New South Wales Consolidated Acts

TRANSPORT EMPLOYEES RETIREMENT BENEFITS ACT 1967 - SECT 3

3 Definitions

(1) In this Act, unless the context or subject-matter otherwise indicates or requires:
"Account" means the Government Railways Superannuation Account under the Government Railways Act 1912 .
"annual wages" means, in relation to a person, the amount determined by the Board as the wages or salary payable in a year to that person, having regard to his ordinary remuneration, excluding amounts payable in respect of overtime.
"benefit wage factor", in relation to a person, means a number that is a multiple of one-half that has been nominated by that person as his benefit wage factor for the purposes of this Act.
"Board" means the SAS Trustee Corporation continued by the Superannuation Administration Act 1996 .
"contributor" means a person who is contributing to the Fund, and a person eligible for a benefit under this Act calculated by reference only to his initial credit.
"contributor to the Account" means a person who was contributing to the Account immediately before he becomes a contributor.
"contributor to the Railways Retirement Fund" means a person who was a contributor under the Railways Retirement Fund Act 1964 immediately before he becomes a contributor.
"employee" means:

(a) a person who is employed by an employer, who is, by the terms of his employment, required not to engage in any employment outside the duties of his office and the date of confirmation of whose appointment is on or after the commencement of this Act, or

(b) a person employed in the Police Department with the authority of the Premier, the date of confirmation of whose appointment is on or after the commencement of this Act,

but does not include:

(c) any person engaged in casual employment, as defined in any award relating to his employment, or any person appointed or employed pursuant to section 101 of the Transport Act 1930 ,

(d) any person employed by the Commissioner for Railways temporarily as a workman on construction, deviation or duplication works, in the trading and catering services or in connection with any sawmill, other than a sawmill associated with a workshop,

(e) any person who is employed in the Police Department and is a police cadet or a person employed under the Police Regulation Act 1899 or the Public Service Act 1902 ,

(f) any person engaged as a contractor or on a contract basis, not being a person employed under a contract of employment, or

(g) a person eligible to make an election under section 10 of the New South Wales Retirement Benefits Act 1972 , or a person who, pursuant to section 11 of that Act, becomes a contributor within the meaning of that Act, or a person who ceases, pursuant to section 12 (8) of that Act, to contribute to the Transport Retirement Fund, or a person eligible to make an election under section 11 of the Public Authorities Superannuation Act 1985 or section 19 of the State Authorities Superannuation Act 1987 .

"employer" means an employer whose name is specified in Schedule 1 or whose name is added to that Schedule under section 59.
"financial year" means:

(a) except as provided by paragraph (b)-the year ended on 31 March, or

(b) the period prescribed for the purposes of this definition.

"Fund" means the State Authorities Superannuation Fund established under the State Authorities Superannuation Act 1987 .
"gratuity scheme officer" means a person referred to in paragraph (b) of subsection (1) of section 12 who elects to become a contributor.
"initial credit" means:

(a) in relation to a contributor to the Account who under section 12 elects to become a contributor, an amount equal to the sum of:

(i) his contributions to the Account before he ceased to contribute thereto pursuant to subsection (4) of section 12, reduced, where any amounts have been paid to that contributor from the Account pursuant to Part 9 of the Government Railways Act 1912 , by such amount as the Board may determine, and

(ii) an allowance on those contributions, as so reduced, calculated in accordance with Schedule 3,

(b) in relation to a contributor to the Railways Retirement Fund, an amount equal to the sum of:

(i) his initial credit, if any, under the Railways Retirement Fund Act 1964 , immediately before he becomes a contributor,

(ii) the contributions paid, and any contributions due but unpaid, by him to the Railways Retirement Fund before he becomes a contributor, reduced by the sum of:

(a) the difference between the amount of those contributions and the amount of contributions that would have been paid or been due and payable by him to the Railways Retirement Fund had all contributions been made or been due and payable in accordance with Scale 2 of Schedule 1 to the Railways Retirement Fund Act 1964 , and

(b) where any amounts have been paid to him from the Railways Retirement Fund, such amount as the Board may determine, and

(iii) interest calculated at the rate of three and three-quarters per centum per annum, compounded annually at the end of each financial year, on his initial credit, if any, referred to in subparagraph (i) for the period that he was a contributor to the Railways Retirement Fund and on the contributions referred to in subparagraph (ii) calculated as the Board determines, having regard to the dates of payment and refund of the contributions to the date immediately prior to his becoming a contributor,

(c) in relation to a gratuity scheme officer or a Police Department appointee, the amount paid by him or on his behalf as referred to in subsection (2) of section 18.

"initial credit benefit" means, in relation to a person who under section 11 or 12 becomes a contributor, the benefit for which he would, upon attaining the age of sixty-five years and completing at least ten years’ service, become eligible by virtue of paragraph (b) of subsection (1) of section 23.
"maximum benefit", in relation to a person, the upper level of whose wage group:

(a) is less than four thousand dollars, means an amount equivalent to five times the upper level of his wage group,

(b) is four thousand dollars or more than four thousand dollars but less than eight thousand dollars, means an amount equivalent to twenty thousand dollars plus four times the difference between the upper level of his wage group and four thousand dollars,

(c) is eight thousand dollars or more than eight thousand dollars but less than twelve thousand dollars, means an amount equivalent to thirty-six thousand dollars plus three times the difference between the upper level of his wage group and eight thousand dollars, or

(d) is twelve thousand dollars or more, means an amount equivalent to forty-eight thousand dollars plus twice the difference between the upper level of his wage group and twelve thousand dollars,

less so much of his initial credit benefit, if any, as is a multiple of one hundred dollars.
"ordinary minimum benefit", in relation to a person, means twice the lower level of his wage group, less so much of his initial credit benefit, if any, as is a multiple of one hundred dollars.
"Police Department appointee" means a person employed in the Police Department with the authority of the Premier, not being a police cadet or a person employed under the Police Regulation Act 1899 , or the Public Service Act 1902 , where the date of confirmation of his appointment is before the commencement of this Act.
"prescribed" means prescribed by this Act or the regulations.
"Railways Retirement Fund" means the Railways Retirement Fund under the Railways Retirement Fund Act 1964 .
"regulations" means regulations made under this Act.
"retrenchment" means compulsory termination by an employer of the services of a contributor on the ground that the contributor’s office has been abolished, no other office in the service of his employer or another employer having been found for him at annual wages of not less than five-sixths of the annual wages applicable to him at the date of the compulsory termination, and "retrenched" has a corresponding meaning.
"service" means service under or employment by one or more employers, whether before or after the commencement of this Act.

(2) For the purposes of this Act, a person who is an employee by reason of paragraph (b) of the definition of "employee" in subsection (1), or who is a Police Department appointee, shall be deemed to be employed by the Commissioner of Police.

(3) The person by whom a contributor to the Account, a contributor to the Railways Retirement Fund or a contributor to the Fund is for the time being employed and whose name is not specified in Schedule 1 shall, for the purposes of this Act, be deemed to be the employer of that contributor.

(4) A reference in this Act to an allowance on any contributions to the Account paid by a contributor to the Account is a reference to such percentage of those contributions as is specified in Schedule 3 under the heading “Allowance as a percentage of contributions to the Account” and is opposite the number of complete years, for which the contributor contributed to the Account, specified in that Schedule under the heading “Number of complete years of contributing to the Account”.

(5) A reference in this Act:

(a) to a wage group of a person is a reference to the range:

(i) that commences at one amount of annual wages and extends to and includes a higher amount of annual wages, the higher amount being two hundred dollars more than the lower and the lower being a multiple of two hundred dollars, and

(ii) that includes the amount of the annual wages of that person,

(b) to the upper level of the wage group of a person is a reference to the higher amount, referred to in subparagraph (i) of paragraph (a), of that person’s wage group, and

(c) to the lower level of the wage group of a person is a reference to the lower amount, referred to in subparagraph (i) of paragraph (a), of that person’s wage group,

but where the annual wages of a person are a multiple of two hundred dollars, the wage group of that person is the range, the lower level of which is his annual wages and the higher level of which is the sum of his annual wages and two hundred dollars.

(6) For the purposes of this Act an employee’s appointment shall be deemed to have been confirmed:

(a) in the case of an employee whose employment by an employer commenced before or on, or within one month after, the commencement of the Transport Employees Retirement Benefits (Amendment) Act 1971 , on the day determined under the provisions of this Act as in force immediately prior to that commencement,

(b) in the case of an employee of the Commissioner for Railways, the Commissioner for Government Transport, the Commissioner for Motor Transport, the Commissioner of Police or the Public Authorities Superannuation Board, whose employment commenced on or after one month from the commencement of the Transport Employees Retirement Benefits (Amendment) Act 1971 , on the day following the expiration of a period of twelve months after the day on which his employment by the Commissioner for Railways, the Commissioner for Government Transport, the Commissioner for Motor Transport, the Commissioner of Police, the New South Wales Retirement Board or the Public Authorities Superannuation Board, as the case may be, commenced, and

(c) in the case of an employee of an employer whose name is added to Schedule 1 under section 59:

(i) being an employee whose employment by that employer commenced within twelve months before the date, or commenced after the date, on which that employer’s name was so added to that Schedule-on the day following the expiration of a period of twelve months after the day on which his employment by that employer commenced, or

(ii) being an employee whose employment by that employer commenced more than twelve months before the date on which that employer’s name was so added to that Schedule-on the day on which that employer’s name was added to that Schedule.

(7) Where, after an employee’s appointment as an employee of an employer was or has been confirmed, he ceased or ceases to be employed by that employer and subsequently became or becomes an employee in the employment of the same or another employer, he shall, for the purposes of this Act, be deemed not to be an employee unless and until his appointment to the employment last referred to in this subsection is deemed, under subsection (6), to have been confirmed on a day ascertained in accordance with that subsection.

(8) A reference in this Act to the first day of a pay period applicable to a person next following a particular date or event includes a reference to a pay period applicable to that person, the first day of which is that particular date or the date of that particular event.

(9) Where a person has nominated a benefit wage factor for the purposes of this Act, the amount of the lump sum benefit for which he shall contribute under this Act shall be an amount equivalent to the difference between:

(a) the product of that benefit wage factor and the upper level of his wage group, and

(b) so much of his initial credit benefit, if any, as is a multiple of one hundred dollars.

(10) A reference in this Act to a refund of contributions made by any person is a reference to any contributions made by or on behalf of that person to the Account, the Railways Retirement Fund established under the Railways Retirement Fund Act 1964 , or the Fund, reduced by the sum of:

(a) any amounts paid from the Fund to that person,

(b) any amount determined by the Board in respect of his initial credit under subparagraph (i) of paragraph (a), or subparagraph (ii) of paragraph (b), of the definition of "initial credit" in subsection (1), and

(c) the difference between the contributions, if any, made by that person to that Railways Retirement Fund or the Fund and the contributions that would have been so made by him had those contributions been calculated wholly at the rates applicable to that portion of a benefit that is in excess of two thousand dollars,

without any addition of interest.

(11) In this Act, unless the context or subject-matter otherwise indicates or requires, a reference to an Act includes a reference to that Act as amended, whether by subsequent Acts or otherwise, and to any Act passed in substitution for that Act.