Superannuation Act 1986

approved allowances means allowances or entitlements that are, by determination of the Commissioner under subsection (2), to be taken into account in determining the member's benefit salary.

benefit salary means:

(i) in the case of a member employed on a full-time basis – the member's notional salary (as defined in the contract) as at the member's exit date or such other amount as may be determined by the Commissioner; or

(ii) in the case of a member employed on a part-time basis – the full-time equivalent of the member's notional salary (as defined in the contract) as at the member's exit date or such other amount as may be determined by the Commissioner; or

(b) for a member employed in the Police Force (other than a police auxiliary or a Police Public Safety officer appointed under section 19 of the Police Administration Act 1978 or a person employed under an Executive Contract of Employment) – an amount calculated as follows:

BS = 1.3S + A

where:

BS is the amount to be ascertained; and

S is:

(i) for a member employed on a full-time basis immediately before the member's exit date, the member's salary (exclusive of approved allowances) as at the member's exit date as certified by the member's employer and accepted by the Commissioner; or

(ii) for a member employed on a part-time basis immediately before the member's exit date – the full-time equivalent of the member's salary (exclusive of approved allowances) as at the member's exit date as certified by the member's employer and accepted by the Commissioner; and

A is the amount of the member's approved allowances immediately before the member's exit date as certified by the member's employer and accepted by the Commissioner; or

(c) for any other employee member – the member's actual salary, or in the case of a part-time employee, the full-time equivalent of the member's salary, as at the member's exit date, as certified by the member's employer and accepted by the Commissioner; or

(d) for a parliamentary member – the member's basic salary as a Member of the Legislative Assembly as at the member's exit date plus any additional salary to which the member was then entitled for a ministerial or parliamentary office as certified by the Clerk of the Legislative Assembly and accepted by the Commissioner.

employee member means a member who is a permanent employee.

employment means:

(a) service as a permanent employee under a contract of service or in a statutory or other public office; or

exit date means the date on which a person ceases to be a member of the Scheme.

invalidity retirement means retirement on the ground of invalidity (see section 45F).

invalidity retirement benefit, see section 45Q.

member means a member of the Scheme.

nominal retirement age, for a member, means the age of 65 years, or if retirement is compulsory at a younger age, the age at which retirement becomes compulsory.

NTGDIS benefit, see section 45N.

parliamentary member means a member who is a Member of the Legislative Assembly.

part-time member means a member who is, immediately before the member's exit date, in part-time employment.

part-time ratio, for a part-time member, means the quotient obtained:

(a) by dividing the member's actual hours of work immediately before the member's exit date by the number of hours of work that would constitute full-time employment; or

(b) on some other basis (which may involve estimation or supposition) the Commissioner considers fair to the member in the circumstances.

salary includes approved allowances.

Scheme means the NTGDI Scheme.

workers' compensation agreement means an agreement under which:

(a) an amount is payable instead of periodic payments under workers' compensation legislation; and

(b) there is no exclusion or limitation of the application of, or the rights or entitlements of a person under, that legislation; and

(c) the amount is repayable if those rights or entitlements are pursued.

(2) The Commissioner may determine, in relation to a particular class of members, that allowances of a particular kind are to be taken into account, in a particular way, for calculating the benefit salary of a member of the relevant class.

Examples

1 The Commissioner might determine that allowances of a particular kind are to be taken into account as if they formed part of the salary of members of a particular class.

2 The Commissioner might determine for members employed in the Police Force (other than a police auxiliary or person employed under an Executive Contract of Employment) that an allowance of a particular kind is to be taken into account for the purposes of the relevant formula in the definition of benefit salary.