State Superannuation (Revised Scheme Medical Classifications) Regulations 2009

i State Superannuation (Revised Scheme Medical Classifications) Regulations 2009 S.R. No. 57/2009 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Revocation 2 5 Definitions 2 6 Full benefits payable 2 7 Limited contributors 3 8 Service benefits contributors 3 9 Death benefits 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 2009 S.R. No. 57/2009 State Superannuation Act 1988 State Superannuation (Revised Scheme Medical Classifications) Regulations 2009 The Governor in Council, after consideration of a report from the Emergency Services Superannuation Board, makes the following Regulations: Dated: 27 May 2009 Responsible Minister: TIM HOLDING Minister for Finance, WorkCover and the Transport Accident Commission TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these Regulations is to specify the greater benefits payable under section 63(b) of the State Superannuation Act 1988 when a revised scheme member who is a limited contributor becomes disabled or when a revised scheme member who is a service benefits contributor dies or becomes disabled. 2 Authorising provisions These Regulations are made under section 92 of the State Superannuation Act 1988. 3 Commencement These Regulations come into operation on 31 May 2009. -- 2 of 6 -- S.R. No. 57/2009 State Superannuation (Revised Scheme Medical Classifications) Regulations 2009 2 4 Revocation The State Superannuation (Revised Scheme Medical Classifications) Regulations 1999 1 are revoked. 5 Definitions In these Regulations— Act means the State Superannuation Act 1988; membership means the period in years for which a revised scheme member has made contributions to the State Superannuation Fund or the Fund, including contributions under section 49 of the Act and other unpaid parental leave which is recognised as service under the Act; total membership means the years of membership the officer could have completed from commencement of membership until the age of 60 years. 6 Full benefits payable A revised scheme member who has been classified as a limited or a service benefits contributor must for the purposes of calculating benefits be deemed to be a full benefits contributor if— (a) the membership of the revised scheme member is not less than 20 years; or (b) the revised scheme member has reached the age of 60 years; or (c) the Board is of the opinion that the death or disability of the revised scheme member was not caused or substantially contributed to by a condition related to the reasons for the medical classification. r. 4 -- 3 of 6 -- S.R. No. 57/2009 State Superannuation (Revised Scheme Medical Classifications) Regulations 2009 3 7 Limited contributors Subject to regulation 6, if a revised scheme member who has been classified as a limited contributor retires on the grounds of disability, the pension payable is equal to the sum of— (a) two-thirds of the revised scheme member's pension; and (b) one-third of the revised scheme member's pension multiplied by Membership Total Membership ; and (c) five per cent per year of membership (subject to a maximum of 20 years) of the amount of the revised scheme member's pension reduced by the total of the amounts specified in paragraphs (a) and (b). 8 Service benefits contributors Subject to regulation 6, if a revised scheme member who has been classified as a service benefits contributor retires on the grounds of disability before the age of 60 years, the pension payable is equal to the sum of— (a) ten per cent of the revised scheme member's pension; and (b) ninety per cent of the revised scheme member's pension multiplied by Membership Total Membership ; and (c) five per cent per year of membership (subject to a maximum of 20 years) of the amount of the revised scheme member's pension reduced by the total of the amounts specified in paragraphs (a) and (b). r. 7 -- 4 of 6 -- S.R. No. 57/2009 State Superannuation (Revised Scheme Medical Classifications) Regulations 2009 4 9 Death benefits Subject to regulation 6, on the death of a revised scheme member who has been classified as a service benefits contributor, the revised scheme member's pension for the purposes of sections 36(1) and 36(3) of the Act must be calculated in accordance with regulation 8. ═══════════════ r. 9 -- 5 of 6 -- S.R. No. 57/2009 State Superannuation (Revised Scheme Medical Classifications) Regulations 2009 5 ENDNOTES 1 Reg. 4: S.R. No. 63/1999. Endnotes -- 6 of 6 --