administration, taxation and other expenses that –the Board is likely to pay in respect of that year; andare likely to remain in force for a period of 12 months commencing on 1 October in that year.The Board may determine an interim interest rate.Interest commences to accrue on the day contributions or other payments made by, or on behalf of, employees are received by the Board or the Fund and ceases to accrue on the day on which the Board advises the employee of the amount of his or her entitlement to a refund of contributions or other payments.

Discretionary powers of board

Determination of questions arising under regulationsIf a question arises as to –whether any payment periodically received by an employee is to be regarded as part of the employee's salary for the purposes of these regulations; orthe rate of an employee's salary at any particular time; orwhether any payment received by an employee is to be regarded as the payment of an allowance; orthe nature or length of an employee's service –the question is to be determined by the Board.

Power of Board to determine invalidityIf a question arises under these regulations, either before or after retirement as to whether –an employee is suffering from such bodily infirmity, physical incapacity or mental incapacity as to be retired on the grounds of invalidity; oran employee who immediately before was a contributor under the repealed Act is not suffering from bodily infirmity, physical incapacity or mental incapacity as to be retired on the grounds of invalidity but is suffering from incapacity or infirmity as to be retired on the grounds of partial and permanent incapacity or infirmity; ora person who is in receipt of an invalidity pension is wholly incapacitated; orthe health of a person who is in receipt of an invalidity pension has been so restored as to enable him or her to resume duty –the question is to be determined by the Board on the basis of a report of a legally-qualified medical practitioner appointed or employed by the Board.If the Board determines that an employee who has applied to retire on the grounds of invalidity –is unfit to perform the duties of his or her position; andis likely to recover sufficiently so as to enable him or her to perform the duties of his or her position, or such other position which he or she might be required to accept; andshould not be retired on the grounds of invalidity –the Board may determine that the employee is entitled to an interim invalidity pension.If a contributor becomes entitled to an interim invalidity pension, he or she remains a contributor and is to continue to contribute to the Fund as provided by regulation 30.For the purposes of subregulation (1)(b),partial and permanent incapacity or infirmity, in relation to an existing contributor or an amalgamated contributor, means incapacity or infirmity suffered by a contributor of such kind that the Board is satisfied that, by reason of his or her suffering that incapacity or infirmity, the contributor is unfit to continue to perform the duties of his or her office or position or the duties of some other office or position that he or she may be required to accept.If an employee is entitled to an interim invalidity pension under a determination under subregulation (2) –the Commissioner for Public Employment, in the case of an employee who, immediately before becoming entitled to that pension, was employed in an office or position that is subject to the State Service Act; orthe Head of the Agency in which that person was employed immediately before becoming entitled to that pension –must not retire that person, or permit him or her to retire on the grounds of invalidity during the period that he or she is entitled to that pension.If, after such inquiry as it thinks necessary following a question arising with respect to a matter referred to in this regulation, the Board is satisfied that the health of an employee, an interim invalidity pensioner or invalidity pensioner is such as to enable him or her to perform the duties of an office or a position that is available to him or her and that he or she may be required to accept, the Board is to report its decision –to the Commissioner for Public Employment, in the case of –an employee who, immediately before the holding of the inquiry; oran interim invalidity pensioner or an invalidity pensioner who, immediately before becoming entitled to an invalidity pension –was employed in an office or a position that is subject to the State Service Act; orin any other case, to the Head of the Agency in which –the employee was employed immediately before the holding of the inquiry; orthe interim invalidity pensioner or the invalidity pensioner was employed immediately before becoming entitled to an invalidity pension.

Broken serviceIf, in the opinion of the Board –the period of service of an employee has been broken through causes beyond his or her control; ora break in the service has been of a technical character only –the Board may certify that the break does not affect the continuity of the employee's service.If the Board gives a certificate under subregulation (1) in respect of an employee, the Board, subject to these regulations, may assess the amount of contributions to be paid by the employee, on any basis it thinks equitable, as if there had been no break of service.Notwithstanding subregulation (2), the Board must not make an assessment in respect of a period exceeding 3 months during which an employee's service was broken.

Payment without grant of probateIf an employee, former employee or pensioner dies and –a benefit is or becomes payable under these regulations in relation to the deceased; andevidence of the grant of probate of the will, or letters of administration of the estate of the deceased, have not been produced to the Board; andthe Board has not, within the period of 3 months that next succeeds the death of the deceased, received a notice of intention to apply for a grant of probate of the will, or letters of administration of the estate, of the deceased –the Board, if it so decides, may make a payment of the whole or any part of the benefit in accordance with subregulation (2) that does not exceed $50 000.If the Board makes a decision under subregulation (1), the Board, after paying the funeral expenses of the deceased or reimbursing a person who has paid those expenses, may pay the whole or any part of the balance to any person the Board considers appropriate.

Reduction in salaryA contributor, other than an amalgamated contributor whose salary is reduced, by notice in writing to the Board, may elect that this regulation is to apply to the contributor in respect of the relevant period and, on the making of the election –the contributor's pension or lump sum entitlement is to be calculated as if the contributor's salary had remained unaltered; andthe contributor is to continue to pay the same contributions to the Fund during the relevant period as the contributor was paying immediately before the reduction took effect.For the purposes of subregulation (1), a contributor must not elect to include as salary any allowance previously received, unless otherwise determined by the Board under regulation 95.For the purposes of subregulation (1), the relevant period is the period commencing on the day on which the reduction in the contributor's salary took effect and ending on –the day on which, by reason of a subsequent increase of salary, his or her salary becomes equal to or greater than the salary payable immediately before the reduction took effect; orthe day of retirement or death –whichever happens first.Subregulation (1) does not apply to a contributor whose salary is reduced by reason of him or her becoming a permanent or temporary part-time employee.If the salary of an amalgamated contributor is reduced –the amalgamated contributor is to continue to pay the same contributions to the Fund as he or she was paying immediately before the reduction took place; andthe contributor's pension or lump sum benefit is to be calculated as if the salary had remained unaltered.

Medical examinationsA person who becomes a contributor on or after 1 July 1994 is not eligible to become a contributor for full benefits until a legally-qualified medical practitioner employed or approved by the Board has examined that person and has signed a certificate stating that, in his or her opinion, the person is not affected by any physical or mental defect likely to render him or her incapable, before attaining age 60 years, of performing his or her duties.A person is not eligible to become a contributor for full benefits unless the Board is satisfied, after considering the certificate of the medical practitioner referred to in subregulation (1), that the health and physical condition of the person are such as to justify him or her being accepted as such a contributor.A person who becomes a contributor and –who does not undergo a medical examination referred to in subregulation (1); orwho, having undergone such a medical examination, is not the subject of a certificate by a medical practitioner as mentioned in subregulation (1); orwho, being the subject of such a certificate, is unable to satisfy the Board as to his or her health and physical condition as mentioned in subregulation (2) –is a contributor for limited benefits and remains such a contributor until he or she has completed 10 years' service or becomes a contributor for full benefits under this regulation.An invalidity pensioner or an interim invalidity pensioner must submit for a medical examination as and when required by the Board, and in default of doing so, the Board may suspend payment of his or her pension during the continuance of the default.If the Board suspends payment of a pension under subregulation (4), the pension ceases to be payable on that suspension for the period of the suspension.This regulation applies to, and in relation to, an applicant for an invalidity pension as if the applicant were an invalidity pensioner.

False and misleading informationA person must not –in a certificate, return, declaration or other document given or sent to, or lodged with the Board by or on behalf of that person for any of the purposes of these regulations, knowingly furnish information that is false or misleading; orfor the purposes of a medical examination required to be undergone under these regulations, knowingly furnish the medical practitioner by whom the examination is made with information as to the state of his or her health or his or her medical history that is false or misleading.Fine not exceeding 50 penalty units.If a person is convicted of an offence against subregulation (1), the Board may –in the case of a contributor, determine –that the person immediately ceases to be a contributor and is not eligible, either permanently or for any period the Board determines, to contribute to the Fund; orif contributions have not commenced, that the person is not eligible to commence to contribute to the Fund either permanently or for any period the Board determines; orin the case of a pensioner, determine that his or her pension is cancelled immediately; orin the case of a person other than a contributor or pensioner, determine that the person is not eligible to commence to contribute to the Fund, either permanently or for any period the Board determines.If the Board determines that a contributor ceases to be a contributor, the Board must refund the contributions, together with interest on those contributions.A contributor to whom subregulation (3) applies, is an eligible employee for the purposes of Part 5 in respect of the total period of service as an employee.

Power of Board to reinstate lost rightsIf the Board is satisfied, after any inquiry it considers necessary, that a person has, otherwise than through his or her own fault, lost or ceased to be entitled to a right, privilege or benefit under these regulations or the repealed Act to which he or she was otherwise entitled or might have obtained, and that, in the Board's view, it is equitable that he or she should be allowed to have the enjoyment of that right, privilege or benefit, the Board, with the approval of the Treasurer, may permit the person to exercise the right or grant to him or her the privilege or benefit, notwithstanding that the time prescribed for doing any act in relation to the entitlement may have expired.The Board must not exercise its powers under subregulation (1) –so as to allow a person who, at the time the Board makes a determination under that subregulation, is not an employee or a person referred to in regulation 21 to become a contributor; orso as to allow the date on which such a person became a contributor to be varied.The Board, in the exercise of its powers under subregulation (1), may impose any conditions and requirements it considers just and the Treasurer approves.

Power of Board to grant pension or lump sum not in accordance with regulationsIf the Board, after any inquiry it considers necessary, is satisfied that a contributor within the meaning of the repealed Act would have been entitled to a benefit as a contributor within the meaning of that Act which is superior to the benefit provided under these regulations or the Retirement Benefits (Transitional) Regulations 1994, the Board is to substitute the benefit payable under these regulations with the benefit payable under that Act on any terms and conditions the Board considers to be fair and equitable.For the purpose of subregulation (1), the Board is to calculate the benefit entitlement under the SAF Agreement as set out in the repealed Act by taking the balance standing to the credit of the contributor's eligible employee accounts as at and indexing that balance at a rate declared by the Board as being equal to movements in the Average Weekly Ordinary Time Earnings (AWOTE) in Australia published by the Australian Bureau of Statistics or to movements in the Consumer Price Index – All Groups, All Capital Cities as declared under regulation 81, whichever is the greater.For the purpose of subregulation (2), the indexation rate declared by the Board is to be reviewed at 1 January and 1 July in each year in line with the most recently published AWOTE or Consumer Price Index figure immediately before that review.Notwithstanding subregulation (1), the Board may make payments of interest in respect of any benefit entitlement or further payments of interest in respect of any refunds of contributions or other payments in any circumstances it considers appropriate.Regulation 103Subregulation (5) inserted by S.R. 1994, No. 178In calculating a benefit to be substituted under subregulation (1), the Board is to determine the balance of the contributor's account in accordance with regulation 20A of the Transitional Regulations.

Review of Board decisions

Board not subject to directionExcept as provided in this Part or by the Commonwealth Superannuation Industry (Supervision) Act 1993, a person is not to give a direction to the Board, vary a decision of the Board or substitute a decision for a decision of the Board if compliance with the direction, the variation or the substituted decision would be contrary to law or to these regulations.

Statutory hearingIf the Board has been asked to determine a question or an application under Part 9, the Board, before determining the question or application adversely to the employee or pensioner, must –give him or her an opportunity to be heard; andconsider any medical report or other evidence which he or she may submit to it.

Power to apply to Supreme Court for declaration as to validityIf the Board, after a hearing as provided in regulation 105, has determined a question or an application adversely to an employee or pensioner, the employee or pensioner may require the Board to apply to the Supreme Court for a declaration in relation to that determination.Subject to subregulation (3), the Supreme Court, on an application under subregulation (1), may make a declaration, having regard to facts existing and events that have occurred at the time the declaration is made, as to the validity or otherwise of the determination in respect of which the application is made.The Supreme Court must not make a declaration under subregulation (2) in respect of a determination the validity of which cannot be decided at the time when the Court is asked to make the declaration.For the purpose of reviewing a determination by the Board, the Supreme Court has all the powers and discretions that are conferred on the Board by law or under the Act or these regulations.The Supreme Court may make a declaration –affirming the Board's decision; orremitting the matter to which the Board's determination relates back to the Board for reconsideration in accordance with the directions of the Supreme Court; orvarying the Board's determination; orsetting aside the Board's determination and substituting a decision for the determination set aside.Except as provided in subregulations (7) and (8), the cost of making the application to the Supreme Court is to be met by the Board from the Fund.If an employee or pensioner requires the Board to apply to the Supreme Court for a declaration, he or she must pay to the Board at the time of making that request an application fee of $200.If the Supreme Court is of the view that the request made by the employee or pensioner is frivolous or not in good faith, the Court may award costs in full or part against that employee or pensioner.

Appeal against decision, determination or order of BoardNotwithstanding regulation 106, a person may appeal to a judge against any decision, determination or order of the Board.Subject to subregulation (3), an appeal under this regulation is to be instituted, heard and determined in accordance with the Rules of the Supreme Court 1965 relating to appeals from statutory tribunals other than courts.Notwithstanding the provisions of rule 69(2) and (3) of Order 76 of Part I of the Rules of the Supreme Court 1965, a notice of appeal under this regulation is to be served within 21 days after the date of the service on the appellant of the decision, determination or order appealed against, or any extended period a judge allows.

Miscellaneous

Duties of responsible officers and Board to provide informationA responsible officer must –on the appointment or employment of an employee, immediately notify the Board in writing of the employee's –surname and given names; anddate of birth; andsex and marital status; andpostal address; andprivate address; andemployment status and percentage of full-time equivalent hours; andcommencement date of service; andrate of salary; andon being notified of any changes in the information referred to in paragraph (a)(i), (ii), (iii), (iv) or (v), notify the Board of those changes; andnotify the Board of any changes in the information referred to in paragraph (a)(vi), (vii) or (viii); andon resignation, death or retirement of an employee, furnish the Board with –any documents completed by the employee, his or her spouse or his or her personal representative and the responsible officer that may be necessary to support the payment of benefits accruing under these regulations; andif the employee is a person to whom regulation 48(1) refers, a certificate as to the length in years of the employee's full-time equivalent service for the period ending on .On receipt of information referred to in subregulation (1), the Board must deliver or forward to the employee –any relevant forms, notice of election and brochures required to be provided to the employee by these regulations; andinformation and notices required to be provided to the employee under any law of the Commonwealth for the purposes of these regulations.The Board is to maintain a file in respect of each employee and is to keep on that file a copy of all notifications issued or received under this regulation.In any proceedings against the Board, it is sufficient proof to establish that a notification under this regulation has been issued or received if a copy of that notice is on the file of the employee.

Employees temporarily transferred to service outside the service of StateIf a contributor was transferred to the Public Service of the Commonwealth or of another State or of a Territory otherwise than in a permanent capacity before , any salary paid by the Commonwealth, that State or that Territory in respect of service in that Public Service is salary within the meaning of these regulations and his or her rights and obligations under these regulations are to be adjusted accordingly.Regulation 109Subregulation (2) substituted by S.R. 1994, No. 178A contributor or eligible employee is taken to be on leave without pay as provided in regulation 30 if he or she is transferred, otherwise than on a permanent basis –to the Public Service of the Commonwealth; orto the Public Service of another State or Territory of the Commonwealth; orto employment in the private sector.

Pensions and benefits not office of profit under CrownA person in receipt of a pension or who is entitled to a preserved benefit under regulation 63 does not, for the purposes of any Act, hold an office or place of profit under the Crown.

Proof of service of notices and documentsIt is sufficient proof to establish that a notice or document has been served by the Board if a correctly addressed copy of that notice or document is on the file of the employee.

Applications for pensions and lump sum paymentsAn application for a pension or lump sum benefit is to be in the form approved by the Board.An application for a pension or lump sum benefit –in respect of an application by a contributor, is to be accompanied by a report relating to the application by the appropriate responsible officer; andin the case of an application for an invalidity pension or an interim invalidity pension, is to be accompanied by a certificate by a legally-qualified medical practitioner –specifying the nature of the applicant's invalidity; andcertifying that the invalidity renders the applicant unfit to continue in the performance of his or her duties or other position he or she might be required to accept; andin the case of an application by a spouse of a contributor, is to be accompanied by the following documents:a certificate of the birth of the widow or widower, an extract of that certificate or any other proof of the date and place of her or his birth the Board requires;subject to regulation 80, a certificate of her or his marriage to the contributor, an extract of that certificate or any other proof of her is his marriage to the contributor the Board requires;a certificate of the death of the contributor, an extract of that certificate or any other proof of the death of the contributor the Board requires;a certificate of the birth, an extract of the certificate of birth or any other proof the Board requires of the date and place of birth of every child of the applicant or contributor who was under age 18 years, or was 18 but under age 25 years and receiving full-time education at a school, college or university at the date of the contributor's death;Regulation 112Subregulation (2) amended by S.R. 1994, No. 178a report by the appropriate responsible officer specifying the information required to support the payment of the pension or lump sum benefit; andRegulation 112Subregulation (2) amended by S.R. 1994, No. 178in the case of an application made by the administrator or executor on behalf of the estate of a former contributor or former eligible employee, is to be accompanied by the following documents:a certificate of the death of the contributor or eligible employee, an extract of that certificate or any other proof of the death acceptable to the Board;a report by the appropriate responsible officer specifying the information required to support the payment of the pension or lump sum;evidence of the grant of probate of the will or letters of administration of the estate of the contributor or eligible employee.

Power of Board to seek further informationThe Board may require an employee or a person making an application for the payment of a benefit under these regulations –to provide the Board with the reports, certificates and documents referred to in regulation 112; orto provide the Board with authority to obtain from another person any such reports, certificates or documents.A requirement may be made only in relation to reports, certificates or documents that are relevant to the assessment of an application for the payment of a pension or a benefit.If an employee or person fails to comply with subregulation (1), the Board may take any action in relation to the benefit which, in the opinion of the Board, would place the employee or person as nearly as possible in the same position as he or she would have been if the subregulation had been complied with.

Provision with respect to election of members of BoardRegulation 7(4)InterpretationIn this Part –appointed day means the day appointed for holding an election under clause 3;election means an election of a member of the Board referred to in regulation 7(1)(b);returning officer means a person appointed by the Board under clause 2.Appointment and functions of returning officerThe Board must appoint a person as the returning officer for the purposes of an election of a member of the Board.The returning officer, if he or she is otherwise qualified to vote at the relevant election, is entitled to vote in the same manner as if he or she had not been appointed the returning officer for that election.The returning officer, subject to these regulations, is to determine all questions of detail relating to the relevant election and the validity or otherwise of any ballot paper.Notice of holding electionThe Board, by notice in the Gazette, is to appoint a day for the holding of an election.A notice under subclause (1) is to specify –the place at which it is proposed to hold the election to which the notice relates; andthe day, being not less than 21 days before the appointed day, and the hour of that day on or before which nominations are to be received by the returning officer.NominationsA nomination of a person as a candidate for an election –is to be in accordance with Form 1; andis to be signed by 2 persons who –are contributors, in respect of a nomination of a person to be a member of the Board under regulation 7(1)(b)(i); orSchedule 1Amended by S.R. 1994, No. 178are eligible employees, in respect of a nomination of a person to be a member of the Board under regulation 7(1)(b)(ii); oris to state the full name of the person nominated; andsubject to subclause (2), is to contain the written consent of the person nominated; andis to be forwarded to, or lodged at, the office of the returning officer at or before the hour specified in a notice under clause 3.A person who is nominated as a candidate for an election –in the case of a person who is not absent from Tasmania at the time of his or her nomination, may signify consent to the returning officer by facsimile; orin the case of a person who is so absent, may signify consent to the returning officer –by facsimile; orby letter sent by post or affixed to the nomination form –if the facsimile or letter is received by the returning officer before the hour specified in a notice under clause 3.Persons declared elected without electionIf only one person is nominated as a candidate for an election, the returning officer must –immediately declare that person elected; andreport to the Board and the Treasurer accordingly.Where an election must take placeIf more than one person is nominated as a candidate for an election, the returning officer must –cause to be printed a sufficient number of ballot papers in accordance with Form 2; andnot less than 14 days before the appointed day, deliver or send by post to every employee who is entitled to vote at the election –a ballot paper bearing the returning officer's signature or initials written or stamped on the back; andan envelope addressed to the returning officer to contain the ballot paper when returned and having endorsed on its flap a certificate by the returning officer that the person to whom it is addressed is entitled to vote at the election.The responsible officer of each Agency, not less than 21 days before the appointed day, must provide the returning officer with a true and complete list of all employees employed in that Agency who are entitled to vote at the election.Employees who are entitled to voteAn employee is entitled to vote at an election if –in the case of the election of a person as a member of the Board under regulation 7(1)(b)(i), he or she is a contributor; orin the case of the election of a person as a member of the Board under regulation 7(1)(b)(ii), he or she is an eligible employee.Method of votingA contributor or an eligible employee who votes at an election must –mark the ballot paper in the manner provided by the Electoral Act 1985 in respect of an election of one member for an electoral division under that Act; andsign his or her name on the certificate on the envelope sent by the returning officer; andfold up the ballot paper so that the vote cannot be seen and deliver or send it by prepaid post, enclosed in the envelope sent by the returning officer so that the ballot paper reaches the returning officer, not later than the time for the close of business on the appointed day.ScrutineersThe returning officer may appoint 2 scrutineers for an election, and a candidate, by writing addressed to the returning officer, may appoint one scrutineer for an election.A scrutineer appointed under subclause (1) may be present when the counting of votes takes place at the election.Scrutiny of votesAll ballot papers received by the returning officer not later than the time prescribed by clause 8(c) are to be dealt with at the scrutiny which must take place as soon as practicable after that time.The returning officer, immediately before the scrutiny and in the presence of any scrutineers present, must –open every envelope containing a ballot paper; andwithout inspecting or unfolding the ballot paper contained in the envelope, deposit the ballot paper in a locked ballot box.The returning officer, in the presence of any scrutineers present, must –open the ballot box and take out ballot papers deposited in it; andcount the votes recorded on the ballot papers in accordance with the Electoral Act 1985; andreject every ballot paper that is informal.For the purposes of subclause (3), a ballot paper is informal if –it does not bear the signature or the initials of the returning officer;it bears a mark by which the voter can be identified; orit does not reach the returning officer in a closed envelope at or before the time prescribed by clause 8(c).If there is an equal number of votes for 2 or more candidates, the returning officer, in accordance with the Electoral Act 1985, must decide which of those candidates is to be elected or discarded.The returning officer must preserve the ballot papers, envelopes in which the ballot papers were received and other papers connected with the election for a period of not less than 3 months after the election.Result of electionAfter counting the votes, the returning officer must –declare elected the candidate who first receives an absolute majority of the votes cast at the election; andreport to the Board and the Treasurer accordingly.

NOMINATION OF CANDIDATE FOR ELECTION AS MEMBER OF RETIREMENT BENEFITS FUND BOARD

BALLOT PAPER FOR ELECTION OF MEMBER OF RETIREMENT BENEFITS FUND BOARD

Provisions with respect to appointment and terms and conditions of employment of officers of BoardRegulation 9(7)Age of officersA person who has attained age 65 years is not to be appointed as an officer of the Board and an officer of the Board who attains that age ceases to be so employed.Officers to perform functions determined by the BoardAn officer of the Board must perform –any functions specified in the instrument of appointment; andany functions the Board determines.Certain terms and conditions of employment of officers to be determined by the BoardThe terms and conditions of employment, including remuneration, allowances and entitlements of officers of the Board, subject to this Schedule and any Act, and to any award, enterprise agreement or industrial agreement relating to persons engaged in the work for which they are appointed, are to be determined by the Board.An officer of the Board may be dismissed if the officer –is unfit to discharge, or incapable of discharging, the functions of his or her office efficiently; oris not discharging the functions of his or her office efficiently, satisfactorily, with due care or in the best interests of the Board; oris not qualified, either temperamentally or otherwise, for the efficient and satisfactory performance of the functions of his or her office.Terms of appointment and functions of SecretaryA person appointed as Secretary to the Board –is entitled to any remuneration and allowances determined by the Board or in accordance with any Act; andholds that position for a term, not exceeding 5 years, and on any conditions, the Board determines; andmust not engage in paid employment outside the duties of the position unless the Board has approved that employment.The functions of the Secretary are to –ensure that the decisions and operations of the officers of the Board are directed towards achieving the objectives and policies of the Board; andensure that the Board has access to the skills, facilities and resources required to achieve its objectives and policies; andensure that the Board's operations are conducted in an efficient, effective and economic manner; andmanage the research and development activities of the Board including the provision of advice to the Board, and the Government on issues affecting the Act.Superannuation and long service leaveAn officer and the Secretary of the Board –is entitled to benefits under these regulations; andis an employee for the purposes of the Long Service Leave (State Employees) Act 1994.Officers of Board subject to awards under Industrial Relations Act 1984An officer of the Board is entitled to any salary and allowances determined by an award, industrial agreement or enterprise agreement under the Industrial Relations Act 1984.Candidature for election as Member of ParliamentFor the purposes of regulation 9, a person becomes a candidate for election as a member of a House of Parliament when the person is nominated for that election in accordance with the law regulating the election.Reappointment of former officersIf a person who –was an officer of the Board; andceased to be such an officer on becoming a candidate for election as a member of a House of Parliament as provided by clause 7; andwas a candidate at that election; andfailed to be elected; andapplies, within 3 months after the declaration of the result of that election, for his or her former office –the Board may reappoint that person to his or her former office without the fulfilment of any conditions otherwise required for making the appointment.If a person is reappointed, the person, subject to subclause (3), holds that office in all respects as if he or she had been absent on leave without pay from that office for the period from the day he or she ceased to be an officer to the day before the day on which he or she was reappointed.For the purpose of the application of the Long Service Leave (State Employees) Act 1994, if a person reappointed became entitled, by reason of ceasing to be an officer under regulation 9, to an allowance under that Act, the person, for the purpose of subclause (2), must be treated in respect of the period in respect of which the amount of the allowance is calculated under regulation 9(6), or so much of that period as had expired before the reappointment took effect, as if absent, not on leave without pay, but on long service leave under that Act.If a person's reappointment takes effect before the expiration of the period mentioned in subclause (3), the whole period, for the purposes of subclause (2), is taken to have expired on the day before the reappointment took effect.If the rights of a person reappointed have been changed on ceasing to be an officer, in respect of pension, pay in lieu of leave or otherwise, all necessary payments, repayments and entries are to be made to put the person in the same position as if he or she had been absent on leave without pay.Calculation of certain pensions in respect of former contributors under repealed ActRegulation 77InterpretationIn this Schedule –average annual salary means the average annual salary that the contributor received in respect of the 12 months before retirement or death;contributor means a person, who immediately before , was a contributor, other than an amalgamated contributor or a provident fund contributor, within the meaning of the repealed Act and who continued as a contributor within the meaning of Part 4.For the purposes of this Schedule, if at any time during the period of 12 months immediately before retirement or death, a contributor has been absent on leave without pay or on less than full pay, the contributor's average annual salary is to be calculated as if he or she had continued to be employed in the same capacity on full pay during the whole of that period.Determination of prospective service for purpose of calculation of invalidity pensionIf the Board determines under regulation 96 that a contributor is suffering from invalidity, the prospective service for the purpose of clause 7 is to commence on the day immediately following the actual date of retirement and end on the day on which he or she attains –the age for retirement, in the case of a contributor other than a police officer as at ; orage 60 years, in the case of a contributor as at who is a police officer; orage 55 years, in the case of any other contributor.If the Board determines under regulation 96 that a contributor is suffering from partial and permanent incapacity, the prospective service for the purposes of clause 7 commences on the day immediately following the actual date of retirement and end on the day on which he or she attains –age 60 years, in the case of an employee who was a contributor to the Fund as at ; orage 55 years, in any other case.Determination of service for permanent part-time employeesFor the purposes of calculating the pension to be paid to a contributor who is a permanent part-time employee, the length of service as a part-time employee is to be adjusted to equivalent service in a full-time capacity.Determination of salary for permanent part-time employeesFor the purpose of calculating the pension to be paid to a contributor who is a permanent part-time employee, his or her salary is the average annual salary the contributor would have received if the contributor had been employed as a full-time employee in the office or position held by the contributor.Pension payable to contributor for full or limited benefits on retirement due to ageThe pension payable to a contributor for full or limited benefits to whom regulation 36 applies is an annual sum calculated in accordance with the following formula:where –P is the annual amount of pension;FAS(1) is –the average annual salary received by a contributor in respect of the year preceding resignation, death or retirement; orin the case of a contributor whose length of service at the time of resignation, death or retirement is less than one year, the average annual salary received in respect of the actual period of service;ABMF is the contributor's adjusted benefit multiple factor, calculated by taking the rate or rates of contribution made by the contributor and multiplying the benefit multiple factor prescribed for that rate or those rates of contribution under regulation 33 by the contributor's length of service in years at that rate or for each of those rates of contribution and accumulating each result obtained from those multiplications;PP is the percentage of the lump sum benefit payable under regulation 36 that the contributor has elected, under regulation 77, to be converted to a pension;ERP is the early retirement penalty calculated in accordance with clause 9.Pension payable to contributors for full or limited benefits due to redundancy or compulsory retirementThe pension payable to a contributor for full or limited benefits to whom regulation 37 applies and who is aged 55 years or over is an annual sum calculated in accordance with the following formula:where –P is the annual amount of pension;FAS(1) is –the average annual salary received by a contributor in respect of the year preceding resignation, death or retirement; orin the case of a contributor whose length of service at the time of resignation, death or retirement is less than one year, the average annual salary received in respect of the actual period of service;ABMF is the contributor's adjusted benefit multiple factor, calculated by taking the rate or rates of contribution made by the contributor and multiplying the benefit multiple factor prescribed for that rate or those rates of contribution under regulation 33 by the contributor's length of service in years at that rate or for each of those rates of contribution and accumulating each result obtained from those multiplications;PP is the percentage of the lump sum benefit payable under regulation 37 that the contributor has elected, under regulation 77, to be converted to a pension;ERP is the early retirement penalty calculated in accordance with clause 9.Pension payable to contributor for full benefits on retirement due to invalidity or partial and permanent incapacityThe pension payable to a contributor for full benefits –to whom regulation 38(1)(a) applies; orto whom the Board, under regulation 96, has determined that a pension is payable –is an annual sum calculated in accordance with the following formula:where –P is the annual amount of pension;FAS(1) is –the average annual salary received by a contributor in respect of the year preceding resignation, death or retirement; orin the case of a contributor whose length of service at the time of resignation, death or retirement is less than one year, the average annual salary received in respect of the actual period of service;ABMF is the contributor's adjusted benefit multiple factor, calculated by taking the rate or rates of contribution made by the contributor and multiplying the benefit multiple factor prescribed for that rate or those rates of contribution under regulation 33 by the contributor's length of service in years at that rate or for each of those rates of contribution and accumulating each result obtained from those multiplications;PBMF is the contributor's prospective benefit multiple factor, calculated by taking the basic contribution rate applicable to the contributor and multiplying the benefit multiple factor prescribed for that rate of contribution under regulation 33 by the contributor's length of service in years commencing on and from the date of his or her retirement and concluding –f the contributor has retired due to invalidity, on the date he or she attains the age provided in clause 2(1); orif the contributor has retired due to partial and permanent incapacity, on the date he or she attains the age provided in clause 2(2).The pension payable to an amalgamated contributor to whom the Board, under regulation 96, has determined that a pension is payable is an annual sum calculated in accordance with the following formula:where –P is the annual amount of pension payable;SB is the pension value of the units purchased by the contributor under the Superannuation Act 1938 as at ;DS is the differential salary of the amalgamated contributor being the FAS(1) of that contributor less the annual salary payable in respect of that contributor as at .Pension payable to contributor for full or limited benefits who retires after attaining the age of retirementThe pension payable to a contributor for full or limited benefits to whom regulation 42 applies is an annual sum calculated in accordance with the following formula:where –P is the annual amount of pension;FAS(1) is –the average annual salary received by a contributor in respect of the year preceding resignation, death or retirement; orin the case of a contributor whose length of service at the time of resignation, death or retirement is less than one year, the average annual salary received in respect of the actual period of service;ABMF is the contributor's adjusted benefit multiple factor, calculated by taking the rate or rates of contribution made by the contributor and multiplying the benefit multiple factor prescribed for that rate or those rates of contribution under regulation 33 by the contributor's length of service in years to the age of retirement at that rate or for each of those rates of contribution and accumulating each result obtained from those multiplications;PP is the percentage of the lump sum benefit payable under regulation 42 that the contributor has elected, under regulation 77, to be converted to a pension;PBMF is the contributor's post age of retirement benefit multiple factor, calculated by taking the basic contribution rate applicable to the contributor and multiplying the benefit multiple factor prescribed for that rate of contribution under regulation 33 by the contributor's length of service in years commencing on and from the contributor's age for retirement and concluding on the date of the contributor's actual retirement or at the age of 70 years, whichever is the earlier.Early retirement penaltyIf a contributor to whom clauses 5 and 6 apply, other than a police officer or a female employee who commenced her service before , retires, the amount of pension to which he or she is entitled is, subject to subclause (2), to be reduced by 1% for each 3 months or part of 3 months by which the contributor retires before attaining the age of 60 years.A reduction is not to be made under subclause (1) to the amount of pension payable to a contributor if, at the time when the contributor becomes entitled to the pension, the pension before an election under regulation 77 is made is greater than or equal to two-thirds of his or her average annual salary in the year immediately preceding retirement.These regulations are administered in the Department of Treasury and Finance.