South Australian Numbered Acts

STATUTES AMENDMENT (MEMBERS' BENEFITS) ACT 2010 (NO 15 OF 2010) - SECT 6

6—Insertion of section 5A

After section 5 insert:

5A—Involuntary retirement payment

        (1)         An eligible member who retires involuntarily following the commencement of this section is entitled to an involuntary retirement payment equal to 12 weeks of basic salary (which will be taken to be remuneration for the purposes of section 6).

        (2)         A former member will be taken to have retired involuntarily for the purposes of subsection (1) if, and only if, the former member is taken to have retired involuntarily for the purposes of the Parliamentary Superannuation Act 1974 .

        (3)         However, a former member who is taken to have retired involuntarily for the purposes of the Parliamentary Superannuation Act 1974 on the basis that, following the expiration of the member's term of office or his or her resignation, the member sought to be and was elected at an election for the Parliament of another State or the Commonwealth will not be taken to have retired involuntarily for the purposes of subsection (1).

        (4)         In this section—

"eligible member" means—

            (a)         a PSS 3 member; or

            (b)         a non-participating member;

"PSS 3 member" means a member of PSS 3 under the Parliamentary Superannuation Act 1974 , other than—

            (a)         a person who is only a member of PSS 3 in order to establish—

                  (i)         a rollover account under section 7F of that Act; or

                  (ii)         a Government contribution account under section 7G of that Act,

(or both); or

            (b)         a person who is also a member pensioner (within the meaning of that Act).

Part 3—Amendment of "" Parliamentary Superannuation Act 1974"