First State Superannuation Regulation 2008

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the First State Superannuation Act 1992.

JOHN WATKINS, M.P.,Minister for Finance

1 Name of Regulation

This Regulation is the First State Superannuation Regulation 2008.

2 Commencement

This Regulation commences on 1 September 2008.

Note—

This Regulation replaces the First State Superannuation Regulation 2002 which is repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Interpretation

(1)  In this Regulation:

the Act means the First State Superannuation Act 1992.

(2)  Notes included in this Regulation do not form part of this Regulation.

4 Allowances and payments included as wages

(1)  For the purposes of section 4 (1) (a) (iii) of the Act, the following payments are prescribed:

(a)  payments for maternity leave,

(b)  payments for parental leave,

(c)  payments for adoption leave,

(d)  weekly workers compensation payments.

(2)  The weekly workers compensation payments to be treated as salary for the purposes of section 4 (1) (a) (iii) of the Act do not include any amount by which the aggregate of:

(a)  the weekly workers compensation paid to an injured employee, and

(b)  the salary actually paid to that employee while partially incapacitated,

exceeds the salary that the employee would probably have been earning but for the injury (assuming the employee had continued to be employed in the same or some comparable employment).

(3)  For the purposes of section 4 (1) (a) (iv) of the Act, all non-cash employment benefits provided by an employer to an employee that attract compulsory employer superannuation contributions under an industrial award applicable to the employee are prescribed employment benefits.

(4)  In this clause:

weekly workers compensation payments, in relation to an employee, means weekly payments of compensation under the Workers Compensation Act 1987 (or the provisions of the Workers’ Compensation Act 1926 as applied by that Act) payable to the employee because the employee is partially incapacitated for work through injury.

5 Saving

Any act, matter or thing that, immediately before the repeal of the First State Superannuation Regulation 2002, had effect under that Regulation continues to have effect under this Regulation.