Police Superannuation Regulation 2025

This regulation is the Police Superannuation Regulation 2025.

This regulation commences on 1 September 2025.

Note—

This regulation replaces the Police Superannuation Regulation 2020, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).

In this regulation—

additional surcharge amount means the amount of superannuation contributions surcharge assessed to be payable in accordance with a post payment surcharge assessment notice.

Commissioner of Taxation means the person holding office for the time being as Commissioner of Taxation under a law of the Commonwealth.

contributor, for Part 4—see section 21.

deferred benefit, for Part 4—see section 21.

former member of the police force, for Part 5—see section 28.

police medical officer, for Part 5—see section 28.

Police Superannuation Scheme, for Part 4—see section 21.

post payment surcharge assessment notice means a notice of the assessment of a superannuation contributions surcharge under the Superannuation Contributions Tax (Assessment and Collection) Act 1997 of the Commonwealth in relation to employer contributions paid to the Fund on behalf of a former contributor.

surcharge deduction cap means the maximum surcharge deduction amount that may be determined by STC under the Act, section 14AA(1C) in relation to a benefit payable to a former contributor.

the Act means the Police Regulation (Superannuation) Act 1906.

total surcharge amount, for a former contributor, means the sum of the following—

the total superannuation contributions surcharge assessed to be payable in relation to employer contributions paid to the Fund on the former contributor’s behalf, up to and including the date on which the former contributor receives a post payment surcharge assessment notice,

the general interest charged for the additional surcharge amount payable under the notice,

the interest payable on the surcharge debt account, within the meaning of the Act, section 14AA, kept in relation to the former contributor.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

For the Act, section 1A(1)(c), the class of members consisting of the following persons is prescribed—

Robert Allan Shankleton—Registered No 24929,

Shaun Patrick Moloney—Registered No 25077,

Jennifer Louise Cullane—Registered No 25777.

For the Act, section 1A(2), 23 October 1992 is prescribed.

For the Act, section 1(2), definition of salary of office, paragraph (a), salary of office includes remuneration received as a bonus for a member of the police force attaining any of the following qualifications—

Associate Diploma in Justice Administration,

Diploma in Criminology,

Bachelor of Laws.

For the Act, section 1(2), definition of salary of office, paragraph (a)(vii), remuneration received as any of the following is exempt—

a soiled clothing allowance,

a shift allowance,

a stocking allowance.

For the Act, section 5A(1), definition of initial period, the following periods are prescribed—

for a period of leave that is less than 3 months—that period of leave,

for a period of leave that is 3 months or more—3 months.

The following benefits may be reduced under this division—

the benefits provided under the Act, sections 5B, 7, 7AA, 8A, 9B, 9C, 10, 13, 13A, 14 and 14J,

the benefits provided under the Act, section 12, except the benefit payable under the Act, section 12(1) if the prescribed rate for that benefit is set out in the Act, section 12(1AA)(b)(ii).

Before releasing a benefit on the ground of severe financial hardship or on compassionate grounds, STC must obtain the written consent of the contributor or former contributor to the reduction of future benefits as a consequence of the early release.

This section applies to the reduction of benefits payable to, or in relation to, a contributor or former contributor to whom a benefit (an early release benefit) has been released under the Act, section 12F or 12G.

If an early release benefit is released to a former contributor who has provided for a benefit under the Act, section 9B, or had a benefit preserved under the Act, section 9C, STC must—

on and from the date of release—

calculate the amount of the benefit provided for or preserved, and

reduce the amount of the benefit provided for or preserved by the amount of the early release benefit, and

when the benefit provided for or preserved is payable—reduce the amount of the benefit by the amount of the early release benefit.

If subsection (2) does not apply, STC must—

create a debt account in the Fund in relation to the contributor or former contributor, and

when a benefit is payable—reduce the benefit that is payable by the amount debited to the debt account at the time the benefit is payable.

Despite subsection (3), if a benefit is provided for or preserved under the Act, section 9B or 9C after the release of an early release benefit and before a benefit is otherwise payable to the contributor, STC must—

on and from the date the benefit is provided for or preserved—

calculate the amount of the benefit provided for or preserved, and

reduce the amount of the benefit provided for or preserved by the amount debited to the debt account at the time the benefit is provided for or preserved, and

when the benefit provided for or preserved is payable—reduce the amount of the benefit by the amount debited to the debt account at the time the benefit was provided for or preserved.

For subsections (3) and (4), the amount debited to the debt account must be the sum of—

the amount of all early release benefits released to the contributor, and

interest on the amount at a rate determined by STC.

STC may obtain actuarial advice for the purposes of determining the amount of a reduced benefit.

For subsections (2) and (4), STC may determine which component or components of a benefit are to be reduced.

This section does not apply to reduce an early release benefit payable under the Act, section 12F or 12G.

This section applies if a benefit reduced under this division may be taken in the form of a superannuation allowance.

STC may, with the consent of the person to whom the allowance is payable, commute part of the unreduced allowance to a lump sum for the purposes of the payment to STC of the amount of the reduction.

Commutation of part of the superannuation allowance—

does not affect another right that the person has to commute the allowance under the Act, and

must not be taken into account for the purposes of determining whether, and to what extent, any other right may be exercised, and

must be done on a basis determined by STC.

STC may obtain actuarial advice for the purpose of determining the basis on which part of a superannuation allowance is to be commuted under this section.

For the Act, section 14AA(2)(a), the following benefits are prescribed—

the benefits provided under the Act, sections 5B, 7, 7AA, 8A, 9B, 10, 13A, 14 and 14J,

the benefits provided under the Act, section 12, except—

the benefit payable under the Act, section 12(1) if the prescribed rate for that benefit is set out in the Act, section 12(1AA)(b)(ii), and

the benefit payable as a result of an election under the Act, section 12(1A) to take a gratuity equivalent to the gratuity prescribed by the Act, section 13.

For the Act, section 14AA(2)(b), the following method of calculating a reduction is prescribed—

where—

R is the amount of the reduction.

M is the amount of the benefit being reduced.

A is the portion of the benefit attributable to employer contributions, which is calculated in accordance with section 13.

B is the value of the benefit, calculated as—

for a gratuity benefit, a preserved benefit or a lump sum benefit for which an election has been made or is deemed to have been made under the Act, section 14J that must be paid to or in relation to the member or former member of the police force—the amount of that benefit, or

for an allowance that must be paid to or in relation to the member or former member—the amount calculated by STC as the capitalised value of the benefits payable to or in relation to the member or former member.

Q is the sum of the number of terms determined in accordance with section 14 to reflect the number of times the rate of tax, being the tax referred to in the Act, section 14AA(1), has changed.

No benefit reduction applies where the value of A is less than 0.