PART 11 - ADDITIONAL ACCUMULATIONS

11.1.1 A member may transfer:

(a) an amount payable to, or in respect of, him/her by another occupational superannuation scheme, other than an amount payable because of physical or mental incapacity to perform his/her duties; or

(b) the amount of any eligible termination payment payable to, or in respect of him/her; or

(c) an amount payable to, or in respect of, him/her in accordance with the Superannuation Guarantee (Administration) Act 1992;

into the PSS scheme as a transfer amount, provided payment is received by the Board within six months, or such further period as the Board allows, of the later of:

(A) the person becoming a member; or

(B) the amount becoming payable on cessation of the employment to which the payment relates.

11.1.2 The Board must pay any transfer amount except amounts received after the six months or the further period referred to in Rule 11.1.1.

11.1.3 Interest (if any) on a transfer amount paid into the PSS Fund accumulates in accordance with a determination or determinations by the Board as to rates of interest and method of allocation. The transfer amount plus accumulated interest is called the Accumulated Transfer Amount.

11.1.4 Interest (if any) on an Accumulated Transfer Amount preserved in the PSS scheme on cessation of membership accumulates in accordance with a determination or determinations by the Board as to rates of interest and method of allocation..

11.2.1 A member who:

(a) transferred a transfer amount into the PSS scheme after 31 December 1995, the entitlement to which did not arise from employment during a period of leave of absence without pay that commenced on or before that date (see Rule 11.3.4); and

(b) ceases to be a member, but not by reason of death;

is entitled to:

(i) payment or transfer of the Accumulated Transfer Amount under the same conditions, in the same manner and, where relevant, to the same extent as permitted by the SIS Act (with the balance being preserved in the PSS scheme or rolled over) as the member’s final benefit accrual is payable or transferable under Part 6, except that the Accumulated Transfer Amount cannot be converted to a pension; or

(ii) preserve the Accumulated Transfer Amount in the PSS scheme; or

(iii) roll-over the Accumulated Transfer Amount.

unless the member ceased membership on electing to have the Judges’ Pensions Act 1968 apply (see Rule 11.2.3).

11.2.2 On the death of a member who transferred a transfer amount into the PSS scheme after 31 December 1995, the entitlement to which did not arise from employment during a period of leave of absence without pay that commenced on or before that date (see Rule 11.3.4), the Accumulated Transfer Amount is payable under the same conditions and to the same person or persons, and, where relevant, in the same proportions as are payable to those persons, as the deceased member’s death benefit accrual is payable under Part 7. The Accumulated Transfer Amount cannot be taken as a reversionary pension.

11.2.3 A member who transferred a transfer amount into the PSS scheme after 31 December 1995, the entitlement to which did not arise from employment during a period of leave of absence without pay that commenced on or before that date, and who ceases membership on electing to have the Judges’ Pensions Act 1968 apply is entitled to:

(a) preserve the Accumulated Transfer Amount in the PSS scheme if he/she preserves other benefits in the PSS scheme; or

(b) roll-over the Accumulated Transfer Amount.

11.2.4 An Accumulated Transfer Amount, or part of such Accumulated Transfer Amount, that has been preserved in the PSS scheme, as further accumulated until payment, is payable to the same person or persons under the same conditions as apply to, and on the same date as, a preserved benefit under Part 8.

11.3.1 On cessation of membership, a member who transferred a transfer amount into the PSS scheme before 1 January 1996 (see also Rule 11.3.4) is, in respect of that transfer amount, entitled, unless the member ceased membership on electing to have the Judges’ Pensions Act 1968 apply (see Rule 11.3.3), to whichever is the greater of his/her:

(a) Accumulated Transfer Amount; or

(b) Transfer Multiple Amount calculated by the formula:

where:

FAS is the member’s final average salary; and

TA is the:

(i) if the transfer amount was received by the Board before 2 February 1994, the transfer amount plus interest, if any, accumulated to the day 12 months after the transfer amount was received; or

(ii) if the transfer amount was received by the Board after 1 February 1994:

(A) the transfer amount paid into the PSS Fund by the Board; or

(B) if the Board decides to use a later date under paragraph (ii)(B) of the definition of AS that follows, the amount equal to the total of the transfer amount paid into the PSS Fund by the Board and any interest accrued on that transfer amount to that later date; and

IT is the income tax payable by the PSS Fund, if any, in respect of the transfer amount; and

AS is the member’s average salary on:

(i) if the transfer amount was received by the Board before 2 February 1994, the day 12 months after the transfer amount was received; or

(ii) if the transfer amount was received by the Board after 1 February 1994:

(A) the date of receipt of the transfer amount; or

(B) any later date decided by the Board as necessary to promote equitable treatment between members, but not a date later than 12 months after the date the transfer amount was received.

11.3.2 A member who is entitled to an Accumulated Transfer Amount under Rule 11.3.1 may choose instead an entitlement to his/her Transfer Multiple Amount calculated under that Rule if he/she converts all or part of that Transfer Multiple Amount to additional pension under Rule 11.3.5.

11.3.3 A member who transferred a transfer amount into the PSS scheme before 1 January 1996 and who ceases membership on electing to have the Judges’ Pensions Act 1968 apply is entitled to:

(a) preserve in the PSS scheme:

(i) the Accumulated Transfer Amount; and

(ii) the amount (if any) by which the Transfer Multiple Amount exceeds the Accumulated Transfer Amount;

if he /she preserves other benefits in the PSS scheme; or

(b) roll-over the Accumulated Transfer Amount.

11.3.4 A member is taken for the purposes of this Division to have transferred a transfer amount into the PSS scheme before 1 January 1996 if he/she:

(a) was on leave of absence without pay on 31 December 1995 and, on return from that leave of absence without pay, transferred into the PSS scheme a transfer amount, the entitlement to which arose from employment during the period of leave of absence without pay; or

(b) transferred into the PSS scheme after 31 December 1995 a transfer amount to which his/her entitlement arose from employment during a period of leave of absence without pay that ceased on or before that date; or

(c) transferred into the PSS scheme after 31 December 1995 a transfer amount to which his/her entitlement arose from employment that ceased before that date.

11.3.5 A member may convert all or part of his/her Transfer Multiple Amount to additional pension (see Rule 11.3.6) if he/she:

(a) is entitled to convert at least half of his/her final benefit accrual to pension under the conditions set out in Part 6; and

(b) is entitled to, or chooses under Rule 11.3.2 an entitlement to, a Transfer Multiple Amount;

provided that at least half of the sum of the final benefit accrual and the Transfer Multiple Amount is converted.

11.3.6 The additional pension is calculated by dividing the part of the Transfer Multiple Amount to be converted to pension by the pension conversion factor determined from the Table - Pension Conversion Factors in Rule 9.2.1. Any part of the member’s Transfer Multiple Amount that is not converted to additional pension is payable as a lump sum.

11.3.7 On cessation of membership a member who:

(a) transferred a transfer amount into the PSS scheme before 1 January 1996; and

(b) does not cease membership on invalidity retirement before age 60, or death; and

(c) is not entitled to, or does not, convert some or all of his/her Transfer Multiple Amount to a pension under Rule 11.3.5;

is entitled to:

(i) payment of whichever is the greater of his/her Accumulated Transfer Amount or his/her Transfer Multiple Amount under the same conditions, in the same manner (other than as a pension) and, where relevant, to the same extent as permitted by the SIS Act (with any balance being preserved in the PSS scheme or rolled over), as the member’s final benefit accrual is payable under Part 6; or

(ii) preserve in the PSS scheme the Accumulated Transfer Amount, together with the amount (if any) by which the Transfer Multiple Amount exceeds the Accumulated Transfer Amount; or

(iii) roll-over the Accumulated Transfer Amount.

11.3.8 A member who:

(a) transferred a transfer amount into the PSS scheme before 1 January 1996; and

(b) ceases to be a member by reason of invalidity retirement before age 60 and was not a limited benefits member; and

(c) chooses under the conditions set out in Part 6 to take the whole of his/her invalidity benefit accrual as a pension, or to be paid a lump sum of some or all of his/her accumulated member contributions and to convert the balance of his/her invalidity benefit accrual into a pension;

is entitled:

(i) if he/she chooses to take his/her invalidity benefit accrual as a pension - to additional pension, calculated by dividing his/her Transfer Multiple Amount by 11; or

(ii) if he/she chooses to be paid a lump sum of some or all of his/her accumulated member contributions - to choose to be paid a lump sum of some or all of that part of his/her Transfer Multiple Amount that represents member contributions and interest and to convert the balance of the Transfer Multiple Amount that was not paid as a lump sum into additional pension, calculated by dividing the balance of the Transfer Multiple Amount by 11.

11.3.9 A member who:

(a) transferred a transfer amount into the PSS scheme before 1 January 1996; and

(b) ceases to be a member by reason of invalidity retirement before age 60 and was a limited benefits member on cessation of membership;

is entitled to:

(i) payment of whichever is the greater of his/her Accumulated Transfer Amount or his/her Transfer Multiple Amount; or

(ii) roll-over the Accumulated Transfer Amount.

11.3.10 A member who:

(a) transferred a transfer amount into the PSS scheme before 1 January 1996; and

(b) chooses under Rule 11.3.5 or Rule 11.3.8 to convert all or part of his/her Transfer Multiple Amount to additional pension;

is taken to have become a maximum benefits member on the first contribution due day during his/her period of membership on which the amount in respect of the year in which the contribution due day falls, as shown opposite the member’s average salary:

(i) in the Table Maximum Benefits in Rule 5.6.1 (as amended by determination of the Board under Rule 5.6.5 from time to time) applicable in that year; or

(ii) in the relevant Table in Division 7 of Part 5 (as amended by determination of the Board under Rule 5.7.7 from time to time) applicable in that year, if the member has received, or is entitled to receive, an adjustment payment under the Australian Federal Police Act 1979;

is equalled or exceeded by the amount calculated by the following formula:

(BAM × AS) + (TM × AS)

where:

11.3.11 Any member contributions paid by the member subsequent to the contribution due day ascertained under Rule 11.3.10, together with the interest (if any) in respect of these contributions in accordance with a determination or determinations by the Board as to rates of interest and method of allocation, are payable to the former member.

11.3.12 An Accumulated Transfer Amount, or part of such Accumulated Transfer Amount, that has been preserved in the PSS scheme, as further accumulated until payment, is payable to the former member under the same conditions as apply to, and on the same date as, a preserved benefit under Part 8.

11.3.13 The amount preserved in the PSS scheme (if any) by which the Transfer Multiple Amount exceeded the Accumulated Transfer Amount on cessation, accumulated until payment by the method set out in Rules 8.6.2 and 8.6.3 in relation to an unfunded preserved benefit, is

payable to the former member under the same conditions as apply to, and on the same date as, a preserved benefit under Part 8.

11.3.14 A preserved benefit member who preserved in the PSS scheme:

(a) the whole of his/her Accumulated Transfer Amount; and

(b) all his/her accumulated member contributions (other than any refunded Excess Contribution Multiple);

may, under the same conditions and to the same extent as set out in Part 8, convert to additional pension some or all of the sum of:

(i) his/her Accumulated Transfer Amount, as further accumulated until payment; and

(ii) the amount, if any, by which his/her Transfer Multiple Amount exceeded the Accumulated Transfer Amount on cessation of membership, accumulated until payment by the method set out in Rules 8.6.2 and 8.6.3 in relation to an unfunded preserved benefit.

provided that:

(A) if the entitlement to payment does not arise on invalidity grounds, at least half of the sum of the former member’s preserved benefit and the amounts in items (i) and (ii) is converted to pension; or

(B) if the entitlement to payment arises on invalidity grounds, at least all of that part of the Accumulated Transfer Amount, as accumulated, that does not represent member contributions, as accumulated, is converted to pension; and

(C) any part of the member’s Accumulated Transfer Amount, as accumulated until payment, and the amount, if any, by which his/her Transfer Multiple Amount exceeded the Accumulated Transfer Amount on cessation, as accumulated until payment, that has not been converted to additional pension is payable as a lump sum

11.3.15 A preserved benefit member who chooses to take additional pension under Rule 11.3.14 is taken to have become a maximum benefits member on the first contribution due day during his/her period of membership on which the amount in respect of the year in which the contribution due day falls shown opposite the member’s average salary:

(i) in the Table Maximum Benefits in Rule 5.6.1 (as amended by determination of the Board under Rule 5.6.5 from time to time); or

(ii) in the relevant Table in Division 7 of Part 5 (as amended by determination of the Board under Rule 5.7.7 from time to time), if the member has received, or is entitled to receive, an adjustment payment under the Australian Federal Police Act 1979;

is equalled or exceeded by the amount calculated by the formula in Rule 11.3.10.

11.3.16 On the death of a member who:

(a) transferred a transfer amount into the PSS scheme before 1 January 1996; and

(b) was not a limited benefits member at the date of his/her death;

additional reversionary pension is payable under the same conditions and to the same person or persons, and, where relevant, in the same proportions as are payable to those persons, as reversionary pension is payable under Part 7. The additional reversionary pension is calculated in accordance with the formula in Rule 9.3.2, but replacing the death benefit accrual in that formula with the Transfer Multiple Amount in respect of the deceased member.

11.3.17 The Board will take the Transfer Multiple Amount in respect of the deceased member into account, in addition to the deceased member’s Benefit Accrual Multiple, in ascertaining the date under Rule 5.4.2 when the deceased member would have become a maximum benefits member if all additional reversionary pension is not converted to a lump sum or lump sums under rule 11.3.18.

11.3.18 A spouse of the deceased member to whom Rule 11.3.16 applies may convert the same proportion of the additional reversionary pension to a lump sum as the proportion of the reversionary pension chosen by that spouse under Rule 7.1.2 to be converted to a lump sum calculated in accordance with the formula in Rule 9.3.4, but substituting the greater of the Accumulated Transfer Amount or the Transfer Multiple Amount for the death benefit accrual in respect of the deceased member.

11.3.19 If the deceased member to whom Rule 11.3.16 applies is not survived by a spouse but is survived by any child entitled to additional pension, the Board will pay a lump sum, if any, of the difference between the capital value of the additional pension or pensions payable, as determined by the Board after considering actuarial advice, and the greater of the Accumulated Transfer Amount or the Transfer Multiple Amount in respect of the deceased member to, or on behalf of, the child or children.

11.3.20 If the deceased member to whom Rule 11.3.16 applies is not survived by a spouse or spouses, or a child or children eligible for benefits, the greater of the Accumulated Transfer Amount or Transfer Multiple Amount is payable to the same person or persons as the death benefit accrual is payable under Part 7.

11.3.21 On the death of a member who:

(a) transferred a transfer amount into the PSS scheme before 1 January 1996; and

(b) was a limited benefits member at the date of his/her death

the greater of the Accumulated Transfer Amount or the Transfer Multiple Amount in relation to the deceased limited benefits member is payable under the same conditions and to the same person or persons, and, where relevant, in the same proportions as are payable to those persons,

as the lump sum of the final benefit accrual in relation to the former member is payable under Part 7.

11.3.22 An Accumulated Transfer Amount that has been preserved in the PSS scheme and a preserved amount (if any) by which the Transfer Multiple Amount exceeded the Accumulated Transfer Amount on cessation, as accumulated, that become payable on the death of a preserved benefit member are payable under the same conditions and to the same person or persons and, where relevant, in the same proportions as are payable to those persons, as a preserved benefit is payable under Division 4 of Part 7.

11.3.23 A spouse of a deceased preserved benefit member who preserved:

(a) the whole of his/her Accumulated Transfer Amount; and

(b) all his/her accumulated member contributions (other than any refunded Excess Contribution Multiple);

in the PSS scheme may convert to additional reversionary pension some or all of the proportion to which he/she is entitled of the sum of:

(i) the Accumulated Transfer Amount, as further accumulated until payment, applicable to the deceased preserved benefit member; and

(ii) the amount, if any, by which the Transfer Multiple Amount applicable to the deceased preserved benefit member exceeded the Accumulated Transfer Amount applicable to him/her on cessation, accumulated until payment by the method set out in Rules 8.6.2 and 8.6.3 in relation to an unfunded preserved benefit;

provided that at least half of the proportion to which the spouse is entitled of the sum of the preserved benefit applicable to the deceased preserved benefit member and the amounts in items (i) and (ii) is converted to pension.

11.3.24 Any part of the proportion applicable to the spouse of the Accumulated Transfer Amount, as accumulated until payment, and the amount, if any, by which the Transfer Multiple Amount applicable to the deceased preserved benefit member exceeded the Accumulated Transfer Amount applicable to him/her on cessation, as accumulated until payment, that is not converted to additional reversionary pension is payable as a lump sum.

11.3.25 On the death of a pensioner in receipt of additional pension under Rule 11.3.5, additional reversionary pension is payable under the same conditions and to the same person or persons, and, where relevant, in the same proportions as are payable to those persons, as reversionary pension is payable under Part 7. The additional reversionary pension is calculated in

accordance with the provisions of Division 3 of Part 9 relevant to the relationship(s) to the deceased pensioner.

11.3.26 If additional reversionary pension is not payable on the death of a pensioner in receipt of additional pension, or additional reversionary pension ceases to be payable, a lump sum is payable of the amount, if any, by which the sum of the Accumulated Transfer Amount at the date the additional pension became payable and:

(a) if the deceased pensioner did not retire on invalidity grounds and was not a preserved benefit member immediately before becoming a pensioner, his/her

(i) accumulated member contributions; and

(ii) accumulated productivity contributions;

or

(b) if the deceased pensioner retired on invalidity grounds and was not a preserved benefit member immediately before becoming a pensioner, his/her final benefit accrual;

exceeds the total amount of benefits in the form of pension or lump sum paid to, or in respect of, the deceased pensioner, including to a spouse or children entitled to benefits, since his/her last day of membership.

11.3.27 If additional reversionary pension is not payable on the death of a pensioner in receipt of additional pension who was a preserved benefit member immediately before becoming a pensioner, or additional reversionary pension ceases to be payable, a lump sum is payable of the amount, if any, by which the sum of the Accumulated Transfer Amount at the date the additional pension became payable and the:

(a) accumulated member contributions included in the preserved benefit at the date it became payable; and

(b) accumulated productivity contributions included in the preserved benefit at the date it became payable;

exceed the total amount of benefits in the form of pension or lump sum paid to, or in respect of, the deceased pensioner, including to a spouse or children entitled to benefits, since the preserved benefit became payable.

11.3.28 The Board may pay any lump sum under Rules 11.3.26 or 11.3.27 to:

(a) any child or children of the deceased pensioner who is or are not otherwise eligible for benefits; or

(b) the deceased pensioner’s legal personal representative; or

(c) one or more individual persons (apportioned as necessary) if there is no child or children to whom the lump sum can be paid and, after making reasonable enquiries, a legal personal representative can not be found.

12.1.1 If a member or former member has more than one benefit option available under Part 6 and/or Part 11 of these Rules, he/she may choose one of those options within the period commencing three months before and ending three months after he/she ceases membership, or within such further period as the Board allows.

12.1.2 If a person has more than one benefit option available under these Rules and is, because of physical or mental incapacity, unable to choose one of those options, the Board may permit another person to choose an option on behalf of the person within such period as the Board allows.

12.1.3 If a former member who has more than one benefit option available under these Rules dies before choosing one of those options:

(a) his/her spouse, if any; or

(b) another person permitted by the Board, if the former member was not survived by a spouse, or his/her spouse dies before exercising the former member’s benefit option, but is survived by an eligible child or children;

may choose a benefit option on behalf of the former member within such period as the Board allows. If the former member is not survived by a spouse or child entitled to benefits, the final benefit accrual in relation to the former member will be paid as a lump sum.

12.1.4 The Board may approve a request by a person to:

(a) cancel his/her original benefit option choice; and

(b) replace that original choice with another option available to him/her under these Rules;

if the request is made within three months of choosing a benefit option under these Rules, or such further period as the Board allows.

12.1.5 The approval of the Board under Rule 12.1.4 to replace an original choice with another option, is not effective after a benefit has been paid or commenced to be paid unless:

(a) if the request is to replace all or part of a lump sum payment with a pension benefit or increased pension benefit:

(i) the amount of lump sum paid that is no longer payable, together with such interest, if any, as the Board determines is repaid by the date specified by the Board; and

(ii) pension instalments flowing from the reduced lump sum entitlement only become payable from the pension payday next following repayment of the lump sum amount determined above; and

(b) if the request is to replace all or part of a pension benefit with a lump sum payment, such conditions as the Board thinks fit are met for the repayment or offsetting of pension instalments paid that are no longer payable; and

(c) if the request is to replace a transfer of benefits to an eligible superannuation scheme under Rule 6.8.6 or 6.8.7, such conditions as the Board thinks fit are met to achieve an equitable substitution of that benefit option.

12.2.1 If, in a particular case, the Board is of the opinion that:

(a) the operation of the Rules would otherwise produce a result that is not in the spirit of the Rules; and

(b) the circumstances of the case are unusual or exceptional;

the Board may, having regard to the principles in the Rules and the need for equity between members, including preserved benefit members, vary any of the components or factors applicable in the determination of benefits, whether or not any benefit is immediately payable.

12.2.2 The Board may pay all or part of a former member’s lump sum payment, fortnightly instalment of pension, including partial invalidity pension, or pre-assessment payments to the legal personal representative of the member where:

(a) in the opinion of the Board, the former member is insane; or

(b) the former member is in prison; or

(c) for any other reason, the Board considers it appropriate.

12.2.3 The Board may pay:

(a) a benefit which must be taken in the form of a lump sum; or

(b) a preserved benefit;

to a fund declared by the Insurance and Superannuation Commission to be eligible to receive unclaimed benefits under Part 24 of the SIS Act if:

(i) 90 days have passed since the benefit became payable; and

(ii) the person in relation to whom the benefit is payable has not informed the Board in writing how he/she wishes the benefit to be paid.

12.2.4 The Board must pay a benefit which must be taken in the form of either:

(a) a lump sum; or

(b) a preserved benefit;

to a fund declared by the Insurance and Superannuation Commission to be eligible to receive unclaimed benefits under Part 24 of the SIS Act if the Board is satisfied that at least 2 consecutive prescribed reports of the kind referred to in paragraph 244(3)(b) of the SIS Act in respect of the PSS Fund have not been received by the person in respect of whom the benefit is payable.

12.2.5 The Board may withhold payment of all or part of a benefit from a person who does not provide, or arrange to provide, information required by the Board to determine:

(a) that person’s entitlement to a benefit under these Rules; or

(b) the level of benefit payable to that person under these Rules.

12.2.6 Subject to any requirements of the Income Tax Assessment Act 1936, the Board may determine the funded and unfunded composition of any payments of lump sums that do not represent the full lump sum entitlement of a former member or of a class of persons.

12.3.1 The Board may add an amount of interest to the benefit payment if:

(a) payment of a lump sum benefit; and/or

(b) commencement of pension instalments;

payable under these Rules is, or is expected to be, delayed by circumstances outside the control of the person entitled to the lump sum and/or pension benefit.

12.3.2 The Board will determine:

(a) the rate or rates of interest to apply;

(b) the method of allocating the rate or rates of interest; and

(c) the period for which interest is to accrue;

in respect of any interest payable under this Division.

12.3.3 Interest payable under this Division forms part of the benefit payable to, or in respect of, a former member for the purposes of the Rules, other than the Rules in:

(a) this Division; and

(b) Divisions 6 and 7 of Part 5 relating to maximum benefits.

13.1.1 The Board will establish one or more Reconsideration Advisory Committees comprising people with such qualifications as the Board determines and may refer a decision of the Board, or of a delegate of the Board, to be reconsidered to a Reconsideration Advisory Committee for advice. A member of a Reconsideration Advisory Committee may also be a trustee of the PSS scheme.

13.1.2 Subject to any Board directions, a Reconsideration Advisory Committee will regulate its own affairs.

13.1.3 Where the Board has referred a decision to a Reconsideration Advisory Committee, the Board is to provide the Committee with all relevant evidence and information.

13.1.4 Where the Board has referred a decision to a Reconsideration Advisory Committee, the Reconsideration Advisory Committee is to:

(a) gather such evidence as it requires to examine the decision; and

(b) make a recommendation to the Board whether the decision should be affirmed, varied, substituted or set aside.

13.2.1 A person affected by a decision made by a delegate of the Board may request the Board to reconsider the original decision.

13.2.2 A request for reconsideration must be made in writing, or any other form acceptable to the Board, and must set out the particulars of the decision to be reconsidered.

13.2.3 Where the Board accepts a request to reconsider a decision of a delegate of the Board, the Board must decide whether to affirm the original decision, vary the decision, substitute another decision or set the decision aside, after considering:

(a) the recommendation of a Reconsideration Advisory Committee, if any; and

(b) any other matters the Board considers relevant.

13.2.4 The decision of the Board under Rule 13.2.3 on a reconsideration must be notified to the person requesting reconsideration of the original decision. The notification is to include a statement of reasons for the decision.

13.3.1 A person affected by a decision of the Board, including a decision under Division 2 or 4 of this Part, may request the Board to reconsider that decision.

13.3.2 A request for reconsideration of a decision of the Board must be made in writing and:

(a) set out the particulars of the decision to be reconsidered; and

(b) specify the grounds for the request; and

(c) include new evidence, being evidence not previously known to the Board, supporting the grounds for the request; and

(d) be accompanied by the fee prescribed under the Superannuation Act 1990.

13.3.3 The Board must not proceed with a request for reconsideration of a decision of the Board:

(a) that does not include new evidence; or

(b) if in the opinion of the Board, the evidence included in the request does not support the grounds specified for the request;

and the Board may refund the fee paid. The Board may subsequently proceed with the request if sufficient new evidence is provided.

13.3.4 If the Board accepts a request to reconsider a decision of the Board, the Board may decide in favour of the person seeking reconsideration without referring the request to a Reconsideration Advisory Committee or to an Assessment Panel if, after considering:

(a) the new evidence provided with the request; and

(b) any other evidence the Board considers relevant;

it is satisfied there is no reasonable doubt it should decide in favour of the person.

13.3.5 If the Board accepts a request to reconsider an invalidity related decision made by the Board after considering the recommendation of an Assessment Panel, other than a request already agreed to under Rule 13.3.4, the Board must:

(a) refer the request to an Assessment Panel; and

(b) provide the Panel with:

(i) the new evidence provided with the request; and

(ii) any other evidence the Board considers relevant.

13.3.6 If the Board has referred a reconsideration request to an Assessment Panel, the Panel is to make a recommendation with supporting reasons to the Board:

(a) if the Board has to reconsider whether to approve the invalidity retirement of a member, whether the member is totally and permanently incapacitated; and

(b) if the Board has to reconsider whether to pay a preserved benefit on invalidity grounds under Rule 8.1.1(c), whether the former member is:

(i) suffering from a terminal medical condition; or

(ii) totally and permanently incapacitated;

as appropriate; and

(c) if the Board has to reconsider whether to regard a former member as having ceased membership on invalidity retirement under Rule 8.5.2, whether the former member was totally and permanently incapacitated on his/her last day of membership; and

(d) on any other matters the panel considers relevant or the Board requires;

within the period specified by the Board.

13.3.7 The Board must refer a request to reconsider one of its decisions that it has accepted, to a Reconsideration Advisory Committee, after first obtaining, if appropriate, the recommendation of an Assessment Panel, unless the request has already been agreed under Rule 13.3.4.

13.3.8 The Board must decide whether to affirm a decision under reconsideration, other than a decision already made under Rule 13.3.4, vary the decision, substitute another decision or set the decision aside, only after considering:

(a) the recommendation of the Reconsideration Advisory Committee; and

(b) any other matters the Board considers relevant;

and may refund the fee paid.

13.3.9 The decision of the Board under Rule 13.3.4 or 13.3.8 must be notified to the person requesting reconsideration of the original decision. The notification is to include a statement of reasons for the decision.

13.4.1 The Board, on its own motion, may initiate the reconsideration of a delegate’s decision or a decision of the Board and may vary the decision, substitute another decision or set the decision aside. The Board will advise the person affected of that reconsideration and any changed decision.

14.1.1 The first day of membership of the PSS scheme for a member who had previously been an eligible employee under the Superannuation Act 1976 is:

(a) 1 July 1990 - if the person:

(i) had been a member of the CSS scheme on 30 June 1990; and

(ii) was not on leave without pay at that date; and

(iii) remained a member of the CSS scheme until the date of his/her election to join the PSS scheme; and

(iv) elected before 1 July 1991 to join the PSS scheme; or

(b) 1 July 1990 - if the person had been a member of the CSS scheme on 30 June 1990, and:

(i) was on leave without pay from his/her employer, or was deemed by section 87C(6) of the Public Service Act 1922 to be absent from duty on leave without pay from the Australian Public Service, for the period 1 July 1990 to 31 March 1991 or any later date (and was not engaged in employment with another employer whose staff were covered by the PSS scheme); and

(ii) recommenced duty with his/her employer before 1 July 1991; and

(iii) elected before 1 July 1991 to join the PSS scheme; and

(iv) remained a member of the CSS scheme until the date of his/her election to join the PSS scheme; or

(c) the date the person rejoined his/her employer if the person had been a member of the CSS scheme on 30 June 1990, and

(i) was on leave without pay from his/her employer, or was deemed by section 87C(6) of the Public Service Act 1922 to be absent from duty on leave without pay from the Australian Public Service, for the period 1 July 1990 to 30 June 1991 or any later date (and was not engaged in employment with another employer whose staff were covered by the PSS scheme); and

(ii) remained a member of the CSS scheme until the date of his/her election to join the PSS scheme; or

(d) the date the person last became a member of the CSS scheme if:

(i) the person became a member of the CSS scheme after 30 June 1990; and

(ii) elected to join the PSS scheme; or

(e) the date the person elected to join the PSS scheme - if the person:

(i) had been a member of the CSS scheme on 30 June 1990; and

(ii) was not on leave without pay at that date; and

(iii) remained a member of the CSS scheme until the date of his/her election to join the PSS scheme; and

(iv) after 1 July 1991, elected under the provisions of section 244 of the Superannuation Act 1976 to join the PSS scheme

14.1.2 For the purposes of this Part, an election to join the PSS Scheme by a member of the CSS Scheme includes a declaration under paragraph 244(1)(a) of the Superannuation Act 1976 that he/she wishes to join the PSS Scheme.

14.2.1 A member is entitled to a CSS Transfer Multiple if:

(a) he/she elected to cease to be an eligible employee under section 244 of the Superannuation Act 1976; and

(b) the Board has received a transfer of assets in respect of the member from the superannuation fund established under the Superannuation Act 1976 which have become part of the PSS Fund, or is satisfied that such a transfer will be made.

14.2.2 A CSS Transfer Multiple is calculated using the following formula:

where:

CSS Transfer Credit is the sum of:

• the amount of the member’s paid accumulated contributions under the Superannuation Act 1976 immediately before his/her first day of membership;

- for this purpose, paid accumulated contributions include two-sevenths of the amount of any transfer value paid on behalf of the member under section 128(2)(a) of the Superannuation Act 1976 prior to his/her first day of membership only, whether or not the employee component of that transfer value was two-sevenths of the total amount; and

• an amount that is 2.5 times the amount of the member’s accumulated basic contributions under the Superannuation Act 1976 immediately before his/her first day of membership;

- for this purpose, accumulated basic contributions include:

(i) two-sevenths of the amount of any transfer value paid on behalf of the member under section 128(2)(a) of the Superannuation Act 1976 prior to his/her first day of membership only, whether or not the employee

component of that transfer value was two-sevenths of the total amount; and

(ii) the amount to which a member who:

(a) had become entitled to an invalidity benefit under section 66 of the Superannuation Act 1976; and

(b) had elected under section 68 or 71 of that Act to take part of the invalidity benefit as a lump sum; and

(c) had subsequently again become an eligible employee under that Act;

would have been entitled if he/she had not elected to take part of the invalidity benefit as a lump sum;

and

• whichever of the following is applicable in relation to the member:

- the amount, if any, of unfunded productivity benefits (the notional interim benefit under section 8A of the Superannuation (Productivity Benefit) Act 1988);

- the amount, if any, of funded productivity contributions and interest under the Superannuation Act 1976 immediately before his/her first day of membership;

- the amount, net of tax, of any transfer value paid on behalf of the member under section 128 of the Superannuation Act 1976 on or after his/her first day of membership;

- the amount, net of tax, of any payment under section 110K, 110L or 110M of the Superannuation Act 1976 on behalf of the member on or after his/her first day of membership;

and

• the amount immediately before his/her first day of membership in relation to non-contributory units held by the member under the Superannuation Act 1922 on ceasing to be a contributor under that Act;

and

CSS Average Salary is:

• the average of the member’s annual rates of salary under the Superannuation Act 1976 on the three birthdays preceding his/her first day of membership; or

• if his/her period of membership of the CSS scheme (or last period of membership if he/she had been an eligible employee under the Superannuation Act 1976 more than once) did not encompass three birthdays, the average of the member’s annual rates of salary under the Superannuation Act 1976 on:

- his/her birthdays which occurred whilst he/she was an eligible employee under that Act; and

- his/her first day of service for the purposes of that Act (if not a birthday);

provided that:

- for a member in receipt of a partial invalidity pension on a birthday (or first day of service), the annual rate of salary under the Superannuation Act 1976 is the rate that would have applied if the member had ceased to be an eligible employee-under that Act on that day; and

- the Board may use an alternative salary where it considers that the CSS Average Salary calculated above is not in accordance with the spirit of the Rules and would lead to inequitable treatment between members.

14.2.3 Where the Board has used an alternative salary for the purposes of CSS Average Salary in the formula in Rule 14.1.2, the affected member is to be:

(a) advised of the use of that alternative salary and his/her resultant CSS Transfer Multiple; and

(b) given the opportunity to reconsider his/her decision to transfer to the PSS scheme.

14.3.1 The maximum benefit of a member entitled to a CSS Transfer Multiple is the amount calculated under Rule 14.3.2, if the member is excluded from the operation of Rule 5.6.2 because the benefit amount calculated in respect of the member by the formula:

(CSS Transfer Multiple + On-going Multiple) × Average Salary

as at the day he/she elected to cease to be an eligible employee under the Superannuation Act 1976 exceeds the amount from the Table Maximum Benefits in Rule 5.6.2 applicable to the member’s average salary on that day.

14.3.2 The maximum benefit in respect of a member entitled to a CSS Transfer Multiple who is excluded from the operation of Rule 5.6.2 is the amount calculated by the formula:

Normal Maximum Benefit × Scaling Factor

where:

Normal Maximum Benefit is the amount from the Table Maximum Benefits in Rule 5.6.2 opposite the member’s average salary as at the day he/she elected to cease to be an eligible employee under the Superannuation Act 1976; and

Scaling Factor is calculated by the formula:

where the member’s:

(a) CSS Transfer Multiple; and

(b) On-going Multiple; and

(c) Normal Maximum Benefit; and

(d) average salary;

are assessed as at the day the member elected to cease to be an eligible employee under the Superannuation Act 1976.

14.4.1 Member contributions include any contributions under the Superannuation Act 1976 paid in the period from the member’s first day of membership to the date of his/her election to join the PSS scheme by a member who is entitled to a CSS Transfer Multiple under Division 2 of this Part.

14.4.2 A contribution day includes any contribution day for the purposes of the Superannuation Act 1976 on which contributions were payable that occurred since a member entitled to a CSS Transfer Multiple who is now a casual member but who was an eligible employee under that Act last became such an eligible employee.

14.4.3 A contribution due day includes:

(a) any contribution day for the purposes of the Superannuation Act 1976 which occurred in the period from the member’s first day of membership to the date of his/her election to join the PSS scheme; and

(b) any contribution day for the purposes of the Superannuation Act 1976 after a member last became an eligible employee for the purposes of that Act;

on which the member was required to pay contributions.

14.4.4 The contributions of a member entitled to a CSS Transfer Multiple continue at the lesser of:

(a) the rate the member was last paying under the Superannuation Act 1976; or

(b) 10% of fortnightly contribution salary

until he/she chooses a different contribution rate under Rule 4.1.3.