New South Wales Consolidated Acts

POLICE REGULATION (SUPERANNUATION) ACT 1906 - SECT 1

1 Name of Act, commencement and definitions

(1) This Act may be cited as the Police Regulation (Superannuation) Act 1906 .

(1A) This Act shall commence on 1 February 1907.

(2) In this Act, except to the extent that the context or subject-matter otherwise indicates or requires--

"approved employment benefit" means a benefit provided to a member of the NSW Police Force at the cost of the member's employer (being a benefit of a private nature) that is approved by the Minister, with the concurrence of the Treasurer, for the purposes of this section in relation to the member or a class of employees of which the member is a member.

"attributed salary of office" of a contributor at any time means--

(a) if the contributor is a full-time member of the police force at the time, the salary of office of the contributor at that time, or

(b) if the contributor is a part-time member of the police force at the time, the salary of office that would be payable to the contributor at that time if employed as a full-time member of the police force.

"Aware Super Fund" has the same meaning as
"Fund" has in the Aware Super Act 1992 .

"Board" means the State Authorities Superannuation Board referred to in section 4 of the Superannuation Administration Act 1991 .

"Commonwealth taxation law" means a law of the Commonwealth providing for the levying and collection of a tax.

"contributor" means contributor to the Fund.

"equivalent full-time service" means the cumulative total of all periods worked by a contributor as a member of the police force (as a full-time member of the police force or a part-time member of the police force, or both) expressed as the nearest equivalent period of full-time service.

"equivalent service ratio" is defined in section 6.

"executive officer" means a member of the NSW Police Force who is--

(a) a police executive officer, or

(b) a member of the police force who is an office holder nominated for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975 , or

(c) a Public Service senior executive within the meaning of the Government Sector Employment Act 2013 .

"family law superannuation legislation" has the same meaning as it has in Part 4A.

"family law superannuation payment" has the same meaning as it has in Part 4A.

"full-time member of the police force" means a member of the police force whose salary ratio is equal to 1.

"Fund" means the Police Superannuation Fund established by this Act.

"hurt on duty" , in relation to a member of the police force, means injured in such circumstances as would, if the member were a worker within the meaning of the Workers Compensation Act 1987 , entitle the member to compensation under that Act.

"member of the police force" means a police officer within the meaning of the Police Act 1990 or a member of the NSW Police Force who was a contributor immediately before being transferred to an administrative office under section 67 of that Act.

"part-time member of the police force" means a member of the police force whose salary ratio is less than 1 but at least 0.1.

"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 .

"police force" means that part of the NSW Police Force which consists of members of the police force within the meaning of this Act.

"Police Medical Board" means the Police Medical Board established under section 15A.

"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.

"remuneration" includes allowances and other benefits.

"salary of office" , in relation to a member of the NSW Police Force other than an executive officer, means the sum of--

(a) the remuneration ordinarily received by the member as the ordinary pay of the member's rank and position, not including--

(i) an amount paid for overtime or as a bonus, or

(ii) a relieving allowance, or

(iii) an allowance paid instead of the supply of a uniform, or

(iv) an expense allowance or an allowance for travelling, subsistence or other similar expenses, or

(v) a climatic, disability or living allowance paid when stationed or residing at a particular place, or

(vi) an allowance for equipment, or

(vii) remuneration of a kind prescribed by the regulations as exempt for the purposes of this paragraph, or

(viii) in respect of any period during which the member takes extended leave (or leave in the nature of extended leave) otherwise than on full pay, such part of the remuneration received by the member as exceeds the salary of office (within the meaning of this definition) that he or she would have received had he or she taken leave on full pay,

unless the regulations otherwise provide, and

(a1) if salary sacrifice contributions are made in respect of the member, the amounts payable for those contributions under section 5AD (3) (a) and (b), and

(b) if approved employment benefits are provided to the member, the cost of providing the approved employment benefits, as determined by the Minister, with the concurrence of the Treasurer,

expressed as an annual rate.

"salary of office" , in relation to an executive officer, has the meaning set out in section 1AA.

"salary ratio" of a contributor during a period means the number ascertained by dividing the salary of office of the contributor at the commencement of the period by the attributed salary of office of the contributor at that commencement.

"salary sacrifice contribution" --see section 5AD (2).

"spouse" of a member or former member of the police force who has died means the surviving spouse (including widow or widower) of the member or former member.

"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.

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(3) Where--

(a) the salary of office of a member of the police force is reduced by reason that the member ceases to be paid an allowance (otherwise than as a consequence of disciplinary proceedings),

(b) the salary of office of the member at the date of the member's death, retirement, resignation or discharge is less than the salary of office of the member immediately before it was so reduced, and

(c) the member died, retired, resigned or was discharged on or after the day appointed and notified under section 2 (2) of the Police Regulation (Superannuation) Amendment Act 1984 ,

the salary of office of the member at the date of the member's death, retirement, resignation or discharge shall, for the purposes of this Act, be deemed to be the salary of office of the member immediately before it was so reduced.

(4) In this Act, a reference to--

(a) a function includes a reference to a power, authority and duty, and

(b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(5) In this Act, a reference to the salary of office of a member of the police force, other than an executive officer, who is a part-time member of the police force (including a member who fills a full-time position but is on part-time leave without pay) is a reference to the actual salary of office received by the officer while working as a part-time member of the police force.

(6) In this Act, a reference to part-time service includes any period during which a member of the police force is employed as a part-time employee or takes part-time leave without pay and is required by this Act to contribute to the Fund.

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