See also— Statute Law (Miscellaneous Provisions) Bill 2021 Treasury Legislation Amendment (Miscellaneous) Bill 2022
(1) This Act may be cited as the . Police Regulation (Superannuation) Act 1906 (1A) This Act shall commence on 1 February 1907.
(1) Definition of salary For the purposes of this Act, the salary of office of an executive officer is the salary as last nominated or changed in accordance with this section.(2) Nomination of salary on initial and subsequent appointments An amount of salary for the purposes of this Act must be nominated to the Commissioner by an executive officer, on, or as soon as practicable after, being appointed as an executive officer. An amount may also be nominated to the Commissioner by the officer on, or as soon as practicable after, being reappointed, or appointed to another position, as an executive officer. (3) Amount of salary The amount nominated is to be not less than the monetary remuneration payable to the executive officer at the date of nomination and not more than the total value of the remuneration package paid to the officer (less the cost of providing employer’s contributions to superannuation, other than salary sacrifice contributions, under this Act and the and any performance-related incentive payment), expressed as an annual rate. State Authorities Non-contributory Superannuation Act 1987 (4) Failure to nominate salary If an executive officer fails to nominate an amount of salary within 28 days of first being appointed as an executive officer or within such further period as STC may allow, the officer is taken to have nominated an amount of salary that is equal to the monetary remuneration payable to the officer at the end of the applicable period.
(1) There is constituted by this Act a Police Superannuation Advisory Committee.
(1) In this section— initial period , in relation to a period of leave, means such period commencing with the first day of that leave as is prescribed as the initial period for the purposes of this section.leave without pay means a period of leave requested by a member of the police force during which the member is not entitled to payment of the member’s salary of office, being a period of leave which commences on or after the day appointed and notified under section 2 (2) of the. Police Regulation (Superannuation) Amendment Act 1984 special leave without pay means any leave without pay which is—
(a) sick leave, (b) maternity leave or leave in respect of the adoption of a child, (c) leave to undertake union duties for the Police Association of New South Wales or the Public Service Association of New South Wales, or (d) leave declared by the regulations to be special leave without pay within the meaning of this section. (2) A member of the police force who takes leave without pay (not being special leave without pay) shall, in accordance with directions given by STC, pay to STC for credit to the Fund such amounts as would have been deducted from the salary of office of the member in accordance with section 5 if the member had continued to receive salary of office during the initial period of any such single period of leave at the rate payable to the member immediately before that initial period. (3) A member of the police force who takes special leave without pay must, in accordance with directions given by STC, pay to STC for credit to the Fund the amounts that would have been deducted from the salary of office of the member in accordance with section 5 if the member had continued, while on leave, to receive salary of office at the rate payable to the member immediately before the commencement of the period of leave. (3A) However, a contributor who takes a single period of special leave without pay that is sick leave, maternity leave or leave in respect of the adoption of a child is not liable to make payments to STC in respect of any part of the period of special leave occurring more than 2 years after the period of special leave commences.
(1) A member of the NSW Police Force, or an employee of the Police Association of New South Wales, who is not required by this Act to contribute to the Fund under this Act merely because the person is on authorised leave without pay as such a member or employee, is entitled to remain a contributor to the Fund even though the member or employee is not contributing to the Fund.
(1) The whole or part of an amount that is required to be deducted from the salary of office of a qualified person under section 5 may be paid by salary sacrifice contributions. (2) A salary sacrifice contribution is a contribution paid in accordance with an agreement between a qualified person and the Commissioner of Police under which the person is to forgo remuneration yet to be earned and the remuneration foregone is to be applied by the employer to the amount payable for the deductions under section 5.
(1) When a contributor becomes an executive officer, the contributor must—
(a) elect to continue to contribute to the Fund, or (b) elect to make provision for a benefit provided by section 9B (6) or (6AA). (2) If a contributor fails to make an election under subsection (1) within 2 months of being required to make that election, the contributor is, for the purposes of this section, to be taken to have elected to continue to contribute to the Fund. (3) Nothing in this Act prevents a contributor who elects to continue to contribute to the Fund from also contributing to the First State Superannuation Fund or another superannuation scheme and such a contributor is entitled to benefits in accordance with this Act despite being a member of that Fund or another scheme. (4) If a contributor elects to continue to contribute to the Fund, the contributor may, at any time thereafter while being an executive officer, elect to make provision for a benefit provided by section 9B (6) or (6AA).
(1) A conversion notice is a notification by the Treasurer to a contributor notifying the contributor of the right to make a conversion election under this Part.
(1) A contributor may make a conversion election. (2) A conversion election is an election—
(a) to make provision for the conversion benefit, and (b) to cease to be a contributor and become a full member of the First State Superannuation Fund, and (c) to pay the conversion benefit to the credit of the contributor in the First State Superannuation Fund.
(1) A conversion election must be in writing in the form determined by the Treasurer.
(1) The conversion benefit provided for a contributor under this Part is the amount that is equal to the sum of the benefits set out in subsections (2) and (3). (2) The benefit provided under this subsection is the amount of the lump sum benefit payable in respect of the contributor, calculated in accordance with section 9B (6) (b) as if the contributor retired on the conversion date for the contributor. However, if the contributor has reached the age of 55 years, the formula contained in section 9B (6) (b) is to be applied with the following modifications—
(a) item P equals zero,(b) the reference in the definition of item E to 55 years is taken to be a reference to the age of the contributor when the conversion election takes effect,(c) item A equals 55.
(1) If a person makes a conversion election in accordance with this Part, STC must, as soon as practicable after being notified that the conversion election has taken effect, pay the amount of the conversion benefit payable but not paid in respect of the person to FTC.
(1) A matter or thing done or omitted to be done by the Treasurer, or any person acting under the direction of the Treasurer, does not, if the matter or thing was done or omitted to be done in good faith—
(a) in connection with obtaining or making a conversion election, or (b) in connection with the provision of information in relation to this Part, or (c) for the purpose of executing this Part, subject the Treasurer, a person so acting, FTC, STC, the FTC Board, the STC Board, a member of either of those Boards, or any person acting under the direction of FTC, STC or either of those Boards, to any action, liability, claim or demand.
(1) (2) Subject to subsection (2B), the annual superannuation allowance for a member of the police force who retires on or after reaching the age of 55 years and before reaching the age of 60 years is the amount calculated in accordance with the following formula— where— P represents the annual superannuation allowance payable.S represents the member’s attributed salary of office at the date of retirement.V represents the total number of months of both full-time and part-time service that has been completed by the member (subject to a maximum of 360 months of equivalent full-time service).A represents the age of the member at the date of retirement (expressed in months).ESR represents the equivalent service ratio of the member as at the date of the member’s retirement.
(1) In this section— Commonwealth pension means—
(a) service pension payable under Division 5 of Part III of the of the Parliament of the Commonwealth, as amended by subsequent Acts of that Parliament, Repatriation Act 1920 (b) age or invalid pension payable under Part III of the of that Parliament, as so amended, Social Services Consolidation Act 1947 (c) widow’s pension payable under Part IV of the of that Parliament, as so amended, or Social Services Consolidation Act 1947 (d) such other pension, or payment of a like nature, payable under a law of the Commonwealth, as may be prescribed. prescribed superannuation allowance —
(a) in relation to a married retired member of the police force referred to in subsection (3) (a) who has not attained the age of 70 years, means—
(i) the maximum total superannuation allowance that, if received by that member, would not, under subsection (3) (a) (iii) (A), disqualify that member as a member to whom this section applies, or (ii) superannuation allowance of $32 per fortnight, whichever is the lesser superannuation allowance, (b) in relation to a married retired member of the police force referred to in subsection (3) (a) who has attained the age of 70 years, means superannuation allowance of $32 per fortnight, (c) in relation to spouses or de facto partners referred to in subsection (3) (b) who have not both attained the age of 70 years, means—
(i) the maximum total superannuation allowance that, if received by those spouses or de facto partners, would not, under subsection (3) (b) (iii), disqualify either of them as a member to whom this section applies, or (ii) superannuation allowance of $32 per fortnight, whichever is the lesser superannuation allowance, (d) in relation to spouses or de facto partners referred to in subsection (3) (b) who have both attained the age of 70 years, means superannuation allowance of $32 per fortnight, (e) in relation to a retired member of the police force referred to in subsection (3) (c), or widow of a retired member of the police force referred to in subsection (3) (d), who has not attained the age of 70 years, means—
(i) the maximum superannuation allowance that, if received by that member or widow, would not, under subsection (3) (c) or (d), as the case may be, disqualify that member or widow as a member or widow to whom this section applies, or (ii) superannuation allowance of $20 per fortnight, whichever is the lesser superannuation allowance, or (f) in relation to a retired member of the police force referred to in subsection (3) (c), or widow of a retired member of the police force referred to in subsection (3) (d), who has attained the age of 70 years, means superannuation allowance of $20 per fortnight. Note— “De facto partner” is defined in section 21C of the . Interpretation Act 1987 (2) For the purposes of this section a pension or Commonwealth pension payable in respect of a child shall be disregarded.
(1) A superannuation allowance or gratuity must not be granted or paid under section 7 or 14 to a member of the police force who—
(a) is discharged after the commencement of the , and Police Regulation (Superannuation and Appeals) Amendment Act 1973 (b) at the time of the member’s discharge is under the age of 60 years, unless STC (having regard to medical advice on the condition and fitness for employment of the member) has certified the member to be incapable, from infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the . Police Act 1990 Note— Section 14 (1) of the provides that a police officer has the functions conferred or imposed on a constable by or under any other law (including the common law) of the State. Police Act 1990
(1) The Commissioner of Police may, if the Commissioner considers that it is in the interests of the police force to do so, offer a disengagement benefit under this section to any class of members of the police force (or any particular members of the police force). (2) A member of the police force is not eligible for a disengagement benefit under this section unless the member—
(a) is of or over 45 years of age but less than 55 years of age, and (b) has served as a member of the police force for at least 20 years of equivalent full-time service. (3) A disengagement benefit under this section is payable as follows—
(a) the portion of the benefit that is equal to the amount of the employer-financed benefit that would be payable under section 15 is payable from the Fund, (b) the portion of the benefit that is equal to the amount that would be payable if the member had resigned and was paid a benefit under section 17 is payable from the Fund, (c) the remainder of the benefit is payable by the Commissioner of Police and is not payable from the Fund. (4) A member of the police force who accepts an offer of a disengagement benefit under this section shall be retired from the police force by the Commissioner of Police in accordance with the terms of the offer.
(1) Where an annual superannuation allowance is granted under this Act to a member of the police force who retires, the allowance is payable as from the day that next succeeds the day on which the member retires.
(1) A member of the police force who becomes entitled to a superannuation allowance under section 7 (Superannuation allowance except where member hurt on duty) or section 7AA (Superannuation allowance on early retirement) or a payment under section 17 (Refund of deductions) may elect to make provision instead for the benefit provided by this section. (1A) (2) Where any such election made by a member of the police force takes effect, the member is not entitled to any benefit under section 7 or 7AA or any payment under section 17. (3) The benefit provided by subsection (6), (6AA), (6AB) or (6AC), or by section 14M (1) (b), is payable by STC from the Fund—
(a) when the former member—
(i) has benefits preserved in the Fund under subsection (6), (6AA), (6AB) or (6AC) and has attained the age of 55 years, or (ii) has benefits preserved in the Fund under section 14M (1) (b), and makes an application in writing for payment of the benefit, or (b) if the former member dies without making such an application, or (c) if it is a benefit provided by subsection (6), (6AA), (6AB) or (6AC)—on STC being satisfied that the former member is incapable, from an infirmity of body or mind, of being employed in any remunerative occupation in which, in the opinion of STC, it would otherwise be reasonable to expect the former member to engage, or (d) on STC being satisfied that the former member has attained the age of 65 years and is employed for less than 10 hours a week, or (e) on STC being satisfied that the former member has attained the age of 70 years and is employed for more than 10 but less than 30 hours a week, or (f) on STC being satisfied that the former member has retired from the work force. (3A) The benefit provided by subsection (6) or (6AA) is not payable under subsection (3) to a person who elected to provide for the benefit under section 5B unless the additional requirements of section 5B (5) (d) are satisfied. (4) Subject to subsection (3), the benefit provided by subsection (6), (6AA), (6AB) or (6AC) is payable—
(a) except where the former member has died—to the former member, (b) if the former member has died and is survived by a spouse or de facto partner—to the spouse or de facto partner, or (c) if the former member has died but is not survived by a spouse or de facto partner—to the former member’s personal representatives or (if appropriate) in accordance with section 18B. (5) The benefit provided by subsection (9) is payable by STC from the Fund to the former member on the former member electing to take that benefit and the election taking effect—
(a) after the election made under subsection (1) takes effect, and (b) before the benefit provided by subsection (6), (6AA), (6AB) or (6AC) becomes payable to, or in relation to, the former member. (6) Subject to subsection (6A), the benefit provided by this subsection is a gratuity that is the greater of the following 2 amounts—
(a) the amount calculated by multiplying by 2.5 the amount that would have been payable under section 17 (Refund of deductions) if interest were not payable under that section, (b) the amount calculated in accordance with the following formula— where— L represents the gratuity payable.E represents the lump sum that would have been payable if the former member had continued as a member of the police force until the age of 55 years at the same attributed salary of office, and had always worked as a full-time member of the police force and had wholly commuted the superannuation allowance otherwise payable to the former member.S represents the total number of months of both full-time and part-time service that has been completed by the former member.P represents the number of additional months of full-time service that the former member would have completed if the former member had continued as a full-time member of the police force until the age of 55 years.A represents the age in years of the former member (including fractions of a year on a completed months’ basis) at the date the former member ceased to be a member.ESR represents the equivalent service ratio of the member as at the date the former member ceased to be a member.(6AA) Subject to subsection (6A), the benefit provided by this subsection is, in the case of a former member of the police force who—
(a) was an executive officer, and (b) elected to make provision for a benefit under this section in accordance with section 5B (1) (b), and (c) has attained the age of 55 years, the lump sum benefit that would be payable if the former member—
(d) had become entitled to the allowance prescribed by section 7 (1) or section 7AA (2) (whichever is applicable), and (e) had elected to commute the whole of the allowance in accordance with section 14J (3). (6AB) Subject to subsection (6A), the benefit provided by this subsection is payable to a former contributor who was entitled to a superannuation allowance under section 7 and who elected to make provision for a benefit under this section. The benefit is the lump sum benefit that would be payable if the former contributor had elected to commute the whole of the allowance under section 14J, and is to be adjusted from time to time at the rate fixed by STC under section 16 (1) of the . State Authorities Superannuation Act 1987
(1) Benefit to be preserved Despite any other provision of this Act, STC may, when a superannuation allowance or lump sum becomes payable under this Act, preserve all or part of so much of the allowance or lump sum as is employer-financed for the purpose of being consistent with a relevant Commonwealth superannuation standard. The amount of the allowance or lump sum to be preserved in respect of a former member of the police force for the purpose of this section is as determined by STC after obtaining actuarial advice.
(1) In this section— attributed salary of office means—
(a) in relation to a member of the police force who is discharged—the member’s attributed salary of office at the date of the member’s discharge, or (b) in relation to a former member of the police force who resigned or retired—the member’s attributed salary of office at the date of the member’s resignation or retirement. disabled member of the police force means—
(a) a member of the police force who is discharged after being certified, pursuant to section 10B (1), to be incapable, from a specified infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the , or Police Act 1990 (b) a former member of the police force who resigned or retired and who, according to a certificate given pursuant to section 10B (2) at any time after the member’s resignation or retirement, was incapable, from an infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the at the time of the member’s resignation or retirement, Police Act 1990 that infirmity being determined, pursuant to section 10B (3) or on appeal, to have been caused by the member being hurt on duty or the former member having been hurt on duty when he or she was a member of the police force, as the case may be. retired includes discharged as referred to in section 7 or 14.(1A) Subject to this section, the annual superannuation allowance for a disabled member of the police force is—
(a) an amount that is equal to 72.75 per cent of the member’s attributed salary of office, (b) except where paragraph (c) applies, an additional amount that is—
(i) not more than 12.25 per cent of the member’s attributed salary of office, and (ii) commensurate, in the opinion of STC, with the member’s incapacity for work outside the police force, and (c) if the disabled member is totally incapacitated for work outside the police force and, in the opinion of STC, the member was hurt on duty because the member was required to be exposed to risks to which members of the general workforce would normally not be required to be exposed in the course of their employment, an additional amount that is—
(i) not less than 12.25 per cent and not more than 27.25 per cent of the member’s attributed salary of office, and (ii) commensurate, in the opinion of STC, with the risks to which the member was so required to be exposed, multiplied by the equivalent service ratio of the member as at the date of the member’s discharge, resignation or retirement. (1AA) If STC has made a determination under section 14AA in relation to an annual superannuation allowance payable under this section, the amount of the allowance is reduced by the amount specified in STC’s determination. (1B) An annual superannuation allowance may be granted under this section to a disabled member of the police force whatever the member’s length of service.
(1) An annual superannuation allowance or gratuity must not be granted under section 10 to a member of the police force who is discharged unless STC (having regard to medical advice on the condition and fitness for employment of the member) has certified the member to be incapable, from a specified infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the . Police Act 1990 (2) An annual superannuation allowance or gratuity must not be granted under section 10 to a former member of the police force who resigned or retired unless—
(a) the former member notified the Commissioner of Police before the member’s resignation or retirement and within 6 months of receiving the injury which has caused the member’s infirmity of body or mind, of that injury, and (b) if the regulations so require, the notification was in the prescribed form, and (c) STC (having regard to medical advice on the condition and fitness for employment of the member) has certified that the former member was incapable, from that infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the at the time of the member’s resignation or retirement. Police Act 1990
(1) In this section, prescribed part , in relation to an annual superannuation allowance granted under section 10 to a disabled member of the police force, means an amount, calculated on an annual basis, that, in the opinion of STC, would have been payable to the member—
(a) in the case of a member of the police force who is discharged—at the date of the member’s discharge, or (b) in the case of a former member of the police force who resigned or retired—at the date of the member’s resignation or retirement, by way of weekly payments of compensation under Division 2 of Part 3 of the if the disabled worker were a person entitled to compensation under that Division in respect of a period of total incapacity for work occurring after the first 26 weeks of incapacity. Workers Compensation Act 1987
(1) Subject to subsection (2), where—
(a) a male former member of the police force to whom a superannuation allowance had been granted died before the commencement of the , Police Regulation (Superannuation) Further Amendment Act 1966 (b) that former member was married at the date of his death, (c) his widow was his wife at the date of his retirement (whether by disablement or otherwise), (d) his widow is not married, and (e) his widow is—
(i) in the case of a widow who has not attained the age of 70 years—in receipt of a class of Commonwealth pension (as defined in section 7A (1)) that is the maximum amount of that class of Commonwealth pension that may be paid to her, without any reduction on account of income or property or both pursuant to the law of the Commonwealth under which the Commonwealth pension is paid, or (ii) in the case of a widow who has attained the age of 70 years—in receipt of a Commonwealth pension (as so defined), there may be paid to his widow upon her so making application the superannuation allowance hereinafter prescribed. (2) For the purposes of this section, the prescribed superannuation allowance shall be—
(a) in the case of a widow who has not attained the age of 70 years—
(i) the maximum superannuation allowance that if received by the widow would not affect her eligibility to continue to receive the maximum amount of the class of Commonwealth pension she is in receipt of as referred to in subsection (1) (e) (i), or (ii) the appropriate amount per fortnight, whichever is the lesser, or (b) in the case of a widow who has attained the age of 70 years—the appropriate amount per fortnight.
(1) Subject to subsection (3), where—
(a) a female former member of the police force to whom a superannuation allowance has been granted dies on or after the day appointed and notified under section 2 (2) of the and before the commencement of Schedule 1 (7) to the Police Regulation (Superannuation) Amendment Act 1984 , Police Regulation (Superannuation) Amendment Act 1988 (b) that former member was married at the date of her death, and (c) her widower was her husband at the date of her retirement (whether by disablement or otherwise), that widower is entitled to receive a superannuation allowance equivalent to 62.5 per cent of the superannuation allowance that would have been payable to that member from time to time if she had not died.
(1) If a former member of the police force to whom a superannuation allowance has been granted dies on or after the commencement of Schedule 5 [1] to the , an eligible spouse or de facto partner of the former member is entitled— Superannuation Legislation Amendment Act 2002
(a) if the former member and the eligible spouse or de facto partner had been married or living in the relationship for 3 years or more immediately before the death—to receive a superannuation allowance equivalent to 62.5% of the superannuation allowance that would have been payable to the former member from time to time if that former member had not died, or (b) if the former member and the eligible spouse or de facto partner had been married or living in the relationship for less than 3 years immediately before the death—to receive a superannuation allowance equivalent to 62.5% of the superannuation allowance that would have been payable to the former member from time to time if that former member had not died, but reduced on a pro rata basis according to the proportion that the period of the marriage or relationship bears to 3 years.
(1) Subject to this section, where—
(a) a member of the police force dies, or (b) a former member of the police force dies, and his or her death is determined, pursuant to section 12C or on appeal, to have been caused by the member being hurt on duty or by the former member having been hurt on duty when he or she was a member of the police force, as the case may be, STC may authorise the payment to or on behalf of—
(c) the spouse or de facto partner, father, mother or children of the member or former member, or (d) any other relatives (including dependants within the meaning of Division 1 of Part 3 of the ) wholly or partly dependent upon the member or former member at the time of his or her death, Workers Compensation Act 1987 of an annual superannuation allowance of such amount as STC determines, not exceeding the rate prescribed by subsection (1AA). (1AA) The prescribed rate for the purposes of subsection (1) is—
(a) in the case of the death of a member of the police force—
(i) 55 per cent of the attributed salary of office of the deceased member at the time of death, and (ii) if, in the opinion of STC, the member was hurt on duty because the member was required to be exposed to risks to which members of the general workforce would normally not be required to be exposed in the course of their employment, an additional rate that is not more than 7.5 per cent of that attributed salary of office and that is, in the opinion of STC, commensurate with the risks to which the member was required to be exposed, multiplied by the equivalent service ratio for the member as at the member’s date of death, or (b) in the case of the death of a former member of the police force, the greater of the following rates—
(i) 55 per cent of the attributed salary of office of the deceased former member at the time of the former member’s discharge, resignation or retirement, as increased or reduced pursuant to subsection (3A), multiplied by the equivalent service ratio for the member at that time, (ii) 62.5 per cent of the annual superannuation allowance received by, or payable to, the former member at the date of death. (1A) A person who is granted an annual superannuation allowance under this section may elect, by notice in writing served on STC within the time specified by it, to be paid a gratuity equivalent to the gratuity prescribed by section 13 and, if the person so elects, the person shall be paid that gratuity instead of that allowance. (1B) For the purposes of subsection (1A), a reference in section 13, in its application to a former member of the police force, to the rate of the member’s attributed salary of office at the date of the member’s death shall be construed as a reference to the rate of attributed salary of office that the member would have received at the date of the member’s death had the member continued in the police force without promotion. (1C) Where 2 or more persons are each granted part of an annual superannuation allowance under this section and some but not all of those persons make an election under subsection (1A), all or none of those persons shall be deemed to have made that election, whichever STC determines.
(1) In this section— child in relation to a member, or former member of the police force includes a step-child of the member or former member and any person to whom the member or former member stands in the place of a parent.student means a person receiving full-time education at a school, college or university approved by the Board.(2) Where, after the commencement of Part 4 of the , a member, or former member, of the police force dies under circumstances referred to in section 12, leaving a child, STC may, subject to this section, pay to the spouse or de facto partner of the member or former member or, if there is no such spouse or de facto partner, to the guardian of the child or, if there is no such spouse or de facto partner or guardian, to such person as STC may determine, an annual allowance in respect of the child equivalent to the amount of the weekly payment from time to time prescribed by Division 1 of Part 3 of the Police Regulation (Superannuation) Amendment Act 1974 in respect of a dependent child of a worker under that Act. Workers Compensation Act 1987 (2A) An allowance under this section shall not be payable to a person to whom a gratuity is payable under section 12 (1A).
(1) In this section— dependant has the same meaning as it has in Division 1 of Part 3 of the. Workers Compensation Act 1987
(1) If a member of the police force dies, the Commissioner of Police is to decide whether or not the member’s death was caused by the member having been hurt on duty and is to notify STC of the decision.
(1) STC may pay to a member of the police force who is hurt on duty or to a former member of the police force who was hurt on duty when he or she was a member of the police force a gratuity of such amount as STC determines, not exceeding the amount that, in the opinion of STC, would have been payable to the member or former member under Divisions 3, 4 and 5 of Part 3 of the if the member were, or the former member had been, a worker for the purposes of that Act. Workers Compensation Act 1987
(1) Where a member of the police force is hurt on duty in circumstances creating a legal liability in some person to pay damages in respect thereof and those damages are recovered, a gratuity shall not be payable under section 12B or 12D to the person who recovered the damages or, if a gratuity under section 12B or 12D has already been paid to the person who recovered the damages, the person shall be liable to repay to STC out of those damages the amount of the gratuity so paid. (2) In subsection (1), damages does not include any sum ordered or directed to be paid pursuant to any provision of theby way of compensation for injury, but any such sum so paid to a person shall be deducted from any gratuity subsequently payable to the person under section 12B or 12D in respect of the injury. Victims Compensation Act 1996 (3) If a gratuity is paid under section 12B or 12D to or in respect of a member of the police force who is hurt as referred to in subsection (1), STC is entitled to be indemnified by the person liable to pay the damages (being an indemnity limited to the amount of those damages).
(1) STC may, on the election of a contributor, or a former contributor who has provided for a benefit under section 9B or had a benefit preserved under section 9C, release to the contributor or former contributor a benefit on the ground of the contributor or former contributor’s severe financial hardship.
(1) STC may, on the election of a contributor, or a former contributor who has provided for a benefit under section 9B or had a benefit preserved under section 9C, release to the contributor or former contributor a benefit on compassionate grounds.
(1) Subject to subsection (2A), if a member of the police force dies otherwise than in the circumstances referred to in section 12, STC shall pay—
(a) if the deceased member is survived by a spouse or de facto partner—to the deceased member’s spouse or de facto partner, or (b) if the deceased member is not survived by a spouse or de facto partner—to the personal representatives of the deceased member or (if appropriate) in accordance with section 18B, a gratuity calculated in accordance with the following formula— where— G represents the gratuity payable.AS represents the total number of months of both full-time and part-time service that has been completed by the member (subject to a maximum of 360 months of equivalent full-time service).PS represents (in the case of a member dying before the age of 55 years) the number of additional months of full-time service that the deceased member would have completed if the deceased member had reached the age of 55 years as a full-time member (subject to the maximum number necessary so that the total of AS + PS does not exceed 360 months of equivalent full-time service).S represents the member’s attributed salary of office at the date of death.ESR represents the equivalent service ratio for the deceased member as at the member’s date of death.
(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 is liable to pay income tax under a Commonwealth taxation law in respect of amounts appropriated from the Consolidated Fund under section 4, and (c) a portion of that tax is referable to the part of those amounts used to finance the 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 part referred to in paragraph (c), and (e) accordingly make a determination reducing that part of the benefit by the amount calculated. (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 to the Fund, or in respect of contributions made under the , on behalf of the contributor or former contributor, State Authorities Non-contributory Superannuation Act 1987 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 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 contributor or former contributor on his or her ceasing to be a member of the police force, Superannuation Contributions Tax (Assessment and Collection) Act 1997 (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 20A, (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 3 (3).
(1) (2) If—
(a) a contributor or former contributor becomes entitled to receive a superannuation allowance under this Act, other than a superannuation allowance under section 7 or 10 arising from the incapacity of the contributor or former contributor, and (b) payment of the allowance to the contributor or former contributor would, but for this subsection, not be consistent with any relevant Commonwealth superannuation standards, the contributor or former contributor may, by notice in writing given to STC before the allowance starts to be paid, elect to receive the allowance—
(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 superannuation allowance has started to be paid in a form that is not consistent with any relevant Commonwealth superannuation standards, the contributor or former contributor concerned is, by notice in writing given to STC, entitled to make an election or a further election to receive payment of the allowance in a form that is consistent with the 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 superannuation allowance in accordance with the election of the contributor or former contributor concerned.
(1) If a benefit that may be taken in the form of a pension is reduced under section 14AA or 14AD, 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.
(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.
(1) For the purposes of the definition of adjustment percentage in section 14A (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, andL is the Index number for the immediately preceding June quarter.
(1) Subject to this Division, where there is an adjustment percentage for a year, the superannuation allowance payable pursuant to section 7 or 7AA on the adjustment date for that year to a member of the police force who retired before 1 July in that year is hereby adjusted, on and from that adjustment date, by that percentage.
(1) Subject to this Division, where there is an adjustment percentage for a year (in subsection (5) referred to as the particular year ), the superannuation allowance payable pursuant to section 7 or 7AA on the adjustment date for that year to a member of the police force who retired on or after 1 July in that year but on or before 31 March in that year is hereby adjusted, on and from that adjustment date, by a percentage equal to the percentage calculated in accordance with the formula set out in subsection (5).
(1) This section applies to a superannuation allowance payable—
(a) under section 7 (except where it is payable to a disabled member of the police force), or (b) under section 7AA. (2) A person who becomes entitled to a superannuation allowance to which this section applies may, on becoming so entitled, commute the whole or part of that allowance. (2A) A person who is entitled to a superannuation allowance to which this section applies and who has not previously commuted the allowance under this section may commute the whole or part of that allowance on the day on which the person attains 60 years of age.
(1) This section applies to a superannuation allowance payable to a disabled member of the police force under—
(a) section 7, or (b) section 10. (2) A person who is entitled to a superannuation allowance to which this section applies and who has not previously commuted the allowance under this section may commute the whole or part of that allowance on—
(a) the day on which the person attains 55 years of age, or (b) the day on which the person becomes entitled to that allowance, whichever is the later. (3) The date on which an election under subsection (2) is to take effect is to be—
(a) the day on which the person attains 55 years of age, or (b) the day on which the person became entitled to that allowance, whichever is the later. (4) A person who is entitled to a superannuation allowance to which this section applies and who has not previously commuted the allowance under this section may commute the whole or part of that allowance on the day on which the person attains 60 years of age. (5) The date on which an election under subsection (4) is to take effect is to be the day on which the person attains 60 years of age.
(1) A contributor who attains the age of 70 years must be paid any pension or other benefit under this Act to which the contributor would be entitled on retirement on that age as if the contributor had ceased to be a contributor at that age but—
(a) may elect under section 14J, in the case of a superannuation allowance, to commute to a lump sum all of the allowance, and (b) if such an election is made, may also elect to preserve the whole of any lump sum benefit in the Fund. (2) Interest is payable, at the rate from time to time fixed by STC under section 16 (1) of the , on an amount preserved in the Fund under this section. State Authorities Superannuation Act 1987
(1) The object of this section is to facilitate arrangements for payment splits under the family law superannuation legislation and to provide for family law superannuation payments to or in respect of non-contributor spouses for the purposes of satisfying the requirements of Division 2.2 of Part 2 of the of the Commonwealth. Family Law (Superannuation) Regulations 2001 Note— The effect of satisfying those requirements is that payments to the contributor spouse of a benefit under this Act will no longer be liable to be split for the purposes of the family law superannuation legislation. (2) A non-contributor spouse has a family law superannuation entitlement to which this section applies if—
(a) the non-contributor spouse has an entitlement, that is operative, to be paid an amount under a superannuation agreement, flag lifting agreement or splitting order in respect of the superannuation interest of a contributor spouse (a family law superannuation entitlement ), and(b) the family law superannuation entitlement has not been paid to the non-contributor spouse by the contributor spouse, or waived by the non-contributor spouse, in accordance with the family law superannuation legislation. (3) On written notice by a contributor spouse or a non-contributor spouse, or by any other person or court, of a family law superannuation entitlement of a non-contributor spouse to which this section applies, STC must take one of the following actions—
(a) pay or release to the non-contributor spouse an amount of the value of the family law superannuation entitlement (less any costs chargeable by STC), (b) transfer or rollover to a complying superannuation fund or an RSA nominated by the non-contributor spouse an amount, of the value of the family law superannuation entitlement (less any costs chargeable by STC), to be held for the benefit of the non-contributor spouse.
(1) STC may reduce the amount of any benefit payable under this Act to or in respect of a contributor spouse (or a spouse or de facto partner of a contributor spouse) if a family law superannuation entitlement is paid or payable to or in respect of the non-contributor spouse under the family law superannuation legislation or this Part or the regulations.
(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 nosuperannuation guarantee shortfall .
(1) This section applies to a member of the police force—
(a) who is on sick leave, and (b) who, during the previous 18 months, has been on sick leave for a total period of at least 12 months, and (c) whose health, in the opinion of a medical practitioner, is not likely to improve sufficiently to enable the member to return to duty, and (d) who is to be discharged if STC certifies that the member is incapable, from infirmity of body or mind, of personally exercising the functions of a police officer referred to in section 14 (1) of the . Police Act 1990 (2) On application by the Commissioner of Police, STC is to determine whether to issue such a certificate in relation to any infirmity to which the application relates. (3) Before STC considers an application under this section, the Commissioner of Police is to provide a copy of the application (and of all supporting information included in the application by the Commissioner) to the member of the police force to whom the application relates. (4) If a member of the police force has been on sick leave for a total period of at least 8 months during the previous 18 months, the Commissioner of Police may provide the copy of the application in anticipation of the member remaining on sick leave for a further 4 months and the member’s health not improving sufficiently to enable the member to return to duty. (5) When providing the copy of the application, the Commissioner of Police is to give the member 28 days in which to notify the Commissioner whether any other infirmities should be included in the application and whether a determination is sought that any infirmities of the member were caused by the member having been hurt on duty. (6) The Commissioner of Police is to include in the application under this section all relevant infirmities of which the Commissioner is aware (including any infirmities that the member duly notifies the Commissioner should be included in the application). (7) If the application under this section is changed after a copy is provided to the member, the Commissioner of Police is to provide a copy of the revised application to the member. Subsection (5) does not apply to the provision of the revised application.
(1) Notwithstanding the payment of any superannuation allowance or gratuity under this Act, STC may at any time require a former member of the police force who was discharged because of incapacity and who is in receipt of a superannuation allowance under section 7 or 10 to submit to a medical examination by 2 members of the Police Medical Board or other nominated medical practitioner or practitioners.
(1) Subject to this section, where a member of the police force resigns, or is dismissed, or a probationary member, not being entitled to be granted a gratuity or annual superannuation allowance under this Act, is discharged, there shall be paid to that member from the Fund a lump sum equal to the difference between—
(a) the total of all amounts deducted under this Act from that member’s salary of office, with the addition of interest on those amounts—
(i) in the case of a member who resigned or was discharged (but not in the case of a member who was dismissed)—at the rate of 4.5 per cent per annum compounded on 30 June in each year of that member’s service during the period beginning with 23 November 1984 and ending with 30 June 1990, and also compounded on the date of the member’s resignation or discharge if it occurred during that period, and (ii) in the case of all members—at the rate from time to time fixed by STC under section 16 of the , compounded on 30 June in each year of the member’s service from and including 1 July 1990, and also compounded on the date of that member’s resignation, dismissal or discharge if it occurs on or after 1 July 1990, and State Authorities Superannuation Act 1987 (b) any amount received by that member as superannuation allowance or gratuity before his or her resignation, dismissal or discharge.
(1) This section applies to a superannuation allowance or gratuity under this Act which is payable to the spouse or de facto partner of a member or former member of the police force who has died. (2) If a superannuation allowance or gratuity would be payable to more than one person because a member or former member of the police force, who has died, has left more than one spouse or de facto partner then, despite any other provision of this Act—
(a) the allowance or gratuity is payable in accordance with a determination made by STC, and not otherwise, and (b) the total amount of allowance or gratuity payable to those persons at any time is not to exceed the amount of allowance or gratuity that would be payable if there were only one spouse or de facto partner. (3) For the purposes of subsection (2) (a), STC may determine in relation to a superannuation allowance or gratuity—
(a) that the allowance or gratuity is not payable to such of the persons concerned as it specifies, or (b) that the amount of the allowance or gratuity is to be apportioned between the persons concerned in such manner as it specifies.
(1) Notwithstanding anything in this Act, where a person entitled to receive a superannuation allowance payable under this Act (including any increase payable under this Act) would, in the opinion of STC, thereby be prejudicially affected in respect of any benefits otherwise receivable by that person, the amount of the allowance shall be such lesser amount than that provided for under this Act as STC determines.
(1) A contributor may at any time lodge with STC a written election to pay amounts to the Fund in respect of the superannuation contributions surcharge payable in respect of the contributor. (2) Payments may be made on a periodic or a single payment basis.
(1) A person who considers himself or herself aggrieved by—
(a) a decision made by STC on a matter that arises under this Act by reason of a member of the police force being hurt on duty, or (b) a decision made by the Commissioner of Police under section 10A (1), 10B (3) (a), 12C (1), 12C (2) or 12D (4) (a), may, within the period of 6 months after the person is notified of that decision, apply to the District Court for a determination in relation to that decision. (2) Notification of a decision under subsection (1) is to be given in writing. (3) STC or the Commissioner of Police, as the case may be, is entitled to be represented at the hearing of an application under this section. (4) The District Court, after considering an application under this section, may make a determination that the decision of STC or the Commissioner of Police, as the case may be, in respect of which the application was made—
(a) be confirmed, or (b) be set aside and replaced by a different decision made by the District Court.
(1) If the spouse or de facto partner of a deceased member or deceased former member of the police force would, but for this section, become entitled—
(a) to more than one superannuation allowance under section 11, 11A, 11B, 11C or 12 or under two or more of those sections, or (b) to a superannuation allowance in relation to the death of a person under section 11, 11A, 11B or 11C and a superannuation allowance in relation to the death of some other person under section 12, that spouse or de facto partner is entitled to only one of those allowances, being, where they are not equal, the greater or greatest of them.
(1) An investigation as to the state and sufficiency of the Fund is, as at 30 June 1994, and at the end of each succeeding period of 3 years, to be made by an actuary or actuaries appointed by STC. (2) Actuaries appointed under this section must complete their investigation, and report the result to STC, not later than 6 months after the date as at which the investigation is made.
(1) If a contributor or former contributor owes money to the Fund, STC may recover the money, together with interest as provided by this section, by deducting it from amounts payable from the Fund—
(a) to the contributor or former contributor, or (b) to the spouse or de facto partner of the contributor or former contributor, or (c) to the personal representatives of the contributor or former contributor, or (d) in respect of the children of the contributor or former contributor or of his or her spouse or de facto partner.
(1) Despite any other provision of this Act, the payment period of a superannuation allowance 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 superannuation allowance 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.
(1) If STC makes a decision under this Act in relation to a contributor or other person, STC must give to the contributor or other person notice in writing of—
(a) the decision, and (b) the right to dispute the decision, and (c) the time within which notice of a dispute must be served on STC.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(Section 19)
(Section 22)
(Section 2H (4))
(Section 25)