New South Wales Consolidated Acts

PUBLIC AUTHORITIES SUPERANNUATION ACT 1985 - SECT 5

5 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"additional benefit" has the meaning ascribed thereto in section 24.
"applicable month" has the meaning ascribed thereto in section 24.
"appointed day" means the day appointed and notified under section 2 (2).
"attributed salary", in relation to a contributor at any time, means:

(a) where the contributor is a full-time employee at that time-the salary of the contributor at that time, or

(b) where the contributor is a part-time employee at that time-the salary that would be payable to the contributor at that time if employed as a full-time employee,

as certified by the contributor’s employer at that time.
"benefit" means benefit payable under this Act.
"Board" means the SAS Trustee Corporation continued under the Superannuation Administration Act 1996 .
"contributor" means an employee whose election to contribute to the Fund has taken effect.
"contributor-financed benefit", in relation to a benefit payable to, or in relation to, a contributor, means the balance at credit in the contributor’s account at the time the benefit is paid.
"contributor’s account" means the account established and maintained under section 9 (1) in respect of the contributor.
"death and disability levy" means the levy that, in order to attract the additional benefit for a contributor, is paid to the Fund by transfer from the contributor’s account under section 12 (6) (b).
"discharge", in relation to a contributor, means the cessation of the contributor’s employment with an employer expressed by the employer to be on the ground that the period, or successive periods, for which the contributor was employed has or have ended.
"employee" means a person who is employed by an employer and who is not an excluded person as provided by Schedule 4.
"employer" means an authority specified in Schedule 3 and a reference to employment with an employer includes a reference to employment with successive employers.
"employer-financed benefit", in relation to a benefit payable to, or in relation to, a contributor, means so much of the benefit as is paid from the reserve for that employer.
"entry date", in relation to a contributor, means the date as at which the contributor’s election to contribute to the Fund took effect, that election being:

(a) the only such election made by the contributor, or

(b) where the contributor made more than one such election-the later or latest of those elections.

"exit date", in relation to a contributor, means the day on which the contributor ceases employment with an employer, that cessation of employment being:

(a) the only such cessation of employment of the contributor, or

(b) where there has been more than one such cessation of employment of the contributor-the later or latest of those cessations of employment,

or, if the contributor attains the age of 65 years before any such cessation of employment, the day on which the contributor attains that age.
"final contribution date", in relation to a contributor, means the last day in respect of which the contributor is liable to contribute to the Fund.
"financial year" means the financial year of the Board specified in section 46.
"full-time employee" means an employee who is not a part-time employee.
"Fund" means the State Authorities Superannuation Fund established under the State Authorities Superannuation Act 1987 .
"maximum benefit points" has the meaning ascribed thereto in section 24.
"member" means a member (including a part-time member) of the Board.
"month" means January, February, March, April, May, June, July, August, September, October, November or December.
"part-time employee" means an employee whose employer notifies the Board that the employee is a part-time employee.
"part-time member" means a member referred to in section 35 (2) (c), (d) or (e).
"preserved benefit", in relation to a contributor, means a benefit for which the contributor has made provision under section 32.
"President" means President of the Board.
"prospective benefit points" has the meaning ascribed thereto in section 24.
"regulations" means regulations made under, or for the purposes of, this Act.
"retire" includes cease (otherwise than by reason of death) in any manner to be employed by an employer.
"retrenchment", in relation to a contributor, means the termination of the employment of the contributor with an employer where the employment is expressed by the employer to be:

(a) compulsorily terminated by the employer on the ground that:

(i) the employer no longer requires the contributor’s services and, on termination of the contributor’s employment, does not propose to fill the contributor’s position,

(ii) the work which the contributor was engaged to perform has been completed, or

(iii) the amount of work that the employer requires to be performed has diminished and, due to that fact, it has become necessary to reduce the number of employees employed by the employer, or

(b) terminated as a result of the acceptance by the contributor of an offer by the employer of terms of retrenchment made on a ground specified in paragraph (a).

"salary", in relation to a contributor, means salary of the contributor, determined in accordance with section 6 and expressed as an annual rate.
"salary ratio", in relation to a contributor at any time, means the number ascertained by dividing the salary of the contributor at that time by the attributed salary of the contributor at that time.
"spouse", in relation to a deceased contributor, means:

(a) if the deceased contributor was survived by a widow or widower-the widow or widower, as the case may be, of the contributor, or

(b) if the deceased contributor was not survived by a widow or widower:

(i) where the contributor was a man and, at the time of his death, he was living with a woman as his wife on a bona fide domestic basis-the woman with whom he was so living, or

(ii) where the contributor was a woman and, at the time of her death, she was living with a man as her husband on a bona fide domestic basis-the man with whom she was so living.

"superannuation scheme" means a scheme, fund or arrangement (whether or not established by an Act) under which any superannuation or retirement benefits are provided by an employer.
"superannuation year" means:

(a) the period that commences on 1 July 1985 and ends on 31 March 1986,

(b) the year that commences on 1 April 1986, and

(c) each year that commences on 1 April and succeeds the year referred to in paragraph (b).

"this Act" includes regulations.

(2) Where a contributor is in part-time employment with more than one employer at the same time, this Act applies to the contributor separately in relation to each employment as if, in relation to each employment, the contributor were a different person, except that the maximum benefit points for the contributor when taken into account in relation to all employments of the contributor shall not exceed in number the number that would have been the maximum number of the contributor’s benefit points if the contributor had been a full-time employee.

(3) A reference in this Act:

(a) to a function includes a reference to a power, authority and duty, and

(b) to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.