South Australia
Police Superannuation Regulations 2002
under the Police Superannuation Act 1990

Contents
Part 1—Preliminary
1	Short title
4	Interpretation
Part 2—Commutation
5	Interpretation of Part
6	Right to apply for commutation
6A	Right of non-member spouse or legal representative to apply for commutation
8	Commutation factors
9	Restriction on commutation
10	Adjustment of commutation factors
11	Rounding of lump sum
Part 2A—Non-member spouse entitlements
11A	Procedure for payment of lump sum
11B	Procedure for payment of pension
11C	Associate pension
Part 3—General
12	Salary
12AAA	Inclusion of allowance as component of salary
12AA	Salary (contract under section 13 or 16 of Police Act 1998)
12A	Prescribed body
13	Fund's share of administrative costs
14	Restriction on retirees under 50
15	Notice to Board on retrenchment
16	Period of notice
17	Notice to Board on invalidity
18	Minimum pension payable to eligible children
19	Payment in case of pensioner who is incompetent
20	Employment of medical practitioner
Schedule 1—Factors for determination of associate pension
Legislative history

Part 1—Preliminary
1—Short title
These regulations may be cited as the Police Superannuation Regulations 2002.
4—Interpretation
In these regulations, unless the contrary intention appears—
Act means the Police Superannuation Act 1990;
South Australian Police Superannuation Scheme or Scheme means the scheme of superannuation established by the Act and (where the context admits) includes the scheme of superannuation established by a corresponding previous enactment.

Part 2—Commutation
5—Interpretation of Part
For the purposes of this Part, a pensioner's annual pension is the pensioner's fortnightly pension multiplied by 313 and divided by 12.
6—Right to apply for commutation
	(1)	Subject to this Part—
	(a)	a contributor who is entitled to a retirement pension, or who is in receipt of an invalidity pension and has reached the age of 55 years, may apply to the Board for commutation of the whole or a part of the pension; and
	(b)	a contributor who is in receipt of a retrenchment pension and has reached the age of 55 years may apply to the Board for commutation of 50% of the pension; and
	(c)	the spouse of a deceased contributor who is entitled to a pension may apply to the Board for commutation of the whole or a part of the pension,
in accordance with this regulation.
	(3)	Subject to subregulation (4), an application for commutation of a retirement pension must be made within 3 months after retirement and an application for commutation of an invalidity pension or a retrenchment pension must be made within 3 months after the pensioner reaches the age of 55 years.
	(4)	Where a contributor is unable to apply for commutation of a pension in accordance with subregulation (3) because the pension is suspended, he or she may apply for commutation of the pension within 3 months after the pension ceases to be suspended.
	(5)	Where—
	(a)	part only of an invalidity pension or a retrenchment pension is available to a contributor because the pension is reduced under section 40 of the Act; and
	(b)	the contributor has commuted the whole, or a part, of that part of the pension,
the contributor may, in accordance with this Part, within 3 months after he or she reaches the age of 60 years, commute the whole or a part of the part of the pension previously denied to him or her because of the reduction.
	(6)	Subject to subregulation (7), an application for commutation of a pension payable to a spouse must be made within 6 months after the death of the contributor.
	(7)	Where a spouse of a contributor is unable to apply for commutation of his or her pension in accordance with subregulation (6) because the pension is suspended, he or she may apply for commutation of the pension within 3 months after the pension ceases to be suspended.
	(8)	Where—
	(a)	part only of a pension is available to the spouse of a contributor because the pension is reduced under section 40 of the Act; and
	(b)	the spouse has commuted the whole, or a part, of that part of the pension,
the spouse may within 3 months after he or she first becomes entitled to the other part of the pension commute the whole or a part of it in accordance with this Part.
	(9)	A contributor who is entitled to an invalidity pension may apply to the Board within 3 months after termination of employment for commutation of 20% or less of the pension.
	(10)	An application under subregulation (9) does not prejudice the right of the contributor to apply for a further commutation under subregulation (1) upon reaching the age of 55 years.
	(11)	The Board may extend the time within which a person may apply for commutation of a pension if, in the Board's opinion, the person was not at fault in failing to apply within the time prescribed by this regulation.
	(12)	The Board must commute the pension within 1 month after receiving the application and must pay the lump sum within 14 days after commutation.
6A—Right of non-member spouse or legal representative to apply for commutation
	(1)	For the purposes of section 38S(2)(b) of the Act, a non-member spouse who is entitled to have the whole of his or her share in a superannuation interest commuted to a lump sum must make his or her election in accordance with that section within 3 months of the operative time.
	(2)	For the purposes of section 38S(7) of the Act, if a non-member spouse dies while entitled to, or in receipt of, a pension under that section (other than an associate pension), an election by the non-member spouse's legal representative for the pension to be commuted to a lump sum must be made within 6 months of the non-member spouse's death.
8—Commutation factors
	(1)	The following tables set out commutation factors:
	(a)	in the case of a contributor on retirement—

Age at time of commutation	Amount of lump sum for each dollar of annual pension commuted	
55–56	$11.50–$11.30	
56–57	$11.30–$11.10	
57–58	$11.10–$10.90	
58–59	$10.90–$10.70	
59–60	$10.70–$10.50	
60–61	$10.50–$10.30	
61–62	$10.30–$10.10	
62–63	$10.10–$ 9.90	
63–64	$ 9.90–$ 9.70	
64–65	$ 9.70–$ 9.50	
65–66	$ 9.50–$ 9.30	
66–67	$ 9.30–$ 9.10	
	(b)	in the case of a contributor who is entitled to an invalidity pension or is in receipt of an invalidity pension or retrenchment pension—

Age at time of commutation	Amount of lump sum for each dollar of annual pension commuted	
54 or under	$11.50	
55–56	$11.50–$11.30	
	(c)	in the case of a spouse of a deceased contributor—

Age of spouse at time of commutation	Amount of lump sum for each dollar of annual pension commuted	
50 or under	$11.50	
50–55	$11.50–$11.00	
55–60	$11.00–$ 9.75	
60–65	$ 9.75–$ 8.50	
65–70	$ 8.50–$ 7.25	
70–80	$ 7.25–$ 4.75	
80–90	$ 4.75–$ 2.25	
90–100	$ 2.25–$ 0.00	
	(d)	in the case of—
	(i)	a non-member spouse who elects under section 38S(2)(b) of the Act to have his or her share of a superannuation interest commuted to a lump sum; or
	(ii)	the legal representative of a deceased non-member spouse who elects under section 38S(7) of the Act to have a pension that the non‑member spouse was receiving, or was entitled to receive, commuted to a lump sum—

Age of member spouse at time of commutation	Amount of lump sum for each dollar of annual pension commuted	
less than 55	$11.50	
55–60	$11.50–$10.50	
60–65	$10.50–$ 9.50	
65–70	$ 9.50–$ 8.20	
70–75	$ 8.20–$ 6.70	
75–80	$ 6.70–$ 5.30	
80–85	$ 5.30–$ 3.90	
85–90	$ 3.90–$ 2.80	
90–95	$ 2.80–$ 2.10	
95–100	$ 2.10–$ 0.00	
9—Restriction on commutation
	(1)	The Board must not pay a lump sum to the spouse of a contributor unless it is satisfied that no other spouse of the contributor is entitled to part of the pension commuted by the Board.
	(2)	The Board is not liable to any person in respect of a payment made by the Board in accordance with subregulation (1).
10—Adjustment of commutation factors
When determining the amount of the lump sum payable on commutation, the commutation factor must be adjusted proportionately, in accordance with the appropriate table, to the age of the applicant expressed in years and completed months.
11—Rounding of lump sum
When determining the amount of a lump sum payable on commutation the Board may round the amount to the nearest dollar.

Part 2A—Non-member spouse entitlements
11A—Procedure for payment of lump sum
	(1)	For the purposes of sections 38N(5) and 38T(3) of the Act, notice given by the Board to a non-member spouse of the non-member spouse's right to make an election in respect of his or her interest must—
	(a)	be in writing; and
	(b)	advise the non-member spouse of—
	(i)	his or her option to make an election and the consequences of a failure to do so within 28 days; and
	(ii)	the value of the interest; and
	(iii)	the basis of any adjustments that have been, or will be, applied to the interest; and
	(c)	notify the non-member spouse that the interest cannot be retained in the Scheme.
	(2)	If a non-member spouse interest is rolled over to the credit of the non-member spouse in the Southern State Superannuation Fund because an election has not been made, the Board must, within 14 days of the interest being rolled over—
	(a)	advise the non-member spouse that his or her interest has been rolled over to the Southern State Superannuation Fund; and
	(b)	provide the non-member spouse with a membership identification number, a copy of the most recent annual report prepared in respect of the Southern State Superannuation Fund and any other information that, according to a determination of the Board, may be of assistance to the non-member spouse.
11B—Procedure for payment of pension
For the purposes of section 38T(4) of the Act, if the interest of a non-member spouse following service of a splitting instrument is a pension, and the non-member spouse has not directed that the pension be commuted to a lump sum, the following provisions apply:
	(a)	the Board must—
	(i)	split the relevant pension within 14 days of receipt of the splitting instrument; and
	(ii)	advise the non-member spouse of the value of the interest and the basis of any adjustments that have been, or will be, applied to the interest;
	(b)	the non-member spouse must, before the Board can commence payment of the pension—
	(i)	advise the Board of his or her name, address, date of birth and bank account details; and
	(ii)	provide any other relevant information at the request of the Board (including documents verifying the non-member spouse's personal details).
11C—Associate pension
	(1)	For the purposes of section 38S(2)(a)(ii) of the Act, notice of an election by a non‑member spouse to have the whole of his or her share of a superannuation interest converted to, and taken as, an associate pension must be given in writing within 3 months of the date on which notification of the non-member spouse's right to make the election is given by the Board.
	(2)	For the purposes of section 38S(3) of the Act, the amount of an associate pension will be determined by applying the following method:

Where:
AP is the amount of the associate pension payable for the life of the non-member spouse
P is the amount of the non-member spouse's share of the pension determined under section 38S(1) of the Act
Mx+m is the conversion factor relating to the member spouse at age x completed years and m completed months and is derived by interpolating between age x and x+1, the factors from the relevant table in Schedule 1 for the relevant type of pension interest and gender of the member spouse
Ny+n is the conversion factor relating to the non-member spouse at age y completed years and n completed months and is derived by interpolating between age y and y+1, the factors from the relevant table in Schedule 1 for the relevant type of pension interest and gender of the non-member spouse.
For a pension payable in connection with a member spouse whose pension commenced before the commencement of the Act, the factors from table 1 of Schedule 1 must be used.
For a pension payable in connection with any other member spouse, the factors from table 2 of Schedule 1 must be used.

Part 3—General
12—Salary
	(1)	The following allowances are excluded from the definition of salary in the Act:
	(a)	allowances for work on public holidays or weekends;
	(b)	the Patrol Tutor Allowance;
	(c)	the Prosecutors Attraction and Retention Payment;
	(d)	the Detectives Attraction and Retention Payment.
	(2)	A higher duties allowance is excluded from the definition of salary in the Act for the purpose of calculating contributions.
	(3)	Where a higher duties allowance has been paid—
	(a)	for a continuous period of less than 12 months—the allowance is excluded from the definition of salary for the purpose of calculating benefits;
	(b)	for a continuous period of 12 months or more—the allowance will, subject to subregulation (4), be included as a component of salary for the purpose of calculating benefits.
	(4)	Where the amount of a higher duties allowance that is to be included as a component of salary for the purpose of calculating benefits has changed during the period of 12 months immediately preceding termination of the contributor's employment, the allowance will be included as a component of salary at the lowest level paid during that period.
	(5)	In this regulation—
salary means salary as defined by the second definition of salary in section 4(1) of the Act. 
12AAA—Inclusion of allowance as component of salary
	(1)	Despite any other regulation (and despite any provision to the contrary in the Act), the Flexibility Allowance payable under the South Australia Police Enterprise Agreement 2011 will be included as a component of salary for the purposes of determining benefits payable to a contributor who has received the allowance during his or her membership of the Scheme in accordance with the following formula:

where—
FS is the salary
S1 is the contributor's actual or attributed salary, excluding the allowance, immediately before the cessation of his or her employment
S2 is the contributor's actual or attributed salary, including the allowance, immediately before the cessation of his or her employment
CM is the number of contribution months in the contributor's contribution period
X is the number of contribution months in that part of the contributor's contribution period during which the contributor was in receipt of the allowance (with any part of a contribution month being taken to be a full contribution month).
	(2)	In this regulation—
salary means salary as defined in the second definition of salary in section 4(1) of the Act.
12AA—Salary (contract under section 13 or 16 of Police Act 1998)
The proportion of the total remuneration package specified in a contract under section 13 or 16 of the Police Act 1998 for the purposes of the first definition of salary in section 4(1) of the Act is—
	(a)	in respect of an old scheme contributor—86.6 per cent; and
	(b)	in respect of a new scheme contributor—90.6 per cent.
12A—Prescribed body
For the purposes of section 4(6b)(f) of the Act, the Police Association of South Australia is a prescribed body.
13—Fund's share of administrative costs
For the purposes of section 10(7)(b) of the Act the prescribed percentage is 30.
14—Restriction on retirees under 50
The number of contributors who may retire below the age of 55 years in any financial year under section 21(2) or 28(3) of the Act is 50 or such larger number as the Minister approves in respect of a particular year.
15—Notice to Board on retrenchment
A notice given to the Board by the Commissioner under section 23(4) of the Act must inform the Board of any inquiries made by the Commissioner as to other suitable employment available to the contributor.
16—Period of notice
The period of notice of resignation under sections 25(4)(b)(iv) and 31(5)(b)(iv) of the Act is 1 month.
17—Notice to Board on invalidity
A notice given to the Board by the Commissioner under section 25(7) or 31(8) of the Act must—
	(a)	be accompanied by a certificate in a form approved by the Board from a medical practitioner stating the nature of the invalidity; and
	(b)	inform the Board of any inquiries made by the Commissioner or by the Commissioner for Public Employment as to other suitable employment, carrying a salary of at least 80 per cent of the salary applicable to the contributor's present position and available to the contributor in the police force or the Public Service, and the result of those inquiries; and
	(c)	inform the Board of the contributor's existing or future entitlement (if any) to weekly payments of workers compensation.
18—Minimum pension payable to eligible children
For the purposes of section 32(3) of the Act, the prescribed amount of the fortnightly pension is—
	(a)	$8 where a benefit is payable or has been paid to a spouse of the contributor;
	(b)	$12 where no such benefit is or was payable.
19—Payment in case of pensioner who is incompetent
	(1)	If the Board is satisfied that a person who is entitled to a pension under the Act is not mentally or physically competent to give the Board directions as to payment of the pension, the Board may—
	(a)	continue to make payments in a manner authorised by the pensioner when competent; or
	(b)	pay the pension into an account in the name of the pensioner with an ADI; or
	(c)	pay the pension to a person who is caring for the pensioner on condition that it is applied for the maintenance and benefit of the pensioner.
	(2)	Subregulation (1) is subject to the right of a manager appointed under the Aged and Infirm Persons' Property Act 1940, or an administrator appointed under the Guardianship and Administration Act 1993, to payment of the pension.
20—Employment of medical practitioner
The Board may employ a medical practitioner to advise it on matters relating to the state of health of contributors.

Schedule 1—Factors for determination of associate pension

Legislative history
Notes
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Revocation of regulations
The Police Superannuation Regulations 2002 were revoked by Sch 2 of the Police Superannuation Regulations 2017 on 8.8.2017.
Legislation revoked by principal regulations
The Police Superannuation Regulations 2002 revoked the following:
Police Superannuation Regulations 1990
Principal regulations and variations
Year	No	Reference	Commencement	
2002	158	Gazette 22.8.2002 p3132	1.9.2002: r 2	
2003	200	Gazette 9.10.2003 p3744	9.10.2003: r 2	
2003	263	Gazette 18.12.2003 p4620	18.12.2003: r 2	
2005	3	Gazette 13.1.2005 p80	13.1.2005 except r 6—1.7.1999: r 2 	
2015	5	Gazette 22.1.2015 p345	22.1.2015: r 2	
Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Pt 1			
rr 2 and 3	omitted under the Legislation Revision and Publication Act 2002	13.1.2005	
Pt 2			
r 6			
r 6(1)	substituted by 5/2015 r 4(1)	22.1.2015	
r 6(2)	deleted by 5/2015 r 4(1)	22.1.2015	
r 6(9)	varied by 5/2015 r 4(2)	22.1.2015	
r 6A	inserted by 263/2003 r 4	18.12.2003	
r 7	deleted by 5/2015 r 5	22.1.2015	
r 8	varied by 263/2003 r 5	18.12.2003	
r 8(1)	varied by 3/2005 r 4	13.1.2005	
Pt 2A	inserted by 263/2003 r 6	18.12.2003	
Pt 3			
r 12			
r 12(1)	substituted by 5/2015 r 6	22.1.2015	
r 12(5)	inserted by 3/2005 r 5	13.1.2005	
r 12AAA	inserted by 5/2015 r 7	22.1.2015	
r 12AA	inserted by 3/2005 r 6	1.7.1999	
r 12A	inserted by 200/2003 r 4	9.10.2003	
Sch 1	inserted by 263/2003 r 7	18.12.2003	
Transitional etc provisions associated with regulations or variations
Police Superannuation Variation Regulations 2003, Sch 1 (No 263 of 2003)
1—Transitional provision
If the Board has, before the commencement of these regulations, been served with a splitting instrument in respect of a pension that is in the payment phase, the relevant non-member spouse may make an election under section 38S(2)(b) of the Act within 3 months after the day on which these regulations come into operation.
Historical versions
13.1.2005