Tasmanian Numbered Regulations

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RETIREMENT BENEFITS REGULATIONS 2005 (S.R. 2005, NO. 77) - REG 111

Apportionment of employer liability
(1)  In this regulation –
apportionment transfer means a transfer where a contributor is appointed, transferred or promoted from –
(a) a prescribed authority to another prescribed authority; or
(b) a prescribed authority to a non-funding Agency; or
(c) a non-funding Agency to a prescribed authority;
current Agency means the prescribed authority or non-funding Agency in which the contributor is currently employed;
former Agency means the prescribed authority or non-funding Agency in which the contributor was formerly employed immediately before he or she was subject to an apportionment transfer;
non-funding Agency means an Agency where the employer component of the superannuation benefits payable to a contributor are paid by the Minister.
(2)  Where a contributor is subject to an apportionment transfer on or after the commencement day, the current Agency may request the Board, within 60 days after the date of the apportionment transfer, to apportion the employer liability in accordance with this regulation.
(3)  On a request being made by the current Agency under subregulation (2) , the former Agency must pay to the current Agency an amount determined by the Board in accordance with the following formula:
graphic image
where –
P is the amount to be paid by the former Agency to the current Agency;
ABMF is the contributor's adjusted benefit multiple factor, calculated by taking the rate or rates of contribution made by the contributor and multiplying the benefit multiple factor prescribed for that rate or those rates of contribution under regulation 44 by the contributor's length of service expressed in years at that rate or for each of those rates of contribution and accumulating each result obtained from those multiplications;
FAS(1) is the salary paid or payable to the contributor in respect of the 12 months immediately preceding the cessation of his or her employment in the former Agency;
AF is an actuarial factor determined by the Board on the advice of the Actuary having regard to the age of the contributor;
ES is the employer component of the benefit determined under regulation 106 .
(4)  For the purposes of the definition of "ABMF" in subregulation (3) , a contributor's length of service is taken to end on the day when he or she ceased employment in the former Agency.
(5)  A determination under subregulation (3) is to be made by the Board and provided to the former Agency within 60 days after a request is made by the current Agency under subregulation (2) .
(6)  An amount payable under subregulation (5) is to be made by the former Agency to the current Agency within 30 days after the date of receipt of the Board’s determination.
(7)  A payment made by the former Agency to the current Agency in accordance with this regulation extinguishes any superannuation liability of the former Agency in respect of the contributor.
(8)  The Board is not to apportion the employer liability of any benefit arising from an appointment, promotion or transfer of a contributor to a current Agency that occurred before the commencement day.



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