New South Wales Consolidated Acts

SUPERANNUATION ACT 1916 - SECT 3

3 Definitions

(1) In this Act, unless inconsistent with the context or subject-matter:
"Abandoned unit", in relation to an employee, means:

(a) a unit of pension which the employee has, in accordance with this Act, elected to abandon,

(b) a unit of pension in respect of which the employee is not to contribute, or has ceased contributing, to the Fund, by reason of electing, in accordance with this Act, to reduce the number of units of pension in respect of which the employee is to contribute,

(c) a unit of pension in respect of which the employee has, in accordance with this Act, elected not to contribute to the Fund, or

(d) a unit of pension the contributions for which are refunded to the employee or the employee’s spouse or de facto partner under section 10AH (3),

but does not include a unit of pension to which an election under section 10W (2) relates.

Note: “De facto partner” is defined in section 21C of the Interpretation Act 1987 .

"Annual adjustment day", in relation to a contributor, means the day determined to be the contributor’s annual adjustment day under section 10L.
"Annual review day", in relation to a contributor, means the day determined to be the contributor’s annual review day under section 10L.
"Appointed day" means the day upon which Part II of the Currency Act 1965 of the Parliament of the Commonwealth of Australia commences.
"Approved deposit fund" means an approved deposit fund within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.
"Chief executive officer" means:

(a) a chief executive officer within the meaning of the Public Sector Management Act 1988 , or

(b) an employee (not being an officer referred to in paragraph (a)) of an employer specified in Schedule 3, being an employee who holds an office designated by the Director-General of the Premier’s Department as the office of a chief executive officer.

"Child" means a child who has not attained the age of 18 years and, without limiting the operation of the Status of Children Act 1996 , includes an ex-nuptial or adopted child (whether or not the adoption took place in Australia).
"Civil Service Acts" includes the Civil Service Act 1884 , the Public Service Act 1902 , the Public Service (Superannuation) Act 1903 and the Public Service (Amendment) Act 1912 .
"Commonwealth taxation law" means a law of the Commonwealth that provides for the levying and collection of a tax.
"Contribution period" means a four-weekly period commencing on and including a date specified in Column 2 of Schedule 16 and ending on and including the date specified opposite thereto in Column 3 of that Schedule.
"Contributor" means an employee and includes a person who has elected to take the benefit of Division 3A of Part 4, but does not include:

(a) an employee while exempted from contributing to the Fund (whether before, on or after 13 January 1977),

(b) an employee while rejected or not accepted as a contributor under this Act as in force at any time before 13 January 1977, or

(c) an employee to whom clause 4 (1) of Schedule 17 applies.

"Contributors’ reserve" means the reserve for contributors’ contributions established and maintained under section 5 (1).
"Contributory unit" means a unit of pension other than a reduced value unit, an abandoned unit or a reserve unit of pension under section 15A.
"Deferred annuity" means a deferred annuity within the meaning of Part 5 of the Superannuation Industry (Supervision) Regulations of the Commonwealth.
"Discharged" has the meaning given to that expression by section 23 (2).
"Dismissed" has the meaning given to that expression by section 24.
"Employee" means person employed by an “employer,” and who is by the terms of the person’s employment required to give the person’s whole time to the duties of the person’s employment or who is a part-time employee, but does not include a Judge of the Supreme Court, or a judicial member of the Industrial Relations Commission of New South Wales, or a Judge of the District Court, or a Judge of the Compensation Court, or an associate Judge of the Supreme Court, or, subject to subsection (4B), the Solicitor General, or a professor of the University of Sydney, or a professor of the University of New England, or a professor of the Macquarie University, or a professor of the University of Newcastle, or, subject to subsection (4), a professor of The University of New South Wales, or, subject to subsection (4A), a professor of The University of Wollongong, or a person who is subject to the provisions of the Railways Superannuation Act 1910 , or the Transport Employees Retirement Benefits Act 1967 , or the New South Wales Retirement Benefits Act 1972 , or the Police Regulation (Superannuation) Act 1906 , or a person who is paid at hourly, daily, weekly, or fortnightly rates, or by piece-work, otherwise than as provided by subsection (1A).
"Employer" means:

(a) the Crown, the Government or a Minister of the Crown, or

(b) an authority listed in Schedule 3, or

(c) an authority to which section 3B (4) applies,

and a reference to employment with an employer includes a reference to employment with successive employers.
"Employer reserve" means a reserve referred to in section 5 (1) (b).
"Employing authority" means any person, body or organisation, whether or not constituted under an Act and whether or not an employer, who or which employs persons.
"Entry payment day", in relation to an employee, means the day determined to be the employee’s entry payment day under section 10K.
"Entry review day", in relation to an employee, means the day determined to be the employee’s entry review day under section 10K.
"Executive officer" means a contributor who is:

(a) a chief executive officer, or

(b) a senior executive officer, or

(c) a police executive officer, or

(d) an office holder nominated for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975 .

"Exit day", in relation to an employee, means the last day on which the employee is, in the opinion of STC, an employee, whether the employee is an employee for the whole or part only of that day.
"Family law superannuation legislation" has the same meaning as it has in Part 4A.
"Financial year" means the year commencing 1 July.
"First State Superannuation Fund" has the same meaning as "Fund" has in the First State Superannuation Act 1992 .
"Maturity age" means:

(a) in the case of an employee who, being a woman contributor, elected to contribute at the rate prescribed for retirement at the age of 55 years-the age of 55 years, or

(b) in the case of any other employee-the age of 60 years.

"Non-contributor spouse" has the same meaning as it has in Part 4A.
"Part-time employee" has the same meaning as it has in section 12C.
"Penalty", in relation to a Commonwealth taxation law, includes (but is not limited to):

(a) a penalty rate of taxation under that law, and

(b) the loss of a concessional rate of taxation under that law.

"Police executive officer" means an executive officer within the meaning of Part 5 of the Police Act 1990 .
"Prescribed age" means:

(a) in the case of an employee who, being a woman contributor, elected to contribute at the rate prescribed for retirement at the age of 55 years-the age of 50 years, or

(b) in the case of any other employee-the age of 55 years.

"Reduced value unit" means a reduced value unit allocated under section 47C.
"Regulations" means regulations under this Act.
"Relevant Commonwealth superannuation standard" means a standard that would be applicable under the Superannuation Industry (Supervision) Act 1993 of the Commonwealth if the Fund was a regulated superannuation fund under that Act.
"Relieving allowance" means an allowance paid to the holder of an office or position for performing any or all of the duties of another office or position, without the person’s being appointed to that other office or position on a permanent basis.
"Resigned" has the meaning given to that expression by section 25.
"Retrenched" has the meaning given to that expression by section 23 (1).
"Salary", in relation to a contributor, means salary of the contributor, determined in accordance with section 3AA or 3A and expressed as an annual rate.
"Salary sacrifice contribution" -see section 10U (2).
"Senior executive officer" means:

(a) a senior executive officer within the meaning of the Public Sector Management Act 1988 , or

(b) an employee (not being an officer referred to in paragraph (a)) of an authority specified in Schedule 3, being an employee who holds an office designated by the Director-General of the Premier’s Department as the office of a senior executive officer.

"Service" means service under or employment by one or more employers.
"Spouse" of a contributor or pensioner who has died means the widow or widower, as the case may be, of the contributor or pensioner.
"STC" means the SAS Trustee Corporation continued under the Superannuation Administration Act 1996 .
"Superannuation contributions surcharge" means the superannuation contributions surcharge imposed under the Superannuation Contributions Tax Imposition Act 1997 of the Commonwealth.
"Superannuation guarantee shortfall" has the same meaning as in the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.
"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.
"The Fund" means the State Superannuation Fund established for the purposes of this Act.

(1A) A person who is an employee and a contributor does not cease to be a contributor just because at any time after 30 June 1992 the person is paid at hourly, daily, weekly or fortnightly rates, or by piece-work.

(2)

(a) Notwithstanding anything in the definition of "employee" a person appointed as a professor of the University of Sydney who, at the date of the person’s appointment as such, was a contributor, and who, after such appointment, in addition to such professorship, continues in the employment of an employer in some other capacity, shall be deemed to be an employee for the purposes of this Act and shall, subject to this subsection, continue to be a contributor.

(b) This subsection shall apply to and in respect of any such person appointed as a professor before as well as after the commencement of the Superannuation (Amendment) Act 1944 .

(c) Any such person appointed as a professor before such commencement shall cease to be a contributor unless, within three months after such commencement, the person satisfies STC that the person is no longer a party to any scheme or arrangement to which the University of Sydney is also a party, under which the person is or may become entitled to any pension or annuity or retiring allowance upon retirement from the person’s professorship.

(d) Any such person appointed as a professor after such commencement shall cease to be a contributor if, after such appointment, the person becomes or continues to be a party to any scheme or arrangement to which the University of Sydney is also a party, under which the person is or may become entitled to any pension or annuity or retiring allowance upon retirement from the person’s professorship.

(3)

(a) A person appointed as a professor of the University of Sydney or the University of New England may elect to contribute to the Fund, and if the person so elects shall notwithstanding the definition of "employee" contained in subsection (1) be deemed to be an employee for the purposes of this Act.
This subsection shall apply to and in respect of any such person appointed as a professor before as well as after the commencement of this subsection.

(b) The election referred to in paragraph (a) shall be in writing and shall be forwarded so as to be received in the office of STC within a period of three months from the date on which the person is appointed as a professor or within such longer period as STC may, in special circumstances, allow, or in the case of a person appointed as a professor before the commencement of this subsection, within three months after such commencement.

(d) Any person who makes the election referred to in paragraph (a) shall cease to be a contributor unless within the time prescribed for making that election the person satisfies STC that the person is not a party to any scheme or arrangement to which the University of Sydney or the University of New England, as the case may be, is also a party and under which the person is or may become entitled to any pension or annuity or retiring allowance upon retirement from the person’s professorship.

(e) Any person appointed as a professor as aforesaid shall cease to be a contributor if the person becomes or continues to be a party to any scheme or arrangement to which the University of Sydney or the University of New England, as the case may be, is also a party and under which the person is or may become entitled to any pension or annuity or retiring allowance upon retirement from the person’s professorship.

(f) Subject to paragraphs (d) and (e), any professor who makes the election referred to in paragraph (a) shall be entitled to the rights and be subject to the obligations of an employee under this Act.

(g) The provisions of this subsection shall apply, mutatis mutandis, to and in respect of professors of the Macquarie University.

(h) The provisions of this subsection shall apply, mutatis mutandis, to and in respect of professors of the University of Newcastle.

(4)

(a) Subject to this subsection, the exclusion from the definition of "Employee" of a professor of The University of New South Wales shall not extend to a person whose rights as a contributor are continued by section 2 of the University of New South Wales Act 1968 .

(b) A person who is a professor of The University of New South Wales shall cease to be a contributor if, after the commencement of the University of New South Wales Act 1968 , the person becomes or continues to be a party to any scheme or arrangement to which that University is also a party and under which the person is or may become entitled to any pension or annuity or retiring allowance upon retirement from the person’s professorship.

(c) The provisions of subsection (3) shall apply, mutatis mutandis, to professors of The University of New South Wales other than those who are employees by virtue of paragraph (a).

(4A)

(a) Subject to this subsection the exclusion from the definition of "Employee" of a professor of The University of Wollongong shall not extend to a person whose rights as a contributor are continued by section 40 of the University of Wollongong Act 1972 .

(b) A person who is a professor of The University of Wollongong shall cease to be a contributor if, after the commencement of Part 3 of the University of Wollongong Act 1972 , the person becomes, or continues to be, party to any scheme or arrangement to which that University is also a party and under which the person is or may become entitled to any pension or annuity or retiring allowance upon retirement from the person’s professorship.

(c) The provisions of subsection (3) shall apply, mutatis mutandis, to professors of The University of Wollongong other than those who are employees by virtue of paragraph (a).

(4B) A person appointed as Solicitor General who, at the date of the person’s appointment, was a contributor may elect to continue to contribute to the Fund and if the person so elects shall, notwithstanding the definition of "Employee" in subsection (1), be deemed to be an employee for the purposes of this Act.

(6) For the purposes of this Act, the salary group within which a salary falls is:

(a) in the case of a salary that does not exceed five thousand two hundred dollars-the salary group specified in the scale in paragraph (a) of subsection (1) of section 12 that is appropriate for the salary, or

(b) in the case of a salary that exceeds five thousand two hundred dollars-the salary group in the scale in paragraph (a) of subsection (1) of section 12 in which the salary would fall if the scale were extended to express the unit entitlement for that salary as provided by paragraph (b) of that subsection.

(7) For the purposes of this Act, the number of abandoned units of pension that a person has at a particular time after the commencement of the Superannuation (Amendment) Act 1972 is the number (if any) by which:

(a) the number of units of pension that, pursuant to subsection (1) of section 12, is appropriate for a salary equal to the person’s salary at that time,

exceeds

(b) the number of units of pension in respect of which pension would be paid:

(i) if the person had reached the age entitling the person to retire under subsection (1) of section 21 and had so retired, and

(ii) if any contributions under section 10AH, 12B or 12C outstanding at that time in respect of any of those units of pension had been paid.

(8) Where a contributor employed at a university referred to in this section ceases to be a contributor by reason only of the operation of this section following his or her appointment as a professor at that university the person shall, for the purposes of sections 38, 38A and 38B, be deemed to have, immediately before that appointment, resigned from the service of that university.

(9) A person who, but for this subsection, would not be an employee until salary is actually paid to the person shall, for the purposes of this Act, be deemed to become an employee as from the day when salary is or was payable to the person or such later day as STC may fix in respect of the person.

(11) A reference in this Act to a pension payable to a person who is a spouse or de facto partner is a reference to a pension payable under section 30, 31 or 52F to the person in her or his capacity as a spouse or de facto partner.

(12) A reference in this Act (except in sections 32C and 44 (2)) to a child in respect of whom a pension is payable (being a pension payable at a rate determined in accordance with section 61M or 61N) includes a reference to a student in respect of whom a pension is payable under section 43A or 52H at that rate.

(13) Where, under this Act, any period is required to be expressed as a fractional part of a year, the period shall be expressed as a fractional part of 365.25 days.

(14) Notes included in this Act do not form part of this Act.