NATURAL GAS AUTHORITY ACT 1967 - SCHEDULE 1
NATURAL GAS AUTHORITY ACT 1967 - SCHEDULE 1
Schedule 1—Staff and superannuation
In this Schedule—
complying superannuation fund means a complying superannuation fund within the
meaning of Part IX of the Income Tax Assessment Act 1936 of the
Commonwealth, as amended from time to time, other than the Fund under the
Superannuation Act 1988 ;
employee includes officer;
new scheme contributor has the meaning given by the
Superannuation Act 1988 ;
nominated employer in relation to a purchaser means a person who has been
nominated by a purchaser as the employer of a transferring employee;
old scheme contributor has the meaning given by the
Superannuation Act 1988 ;
purchaser means a purchaser of assets and liabilities from the Authority
pursuant to a sale agreement made under this Act;
State Scheme means the Scheme within the meaning of the
Superannuation Act 1988 ;
State Scheme contributor means a contributor within the meaning of the
Superannuation Act 1988 ;
Superannuation Board means the South Australian Superannuation Board
constituted under the Superannuation Act 1988 ;
transfer date in relation to a transferring employee means the date upon which
that employee becomes the employee of a purchaser or nominated employer after
having ceased to be the employee of the Authority;
transferring employee means an employee who transfers from employment of the
Authority to the employment of a purchaser or nominated employer.
(1) This section
applies to employees of the Authority who remain employees at the expiration
of one month from the date of completion of the sale and purchase of the
Moomba-Adelaide pipeline to a purchaser under this Act.
(2) The Commissioner
for Public Employment may, by order in writing, transfer an employee or group
of employees of the Authority to an administrative unit of the Public Service.
(3) An order under
this section must be made within the period of three months commencing on the
date of completion of the sale and purchase of the Moomba-Adelaide pipeline to
a purchaser under this Act.
(4) A transfer under
this section does not—
(a)
affect the employee's remuneration; or
(b)
interrupt continuity of service; or
(c)
constitute a retrenchment or redundancy.
(5) A person who is
transferred from the Authority to an administrative unit in the Public Service
under this section is taken to have accrued as an employee of the
administrative unit an entitlement to annual leave, sick leave and long
service leave that is equivalent to the entitlements that the person had
accrued, immediately before the transfer took effect, as an employee of the
Authority.
(6) A transfer under
this section does not give rise to a right to any remedy or entitlement
arising from cessation or change of employment.
3—Superannuation—State Scheme contributors who have reached the
age of 55 years
(1) A State Scheme
contributor who is a transferring employee and who has reached the age of 55
years as at the transfer date is taken, for the purposes of the
Superannuation Act 1988 (but for no other purpose)—
(a) to
have continued in the employment of the Authority until his or her employment
with the purchaser or nominated employer is terminated for any reason; and
(b) to
have elected to make and to have made no contribution to the State Scheme
after the transfer date.
(2) A State Scheme
contributor who is a transferring employee and who has reached the age of 55
years as at the transfer date, is, on termination of his or her employment
with the purchaser or a nominated employer for any reason other than
death—
(a)
taken for the purposes of the Superannuation Act 1988 (but for no other
purpose) to have retired from the Authority on the date of termination of
employment with the purchaser or nominated employer; and
(b)
entitled to a benefit under section 34 or 27 (as may be appropriate) of the
Superannuation Act 1988 (as modified under subsection (6)); and
(c) in
the case of a new scheme contributor—entitled to a further benefit under
section 32A of the Superannuation Act 1988 .
(3) Where an old
scheme contributor who is a transferring employee and who has reached the age
of 55 years as at the transfer date dies after the transfer date, a benefit
must be paid in accordance with section 38 of the Superannuation Act 1988
(as modified under subsection (6)).
(4) Where a new scheme
contributor who is a transferring employee and who has reached the age of 55
years as at the transfer date dies after the transfer date, a benefit must be
paid in accordance with section 32 of the Superannuation Act 1988 (as
modified under subsection (6)).
(5) Where a new scheme
contributor who is a transferring employee and who has reached the age of 55
years as at the transfer date dies after the transfer date while in the
employment of a purchaser or a nominated employer, a further benefit shall be
paid pursuant to section 32A of the Superannuation Act 1988 .
(6) For the purposes
of subsections (2), (3) and (4)—
(a) the
item "FS" wherever appearing in section 32(3) and 34 of the
Superannuation Act 1988 has the following meaning:
FS is the contributor's actual or attributed salary (expressed as an amount
per fortnight) immediately before the transfer date adjusted to reflect
changes in the Consumer Price Index from the transfer date to the date of
termination of the contributor's employment with the purchaser or nominated
employer; and
(b) the
item "FS" wherever appearing in sections 27, 32(2), 32(3a), 32(5) and 38 of
the Superannuation Act 1988 has the following meaning:
FS is the contributor's actual or attributed salary (expressed as an annual
amount) immediately before the transfer date adjusted to reflect changes in
the Consumer Price Index from the transfer date to the date of termination of
the contributor's employment with the purchaser or nominated employer; and
(c)
section 32(3a)(a)(i)(B) of the Superannuation Act 1988 applies as if
amended to read as follows:
(B) an amount equivalent to twice the
amount of the contributor's actual or attributed salary (expressed as an
annual amount) immediately before the transfer date adjusted to reflect
changes in the Consumer Price Index from the transfer date to the date of
termination of the contributor's employment with the purchaser or nominated
employer; and
(d)
section 34(5) of the Superannuation Act 1988 applies as if amended to
read as follows:
(5) The amount of a
retirement pension will be the amount calculated under this section or 75% of
the contributor's actual or attributed salary (expressed as an amount per
fortnight) immediately before the transfer date adjusted to reflect changes in
the Consumer Price Index from the transfer date to the date of termination of
the contributor's employment with the purchaser or nominated employer
(whichever is the lesser).; and
(e) the
expressions transfer date , purchaser , nominated employer in the above
provisions have the same meanings as in this Schedule.
(7) Despite the above
provisions of this section, within one month after the transfer date, a State
Scheme contributor who has reached the age of 55 years as at the transfer date
may elect, by notice in writing to the Superannuation Board—
(a) in
the case of an old scheme contributor—to receive a benefit under
section 39A of the Superannuation Act 1988 ; and
(b) in
the case of a new scheme contributor—to receive a benefit under
section 28A of that Act.
(8) If a State Scheme
contributor makes an election under subsection (7)—
(a) the
contributor becomes entitled to a benefit under the relevant provision of the
Superannuation Act 1988 in accordance with the election (and
subsections (1) to (6) of this section do not apply to the contributor);
and
(b) on
receipt of the relevant benefit, the contributor ceases to be a State Scheme
contributor.
4—State Scheme contributors who have not reached the age of 55 years
(1) Within one month
after the transfer date, a transferring employee who has not reached the age
of 55 years as at the transfer date and who is an old scheme contributor may
elect by notice in writing to the Superannuation Board, either—
(a) to
have his or her accrued superannuation benefits preserved under section 39 of
the Superannuation Act 1988 ; or
(b) to
receive a benefit under section 39A of that Act.
(2) If a transferring
employee who is an old scheme contributor fails to make an election under
subsection (1) within one month after the transfer date, the employee is
taken to have made an election under subsection (1)(a).
(3) Within one month
after the transfer date, a transferring employee who has not reached the age
of 55 years as at the transfer date and who is a new scheme contributor may
elect by notice in writing to the Superannuation Board—
(a) to
have his or her accrued superannuation benefits preserved under section 28 of
the Superannuation Act 1988 ; or
(b) to
receive a benefit under section 28A of that Act; or
(c) to
carry over accrued superannuation benefits to some other complying
superannuation fund.
(4) If a transferring
employee who is a new scheme contributor fails to make an election under
subsection (3) within one month after the transfer date, the employee is
taken to have made an election under subsection (3)(a).
(5) If a State Scheme
contributor makes an election under subsection (1)(a) or (3)(a), the
contributor will be taken for the purposes of the Superannuation Act 1988
to have elected under section 39 or 28 of that Act (whichever may apply to the
contributor) to preserve accrued benefits (and the relevant section will apply
subject to this Schedule).
(6) Despite the
provisions of section 39 or 28 of the Superannuation Act 1988 ,
(whichever may apply to the contributor), where accrued benefits are preserved
under that section in respect of a transferring employee who is a State Scheme
contributor, those benefits shall not become payable until the employee—
(a)
ceases to be an employee of the purchaser or nominated employer and reaches
the age of 55; or
(b)
dies; or
(c)
becomes totally and permanently incapacitated for work and ceases to be an
employee of the purchaser or a nominated employer.
(7) If a State Scheme
contributor makes an election under subsection (1)(b) or (3)(b), the
contributor will be taken for the purposes of the Superannuation
Act 1988 to have become entitled to a benefit under section 39A or 28A of
that Act (whichever may apply to the contributor).
(8) If a new scheme
contributor makes an election under subsection (3)(c), a payment must be
made on behalf of the new scheme contributor to a complying superannuation
fund nominated by the contributor and approved by the Superannuation Board of
an amount under section 28(5) of the Superannuation Act 1988 .
(9) On the making of a
payment under subsection (7) or (8), the contributor concerned ceases to
be a State Scheme contributor.
(10) For the purposes
of this section—
(a) the
items "AFS" and "FS" wherever appearing in sections 28(4), 28(5) and 39(3) of
the Superannuation Act 1988 mean the contributor's actual or attributed
salary (expressed as an annual amount) immediately before the transfer date
adjusted to reflect changes in the Consumer Price Index from the transfer date
to the date of termination of the contributor's employment with the purchaser
or the nominated employer; and
(b)
section 39(6)(b) of the Superannuation Act 1988 applies as if amended to
read as follows:
(b) the
contributor's actual or attributed salary for the purposes of calculating the
pension were that salary immediately before the transfer date adjusted to
reflect changes in the Consumer Price Index between the transfer date and the
date on which the pension first became payable;;
(c) the
expressions transfer date , purchaser , nominated employer in the above
provisions have the same meanings as in this Schedule.
5—Non-application of certain provisions of the Superannuation
Act 1988
The provisions of Parts 4 and 5 of the Superannuation Act 1988 apply to
transferring employees only to the extent that they are made applicable by
sections 3 and 4 of this Schedule.
If the Superannuation Board is of opinion that a limitation period referred to
in this Schedule would unfairly prejudice a State Scheme contributor, the
Board may extend the period as it applies to the contributor.