State Authorities Superannuation Regulation 2025

This regulation is the State Authorities Superannuation Regulation 2025.

This regulation commences on 1 September 2025.

Note—

This regulation replaces the State Authorities Superannuation Regulation 2020, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).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 by a post payment surcharge assessment notice.

base salary, for Part 7—see section 41.

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

continuous contributory service, for Part 2—see section 4.

contributor, for Part 3—see section 20(1).

contributor’s loading, for Part 7—see section 41.

Death and Disability Superannuation Fund, for Part 4—see section 28.

permanent firefighter, for Part 4—see section 28.

post payment surcharge assessment notice means a notice of assessment—

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

that is received by the former contributor after a benefit has commenced to be paid or has been paid to the former contributor.

relevant period, for Part 7—see section 41.

relevant shift, for Part 7—see section 41.

surcharge deduction cap means the maximum surcharge deduction amount that may be determined by STC under the Act, section 45A(1C) in relation to a benefit payable to a former contributor.

taxable date, for Part 2—see section 4.

the Act means the State Authorities Superannuation Act 1987.

total surcharge amount, in relation to a former contributor, means the sum of the following—

the total superannuation contributions surcharge that has been 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 that notice,

the interest payable for the surcharge debt account, within the meaning of the Act, section 45A, kept in relation to the former contributor.

Note 1—

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

Note 2—

See the Act, sections 3 and 36 for definitions that apply to this regulation.

In this part—

continuous contributory service, for a contributor, means the period beginning on the contributor’s entry date and ending on the contributor’s exit date.

taxable date means the date from which STC is liable to pay income tax under a Commonwealth taxation law for employer contributions to the Fund.

For the Act, section 45A(2)(a), the benefits provided under the following provisions of the Act are prescribed—

section 37,

section 39,

section 40,

section 41,

section 42,

section 43.

Despite subsection (1), a benefit arising as a result of the death of a person must not be reduced by STC to offset tax liabilities of the Fund except as provided by section 10.

For the Act, section 45A(2)(b), the following formula is prescribed as the method of calculating a reduction of a benefit payable under the Act, section 37—

where—

R is the amount of the reduction.

A is the accrued benefit points for the contributor at the contributor’s exit date.

B is the period in days of continuous contributory service that began on the taxable date.

C is the period in days of continuous contributory service for the contributor.

F is the contributor’s final average salary.

This section does not apply to a benefit arising as a result of the death of a contributor.

For the Act, section 45A(2)(b), the following formula is prescribed as the method of calculating a reduction of a benefit payable under the Act, section 39, 40 or 42—

where—

R is the amount of the reduction.

A is the accrued benefit points for the contributor at the contributor’s exit date.

B is the period in days of continuous contributory service that began on the taxable date.

C is the period in days of continuous contributory service for the contributor.

S is the contributor’s final salary.

For the Act, section 45A(2)(b), the following formula is prescribed as the method of calculating a reduction of a benefit payable under the Act, section 41—

where—

R is the amount of the reduction.

T is the period in years, with a fractional part of a year being calculated based on complete contribution periods, that commenced on the most recent of the taxable date or the contributor’s entry date and ended on the contributor’s exit date.

C is the amount of the contributor-financed benefit payable under the Act, section 41(2)(a).

A is the accrued benefit points for the contributor at the contributor’s exit date.

Y is the sum of the contributor’s contributed points figures calculated in relation to the contributor for the applicable contribution periods.

This section does not apply to a benefit if the contributor’s period of continuous contributory service is less than 10 years.

For the Act, section 45A(2)(b), the following formula is prescribed as the method of calculating a reduction of a benefit if a contributor elects to provide for a deferred benefit under the Act, section 43—

where—

R is the amount of the reduction.

A is the accrued benefit points for the contributor at the contributor’s exit date.

B is the period in days of continuous contributory service that began on the taxable date.

C is the period in days of continuous contributory service for the contributor.

F is the contributor’s final average salary.

K is the discount factor determined by STC for the Act, section 43(6)(b).

n is the period expressed in years between the contributor’s age at the contributor’s exit date and the early retirement age, with a fractional part of a year being calculated on the basis of complete contribution periods.

This section applies to a transferred contributor within the meaning of the State Authorities Superannuation (Transitional Provisions) Regulation 1988 (the 1988 regulation).

For the Act, section 45A(2)(b), the following formula is prescribed as the method of calculating a reduction of a pension benefit for a transferred contributor, or other eligible person, who elects to take a pension benefit under the 1988 regulation, clause 38—

where—

R is the amount of the reduction.

B is the period in days of continuous contributory service that began on the taxable date.

C is the period in days of continuous contributory service for the transferred contributor concerned.

P is—

if the transferred contributor is dead—the proportion of the pension that is attributable to accrued benefit points and that, but for this section, would be payable under the 1988 regulation, clause 44, to the spouse or de facto partner of the contributor, or

otherwise—the proportion of the pension that is attributable to accrued benefit points and that, but for this section, would be payable to the transferred contributor under the 1988 regulation, clause 40, 41, 42 or 43.

If a transferred contributor or other person referred to in subsection (2) elects to convert to a pension benefit only a portion of the benefit points of the transferred contributor, the benefit to be derived from the benefit points remaining after conversion must be reduced in accordance with the provisions of this part that apply to the benefit.

This section applies to a transferred contributor within the meaning of the State Authorities Superannuation (State Public Service Superannuation Scheme Transfer) (Savings and Transitional) Regulation 1989.

For the Act, section 45A(2)(b), if the benefit of a transferred contributor is reduced in accordance with a formula set out in section 6, 7 or 9, the multiple “0.025” in the formula must be read as “0.03”.

For the Act, section 45A(3), the benefits provided under the following provisions of the Act are prescribed—

section 37,

section 38,

section 39,

section 40,

section 41,

section 42,

section 43.