3Employees of Association
transferring from employment as police officers
(1)
(a)
Where, after the commencement of this Act, any
person resigns his or her office as a member of the police force and:
(i)
transfers without break in service to the
employment of the Association,
(ia)
has not made provision for a benefit under
section 9B of the Police Regulation
(Superannuation) Act 1906 (Preserved benefit),
and
(ii)
has, before he or she so resigns, requested the
Minister by notice in writing that the provisions of section 17 (1) of the
Police Regulation (Superannuation) Act
1906 not apply to him or her,
the provisions of this section shall have effect in
respect of that person (who is in this section referred to as the
prescribed person).
(b)
Without affecting the generality of paragraph
(a), a person shall for the purposes of that paragraph be deemed to have
transferred without break in service to the employment of the Association if,
after the commencement of this Act, he or she resigns his or her office as a
member of the police force and on the working day of the Association next
following the date on which his or her resignation takes effect commences in
the employment of the Association.
(c)
The provisions of section 17 (1) of the Police Regulation (Superannuation) Act
1906 shall not apply to the prescribed
person.
(2)
STC may, subject to this section, approve the
payment of:
(a)
such annual superannuation allowance to the
prescribed person, or
(b)
such gratuity to the prescribed person, or to or
on behalf of some other person,
(as the case requires) out of the Fund as would be
payable to the prescribed person or to that other person under section 7, 7AA,
8A, 9B, 12F, 12G, 13 or 14 of the Police Regulation
(Superannuation) Act 1906 if the prescribed person had
been a member of the police force and if the prescribed person or that other
person had been eligible for that allowance or gratuity.
(2AA)
The granting of approval under subsection (2) is
subject to:
(a)
the payment, in such manner as STC may direct, by
the prescribed person into the Fund of sums equivalent to the deductions that
would have been made from that person’s salary of office under section 5
of the Police Regulation
(Superannuation) Act 1906 and the amounts that would have
been required to be paid into the Fund under section 5A of that Act if that
person had not resigned office as a member of the police force,
and
(b)
the payment, in such manner as STC directs, by
the Association into the Fund of employer contributions in respect of that
person, and
(c)
in the case of a benefit of a kind payable under
section 12F or 12G of that Act, compliance with any applicable requirements of
any regulations made under section 12H of that Act.
(2AB)
In subsection (2AA) (b), the reference to
employer contributions is a reference to the amounts that STC, on actuarial
advice, determines to be the Association’s liability, for the period to
which the payment relates, to contribute towards the provision of
superannuation benefits for the prescribed person.
(2AC)
Section 5AD of the Police
Regulation (Superannuation) Act 1906 applies, with any
necessary modifications, in respect of an amount required to be paid under
subsection (2AA) (a) by the prescribed person in the same way as it applies to
an amount required to be deducted under section 5 of that
Act.
(2A)
Where the superannuation allowance of a retired
member of the police force under section 7 or 7AA of the Police
Regulation (Superannuation) Act 1906 is increased or
reduced, any superannuation allowance that would be payable under subsection
(2) to the prescribed person had he or she been that member shall be increased
or reduced, as the case may be, to the same extent.
(2B)
For the purpose of the application of section 8A
of the Police Regulation
(Superannuation) Act 1906 to the prescribed person:
(a)
STC may offer the prescribed person a
disengagement benefit under that section if the prescribed person is
retrenched (within the meaning of the State Authorities
Superannuation Act 1987), and
(b)
subsections (2), (5), (6), (7) and (9) of that
section apply, and the other provisions of that section do not apply, to the
prescribed person.
(3)
(4)
Subject to this section, service by the
prescribed person as a member of the police force, as well as service by him
or her as an employee of the Association, shall be taken into account for
calculating any annual superannuation allowance or gratuity under subsection
(2).
(5)
Where the prescribed person resigns or is
dismissed or discharged from the employment of the Association before he or
she attains the age of sixty years and is not entitled to be granted a
superannuation allowance or gratuity under this Act, there shall, irrespective
of the cause of his or her resignation, dismissal or discharge, be paid to him
or her from the Fund a lump sum equal to the difference between:
(a)
the total amount of:
(i)
the sums deducted under section 5, or deemed to
have been deducted under section 5A, of the Police Regulation
(Superannuation) Act 1906 from the salary of office of the
prescribed person before he or she resigned his or her office as a member of
the police force, and
(ii)
the sums (if any) paid by him or her under
subsection (2AA) (a),
with the addition of interest on those amounts:
(iii)
in the case of a prescribed person who resigned
or was discharged (but not in the case of a prescribed person who was
dismissed)—at the rate of 4.5 per cent per annum compounded on 30 June
in each year of service of the prescribed person as an employee of the
Association, and as a member of the police force, during the period beginning
with 23 November 1984 and ending with 30 June 1990, and also compounded on the
date of the resignation or discharge of the prescribed person from employment
by the Association if it occurred during that period, and
(iv)
in the case of all prescribed persons—at
the rate from time to time fixed by STC under section 16 of the State Authorities Superannuation Act
1987, compounded on 30 June in each year of the service of
the prescribed person as an employee of the Association, and as a member of
the police force, from and including 1 July 1990, and also compounded on the
date of the resignation, dismissal or discharge of the prescribed person from
employment by the Association if it occurred on or after 1 July 1990,
and
(b)
any amount received by the prescribed person when
he or she was a member of the police force or after he or she transferred to
the employment of the Association as pension or gratuity before his or her
resignation, dismissal or discharge from the
Association.
The amount payable to the prescribed person under
this subsection shall not be less than the total amount of sums so deducted or
so paid since any amount was last received by him or her under the Police Regulation (Superannuation) Act
1906, or under this Act, as pension or
gratuity.
(5A)
For the purposes of subsection (5) (a)
(iv):
(a)
interest shall not be paid in respect of any
period before the day appointed and notified under section 2 (2) of the
Police
Regulation (Superannuation) Amendment Act 1984, and any
sum referred to in subsection (5) (a) that was deducted or paid before that
day shall be deemed to have been deducted or paid on that day,
and
(b)
interest on sums deducted or paid at different
times during the period in respect of which the interest is to be calculated
shall, subject to subsection (5) (a) (iv), be calculated in a manner
determined by STC.
(6)
Where the prescribed person:
(a)
has resigned or retired, or has been dismissed or
discharged, from the employment of the Association before he or she attained
the age of sixty years,
(b)
has received any amount of payment under
subsection (2) or (5), and
(c)
is thereafter re-employed by the
Association,
he or she shall not be entitled by virtue of this Act to
claim any further benefit from the Fund in respect of his or her previous
service in the police force or employment by the Association unless that
amount is repaid into the Fund before the expiration of the period of 6 months
immediately after his or her re-employment by the
Association.
(6A)
Where the prescribed person dies:
(a)
on or after the day appointed and notified under
section 2 (2) of the Police Regulation (Superannuation) Amendment Act
1984, and
(b)
before the prescribed person’s employment
by the Association ceases,
and there is no person to whom a superannuation
allowance or gratuity is payable under this Act in respect of the death of the
prescribed person, the prescribed person shall be deemed to have resigned from
the employment of the Association immediately before the prescribed
person’s death and the amount payable under subsection (5) shall be paid
by STC to the prescribed person’s personal representatives or, where the
prescribed person has no personal representatives, to such persons as STC may
determine.
(7)
Subject to subsection (4), section 9A of the
Police Regulation (Superannuation) Act
1906 applies to and in respect of the prescribed person in
the same way as it applies to and in respect of a member of the police
force.
(7A)
Section 9C of the Police Regulation
(Superannuation) Act 1906 applies to a benefit payable to
or in respect of a prescribed person.
(7B)
Section 9B of the Police Regulation
(Superannuation) Act 1906 applies to a person who becomes
entitled to a lump sum benefit under subsection (5) as if the person had been
a member of the police force and:
(a)
in the case of a person who has reached the age
of 55 years or more at the time of entitlement—as if the person had been
entitled to a superannuation allowance under section 7AA of that Act,
or
(b)
in the case of a person under the age of 55 years
at the time of entitlement—as if the person had been entitled to a
payment under section 17 of that Act.
(8)
(a)
No annual superannuation allowance that would be
payable under section 7 of the Police Regulation
(Superannuation) Act 1906 shall be granted under
subsection (2) to the prescribed person if he or she ceases to be employed by
the Association while under the age of sixty years, unless STC (having regard
to medical advice on the condition and fitness for employment of the
prescribed person) has certified the prescribed person to be incapable, from
infirmity of body or mind, to perform his or her duties as an employee of the
Association.
(b)
No gratuity shall be granted under subsection (2)
to the prescribed person, unless he or she is certified by STC to be unfit for
service as such an employee.
(c)
In this subsection:
medical
advice means the advice of:
(i)
2 members of the Police Medical Board established
under the Police Regulation
(Superannuation) Act 1906, or
(ii)
any one or more medical practitioners nominated
by STC.
(8A)
A superannuation allowance granted to the
prescribed person under subsection (2) may be commuted, in accordance with
Division 3 of Part 4 of the Police Regulation
(Superannuation) Act 1906, as if it were a superannuation
allowance payable to a member of the police force under that
Act.
(9)
If the prescribed person dies:
(a)
after attaining the age of 60 years but before
the person’s employment by the Association ceases,
or
(b)
after the person’s employment by the
Association ceases but before an annual superannuation allowance is granted to
the person under subsection (2),
an annual superannuation allowance equivalent to 62.5
per cent of the annual superannuation allowance which would have been payable
to the person is payable to the person’s surviving spouse or de facto
partner.
Note—
“De facto partner” is defined in
section 21C of the Interpretation Act
1987.
(9A)
A person’s spouse or de facto partner is
entitled to an allowance under subsection (9) only if he or she was the
person’s spouse or de facto partner when the person attained the age of
60 years or when the person died (whichever occurred
first).
(10)
If the prescribed person dies after an annual
superannuation allowance has been granted to the person under subsection (2)
and he or she is survived by a spouse or de facto partner who was his or her
spouse or de facto partner at:
(a)
the date when the allowance was granted if the
allowance was granted to the prescribed person before he or she attained the
age of 60 years, or
(b)
the date when the prescribed person attained the
age of 60 years if the allowance was granted to the prescribed person after he
or she attained that age,
an annual superannuation allowance equivalent to 62.5
per cent of the annual superannuation allowance received by or payable to the
prescribed person is payable to the surviving spouse or de facto
partner.
(10AA)
If a prescribed person to whom a superannuation
allowance has been granted under subsection (2) dies on or after the
commencement of Schedule 1.3 [1] to the Superannuation Legislation Amendment
Act 1997 and he or she is survived by a spouse or de facto
partner:
(a)
who was his or her spouse or de facto partner at
the date when the allowance was granted, if the allowance was granted (whether
because of disablement or otherwise) to the prescribed person before he or she
attained the age of 60 years, or
(b)
who was his or her spouse or de facto partner at
the date when the prescribed person attained the age of 60 years, if the
allowance was granted (whether because of disablement or otherwise) to the
prescribed person after he or she attained the age of 60 years,
or
(c)
who had been the spouse or de facto partner of
the prescribed person for at least the preceding 3 years and became the spouse
or de facto partner of the prescribed person before he or she attained the age
of 60 years, if the allowance was granted because of
disablement,
an annual superannuation allowance equivalent to 62.5
per cent of the annual superannuation allowance received by or payable to the
prescribed person is payable to the spouse or de facto
partner.
(10A)
Where, but for the person’s death, the
superannuation allowance received by, or payable to, the prescribed person
would have been increased or reduced, the superannuation allowance payable to
the person’s spouse or de facto partner pursuant to subsection (10) or
(10AA) shall be increased or reduced, as the case may be, to an amount
equivalent to 62.5 per cent of the superannuation allowance that would have
been received by, or payable to, that prescribed person, had the person not
died.
(11)
An annual superannuation allowance payable to a
spouse or de facto partner under subsection (9) or (10) or (10AA) is suspended
during any period he or she is married.
(11A)
Where an annual superannuation allowance which is
suspended by reason of subsection (11) would have been increased or reduced,
as the case may require, pursuant to this Act but for the enactment of
subsection (11), the allowance shall be so increased or reduced, but nothing
in this subsection operates so as to authorise or require the payment of the
allowance or any part thereof during the period it is so
suspended.
(11B)
Where, but for this subsection, a spouse or de
facto partner would be entitled:
(a)
to more than 1 annual superannuation allowance
under subsection (9) or (10) or (10AA), or
(b)
to an annual superannuation allowance under
subsection (9) or (10) or (10AA) and to an annual superannuation allowance
under section 11A or 12 of the Police Regulation
(Superannuation) Act 1906,
the spouse or de facto partner shall be entitled to only
1 of those allowances, being (where they are not equal) the greater or
greatest of them.
(11C), (11D)
(11E)
An annual superannuation allowance is not payable
under this section as the consequence of the death of the prescribed person if
the prescribed person commuted under subsection (8A) a superannuation
allowance payable to the prescribed person under this
section.
(12)
Where the prescribed person has commenced to pay
into the Fund the sums referred to in subsection (2) (a), the person shall not
contribute to or be entitled to receive any benefit from any retirement
gratuity or provident fund established by the Association and to which the
Association is or is to be a contributor.
(13)
Section 18B of the Police
Regulation (Superannuation) Act 1906 applies to and in
respect of a prescribed person in the same way as it applies to and in respect
of a member of the police force.
(14)
Part 3B of the Police Regulation
(Superannuation) Act 1906 applies, with any necessary
modifications, to a prescribed person in respect of whom the requirements of
subsection (2AA) are met in the same way as it applies to a contributor under
that Act and for that purpose the following provisions have effect:
(a)
a conversion benefit is payable, in accordance
with that Part, in respect of a prescribed person who makes a conversion
election under that Part as so applied (the applied
Part),
(b)
service by the prescribed person as a member of
the police force, as well as service by the prescribed person as an employee
of the Association, is to be taken into account for the purpose of calculating
the conversion benefit payable under the applied Part,
(c)
a prescribed person who makes a conversion
election, or any one else who would otherwise be a beneficiary under this Act
through the prescribed person, is not entitled to a benefit under any
provision of this Act after the conversion election takes effect, other than a
conversion benefit,
(d)
the conversion benefit is to be paid in
accordance with the applied Part,
(e)
sections 5K and 5L of the Police
Regulation (Superannuation) Act 1906 apply in respect of
the Treasurer, STC, FTC, the FTC Board, the STC Board and other persons
referred to in those sections in relation to the applied Part, and anything
done or omitted to be done under the applied Part.
s 3: Am 1973 No 5,
sec 4 (a); 1974 No 46, sec 10 (b); 1974 No 101, sec 4 (a); 1981 No 25, Schs 1
(2), 2 (3); 1984 No 75, Sch 1 (2); 1987 No 222, Sch 1 (3); 1990 No 48, Sch 2;
1991 No 94, Sch 1; 1991 No 95, Sch 4 (3); 1992 No 35, Sch 1; 1992 No 102, Sch
1; 1993 No 111, Sch 7; 1996 No 39, Sch 4; 1996 No 92, Sch 1.5 (1) (2); 1997 No
42, Sch 1.3 [1] [2]; 1999 No 6, Sch 1.2 [1]; 1999 No 86, Sch 2.2 [1]; 2000 No
100, Sch 2 [1] [2]; 2003 No 59, Sch 1 [1]–[3]; 2007 No 25, Sch 1 [2];
2010 No 19, Sch 3.75 [2].