APPENDIX 2: [Salaried 2021] FORMAL TVSP OFFER AND ACCEPTANCE– to apply from June 2022 (see note below)

[Note: This template applies for employees who are employed pursuant to the South Australian Public Sector Enterprise Agreement: Salaried 2021. [The terms that apply will be subject to Appendix 1 to that agreement and will vary according to the length of time the employee has been excess].

PERSONAL AND CONFIDENTIAL

[NAME AND ADDRESS OF EMPLOYEE]

[Record method/s of delivery]

Dear Mr/Ms [Surname]

Offer of a Targeted Voluntary Separation Package

I hereby formally offer you a Targeted Voluntary Separation Package (TVSP).

This offer is open until close of business on xx xx xxxx and will lapse if not accepted beforehand. You are under no obligation to accept the offer.

The payment that would be made as part of the TVSP should you accept the offer will consist of a minimum payment of ten (10) weeks’ pay, plus two (2) weeks’ pay for each year of service (as defined), up to a maximum payment of fifty two (52) weeks’ pay plus an additional lump sum payment of $15,000, [REMOVE IF TVSP/VSP REQUESTED MORE THAN 3 MONTHS FROM DATE DETERMINED AS EXCESS]; if you resign and end your employment by xx xx xxxx.

Close attention should be paid to the terms and conditions of this offer, including as set out in the Guideline relating to TVSPs as issued by the Department of Treasury and Finance. The content of that Guideline forms part of the terms and conditions of this offer.

If you separate (that is, your employment terminates upon your resignation) on or before xx xx xxxx, the payment as part of the TVSP made to you would be $...................... (this is the gross amount of the TVSP based on xx weeks’ pay plus any additional lump sum payment before personal income tax is deducted). In addition to the payment as part of the TVSP, you will be paid the value of accrued recreation leave and long service leave entitlements (including retention leave).

You may also be entitled to a superannuation resignation or retirement entitlement, depending on your age and the superannuation scheme you are a member of. Information on superannuation is provided in Appendix 4 of the Guideline. You should contact Super SA on 1300 369 315 or (08) 8207 2094 for members of the Triple S Scheme or 1300 364 941 for members of the Pension Scheme and Lump Sum Scheme.

If you are a member of a registered industrial organisation I encourage you to seek advice from an officer in such organisation before accepting the offer. I also urge you to seek independent personal, financial and taxation advice in considering this offer, which will be at your personal expense.

Please give this matter careful consideration and read the terms and conditions which apply to the offer. If you decide to accept the offer, please complete the attached form and return it to xx xx xxxx by close of business on [insert date]. You must ensure that both the TVSP acceptance and superannuation details pages are signed and returned to your Human Resources Branch.

Further information and assistance is available by contacting [insert contact/contact number in Human Resource].

Yours sincerely

[signature bloc of CE, agency head or delegate]

XXXXXX

/ / [Date]

Enc: Department of Treasury and Finance: TVSP Guidelines (excluding Weekly Paid employees) Salaried EA: 2021

ACCEPTANCE OF TVSP OFFER

Targeted Voluntary Separation Package Agreement

IN CONSIDERATION of payment to me by the Crown in right of the State of South Australia1 of a Separation Package in the sum of $xxxxxxx2 in accordance with the Government’s Targeted Voluntary Separation Package Scheme:

I ACCEPT AND AGREE TO ABIDE BY all of the terms and conditions contained in this contract, including in its terms and conditions the Guidelines issued by the Department of Treasury and Finance in respect of the Targeted Voluntary Separation Packages (which form part of the terms and conditions of this contract), AND I ACKNOWLEDGE having received, read, and fully understand the terms and conditions of this acceptance and the attached documentation.

I UNDERSTAND AND ACKNOWLEDGE THAT:

1.	after the effective date of the termination of my employment upon my resignation in connection with acceptance of a Targeted Voluntary Separation Package, I must maintain as confidential information attained during my employment in the South Australian Public Sector;

2. any intellectual property created by me during my employment in the South Australian Public Sector is and remains the property of the Crown unless otherwise agreed between a relevant chief executive/agency head or delegate and me;

3.	in addition to the requirements as to confidentiality, I will not attempt to use any confidential information gained by virtue of my employment in the South Australian Public Sector with the intent of securing a benefit for myself, any person, company or any future employer or entity;

4.	I must return all Government property I have in my possession before or at the time of the effective termination of my employment in the South Australian Public Sector;

5.	I agree not to engage in or remain in, any employment in either the South Australian Public Sector or Government or a third party providing services to the South Australian Public Sector or Government, remunerated or otherwise, whether temporary, casual, ongoing or by appointment:

for a period coinciding with the number of weeks’ remuneration (based on 100% TVSP) paid to me by way of a voluntary separation payment, commencing from the effective date of the termination of my employment upon resignation; unless

I repay to the Crown a sum equivalent to the number of weeks’ remuneration, or part of a week, remaining in the nominal period by reference to the number of weeks’ remuneration paid to me by way of a voluntary separation payment;

6. the Government will deduct taxation in accordance with the relevant Taxation legislation, however, any dispute as to any other matters relating to an employee’s taxation liabilities shall be wholly between the employee and the Commissioner of Taxation;

7.	this offer is made conditional upon the finalisation of any and all claims in respect of an alleged compensable injury or disability and any other claims/proceedings relating to my employment in the South Australian Public Sector. Where I have any unresolved claims/proceedings or matters, I may conditionally accept the offer in full knowledge that no agreement for a TVSP is possible until such claims/proceedings or matters have been finalised;

8.	I am not eligible for payment of a TVSP if I sustain a compensable injury or disability after having been made this offer even if I have purported to accept it;

9.	any amount paid in excess of the sum actually payable for any reason whatsoever shall be repayable by the recipient of the payment within seven (7) days of demand and any sum incorrectly stated as being payable, shall be adjusted to accurately state the sum payable. The recipient of the payment shall be bound to repay any excess sum and the adjustment shall be made to the sum payable irrespective of the cause or nature of the error or omission; and

10.	any breach of this Agreement by me may result in the withdrawal of this offer or legal proceedings including to seek to recover monies paid to me as part of the Agreement.

AND I ACCORDINGLY HEREBY voluntarily GIVE NOTICE OF MY RESIGNATION from employment in the South Australian Public Sector with effect from the close of business on [DATE].

Or [REMOVE CLAUSE WHICH DOES NOT APPLY]

AND I HERBY VOLUNTARILY ACCEPT this offer conditional upon the finalisation of any claim in respect of an alleged compensable injury or disability or other claim or proceeding relating to my employment in the South Australian Public Sector. Where finalisation of such claim(s)/matter(s) is possible, the effective date of the termination of my employment upon my resignation will be the first business day following that finalisation.

Signed	...........................................................................	Dated	.........................................................................

Name	...........................................................................	Agency	.........................................................................

(Print Block Letters)

If resigning from an agency that is separately incorporated, add the names of the agency [e.g. State of South Australia and Return to Work SA].

Only the value of the TVSP/VSP and the lump sum payment of $15,000 (if applicable) is to be stated. Do not include any other payments (e.g. in respect of the value of accrued leave entitlements.)

PART 1

Circle preferred option (only one option can be selected)

Original documents relating to Parts 1-5 must be forwarded to Super SA

I am:

aged under 55 and a contributor to the Pension Scheme and request my lump sum entitlement under Section 39A(3a) of the Superannuation Act 1998; COMPLETE PART 3

aged 45 to 55 and a contributor to the Pension Scheme and request my pension entitlement under Section 39A(3g) of the Superannuation Act 1988; COMPLETE PART 2

aged under 55 and a contributor to the Lump Sum Scheme and request my entitlement under Section 28A of the Superannuation Act 1988; COMPLETE PART 3

aged under 55 and a contributor to the Lump Sum Scheme and request my entitlement under Section 28(5) of the Superannuation Act 1988 (i.e. preserved entitlement to be rolled over to another complying superannuation fund); COMPLETE PART 4

aged under 55 and a member of the Triple S Scheme and request my entitlement under Regulation 55 of the Southern State Superannuation Regulations 2009 (i.e. the resignation entitlement); COMPLETE PART 3

aged over 55 and request my retirement entitlement; COMPLETE PART 2 IF YOU ARE IN THE PENSION SCHEME OR PART 3 IF YOU ARE IN EITHER THE LUMP SUM SCHEME OR THE TRIPLE S SCHEME.

a member of:

the Pension Scheme and request my superannuation entitlement be preserved under Section 39(1)(b) of the Superannuation Act 1988; or

the Lump Sum Scheme and request my superannuation entitlement be preserved under Section 28(1)(b) of the Superannuation Act 1988; or

the Triple S Scheme and request my superannuation entitlement be preserved under Regulation 55 of the Southern State Superannuation Regulations 2009;

going to advise Super SA separately, of my decision regarding my superannuation entitlements; or

NOT a contributor to the Pension Scheme, Lump Sum Scheme or Triple S Scheme.

Please Note: PART 5 MUST BE COMPLETED IN ALL CASES

Part 2

Please pay my pension into the following account:

Name of Financial Institution

Branch

BSB Number (compulsory ) -

Account Number

Account Name (Account holder’s name)

Please Note:

Payments cannot be made to third party accounts, credit cards or overseas accounts

Super SA does not accept responsibility for rejection of transfer due to incorrect account details being provided by you.

You will also need to complete and return a ‘Tax File Number Declaration’ Form, which is available from the Tax Office or Super SA.

Part 3

I wish my superannuation entitlement to be paid as follows: (tick appropriate box).

I wish my superannuation entitlement to be paid to me by cheque1. I understand that tax will be deducted and that once having indicated this preference (rather than taking advantage of the entitlements of a roll-over) that Super SA will not subsequently reverse the payment. If any part of the entitlement is subject to preservation it will remain preserved in the scheme.

Rollover to a nominated fund or scheme. COMPLETE PART 4

Combined Rollover and payment by cheque (less tax). COMPLETE PART 4

Amount to be rolled-over	$

Amount to be retained in cash (less tax)1	$

I request that Super SA withhold an amount for surcharge purposes. I estimate my final surcharge liability to be $___________. Please retain this amount in the scheme for payment of my surcharge liability. (Please attach a copy of your last ATO Surcharge Assessment Notice).

Note: if you do not contact Super SA to pay the liability within 2 years of leaving the SA public sector, Super SA may pay the withheld amount directly to you, or to your nominated rollover fund.

1 You must provide Proof of Identity documents if you are applying for all or part of your entitlement to be paid direct to you. A Proof of Identity Fact sheet can be located on Super SA’s website www.supersa.sa.gov.au or alternatively please feel free to contact Super SA. A payment will not be made under (a), (c), (e) or (f) if part 3 is not completed.

If you accept a TVSP Offer, you cannot claim a Total and Permanent Disablement (TPD) entitlement from the Pension Scheme, Lump Sum Scheme or Triple S Scheme. Please contact Super SA for a TPD quote or to discuss the eligibility criteria.

Part 4

Details of Rollover Fund

Name of Rollover Fund:

Rollover Fund ABN:

New Policy/Member:

Cheques to be made payable to:

Postal Address of Rollover Fund:

Part 5

Name: (print block letters)

Address:

Signed:	Dated:

Agency:

Position(s):

ACKNOWLEDGMENT OF ACCEPTANCE OF AN OFFER OF A TVSP

(To be returned to the employee in an envelope marked ‘Personal and Confidential’ – Note this document may be prepared by Shared Services SA upon request of an officer in the relevant employing agency).

To Mr/Ms............................................

Acceptance of offer of a Targeted Voluntary Separation Package

I have received the acceptance by you of the offer of a Targeted Voluntary Separation Package (TVSP). Payment as part of the TVSP and for the value of accrued entitlements to recreation and long service leave will be made into your nominated financial institution on xx xx xxxx.

Thank you for your service to the South Australian public sector and I wish you well in your future endeavours.

[signature bloc of chief executive, agency head or delegate]

/	/	[date]

ESTIMATED PAYMENTS TO BE MADE TO YOU

Targeted Voluntary Separation Payment

TVSP payment	$

Less Taxation	$

TOTAL $

Accrued Leave Payments

Long Service Leave	$

Less Taxation	$

TOTAL $

Annual Leave	$

Less Taxation	$

TOTAL $

Annual Leave Loading	$

Less Taxation	$

TOTAL $

TOTAL PAYMENT	$

(Separation Package and other terminal leave benefits)

(Error or omissions are subject to correction)

Note: you are only entitled to the true value of the relevant payments and will not derive an entitlement to any additional sums from any erroneous representation of your entitlements, regardless of the cause/s of the error/s. Similarly, you will be bound to repay to the Crown any amount erroneously paid to you in addition to your actual entitlements, regardless of the reason/s for such error/s.