Division 1 Retirement on pension
(1) A contributor (being, in the case of a woman, a contributor at the rate prescribed for retirement at age sixty) who has served for at least ten years with any one or more employers shall be entitled to elect to retire on pension from the service of the contributor’s employer upon or after reaching the age of sixty years; and every woman contributor at the rate prescribed for retirement at age fifty-five who has so served shall be entitled to so retire upon or after reaching the age of fifty-five years.(1A) (Repealed)(1B) A contributor (being, in the case of a woman, a contributor at the rate prescribed for retirement at age sixty) shall be entitled to elect to retire from the service of the contributor’s employer on pension on or after reaching the age of fifty-five years if the contributor has continuously been a contributor during the next preceding period of ten years.(2) (Repealed)(3) A person who, before becoming a contributor, was:(a) employed on terms requiring the contributor to give the whole of his or her time to that employment, and(b) paid at an hourly, daily, weekly or fortnightly rate, or at piecework rates,is entitled to have that employment treated as service as an employee for the purposes of this section.(4) Whenever:(a) a period of employment that a contributor has had with an employing authority, and(b) a later period of service that the contributor has had as an employee with an employer are continuous,STC may, if satisfied that, having regard to the nature of the work performed by the contributor during that period of employment, it is proper to do so, treat, for the purposes of this section, that period of employment as a period of service as an employee with that employer.(5) A reference in subsection (4) to a period of service as an employee with an employer includes a reference to a period treated under subsection (3) or (4) as a period of service as an employee.
(1) A person who is entitled or becomes entitled to a pension under this Act may commute the whole or part of that pension (subject to this section and Part 6 of Schedule 25).(2) A person may not commute the whole or any part of a pension under subsection (1) before attaining the age of 55 years.(3) This section does not authorise the commutation of a pension payable in respect of children.(4) Subject to section 21D, any person desiring to commute pension pursuant to this section may elect to do so at any time after attaining the age of 54 years and 6 months.(5) An election under this section may be made in respect of 2 different amounts and as from 2 different dates and the election shall have effect as to the different amounts as from the respective dates from which the different amounts are commuted.(6) Where:(a) a person making an election under this section in respect of one amount dies before the election takes effect, the election shall be deemed to be revoked, and(b) a person making an election under this section in respect of different amounts as from different dates dies before the commutation as to one or both of those amounts takes effect, the commutation as to that or those amounts, as the case may be, shall not be effective.(7) Where an election under this section takes effect and the person who made the election dies before any lump sum payable pursuant to the election has been paid to the person, STC shall pay the lump sum to the person’s personal representatives.(8) Upon an election under this section taking effect as to an amount of pension, there shall be paid from the Fund to the person who made the election or, as the case may require, to the personal representatives of the person, a lump sum calculated by multiplying the fortnightly amount of pension commuted by the prescribed commutation factor in relation to the person, subject to sections 31A (3) and 32A (3).(9) In subsection (8):prescribed commutation factor means:
(a) in relation to a person whose election under this section took effect as to an amount of pension before the person attained the age of 60 years, the figure (rounded to 2 decimal places) calculated in accordance with the following formula:
where:F is the prescribed commutation factor,
A is the age of the person in years (including any fractional part of a year calculated on a daily basis) on the date the election by the person to commute took effect as to that amount of pension, and
(b) in relation to a person whose election under this section took effect as to an amount of pension on or after the person attained the age of 60 years:(i) 250, where no prescribed period has elapsed in relation to the person, or(ii) where a prescribed period has elapsed in relation to the person, a figure lower than 250 determined by STC having regard to the length of the prescribed period.prescribed period, in relation to a person whose election under this section took effect as to an amount of pension on or after the person attained the age of 60 years, means:
(a) in the case of such a person who became entitled to the amount of pension to which the election relates on or before attaining the age of 65 years—the period (if any) between:(i) the attainment by the person of the age of 60 years or the day on which the person became entitled to that amount of pension, whichever was the later, and(ii) the day on which the election took effect as to that amount of pension, or(b) in the case of such a person who became entitled to the amount of pension to which the election relates after attaining the age of 65 years—the period (if any) between:(i) the attainment by the person of the age of 65 years, and(ii) the day on which the election took effect as to that amount of pension.(10) (Repealed)(11) Subject to section 21D, a person may, with the approval of STC, make more than one election under this section, but only one such election shall take effect.(12) Where a person makes an election under section 23BA to take up additional units, nothing in subsection (11) applies to an election made under this section in respect only of any of the pension payable in respect of those additional units, but:(a) a person may not, without the approval of STC, make more than one such election under this section in respect of that pension, and(b) only one such election made by the person under this section in respect of that pension shall take effect.(13) Subsections (11) and (12) apply to and in respect of an election under this section whether or not the election has been amended or revoked.(14) The approval of STC may only be given for the purposes of subsection (11) or (12) in special circumstances.(15) An election made under this section by an employee before the day on which the employee attained the age of 55 years shall be deemed to be revoked if the employee has not retired before the expiration of 12 months after attaining that age.(16) An election made under this section by an employee on or after the day on which the employee attained the age of 55 years shall be deemed to be revoked if the employee has not retired before the expiration of 12 months after making the election.(17) This Act applies to and in respect of a person who is entitled to a pension and who commutes the whole of that pension in accordance with this section in the same way as it applies to and in respect of a pensioner under this Act.(18) On the death of a person who has, pursuant to this section, commuted the whole or part of any pension payable to the person, the pension payable to the spouse or de facto partner of the person pursuant to the provisions of this Act shall be determined in accordance with the pension that would have been payable to the person at the time of death had the person not so commuted that pension.(19) Nothing in this Act shall be construed as requiring STC to make inquiries as to whether any pension is payable under this Act as a consequence of the death of a person who has commuted the whole of a pension in accordance with this section.
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21D Limitations on elections under section 21C
(1) Subject to this section, a person may not make an election under section 21C relating to a pension under this Act after the expiration of 6 months after:(a) the day on which the person attained the age of 55 years, or(b) the day on which the person became entitled to that pension,whichever is the later day.(2) Subject to this section, if a person makes an election under section 23BA to take up additional units, the person may not make an election under section 21C in respect only of the pension payable in respect of those additional units after the expiration of 6 months after:(a) the day on which the person attained the age of 55 years, or(b) the day on which the person made the election under section 23BA,whichever is the later day.(3) Where:(a) an election under section 21C was not made within the time prescribed in respect thereof by the provisions of subsections (1) and (2),(b) it is proved to the satisfaction of STC that the election was not made within that time because:(i) the person entitled to make the election did not know of the right to make the election, or(ii) circumstances substantially beyond the control of the person prevented the making of the election, and(c) STC is satisfied that, in the circumstances of the case, it is desirable that the election should be accepted,STC may, subject to such terms and conditions as it may impose, accept the election and deal with it as if that time had been indefinitely extended.(4) Where:(a) a pension became payable to a person before the person attained the age of 60 years,(b) the person has attained the age of 59 years and 6 months, and(c) the person, although entitled to do so, has not previously made an election under section 21C (being an election which has taken effect) to commute the whole or any part of that pension,the person may make an election under that section in relation to that pension before the expiration of the period of 6 months after the day on which the person attains or attained the age of 60 years.
21E Interest to be paid on commuted amounts
Whenever a lump sum is payable under section 21C on or after the commencement of Schedule 2 (6) to the Superannuation (Amendment) Act 1988, interest at the rate currently fixed under section 86A for the purposes of this section (less any deduction for money due to the Fund) is payable from the Fund in respect of the period beginning with the date on which the lump sum becomes payable and ending with the date when it is authorised to be paid.
(1) Any contributor may be retired from the service of the contributor’s employer on the ground of invalidity or physical or mental incapacity to perform the contributor’s duties.(1A) (Repealed)(2) The question whether the contributor is an invalid, or is physically or mentally incapable of performing his or her duties, shall be determined by STC, having regard to medical advice furnished by one or more persons or bodies nominated, or one or more persons who are members of a class of persons nominated, by STC.
(1) For the purposes of this Act, a contributor shall be taken to be retrenched when the contributor’s service with an employer is terminated and where the service is expressed by the employer to be:(a) compulsorily terminated by the employer on the ground that:(i) the employer no longer requires the contributor’s services and, on termination of the contributor’s service, does not propose to fill the contributor’s position,(ii) the work which the contributor was engaged to perform has been completed, or(iii) the amount of work that the employer requires to be performed has diminished and, because of that fact, it has become necessary to reduce the number of employees employed by the employer, or(b) terminated as a result of the acceptance by the contributor of an offer by the employer of terms of retrenchment made on a ground specified in paragraph (a).(2) For the purposes of this Act, a contributor shall be taken to be discharged on the cessation of the contributor’s employment with an employer expressed by the employer to be on the ground that the period, or successive periods, for which the contributor was employed has or have ended.
23B Date of retirement, contributions payable etc
(1) For the purpose of determining the rights of an employee under this Act, the date of the employee’s retirement shall be the date on which in the opinion of STC the employee ceases to be employed by his or her employer.(2) Except as provided by section 23BA, a person is not entitled to elect to contribute, or required to contribute, in respect of an additional unit or units of pension by reason of a salary increase not actually paid before the date of the person’s retirement, determined as provided by subsection (1), or the date of the person’s death, whichever first occurs.(3) (Repealed)(4) Notwithstanding anything contained in this Act, sections 28A and 29 excepted, or any other Act, pension shall be payable, in the case of the death of an employee from the day following the date of death of the employee, and in the case of the retirement of an employee the date of whose retirement is determined by STC in accordance with this section from the day following such date.
23BA Retrospective salary increases
(1) Notwithstanding subsection (2) of section 23B, where a contributor retires or dies or where a pensioner dies and an amount in respect of an increase in the contributor’s or pensioner’s salary that took effect from a day earlier than the day of the contributor’s or pensioner’s retirement or death and payable up to the day of the contributor’s or pensioner’s retirement or death has been paid to the contributor or pensioner, or is payable to the contributor’s or pensioner’s estate, the contributor or pensioner, or in the case of the contributor’s or pensioner’s death, the contributor’s or pensioner’s spouse or de facto partner may make an election to take up any or all of the additional units to which such increase would have entitled the contributor or pensioner had the contributor or pensioner continued to be a contributor.(2) Pension in respect of the additional units in respect of which an election is made under this section shall be payable from the day following the date of retirement or death of the contributor or pensioner, as the case may be.(2A) The contributions payable consequent on an election under this section in respect of a unit of pension shall be the contributions that would have been payable had the unit been a unit in respect of which the contributor was required by section 10R (1) to contribute to the Fund.(2B) Nothing in this section authorises a person to elect to take up abandoned units.(3) An election under this section shall:(a) in the case of a person who retired or died before the commencement of the Superannuation (Amendment) Act 1971 be made within three months after such commencement,(b) in the case of a person who retires after such commencement be made by the contributor or pensioner within three months after the increase is actually paid to the contributor or pensioner and in the event of the person’s death before the expiration of the said three months and the person’s not having made such election be made by the person’s spouse or de facto partner within three months after the person’s death,(c) in the case of a person who retires after such commencement and dies before the increase is paid be made by the person’s spouse or de facto partner within three months after the increase is paid,(d) in the case of a contributor who dies before the increase is paid be made by the person’s spouse or de facto partner within three months after the increase is paid:Provided that STC may in special circumstances allow an election to be made under this section after the expiration of the periods above prescribed.
For the purposes of this Act, a contributor shall be taken to be dismissed when the employer compulsorily terminates (however expressed) the contributor’s service otherwise than:(a) by compulsorily retiring the contributor on a pension payable under this Act, or(b) by retrenching or discharging the contributor.
For the purposes of this Act, a contributor shall be taken to have resigned from the service of an employer when the contributor terminates (however expressed) that service without:(a) being entitled to retire from that service on a pension payable under this Act, or(b) being retrenched.
Division 2 Grant of pensions and benefits
26A Benefit payable not to include fraction of a cent
Where STC is required to pay to a person as a benefit under this Act an amount that includes a fraction of a cent, the fraction shall be ignored and, where the fraction is one-half or more, the amount payable after ignoring the fraction shall be increased by one cent.
27 Amount of pension payable on retirement
(1) A contributor who retires is entitled to be paid a pension of $5.50 per fortnight for each unit for which the contributor was contributing at the time of retirement.(2) Subsection (1) does not apply to a contributor in respect of whom special provision for the payment of a pension or other retirement benefit is made under another provision of this Act.(3) If STC has made a determination under section 61RA in respect of a pension payable under this section, the amount of the pension is reduced by the amount specified in STC’s determination.
28 Pension of woman retiring before 60
(1) On the retirement at or after the age of fifty-five years of a woman who has contributed for a pension payable on reaching the said age, the full pension for which she has so contributed shall be payable.(2) (Repealed)
28A Pension on retirement before reaching 60 years of age
(1) This section applies to a contributor who retires in accordance with section 21 (1B) and who is not entitled to a pension under section 28AA.(2) A contributor to whom this section applies is entitled on retirement to a pension determined according to the number of units for which the contributor has, at the time of retirement, contributed for not less than 2 years and 6 months.(3) Subject to this section, the value of each unit of pension referred to in subsection (2) is as follows:(a) if the age of the contributor at the contributor’s last birthday before retirement was 55 years—$3.27 per fortnight,(b) if the age of the contributor at the contributor’s last birthday before retirement was 56 years—$3.55 per fortnight,(c) if the age of the contributor at the contributor’s last birthday before retirement was 57 years—$3.91 per fortnight,(d) if the age of the contributor at the contributor’s last birthday before retirement was 58 years—$4.35 per fortnight,(e) if the age of the contributor at the contributor’s last birthday before retirement was 59 years—$4.88 per fortnight.(4) In addition to the value of a unit of pension specified in subsection (3), a contributor is entitled to receive in respect of the unit an amount per fortnight calculated in accordance with the following formula:
where:A represents the value that the unit would have had if the contributor had in fact retired on the contributor’s next birthday after that retirement, and
B represents the value of the unit at the contributor’s last birthday before retirement, and
C represents the number of days during the period beginning with the day after the contributor’s last birthday before retirement and ending with the day before payment of the pension is due to begin.
(5) If a contributor to whom this section applies has contributed for one or more units of pension for less than 2 years and 6 months, the contributor is entitled to be paid on retirement a lump sum equal to the amount of contributions that the contributor has paid in respect of the unit or units.(6) A pension under this section becomes payable on and from the day following the contributor’s exit day, except as provided by subsection (7).(7) A pension under this section payable to a contributor who is retrenched becomes payable on and from the day after the day on which the contributor actually leaves the service of the contributor’s employer, whether at the contributor’s exit day any period of untaken leave was due to the contributor or not.(8) A contributor whose pension is determined in accordance with this section ceases to be liable to pay contributions to the Fund on the first day of the month or four-weekly period, as the case may be, in which the pension becomes payable in accordance with subsection (6) or (7).(9) If STC has made a determination under section 61RA in respect of a pension payable under this section, the amount of the pension is reduced by the amount specified in STC’s determination.
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28AA Pension on retirement before age 60—component pension
(1) On the retirement of a contributor under section 21 (1B) on or after the commencement of Schedule 2 (6) to the Superannuation (Amendment) Act 1985, except as provided by subsection (2), the pension to which the contributor is entitled is a pension under this section.(2) A contributor is entitled to the pension under section 28A and not the pension under this section if the sum of:(a) the amount which would be payable to the contributor on the commutation of the whole of the pension payable to the contributor under section 28A, and(b) the amount of any lump sum which would be payable to the contributor under section 28A (5),is greater than the amount which would be payable to the contributor on the commutation of the whole of the pension payable to the contributor under this section.(3) The pension to which a contributor is entitled under this section is a pension of an amount per fortnight equivalent to the sum of the employee-contributed pension component, and the employer-financed pension component, in relation to the contributor.(4) For the purposes of subsection (3), the employee-contributed pension component, in relation to a contributor, shall be calculated in accordance with the following formula:
where:P1 is the employee-contributed pension component.
EPU is the sum of the following:
(a),
(b),
(c) UC.UHn is the number of units of pension for which contributions were payable by the contributor on the contributor’s exit day in accordance with the tables of contributions fixed by or under this Act, but excluding:
(a) any such units of pension which are excess units of pension referred to in section 10W (1) and in respect of which no person has any rights in the Fund, and(b) any such units of pension, being reserve units, for which contributions were being made under section 15A.Cn is the amount of contributions due for the last contribution period for which contributions were payable by the contributor before the contributor’s exit day, in respect of that number of units of pension.
Rn is the amount which, if the contributor were required under Division 5 of Part 3 to commence to contribute for an additional unit of pension on the contributor’s exit day, would be the amount payable in accordance with the tables of contributions fixed under section 10AD for that unit for a contribution period.
TCB is the total amount paid in respect of instalments payable by the contributor on or before the contributor’s exit day for units of pension for which the contributor contributed in accordance with Division 6 of Part 3 (but deducting therefrom any part of that amount allocated under this Act to the purchase of fully paid up units).
RB is the amount specified in section 10AG (1) as the cost of a unit of pension in relation to the contributor.
UC is the number of units (if any) purchased by the contributor and credited to the contributor as fully paid up units under section 20C or otherwise.
TM is the number of years, if any, (including any fractional part of a year calculated on a daily basis) by which the day from which the pension under this section commences to be payable precedes the date on which the contributor attains the age of 60 years.
(5) For the purposes of subsection (3), the employer-financed pension component, in relation to a contributor, shall be calculated in accordance with the following formula:
where:P2 is the employer-financed pension component.
UE is the number of units of pension that, pursuant to section 12 (1), is appropriate to the salary payable to the contributor on the contributor’s exit day plus, in a case to which section 10W applies, the number of any excess units of pension referred to in section 10W (1) and in respect of which STC considers, in accordance with section 10W (5), that the retention of entitlement to benefits under this Act is warranted.
S is the number of years (including any fractional part of a year calculated on a daily basis) of continuous contributory service by the contributor with any one or more employers.
TM is the number of years, if any, (including any fractional part of a year calculated on a daily basis) by which the day from which the pension under this section commences to be payable precedes the date on which the contributor attains the age of 60 years.
(5A) If STC has made a determination under section 61RA in respect of a pension payable under subsection (3), the amount of that pension is reduced by the amount specified in STC’s determination.(6) For the purposes of subsection (5), the period of continuous contributory service by a person on the person’s exit day is the period that commenced when the person last became a contributor and ended on that day (but excluding any part of that period during which the person is treated by section 48 as being on leave of absence without pay).(7) Except as provided by subsection (7A), a pension payable under this section shall commence and be payable as from the day following the contributor’s exit day.(7A) A pension payable under this section to a contributor who is retrenched shall be payable as from and including the day after the date on which the contributor actually leaves the service of the employer, whether or not at the contributor’s exit day any period of untaken leave was due to the contributor.(8) Contributions payable by and in respect of a contributor whose pension is payable under this section shall cease to be paid:(a) where the pension becomes payable before the commencement of Schedule 9 to the Superannuation (Amendment) Act 1983—on the first day of the month or four-weekly contribution period, as the case may be, in which the pension commences to be payable in accordance with subsection (7), or(b) where the pension becomes payable on or after the commencement of that Schedule—on the first day of the contribution period preceding that in which the pension commences to be payable in accordance with subsection (7) or (7A).(9) (Repealed)
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28B Increase of pension in case of certain retirements after reaching 62 years of age
(1) For the purposes of this section, the period of contributory service of a contributor upon the contributor’s retirement is the next preceding period that commenced:(a) when the contributor last became a contributor, or(b) (Repealed)(c) if, since the contributor last became a contributor, the contributor had been on leave of absence pursuant to section 48—when the contributor was re-employed by an employer after the last such leave of absence,and ended upon the contributor’s retirement.(2) Where a contributor aged sixty-two years or more retired on or after 1 July 1972 and before the commencement of the Superannuation (Amendment) Act 1972, or retires at or after that commencement, the pension that, but for this section, would be payable to the contributor shall, if the contributor has completed not less than eleven years of contributory service, be increased by a percentage determined in accordance with subsection (3).(3) The percentage referred to in subsection (2) is:(a) where the contributor had completed forty years or more of contributory service at the time of the contributor’s retirement:(i) ten per centum if the contributor retired on or after reaching the age of sixty-two years and before reaching the age of sixty-three years,(ii) twenty per centum if the contributor retired on or after reaching the age of sixty-three years and before reaching the age of sixty-four years, and(iii) thirty per centum if the contributor retired on or after reaching the age of sixty-four years, or(b) where the contributor had completed eleven or more, but less than forty, years of contributory service at the time of the contributor’s retirement—the percentage that would, if the contributor had completed more than forty years of contributory service, be applicable under paragraph (a), multiplied by the fraction obtained by applying the formula:
where n represents the number of years of contributory service that the contributor had completed.(4) Notwithstanding subsection (2), the pension of a contributor shall not be increased under this section to an amount in excess of the amount of the upper limit of the salary group in which the contributor’s salary fell immediately before the contributor’s retirement, any salary increase referred to in section 23BA being deemed to have been paid to the contributor immediately before that retirement.(5), (6) (Repealed)(7) Notwithstanding the foregoing provisions of this section:(a) this section does not apply to a contributor who retires on or after 1 July 1979 and who has not attained the age of 62 years before that date, and(b) this section applies to a contributor who retires on or after 1 July 1979 and who has attained the age of 62 years before that date, but so applies subject to subsection (8).(8) In the case of a contributor referred to in subsection (7) (b), the percentage by which the contributor’s pension is to be increased shall be determined as though the contributor retired on 30 June 1979, but that percentage shall be applied to the whole of the pension that, but for this section, would be payable to the contributor upon the contributor’s actual retirement.
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(1) Except as provided by subsections (2), (2A) and (3), if a contributor is retired on the ground of invalidity or physical or mental incapacity to perform the contributor’s duties, the contributor shall, subject to section 10AA (2), be entitled to the full pension for which the contributor was contributing as at the contributor’s exit day.(2) If a contributor:(a) being a person who became a contributor on or after 13 January 1978, or(b) being a person who, immediately before 13 January 1978, was:is retired on the ground of invalidity or physical or mental incapacity to perform the contributor’s duties and the number of years (disregarding any fraction of a year) comprising the period from the date when the contributor last became a contributor and the contributor’s exit day, after having subtracted from that period any period of retirement pursuant to section 22 in respect of which the contributor received a pension under this Act, is less than 10, the contributor shall be entitled to a pension, the amount of which shall be calculated in accordance with the formula:(i) a contributor accepted or treated as a contributor for limited benefits under this Act as then in force, or(ii) a contributor accepted or treated as a contributor in the provisional category under this Act as then in force,
where, in relation to the contributor:P is the amount of the pension per fortnight,
A is the amount of pension per fortnight that would have been payable to the contributor under subsection (1) had the contributor been a person to whom that subsection applies,
B is the number of years (disregarding any fraction of a year) comprising the period from the date when the contributor last became a contributor to the contributor’s exit day, after having subtracted from that period any period of retirement pursuant to section 22 in respect of which the contributor received a pension under this Act, and
C is:
(a) the number of years (disregarding any fraction of a year) comprising the period from the date when the contributor last became a contributor to the last day of the contribution period preceding that in which the contributor would attain the maturity age, or(b) 10,whichever is the lesser.(2AA) If STC has made a determination under section 61RA in respect of a pension payable under subsection (2), the amount of the pension is reduced by the amount specified in STC’s determination.(2A) If:(a) a person becomes a contributor within the period of one year ending on and including the last day of the contribution period preceding that in which the person would attain the maturity age,(b) the person is retired on the ground of invalidity or physical or mental incapacity to perform the person’s duties, and(c) the person’s exit day precedes the last day of the contribution period referred to in paragraph (a),then:(d) subsection (2) does not apply to that person, and(e) the person shall be entitled to a pension equal to 80 per cent of the amount of pension that would have been payable to the contributor under subsection (1) had the person been a person to whom that subsection applies.(2B) Subsection (2) does not apply to a contributor whose exit day is on or after the last day of the contribution period preceding that in which the contributor attains or would attain the maturity age.(3) If, in respect of a contributor referred to in subsection (2) (b) (other than a contributor referred to in subsection (2) (b) (ii)), the amount of pension to which the contributor would have been entitled, had this Act not been amended by the Superannuation (Amendment) Act 1977, is greater than the amount to which the contributor would otherwise be entitled under subsection (2), the contributor shall, notwithstanding subsection (2), be entitled to a pension of the greater amount.(4) A contributor to whom this section applies shall be granted payment of pension only for such period at a time as STC determines and a fresh application shall, unless STC from time to time otherwise determines, be necessary before any further payment is made.(4A) The period determined by STC as referred to in subsection (4) for the payment of pension to a person who:(a) has not attained the maturity age—shall be such period (not exceeding 5 years) as STC thinks fit, having regard to the state of health of the person, and(b) has attained the maturity age—may be for the remainder of the person’s life.(5) Despite subsection (4A), STC may determine that the period for payment of a pension to a contributor to whom this section applies or a former contributor who is being paid a pension under this section, and who has attained the age of 55 years, is to be for the remainder of the person’s life.(5A) STC may not make a determination under subsection (5), except on the election of the contributor or former contributor concerned.(6) Contributions payable by or in respect of a contributor to whom this section applies cease to be payable on the first day of the contribution period during which the pension becomes payable.(7) Schedule 17 has effect.(8) A contributor who is a Magistrate and who ceases to hold office (whether before or after the commencement of this subsection) on the ground of invalidity or physical or mental incapacity to perform the Magistrate’s duties is entitled to a pension under this section as if the Magistrate had been retired by the Magistrate’s employer on that ground, if STC is satisfied as to the Magistrate’s invalidity or incapacity in accordance with section 22 (2).
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30 Pensions to spouse or de facto partner on death of contributor
(1) On the death of a male contributor, pension is, subject to section 46A, payable to his spouse or de facto partner, at the rate of two-thirds of the pension that would have been payable to the contributor had he, where he was aged not less than 60 years, retired or been retired immediately before his death or, where he died before reaching the age of 60 years, had he been retired immediately before his death.(2) On the death of a woman contributor, pension is, subject to section 46A, payable to her spouse or de facto partner, at the rate of two-thirds of the pension that would have been payable to the contributor had she, where she was aged not less than the maturity age, retired or been retired immediately before her death or, where she died before reaching the maturity age, had she been retired immediately before her death.
31 Pension to spouse or de facto partner on death of pensioner
(1) On the death of a male pensioner, pension is, subject to sections 46A and 47, payable to his spouse or de facto partner, at the rate of two-thirds of the pension payable to the pensioner at the time of his death.(2) On the death of a woman pensioner, pension is, subject to sections 46A and 47, payable to her spouse or de facto partner, at the rate of two-thirds of the pension payable to the pensioner at the time of her death.(3) (Repealed)(4) Notwithstanding the foregoing provisions of this section, but subject to section 47, where a pensioner referred to in subsection (1) or (2) had contributed for not more than 4 units of pension and had received a pension increase in terms of section 2 of the Superannuation (Amendment) Act 1970, the pension payable to the pensioner’s spouse or de facto partner shall not exceed $20 per fortnight, but nothing in this subsection affects the operation of Division 6.(5) A reference in subsection (1) or (2) to a pensioner does not include a person who is entitled to receive only a pension under this section or section 30.
31A Minimum benefit payable in respect of pensioner who dies
(1) If a pensioner dies without leaving a spouse or de facto partner to whom pension is payable under this Act, nor a child in respect of whom pension is payable under this Act, there is payable to the personal representatives of the pensioner an amount calculated by deducting from the minimum benefit payable in respect of the pensioner the total of all benefits paid to the pensioner under this Act.(2) If a pensioner dies leaving a surviving spouse or de facto partner, and the surviving spouse or de facto partner dies, and there is no child of the pensioner or spouse or de facto partner in respect of whom pension is payable under this Act, there is payable to the personal representatives of the pensioner an amount calculated by deducting from the minimum benefit payable in respect of the pensioner the total of:(a) all benefits paid to the pensioner under this Act, and(b) all benefits paid as a consequence of the death of the pensioner to the spouse or de facto partner or any other person under this Act.(3) If a pensioner dies leaving a surviving spouse or de facto partner to whom pension is payable under this Act, and no child of the pensioner or spouse or de facto partner in respect of whom pension is payable under this Act, and the surviving spouse or de facto partner elects to commute the whole of that pension under section 21C, there is payable to the spouse or de facto partner, on that election taking effect, whichever is the greater of the following amounts:(a) the amount that would be payable under section 21C (but for this section), or(b) the amount calculated by deducting from the minimum benefit payable in respect of the pensioner the total of:(i) all benefits paid to the pensioner under this Act, and(ii) all benefits paid as a consequence of the death of the pensioner to the spouse or de facto partner or any other person under this Act.(4) If subsection (1), (2) or (3) would apply in respect of a pensioner, but for the pensioner leaving a child or children in respect of whom pension is payable under this Act (or would, but for this section, be so payable), STC may, if it considers it to be in the best interests of the child or children, apply this section as if there were no such child or children, in which case pension or pensions are not payable under this Act in respect of the child or children.(5) If a pensioner has no personal representatives, an amount payable to the pensioner’s personal representatives is to be paid to such person or persons as STC may determine.(6) For the purposes of this section, if a pensioner dies and his or her spouse or de facto partner died at the same moment or in circumstances rendering it uncertain which of them survived the other, and the spouse or de facto partner died before a pension became payable to him or her under this Act because of the pensioner’s death, the pensioner is taken not to have a surviving spouse or de facto partner.(7) For the purposes of this section, the minimum benefit payable in respect of a pensioner is the amount to which the pensioner would have been entitled under section 38A if the pensioner had, on the day determined by STC as being the last day on which he or she was an employee, resigned from the service of his or her employer and elected to take the benefit of that section.(8) In this section:benefits includes instalments of pension.
pensioner means a person to whom a pension is payable under this Act because the person was a former contributor, and includes a person who became entitled to a pension under this Act because the person was a former contributor and who commuted that pension in accordance with this Act.
32A Death of employee before retirement
(1) Where an employee dies before retirement without leaving a spouse or de facto partner in respect of whom pension is payable under this Act, the employee shall, unless the employee leaves a child or children in respect of whom pension is payable under this Act or would, but for this section, be so payable, be deemed to have resigned, immediately before dying, from the service of the employee’s employer and to have elected under section 38B to take the benefit of section 38A.(1A) The amount payable under section 38A by reason of the death of an employee in the circumstances referred to in subsection (1) shall be paid by STC to the employee’s personal representatives or, where the employee has no personal representatives, to such persons as STC may determine.(2) Where an employee referred to in subsection (1) leaves a child or children in respect of whom pension is payable under this Act or would, but for this section, be so payable, STC may:(a) make a payment referred to in subsection (1A) as if the employee had not left such a child or children, in which case a pension or pensions shall not be payable under this Act in respect of the child or children, or(b) pay a pension or pensions in respect of the child or children as if this section had not been enacted and pay to the personal representatives of the employee or, if there are no personal representatives, to such persons as STC may determine, an amount equal to the total of the contributions paid by the employee to the Fund,whichever STC considers to be in the best interests of the child or children.(3) If an employee dies before retirement leaving a surviving spouse or de facto partner in respect of whom pension is payable under this Act, and no child in respect of whom pension is payable under this Act, and the surviving spouse or de facto partner elects to commute the whole of that pension under section 21C, there is payable to the spouse or de facto partner, on that election taking effect, whichever is the greater of the following amounts:(a) the amount that would be payable under section 21C (but for this section), or(b) the amount that would have been payable if the employee had resigned, immediately before dying, from the service of the employee’s employer and elected under section 38B to take the benefit of section 38A, less the total of any benefits paid as a consequence of the death of the employee to the spouse or de facto partner or any other person under this Act (including any instalments of pension).(4) If subsection (3) would apply in respect of an employee, but for the employee leaving a child or children in respect of whom pension is payable under this Act (or would, but for this section, be so payable), STC may, if it considers it to be in the best interests of the child or children, apply subsection (3) as if there were no such child or children, in which case pension or pensions are not payable under this Act in respect of the child or children.
32AA Extension of sec 32A to certain cases where spouses or de facto partners die contemporaneously
(1) Where:(a) a male employee died before his retirement, whether before, on or after the commencement of this subsection,(b) his spouse or de facto partner died at the same moment or after he died or in circumstances rendering it uncertain which of them survived the other, and(c) his spouse or de facto partner died before a pension became payable to the spouse or de facto partner under this Act consequent on his death,he shall, for the purposes of section 32A as in force at any time, be deemed not to have had a spouse or de facto partner at the time of his death.(2) Where:(a) a woman employee died before her retirement, on or after the commencement of this subsection,(b) her spouse or de facto partner died at the same moment or after she died or in circumstances rendering it uncertain which of them survived the other, and(c) her spouse or de facto partner died before a pension became payable to the spouse or de facto partner under this Act consequent on her death,she shall, for the purposes of section 32A as in force at any time, be deemed not to have had a spouse or de facto partner at the time of her death.
32C Refund or minimum benefit in certain cases where spouse or de facto partner dies
(1) Where:(a) an employee dies before retirement leaving a spouse or de facto partner,(b) the spouse or de facto partner dies, and(c) there are children of the employee or of the spouse or de facto partner in respect of whom pension becomes payable in accordance with section 33,there shall be paid to the employee’s personal representatives or, where the employee has no personal representatives, to such persons as STC may determine a sum equal to the contributions paid by the employee to the Fund less:(d) the total amount of pension paid to the spouse or de facto partner under section 30 otherwise than in respect of a child, and(e) any lump sum paid to the spouse or de facto partner under section 21C in respect of such a pension.(2) If an employee dies before retirement leaving a surviving spouse or de facto partner, and the surviving spouse or de facto partner dies, and there is no child of the employee or of the spouse or de facto partner in respect of whom pension is payable under this Act, there is payable to the employee’s personal representative or, where the employee has no personal representatives, to such person as STC may determine, an amount calculated by deducting from the minimum benefit payable in respect of the employee the total of all benefits paid as a consequence of the death of the employee to the spouse or de facto partner or any other person under this Act (including any instalments of pension).(3) In a case to which subsection (1) applies, STC may, if it considers it to be in the best interests of the child or children, make a payment in accordance with subsection (2) as if there were no child or children of the deceased, in which case no pension is payable under this Act in respect of the child or children and no amount is payable under subsection (1).(4) For the purposes of this section, the minimum benefit payable in respect of an employee is the amount that would have been payable if the employee had resigned, immediately before dying, from the service of the employee’s employer and elected under section 38B to take the benefit of section 38A.
32D Children’s pensions at sec 61M rates
(1) A pension of the appropriate amount per fortnight under section 61M is payable on the death of a contributor or pensioner in respect of a child if the conditions set out in subsections (1A) and (1B) are satisfied.(1A) The child must be a child of the contributor or pensioner or a child of a surviving spouse or de facto partner of the contributor or pensioner who is not eligible to receive a pension under section 33.(1B) If the child is not a child of the contributor or pensioner, the child:(a) must have been born or adopted before the death of the contributor or pensioner, and(b) must have been ordinarily part of the contributor’s or pensioner’s household at the time of the death of the contributor or pensioner.(2) A pension under this section ceases to be payable in respect of a child if the surviving parent dies.(3) A pension under this section continues to be payable notwithstanding that the surviving parent marries or remarries.(4) Nothing in this section affects the operation of section 47.(5) In this section:pensioner means a person who received a pension because the person was a former contributor.
33 Children’s pensions at sec 61N rates
(1) A pension of the appropriate amount per fortnight under section 61N is payable on the death of a contributor or pensioner in respect of a child if the conditions set out in subsections (1A)–(1C) are satisfied.(1A) The child must be a child of the contributor or pensioner or a child of a spouse or de facto partner of the contributor or pensioner.(1B) The other parent of the child or the spouse or de facto partner of the contributor or pensioner who was a parent of the child:(a) must have died before the contributor’s or pensioner’s death, or(b) must have been divorced from the contributor or pensioner, or(c) must have been in a registered relationship or interstate registered relationship, within the meaning of the Relationships Register Act 2010, or a de facto relationship, with the contributor or pensioner that ended before the contributor’s or pensioner’s death.Note. “De facto relationship” is defined in section 21C of the Interpretation Act 1987.(1C) If the child is not a child of the contributor or pensioner:(a) in a case where the spouse or de facto partner who is the parent of the child is divorced from or the former de facto partner of the pensioner or contributor, the child must have been born or adopted before the divorce or end of the relationship, and(b) in any case, the child must have been ordinarily part of the contributor’s or pensioner’s household at the time of the death of the spouse or de facto partner, divorce or end of the relationship.(1D) In this section:pensioner means a person who received a pension because the person was a former contributor.
spouse or de facto partner includes a person previously married to the contributor or pensioner or a former de facto partner.
(2) Where a pension ceases to be payable under section 32D in respect of a child because the surviving parent dies, a pension of the appropriate amount per fortnight under section 61N is payable in respect of the child.(3) Nothing in this section affects the operation of section 47.
33AA STC may determine to pay children’s pensions in other cases
STC may, if it considers it appropriate, determine that a pension is payable under a provision of this Act to a child even though the child is not eligible under that provision to receive a pension.
33A Variation of pension in certain circumstances
(1) In this section, a reference to pension under this Act is a reference to pension payable under this Act, including any increase to that pension payable under this or any other Act.(2) Where a person entitled to receive a pension under this Act or a child or student in respect of whom such a pension is payable would, in the opinion of STC, thereby be prejudicially affected in respect of any benefits otherwise receivable by that person, or that child or student, the amount of pension payable shall be such lesser amount than that provided for under this or any other Act as STC from time to time determines.(3), (4) (Repealed)(5) Where STC, under subsection (2), determines an amount of pension under this Act, the amount of the pension as determined by STC shall be payable in respect of such periods or at such times by way of lump sum or otherwise as STC from time to time determines.(6) A part of a pension that is not paid because of the operation of subsection (2) shall, in calculating a pension payable under section 30 or 31, be taken into account as if it had been payable.
33B STC to apportion benefits and other payments between the contributors’ reserve and the appropriate employer reserve
(1) Whenever:(a) a benefit under this Act becomes payable to a contributor (other than a benefit under Division 3A of Part 4), or(b) a contributor elects to take the benefit of that Division, or(c) if a contributor has died without having received a benefit under this Act—the benefit becomes payable to another person in consequence of that death,STC must ascertain the portion of the benefit that is payable from the contributors’ reserve and the portion that is payable from the appropriate employer reserve.(2) For the purposes of subsection (1):(a) the portion of the benefit payable to or in respect of a contributor from the contributors’ reserve is an amount equal to the lesser of the amount calculated according to subsection (4) and the relevant amount, and(b) the portion of the benefit payable to or in respect of the contributor from the appropriate employer reserve is equal to the relevant amount, less the amount ascertained under paragraph (a).(2A) When an amount under the family law superannuation legislation or Part 4A becomes payable to or in respect of a non-contributor spouse, STC must, in accordance with the regulations, determine the portion of the payment that is payable from the contributors’ reserve and the portion that is payable from the appropriate employer reserve.(3) For the purposes of subsection (2), the relevant amount is:(a) if a lump sum benefit (other than a commutation of pension) is to be paid to or in respect of the contributor—the amount of the benefit payable to or in respect of the contributor, or(b) if a pension or a commutation of a pension is to be paid to or in respect of the contributor—the amount calculated by STC as the capitalised value of the benefits payable to or in respect of the contributor.(4) For the purposes of subsection (2), the amount to be calculated is:(a) the amount that would have been payable if the contributor had elected to take the benefit of section 38, and(b) interest:(i) compounded on 30 June in each year in respect of the period beginning with the day on which the contributor first became liable to make contributions under this Act and ending with the day on which the contributor ceased to be employed by an employer, and(ii) calculated at the prescribed rate on the amount ascertained by applying the formula set out in subsection (5).(5) For the purposes of subsection (4) (b), the formula is as follows:
where:A represents the total amount of contributions (excluding contributions refundable under section 15A (6AA) or (6AB)) that the contributor had paid to the Fund from the beginning of the contributor’s contributory service to the beginning of the period in respect of which the calculation is to be made, together with interest (if any) at the prescribed rate calculated at 30 June immediately preceding that period.
B represents the total amount of those contributions from the beginning of the contributor’s contributory service to the end of the period in respect of which the calculation is to be made, together with interest (if any) at the prescribed rate calculated as at 30 June immediately preceding that period.
(6) For the purposes of this section, prescribed rate means:(a) in respect of any relevant period ending before 1 July 1972—3.5 per cent per year, and(b) in respect of any relevant period beginning on or after 1 July 1972—the rate as fixed by STC from time to time, having regard to the earnings of the Fund and such other matters as STC considers relevant.
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37 Retrenchment benefits payable to an employee who is retrenched after completing 10 years’ service
(1AA) This section does not apply to an employee who is retrenched before having completed 10 years’ service with any one or more employers.(1) In the case of the retrenchment of an employee who was a contributor at 30 June 1963, the contributor is, subject to section 38B, entitled to either:(a) a lump sum payment equal to three and one-half times the sum of:(i) the contributions that the contributor paid to the Fund (but without interest) before 13 January 1952, and(ii) ten-elevenths of the contributions that the contributor has paid to the Fund (but without interest) on or after 13 January 1952,in determination of all rights given by this Act (subsection (4) excepted), or(b) such pension as is determined by STC to be the equivalent of the contributor’s rights in the Fund.(2) In the case of the retrenchment of an employee who became or becomes a contributor on or after 1 July 1963, the contributor is, subject to section 38B, entitled to either:(a) a lump sum payment equal to two and one-half times the contributions that the contributor has paid to the Fund (but without interest), in determination of all rights given by this Act (subsection (4) excepted), or(b) such pension as is determined by STC to be the equivalent of the contributor’s rights in the Fund.(3) (Repealed)(4) An employee entitled to:(a) a lump sum payment under subsection (1) (a) is also entitled to a lump sum payment equal to two and one-half times an amount equal to ten-elevenths of the contributions, or(b) a lump sum payment under subsection (2) (a) is also entitled to a lump sum payment equal to one and one-half times an amount equal to the contributions,that would have been payable by the employee under this Act in respect of each of the reduced value units allocated to the employee, had each such reduced value unit been held by the employee as a contributory unit as from the earliest of the times that the employee is deemed by section 47C (6) to have held the reduced value unit.(4A) If STC has made a determination under section 61RA in respect of a benefit payable under this section, the amount of the benefit is reduced by the amount specified in STC’s determination.(5) Where an employee who has been retrenched and is in receipt of a pension thereafter enters the service of an employer:(a) the pension shall not cease to be payable,(b) the employee shall contribute as provided in Part 3, and(c) the employee shall not be entitled to count the employee’s service prior to retrenchment as service for the purpose of any other pension or benefit under this Act.(6) Where an employee who has been retrenched and has received a lump sum under this section thereafter enters the service of an employer, the employee is not entitled to claim any further benefit in respect of the employee’s previous service unless the employee complies with section 38C.(7)–(10) (Repealed)(11) A person who, before becoming a contributor, was:(a) employed on terms requiring the contributor to give the whole of his or her time to that employment, and(b) was paid at an hourly, daily, weekly or fortnightly rate, or at piecework rates,is entitled to have that employment treated as service as an employee for the purposes of this section.(12) Whenever:(a) a period of employment that a contributor has had with an employing authority, and(b) a later period of service that the contributor has had as an employee with an employer,are continuous STC may, if satisfied that, having regard to the nature of the work performed by the contributor during that period of employment, it is proper to do so, treat, for the purposes of this section, that period of employment as a period of service as an employee with that employer.(13) A reference in subsection (12) to a period of service as an employee with an employer includes a reference to a period treated under subsection (11) or (12) as a period of service as an employee.
37A Retrenchment benefits payable to contributors having not less than 3 years’ contributory service
(1) This section applies to a contributor who is retrenched from the service of an employer on or after 13 February 1987 and who, at the time of retrenchment, has completed 3 years’ continuous contributory service.(1A) (Repealed)(2) For the purpose of subsection (1), a contributor who is retrenched shall be taken to have completed 3 years’ continuous contributory service when:(a) the contributor has, for a continuous period of 3 years or more immediately preceding the retrenchment, been employed in the service of an employer or employers, and(b) during the continuous period of 3 years immediately preceding the retrenchment, the contributor has been a contributor under this Act or has been a contributor under this Act and a contributor to the Public Authorities Superannuation Fund.(3) For the purposes of subsection (1), the period of continuous contributory service by a contributor at the contributor’s exit day is:(a) subject to paragraph (b)—the period that commenced when the contributor last became a contributor to the Fund and ended on that exit day, or(b) if immediately before becoming a contributor to the Fund the contributor was a contributor to the Public Authorities Superannuation Fund—the period that commenced when the contributor last became a contributor to the Public Authorities Superannuation Fund and ended on that exit day,but excluding in either case any part of that period during which the contributor is treated by section 48 as being on leave of absence without pay.(4) A contributor to whom this section applies is, subject to section 38B, entitled to either:(a) a lump sum benefit calculated in accordance with the formula set out in subsection (5), or(b) such pension as is determined by STC to be the equivalent of the contributor’s rights in the Fund.(5) The formula referred to in subsection (4) (a) is as follows:
where:B represents the benefit to be determined,
C is equal to:
(a), or
(b) the contributions paid by the contributor,whichever is the greater, andE is equal to
.
(6) For the purposes of subsection (5):A represents the contributor’s age in years and any fractional part of a year (that part to be calculated on a daily basis) on the contributor’s exit day,
F is equal to:
(a) if “M” is 60 or more—285, and(b) if “M” is less than 60—,
M represents the greater of the following:
(a) the contributor’s maturity age,(b) the contributor’s age in years and any fractional part of a year (that part to be calculated on a daily basis) at the date on which the contributor last became a member of the Fund + 10,P1 is the employee-contributed pension component calculated in accordance with subsection (7) (a), and
P2 is the employer-financed pension component calculated in accordance with subsection (7) (b).
(7) In subsection (6):(a)
where EPU is the sum of:(i),
(ii), and
(iii) UC, and(b)where:
UE is the number of units of pension that, pursuant to section 12 (1), is appropriate to the salary payable to the contributor on the contributor’s exit day plus, in a case to which section 10W applies, the number of any excess units of pension referred to in section 10W (1) and in respect of which STC considers, in accordance with section 10W (5), that the retention of entitlement to benefits under this Act is warranted.
S is the number of years (including any fractional part of a year calculated on a daily basis) of continuous contributory service by the contributor with any one or more employers.
T is the number of years, if any, (including any fractional part of a year calculated on a daily basis) by which the contributor’s exit day precedes:
(a) the date on which the contributor attains the maturity age, or(b) where any employment which, on the contributor’s exit day, the contributor is entitled to count as service for the purposes of section 21 is, in total, for less than a period of 10 years—the expiration of the balance of that period of 10 years,whichever is the later.(8) For the purposes of subsection (7) (a):UHn is the number of units of pension for which contributions were payable by the contributor on the contributor’s exit day in accordance with the tables of contributions fixed by or under this Act, but excluding:
(a) any such units of pension which are excess units of pension referred to in section 10W (1) and in respect of which no person has any rights in the Fund, and(b) any such units of pension, being reserve units, for which contributions were being made under section 15A,Cn is the amount of contributions due for the last contribution period for which contributions were payable by the contributor before the contributor’s exit day, in respect of that number of units of pension,
Rn is the relevant amount under subsection (9) in relation to the contributor for an additional unit of pension on the contributor’s exit day,
TCB is the total amount paid in respect of instalments payable by the contributor on or before the contributor’s exit day for units of pension for which the contributor contributed in accordance with Division 6 of Part 3 (but deducting from that amount any part allocated under this Act to the purchase of fully paid up units),
RB is the amount specified in section 10AG (1) as the cost of a unit of pension in relation to the contributor, and
UC is the number of units (if any) purchased by the contributor and credited to the contributor as fully paid up units under section 20C or otherwise.
(9) For the purposes of subsection (8), the relevant amount in relation to a contributor for an additional unit of pension on the contributor’s exit day is:(a) where the contributor has attained the prescribed age on or before that day, the amount which, if the contributor were required under Division 5 of Part 3 to commence to contribute for an additional unit of pension on that day, would be the amount payable in accordance with the tables of contributions fixed under section 10AD for that unit for a contribution period, or(b) where the contributor has not attained the prescribed age on or before that day, the amount equal to the sum of:(i) the amount payable by the contributor for any additional unit of pension for which the contributor had been required to commence contributing on and from the contributor’s last annual adjustment day for a contribution period or, as the case may be, the amount that would have been so payable if the contributor had been so required, and(ii) for each day of the period commencing on the day following that annual adjustment day and ending on the contributor’s exit day, the amount equal to 1/364th part of the difference between the amount referred to in subparagraph (i) and the amount that that amount would have been if, on the contributor’s last annual review day before the contributor’s exit day, the contributor had been 1 year older than the age actually attained.(10) For the purposes of subsection (7) (b), the period of continuous contributory service by a contributor on the contributor’s exit day is the period that commenced when the contributor last became a contributor and ended on that day, but excluding any part of that period during which the contributor is treated by section 48 as being on leave of absence without pay.(10A) If STC has made a determination under section 61RA in respect of a benefit payable under this section, the amount of the benefit is reduced by the amount specified in STC’s determination.(11) If a former employee who:(a) has been retrenched, and(b) has received a retrenchment benefit under this section,subsequently enters the service of the same or another employer, the former employee is not entitled to claim any further benefit in respect of previous service with an employer unless the former employee has complied with section 38C.(12), (13) (Repealed)
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37B Deferral of payment of benefits on retrenchment
(1) This section applies to a contributor who is retrenched from the service of an employer and who, at the time of retrenchment, is not less than 50 years of age.(2) A contributor to whom this section applies is entitled, subject to section 38B and only with the concurrence of his or her employer, to elect to retire on pension at the early retirement date instead of taking any pension, benefit or other amount that would be payable to the contributor under this Part on the retrenchment of the contributor.(3) If a contributor makes such an election, the contributor is entitled, on the early retirement date, to a pension under section 28, 28A or 28AA (whichever is applicable), as if the contributor had continued in the service of the employer and had elected to retire, and retired, on the early retirement date. Section 21C applies accordingly.(4) The entitlement under this section arises only if the contributor agrees to pay to the Fund, and does pay to the Fund, within the time required by STC, an amount determined by STC, on the basis of actuarial advice, as the present value of the total of all further amounts that the contributor would have been required to contribute to the Fund had the contributor not been retrenched and had continued in service with the employer until the early retirement date.(5) If a contributor elects to take the benefit of this section, Division 7 of Part 3 applies, and continues to apply, in respect of the contributor’s employer, as if the contributor were still employed by the employer and had continued in the service of the employer until the early retirement date. Accordingly, the employer must contribute to the Fund as required by those provisions.(6) For the purposes of Division 7 of Part 3, the contributions to be made by the employer are to be determined by STC on the basis of the contributions that would have been payable by the contributor had he or she continued in the service of the employer at the same salary and on the same basis as immediately before his or her retrenchment.(7) If a contributor who has been retrenched elects to take the benefit of this section and afterwards enters the service of the same or a different employer, the contributor is not entitled to claim any further benefit in respect of the contributor’s previous service, except in accordance with section 38C.(8) If a contributor who elects to take the benefit of this section:(a) becomes incapacitated before the early retirement date, or(b) dies before the early retirement date,STC may treat the contributor (whether or not the election has already taken effect) as having elected to take the benefit of Division 3A immediately before he or she became incapacitated or died, and apply those provisions accordingly. If the contributor has paid a lump sum to the Fund in accordance with this section, STC is to refund to the contributor, or the contributor’s personal representatives, an amount determined by STC as being the value of excess contributions paid by the contributor (that is, contributions paid in respect of a period commencing after the contributor’s incapacity or death).(9) In this section:early retirement date, in relation to a contributor to whom this section applies, means the date on which the contributor will reach the age of 55 years.
(1) If a contributor:(a) is retrenched from the service of an employer, or(b) resigns or is dismissed or discharged from the service of an employer,the contributor is, subject to section 38B, entitled to be paid a lump sum (without interest) equal to the contributions (other than contributions refundable under section 15A (6AB)) paid by the contributor under this Act, irrespective of the cause of the retrenchment, resignation, dismissal or discharge.(2) Whenever a lump sum is paid under subsection (1), there shall, subject to subsection (3), be deducted from that sum any amount received by the contributor as a pension before the contributor’s retrenchment, resignation, dismissal or discharge.(3) A deduction under subsection (2) must not reduce the amount paid to a contributor under this section to an amount below the contributions paid by the contributor since the contributor last received any amount as pension.(4) If a former employee who:(a) has been retrenched, dismissed or discharged, or has resigned, and(b) has received a benefit under this section or section 38A,subsequently enters the service of the same or another employer, the former employee is not entitled to claim any further benefit in respect of previous service unless the former employee has complied with section 38C.
(1) In this section:contributory service, in relation to a contributor who is retrenched, resigns or is dismissed or discharged from the service of an employer, is the next preceding period that:
(a) began:(i) when the contributor last became a contributor, or(ii) if, since last becoming a contributor, the contributor had been held to be on leave of absence without pay as provided by section 48—when an employer re-employed the contributor after that leave of absence, and(b) ended when the contributor’s employment with the employer ceased.prescribed rate means:
(a) in respect of any relevant period ending before 1 July 1972—3.5 per cent per year, and(b) in respect of any relevant period beginning on or after 1 July 1972—the rate as fixed by STC from time to time, having regard to the earnings of the Fund and such other matters as STC considers relevant.(c) (Repealed)(2) If a contributor who has not completed 5 years’ contributory service is retrenched, resigns or is dismissed or discharged from the service of an employer, the contributor is, subject to section 38B, entitled to receive from the Fund the amount that would have been payable if the contributor had elected to take the benefit of section 38.(3) If a contributor who has completed 5 years’ but less than 10 years’ contributory service is retrenched, resigns or is dismissed or discharged from the service of an employer, the contributor is, subject to section 38B, entitled to receive from the Fund an amount equal to the sum of:(a) the amount that would have been payable if the contributor had elected to take the benefit of section 38, and(b) interest:(i) compounded on 30 June each year in respect of the period beginning with the day on which the contributor first became liable to make contributions under this Act and ending with the day on which the contributor ceased to be employed by that employer, and(ii) calculated at the prescribed rate on the amount ascertained by applying the formula set out in subsection (5).(4) If a contributor who has 10 years’ contributory service or more is retrenched, resigns or is dismissed or discharged from the service of an employer, the contributor is, subject to section 38B, entitled to receive from the Fund an amount equal to the sum of:(a) the amount that would have been payable if the contributor had elected to take the benefit of section 38, and(b) interest:(i) compounded on 30 June each year in respect of the period beginning with the day on which the contributor first became liable to make contributions under this Act and ending with the day on which the contributor ceased to be employed by that employer, and(ii) calculated at the prescribed rate on the amount ascertained by applying the formula set out in subsection (5), and(c) a further amount calculated in accordance with the following formula:
where:T represents the sum of the amounts referred to in paragraphs (a) and (b), and
P represents the period of the contributor’s contributory service, expressed in years with any fractional part of a year being calculated on a daily basis.
(5) For the purposes of subsections (3) (b) and (4) (b), the formula is as follows:
where:A represents the total amount of contributions (excluding contributions refundable under section 15A (6AB)) that the contributor had paid to the Fund from the beginning of the contributor’s contributory service to the beginning of the period in respect of which the calculation is to be made, together with interest (if any) at the prescribed rate calculated at 30 June immediately preceding that period, and
B represents the total amount of those contributions from the beginning of the contributor’s contributory service to the end of the period in respect of which the calculation is to be made, together with interest (if any) at the prescribed rate calculated at 30 June immediately preceding that period.
(5A) Despite subsections (2), (3) and (4), the maximum amount that a contributor is entitled to receive from the Fund under this section is:(a) in the case of a contributor who has not attained the age of 55 years—the amount calculated by STC as the value of the lump sum that would have been payable to the contributor had he or she retired at 55 years of age and elected under section 21C to commute the whole of the pension to which the person was entitled on retirement at that age, or(b) in the case of a contributor who has attained the age of 55 years—the amount calculated by STC as the value of the lump sum that would have been payable to the contributor had he or she retired at his or her current age and elected under section 21C to commute the whole of the pension to which the person was entitled on retirement.(5B) If STC calculates that the maximum amount that a contributor is entitled to receive from the Fund under subsection (5A) is less than the amount the contributor would have been entitled to receive under this section had the amendments made to this section by the Superannuation Legislation Amendment Act 1998 not been made, then the contributor is entitled to receive the greater amount (despite those amendments).(6) If STC has made a determination under section 61RA in respect of a benefit payable under this section, the amount of the benefit is reduced by the amount specified in STC’s determination.
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38B Contributor who is retrenched, resigns or is dismissed or discharged to be entitled to the greatest available benefit
(1) A contributor who is retrenched from the service of an employer and who, at the date when the retrenchment takes effect, is not entitled to elect to retire on a pension under section 27, 28, 28A or 28AA may, at any time before the end of 3 months after that date, elect between taking:(a) a lump sum benefit payable under a provision of this Part to any such contributor who is retrenched, or(b) if such a provision also confers an entitlement to a pension—a pension, or(c) subject to subsection (7)—the benefit of Division 3A, or(d) if section 37B applies to the contributor—the benefit of that section.(2) A contributor who resigns or is dismissed or discharged from the service of an employer may, at any time before the end of 3 months after the date when the resignation, dismissal or discharge takes effect, elect between taking:(a) a lump sum benefit payable under a provision of this Part to a contributor who has resigned or is dismissed or discharged, or(b) subject to subsection (7)—the benefit of Division 3A.(3) If a contributor is retrenched, resigns or is dismissed or discharged from the service of an employer, the employer must take all practicable steps to obtain from the contributor an election under subsection (1) or (2) and, after obtaining such an election, must forward it immediately to STC.(4) If a contributor who is entitled to make an election under subsection (1) or (2) to take a particular kind of benefit does not make such an election before the end of the prescribed period, the contributor shall be taken to have elected to take the kind of benefit that STC decides to be the most appropriate in the circumstances of the case.(5) If a contributor elects under this section to take a particular kind of benefit under subsection (1) and would, but for subsection (6), be entitled to a benefit of that kind under 2 or more provisions of this Part, STC must calculate which of the benefits under those provisions would be the greater or greatest.(6) A contributor referred to in subsection (5) is entitled to receive only the greater or greatest of the benefits calculated under that subsection.(7) A contributor who is retrenched, resigns or is dismissed or discharged from the service of an employer is not entitled to elect under subsection (1) or (2) to take the benefit of Division 3A unless the contributor has completed 3 years’ continuous contributory service.(8) For the purposes of subsection (7), a contributor to whom that subsection applies shall be taken to have completed 3 years’ contributory service when:(a) a contributor has, for a continuous period of 3 years or more immediately preceding the retrenchment, been employed in the service of one or more employers, and(b) during the period of 3 years immediately preceding the retrenchment, the contributor has been a contributor under this Act or has been a contributor under this Act and a contributor to the Public Authorities Superannuation Fund.(9) For the purposes of subsection (7), the period of continuous contributory service by a contributor at the contributor’s exit day is:(a) subject to paragraph (b)—the period that commenced when the contributor last became a contributor to the Fund and ended on that exit day, or(b) if immediately before becoming a contributor to the Fund the contributor was a contributor to the Public Authorities Superannuation Fund—the period that commenced when the contributor last became a contributor to the Public Authorities Superannuation Fund and ended on that exit day,but excluding in either case any part of that period during which the contributor is treated by section 48 as being on leave of absence without pay.
38C Break in service may be cured on certain conditions
(1) In this section, a reference to the prescribed rate is a reference to the rate of interest for the time being fixed by STC under section 86A for the purposes of this section.(2) Where a person who ceases to be employed by an employer (otherwise than by retirement or retrenchment on pension under this Act) enters the service of the same or a different employer within the next succeeding period of three months and, within that same period of three months, would (but for section 1A) be required to contribute to the Fund, the person may, subject to subsection (8), elect to resume payment of the person’s contributions as if the person had not ceased to be employed if the person elects within three months after the person would (but for section 1A) be required to contribute to the Fund to comply, and upon the election taking effect does comply, with this section.(3) A person referred to in subsection (2) complies with this section if:(a) the person pays to the Fund any lump sum received by the person, or authorises the retention in the Fund of any lump sum payable to the person, under section 37, 37A, 38 or 38A in consequence of the cessation of the person’s employment together with, where the person has received any such amount, interest thereon at the prescribed rate from the date the amount was paid to the person to the date of receipt in the office of STC of the amount payable pursuant to this paragraph,(b) the person pays to the Fund the amount referred to in subsection (4), and(c) the person resumes payment to the Fund of the contributions that would, had the person continued in the employment of the person’s previous employer, have been payable by the person on and from the beginning of the four-weekly contribution period in which the person ceased to be employed.(4) The amount required to be paid under paragraph (b) of subsection (3) by a person who makes an election under this section is an amount equal to the sum of:(a) all the contributions that would have been payable:(i) by the person from the day following the day to which the person’s contributions were paid before cessation of the person’s former employment, and(ii) by the person’s employer from the beginning of the four-weekly contribution period in which the person ceased to be employed,had the person continued in the employment of the person’s former employer, at the same salary as that which the person was receiving immediately before cessation of the contributions the person was required to make by reason of the person’s former employment, until the beginning of the first contribution period in which the person’s employment resumes, and(b) interest at the prescribed rate on the amount of each contribution referred to in paragraph (a) from the termination of the four-weekly contribution period in respect of which it is required to be paid to the date of receipt of the contribution in the office of STC.(5) STC may, in special circumstances and in a particular case:(a) waive payment of interest under this section or any part thereof, or(b) permit payment over an extended period of any amount required to be paid pursuant to paragraph (a) or (b) of subsection (3).(6) Where a person who makes an election under this section was, immediately before cessation of the person’s employment, contributing for reserve units of pension under section 15A, the person may, when making an election under this section, make an election under subsection (6) of that section and, where the person so elects under that section, contributions in respect of the reserve units to which the election under that section relates shall not be taken into account when calculating any amount payable by that person under this section.(7) Part 3 applies to and in respect of a person who makes an election under this section and does not comply with this section, and so applies as if the person had not made the election.(8) Section 10B does not apply to a person who makes an election under this section, unless STC directs that that section shall apply to the person.(9) A person who ceases to be an employee and elects under section 38B to take the benefit of Division 3A may not, upon entering the service of an employer within the next succeeding period of 3 months, make an election under this section if, during that period, the person received any benefit under that Division.(10) Where a person who is deemed under subsection (11) not to have ceased to be an employee had, upon ceasing to be an employee, elected under section 38B to take the benefit of Division 3A:(a) the person shall be deemed not to have elected to take the benefit of Division 3A, and(b) no person has any rights in the Fund in relation to the employee-contributed pension component, or the employer-financed pension component, calculated in relation to the person.(11) A person who makes an election under, and complies with, this section shall, for the purposes of this Act, but subject to subsection (8), be deemed not to have ceased to be an employee or a contributor by reason of the cessation of employment that gave rise to the election.(12) If a person who is deemed under subsection (11) not to have ceased to be an employee had, on ceasing to be an employee, elected to take the benefit of section 37B:(a) the person is deemed not to have elected to take the benefit of that section, and(b) any lump sum amount payable by the employee to the Fund under that section ceases to be payable and, if it has already been paid to the Fund, is to be refunded to the employee.
39 Desertion of spouse or de facto partner or child
(1) Where any pensioner deserts his or her spouse or de facto partner, the spouse or de facto partner may from time to time apply to any Magistrate, and on proof of such desertion such Magistrate may order the payment during such period as the Magistrate thinks desirable of pension under section 31 as if the said pensioner were dead or of pension of such lesser amount as the Magistrate may determine, subject to the pension so ordered to be paid not exceeding the pension being paid to the pensioner at the time of the order. STC shall comply with any such order which has been served on it or of which written notice has been given to it.(2) Where any pensioner deserts any of the pensioner’s children who are dependent on the pensioner, the guardian of such children, or STC, may apply to any Magistrate, and on proof of such desertion such Magistrate may order the payment of pension under section 32D or 33 as if the said pensioner were dead subject to the pension so ordered to be paid not exceeding the pension payable to the pensioner at the time of the order. STC shall comply with any such order made on its application or with any such order made on the application of the guardian where the same has been served on it or where written notice thereof has been given to it.(3) Where a certificate has been granted under subsection (1) of section 45 of the Maintenance Act 1964, the person entitled to receive the money ordered to be paid by the order to which the certificate relates may, in lieu of filing the certificate or causing the same to be filed as provided in subsection (2) of that section, file the same or cause it to be filed with STC.Where the defendant named in such certificate is a contributor who has resigned or been dismissed or discharged from the service of an employer and who has not been paid the lump sum referred to in subsection (1) of section 38, or payable under section 38A, STC may pay to the person entitled as aforesaid out of such lump sum the amount specified in the certificate or so much as does not exceed such lump sum or the unpaid balance thereof.
(4)(a) Any payment to a deserted spouse or de facto partner or in respect of children under this section shall take effect from the date that notice of such order or certificate is received by STC.(b) Every payment made by STC pursuant to an order or certificate referred to in subsection (1), (2) or (3) shall be as valid as if made to the pensioner or contributor.
40 Male pensioner sentenced to imprisonment
(1) Where any male pensioner is in prison for any period in excess of one month:(a) his spouse or de facto partner may be paid during any such period of imprisonment pension for the spouse or de facto partner and in respect of any children of the pensioner or the spouse or de facto partner that would have been payable under sections 31 and 32D if the pensioner were dead, or(b) in any other case, pension may be paid in respect of any children of himself or his spouse or de facto partner in accordance with the provisions of section 33 as if the pensioner were dead.(2) Any amount payable to a spouse or de facto partner or in respect of children in accordance with paragraphs (a) and (b) of subsection (1) shall be deducted from any pension payable to the pensioner and the balance of such pension shall be paid to him or to such person including his spouse or de facto partner, or a person on behalf of his children, as STC determines.(3) Any payment made by STC under the authority of this section shall:(a) be as valid as if made by way of pension to the pensioner, and(b) not exceed the amount of pension which but for his imprisonment would have been payable to the pensioner.
41 Woman pensioner sentenced to imprisonment
(1) Where any woman pensioner is in prison for any period in excess of one month STC may suspend payment of pension during such period of imprisonment or may pay the pension or part thereof to such person as STC may determine on the pensioner’s behalf and any balance of such pension shall be paid to the pensioner.(2) Where any female spouse or de facto partner in receipt of a pension under section 30 or 31 is in prison for any period in excess of one month any pension payable to her in respect of children shall be payable in accordance with the provisions of section 33 as if she were dead.(3) Any pension payable in respect of children under subsection (2) shall be deducted from the pension payable to the female spouse or de facto partner and the pension payable in respect of her children and the balance, if any, of such pension shall be paid to her or to such person as STC may determine on her behalf.(4) Any payment made by STC under the authority of this section shall:(a) be as valid as if made by way of pension to the pensioner, and(b) not exceed the amount of pension which but for her imprisonment would have been payable to the pensioner.
42 Incapacity or absence of pensioner
(1) Subject to sections 39, 40 and 41 if because of a pensioner’s incapacity from any cause or because a pensioner cannot be found STC is of opinion that payment of a pension or other benefit under this Act should be made to a person other than the pensioner or other beneficiary and is satisfied that such payment will be used for the maintenance, care and support of the pensioner or beneficiary, or a person who is wholly or partly dependent on the pensioner or beneficiary, STC may make payment of the pension or part thereof to such other person during the period of absence or incapacity.(2) Any amount payable pursuant to subsection (1) shall be deducted from any pension or benefit payable to the pensioner or beneficiary.(3) Any payment made by STC under the authority of this section shall be as valid as if made by way of pension or benefit to the pensioner or beneficiary, as the case may be.
43 Payments in respect of children
(1) A pension payable under this Act in respect of a child shall be paid to the child’s mother, if living, or, if she is not living, to the child’s father, if living.(2) Notwithstanding anything elsewhere contained in this Act, any money payable out of the Fund under this Act in respect of a child may, at the discretion of STC, be paid to the child’s guardian or expended by STC for the benefit of the child.(3) Not more than one pension may be paid in respect of the one child during any one period and where, but for this subsection, pensions would be payable, in respect of the child, of the appropriate amount per fortnight under both section 61M and section 61N, the pension payable shall be that of the appropriate amount per fortnight under section 61N.(4) (Repealed)
43A Pensions in respect of students
(1) The provisions of this section shall have effect notwithstanding anything elsewhere in this Act contained.(2) In this section student means a person who, though having attained the age of eighteen years, is under the age of twenty-five years and is receiving full time education from a school, college or university approved by STC.(3) A pension under this section:(a) shall be payable in respect of a student if a pension would be payable in respect of such student were the student under the age of eighteen years, and(b) shall be payable to such persons as STC determines a pension would have been payable were such student under the age of eighteen years or shall be expended by STC towards the support or education of such student.(4) The amount of pension payable under this section shall be:(a) in the case of a student in respect of whom a pension would be payable under section 33 were the student under the age of eighteen years—the appropriate amount per fortnight under section 61N, or(b) in any other case—the appropriate amount per fortnight under section 61M.(5) A pension payable under this section shall be paid until the student attains the age of twenty-five years or ceases to be a student or dies whichever first occurs.(6) A pension shall not be paid to any person in respect of a student unless STC is satisfied that such pension is being used for or towards, or such person contributes towards, the support or education of such student.(7) For the purposes of this section STC may at any time require evidence of the age of the student, the education being received by the student, or the support or education of the student for or towards which the pension is being used, or being contributed to by any person to whom a pension under this section is payable.In default of the provision of such evidence or if in the opinion of STC the evidence provided is not satisfactory STC may refuse to pay such pension.
44 Pensions payable for a life
(1) Except where otherwise specifically provided, a pension shall be payable during the life of the person entitled thereto.(2) Pensions in respect of children shall be payable until they reach the age of eighteen years or die under that age.
45 Pensions payable fortnightly
Pensions shall be payable by equal fortnightly instalments.
46 Reduction of spouses’ or de facto partners’ pensions
Except where otherwise specifically provided, in any case where in this Act provision is made for the pension of any person to be determined by STC, any pension under this Act to the person’s spouse or de facto partner in respect of the spouse’s or de facto partner’s own life shall be two-thirds of the amount so determined, but not less than one unit.
46A Miscellaneous provisions as to spouses’ or de facto partners’ pensions
(1) In this section, spouse’s or de facto partner’s pension means a pension under section 30 or 31.(2) (Repealed)(3) Where, but for this subsection, a person would be entitled to more than one spouse’s or de facto partner’s pension, the person shall be entitled to only one of those pensions, being (where they are not equal) the greater or greatest of them.(4) A reference in:(a) section 30 (1) to the pension that would have been payable to a male contributor on his retirement,(b) section 30 (2) to the pension that would have been payable to a woman contributor on her retirement,(c) section 31 (1) to the pension payable to a spouse or de facto partner at the time of the spouse’s or de facto partner’s death, or(d) section 31 (2) to the pension payable to a spouse or de facto partner at the time of the spouse’s or de facto partner’s death,does not include a reference to a spouse’s or de facto partner’s pension.
46B Competing claims for spouses’ or de facto partners’ pensions
(1) This section applies to a pension under this Act which is payable to the spouse or de facto partner of a deceased person.(2) Where, but for this subsection, a pension to which this section applies would be payable to more than 1 person (because a deceased person has left more than 1 spouse or de facto partner):(a) the pension is payable in accordance with a determination made by STC, and not otherwise, and(b) the total amount of pension payable to those persons at any time shall not exceed the amount of a single pension.(3) For the purpose of subsection (2) (a), STC may determine in relation to a pension to which this section applies:(a) that the pension is not payable to such of the persons concerned as it specifies, or(b) that, subject to subsection (2) (b), the amount of the pension shall be apportioned between the persons concerned in such manner as it specifies.(4) STC may withhold the payment of any part of a pension to which this section applies by reason of the death of a person or, if any such pension is commuted, withhold the payment of any part of the amount commuted:(a) until the expiration of the period of 30 days after the death of the person, or(b) where application has been made for the pension by more than 1 person, until it is satisfied that only 1 of those persons is entitled to the pension or until a determination is made in relation to the matter by STC under this section.(5) Where, after the expiration of 30 days following the death of a person, a pension to which this section applies is paid in respect of any period to the spouse or de facto partner of the deceased person, a pension to which this section applies is not payable to any other spouse or de facto partner of the deceased person in respect of that period.(6) Where, after the expiration of 30 days following the death of a person, the whole or part of a pension to which this section applies is commuted by a spouse or de facto partner of the deceased person:(a) where the whole of the pension is commuted—a pension to which this section applies is not payable to any other spouse or de facto partner of the deceased person, or(b) where part of the pension is commuted—so much of a pension to which this section applies as is equal to the amount of the pension so commuted is not payable to any other spouse or de facto partner of the deceased person.(7) For the purposes of subsections (5) and (6), an amount paid in good faith by STC to a person purporting to be the spouse or de facto partner of a deceased person shall be deemed to have been paid to such a spouse or de facto partner.(8) Where, after the expiration of 30 days following the death of a person, any amount is paid under this Act to the person’s personal representatives or to such other persons as STC may determine, any pension to which this section applies which is payable to the spouse or de facto partner of the deceased person shall be reduced, in the prescribed manner, by the amount so paid.(9) For the purposes of subsection (8), the prescribed manner of reducing a benefit to which this section applies by a particular amount is:(a) the manner prescribed by the regulations, or(b) where no manner is prescribed by the regulations, such manner as STC determines.
47 Pensions for certain spouses or de facto partners and their children
(1) Pension shall not, upon the death of a pensioner, be payable to a person who is the spouse or de facto partner of the deceased or in respect of any children of the spouse or de facto partner who are not children of the pensioner unless:(a) in the case of the spouse or de facto partner of a pensioner receiving a pension under section 29, the person was the pensioner’s spouse or de facto partner:(i) before becoming entitled to that pension, or(ii) before the pensioner attained the maturity age and more than 3 years before the death of the pensioner, or(b) in any other case, the person was the pensioner’s spouse or de facto partner before becoming entitled to a pension under this Act,and unless the person remained the pensioner’s spouse or de facto partner until the date of death.(2) Despite subsection (1), a pension is payable under section 31, on the death of a pensioner on or after the commencement of this subsection, to the spouse or de facto partner of the deceased pensioner if the spouse or de facto partner:(a) became such a spouse or de facto partner after the deceased pensioner became entitled to a pension under this Act, and(b) has or had in his or her marriage or relationship with the deceased pensioner a child, being:(i) a child of the spouse or de facto partner and the deceased pensioner who was, in the opinion of the trustees, wholly or substantially dependent on the deceased pensioner at any time during the marriage or relationship, or(ii) a child of the deceased pensioner who was conceived before and born alive after the death of the pensioner, and(c) had been married to, or living in the relationship with, the pensioner for 3 years or more immediately before the death of the pensioner.(3) Despite subsection (1), a pension reduced on a pro rata basis according to the proportion that the period of the marriage or relationship bears to 3 years is payable under section 31, on the death of a pensioner, to the spouse or de facto partner of the deceased pensioner if the spouse or de facto partner:(a) satisfies the requirements of subsection (2) (a) and (b), and(b) had been married to, or living in the relationship with, the pensioner for less than 3 years immediately before the death of the pensioner.Note. Section 31 provides for the rate of pension to be paid to the spouse or de facto partner on the death of a pensioner.
47B Employer subsidy not to be of greater benefit if service not continuous
(1) In this section withdrawal benefit means:(a) a benefit payable in accordance with section 38A (3) or (4), or(b) any other benefit payable to or in respect of a person on cessation of the person’s employment otherwise than by reason of the person’s death, where the benefit is wholly or partly payable pursuant to or from a retirement scheme, fund or arrangement to or in respect of which an employer or a public or local authority constituted by an Act makes, or is liable to make, a payment in respect of a person employed by the employer or authority.(2) Where a withdrawal benefit is paid, or is or will become payable, to a person and the person subsequently contributes to the Fund without complying with section 38C, any benefit (other than a benefit payable pursuant to section 38 or a benefit referred to in paragraph (a) of subsection (1)) payable in respect of that person shall be reduced in a manner determined by STC having regard to the amount of any withdrawal benefit previously paid to the person.
Division 2A Reduced value units
47C Allocation of reduced value units
(1) Where:(a) a contributor or a contributor’s spouse or de facto partner is entitled to a pension under this Act consequent on the contributor’s ceasing to be a contributor, or(b) (Repealed)(c) a contributor elects to take the benefit of section 37,and the contributor has a number of abandoned units at the contributor’s exit day, STC shall (whether or not the contributor has died) allocate to the contributor one (and one only) reduced value unit in substitution for each of the number of abandoned units that the contributor has at the contributor’s exit day.(1A) This section does not apply to:(a) a person who is entitled to a pension under section 28AA or to a pension under Division 3A, or(b) a person who is retrenched from the service of an employer and who is to receive or is receiving a pension under section 37A.(1B) (Repealed)(2) The reduced value units allocated to a contributor under this section shall be deemed to have been held by the contributor at the contributor’s exit day.(3) Where:(a) a person referred to in subsection (1) has made an election to take up an abandoned unit under section 10Y or 10Z,(b) the unit has not been held as a contributory unit for at least 2 years and 6 months, and(c) the contributor’s exit day is before the last day of the contribution period preceding that in which the contributor would attain the maturity age,STC may treat the unit as not having been taken up as a contributory unit, and, if STC does so, the contributions paid to the Fund by the contributor concerned or the contributor’s spouse or de facto partner in respect of the unit shall be refunded.(4) For the purposes of this section, where an election is made under section 10R to abandon a unit of pension, the unit shall be deemed to be an abandoned unit that the contributor concerned had at the contributor’s exit day.(5) For the purposes of this section, where an election is made under section 23BA in respect of one or more additional units of pension, the unit or units shall be deemed to have been held by the contributor concerned at the contributor’s exit day.(6) For the purposes of sections 37 (4) and 47D (3), a contributor to whom reduced value units are allocated under this section shall, as at the contributor’s exit day, be deemed to have held at any time one (and one only) reduced value unit for each of the number of abandoned units that the contributor had at that time, but so that:(a) the number of reduced value units that the contributor would, but for this paragraph, be so deemed to have held before that time does not exceed the number that the contributor is so deemed to have held at that time, and(b) the number of reduced value units that the contributor would, but for this paragraph, be so deemed to have held at that time does not exceed the number that the contributor is allocated at the contributor’s exit day.(7) Where the number of reduced value units to be allocated to a contributor is smaller than the number of abandoned units that the contributor has at the contributor’s exit day, STC shall, for the purposes of subsection (6), have regard to such of those abandoned units as the contributor has had the longest.(8) This section does not apply to:(a) a person to the extent to which the person or the person’s spouse or de facto partner satisfies STC that the allocation of reduced value units would prejudicially affect the person or the person’s spouse’s or de facto partner’s interests, or(b) a person whose exit day is before 13 January 1977.
47D Benefits payable in respect of reduced value units
(1) Subject to this section, pensions are payable in respect of reduced value units as if they were contributory units.(2) Notwithstanding anything in this or any other Act, but subject to this section, the sum of $3.30 per fortnight shall, in respect of reduced value units, be the unit of pension.(3) Where a pension becomes payable under section 28A to a contributor:(a) the fortnightly pension, payable to the contributor in respect of a reduced value unit that is allocated to the contributor and that the contributor is deemed by section 47C (6) to have held for not less than 2 years and 6 months, shall be the amount that bears to $3.30 the same proportion as the fortnightly pension that would be payable in respect of that unit had it been a contributory unit bears to $5.50, and(b) pension is not payable to the contributor in respect of a reduced value unit that is allocated to the contributor and that the contributor is deemed by section 47C (6) to have held for less than 2 years and 6 months.(4) Where a pension becomes payable under section 29 (2) in respect of contributory units for which a contributor has contributed, the fortnightly pension payable in respect of each of the contributor’s reduced value units shall be the amount that bears to $3.30 the same proportion as the fortnightly pension payable in respect of each of those contributory units bears to $5.50.(5), (6) (Repealed)(7) The pension payable in respect of reduced value units is subject to automatic adjustment in accordance with Division 6.(8) If STC has made a determination under section 61RA in relation to a pension payable in respect of reduced value units, the amount of the pension is reduced by the amount specified in STC’s determination.
47E No employee contributions payable
No contributions to the Fund are payable by a contributor in respect of a reduced value unit.
Division 3 Breakdown pensioners—special provisions re
48 Breakdown pensioner held to be on leave
Any pensioner who is in receipt of a “breakdown” pension, shall for the purposes of this Act be held to be on leave of absence without pay, but shall not be required to contribute in respect of the period of such leave. Notwithstanding the fact that the pensioner is held to be on leave of absence, the pensioner’s office or position shall be held to be vacant, and may be filled by the appointment thereto of some other person.
The period of such leave without pay in the case of a “breakdown” pensioner shall not count as service; but it shall not, except for the purposes of sections 28AA, 28B, 37A, 38A and 52A, in the event of the pensioner’s re-employment under any employer, be held to constitute a break in the continuity of the pensioner’s service.
50 Employee retired through infirmity may be called up for medical examination
Any such pensioner shall submit himself or herself for medical examination by one or more persons or bodies nominated, or one or more persons who are members of a class of persons nominated, by STC, as and when required by STC, and if the pensioner make default in complying with such requirement, pension shall cease to be payable to the pensioner during such default.
51 Employee restored to health may be recalled to service
(1) If, in the opinion of STC, the health of any pensioner retired as aforesaid has become so restored as to enable the pensioner to perform duties which, having regard to the duties performed by the pensioner immediately prior to the pensioner’s retirement, are in the opinion of STC suitable to be performed by such pensioner, STC may communicate with the employer from whose service the pensioner was retired, or any other employer under this Act, and, if suitable employment be found for such pensioner, at a salary not less than two-thirds of the salary of a person who is employed in a position which is, in the opinion of STC, a corresponding position to that in which the pensioner was employed immediately before the pensioner’s retirement, or at such salary as may be agreed upon between the pensioner and the pensioner’s employer, may cancel the pension; thereupon the pension shall cease to be payable.(2) In the event of the subsequent retirement on grounds of invalidity or physical or mental incapacity to perform the person’s duties or of the death of a person who has been recalled to the service in accordance with subsection (1):(a) pension shall, where such retirement or death occurred five years or more after the recall of such person, be paid as provided in this Act but such pension shall not be less than the amount of pension at which the person was previously retired,(b) pension shall not, where such retirement or death occurred less than five years after the recall of such person, be paid in respect of the number of units of pension in excess of the number for which the person was contributing at the time when the person was previously retired but in such case pension shall not be less than the amount of pension at which the person was previously retired and a lump sum, equal to the contribution paid by the person in respect of the number of units of pension in excess of the number in respect of which pension is payable as aforesaid, shall be payable.(3) Notwithstanding anything in this Act, but except as prescribed:(a) where a person is retired under section 22 within five years of again becoming a contributor following a previous retirement under that section, then, as on and from the date (being not earlier than the commencement of this subsection) on which pension thereafter first becomes payable to the person, the rate at which it is payable shall be that at which it would have been payable to the person had the person continued in the person’s last retirement (disregarding any retirement of that person to which subsection (2) (b) applied) instead of again becoming a contributor and had the provisions referred to in the definition of suspended part of a pension in section 61B (1) not been enacted, and(b) where a contributor dies within five years of having again become a contributor following a previous retirement under section 22, then, as on and from the date (being not earlier than the commencement of this subsection) on which pension thereafter first becomes payable to the contributor’s spouse or de facto partner, the rate at which it is payable shall be that at which it would have been payable to the contributor’s spouse or de facto partner had the contributor:(i) where the contributor has been retired under section 22 once only—continued in that retirement instead of the contributor’s again becoming a contributor, or(ii) where the contributor has been so retired more than once—continued in the contributor’s last retirement (disregarding any retirement of the contributor’s to which subsection (2) (b) applied) instead of again becoming a contributor,and had the provisions referred to in the definition of suspended part of a pension in section 61B (1) not been enacted.(4) Without affecting the operation of subsection (3), Part 2 of the Superannuation (Amendment) Act 1974, does not apply to a pension referred to in subsection (3).
51A Division not applicable to lifetime pensions
This Division does not apply if STC determines that a “breakdown” pension is to be paid to a person for the remainder of the person’s life under section 29 (5) or 52E (4A).
52 Governor may prescribe different provisions
The Governor may, on the recommendation of STC at any time, by regulation, prescribe, in respect of contributors suffering from invalidity or physical or mental incapacity to perform their duties any or all of the following:(a) Conditions of retirement.(b) Pensions or other benefits.(c) Provisions for cancellation of pensions or other benefits.(d) Conditions of compulsory re-employment.
Division 3A Voluntarily deferred benefits
52A Calculation of preserved pension components
(1) Where a person who is retrenched or resigns or is dismissed or discharged from the service of an employer elects to take the benefit of this Division, there shall be calculated, as at the person’s exit day, the employee-contributed pension component, and the employer-financed pension component, in relation to the person.(2) For the purposes of subsection (1), the employee-contributed pension component in relation to a person shall be calculated in accordance with the following formula:
where:P1 is the employee-contributed pension component.
EPU is the sum of the following:
(a),
(b),
(c) UC.UHn is the number of units of pension for which contributions were payable by the person on the person’s exit day in accordance with the tables of contributions fixed by or under this Act, but excluding:
(a) any such units of pension which are excess units of pension referred to in section 10W (1) and in respect of which no person has any rights in the Fund, and(b) any such units of pension, being reserve units, for which contributions were being made under section 15A.Cn is the amount of contributions due for the last contribution period for which contributions were payable by the person before the person’s exit day, in respect of that number of units of pension.
Rn is the relevant amount under subsection (4) in relation to the person for an additional unit of pension on the person’s exit day.
TCB is the total amount paid in respect of instalments payable by the person on or before the person’s exit day for units of pension for which the person contributed in accordance with Division 6 of Part 3 (but deducting therefrom any part of that amount allocated under this Act to the purchase of fully paid up units).
RB is the amount specified in section 10AG (1) as the cost of a unit of pension in relation to the person.
UC is the number of units (if any) purchased by the person and credited to the person as fully paid up units under section 20C or otherwise.
(3) For the purposes of subsection (1), the employer-financed pension component in relation to a person shall be calculated in accordance with the following formula:
where:P2 is the employer-financed pension component.
UE is the number of units of pension that, pursuant to section 12 (1), is appropriate to the salary payable to the person on the person’s exit day plus, in a case to which section 10W applies, the number of any excess units of pension referred to in section 10W (1) and in respect of which STC considers, in accordance with section 10W (5), that the retention of entitlement to benefits under this Act is warranted.
S is the number of years (including any fractional part of a year calculated on a daily basis) of continuous contributory service by the person with any one or more employers.
T is the number of years, if any, (including any fractional part of a year calculated on a daily basis) by which the person’s exit day precedes:
(a) the date on which the person attains the maturity age, or(b) where any employment which, on the person’s exit day, the person is entitled to count as service for the purposes of section 21 is, in total, for less than a period of 10 years—the expiration of the balance of that period of 10 years,whichever is the later.(4) For the purposes of subsection (2), the relevant amount in relation to a person for an additional unit of pension on the person’s exit day is:(a) where the person has attained the prescribed age on or before that day, the amount which, if the person were required under Division 5 of Part 3 to commence to contribute for an additional unit of pension on that day, would be the amount payable in accordance with the tables of contributions fixed under section 10AD for that unit for a contribution period, or(b) where the person has not attained the prescribed age on or before that day, the amount equal to the sum of:(i) the amount payable by the person for any additional unit of pension for which the person had been required to commence contributing on and from the person’s last annual adjustment day for a contribution period or, as the case may be, the amount that would have been so payable if the person had been so required, and(ii) for each day of the period commencing on the day following that annual adjustment day and ending on the person’s exit day, the amount equal to 1/364th part of the difference between the amount referred to in subparagraph (i) and the amount which that amount would have been if, on that annual adjustment day, the person had been 1 year older than the age actually attained.(5) For the purposes of subsection (3), the period of continuous contributory service by a person on the person’s exit day is the period that commenced when the person last became a contributor and ended on that day (but excluding any part of that period during which the person is treated by section 48 as being on leave of absence without pay).(6) If STC has made a determination under section 61RA in respect of a pension payable under this Division, the amount of the pension is reduced by the amount specified in STC’s determination.
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52B Adjustment of pension components
(1) Expressions used in this section have the same meanings as they have in Division 6.(2) Where:(a) the employer-financed pension component in relation to a person is calculated under this Division as at the person’s exit day,(b) pensions are adjusted under Division 6 by a percentage for a year commencing after the exit day, and(c) no benefit became payable under this Division during that year to, or by virtue of the death of, the person,the component, as so calculated and as previously adjusted under this section, is, as from the adjustment date for that year, adjusted by that percentage.(3) Where:(a) the employer-financed pension component in relation to a person is calculated under this Division as at the person’s exit day,(b) pensions are adjusted under Division 6 by a percentage for a year commencing on or before the exit day and ending after the exit day, and(c) no benefit became payable under this Division during that year to, or by virtue of the death of, the person,the component, as so calculated, is, as from the adjustment date for that year, adjusted by the percentage calculated in accordance with the following formula:
where:A is the percentage by which the component is to be adjusted.
P is the percentage for the year by which pensions are adjusted.
Q is the number of whole quarters of the year, being the whole quarters after the exit day.
(4) Where:(a) a pension under this Division, or a pension that is calculated by reference to a pension that is payable under this Division, has become payable to or in respect of a person referred to in section 52A, and(b) pensions are adjusted under Division 6 by a percentage for a year beginning before and ending after the date on which that pension became so payable,the pension, as from the adjustment date for that year, is, in addition to any adjustment of the pension under Division 6, adjusted by the amount calculated in accordance with the following formula:
where:A represents the amount of the pension as adjusted.
C2 represents:
(a) in the case of a pension payable under section 52C or 52E to a person—the amount of the employer-financed pension component calculated in relation to the person and as adjusted by the operation (if any) of this section before the pension became payable, or(b) in the case of a pension payable under section 52D to a person—the amount obtained in relation to the person from the calculation, under that section, of the formula, or
(c) in the case of a pension payable under this Division to the spouse or de facto partner of a person referred to in section 52A (1)—an amount equal to two-thirds of the amount of the employer-financed pension component calculated in relation to that person and as adjusted by the operation (if any) of this section before the pension became payable, or(d) in the case of a pension of a spouse or de facto partner that is calculated by reference to a pension that was payable to a person under this Division—an amount equal to two-thirds of the amount referred to in paragraph (a) or (b), as the case may be, in relation to that person.P represents the percentage for the year by which pensions are adjusted.
Q represents the number derived by adding together the following:
(a) except when paragraph (b) applies—“1” (representing the quarter of the year during which the pension became payable),(b) if the pension became payable on the first day of a quarter, “0”,(c) the smaller of:(i) the number of whole quarters in that year that have occurred before the day on which the pension became payable, and(ii) the number of whole quarters that have occurred since the exit day of the person to or in respect of whom the pension is payable and before the day on which the pension became payable.
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(1) A person referred to in section 52A (1) who has not received any other benefit under this Division and who applies to STC to receive a pension under this section is entitled to receive that pension:(a) on the person’s attaining the maturity age,(b) where any employment which, on the person’s ceasing to be a contributor, the person was entitled to count as service for the purposes of section 21 was, in total, for less than a period of 10 years—on the expiration of such time after the person ceased to be a contributor as is equivalent to the balance of that period, or(c) on receipt by STC of the application,whichever is the latest.(1A) The pension provided by this section is not payable under subsection (1) to a person who elected to provide for the benefit under section 20AB unless the requirements of section 20AB (5) (d) are satisfied.(2) The pension which a person is entitled to receive under this section is a pension of an amount per fortnight equivalent to the sum of:(a) the employee-contributed pension component calculated in relation to the person, and(b) the employer-financed pension component calculated in relation to the person and as adjusted by the operation (if any) of section 52B.(3) This Act applies to and in respect of a person who is entitled to a pension under this section in the same way as it applies to and in respect of a contributor who is entitled to a pension under section 27 and so applies as if the pension payable under this section were a pension payable under that section.
52D Pensions at early retirement age
(1) A person referred to in section 52A (1) who has not received any other benefit under this Division and who applies to STC to receive a pension under this section is entitled to receive that pension:(a) on the person’s attaining the age of 55 years,(b) on the expiration of the period of ten years after the person last became a contributor, or(c) on receipt by STC of the application,whichever is the latest.(1A) The pension provided by this section is not payable under subsection (1) to a person who elected to provide for the benefit under section 20AB unless the requirements of section 20AB (5) (d) are satisfied.(2) The pension which a person is entitled to receive under this section is a pension of an amount per fortnight calculated in accordance with the following formula:
where:TP is the amount of the pension.
P1 is the employee-contributed pension component calculated in relation to the person.
P2 is the employer-financed pension component calculated in relation to the person and as adjusted by the operation (if any) of section 52B.
TM is the number of years, if any, (including any fractional part of a year calculated on a daily basis) by which the day from which the pension commences to be payable precedes the date on which the person attains the age of 60 years.
(3) This Act applies to and in respect of a person who is entitled to a pension under this section in the same way as it applies to and in respect of a contributor who is entitled to a pension under section 28A and so applies as if the pension payable under this section were a pension payable under that section.
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(1) A person referred to in section 52A (1) who has not received any other benefit under this Division and who applies to STC to receive a pension under this section is entitled to receive that pension:(a) on receipt by STC of the application, or(b) on STC’s being satisfied, after taking into account any medical opinion that it considers to be relevant, that the person is physically or mentally incapable of performing the duties of any employment that, in the opinion of STC, it would be reasonable for the person to undertake,whichever is the later.(1A) (Repealed)(2) The pension which a person is entitled to receive under this section is a pension of an amount per fortnight equivalent to the sum of:(a) the employee-contributed pension component calculated in relation to the person, and(b) the employer-financed pension component calculated in relation to the person and as adjusted by the operation (if any) of section 52B.(3) A person to whom this section applies shall be granted payment of pension only for such period at a time as STC determines and a fresh application shall, unless STC from time to time otherwise determines, be necessary before any further payment is made.(4) The period determined by STC as referred to in subsection (3) for the payment of pension to a person:(a) if the person has not attained the maturity age, shall be such period (not exceeding 5 years) as STC thinks fit, having regard to the state of health of the person, and(b) if the person has attained the maturity age—may be for the remainder of the person’s life.(4A) Despite subsection (4), STC may determine that the period for payment of a pension to a person to whom this section applies or a person who is being paid a pension under this section, and who has attained the age of 55 years, is to be for the remainder of the person’s life.(4B) STC may not make a determination under subsection (4A), except at the election of the person concerned.(4C) Subsections (5)–(7) do not apply to a person the subject of a determination under subsection (4A).(5) A person receiving a pension under this section shall submit to a medical examination as and when required by STC and, if the person defaults in complying with any such requirement, pension shall cease to be payable to the person during the default.(6) A pension payable under this section shall cease to be payable to a person on STC’s ceasing to be satisfied as referred to in subsection (1) (b) in relation to the person.(7) Where a pension under this section ceases to be payable to a person, the person shall, for the purposes of this Division, be deemed not to have received a benefit under this Division.(8) Except as provided by this section, this Act applies to and in respect of a person who is entitled to a pension under this section in the same way as it applies to and in respect of a person entitled to a pension under section 29 and so applies as if the pension payable under this section were a pension payable under that section.
(1) STC may grant an interim pension to a person who has attained the age of 55 years and who, on application, would be entitled to a pension under section 52D, pending the determination of an application under section 52E.(2) The pension which STC may grant is a pension equal to the early retirement pension to which the person would be entitled on application under section 52D.(3) This Act applies to and in respect of a person granted a pension under this section in the same way as it applies to a person entitled to a pension under section 28A and so applies as if a pension payable under this section were a pension payable under that section.(4) If an interim pension is granted, the amount of any pension payable to a person under section 52E is to be reduced by the amount of any interim pension paid.(5) Despite section 52E (1), the grant of an interim pension under this section does not make a person ineligible for a pension under section 52E or affect any other right of a person granted a pension under that section.(6) However, a person who commutes an interim pension before the determination of an application under section 52E is not entitled to a pension under section 52E.
52F Pensions for spouses or de facto partners
(1) Where a person referred to in section 52A (1) who has not received a benefit under this Division dies, the spouse or de facto partner of the person is entitled to receive a pension under this section on receipt by STC of an application by the spouse or de facto partner for that pension.(2) The pension which a spouse or de facto partner of a person is entitled to receive under this section is a pension at the rate of two-thirds of the pension that would have been payable to the person had the person been entitled to pension under section 52E immediately before dying.(3) This Act applies to and in respect of a spouse or de facto partner who is entitled to receive a pension under this section in the same way as it applies to and in respect of a spouse or de facto partner of a contributor, being a spouse or de facto partner to whom pension is payable under this Act, and so applies as if the pension payable under this section were a pension payable under section 30 by virtue of the death of a contributor.
52FA Children’s pensions at sec 61M rates
(1) A pension of the appropriate amount per fortnight under section 61M is payable in respect of a child on the death of a person referred to in section 52A (1) (the former employee) who has not received a benefit under this Division if the conditions set out in subsections (2) and (3) are satisfied.(2) The child must be a child of the former employee or a child of a surviving spouse or de facto partner of the former employee who is not eligible to receive a pension under section 52G.(3) If the child is not a child of the former employee, the child:(a) must have been born or adopted before the death of the former employee, and(b) must have been ordinarily part of the former employee’s household at the time of the death of the former employee.(4) A pension under this section ceases to be payable in respect of a child if the surviving parent dies, but continues to be payable even though the surviving parent marries or remarries.(5) This Act applies to and in respect of a child in respect of whom a pension is payable under this section in the same way as it applies to and in respect of a child in respect of whom a pension is payable under Division 2, and so applies as if the pension payable under this section were a pension payable under Division 2 by virtue of the death of a contributor.
(1) A pension of the appropriate amount per fortnight under section 61N is payable in respect of a child on the death of a person referred to in section 52A (1) (the former employee) who has not received a benefit under this section if the conditions set out in subsections (2)–(3A) are satisfied.(2) The child must be a child of the former employee or a child of a spouse or de facto partner of the former employee.(3) The other parent of the child or the spouse or de facto partner of the former employee who was a parent of the child:(a) must have died before the former employee’s death, or(b) must have been divorced from the former employee, or(c) must have been in a registered relationship or interstate registered relationship, within the meaning of the Relationships Register Act 2010, or a de facto relationship, with the former employee that ended before the former employee’s death.(3A) If the child is not a child of the former employee:(a) in a case where the spouse or de facto partner who is the parent of the child is divorced from or the former de facto partner of the former employee, the child must have been born or adopted before the divorce or end of the relationship, and(b) in any case, the child must have been ordinarily part of the former employee’s household at the time of the death of the spouse or de facto partner, divorce or end of the relationship.(4) Where a pension ceases to be payable under section 52FA in respect of a child because the surviving parent dies, a pension of the appropriate amount per fortnight under section 61N is payable in respect of the child.(5) This Act applies to and in respect of a child in respect of whom a pension is payable under this section in the same way as it applies to and in respect of a child in respect of whom a pension is payable under Division 2, and so applies as if the pension payable under this section were a pension payable under Division 2 by virtue of the death of a contributor.(6) In this section:spouse or de facto partner includes a person previously married to the former employee or a former de facto partner.
(1) In this section, student has the same meaning as it has in section 43A.(2) Where a person referred to in section 52A (1) who has not received a benefit under this Division dies, a pension under this section:(a) is payable in respect of a student if a pension would be payable in respect of the student were the person a contributor and the student under the age of 18 years, on receipt by STC of an application for that pension, and(b) is payable to such persons as STC determines a pension would have been payable were the student under the age of 18 years or shall be expended by STC towards the support or education of the student.(3) The amount of pension payable under this section shall be:(a) in the case of a student in respect of whom the pension referred to in subsection (2) (a) is a pension payable under section 33—the appropriate amount per fortnight under section 61N, or(b) in any other case—the appropriate amount per fortnight under section 61M.(4) For the purposes of section 43A (1), (5), (6) and (7), a pension payable under this section shall be deemed to be a pension payable under section 43A.(5) This Act applies to and in respect of a student in respect of whom a pension is payable under this section in the same way as it applies to and in respect of a student in respect of whom a pension is payable under section 43A, and so applies as if the pension payable under this section were a pension payable under that section by virtue of the death of a contributor.
(1) A person referred to in section 52A (1) who has not received any other benefit under this Division may, at any time, apply to STC for a cash termination benefit under this section.(2) On receipt by STC of an application made by a person in accordance with subsection (1), there shall be payable to the person:(a) if the person was retrenched from the service of an employer—the lump sum payment to which the person would have been entitled under section 38B in consequence of the retrenchment if the person had elected under that section to take a lump sum benefit, or(b) if the person resigned or was dismissed or discharged from the service of an employer—the lump sum payment to which the person would have been entitled under section 38A in consequence of the resignation, dismissal or discharge.(2A) STC is to adjust the amount of a benefit payable under this section, having regard to any adjustment of a contributor’s account under section 8.(3) An application made in accordance with subsection (1) shall be deemed to be revoked if the person dies before payment of the cash termination benefit applied for, leaving a spouse or de facto partner to whom, but for the payment of that benefit, a pension would, on application, be payable under this Act.(4) Where a person referred to in section 52A (1) dies without having received a benefit under this Division and without leaving a spouse or de facto partner (or leaving a spouse or de facto partner who dies without having received a benefit under this Division), the person shall, unless the person leaves a child or children in respect of whom pension is payable under this Act or would, but for this section, be so payable, if application is made to STC for a benefit under this section, be deemed to have applied for a cash termination benefit under subsection (1) immediately before the death, and the money payable under subsection (2) shall be paid by STC to the person’s personal representatives or, where the person has no personal representatives, to such persons as STC may determine.(5) Where a person referred to in section 52A (1) dies without having received a benefit under this Division leaving a child or children in respect of whom pension is, on application, payable under this Act or would, but for this section, be so payable, STC may, on receipt by it of an application for a benefit under this section, or section 52FA or 52G:(a) pay the cash termination benefit under this section as if the person had not died leaving the child or children, in which case a pension or pensions shall not be payable under this Act in respect of the child or children, or(b) pay a pension or pensions in respect of the child or children as if this section had not been enacted,whichever STC considers to be in the best interests of the child or children.
52IA Effect of contributor becoming a contributor to another scheme while employed by the same employer
(1) A contributor (other than a contributor who is an executive officer) who becomes a contributor to another superannuation scheme while employed by the same employer:(a) is required to make provision for a benefit provided by this Division (section 52I excepted) despite anything to the contrary in this Division, and(b) shall be regarded as having elected to make provision for that benefit on becoming a contributor to that other superannuation scheme, and(c) is not entitled to elect to take the benefit provided by section 52I while employed by that same employer.(2) Subsection (1) does not apply to an employee for whom additional pre-tax employer contributions are made to another superannuation scheme.
Division 3B Deferral of benefit for contributors aged 55 years and over in certain circumstances
(1) This Division applies to a person who is a contributor:(a) who is of or above the age of 55 years, and(b) who, as a result of a single reduction of salary, has undergone a reduction of 20% or more in salary after reaching that age, and(c) whose employer certifies the matters referred to in paragraphs (a) and (b).(2) The fact that a person undergoes more than one salary reduction of 20% or more does not mean that the person ceases to be a person to whom this Division applies.
In this Division, exit day, in relation to an employee to whom this Division applies, means the day immediately preceding the day of the reduction in salary in relation to which the employee makes an election under section 52N.
52N Election to defer or preserve a benefit
(1) A person to whom this Division applies may elect:(a) if the person would have been entitled to be paid a benefit under section 21 (1) or 21 (1B) had he or she ceased employment on his or her exit day—to defer that benefit (in this Division termed a deferred benefit) in accordance with this Division, or(b) in any other case—to preserve a benefit provided for by Division 3A which benefit is to be dealt with in accordance with that Division.(2) When a person has made a valid election under subsection (1) (b), a benefit is not payable to, or in respect of, that person:(a) under any other provision of this Act, and(b) unless that person has ceased employment or has died.(3) An employee may make only one election under this section but the election may relate to any single reduction in salary of 20% or more that occurs after the employee reaches 55 years of age (not just the first reduction that occurs).
52O Date of deferral or preservation of benefit
A benefit referred to in this Division is deferred or preserved from the exit day.
52P Calculation of value of deferred benefit
The initial value of a deferred benefit is to be calculated in accordance with Division 2 as if the person had retired and may be adjusted or reduced in the same way as any other benefit payable to a person on retirement.
52Q Election to commute deferred benefit
(1) A person who has made a valid election under section 52N (1) (a) may elect to commute the whole or part of his or her pension benefit in accordance with sections 21C and 21D, except that:(a) sections 21C (5) and (6) and 21D (4) do not apply with respect to such an election, and(b) the election must be made by the person within 3 months after his or her exit day.(2) A person may not amend or withdraw an election to commute, in whole or in part, a deferred benefit made under this Division.
52R Adjustment of deferred benefit
A deferred benefit is to be adjusted:(a) as to the pension component of the benefit—in accordance with Division 6, and(b) as to the commuted component of the benefit—in accordance with section 8.
52S When deferred benefit is payable
A deferred benefit is to be paid on the happening of any of the following:(a) the person in respect of whom a benefit is payable applying for payment of the benefit following resignation, retirement or any other cessation of employment,(b) the death of the person in respect of whom a benefit is payable.
52T Payment of deferred benefit
(1) A deferred benefit is to be paid in accordance with this section.(2) In a case other than death of the person to whom this Division applies, payment is to be made to the person of the deferred pension, if any, and the deferred commuted component, if any, adjusted in accordance with this Division.(3) If the person to whom this Division applies dies and is survived by a spouse or de facto partner, payment is to be made to the spouse or de facto partner of:(a) a fortnightly pension at the rate of two-thirds of the pension, as adjusted, which would have been payable to the person, on the day immediately preceding the day of the person’s death, if no election to commute any part of the person’s benefit had been made, and(b) where applicable, the deferred commuted component, as adjusted, which would have been payable to the person had the person retired on the day immediately preceding the day of the person’s death, and(c) amounts in accordance with this Act in respect of any eligible children.(4) If the person to whom this Division applies dies and is not survived by a spouse or de facto partner, payment is to be made:(a) to the estate of the deceased of:(i) where applicable, the deferred commuted amount, as adjusted, or(ii) an amount calculated in accordance with section 38A which would have been payable to the person on the day immediately preceding the day of the person’s death,whichever is the greater, and(b) of amounts in accordance with this Act in respect of any eligible children.
When a benefit is deferred in accordance with this Division, section 33B applies.
When a benefit is deferred in accordance with this Division, section 38C does not apply.
Division 3C Age termination benefits
52W Benefit on attaining 65 or 70
(1) An employee who attains the age of 70 years must be paid any pension to which the employee would be entitled on retirement at that age but:(a) may elect under section 21C to commute to a lump sum all or part of the pension, and(b) if such an election is made, may also elect to preserve the whole of the lump sum in the Fund.(2) (Repealed)(2A) An employee may elect at any time on or after attaining 65 years and before attaining 70 years to be paid any pension to which the employee is entitled at the time but:(a) may elect under section 21C to commute to a lump sum all or part of the pension, and(b) if such an election is made, may also elect to preserve the whole of the lump sum in the Fund,even though the employee is not retired.(3) STC is to adjust the amount of a benefit payable under this section, having regard to any adjustment of a contributor’s account under section 8.(4) A benefit provided under subsection (1) (b) is to be paid out by STC on application by the person to whom it is payable under subsection (5).(5) A benefit under subsection (1) (b) is payable:(a) if the former contributor has not died—to the former contributor, or(b) if the former contributor has died and is survived by a spouse or de facto partner—to the former contributor’s spouse or de facto partner, or(c) if the former contributor has died and is not survived by a spouse or de facto partner:(i) to the former contributor’s personal representatives, or(ii) if section 88A (Payment without grant of probate etc) applies and STC has made a decision under section 88A (1)—in accordance with section 88A (2).(6) A person entitled or who has elected to be paid to a benefit under this section is not entitled to any other benefit under this Act.
52X Compulsory payment of preserved or other benefit
(1) This section applies to a person who is entitled to, but has not been paid, a benefit under Division 3A, Division 3B or this Division.(2) STC is, as soon as practicable, to pay the benefit to which a person to whom this section applies is entitled if:(a) STC is satisfied that the person is at least 65 years of age and is working for less than 10 hours a week, or(b) STC is satisfied that the person has attained the age of 70 years even though the person is working for more than 10, but less than 30, hours a week, or(c) the person is at least 65 years of age and has requested STC to pay the benefit, or(d) STC is satisfied that the person has retired from the work force.
Division 3D Compulsory preservation of benefits
52Y Compulsory preservation of benefits after changeover day
(1) STC must, when a pension or lump sum becomes payable under this Act (including a benefit provided under Division 3A or 3B), preserve all or so much of the pension or lump sum as is required to be preserved so as to be consistent with a relevant Commonwealth superannuation standard.(2) For the purpose of preserving a benefit under this section, STC must convert to a lump sum so much of a pension as is required to be preserved. The remainder of the pension is to be dealt with as otherwise required or permitted by or under this Act.(3) The amount of the benefit to be preserved in respect of a contributor or former contributor for the purpose of this section is as determined by STC, after obtaining actuarial advice.(4) The amount of a benefit that must be preserved for the purposes of subsection (1) is to be preserved in the Fund and is to be adjusted, having regard to any adjustment of the appropriate reserve under section 8 or is to be preserved under section 52AA.
52Z Payment of compulsorily preserved benefit
(1) The whole or part of a benefit preserved under section 52Y is payable by STC in the circumstances in which a benefit is payable under a relevant Commonwealth superannuation standard.(2) The whole or part of a benefit preserved under section 52Y must be paid by STC, if it is required to be paid under a relevant Commonwealth superannuation standard.(3) The benefit is payable:(a) unless the former contributor has died—to the former contributor, or(b) if the former contributor has died and is survived by a spouse or de facto partner—to the surviving spouse or de facto partner, or(c) if the former contributor has died and is not survived by a spouse or de facto partner—to the personal representatives of the former contributor or, if appropriate, in accordance with section 88A (Payment without grant of probate etc).
(1) Any amounts preserved by STC under section 52Y may be preserved in such funds, accounts or reserves as STC determines, whether established under this Act or the Superannuation Administration Act 1996 or for the purposes of any other superannuation scheme administered by STC.(2) Any such preserved amounts payable by STC under section 52Y are to be paid from the appropriate fund, account or reserve referred to in this section.
Division 4 Rights under various Acts
53 Rights under Civil Service Superannuation Account not prejudiced
This Act shall not (except as herein specifically provided) apply to employees who have the right vested or contingent to either a pension or a gratuity under the Civil Service Acts.
Division 5 Existing insurance policies
60 Insurance policies may be continued or discontinued at option of contributor
Notwithstanding anything to the contrary in any Act it shall not be necessary for any contributor under this Act to insure the contributor’s life, or to continue in force any policy of insurance on the contributor’s life already taken out at the commencement of this Act, or at the date the contributor’s employer is added to Schedule 3 under section 92.
(1) Any employee whose life is insured at the commencement of this Act, or (if the employee’s employer is added to Schedule 3 under section 92) at the date of such addition, may surrender the employee’s policy of insurance or the employee may transfer such policy (if unencumbered) to STC or to a person approved by STC and request STC to continue the payment of the premiums under the said policy. STC shall thereupon cause such premiums to be duly paid, and on the maturity of the policy shall hand over to the employee or to the employee’s personal representatives to be administered as part of the employee’s estate any sums received on the policy, less the amount of the premiums, with compound interest thereon at the prescribed rate from the respective dates of payment:Provided that STC or the person approved by STC pursuant to this section may at any time prior to the maturity of any policy transferred to STC or such person upon repayment of all moneys paid by STC for premiums thereunder with compound interest thereon at the prescribed rate from the respective dates of payment release such policy to the employee.
The provisions of this section shall extend to any employee of the Sydney Harbour Trust Commissioners included in the certificate of the said Commissioners made in pursuance of section 2 of the Superannuation (Amendment) Act 1928 where the employee’s policy of insurance is in force at the commencement of that Act.
(2) In this section, a reference to the prescribed rate is a reference to the rate of interest for the time being fixed by STC under section 86A for the purposes of this section.(3) The right of an employee under subsection (1):(a) to pay STC the surrender value of an insurance policy, or(b) to transfer an insurance policy to STC,ceases at the commencement of Schedule 10 (7) to the Superannuation (Amendment) Act 1983.
61A Surrender of policies generally
(1) Any employee or pensioner whose life, or the life of whose spouse or de facto partner, is insured under a policy of assurance which has been in force for not less than five years and which is at the time of transfer an endowment policy unencumbered and upon which all premiums due have been paid may request STC to accept a transfer of such policy in accordance with the provisions of this section.(2) STC may, in such cases as it deems proper and subject to such conditions as it may determine, accept a transfer of any such policy.(3) Upon such acceptance by STC:(a) the employee or pensioner or spouse or de facto partner of the employee or pensioner, as the case may be shall assign the benefit of such policy to STC,(b) STC shall cause all premiums under such policy to be duly paid from the Fund.(4) Where, before the maturity of any such policy, the person who assigned the policy to STC requests STC in writing in the form prescribed to release the same to the person and pays to STC the amount of the premiums paid by it with compound interest thereon at the prescribed rate from the respective dates of payment, STC shall release such policy to such person.(5) On the maturity of such policy (such policy not having been released pursuant to the provisions of subsection (4)) STC shall hand over to the person entitled thereto all moneys received under such policy less the amount of the premiums paid by it with compound interest thereon at the prescribed rate from the respective dates of payment.(6) In this section, a reference to the prescribed rate is a reference to the rate of interest for the time being fixed by STC under section 86A for the purposes of this section.(7) The right of an employee or pensioner under subsection (1) to request STC to accept a transfer of a policy of assurance ceases at the commencement of Schedule 10 (8) (c) to the Superannuation (Amendment) Act 1983.
Division 6 Automatic adjustment of pensions
(1) In this Division, except in so far as the context or subject-matter otherwise indicates or requires:adjustment date, in relation to a year, means the first day of the pension pay period that ends on the first pension pay day in the October that next follows that year.
adjustment percentage, in relation to a year, means (subject to section 61C (2)) the percentage for that year, calculated in accordance with section 61C.
Index number, in relation to a June quarter, means the number for that June quarter appearing in the Consumer Price Index (All Groups Index) for Sydney published by the Australian Statistician under the Census and Statistics Act 1905–1966 of the Parliament of the Commonwealth or that Act as amended from time to time or any Act of that Parliament passed in substitution therefor.
June quarter, in relation to a year, means the period commencing on and including 1 April in that year and ending on and including 30 June in that year.
pension:
(a) subject to paragraph (b), means:(i) pension payable under this Act, and(ii) pension wholly paid or recouped from the Consolidated Revenue Fund or the funds of an employer, and(b) does not include:(i) pension that has been commuted under section 21C, or(ii) pension payable in respect of a child or a student.quarter, in relation to a year, means:
(a) the period commencing on and including 1 July in that year and ending on and including 30 September in that year,(b) the period commencing on and including 1 October in that year and ending on and including 31 December in that year,(c) the period commencing on and including 1 January in that year and ending on and including 31 March in that year, or(d) the period commencing on and including 1 April in that year and ending on and including 30 June in that year.suspended part of a pension, in relation to an adjustment date, means, where any part of an increase in pension was not payable at that adjustment date by reason only of the operation of section 33A, the unpaid part of that increase or, where any part of a pension was not payable at that adjustment date by reason only of the operation of section 31B (3), the unpaid part of that pension.
suspended pension, in relation to an adjustment date, means:
(a) a pension that was not payable under section 30 or 31 at that adjustment date by reason only of the marriage of a person, or(b) a pension that was not payable at that adjustment date by reason only of the operation of section 50 or 94.year means:
(a) the period commencing on and including 1 July 1973 and ending on and including 30 June 1974, or(b) a subsequent period commencing on and including 1 July and ending on and including the next following 30 June.(2) Where a pension is to be adjusted under this Division by reference to the adjustment percentage for a year, a reference (however expressed) in this Division to adjusting the pension is a reference to:(a) where the adjustment percentage is calculated in accordance with the formula set out in section 61C (1) (a)—increasing the pension, or(b) where the adjustment percentage is calculated in accordance with the formula set out in section 61C (1) (b)—reducing the pension.
61C Calculation of adjustment percentage
(1) For the purposes of the definition of adjustment percentage in section 61B (1), the percentage for a year shall be calculated:(a) if the Index number for the June quarter in that year is greater than the Index number for the immediately preceding June quarter—in accordance with the following formula:
(b) if the Index number for the June quarter in that year is less than the Index number for the immediately preceding June quarter—in accordance with the following formula:
where:
P is the percentage to be obtained,
C is the Index number for the June quarter in that year, and
L is the Index number for the immediately preceding June quarter.
(2) If:(a) the percentage calculated for a year in accordance with subsection (1) (b) is less than 1.0 per centum, or(b) the Index number for the June quarter for a year is the same as the Index number for the immediately preceding June quarter,there is deemed to be no adjustment percentage for that year.(3) Where there is deemed to be no adjustment percentage for a year, then, for the purposes of calculating the percentage for the next year:(a) the Index number for the June quarter in the firstmentioned year shall be deemed not to have been published, and(b) the Index number for that quarter shall be deemed to be the same as the Index number for the June quarter in the last year for which there was an adjustment percentage.(4) If at any time, whether before or after the commencement of this Division, the Australian Statistician has published in respect of a particular June quarter an Index number in substitution for an Index number previously published by the Australian Statistician in respect of that quarter:(a) except as provided in paragraph (b)—the publication of the later Index number shall be disregarded, or(b) if the Minister so directs—regard shall, after the direction is given, be had to the latter and not to the earlier Index number,for the purposes of this Division.(5) Notwithstanding subsection (4), if at any time after the commencement of this Division the Australian Statistician changes the reference base for the Consumer Price Index (All Groups Index) for Sydney, then, for the purposes of the application of this Division after the change takes place, regard shall be had only to Index numbers published in terms of the new reference base.
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61D Adjustment of pensions: general cases
(1) Subject to this Division, where there is an adjustment percentage for a year (in this section referred to as the particular year), the pension payable on the adjustment date for that year to a person to whom this section applies is hereby adjusted, on and from that adjustment date, by that percentage.(2) This section applies to:(a) a person who last became a pensioner on or before 1 July in the particular year,(b) a person who is the spouse or de facto partner of a pensioner, where that pensioner last became a pensioner on or before 1 July in the particular year and died before the adjustment date for that year, and(c) a person who is the spouse or de facto partner of a contributor, being a contributor who died, on or after 1 July in the particular year but before the adjustment date for that year, within five years of having again become a contributor following a retirement under section 22 on or before 1 July in that year.(3) A reference in subsection (1) to a pension payable to a person includes a reference to the pension that would have been payable to the person had the provisions referred to in the definition of suspended part of a pension in section 61B (1) not been enacted.
61E Adjustment of pensions: partial adjustment
(1) Subject to this Division, where there is an adjustment percentage for a year (in this section referred to as the particular year), the pension payable on the adjustment date for that year to a person to whom this section applies is hereby adjusted, on and from that adjustment date, by the percentage calculated in accordance with the formula set out in subsection (3).(2) This section applies to:(a) a person who last became a pensioner after 1 July in the particular year but on or before 1 April in that year, other than a person referred to in paragraph (c),(b) a person who is the spouse or de facto partner of a pensioner, where that pensioner last became a pensioner after 1 July in the particular year but on or before 1 April in that year and died before the adjustment date for that year, and(c) a person who is the spouse or de facto partner of a contributor, being a contributor who died, after 1 July in the particular year but before the adjustment date for that year, within five years of having again become a contributor following a retirement under section 22 after 1 July in that year but on or before 1 April in that year,but does not apply to a person to whom section 61D applies.(3) The formula referred to in subsection (1) is:
where:A is the percentage by which the pension is to be adjusted,
P is the adjustment percentage for the particular year, and
Q is the number of whole quarters of the particular year, being the whole quarters after, and (if applicable) the whole quarter on the first day of which:
(a) in the case of a person referred to in subsection (2) (a)—the person last became a pensioner,(b) in the case of a person referred to in subsection (2) (b)—the person’s late pensioner spouse or de facto partner last became a pensioner, or(c) in the case of a person referred to in subsection (2) (c):(i) where the person’s late spouse or de facto partner had been retired under section 22 once only—the person’s late spouse or de facto partner was so retired, or(ii) where the person’s late spouse or de facto partner had been so retired more than once—the person’s late spouse or de facto partner was last so retired, disregarding any retirement of the person’s late spouse or de facto partner to which section 51 (2) (b) applied.
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61F Application of secs 61D and 61E to breakdown pensions and suspended pensions
(1) In determining when a pensioner last became a pensioner for the purposes of section 61D or 61E, regard shall not be had to any retirement to which section 51 (2) (b) applied.(2) Section 61D or 61E, as the case may require, applies to and in respect of a suspended pension in the same way as it applies to and in respect of a pension referred to therein, and so applies as if:(a) the marriage by reason of which the pension is a suspended pension had not taken place,(b) section 50 had not been enacted, or(c) section 94 had not been enacted,as the case may require, but nothing in this subsection operates so as to authorise or require the payment at any time of that suspended pension or any part thereof.
61G Certain increases under Superannuation (Amendment) Act 1970
(1) Where an increase in pension is payable to a pensioner under the Superannuation (Amendment) Act 1970, then, as on and from the date (being not earlier than the commencement of this Division) on which the increase is payable, the rate at which it is payable shall be that at which it would be payable to the pensioner had the pensioner been in receipt of the increase at the commencement of Part 2 of the Superannuation (Amendment) Act 1974.(2) Without affecting the operation of subsection (1), Part 2 of the Superannuation (Amendment) Act 1974 does not apply to an increase in pension referred to in subsection (1).
61H Minimum amount to which pensions may be reduced
Notwithstanding anything in this Division:(a) a pension (other than a pension payable to a person by virtue of the person being a spouse or de facto partner of a pensioner) shall not be reduced below the fortnightly amount that would, if this Division had not been enacted, have been payable, and(b) a pension payable to a person by virtue of the person being a spouse or de facto partner of a pensioner shall not be reduced below the fortnightly amount that would have been payable to the person by reference to the pension that would, if this Division had not been enacted, have been payable to the pensioner.
61K Calculation of percentages
Where a percentage that is to be calculated under this Division is or includes a fraction of one-tenth of one per centum:(a) if that fraction is less than one-half of one-tenth—that fraction shall be disregarded, and(b) if that fraction is not less than one-half of one-tenth—that fraction shall be treated as one-tenth.
Division 7 Automatic adjustment of children’s pensions
In this Division, except in so far as the context or subject-matter otherwise indicates or requires, adjustment date, adjustment percentage and year have the meanings respectively ascribed to those expressions by section 61B (1).
(1) For the purposes of sections 32D and 43A (4) (b), the appropriate amount of pension in respect of a child or student is, subject to this section, $4 per week.(2) Subject to this Division, the appropriate amount of pension under this section is, as from the commencement of Schedule 8 (2) to the Superannuation (Amendment) Act 1985, increased to $41.20 per fortnight.(3) Subject to this Division, where pensions are increased or decreased under Division 6 by a percentage for the year ending on and including 30 June 1985 or for any subsequent year, the appropriate amount of pension, as previously adjusted, under this section is, as from the adjustment date for that year, increased or decreased, as the case may be, by that percentage.(4) If STC has made a determination under section 61RA in respect of a pension under this section, the amount of the pension is reduced by the amount specified in STC’s determination.
(1) For the purposes of sections 33 and 43A (4) (a), the appropriate amount of pension in respect of a child or student is, subject to this section, $10 per week.(2) Subject to this Division, the appropriate amount of pension under this section is, as from the commencement of Schedule 8 (3) to the Superannuation (Amendment) Act 1985, increased to $97.85 per fortnight.(3) Subject to this Division, where pensions are increased or decreased under Division 6 by a percentage for the year ending on and including 30 June 1985 or for any subsequent year, the appropriate amount of pension, as previously adjusted, under this section is, as from the adjustment date for that year, increased or decreased, as the case may be, by that percentage.(4) If STC has made a determination under section 61RA in respect of a pension under this section, the amount of the pension is reduced by the amount specified in STC’s determination.
61O Minimum amounts to which pensions may be reduced
Notwithstanding anything in this Division, the appropriate amount of pension under:(a) section 61M—shall not be reduced below $4 per week, or(b) section 61N—shall not be reduced below $10 per week.
An increase or decrease of the appropriate amount under section 61M or 61N operates in relation to pensions being paid as at the date of the increase or decrease, as well as to pensions that become payable thereafter.
Division 7A Circumstances in which benefits may be reduced
61RA Power of STC to reduce pensions and other benefits to offset certain tax liabilities
(1) Whenever:(a) a right to a benefit under this Act accrues to or in respect of a contributor or former contributor, and(b) STC has paid or is liable to pay income tax under a Commonwealth taxation law in respect of employers’ contributions to the Fund, and(c) a portion of that tax is referable to the employer-financed portion of that benefit,STC must, subject to subsection (2):(d) calculate the amount necessary to offset STC’s liability to pay tax so far as it is referable to the employer-financed portion of that benefit, and(e) accordingly make a determination reducing the benefit by the amount so assessed.(1A) Whenever:(a) a right to a benefit under this Act accrues to or in respect of a contributor or former contributor, and(b) STC has paid or is liable to pay an amount of superannuation contributions surcharge in respect of the employer contributions paid or payable to the Fund, or in respect of contributions made under the State Authorities Non-contributory Superannuation Act 1987, on behalf of the contributor or former contributor,STC must determine in writing the surcharge deduction amount that, in the opinion of STC, it would be fair and reasonable to take into account in working out the amount of the benefit and must make a determination reducing the benefit accordingly.(1B) In determining the surcharge deduction amount in respect of a benefit payable to a contributor or former contributor, STC may have regard to any or all of the following matters:(a) the amount of superannuation contributions surcharge payable or paid by STC in respect of the contributor or former contributor,(b) the amount by which the contributor’s or former contributor’s surcharge debt account is in debit when the benefit emerges or commences to be paid,(c) the value of the employer-financed portion of the benefit,(d) the value of the benefits that, for the purpose of working out (under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 of the Commonwealth) the notional surchargeable contribution factors applicable to the contributor or former contributor, were assumed to be likely to be payable to the person on his or her ceasing to be an employee,(e) whether the contributor or former contributor has qualified for a benefit that includes an employer-financed component,(f) the amount of any payments under section 91B,(g) any other matter STC considers relevant.(1C) The surcharge deduction amount determined by STC must not exceed:(a) an amount that is 15% of the employer-financed portion of that part of the benefit payable to the contributor or former contributor that accrued after 20 August 1996, or(b) such other amount of the employer-financed portion of a benefit as is prescribed by the regulations in relation to the period when the benefit payable to the contributor or former contributor accrued.(1D) For the purpose of determining the surcharge deduction amount, STC may obtain actuarial advice or advice from any other persons, as STC thinks fit.(1E) The balance of any additional amount payable by STC for superannuation contributions surcharge in respect of a contributor or former contributor, after payment of the balance of the relevant surcharge debt account, is to be paid by STC from the Fund under section 4 (4) and debited to the appropriate employer reserve.(2) Subsection (1) does not authorise the reduction of a benefit under this Act, unless:(a) the benefit is of a kind to which section 61RD applies, and(b) the method of calculating the reduction is set out in section 61RD, and(c) the reduction is calculated according to that method.(3) Subsection (1A) does not authorise the reduction of a benefit as a result of a liability for superannuation contributions surcharge unless the benefit is of a kind to which section 61RD applies.(3A) If STC determines a surcharge deduction amount in respect of a contributor or former contributor under this section, STC may, on the application of the contributor or former contributor, apply the benefit that accrues to or in respect of the contributor or former contributor under the State Authorities Non-contributory Superannuation Act 1987 toward payment of the surcharge deduction amount, and make a determination reducing the benefit payable under that Act accordingly. In such a case, STC may make a determination reducing the benefit payable under this Act to the extent necessary (if any) to pay the balance of the surcharge deduction amount.(4) In this section:surcharge debt account, in relation to a contributor or former contributor, means the surcharge debt account kept for the contributor or former contributor (while an employee) under section 16 of the Superannuation Contributions Tax (Assessment and Collection) Act 1997 of the Commonwealth.
(5) Despite subsection (1A), the benefit of a former contributor who has commenced to be paid that benefit may be adjusted by STC in accordance with the regulations if the former contributor receives (before, on or after the commencement of this subsection) notice of an assessment of superannuation contributions surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 of the Commonwealth in respect of the employer contributions paid to the Fund on behalf of the former contributor.(6) The regulations may make provision for or with respect to the following:(a) the circumstances in which STC may or may not pay superannuation contributions surcharge on behalf of a former contributor,(b) adjusting the amounts of benefits or paying amounts in relation to a surcharge deduction amount or an assessment of superannuation contributions surcharge received by a former contributor before, on or after the commencement of this subsection.(7) Without limiting subsection (6), the regulations may make provision for the payment by STC of an amount of additional surcharge payable by a former contributor above the amount determined under subsection (1C).
61RAA Restoration of death benefit previously reduced to offset contribution tax liabilities
(1) STC may, for the purposes of obtaining a deduction from assessable income under section 295-485 of the Income Tax Assessment Act 1997 of the Commonwealth, increase a lump sum benefit under this Act payable or paid on the death of a contributor or former contributor that has been previously reduced under section 61RA.(2) The amount of the increase is to be the amount determined by STC, after obtaining actuarial advice, as the amount of increase required to obtain the deduction referred to in subsection (1).(3) (Repealed)
61RB Power of STC to adjust benefits to comply with certain Commonwealth standards relating to superannuation
(1) (Repealed)(2) If:(a) a contributor or former contributor becomes entitled to receive a pension under this Act, other than a specified invalidity pension, and(b) payment of the pension to the contributor or former contributor would, but for this subsection, not be consistent with relevant Commonwealth superannuation standards,the contributor or former contributor may elect, before the pension starts to be paid, to receive the pension:(c) in a form that complies with those standards, or(d) in a form that is in accordance with this Act (apart from this section).(3) Even after such a pension has started to be paid in a form that is not consistent with relevant Commonwealth superannuation standards, the contributor or former contributor concerned is entitled to make an election or a further election to receive payment of the pension in a form that is consistent with relevant Commonwealth superannuation standards.(4) An election made and notified to STC in accordance with this section is sufficient authority for STC to pay a pension in accordance with the election of the contributor or former contributor concerned.(5) An election under this section to receive a pension in a form that is consistent with relevant Commonwealth superannuation standards is irrevocable.(6) A contributor or former contributor who does not notify STC of the election of the contributor or former contributor under this section before the pension concerned starts to be paid is, subject to subsection (3), to be regarded as having elected to receive payment of that pension in the form provided by this Act (apart from this section).(7) If a contributor or former contributor makes an election under this section to receive a pension in a form that is consistent with relevant Commonwealth superannuation standards, STC must ensure that the pension is varied only to the extent necessary to comply with those standards.(8) An election under this section to receive a pension in a form that is consistent with relevant Commonwealth superannuation standards is binding not only on the contributor or former contributor who made the election but also on any person claiming a benefit under this Act through that contributor or former contributor.(9) If an election is made under this section to receive a pension in a form that is consistent with relevant Commonwealth superannuation standards, the pension is payable in that form despite any other provision of this Act to the contrary.(10) In this section:(a) a reference to a benefit or pension is a reference to the benefit or pension after reducing it in accordance with section 61RA or 61RC where appropriate, and(b) a reference to a superannuation scheme is a reference to a scheme, fund or arrangement (whether or not established by or under an Act) under or from which any superannuation or retirement benefits are provided, and(c) specified invalidity pension means a pension under section 29 other than a pension in respect of which the period for payment has been determined, in accordance with section 29 (4A) (b) or (5), to be for the remainder of the relevant person’s life.
61RC Power of STC to reduce benefits for no-TFN tax
(1) This section applies to a benefit if:(a) a right to the benefit accrues under this Act to or in respect of a contributor or former contributor, and(b) STC has paid or is liable to pay no-TFN tax in respect of employer contributions to the Fund, and(c) a portion of that tax is referable to the employer-financed portion of that benefit, and(d) the benefit is of a kind prescribed by the regulations for the purposes of this section.(2) The amount of the benefit is reduced by the amount necessary to offset STC’s liability to pay no-TFN tax so far as it is referable to the employer-financed portion of that benefit.(3) The amount of the reduced benefit is to be determined by STC after obtaining actuarial advice.(4) A contributor or former contributor may elect to have his or her SANCS benefit reduced instead of the benefit to which this section applies if the SANCS benefit is payable to the contributor or former contributor. On an election being made, the SANCS benefit is reduced accordingly and the benefit to which this section applies is reduced only if it is necessary to do so to meet any shortfall in the amount of offset.(5) The regulations may provide for the establishment of debt accounts in respect of contributors or former contributors for the purposes of this section.(6) In this section:employer contribution includes a salary sacrifice contribution.
employer-financed portion of a benefit includes any part of the benefit financed by a salary sacrifice contribution.
no-TFN tax means an amount equal to the difference between the amount of:
(a) income tax payable by STC under the Income Tax Assessment Act 1997 of the Commonwealth on employer contributions to the Fund for a contributor if there is a failure by the contributor to provide information about his or her tax file number to STC, and(b) income tax that would be so payable if the information about the tax file number was provided.SANCS benefit means a benefit that accrues to or in respect of a contributor or former contributor who is an employee or former employee under the State Authorities Non-contributory Superannuation Act 1987.
(1) This section applies to the benefits provided under the following provisions:(a) section 27 (Amount of pension payable on retirement),(b) section 28A (Pension on retirement before reaching 60 years of age),(c) section 28AA (Pension on retirement before age 60—component pension),(d) section 29 (Breakdown pensions),(e) section 30 (Pensions to spouse or de facto partner on death of contributor),(f) section 37 (Retrenchment benefits payable to an employee who is retrenched after completing 10 years’ service),(g) section 37A (Retrenchment benefits payable to contributors having not less than 3 years’ contributing service),(h) section 38A (Withdrawal benefit),(i) section 47D (Benefits payable in respect of reduced value units),(j) Division 3A of Part 4 (Preserved benefits),(k) Part 3B (Conversion of existing entitlements).(2) For the purposes of section 61RA, the reduction in a benefit to which this section applies (other than a benefit under section 38A or 47D) is the amount calculated in accordance with the following formula:
(3) For the purposes of section 61RA, the reduction in a benefit under section 38A (other than a benefit arising as a result of the death of a person) is the amount calculated in accordance with the following formula:
(4) For the purposes of section 61RA, the reduction in a benefit under section 47D is the amount calculated in accordance with the following formula:
(5) In this section:R represents the amount of the reduction.
M is calculated in accordance with subsection (6) and represents the amount of the pension or lump sum being reduced.
A represents the portion of the benefit payable from the appropriate employer’s reserve in accordance with section 33B (2) (b).
B represents the relevant amount in respect of the benefit determined in accordance with section 33B (3).
Q represents the sum of such number of terms as is determined in accordance with the formula prescribed by subsection (7) to reflect the number of times the rate of tax has changed.
T represents the total amount of benefit derived under section 47D.
(6) In subsection (5), the symbol “M” represents:(a) in the case of a benefit arising under section 27, 28A, 28AA or 29—the benefit that would be payable under that section, but for section 61RA and this section, or(b) in the case of a benefit arising under section 30 in respect of a contributor who dies before reaching the age of 60 in the case of a man, or the maturity age in the case of a woman—two-thirds of the pension that, but for section 61RA and this section, would have been payable to the contributor under section 29 if the contributor had been retired immediately before death, or(c) in the case of a benefit arising under section 30 in respect of a contributor who dies on or after reaching the age of 60 in the case of a man, or the maturity age in the case of a woman—two-thirds of the pension that, but for section 61RA and this section, would have been payable under section 27 if the contributor had retired, or had been retired, immediately before death, or(d) in the case of a benefit arising under Part 3B or section 37 or 37A—the lump sum benefit that would be payable under the provision concerned but for section 61RA and this section, or(e) in the case of a benefit arising under Division 3A of Part 4—the total component pension preserved in accordance with section 52A.(7) For the purposes of the symbol “Q” in subsection (5), the formula prescribed by this subsection is:
where:C represents the number of days of continuous contributory service that the person in respect of whom the pension is payable has had with one or more employers in each period during which the rate of tax payable on employer contributions is L.
D represents:
(a) in the case of benefits arising under section 29 or 30—the number of days of continuous contributory service that the person in respect of whom the pension is payable has had with one or more employers during the period beginning with the date when the person last became a contributor and ending with the later of the exit date and the date on which the person would have been eligible to retire under section 21 (1) if the person’s employment had continued to that date, or(b) in all other cases—the number of days of continuous contributory service that the person in respect of whom the pension is payable has had with one or more employers during the period beginning with the date on which the person last became a contributor and ending with the person’s exit day.L represents the rate of tax payable on employer contributions set out in the relevant Commonwealth taxation law or such lesser rate as may be determined by STC having regard to the most recent actuarial valuation of the scheme.
(8) For the purposes of the symbols “C” and “D” in subsection (7), the period of a person’s continuous contributory service does not include any period during which the person is treated by section 48 (Breakdown pensioner held to be on leave) as being on leave without pay.(9) For the purposes of sections 31 and 52F, the benefit that emerges upon the death of the member is not to be reduced as it would already have been reduced in accordance with section 61RA when the member retired or when the benefit was preserved.
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61RE Commutation of pensions for adjustment of benefits
(1) If a benefit that may be taken in the form of a pension is reduced under section 61RA or 61RC, STC may, at its discretion and with the consent of the contributor or former contributor concerned, commute part of the pension to a lump sum for the purposes of payment to STC of the amount of the reduction.(2) Commutation of part of a pension under this section:(a) does not affect any other right that the contributor or former contributor has to commute the pension under this Act, and(b) is not to be taken into account for the purpose of determining whether, and to what extent, any such other right may be exercised, and(c) is to be done on a basis determined by STC for the purposes of this section.(3) STC may obtain actuarial advice for the purpose of determining the basis on which part of a pension is to be commuted under this section.(4) This section has effect despite any other provision of this Act.
61RF Release of benefits on grounds of severe financial hardship
(1) STC may, on the election of a contributor, or a former contributor who has provided for a benefit under Division 3A, Division 3B or section 37B or had a benefit preserved under this Act, release to the contributor or former contributor a benefit on the ground of the contributor or former contributor’s severe financial hardship.(2) STC may release the benefit only if STC is satisfied that the circumstances are such that a benefit would be payable on the grounds of severe financial hardship if the contributor or former contributor were a member of a regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.(3) The amount paid:(a) is to be the amount payable for the purpose of complying with the requirements of that Act for payment of such a benefit from a regulated superannuation fund, and(b) is not to exceed the amount of any accrued, deferred or preserved benefit that would be payable to the contributor or former contributor if the contributor or former contributor were eligible to be paid such a benefit.(4) A contributor or former contributor may, at any time before the release of a benefit under this section, vary or revoke an election under this section.(5) An amount may not be paid under this section unless any applicable requirements of any regulations made under section 61RH have been complied with.
61RG Release of benefit on compassionate grounds
(1) STC may, on the election of a contributor, or a former contributor who has provided for a benefit under Division 3A, Division 3B or section 37B or had a benefit preserved under this Act, release to the contributor or former contributor a benefit on compassionate grounds.(2) STC may release the benefit only if STC is satisfied that the circumstances are such that the Regulator (within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth) would be entitled to determine that the amount could be released on compassionate grounds if the contributor or former contributor were a member or former member of a regulated superannuation fund within the meaning of that Act.(3) The amount paid:(a) is to be the amount payable for the purpose of complying with the requirements of that Act for payment of such a benefit from a regulated superannuation fund, and(b) is not to exceed the amount of any accrued, deferred or preserved benefit that would be payable to the contributor or former contributor if the contributor or former contributor were eligible to be paid such a benefit.(4) A contributor or former contributor may, at any time before the release of a benefit under this section, vary or revoke an election under this section.(5) An amount may not be paid under this section unless any applicable requirements of any regulations made under section 61RH have been complied with.
(1) Regulations may be made for or with respect to the payment and calculation of future benefits where a benefit has been released to a person under section 61RF or 61RG.(2) Without limiting subsection (1), regulations may be made for or with respect to the following matters:(a) the adjustment by STC of a benefit that is paid to a person to whom an amount has been previously released under section 61RF or 61RG, including interest payable in respect of the amount released,(b) the obtaining of consent to any such adjustment,(c) the obtaining of actuarial advice by STC for the purpose of any such adjustment,(d) enabling the payment to STC of amounts to set-off amounts released under section 61RF or 61RG against benefits that would otherwise accrue,(e) any matter ancillary to or consequential on the matters set out in paragraphs (a)–(d).
Division 8 Miscellaneous provisions
61S Increases in certain pensions
Schedule 18 has effect.
61T Transitional and other provisions arising from the Superannuation (Amendment) Act 1978
Schedule 19 has effect.
61U Compliance with superannuation guarantee legislation
(1) Minimum benefits
STC must, after obtaining actuarial advice, determine what the minimum employer-financed benefit would have to be to ensure that there is no superannuation guarantee shortfall.(2) Increase in benefits
So much of a pension component of a benefit or lump sum as is employer-financed is, despite any other provision of this or any other Act, not to be less than the minimum benefit determined under subsection (1). The benefit that would otherwise be payable under this Act is increased to the extent necessary for the purpose of complying with this section.(3) Increase in benefit to be paid from non-contributory scheme
The amount of any increase in benefit is to be debited by STC from the employer reserve of the employer concerned established under the State Authorities Non-contributory Superannuation Act 1987.(4) Definition
In this section, employer-financed benefit means the sum of so much of a pension component of a benefit or lump sum as is employer-financed under this Act, any basic benefit under the State Authorities Non-contributory Superannuation Act 1987 and any employer-financed benefit of a kind provided by the State Authorities Non-contributory Superannuation Act 1987.
61V Application of section 61U to period from 1.7.1992
A benefit that is preserved under this Act after 1 July 1992 and before the commencement of the First State Superannuation Act 1992, or that is paid after 1 July 1992 and before that commencement, is to be adjusted by STC in accordance with section 61U.
61VA Nominating commencement date of pension
(1) Despite any other provision of this Act, the payment period of a pension under this Act to which a person is entitled to payment commences on:(a) if a date is nominated in accordance with this section—the date so nominated, or(b) in any other case—the default date.(2) A person who is, or is to be, entitled to be paid a pension under this Act may, by notice in writing served on STC, nominate the date on which the payment period commences, if such a nomination is not inconsistent with a relevant Commonwealth superannuation standard.(3) A notice under this section must:(a) nominate the date on which the payment period commences, and(b) be in the form approved by STC, and(c) be served on STC not later than the expiry date.(4) A notice under this section must not nominate a date earlier than the default date.(5) A notice under this section is irrevocable.(6) This section does not affect whether any person is entitled to a pension or when any person becomes entitled to a pension.(7) A person is not entitled to payment of a pension under this Act in respect of any period earlier than the commencement of the payment period of the pension.(8) In this section:default date means, in respect of a pension under this Act, the date on which the payment period of the pension would, but for this section, commence.
expiry date means, in respect of a pension under this Act, the date that is 3 months after the default date in respect of the pension.
payment period means, in respect of a pension under this Act, the period for which the pension is to be paid.