(1) Despite any other
provision of these regulations, a person who fulfils the requirements for
membership of the scheme under section 19 of the Act, or under this
Division, remains a member of the scheme until benefits payable under the Act
or these regulations to, on behalf of, or in respect of, the member have been
paid even though the member may have subsequently ceased to fulfil the
requirements for membership.
(2) However, a member
to whom benefits payable under the Act or these regulations have been paid
under regulation 58(1)(b) because the member is suffering from a
terminal illness remains a member of the scheme until the employment of the
member terminates.
(3) Subject to
subregulation (3a), if a member becomes a member of a scheme of
superannuation established for the benefit of the employees of an agency or
instrumentality of the Crown, his or her membership of the Triple S
scheme that is attributable to his or her employment by the agency or
instrumentality is terminated and an amount equivalent to the balance standing
to the credit of each account maintained by the Board in the name of the
member is to be carried over to the other superannuation scheme.
(3a)
Subregulation (3) does not apply in relation to membership of
Super SA Select.
(4) If an employer
contribution has not accrued to a member under the Act or the repealed Act for
a period of 3 years or more because the member has been an active
contributor during that period under the Superannuation Act 1988 , an
amount equivalent to the balance standing to the credit of the member's
contribution account and the member's rollover account (if any) may be paid by
the Treasurer to the credit of the member's rollover account under the
Superannuation Act 1988 and in that event the member ceases to be a
member of the Triple S scheme.
(5) However, if the
Board is maintaining a co-contribution account on behalf of a member of the
State Scheme because of co-contribution payments received in respect of that
membership, the member does not cease to be a member of the Triple S
scheme by virtue of the operation of subregulation (4).
(6) If—
(a) a
person is a member of the scheme solely by virtue of being a member of the
State Scheme in respect of whom a co-contribution has been paid to the Board;
and
(b) the
person becomes entitled to the payment of benefits under the
Superannuation Act 1988 and to the payment of the amount standing to the
credit of the person's co-contribution account,
then the person ceases to be a member of the Triple S scheme on the
payment of the balance of the co-contribution account.
(7) If—
(a) a
person is a member of the scheme solely by virtue of being a member of the
Police Superannuation Scheme—
(i)
in respect of whom a co-contribution or a benefit rolled
over from another fund or scheme has been paid to the Board; or
(ii)
who has made an election, or is taken to have made an
election, under regulation 13; and
(b) the
person becomes entitled to the payment of benefits under the
Police Superannuation Act 1990 and Part 4 of these regulations,
then the person ceases to be a member of the Triple S scheme on the
payment of the balance of each account maintained by the Board in his or her
name.
(8) If a person who
has made a fund selection ceases to be a member of the scheme under
section 19(2)(b) of the Act because they have opted to have all amounts
standing to the credit of their accounts rolled over to a complying
superannuation fund, their membership ceases on the day on which the amounts
are paid by the Board to the complying superannuation fund.