STATE AUTHORITIES SUPERANNUATION ACT 1987 - As at 27 January 2023 - Act 211 of 1987

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 2A Closure of scheme to new entrants on and from 19 December 1992
• 2B Employee may resume contributions after break in employment
• 2C Employee over 55 years may contribute after election to preserve benefit after salary reduction
• 3 Definitions
• 4 Salary
• 4A Salary of executive officers
4B. (Repealed)
• 5 Secondment of employee otherwise than to employer
• 6 Part-time employment with more than one employer
• 7 Employees of Crown etc
• 8 Provisions respecting certain employees
• 9 Persons not subject to Act
• 10 Savings and transitional provisions

PART 2 - THE STATE AUTHORITIES SUPERANNUATION FUND

• 11 Establishment of the Fund
• 12 Contributors' accounts
• 13 Additional Benefit Reserve Fund
• 14 Reserves for employers
• 14A Additional payments by certain employers
• 14B Source of administration costs payments
• 15 Other accounts and reserves and assets portfolios
• 16 Adjustment of accounts and reserves for interest etc
• 16A Adjustment of employer reserves to take into account death and disability payments
• 17 Funds, accounts and reserves generally
• 18 Actuarial investigation

PART 3 - EMPLOYEE CONTRIBUTIONS AND SALARY SACRIFICE CONTRIBUTIONS

• 19 Election to have employee or salary sacrifice contributions paid to the Fund
• 19A Contributions by or on behalf of employees
• 19B Amount payable for salary sacrifice contributions to allow for the contributions tax payable
• 20 Additional benefit
• 21 Medical examination
• 22 Approval of application
• 23 Refusal of application
• 24 Revocation of approval
• 25 Liability to contribute
• 26 Salary basis for contributions
• 27 Variations of contribution rate
• 28 Variations of contribution rate: hardship
• 29 Contributions during leave without pay and other matters
• 29A Other contributions by contributors
• 30 Resumption of contributions after break in employment
• 30A Contributor who is executive officer

PART 4 - CONTRIBUTIONS BY EMPLOYERS

• 31 Contributions by employer under Part 1 of Schedule 1 (The Crown and other employers)
• 32 Contributions by employer under Part 2 of Schedule 1 (Local government and other authorities)
• 33 Contributions by employer under Part 3 of Schedule 1 (Hospitals and other bodies)
• 34 Basis and making of contributions
• 34A Variation of employer contributions
• 35 Transfers of credits between employers of transferred contributors
• 35A Acceptance of contributions

PART 5 - BENEFITS

• 36 Definitions
• 37 Benefit at or after early retirement or on death at or after early retirement age
• 38 Benefit on death before early retirement age
• 39 Benefit on total and permanent invalidity before early retirement age
• 40 Benefit on partial and permanent invalidity before early retirement age
• 41 Benefit on resignation, dismissal or discharge before early retirement age
• 42 Benefit on retrenchment before early retirement age
• 42A Benefit on attaining 65 or 70
• 42AA Deferral of benefit on retrenchment before early retirement age
• 42AB Compulsory preservation of benefits after changeover day
• 42AC Payment of compulsorily preserved benefit
• 42AD Preserved benefits
• 43 Deferred benefit
• 43AA Deferral of benefit for contributors aged 55 years and over in certain circumstances
43AAA. (Repealed)
• 43A Power of STC to purchase annuities etc out of benefit payable under this Act
• 43AB Competing claims for spouses' or de facto partners' benefits
• 43B Release of benefit on grounds of severe financial hardship
• 43C Release of benefit on compassionate grounds
• 43D Effect on benefits
• 44 Application for payment of benefit
• 45 Interest
• 45A Power of STC to reduce benefits to offset certain tax liabilities
• 45AA Restoration of death benefit previously reduced to offset contribution tax liabilities
• 45B Power of STC to reduce benefits for no-TFN tax
45C. (Repealed)
• 45D Compliance with superannuation guarantee legislation
• 45E Application of section 45D to period from 1.7.1992

PART 5AA - PROVISIONS RELATING TO FAMILY LAW SUPERANNUATION LEGISLATION

• 45F Definitions
• 45G Application of Part to contributors to, and pensions under, former schemes
• 45H Payment of benefits where superannuation interests affected by flagging order or payment split
• 45I Payment splits
• 45J Reduction of benefits of contributor spouses
• 45K Regulations

PART 5A - PROVISIONS RELATING TO PRIVATISATION OF EMPLOYERS AND OTHER GOVERNMENT INITIATIVES

• 46AA Removal of employers from Act on privatisation
• 46AAA Application of Part
• 46AB Preservation of benefit for contributors
• 46AC Adjustment of employer liability on Government initiative taking effect
• 46AD Employer liabilities after Government initiative takes effect

PART 5B - RETENTION OR PAYMENT OF ELIGIBLE DEFERRED BENEFITS

• 46AE Retention or payment of eligible deferred benefits

PART 5C - DEATH OR INCAPACITY BENEFITS FOR FIREFIGHTERS

• 46AF Definitions
• 46AG Application of Part
• 46AH Provision to be made with respect to death or incapacity benefits for firefighters

PART 5D - DEATH OR DISABILITY BENEFITS FOR POLICE OFFICERS

• 46AI Definitions
• 46AJ Application of Part
• 46AK Death and disability of police officers

PART 5E - DEATH OR INCAPACITY BENEFITS FOR AMBULANCE OFFICERS

• 46AL Definitions
• 46AM Application of Part
• 46AN Provision to be made with respect to death or incapacity benefits for ambulance officers

PART 6 - MISCELLANEOUS

• 46 Employers and employees
• 47 Employer to provide information
• 48 Employee or claimant to provide information
• 49 Making of elections and applications
• 50 Assignment etc of benefit
• 51 Payment without grant of probate etc
• 51A Restriction on manner of payment of benefit
• 52 Recovery of money owing to Fund
• 52A Payments to cover superannuation contributions surcharge
• 52B Repayment of excess payments
• 53 Restoration of lost right etc under Act
• 53A Payment where beneficiary is missing
• 54 Payment where beneficiary incapable
• 54A Information that must be disclosed to contributors
• 54B Disputes
• 55 Regulations
• 56 Savings and transitional provisions
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
• SCHEDULE 5
• SCHEDULE 6