South Australia
Superannuation Regulations 2001
under the Superannuation Act 1988

Contents
Part 1—Preliminary
1	Short title
4	Interpretation
Part 2—Election of members of Board
5	Interpretation
6	Election of members
7	Timetable for elections
8	Persons eligible to vote
9	Nominations
10	Election without ballot
11	Ballot papers
12	Electoral material to be provided with ballot papers
13	Voting
14	Duplication and late return of ballot papers
15	Counting of votes
16	Scrutineers
17	Declaration of election
Part 3—Commutation of pensions
Division 1—Preliminary
18	Interpretation
Division 2—Commutation of pensions
19	Right to apply for commutation
20	Commutation factors
Division 3—General
21	Restriction on commutation
22	Adjustment of commutation factors
23	Rounding off lump sums
Part 4—Salary
Division 1—Non TEC salary
24	Interpretation
25	Exclusion of certain remuneration from salary
26	Exclusion of non-monetary remuneration
27	Prescription of enterprise agreements
Division 2—TEC salary
28	Proportion of remuneration package that is salary
Division 3—Related provisions
29	Salary in relation to fixed term appointments
29A	Special provision relating to certain TEC contracts without tenure
29B	Special provision relating to certain transferred contributors
30	Election to reduce salary
Part 4A—Non-member spouse entitlements
30A	Procedure for payment of lump sum
30B	Procedure for payment of pension
30C	Associate pension
Part 5—General
31	Prescribed authorities etc
32	Fund's share of administration costs
33	Removal or variation of conditions on benefits
34	Classification of contributors as old scheme contributors
35	Contributions by employee on leave without pay
36	Notice to the Board on retrenchment
37	Notice to the Board on invalidity
38	Minimum pension payable to eligible children
39	Payment in case of pensioner who is incompetent
40	Employment of medical practitioner
41	Notification to Board on change in working hours
Schedule 1—Factors for determination of associate pension
Legislative history

Part 1—Preliminary
1—Short title
These regulations may be cited as the Superannuation Regulations 2001.
4—Interpretation
In these regulations, unless the contrary intention appears—
the Act means the Superannuation Act 1988;
the revoked regulations means the Superannuation Regulations 1988 revoked by regulation 3;
the South Australian Superannuation Scheme or the 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—Election of members of Board
5—Interpretation
In this Part, unless the contrary intention appears—
hour of nomination means the hour by which nominations must be received by the Electoral Commissioner;
voter means a person who is, by virtue of regulation 8, eligible to vote at an election.
6—Election of members
The election of members of the Board must be conducted by the Electoral Commissioner in accordance with this Part.
7—Timetable for elections
	(1)	The Electoral Commissioner must publish in a daily newspaper circulating throughout the State a notice setting out the timetable for each election held under this Part.
	(2)	The notice must—
	(a)	fix the date (not being less than 14 days from publication of the notice) and the hour by which nominations must be received by the Electoral Commissioner; and
	(b)	fix the date on or before which the Commissioner will post ballot papers to voters or give ballot papers to employers for distribution to voters; and
	(c)	fix the date (not being less than 21 days nor more than 28 days after the date fixed under paragraph (b)) and the hour by which completed ballot papers must be returned to the Electoral Commissioner.
	(3)	The Electoral Commissioner must determine the timetable in consultation with the Board.
8—Persons eligible to vote
	(1)	Persons who were—
	(a)	contributors as defined in section 4(1) of the Act; or
	(b)	members of the Southern State Superannuation Scheme established by the Southern State Superannuation Act 1994,
on the day preceding the day on which notice was published under regulation 7 are eligible to vote at the election.
	(2)	The Board must within 7 days after the notice was published give the Electoral Commissioner a list of the voters who are eligible to vote at the election.
9—Nominations
A nomination for election must be—
	(a)	in a form approved by the Electoral Commissioner; and
	(b)	signed by at least ten voters; and
	(c)	received by the Electoral Commissioner at or before the hour of nomination.
10—Election without ballot
	(1)	If the number of persons nominated is the same or less than the number of vacancies to be filled by election, the Electoral Commissioner must, by notice in a daily newspaper circulating throughout the State and in the Gazette, declare that the vacancy or vacancies has or have been filled by the person or persons nominated.
	(2)	If the number of persons nominated is greater than the number of vacancies to be filled the following regulations apply.
11—Ballot papers
	(1)	The Electoral Commissioner must provide each voter with a ballot paper and an envelope addressed to the Commissioner for the purpose of returning the ballot paper after completion.
	(2)	The names of the candidates must appear on the ballot papers in a vertical list in an order determined by the Electoral Commissioner by lot.
	(3)	If ballot papers are not printed on watermarked paper they must be initialled by the Electoral Commissioner or by a person authorised for that purpose by the Commissioner.
	(4)	The Electoral Commissioner may provide a voter with a ballot paper and envelope—
	(a)	by posting the ballot paper and envelope to the voter at his or her last known address; or
	(b)	by giving the ballot paper and envelope to the voter's employer to give to the voter.
12—Electoral material to be provided with ballot papers
	(1)	Subject to this regulation, the Electoral Commissioner must, at the request of a candidate, include with ballot papers provided to voters material provided by the candidate promoting the candidate's election.
	(2)	Promotional material must be provided to the Commissioner at or before the hour of nomination.
	(3)	The material must not include more than 200 words nor more than one photograph and may be printed by the Commissioner in such form as he or she thinks fit for the purpose of posting or distributing to voters.
13—Voting
	(1)	A voter who wishes to vote must—
	(a)	indicate on the ballot paper the candidate to whom the voter gives his or her first preference and the voter may indicate the order of his or her preference for the other candidates; and
	(b)	place the ballot paper in the envelope provided, seal the envelope and sign it; and
	(c)	return the envelope to the Electoral Commissioner.
	(2)	A voter's preference for candidates must be indicated by consecutive numbers (commencing with the number "1") placed in the squares opposite the names of the candidates on the ballot paper.
14—Duplication and late return of ballot papers
	(1)	If more than one ballot paper is returned under the name of the same voter all, except the first to be returned, will be rejected or, if the Electoral Commissioner does not know which was returned first, all, except the first to be recorded against the name of the voter, will be rejected.
	(2)	If more than one ballot paper is returned in an envelope none of the ballot papers returned in that envelope will be counted.
	(3)	A ballot paper returned to the Electoral Commissioner after the close of the poll will not be counted.
15—Counting of votes
The following provisions apply to the counting of votes:
	(a)	after counting first preferences the candidate with the fewest first preferences must be excluded and if more candidates remain than the number of vacancies to be filled each ballot paper counted to the excluded candidate must be counted to the candidate (if any) next in order of the voter's preference;
	(b)	this process must be continued until the number of candidates remaining is equal to the number of vacancies to be filled;
	(c)	where two candidates have an equal number of votes and one of them must be excluded the Electoral Commissioner must determine the question by lot.
16—Scrutineers
	(1)	Subject to subregulation (2), the Electoral Commissioner may permit such scrutineers as he or she thinks fit to be present at the counting of votes.
	(2)	A candidate in the election cannot be a scrutineer.
17—Declaration of election
When the number of candidates remaining is equal to the number of vacancies to be filled the Electoral Commissioner must by notice in a daily newspaper circulating throughout the State and in the Gazette declare that the candidate or candidates has or have been elected to fill the vacancy or vacancies.

Part 3—Commutation of pensions
Division 1—Preliminary
18—Interpretation
For the purposes of this Part a pensioner's annual pension is the pensioner's fortnightly pension multiplied by 313 and divided by 12.

Division 2—Commutation of pensions
19—Right to apply for commutation
	(1)	A pensioner referred to in the left column of the following table may apply to the Board for commutation of the whole or a part of his or her pension in accordance with this Division during the period set out in the right column of the table:

Pensioner who may commute	Period for application	
A pensioner who is entitled to a retirement pension	within 3 months after the pension first becomes payable.	
A pensioner in receipt of an invalidity pension (subject to subregulation (1a))	within 3 months after reaching the age of retirement.	
A pensioner in receipt of a retrenchment pension	within 3 months after the pensioner reaches the age of 55 years or the pension first becomes payable, whichever is later.	
A contributor who resigns before reaching 55 years of age pursuant to a voluntary separation package and is entitled to a pension under section 39A(3g) of the Act	within 3 months after the pension first becomes payable.	
A non-member spouse who is entitled under section 43AO(2)(b) of the Act to have the whole of his or her share in a superannuation interest commuted to a lump sum	within 3 months of the operative time.	
	(1a)	A pensioner in receipt of an invalidity pension may apply to the Board to commute up to 20 per cent of the pension in accordance with this Division at any time before he or she reaches the age of retirement.
	(2)	The spouse of a deceased contributor who is entitled to a pension may apply to the Board for commutation of the whole or part of the pension in accordance with this Division—
	(a)	within 6 months after the death of the contributor; or
	(b)	where the pension has been suspended under section 45 of the Act—within 3 months after the spouse first becomes entitled to the pension.
	(2a)	For the purposes of section 43AO(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.
	(3)	Where a pension payable to a spouse is reduced (but not suspended) under section 45 of the Act, an application for commutation of the part of the pension previously denied to the spouse may be made within 3 months after he or she first becomes entitled to it (but only if a part or the whole of the other part of the pension has already been commuted).
	(4)	Where—
	(a)	part only of a retrenchment pension is available to a pensioner because the pension is reduced under section 45 of the Act; and
	(b)	the pensioner has commuted the whole, or a part, of that part of the pension,
the pensioner may, in accordance with this Division within 3 months after he or she reaches the age of retirement, commute the whole or a part of the part of the pension previously denied to him or her because of the reduction.
	(5)	The Board must commute the pension within one month after receiving the application and must pay the lump sum within 14 days after commutation.
	(6)	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.
	(7)	A person who has applied successfully to the Board for commutation of part of a pension under a preceding subregulation may not apply to the Board for a further commutation in relation to the pension under that subregulation.
20—Commutation factors
The following tables set out commutation factors:
	(a)	in the case of a pension payable to a contributor—

Age at time of commutation	Amount of lump sum for each dollar of annual pension commuted	
less than 55	$11.50	
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	
67 – 68	$9.10 – $8.80	
68 – 69	$8.80 – $8.50	
69 – 70	$8.50 – $8.20	
70 – 71	$8.20 – $7.90	
71 – 72	$7.90 – $7.60	
72 – 73	$7.60 – $7.30	
73 – 74	$7.30 – $7.00	
74 – 75	$7.00 – $6.70	
	(b)	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	
less than 50	$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	
	(c)	in the case of—
	(i)	a non-member spouse who elects under section 43AO(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 43AO(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	
	(d)	in the case of an invalid pensioner who elects under regulation 19(1a) to commute up to 20 per cent of his or her pension to a lump sum prior to reaching the age of retirement—

Age at date of commutation	Amount of lump sum for each dollar of annual pension commuted	
less than 50	$7.70	
50 - 55	$7.70 - $7.30	
55 - 60	$7.30 - $6.50	

Division 3—General
21—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).
22—Adjustment of commutation factors
When determining the amount of the lump sum payable on commutation the commutation factor must be adjusted proportionately to the age of the applicant expressed in years and completed months.
23—Rounding off lump sums
When determining the amount of a lump sum payable on commutation the Board may round the amount to the nearest dollar.

Part 4—Salary
Division 1—Non TEC salary
24—Interpretation
In this Division, unless the contrary intention appears—
salary means salary as defined by the second definition of salary in section 4(1) of the Act.
25—Exclusion of certain remuneration from salary
	(1)	Subject to this regulation, the following allowances and payments are excluded from the definition of salary in the Act:
district and locality allowances;
construction or industry allowances not being those paid on an annual basis;
on call allowances not being those paid on an annual basis;
travelling allowances;
meal allowances;
living away from home allowances;
shift work allowances;
allowances for work on public holidays or weekends not being those paid on an annual basis;
special justices allowances;
underground allowances;
payments for overtime at penalty rates;
allowances for rent, house allowed rent free, light and fuel.
	(2)	A higher duties allowance is excluded from the definition of salary in the Act for the purpose of calculating contributions and where such an allowance has been paid for a continuous period of less than 12 months it is excluded from the definition of salary for the purposes of calculating benefits as well but where such an allowance has been paid for a continuous period of 12 months or more, it will, subject to subregulation (3), be included as a component of salary for the purpose of calculating benefits.
	(3)	Where the amount of the allowances 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 for the purpose of calculating benefits at the lowest level paid during that period.
	(4)	In subregulation (2)—
higher duties allowance does not include remuneration received by a contributor pursuant to a fixed term appointment within the meaning of regulation 29.
	(5)	Allowances or other payments in respect of membership of a statutory body are excluded from the definition of salary.
	(6)	The following allowances and payments are excluded from the definition of salary:
	(a)	an allowance to compensate an employee for being denied a right of private practice or for being unable to exercise a right of private practice because of the nature of his or her employment;
	(b)	an allowance or payment to compensate an employee in respect of money that was earned by the employee in the exercise of a right of private practice but was paid to his or her employer.
	(7)	Expense allowances paid to the Agent‑General are a component of the Agent‑General's salary for the purposes of the definition of salary.
	(8)	This regulation does not exclude an allowance or payment from the definition of salary in the Act that was paid to an employee and treated as salary at the commencement of the Act unless the employee has elected, by notice in writing to the Board, to exclude the allowance or payment for the purpose of determining his or her salary.
26—Exclusion of non-monetary remuneration
Where a non-monetary component of a contributor's remuneration that is excluded from the definition of salary is changed—
	(a)	to a monetary amount that is included as salary under the Act and these regulations for the purpose of determining both contributions and benefits; or
	(b)	to another form of non-monetary remuneration that is included as salary under section 4(2c) of the Act for the purpose of determining both contributions and benefits,
the amount of the contributor's salary will be taken not to include that component for the purpose of determining benefits unless at least five years has elapsed since the change occurred and the value of the component has been included as a component of salary for the purpose of calculating contributions continuously since the change occurred.
27—Prescription of enterprise agreements
The following enterprise agreements are prescribed for the purposes of section 4(2c)(b) of the Act:
	(aa)	Adelaide Festival Centre, Professional and Administration Agreement 2001;
	(a)	Carclew Youth Arts Centre Enterprise Agreement No. 3;
	(b)	Country Arts SA Enterprise Agreement No. 3;
	(c)	Department of Administrative and Information Services—Forestry SA Enterprise Agreement 1999;
	(d)	Department of Human Services Medical Officers Enterprise Agreement 2001;
	(e)	the Flinders University of South Australia Certified Agreement 1997–1999;
	(ea)	House of Assembly Enterprise Agreement 2002;
	(f)	the Land Management Corporation Enterprise Agreement 2000;
	(g)	Legal Services Commission of South Australia Enterprise Agreement 1999;
	(gaa)	Legislative Council Enterprise Agreement 2002;
	(ga)	Nurses' (South Australian Public Sector) Enterprise Agreement 2001;
	(gab)	Parliament (Joint Services) Act 1985 Enterprise Agreement 2002;
	(h)	Ports Corp South Australia Enterprise Bargaining Agreement 2000–2001;
	(i)	the Public Trustee Office Enterprise Agreement 2000;
	(ia)	SA Water Corporation Enterprise Agreement 2001;
	(ib)	South Australian Education Staff (Government Preschools, Schools and TAFE) Certified Agreement 2002;
	(j)	the South Australian Government Wages Parity Enterprise Agreement 1999;
	(jaa)	State Governor's Establishment Enterprise Agreement 2002;
	(ja)	TransAdelaide Infrastructure Certified Agreement 2001;
	(jb)	TransAdelaide Maintenance Certified Agreement 2001;
	(jc)	TransAdelaide Operations Certified Agreement 2001;
	(jd)	TransAdelaide Salaried, Professional and Technical Employees Certified Agreement 2001;
	(k)	the University of South Australia Academic and General Staff Enterprise Agreement 2000;
	(l)	the University of South Australia Security and Grounds Staff Enterprise Agreement 2000;
	(m)	West Beach Trust Enterprise Agreement 2002.

Division 2—TEC salary
28—Proportion of remuneration package that is salary
	(1)	Subject to this regulation and to Division 3, the proportion of the value of the total remuneration package specified in a TEC contract for the purposes of the first definition of salary in section 4(1) of the Act is—
	(a)	in respect of a new scheme contributor—82.5 per cent;
	(b)	in respect of an old scheme contributor—78.5 per cent.
	(2)	Where a component of the total remuneration package specified in a TEC contract is—
	(a)	a higher duties allowance; or
	(b)	a bonus; or
	(c)	an allowance to compensate an employee for being denied a right of private practice or for being unable to exercise a right of private practice because of the nature of his or her employment; or
	(d)	an allowance or payment to compensate an employee in respect of money that was earned by the employee in the exercise of a right of private practice but was paid to his or her employer,
the amount of the contributor's salary for the purpose of determining both contributions and benefits will be taken to be an amount equivalent to the relevant proportion prescribed by subregulation (1) of the value of the total remuneration package excluding the value of that component.
	(3)	If, on the commencement of regulation 24AC of the revoked regulations, the salary of a contributor whose salary is to be determined under the first definition of salary in section 4(1) of the Act would have been less than it would be if determined under the second definition of salary in the Act, the proportion of the value of the total remuneration package specified in the contributor's TEC contract is the proportion that ensures that the value of the contributor's salary under both definitions of salary in the Act was the same at the commencement of that regulation.
	(4)	The proportion determined under subregulation (3) as at the commencement of regulation 24AC of the revoked regulations will continue to apply in relation to the contributor during his or her membership of the Scheme.

Division 3—Related provisions
29—Salary in relation to fixed term appointments
	(1)	This regulation applies to, and in relation to, a contributor whether he or she is employed pursuant to a TEC contract or not.
	(2)	Subject to subregulations (4) and (5), where a contributor has, during his or her membership of the Scheme, been appointed to a higher position for a limited term of less than five years, the contributor's salary for the purpose of determining contributions and benefits will, during the term of the appointment, be taken to be the contributor's basic salary.
	(3)	Subject to subregulation (7), where a contributor has, during his or her membership of the Scheme, been appointed to a higher position for a limited term of five years or more, the contributor's salary for the purpose of determining contributions and benefits will thereafter be taken to be the highest level of salary achieved by the contributor during his or her membership of the Scheme.
	(4)	A contributor who has been appointed to a higher position for a limited term of less than five years will be taken, for the purposes of subregulations (2) and (3), to have been appointed for a term of five years or more if the term of that appointment when aggregated with the term of a previous appointment or appointments to higher positions during the contributor's membership of the scheme is five years or more.
	(5)	A contributor who has been appointed to a higher position for a limited term of less than five years will, if the term is extended to five years or more, be taken, for the purposes of subregulations (2) and (3) to have been appointed for a term of five years or more on the day on which the term is extended.
	(6)	The highest level of salary achieved by the contributor will be determined by comparing the salary levels for the time being of all positions held by the contributor during his or her membership of the Scheme and the following provisions will apply for the purpose of the comparison:
	(a)	where the salary applicable to the position that the contributor holds or to a position previously held by the contributor has been reduced (except for disciplinary reasons) or the position has ceased to exist, the salary of the position will be taken to be—
	(i)	where the salary has been reduced—the salary of that position on the last day on which the contributor was employed in the position before the reduction;
	(ii)	where the position has ceased to exist and subparagraph (i) does not apply—the salary of that position on the last day on which the contributor was employed in the position,
adjusted to reflect changes in the Consumer Price Index between that day and the day on which the comparison is made;
	(b)	where the contributor holds, or held, a position pursuant to special conditions as to salary negotiated with his or her employer, the salary of the position will be taken to be the salary for the time being of the position (or the notional salary of the position determined under paragraph (a) if applicable) increased in accordance with the special conditions.
	(7)	The contributor's salary for the purposes of determining contributions and benefits will be taken to be the contributor's basic salary if the contributor has, by notice in writing to the Board within two months of the commencement of the fixed term appointment referred to in subregulation (3), made an election to that effect.
	(8)	An election referred to in subregulation (7) cannot be revoked and, as well as applying in relation to the fixed term appointment in relation to which it was made, applies also in relation to all subsequent periods served by the contributor pursuant to fixed term appointments.
	(9)	An election made by an officer of the teaching service before regulation 24B of the revoked regulations came into force under the corresponding regulation in force at that time will be taken to be an election referred to in subregulation (7) of this regulation.
	(10)	A person who is employed pursuant to a fixed term appointment when he or she becomes a member of the Scheme will be taken, for the purposes of this regulation, to have been appointed to the higher position on the day on which he or she became a member of the Scheme.
	(11)	Subregulations (3) and (4) do not apply to, or in relation to, the appointment of a contributor to a higher position for a limited term of two years or less if that term commences during the limited term of an existing appointment and expires on or before the end of the longer term.
	(11a)	Any determination of salary under this regulation must, if relevant, take into account, and operate subject to, the provisions of regulation 29A.
	(12)	In this regulation, unless the contrary intention appears—
basic salary in relation to a contributor on a particular day means—
	(a)	where the contributor was not employed pursuant to a fixed term appointment on that day—the contributor's salary on that day;
	(b)	where the contributor was employed pursuant to a fixed term appointment on that day—the salary for the time being payable in respect of the position (or an equivalent position) held by the contributor immediately before the commencement of the fixed term appointment or, where the contributor has held two or more consecutive fixed term appointments, immediately before the commencement of the first of those appointments;
fixed term appointment in relation to a contributor means the appointment of the contributor to a higher position for a limited term;
higher position in relation to a contributor means a position in which the salary, or the aggregate of the various components of the salary, received by the contributor exceeds the salary, or the aggregate of the various components of the salary, received by the contributor in the same or some other position held by the contributor immediately before appointment to the higher position;
salary means the salary defined by the first or second definitions of salary in the Act as modified by the provisions of Division 1 or 2 applicable from time to time in relation to a contributor.
29A—Special provision relating to certain TEC contracts without tenure
	(1)	Despite any other regulation (and despite any provision to the contrary in the Act), but subject to subregulation (2), if a contributor employed pursuant to a TEC contract without tenure has, at any time before he or she entered into that contract, been employed pursuant to a TEC contract with tenure (including such a contract at a lower position and including such a contract entered into before the commencement of this regulation), then, during the first 12 months of employment pursuant to the TEC contract without tenure, 86.9565% of the proportion of the value of the total remuneration package specified in the contract that applies under regulation 28 will be taken to be the contributor's salary for the purpose of determining contributions and benefits with respect to the contributor's membership of the Scheme.
	(2)	Subregulation (1) does not apply—
	(a)	in respect of a contributor who has been previously employed pursuant to another TEC contract without tenure, other than where the contributor, at any time after the end of that TEC contract without tenure, was employed pursuant to a TEC contract with tenure or was employed in a position with permanency; or
	(b)	for the purpose of determining benefits with respect to a contributor's membership of the Scheme in a case involving—
	(i)	the invalidity of the contributor (irrespective of the age of the contributor); or
	(ii)	the termination of the relevant contract by an act of the employer (including a retrenchment); or
	(iii)	the death of the contributor.
	(3)	In this regulation—
TEC contract with tenure, in relation to a contributor, means a TEC contract—
	(a)	that provides that the contributor will be entitled to some other specified appointment as an employee (without any requirement for selection processes to be conducted) in the event that he or she is not reappointed to the position held under the contract at the end of a term of appointment or employment or in other circumstances specified in the contract (whether or not the contract is under Part 7 of the Public Sector Management Act 1995); or
	(b)	that is under Part 7 of the Public Sector Management Act 1995 and does not exclude the operation of subsection (5) of section 34 of the Public Sector Management Act 1995 (being a contract under section 34 of that Act that does not make provision for an appointment in the manner and circumstances contemplated by subsection (4) of that section);
TEC contract without tenure, in relation to a contributor, means a TEC contract that is not a TEC contract with tenure.
29B—Special provision relating to certain transferred contributors
	(1)	Subregulation (2) applies to a contributor who—
	(a)	is employed by a relevant entity; and
	(b)	is, while retaining his or her position with the entity (the substantive position), occupying an alternative position whereby he or she is working within or for an administrative unit (the alternative position).
	(2)	Despite any other regulation (and despite any provision to the contrary in the Act), the salary of a contributor to whom this subregulation applies will, for the purpose of determining contributions and benefits, be taken to be—
	(a)	if the contributor has occupied the alternative position for less than 12 months—the salary received by the contributor in respect of the substantive position immediately before beginning to occupy the alternative position; and
	(b)	if—
	(i)	the contributor has occupied the alternative position for 12 months or more; and
	(ii)	the contributor's remuneration in respect of that position is the same as, or less than 25 per cent higher than, his or her remuneration in respect of the substantive position immediately before beginning to occupy the alternative position,
the salary received by the contributor in respect of the alternative position; and
	(c)	if—
	(i)	the contributor has occupied the alternative position for 12 months or more; and
	(ii)	the contributor's remuneration in respect of that position is at least 25 per cent higher than his or her remuneration in respect of the substantive position immediately before beginning to occupy the alternative position,
salary calculated in accordance with subregulation (4).
	(3)	Despite any other regulation (and despite any provision to the contrary in the Act), the salary of a contributor who transfers from employment with a relevant entity to employment with an administrative unit, and whose employment with the entity ceases on or following the transfer, will, for the purpose of determining contributions and benefits, be taken to be—
	(a)	if the contributor's remuneration in respect of employment with the administrative unit is the same as, or less than 25 per cent higher than, his or her remuneration in respect of employment with the entity immediately before his or her transfer to the administrative unit—the salary received by the contributor in respect of his or her employment with the administrative unit; and
	(b)	if the contributor's remuneration in respect of employment with the administrative unit is at least 25 per cent higher than his or her remuneration in respect of employment with the entity immediately before his or her transfer to the administrative unit—salary determined in accordance with subregulation (4).
	(4)	Salary for the purposes of determining contributions and benefits under subregulation (2)(c) and subregulation (3)(b) is to be determined in accordance with the following formula:

Where—
S is the salary
S1 is the highest level of salary received by the contributor while employed by, and undertaking duties for, the relevant entity, adjusted to reflect any movement in salaries for the same classification with that employer
S2 is the salary received by the contributor in respect of his or her employment with the administrative unit, adjusted to reflect any movement in salaries for the same classification with that employer.
	(5)	For the purposes of the definition of S1 and S2 in subregulation (4), if the classification level of the position occupied by a contributor no longer exists when his or her salary is to be determined under that subregulation, adjustments will then be made according to changes in the Consumer Price Index from the day on which the classification level ceased to exist.
	(6)	In this regulation—
administrative unit means an administrative unit under the Public Sector Management Act 1995;
relevant entity means an entity that has entered into an arrangement with the Board under section 5 of the Act.
30—Election to reduce salary
	(1)	A contributor's salary will not be taken under regulation 29 to be the highest level of salary achieved by the contributor if the contributor has made an election under this regulation which has not been revoked.
	(2)	If—
	(a)	the highest level of salary achieved by a contributor was achieved, pursuant to a TEC contract; and
	(b)	the contributor is now receiving a reduced salary (except where the reduction is due to a reduction in hours of employment or for disciplinary reasons),
the contributor may, by written notice to the Board, elect that regulation 29 will not apply to him or her.
	(3)	An election under subregulation (2) that has not been revoked remains in force despite the fact that the requirements of subregulation (2)(a) or (b) are no longer satisfied.
	(4)	Where an election under subregulation (2) is in force, the contributor's salary for the purposes of calculating benefits will be determined in accordance with the following formula:

Where—
S is the salary
S1 is the highest level of salary (as determined in accordance with regulation 29) achieved by the contributor before the contributor's election under subregulation (1) adjusted to reflect changes in the level of remuneration under TEC contracts since the time of that election
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 occurring after the election
S2 is the amount that would, but for this subregulation, have been the contributor's salary for the purpose of determining benefits.
	(5)	Subject to subregulation (6), an election under subregulation (2) cannot be revoked.
	(6)	An election under subregulation (2) may be revoked by the contributor by written notice to the Board if the value in relation to the contributor of S2 in the formula in subregulation (4) exceeds the value of S1 in the formula.

Part 4A—Non-member spouse entitlements
30A—Procedure for payment of lump sum
	(1)	For the purposes of sections 43AJ(5) and 43AP(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.
30B—Procedure for payment of pension
For the purposes of section 43AP(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).
30C—Associate pension
	(1)	For the purposes of section 43AO(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 43AO(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 43AO(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 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 table in Schedule 1 for the relevant type of pension interest and gender of the non-member spouse.

Part 5—General
31—Prescribed authorities etc
The following are prescribed for the purposes of section 5(1)(b) of the Act:
Aboriginal Cultural Institute Incorporated
Aboriginal Lands Trust
A.I.D.S. Council of South Australia Incorporated
Austraining International Pty. Ltd.
Australian Prudential Regulation Authority
Australian Quarantine and Inspection Service
Foundation for Multi-Disciplinary Education in Community Health
Innovation Management Pty. Limited
The Jam Factory Workshops Incorporated
Murray-Darling Basin Commission
The Ombudsman
South Australian Oil and Gas Corporation Pty. Ltd.
32—Fund's share of administration costs
For the purposes of section 17(7)(b) of the Act prescribed percentage is 30.
33—Removal or variation of conditions on benefits
Where the benefits payable to or in relation to a contributor are subject to a condition because the contributor's health at the time of his or her acceptance as a contributor appeared to the Board to create a risk of invalidity or premature death, the Board may, on the basis of medical evidence submitted to it—
	(a)	remove the condition; or
	(b)	vary the condition (but only if the variation is for the benefit of the contributor or of another person in respect of the contributor).
34—Classification of contributors as old scheme contributors
A person who applies for acceptance as a contributor after 31 May, 1986, cannot be classified by the Board as an old scheme contributor unless—
	(a)	immediately before becoming an employee within the meaning of the Act, the applicant was an employee of an instrumentality or agency of the Crown and was a contributor to a superannuation fund or scheme that provided pension benefits to employees of that instrumentality or agency; and
	(b)	the applicant had been a contributor to that superannuation fund or scheme since 31 May, 1986; and
	(c)	the application was made immediately after the applicant became an employee within the meaning of the Act.
35—Contributions by employee on leave without pay
A contributor who is on leave without pay for a period of more than 12 months may, with the Board's approval, elect to make contributions during the period of leave after the first 12 months of leave in the following circumstances:
	(a)	the contributor is participating in an overseas aid programme; or
	(b)	the contributor is on secondment to another employer.
36—Notice to the Board on retrenchment
A notice given to the Board by an employing authority under section 29(5) of the Act must inform the Board of any inquiries made by the employing authority or by the Commissioner for Public Employment as to other suitable employment available to the contributor with that or any other employing authority and the result of those inquiries.
37—Notice to the Board on invalidity
	(1)	The period of notice of termination of employment or resignation pursuant to sections 31(3)(b)(iii) and 37(4)(b)(iii) of the Act is one month.
	(2)	A notice 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 employer 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, available to the contributor with that or any other employer 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.
38—Minimum pension payable to eligible children
For the purposes of section 38(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.
39—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 with a financial institution in the name of the pensioner; 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.
	(3)	In this regulation—
financial institution has the meaning given to it by the Financial Institutions Duty Act 1983.
40—Employment of medical practitioner
The Board must employ a medical practitioner to advise it on matters relating to the state of health of contributors.
41—Notification to Board on change in working hours
Where there is a reduction in the time worked by a contributor in full‑time employment or a reduction or increase in the time worked by a contributor in part‑time employment, the employer must, by notice in writing given to the Board within 14 days of the change, inform the Board of—
	(a)	the date of the change; and
	(b)	the contributor's salary after the change and the salary that the contributor would receive if in full-time employment; and
	(c)	the period during which the changed time is likely to apply; and
	(d)	any illness or disability known to the employer that has caused or contributed to the change.

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.
Legislation revoked by principal regulations
The Superannuation Regulations 2001 revoked the following:
Superannuation Regulations 1988
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2001	145	Gazette 28.6.2001 p2455	1.7.2001: r 2	
2001	190	Gazette 9.8.2001 p2915	9.8.2001: r 2	
2001	241	Gazette 1.11.2001 p4818	1.11.2001: r 2	
2002	29	Gazette 16.5.2002 p1917	16.5.2002: r 2	
2002	190	Gazette 3.10.2002 p3598	3.10.2002: r 2	
2003	41	Gazette 17.4.2003 p1778	17.4.2003: r 2	
2003	261	Gazette 18.12.2003 p4606	18.12.2003: r 2	
2004	238	Gazette 18.11.2004 p4361	18.11.2004: r 2 	
2005	1	Gazette 13.1.2005 p72	13.1.2005: r 2 	
2005	245	Gazette 24.11.2005 p4024	24.11.2005: r 2 	
Provisions varied
New entries appear in bold.
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	18.12.2003	
Pt 3			
r 19			
r 19(1)	varied by 261/2003 r 4(1)	18.12.2003	
	varied by 1/2005 r 4(1)	13.1.2005	
r 19(1a)	inserted by 1/2005 r 4(2)	13.1.2005	
r 19(2)	varied by 1/2005 r 4(3)	13.1.2005	
r 19(2a)	inserted by 261/2003 r 4(2)	18.12.2003	
r 19(4)	varied by 1/2005 r 4(4)	13.1.2005	
r 19(7)	inserted by 1/2005 r 4(5)	13.1.2005	
r 20			
r 20(1)	varied by 261/2003 r 5	18.12.2003	
	varied by 1/2005 r 5(1), (2)	13.1.2005	
Pt 4			
Pt 4 Div 1			
r 25			
r 25(1)	varied by 1/2005 r 6	13.1.2005	
r 27	varied by 190/2001 r 3	9.8.2001	
	varied by 29/2002 r 3	16.5.2002	
	varied by 190/2002 r 3	3.10.2002	
	varied by 41/2003 r 4	17.4.2003	
Pt 4 Div 3			
heading	substituted by 238/2004 r 4	18.11.2004	
r 29			
r 29(11a)	inserted by 238/2004 r 5	18.11.2004	
r 29(12)			
fixed term appointment	varied by 190/2001 r 4	9.8.2001	
r 29A	inserted by 238/2004 r 6	18.11.2004	
r 29A(1)	varied by 1/2005 r 7	13.1.2005	
r 29B	inserted by 1/2005 r 8	13.1.2005	
	substituted by 245/2005 r 4	24.11.2005	
Pt 4A	inserted by 261/2003 r 6	18.12.2003	
Pt 5			
r 31	varied by 241/2001 r 3	1.11.2001	
	varied by 29/2002 r 4	16.5.2002	
Sch 1	inserted by 261/2003 r 7	18.12.2003	
Transitional etc provisions associated with regulations or variations
Superannuation Variation Regulations 2003 (No 261 of 2003), Sch 1 
1—Transitional provisions
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 43AO(2)(b) of the Act within 3 months after the day on which these regulations come into operation.
Superannuation (Transferred Contributors) Variation Regulations 2005 (No 245 of 2005), Sch 1 
1—Transitional provision
If an amount taken to be salary under regulation 29B of the Superannuation Regulations 2001 is, for the purpose of determining contributions in relation to a contributor between 13 January 2005 and the day on which these regulations come into operation, higher than the amount taken to be salary under that regulation as recast by regulation 4 of these regulations, the Board may determine the contributor's contributions for that period on the basis of the lower amount.
Historical versions
Reprint No 1—9.8.2001		
Reprint No 2—1.11.2001		
Reprint No 3—16.5.2002		
Reprint No 4—3.10.2002		
Reprint No 5—17.4.2003		
Reprint No 6—18.12.2003		
18.11.2004		
13.1.2005