New South Wales Consolidated Acts

LOCAL GOVERNMENT AND OTHER AUTHORITIES (SUPERANNUATION) ACT 1927 - SECT 15AL

15AL Definitions

(1) In this Part and Schedule C, unless inconsistent with the context or subject-matter:
"accrued pension point" means pension points accrued or deemed to have been accrued under section 15BE.
"approved service", in relation to a person, means service with an employer by that person, while he was a contributor, or while he was the holder of a current insurance policy, or while contributions to the Provident Fund or the Benefits Fund were being paid in respect of him.
"contributor" means a person who, under section 15AN, 15AO, 15AP, 15AQ or 15AR, has become a contributor and continues to be a servant who has not attained the age of 65 years.
"current insurance policy", in relation to a person, means an insurance policy in force in respect of that person that was effected by that person or accepted by the board under Part 2 and that is kept in force by the payment of the premiums thereon under section 6.
"dependent child", in relation to a deceased former contributor, means:

(a) a child of the former contributor, who has not attained the age of 16 years, or

(b) a child of the former contributor, who has attained the age of 16 years but not the age of 25 years and who is, in the opinion of the board, receiving full-time education at a school, college or university and not ordinarily employed or engaged in working for a salary,

and who was, in the opinion of the board, wholly or substantially dependent on the former contributor immediately before his death.
"dependent widower", in relation to a woman who dies while a contributor or pensioner, means her widower if he satisfies and continues (except during any period he is married) to satisfy the prescribed dependency test.
"employer" means:

(a) a council as defined in section 3, or

(b) a body or association of persons, corporate or unincorporate, to which a proclamation under section 2 (4) or (5) relates.

"final average salary", in relation to a person who ceases to be a servant, means the average of the annual rates of salary actually paid to him on the 31 day of December in each of the 3 years immediately preceding that in which he so ceased to be a servant, but disregarding any such day if on that day he was not a servant.
"final salary" means, in relation to a person who ceases to be a servant, the annual rate of salary actually payable to him immediately before he ceased to be a servant.
"general employer" means an employer other than a special employer.
"general reserve" means the general reserve in the Pension Fund, as referred to in section 15BC.
"month" means January, February, March, April, May, June, July, August, September, October, November or December.
"notional accumulation" means, in relation to a former contributor who became a contributor under section 15AO, 15AP, 15AQ or 15AR, an amount equal to the sum of:

(a) the amount credited to the general reserve or the special reserve under section 15AO (3), 15AP (9) or 15AQ (10) in respect of the former contributor, and

(b) in respect of each superannuation year since he became a contributor, an amount equal to:

(i) 5¼ per cent of his salary, based on the rate of salary on which his contributions were based under section 15AV in respect of that year, or

(ii) 1½ times the contributions paid or payable by him in that year,

whichever is the lesser, together with interest at a rate or rates determined by the board, but reduced by an amount or amounts calculated in such manner as the board may determine in respect of the amounts referred to in section 15BA (1) (a) and (c).
"notional final salary" means, in relation to a former contributor who has resigned, or been dismissed, from the service of an employer on the grounds of total and permanent disablement, or has died:

(a) where the former contributor had not attained the age of 57 years on or before 31 December that last preceded his resignation, dismissal or death, as the case may be-the amount of his final salary,

(b) where the former contributor had attained the age of 57 years, but had not attained the age of 58 years, on or before that 31 December-an amount equal to one-third of the sum of:

(i) the amount of the former contributor’s annual salary as at that 31 December,

(ii) twice the amount of his final salary,

(c) where the former contributor had attained the age of 58 years, but had not attained the age of 59 years, on or before that 31 December-an amount equal to one-third of the sum of:

(i) the amount of the former contributor’s annual salary as at that 31 December and the 31 December that last preceded it, and

(ii) the amount of his final salary, or

(d) where the former contributor had attained the age of 59 years on or before that 31 December-his final average salary.

"notional pension points" means, in relation to a former contributor who ceased to be a contributor before he attained the age of 60 years, the pension points (if any) that he would have, but has not, accrued had he continued to contribute to the Pension Fund, until he attained that age, at the average rate (including any additional rate) at which he was contributing under section 15AU since becoming a contributor.
"pension" means a pension under this Part.
"pensioner" means a person receiving or entitled to receive a pension.
"potential pension points", in relation to a person who has ceased to be a contributor before attaining the age of 65 years, means the pension points that he would have, but has not, accrued had he continued to contribute to the Pension Fund, until he attained that age, at the average rate (including any average additional rate) at which he was contributing under section 15AU since becoming a contributor.
"servant" means a servant employed by an employer otherwise than on a part-time or casual basis.
"special employer" means a prescribed employer or an employer of a prescribed class.
"special reserve" means the special reserve in the Pension Fund, as referred to in section 15BC.
"superannuation year" means the period that commences on 1 April in any year and ends on 31 March in the next following year.

(2) For the purposes of this Part, a person is, subject to subsection (3), retrenched by an employer if, and only if, his service with the employer was terminated by the employer on the ground of a lack or reduction of work available for him to perform (no other position in the service of the employer or another employer having been found for him at not less than two-thirds of his annual salary at the date of that termination), and the employer, or a person duly authorised to do so on behalf of the employer, makes a statutory declaration to the board to that effect and also to the effect that it is not proposed at that time that his position with the employer be filled by another person.

(3) For the purposes of this Part, a person is not retrenched by an employer if his service with the employer was terminated:

(a) by reason of the expiration of the term of service for which the person was engaged, or

(b) where the person was engaged until certain work ceased to be available-by reason of that work ceasing to be available.