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Some members become entitled to deferred benefits without terminating their employment. These include:
Who are Exempt Officers?
Exempt Officers are members who cease active membership of the Scheme without having to terminate their employment with their current employer.
Are you eligible to become an Exempt Officer?
You may become an Exempt Officer if you are:
- an 'executive' within the meaning of section 4(1) of the Public Administration Act 2004, or
- a 'contract officer' (this includes all non-executives whose employment is covered by an individual employment agreement or by an enterprise bargaining agreement and those who are members of the Principal Class within the meaning of the Teaching Service Act 1981), or
- an officer, or class of officer, declared by instrument in writing by the Minister for Finance as being eligible to be exempted from continued membership, or
- aged 65 or over.
Superannuation benefits are not subject to preservation restrictions after a member turns 65. An exempt officer, even if still employed by the employer that granted exempt status, may therefore apply to take their full benefit from age 65.
How do you become an Exempt Officer?
The formal requirements vary. Please contact ESSSuper on 1300 655 476 for more details.
Benefits payable
If you're an Exempt Officer you are entitled to a deferred benefit based on:
- your age at the date you became an Exempt Officer,
- your recognised service, and
- your final average salary at the date of taking up exempt status.
The deferred benefit is payable:
- at age 65, or
- on application from minimum retirement age (generally age 55) after you have terminated employment with the employer under which you became an exempt officer.
Exempt officer deferred payments have the same options as those outlined under Age Retirement Benefit.
Present-day value lump sum
An exempt officer may elect to convert the deferred benefit to a present-day value lump sum at any time after deferment. If you choose to do this:
- you receive a lump sum, based on your age at the date you elect for the lump sum,
- the lump sum must be rolled over to another complying superannuation fund e.g. ESSSuper Accumulation Fund or Working Income Stream, and
- no further benefits will be payable to either yourself or your eligible partner. Prior to age 65 some of the benefit will be restricted and not accessible
What if I resign or become retrenched?
As an exempt officer, if you resign before your minimum retirement age, you are not entitled to a resignation benefit, i.e. no refund of contributions and earnings.
Similarly, if you are retrenched before your minimum retirement age but after becoming an exempt officer, you are not entitled to a retrenchment benefit. The only benefit to which you will be entitled is a deferred benefit, payable as stated previously.
If you are over your minimum retirement age, no discount factor applies in determining the present-day value lump sum.
Approved Superannuation Scheme Members
On the recommendation of the Minister, the Governor-in-Council may declare a superannuation scheme to be an Approved Superannuation Scheme.
If you become eligible to be a member of an Approved Superannuation Scheme, you may elect to cease contributions to the New Scheme, within three months of your eligibility date.
Who are Prescribed Class Officers
| Job Title |
Eligible Retirement Age |
Minimum Service Years |
| Custodial/Prison Officers |
Between 50 & 55 |
5 years |
Youth & Adolescent Care Officers
(in a specified classification) |
Between 50 & 55 |
5 years |
| Prescribed Fire fighters |
Between 50 & 55 |
10 years |
Shift allowances
If you are a custodial officer you are also entitled to have an additional allowance of 15% for shift work added to your superable salary.
If you are not a custodial officer, shift allowance will form part of the superable salary if it has been approved by the Board. However, it will not be included in your salary for some benefit calculations if you have performed shift work for not less than three years immediately prior to the date at which the benefit becomes payable.
If an approved officer (other than a custodial officer) does not complete three years of shift work immediately prior to the date the benefit becomes payable, the 15% shift loading will not be recognised for superable salary purposes and any additional contributions paid, will be refunded with interest.
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