New South Wales Consolidated Acts

STATE AUTHORITIES NON-CONTRIBUTORY SUPERANNUATION ACT 1987 - SECT 3

3 Definitions

(1) In this Act:
"appointed day" means 1 April 1988.
"approved deposit fund" means an approved deposit fund within the meaning of the Superannuation Industry (Supervision) Act 1993 of the Commonwealth.
"attributed salary", in relation to an employee at any time, means:

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

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

"basic benefit" means the basic benefit referred to in section 22.
"benefit" means a benefit payable under this Act.
"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 1, 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.

"Commonwealth co-contribution" means a co-contribution made by the Commissioner of Taxation under the Superannuation (Government Co-contribution for Low Income Earners) Act 2003 of the Commonwealth.
"Commonwealth co-contribution account" means an account established and maintained under section 10B.
"Commonwealth co-contribution benefit" means the Commonwealth co-contribution benefit referred to in section 22A.
"Commonwealth taxation law" means a law of the Commonwealth that provides for the levying and collection of a tax.
"contribution period" means a named month or such other period as may be prescribed in relation to any class of persons or circumstances.
"de facto partner" of a deceased employee or deceased former employee means, if the employee or former employee was, at the time of his or her death, in a de facto relationship, within the meaning of the Property (Relationships) Act 1984 , with a person, that person.
"deferred annuity" means a deferred annuity within the meaning of Part 5 of the Superannuation Industry (Supervision) Regulations of the Commonwealth.
"employee" means a person who is employed by an employer, but does not include an excluded person referred to in Schedule 2.
"employer" means:

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

(b) an authority specified in Schedule 1,

and a reference to employment with an employer includes a reference to employment with successive employers.
"executive officer" means an employee 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 date", in relation to an employee, means the day on which the employee ceases employment with an employer, that cessation of employment being:

(a) the only such cessation, or

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

"family law superannuation legislation" has the same meaning as it has in Part 4D.
"family law superannuation payment" has the same meaning as it has in Part 4D.
"First State Superannuation Fund" has the same meaning as "Fund" has in the First State Superannuation Act 1992 .
"FTC" means the FSS Trustee Corporation established under the Superannuation Administration Act 1996 .
"full-time employee" means an employee whose salary ratio is 1.
"irregular employee" is an employee who is neither a full-time employee nor a part-time employee, and includes an employee who is deemed by section 7 to be an irregular employee.
"non-employee spouse" has the same meaning as it has in Part 4D.
"part-time employee" means an employee whose salary ratio is less than 1 but at least 0.1.
"police executive officer" means an executive officer within the meaning of Part 5 of the Police Service Act 1990 .
"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.
"resign", in relation to an employee, means cease to be employed by an employer before reaching the age of 55 years, otherwise than on account of:

(a) death, or

(b) invalidity, where STC is satisfied:

(i) that the ceasing to be employed was due, directly or indirectly to the permanent physical or mental incapacity of the employee (not caused by any act or default of the employee intended to produce that incapacity), and

(ii) that the employee is permanently unable, by reason of that incapacity, to be engaged in, or to be employed in, any remunerative occupation in which, in the opinion of STC, it would otherwise be reasonable to expect the contributor to engage.

"retire" means cease (otherwise than by reason of death) in any manner to be employed by an employer on or after reaching the age of 55 years.
"retrenchment", in relation to an employee, means the termination of the employment of the employee 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 employee’s services and, on termination of the employee’s employment, does not propose to fill the employee’s position, or

(ii) the work that the employee 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 employee of an offer by the employer of terms of retrenchment made on a ground specified in paragraph (a).

"salary", in relation to an employee, means salary of the employee, determined in accordance with section 4 or 4A and expressed as an annual rate.
"salary ratio", in relation to an employee at any time during a contribution period, means the number ascertained by dividing the salary of the employee at the commencement of that contribution period by the attributed salary of the employee at that commencement.
"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 1, 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.

"spouse" of a deceased employee or deceased former employee means the widow or widower, as the case may be, of the employee or former employee.
"STC" means the SAS Trustee Corporation continued under the Superannuation Administration Act 1996 .
"STC Act" means any of the following Acts:

(a) Police Regulation (Superannuation) Act 1906 ,

(b) Superannuation Act 1916 ,

(c) Local Government and Other Authorities (Superannuation) Act 1927 ,

(d) Transport Employees Retirement Benefits Act 1967 ,

(e) Police Association Employees (Superannuation) Act 1969 ,

(f) New South Wales Retirement Benefits Act 1972 ,

(g) Public Authorities Superannuation Act 1985 ,

(h) State Public Service Superannuation Act 1985 ,

(i) State Authorities Non-contributory Superannuation Act 1987 ,

(j) State Authorities Superannuation Act 1987 .

"superannuation fund" has the same meaning as it has in the Superannuation Industry (Supervision) Act 1993 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.

(2) A reference in this Act to an authority where used in or in connection with the definition of "employer" is a reference to an authority, organisation, corporation, person or other entity.

(3) If the inclusion of an employer in Schedule 1 is expressed to be limited in any respect, this Act has effect in relation to the employer subject to the limitation.

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