Emergency Services Superannuation Act 1986 (Vic)

Version No. 085

Emergency Services Superannuation Act 1986

No. 94 of 1986

Version incorporating amendments as at

15 December 2023

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

3ADeclaration of eligible salary sacrifice contributors

4Application of Act

4APayment of contributions by employers

4AAEligible protective services officer may make election

4BEffect of Act

4CGuarantee of no detriment

4DReview of decision

Part 2—Emergency Services Superannuation Board

5Establishment of Board

6Objectives and duties of Board

6AFunctions and powers of the Board

6BPrudential superannuation standard

7Membership of the Board

8Vacancies on Board

9Deputies—elected members

9ADeputies—nominated members

10Suspension and removal of members

11Payment of members

12Procedure of the Board

12AResolutions without meetings

12BImproper use of information

12CCommittees of the Board

12DPecuniary interests of members of the Board

13Chief Executive Officer

13AStaff

14Delegation

Part 3—Emergency Services Superannuation Scheme

15Establishment of Scheme

17Borrowing and investment powers

17AInvestment funds

17BGroup accounts

18Management Account of the Board

19Actuarial investigation of the Scheme

Part 3AA—Contributions and benefits

20Scheme may be supplemented by Consolidated Fund

20AContributions

20AAAdditional contributions

20BMembership

20CAccrued benefits

20DRetirement of contributor

20EDeath of contributor or police recruit

20FDisability of contributor or police recruit

20GTemporary pension for illness or injury

20HTermination due to ill health

20IIndexation of pensions

20JRetrenchment of contributor

20KOther termination of service of contributor

20LRestriction of death and disability benefits

20MOptional contributions during leave of absence

20MANotional contribution rate during leave of absence

20NNominated personal representatives

20NARegistration of names of dependants

20ODeath benefit when no dependants

20PPayment of benefits in case of multiple claimants

20PAEntitlements in respect of returning members who are operational staff members

20QSeparate employer accounts

20RRemittance of contributions

20SMinimum Requisite Benefit

20TTransition to retirement pension

Part 3A—ESSPLAN Scheme

21Definitions

21AESSPLAN Scheme

21BMembership of ESSPLAN

21CEmployer contributions

21DMember's contributions for ESSPLAN

21EAmount and payment of benefits under ESSPLAN

21FDisability and death cover under ESSPLAN

21FAOptional additional disability and death cover under ESSPLAN

21GDisability and death insurance under ESSPLAN

21HAmount and payment of disability or death benefits

21IMember's accounts for ESSPLAN

21IAContribution splitting

21JBeneficiaries Accounts

21JASpouse Accounts

21JBOptional disability and death cover for eligible spouses

21KInvestment funds

21LNet earning rate

21MRoll over or transfer of preserved benefit

21NTransfer to or from new scheme

21ORoll over or transfer of benefits to other fund

Part 4—Transfer from other superannuation funds

22Pensions for former contributors to other funds

22ATransfer of assets and liabilities of Police Pensions Fund and Police Superannuation Fund

22BTransfer of assets in respect of VEISF beneficiaries

22CProvisions relating to transferred beneficiaries

22DCommutation of pension not exceeding declared rate

Part 4AA—Transfer of the State Superannuation Fund and transfer of administration of the MTA Superannuation Fund and related matters

22DADefinitions

22DBTransfer of assets and liabilities of the State Superannuation Fund

22DCBoard is successor in law

22DDExemption from stamp duty or other tax

22DETransitional provision—Registrar of Titles

Part 4AB—Transfer of administration of declared public sector superannuation schemes

22DFApplication of this Part

22DGDeclaration of administered schemes

22DHBoard is successor in law

22DIConflict between duties, functions and powers

22DJMatters which may be included in Order in Council

22DKGeneral provisions relating to Orders in Council

22DLExemption from stamp duty or other tax

22DMTransitional provision—Registrar of Titles

Part 4AC—Transfer of the Parliamentary Contributory Superannuation Fund and related matters

22DNDefinitions

22DOTransfer of assets and liabilities of the Parliamentary Contributory Superannuation Fund

22DPBoard is successor in law

22DQExemption from stamp duty or other tax

22DRTransitional provision—Registrar of Titles

22DSActuarial investigation

22DTScheme may be supplemented by Consolidated Fund

Part 4AD—Transfer of the Port of Melbourne Superannuation Fund

22DUDefinitions

22DVAppointed day

22DWTransfer of assets and liabilities of the Port Fund

22DXBoard is Trustee

22DYReferences to governing instrument

22DZExemption from stamp duty or other tax

22DZATransitional provision—Registrar of Titles

Part 4A—Family law provisions

22EDefinitions

22EAAccrued benefit multiple

22FObligation on Board

22GReduction of benefit or accrued benefit entitlement

22HBoard may provide additional information

22ICharging of fees

Part 5—Review of decisions of Board

23Person may request Board to reconsider decision

Part 6—General

23AAPayment of benefits subject to specified standards

23AApplication for disability benefit

24Medical issues

25Disclosure of contents of medical reports

25ATaxation on benefits

25AANo detriment provision

25BSurcharge debt account

25CCommutation of pension to meet surcharge liability

26Assignment or charging of interest

26AEarly release of benefits

27Money owing to the Scheme

27AUnpaid lump sum benefits

28Minors

28APayment of benefits if person is incapable of managing financial affairs

29Board may require information

29ASpecified standards

Part 7—Regulations

31Regulations generally

32Regulations under this Act

Part 8—Transitional provisions

33Victoria Police Act 2013

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 085

Emergency Services Superannuation Act 1986

No. 94 of 1986

Version incorporating amendments as at

15 December 2023

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

(1)The purpose of this Act is to establish an Emergency Services Superannuation Board and Scheme to provide superannuation benefits for persons employed in the emergency services.

(2)In addition to the purpose specified in subsection (1), the purpose of this Act as amended by the Superannuation Legislation (Governance Reform) Act 2005 is to—

(a)re-constitute the Board and empower the Board to administer public sector superannuation schemes; and

(b)improve the administration of public sector superannuation schemes.

2Commencement

This Act comes into operation on 1 January 1987.

3Definitions

(1)In this Act—

actuarymeans a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister;

adjusted total contributions means the sum of—

(a)the total contributions (other than optional contributions under section 20M made after 31 December 1987) which would have been made by a contributor under the Scheme if the salary of the contributor had always been equal to the salary of the contributor at the date of termination of service; and

(b)a percentage of salary at the date of termination of service of the contributor determined by the Board having regard to the period of membership and contributions under a prior fund and any benefits paid to the contributor from a prior fund; and

(c)a percentage of salary at the date of termination of service of the contributor determined by the Board having regard to any money or other assets transferred from an approved superannuation arrangement;

administered scheme means—

(a)the MTA Superannuation Fund; and

(b)a public sector superannuation scheme which is declared to be an administered scheme under section 22DG;

appointed day, in respect of an administered scheme within the meaning of paragraph (b) of the definition of "administered scheme", means the appointed day specified in the Order in Council made under section 22DG in respect of the transfer of the administered scheme;

approved superannuation arrangement means a superannuation arrangement which has been approved by the Minister;

benefit means any amount paid or payable by the Board out of the Scheme under this Act;

Board means Emergency Services Superannuation Board;

Chief Executive Officer means the Chief Executive Officer of the Board appointed to be the Chief Executive Officer under section 13 or a person appointed to act as the Chief Executive Officer under that section;

child in relation to a deceased contributor or former contributor or member or former member or police recruit or former police recruit means a child of the person or the person's partner other than any child born more than 10 months after the person's death who is—

(a)under 18 years of age; or

(b)between the age of 18 and 25 years and in the opinion of the Board is a full-time student;

complying superannuation fund means a superannuation entity or a superannuation fund within the meaning of section 10 of the Commonwealth Superannuation Industry (Supervision) Act 1993 which is a complying superannuation fund or a complying approved deposit fund within the meaning of Part IX of the Commonwealth Income Tax Assessment Act 1936;

consumer price index means the all groups consumer price index in original terms for all capital cities in respect of a half year ending on 30 June or 31 December published by the Australian Bureau of Statistics;

contributor means an employee who will be, is, or has been, liable to contribute to the Scheme under Part 3AA with respect to the entitlement to benefits under that Scheme;

current equivalent of salary on termination of service means the salary (in accordance with section 4(1E)(f)) that the Board determines, having regard to increases in salary that have occurred since the termination of service of the former contributor or former police recruit, as being equivalent to the salary that was payable to the contributor or police recruit immediately prior to termination of service;

dependant means in relation to a deceased contributor or former contributor or member or former member or police recruit or former police recruit—

(a)the partner or any child of the contributor or former contributor or member or former member or police recruit or former police recruit; or

(b)any other person who in the opinion of the Board was at the date of death of the contributor or former contributor or member or former member or police recruit or former police recruit, wholly or partially dependent on the contributor or former contributor or member or former member or police recruit or former police recruit or who at that date had a legal right to look to the contributor or former contributor or member or former member or police recruit or former police recruit for financial support;

disabilitymeans—

(a)if a disability benefit insurance policy is in force in respect of a member, disability as defined in or for the purposes of that policy; or

(b)in any other case, the inability of a contributor or member before the age of 60 years or of a police recruit due to a continuing or recurring injury, disease or infirmity to ever—

(i)perform his or her duties; and

(ii)perform any other duties for which he or she is suited by education, training or experience or for which he or she would be suited as a result of retraining—

as determined by the Board on the basis of reports provided by at least 2 registered medical practitioners appointed by the Board;

domestic partner of a person means—

(a)a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or

(b)a person to whom the person is not married but with whom, in the opinion of the Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);

eligible beneficiary means a person who is entitled to a benefit under a Superannuation Act (other than this Act or Part 3 of the Parliamentary Salaries, Allowances and Superannuation Act 1968) or an administered scheme;

eligible protective services officer means a person who was appointed as a protective services officer during the period commencing on or after 1 January 1994 and ending on the day on which section 3 of the Superannuation Legislation Amendment Act 2009 comes into operation;

eligible salary sacrifice contributor means a contributor in respect of whom a declaration is in force under section 3A;

employee means a person who is—

(a)a police officer; or

(b)a police reservist who has not, on retirement (on grounds other than disability) at the age of 50 or over, become entitled to a benefit under the State Superannuation Act 1988 or this Act; or

(ba)a protective services officer; or

(c)an officer or employee of the Metropolitan Fire Brigades Board or a member of the Metropolitan Fire Brigades Board appointed under section 7(1) of the Metropolitan Fire Brigades Act 1958; or

(d)a person appointed by the Country Fire Authority under section 17 of the Country Fire Authority Act 1958 or a member of the Country Fire Authority appointed under section 7 of that Act; or

(e)an officer of the Department of Sustainability and Environment or Department of Primary Industries who is a permanent officer who is employed full time in operational fire protection duties and is declared or is within a class of persons which are declared for the purposes of this Act by the Minister by notice published in the Government Gazette; or

(f)an employee of Ambulance Service—Victoria within the meaning of the Ambulance Services Act 1986 or any other ambulance service declared for the purposes of this Act by the Minister by notice published in the Government Gazette; or

(g)a person employed by the Board before 1 December 2005 or in accordance with section 13 or 13A or to which section 13A(3)(b) applies; or

(h)a person referred to in paragraph (a), (b), (ba), (c), (d), (e), (f) or (g) who has resigned or has been given leave of absence without pay to act as a full-time officer of—

(i)a union; or

(ii)an employee organisation—

which is approved by the Minister; or

(i)an employee within the meaning of the Commonwealth Superannuation Guarantee (Administration) Act 1992 not being a person whose eligibility to be a member would but for this paragraph be determined by the application of paragraph (e) or (h);

employer means the employer of—

(a)an employee; or

(b)a police recruit;

governing body means the person or body administering a public sector superannuation scheme but does not include the Board;

governing instrument means the Act, regulations, by-law, trust deed or other document whatsoever or any combination of such documents by or under which a public sector superannuation scheme is established or maintained;

ill health means a continuous or recurring impairment of the health of a contributor which is due to a physical or mental incapacity, bodily injury, illness or disease, which in the opinion of the Board—

(a)is not a disability; and

(b)is likely to be adversely affected if the contributor remains in his or her employment or returns to employment with an employer; and

(c)does not preclude the contributor from seeking alternative employment; and

(d)has not been incurred or inflicted for the purpose of obtaining a benefit;

nominee, in relation to a deceased contributor or former contributor, means—

(a)any person nominated by the contributor as a nominated personal representative under section 20N(1); or

(b)any person deemed to be a contributor's nominated personal representative under section 20N(3); or

(c)any person over the age of 18 years who is not in the opinion of the Board a full-time student and to whom the contributor has been the natural or adoptive parent;

*                *                *                *                *

operational staff member means a contributor who is or has been during any period of service in respect of which benefits may become payable under the Scheme—

(a)a police officer who has completed a course either in Victoria or elsewhere which enables him or her to undertake general duties as a police officer and who has taken and subscribed an oath or affirmation under section 50 of the Victoria Police Act 2013;

(ab)subject to section 4(7C), a protective services officer who has completed a course either in Victoria or elsewhere which enables him or her to undertake general duties as a protective services officer and who has taken and subscribed an oath or affirmation under section 50 of the Victoria Police Act 2013;

(b)an employee of the Department of Sustainability and Environment or Department of Primary Industries;

(c)any employee within the meaning of paragraphs (c), (d) and (f) of the definition of employee who is declared or is within a class of persons which are declared for the purposes of this Act by the Minister by notice published in the Government Gazette and is designated by an employer as an operational staff member;

(d)any other employee (other than an employee within the meaning of paragraphs (a), (e) and (g) of the definition of "employee") who is designated by an employer as an operational staff member and who is approved as such by the Board;

Parliamentary Contributory Superannuation Fund means the Parliamentary Contributory Superannuation Fund established and kept under Part 3 of the Parliamentary Salaries, Allowances and Superannuation Act 1968 and as in existence immediately before the commencement of section 12 of the Superannuation Legislation Amendment Act 2013;

partner of a person means the person's spouse or domestic partner;

part-time contributor means a contributor employed on a permanent basis which requires less than full-time service;

pensionermeans a person receiving a pension under this Act;

police officer has the same meaning as in the Victoria Police Act 2013;

police recruit has the same meaning as in the Victoria Police Act 2013;

police reservist has the same meaning as in the Victoria Police Act 2013;

prior fund means—

(a)the Superannuation Fund operated under the Superannuation Act 1958; or

(b)the Police Pensions Fund operated under the Police Regulation Act 1958; or

(c)the Metropolitan Fire Brigades Superannuation Fund operated under the Metropolitan Fire Brigades Superannuation Act 1976; or

(d)the Hospitals Superannuation Fund operated under the Hospitals Superannuation Act 1965; or

(e)the State Superannuation Fund operated under the State Superannuation Act 1988;

protective services officer has the same meaning as in the Victoria Police Act 2013;

public sector superannuation scheme means a scheme for the payment of superannuation, retirement or death benefits which is established or maintained—

(a)by or under an Act; or

(b)by a public authority, statutory body, body corporate or other body constituted by or under an Act;

retrenchment means the termination of employment or service of a contributor who has not attained the minimum age for retirement and in respect of whom the employer certifies in writing to the Board that the contributor has been retrenched for the purposes of this Act;

returning officer means a person who—

(a)was a police officer; and

(b)is re-appointed under a fixed term agreement as a police officer;

salary means—

(a)the amount, computed as determined by the Board, of the annual rate of remuneration for the time being payable periodically and regularly to a contributor or a police recruit by an employer excluding any expense of office or uniform allowance, reimbursement of travelling or other incidental expenses and all other allowances which would not ordinarily be payable in respect of every pay period in a year of employment or during the training of the police recruit; or

(b)in the case of a contributor who is engaged under a contract of employment, salary means the salary for superannuation purposes specified from time to time in that person's contract of employment, notified in writing by that contributor's employer to the Board and which is approved by the Board;

Scheme means Emergency Services Superannuation Scheme;

specified standards means standards specified under section 29A;

spouseof a person means a person to whom the person is, or was at the time of the person's death, married;

State Superannuation Fund means the Superannuation Fund established under the Superannuation Act 1925 and continued under the State Superannuation Act 1988 as the State Superannuation Fund and as in existence immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005;

Superannuation Act means—

(a)this Act;

(ab)Part 3 of the Parliamentary Salaries, Allowances and Superannuation Act 1968;

(b)Part III of the Police Regulation (Pensions) Act 1958;

(c)the State Employees Retirement Benefits Act 1979;

(d)the State Superannuation Act 1988;

(e)the Superannuation Act 1958;

(f)the Transport Superannuation Act 1988;

superannuation benefits includes superannuation payments, annuities, pensions, allowances, lump sum payments or other benefits;

superannuation system has the same meaning as it has in regulation 5.01(1) of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth;

surchargeable contributions means the surchargeable contributions of a contributor for a particular financial year worked out in accordance with section 8 of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 and any regulations made under that section that apply in respect of that particular financial year;

surcharge debt account means, in relation to a person who is or has been a contributor to the Scheme or member of the ESSPLAN Scheme, the surcharge debt account kept for that person (while he or she was a contributor to the Scheme or member of the ESSPLAN Scheme) under section 25B;

surcharge deduction amount means, in relation to a person—

(a)who is or has been a contributor; and

(b)to or in respect of whom benefits become payable under this Act—

the surcharge deduction amount that is specified in a determination made by the Board under section 25B in relation to the person;

termination of service means the cessation of the employment of a contributor whether voluntary or compulsory;

transferred officer means a person who has made a choice, or is deemed to have made a choice, under section 4 to contribute to the Scheme.

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered domestic relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

(2A)The definition of partner as substituted by section 4(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the determination by the Board of an entitlement arising under this or any other Superannuation Act on or after the commencement of the substituting section.

(3)A reference in this Act to the administration of a public sector superannuation scheme includes a reference to the management and control of the policies of that scheme.

(4)If there is any inconsistency between a provision which by virtue of this Act is deemed to form part of or is to be read and construed as forming part of a governing instrument and any other provision of the governing instrument, the first-mentioned provision prevails.

3ADeclaration of eligible salary sacrifice contributors

The Minister may by notice published in the Government Gazette declare—

(a)a contributor to be an eligible salary sacrifice contributor from the date specified in the notice; or

(b)a class of contributors to be eligible salary sacrifice contributors from the date specified in the notice.

4Application of Act

(1)A person who is an employee and is entitled to any benefits from—

(a)the State Superannuation Fund; or

(b)the Hospitals Superannuation Fund; or

*                *                *                *                *

(d)any approved superannuation arrangement—

may, within the period or periods determined by the Board, choose to contribute to the Scheme.

(1A)A person who is an employee but is not as at the day on which section 3(d) of the Superannuation Acts (Amendment) Act 1988 comes into operation entitled to any benefits from a superannuation fund or arrangement to which subsection (1) applies may within the prescribed period under the Emergency Services Superannuation (Election to Contribute) Regulations 1988 or a subsequent period determined by the Board choose to contribute to the Scheme.

(1B)Despite paragraph (e) of the definition of employee in section 3, an officer of the Department of Sustainability and Environment or Department of Primary Industries who is transferred to an office which was held by a person or a class of persons declared for the purposes of that paragraph may within the period of 3 months after that transfer elect to continue to be a member of the State Superannuation Fund.

(1BA)If an officer to whom subsection (1B) applies—

(a)does not make an election under that subsection; and

(b)subsequently ceases to hold the office referred to in that subsection; and

(c)continues to be eligible to be a member of a public sector superannuation scheme—

the officer may within the period of 3 months after ceasing to hold that office elect to continue to contribute to the Scheme or to transfer to the new scheme under the State Superannuation Act 1988.

(1C)For the purposes of the definition of employee in section 3, a person who is appointed under an Act to an office for a fixed term of years is to be taken to be employed permanently.

(1D)Despite paragraphs (a), (c) and (d) of the definition of employee in section 3, a person who becomes an employee by being appointed to the office of—

(a)Chief Commissioner of Police; or

(b)President of the Metropolitan Fire Brigades Board; or

(c)Chairman of the Country Fire Authority; or

(d)Deputy Chairman of the Country Fire Authority—

is not to be taken to be an employee unless he or she chooses to contribute to the Scheme within 3 months of being appointed to that office.

(1DA)For the purposes of paragraph (f) of the definition of employee, a person continues to be an employee within the meaning of that paragraph if the person—

(a)is an employee of Ambulance Service—Victoria within the meaning of the Ambulance Services Act 1986 on 1 July 2010; and

(b)transfers to an office of employment with Triple Zero Victoria within the meaning of the Triple Zero Victoria Act 2023.

(1E)For the purposes of the definition of salary in section 3—

(a)in the case of the contributor who is on leave of absence without pay or less than full pay and is not acting as a full-time officer of a union or employee organisation, salary means the salary that the contributor would have received had the contributor not been on leave of absence without pay or less than full pay and not been acting as a full-time officer of a union or employee organisation, or such greater salary as is paid to the contributor by any other employer and approved by the Board;

(b)in the case of the contributor who is an employee of a union or employee organisation, the salary that the contributor would have received had the contributor not been an employee of a union or employee organisation, or such greater salary as is paid to the contributor by the union or employee organisation and approved by the Board;

(c)in the case of a part-time contributor, salary means the salary which would be payable at that time to a person in similar employment on a full-time basis;

(d)if a contributor's salary is reduced, on or after 1 July 2019 then, unless the contributor agrees in writing that the reduced salary applies, salary means the greater of—

(i)the salary of the contributor immediately prior to the reduction; and

(ii)the actual salary;

(e)in the case of a contributor who receives payments under section 20F(17) or 20F(18), salary includes those payments;

(f)on and from 1 January 1994, the salary used to determine the accrued benefit of a former contributor is the salary averaged over a period of 2 years prior to the date of termination of service calculated—

(i)in relation to a contributor with less than 2 years of service, an amount calculated in accordance with the formula—

where—

"A"is the aggregate salary paid to the contributor in respect of the contributor's period of service;

"B"is the total number of days in that period;

(ii)in relation to a contributor with 2 years or more of service, an amount equal to one-half of the contributor's aggregate salary for the period of service of 2 years ending on the contributor's last day of service—

and if the period of recognised service includes a period of leave without pay, there is deemed to have been payable to that contributor during that period of leave without pay, salary at the rate payable to the contributor immediately before the period of leave, or such higher salary as has been approved by the Board for the purposes of this subsection.

(2)A person who is employed by the Ambulance Service—Victoria within the meaning of the Ambulance Services Act 1986 or any other declared ambulance service and is not a contributor to the Hospitals Superannuation Fund may, within the prescribed period under the Emergency Services Superannuation (Transfer Period) Regulations 1987 or a subsequent period determined by the Board, choose to contribute to the Scheme.

(3)A person becomes a contributor to the Scheme—

(a)if the person becomes an employee on or after the date on which this Act comes into operation, on the commencement of that employment; or

(b)if the person is a transferred officer, when that person chooses to contribute to the Scheme.

(4)A police recruit cannot become a contributor to the Scheme.

(5)A person who is a contributor to the Metropolitan Fire Brigades Superannuation Fund immediately before section 4 of the Emergency Services Superannuation (MFBSF Transfer) Act 1991 comes into operation is deemed on that commencement to have chosen to contribute to the Scheme.

(6)A person to whom subsection (5) applies is entitled to elect to contribute to make the same contributions and receive the same benefits that he or she would have been entitled to make and receive as a contributor to the Metropolitan Fire Brigades Superannuation Fund.

(7)A person who is not an operational staff member cannot become a contributor to the Scheme on or after 1 January 1994 except as a member of the ESSPLAN Scheme.

(7A)Despite subsection (7), an eligible protective services officer who—

(a)is a member of the ESSPLAN Scheme; and

(b)elects to become a contributor to the Scheme in accordance with section 4AA—

becomes a contributor to the Scheme under Part 3AA from the day on which the Board accepts the election.

(7B)An eligible protective services officer who is a member of the ESSPLAN Scheme and does not make an election under section 4AA continues to be a member of the ESSPLAN Scheme.

(7C)An eligible protective services officer who is a member of the ESSPLAN Scheme and has not made an election under section 4AA cannot be a contributor to the Scheme under Part 3AA.

(8)A returning member who is an operational staff member cannot become a contributor.

(9)Despite anything to the contrary in this section, an eligible beneficiary—

(a)may become a member of the ESSPLAN Scheme in accordance with section 21B(1)(c);

(b)who becomes a member of the ESSPLAN Scheme in accordance with section 21B(1)(c) is not a contributor to the Scheme.

(10)For the avoidance of doubt, despite the transfer of the Parliamentary Contributory Superannuation Fund, a member of the Parliament of Victoria who under Part 3 of the Parliamentary Salaries, Allowances and Superannuation Act 1968 is entitled to be a member of the Scheme cannot become a member of the ESSPLAN Scheme.

4APayment of contributions by employers

(1)For the purposes of the provisions of this Act relating to contributions by employers, employer means—

(a)an employer within the meaning of the definition of "employer" in section 3; and

(b)any other person, authority or body declared by the Minister by notice published in the Government Gazette to be an employer in respect of an employee or a pensioner.

(2)The Minister may by notice published in the Government Gazette declare a class or classes of employers.

4AAEligible protective services officer may make election

(1)An eligible protective services officer who is a member of the ESSPLAN Scheme may within the election period elect to become a contributor to the Scheme under Part 3AA.

(2)An election under subsection (1)—

(a)must be in writing addressed to the Board in a form approved by the Board;

(b)cannot be withdrawn after the eligible protective services officer has been advised by the Board that the election has been accepted;

(c)ceases to have effect, if before the Board has accepted the election, the eligible protective services officer—

(i)dies; or

(ii)suffers a disability; or

(iii)terminates service.

(3)The Minister may, on the advice of the Board, by further notice published in the Government Gazette before the expiry of the election period extend the election period to a later date specified in the notice.

(4)For the purposes of this section, election period means the period specified by the Minister by notice published in the Government Gazette to be the specified period in respect of all eligible protective services officers or in respect of classes of eligible protective services officers specified in the notice.

4BEffect of Act

This Act does not confer any power on the Government of Victoria, the Minister or the Board to close the Scheme established under section 15 to new members.

4CGuarantee of no detriment

(1)Subject to subsection (2), no benefit or entitlement to a benefit calculated or payable under a Superannuation Act shall be less than the benefit or entitlement to which a person would have been entitled if this Act had not been amended by the Superannuation Legislation (Governance Reform) Act 2005.

(2)This section applies to a benefit or entitlement to a benefit calculated or payable under Part 3A only to the extent that the benefit is not impacted by investment decisions, changes to the rate or amount of member contributions made at the direction of a member or matters at the discretion of the Board.

4DReview of decision

A person who is aggrieved as to a decision of the Board that a benefit or entitlement to a benefit calculated or payable under a Superannuation Act to which section 4C applies is not less than the benefit or entitlement to which a person would have been entitled if this Act had not been amended by the Superannuation Legislation (Governance Reform) Act 2005, is entitled to a review of that decision in accordance with the Superannuation Act under which the benefit or entitlement to the benefit is calculated or payable.

PART 2—EMERGENCY SERVICES SUPERANNUATION BOARD

5Establishment of Board

(1)There is established a body corporate called the Emergency Services Superannuation Board.

(2)The Board—

(a)has perpetual succession; and

(b)has a common seal; and

(c)may sue and be sued in its corporate name; and

(d)is capable of taking, purchasing, leasing, holding, selling, exchanging and disposing of real and personal property for the purposes of this Act; and

(e)may do and suffer all acts and things which a body corporate may by law do and suffer and which are necessary or expedient for the purposes of this Act.

(3)The common seal of the Board—

(a)can only be attached to a document if the Board so resolves; and

(b)must be authenticated by the signature of one member of the Board and an officer authorised by the Board.

6Objectives and duties of Board

(1)The following are the objectives of the Board—

(a)to collect contributions and other assets due to the Scheme or an administered scheme;

(b)to manage and determine investment objectives for the assets of the Scheme or an administered scheme so as to achieve optimal risk and return outcomes having regard to—

(i)the need to provide for payments out of the Scheme or administered scheme; and

(ii)the need to exercise reasonable care and prudence so as to maintain the integrity of the Scheme or administered scheme;

(c)to administer the payment of benefits under a Superannuation Act or the governing instrument of an administered scheme.

(2)It is the duty of the Board to—

(a)establish policies for the administration of each Superannuation Act and administered scheme and to adopt strategies for the achievement of those policies; and

(b)determine, authorise or approve programs for the administration of each Superannuation Act and administered scheme; and

(c)determine objectives for the investment of money in the Scheme and standing to the credit of each administered scheme; and

(d)establish and implement strategies for the investment of money in the Scheme and standing to the credit of each administered scheme; and

(e)ensure that the assets of each administered scheme are administered in accordance with this Act and with those provisions of the governing instrument under which the administered scheme is constituted which continue to apply to an administered scheme by virtue of this Act; and

(f)have regard to the interests of persons entitled to benefits under the Scheme, a Superannuation Act or an administered scheme; and

(fa)have regard to the interests of contributing employers under the Scheme, a Superannuation Act or an administered scheme; and

(g)ensure that the Scheme and each administered scheme is administered in accordance with the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 and the Commonwealth Superannuation Contributions Tax Imposition Act 1997 and any regulations under those Acts; and

(h)ensure that the provisions of Part VIIIB and VIIIAB of the Commonwealth Family Law Act 1975 and regulations made under that Act for the purposes of that Part are complied with; and

(ha)ensure that the provisions of Subdivision B of Division 3 of Part VI of the Commonwealth Bankruptcy Act 1966 and regulations made under that Act for the purposes of that Subdivision are complied with; and

(i)ensure that the decisions and operations of the Board are directed towards achieving its objectives; and

(j)ensure that the Board has, or has access to, the skills, facilities and resources required to achieve its objectives; and

(k)subject to subsection (3), inform contributors and members, about their rights and the benefits under the Scheme, a Superannuation Act or an administered scheme and about the management and investment of the Scheme or the administered scheme including making available to contributors and members at least once in each year a summary of information about the management and investment of the Scheme or administered scheme; and

(l)subject to subsection (3), liaise with relevant industrial organisations about the interests of contributors and members and inform those organisations about the management and investment of the Scheme or administered scheme; and

(m)ensure that the Board conducts its operations in an efficient manner.

(2A)In relation to the investment of all or part of the money in the Scheme and standing to the credit of each administered scheme, the Board is to be taken to have discharged the relevant duties specified in subsection (2), other than the duty to determine investment objectives under subsection (2)(c), if in respect of that money—

(a)the Board has appointed the Victorian Funds Management Corporation under section 9A of the Victorian Funds Management Corporation Act 1994 to perform investment related functions on behalf of the Board; and

(b)the terms of the appointment with respect to the investment of money are in accordance with an approval given by the Governor in Council under section 20 of the Borrowing and Investment Powers Act 1987.

(2B)If any provision of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 or the Commonwealth Superannuation Contributions Tax Imposition Act 1997 or of any regulations under those Acts is inconsistent with a Superannuation Act or any regulations under a Superannuation Act or the governing instrument of an administered scheme, the Board is to be taken to have complied with the Superannuation Act or the regulations or the governing instrument of the administered scheme if the Board has complied with the provision of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 or the Commonwealth Superannuation Contributions Tax Imposition Act 1997 or of the regulations under those Acts.

(2C)If any provision of Part VIIIB or VIIIAB of the Commonwealth Family Law Act 1975 or of any regulations made under that Act for the purposes of those Parts is inconsistent with a Superannuation Act or any regulations under a Superannuation Act or the governing instrument of an administered scheme, the Board is to be taken to have complied with the Superannuation Act or the regulations or the governing instrument of the administered scheme if the Board has complied with the provision of Part VIIIB or VIIIAB of the Commonwealth Family Law Act 1975 or of any regulations made under that Act for the purposes of those Parts.

(2D)If any provision of Subdivision B of Division 3 of Part VI of the Commonwealth Bankruptcy Act 1966 or of any regulations made under that Act for the purposes of that Subdivision is inconsistent with a Superannuation Act or any regulations made under a Superannuation Act or the governing instrument of an administered scheme, the Board is to be taken to have complied with the Superannuation Act or the regulations or the governing instrument of the administered scheme if the Board has complied with the provision of Subdivision B of Division 3 of Part VI of the Commonwealth Bankruptcy Act 1966 or of any regulations made under that Act for the purposes of that Subdivision.

(3)The Board must, in performing its duties under subsections (2)(k) and (2)(l), consider the need to protect information the disclosure of which could adversely affect the financial position or the commercial or other operations of the Board.

(4)If the Minister at any time gives the President a statement of government policy on any matter that is relevant to the performance of the duties of the Board, together with a request that the Board consider that policy in the performance of its duties, the Board must ensure that consideration is given to that policy.

(5)If the Minister gives a statement to the President under subsection (4), the Board must publish that statement in its next annual report.

(6)The Minister may issue a direction in writing to the Board in respect of the administration of this Act as amended by the Superannuation Legislation (Governance Reform) Act 2005 relating to or consequent on—

(a)the closure of the State Superannuation Fund and the transfer of the assets and liabilities of the State Superannuation Fund to the Scheme;

(b)the transfer of administration from the Government Superannuation Office to the Board;

(c)the re-constitution of the Board.

(7)The Board must give effect to a direction issued under subsection (6).

(8)If the Minister issues a direction under subsection (6), the Board must publish that direction in its next annual report.

6AFunctions and powers of the Board

(1)Without derogating from section 6, the Board has the functions and powers conferred or imposed on the Board by—

(a)a Superannuation Act and any regulations made under a Superannuation Act;

(b)any other Act and any regulations made under that other Act;

(c)the governing instrument of an administered scheme.

(2)Subject to this Act, the Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and duties and to enable it to achieve its objectives.

(3)Without limiting or derogating from the generality of the powers of the Board under this Act, the powers of the Board include—

(a)power to enter into agreements or arrangements with any other person or body—

(i)to carry out on behalf of the Board any one or more of the functions or powers of the Board in relation to the Scheme or an administered scheme;

(ii)to arrange death and disability cover insurance for individual members or classes of members of the Scheme or an administered scheme;

(iii)to provide custodial or nominee services;

(iv)to provide superannuation advice and financial planning services for beneficiaries, contributors, members and eligible spouses;

(b)power to engage any person or body to act as an agent on behalf of the Board.

(4)The Board may make arrangements with—

(a)the bodies administering the superannuation funds referred to in section 4(1) of the Transport Superannuation Act 1988; or

(b)any Minister, employer, employing authority, Government Department or agency or any other statutory body—

relating to the members of a superannuation fund or the provision of any services to the members of a superannuation fund or other pension or compensation fund.

(5)Any arrangements in effect under section 26 of the Transport Superannuation Act 1988 as in force immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005 are deemed to have been made under subsection (4).

(6)The Board may engage an actuary to advise it about the administration of the Scheme or an administered scheme.

6BPrudential superannuation standard

(1)The Governor in Council may by Order in Council make a prudential superannuation standard.

(2)A prudential superannuation standard made under subsection (1)—

(a)must be published in the Government Gazette; and

(b)takes effect on and from the date on which it is published or any later date of commencement as may be specified in the Order in Council.

(3)The Board must in the performance of its functions and duties comply with a prudential superannuation standard.

7Membership of the Board

(1)The Board is to consist of 12 members appointed by the Governor in Council of whom—

(a)1 is to be a contributor elected by contributors who are employed under the Victoria Police Act 2013 or by the employee organisations representing those contributors; and

(b)1 is to be a contributor elected by contributors who are officers or employees of Fire Rescue Victoria or persons appointed by the Country Fire Authority under section 17 of the Country Fire Authority Act 1958 or by the employees of the unions representing those contributors; and

(c)1 is to be a contributor elected by contributors who are employees appointed by Ambulance Services—Victoria under the Ambulance Services Act 1986 or by any other ambulance service specified by the Minister under this Act and by contributors who are not employees referred to in paragraph (a) or (b); and

(d)3 are to be members of the Scheme elected by members of the Scheme; and

(e)6 are to be persons nominated by the Minister.

(2)The Governor in Council must appoint a member nominated under subsection (1)(e) to be the President of the Board.

(3)For the purposes of subsection (1)(a), (1)(b) and (1)(c), each of the contributor members of the Board in office immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005 continue in office for the remainder of the term for which the member was elected unless the member ceases to be a member for any of the reasons specified in section 8(1) or is suspended or removed from office;

(4)Despite subsection (1)(d), until 31 December 2006 the members appointed for the purposes of that subsection as from 1 December 2005 are to be members of the Scheme being the persons elected under section 10(1)(c) of the Government Superannuation Act 1999 and in office as members of the Board of Directors of the Government Superannuation Office immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005 and who are to be members until 31 December 2006, unless the member ceases to be a member for any of the reasons specified in section 8(1) or is suspended or removed from office.

(5)Despite subsection (1)(e)—

(a)each of the members of the Board, not being an elected member, in office immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005 continue in office for the remainder of the term for which the member was appointed; and

(b)3 of the members appointed for the purposes of that subsection as from 1 December 2005 are to be the persons appointed under section 10(1)(b) of the Government Superannuation Act 1999 and in office as members of the Board of Directors of the Government Superannuation Office immediately before the commencement and who are to be members for the remainder of the term for which the member was appointed as a member of the Board of Directors of the Government Superannuation Office—

unless the member ceases to be a member for any of the reasons specified in section 8(1) or is suspended or removed from office.

(6)Despite subsection (2), the person who immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005 was the President continues, subject to this Act, in office for the remainder of the term for which the person was appointed to be the President.

(7)A member of the Board is to be appointed for a term not exceeding 5 years as is specified in the member's instrument of appointment.

(8)Despite subsection (7), the term of office of an elected member of the Board may exceed 5 years but not 6 years if the member is elected to fill a casual vacancy in respect of a member who had an unexpired term of less than 1 year.

(9)A member of the Board is eligible for re‑appointment.

(10)Elections of members to the Board must be held in accordance with procedures determined by the Board.

(11)If there is no candidate at an election or no person is elected at an election, the Governor in Council may appoint a person to be a member who is approved by the Minister and recommended by the relevant employee organisation or union, although that person has not been elected.

(12)The Board is deemed to be the same body on and after as before the commencement of the Superannuation Legislation (Governance Reform) Act 2005.

(13)In this section and sections 8(1)(d) and 12—

contributor means—

(a)a person who is a contributor within the meaning of section 3(1); or

(b)a person who is a member within the meaning of section 21;

contributor member of the Board means a member of the Board under subsection (1)(a), (1)(b) or (1)(c);

member of the Scheme means—

(a)a person who is eligible to make contributions under the State Superannuation Act 1988 and be the subject of contributions to the Scheme by an employing authority under that Act; or

(b)a person who is eligible to make contributions under the State Employees Retirement Benefits Act 1979 and be the subject of contributions to the Scheme by an employer under that Act; or

(c)a person who is eligible to make contributions under the Transport Superannuation Act 1988 and be the subject of contributions to the Scheme by a Transport Authority under that Act; or

(d)a person who is eligible to make contributions under the governing instrument of an administered scheme and be the subject of contributions by an employer under that governing instrument;

Scheme member of the Board means a member of the Board under subsection (1)(d).

8Vacancies on Board

(1)A member of the Board ceases to be a member if that person—

(a)becomes bankrupt; or

(b)is absent, without leave first granted by the Board, from three consecutive meetings of which reasonable notice has been given to that member personally or by post; or

(c)is convicted of an offence against a law of the State of Victoria or a law of the Commonwealth or of another State or of a Territory, being an offence in respect of dishonest conduct; or

(d)being a contributor member of the Board, ceases to be a contributor; or

(da)being a Scheme member of the Board, ceases to be a member of the Scheme; or

(db)becomes permanently incapable of performing the duties of office; or

(e)resigns office by writing signed and addressed to the Minister.

(2)If an elected member dies or otherwise ceases to be a member—

(a)the deputy of the elected member under section 9 is to be appointed by the Governor in Council to fill the vacancy; or

(b)if there is no deputy of the elected member, the Governor in Council may appoint a person elected in the same manner as that member was elected to fill the vacancy.

(3)If a nominated member dies or otherwise ceases to be a member—

(a)the Governor in Council is to appoint a person nominated by the Minister to fill the vacancy; or

(b)if the Minister does not nominate a person to fill the vacancy within 28 days, the Governor in Council may appoint a person who is a member of the pool of deputies under section 9A to fill the vacancy.

(3A)In subsection (2) and section 9, elected member means a member of the Board elected under section 7(1)(a), 7(1)(b), 7(1)(c) or 7(1)(d) or appointed under section 7(11).

(3B)In subsection (3) and section 9A, nominated member means a member of the Board nominated under section 7(1)(e).

(4)A vacancy in the office of a member of the Board must be filled within 60 days of the vacancy occurring.

9Deputies—elected members

(1)Each elected member is to have a deputy elected in the same manner as the member and appointed by the Governor in Council.

(2)The deputy of an elected member is to act in the case of illness, suspension or absence of that member.

(3)A deputy of an elected member has while acting as a member the powers and authority of the member.

(4)A person may act as the deputy of more than one elected member except for the purposes of forming a quorum or voting on a resolution, provided that the member is elected in the same manner as all of those members.

9ADeputies—nominated members

(1)The Minister must appoint 3 persons to constitute a pool of deputies in respect of nominated members to act in the case of illness, suspension or absence of a nominated member.

(2)The President of the Board must develop the procedure for determining the manner in which a deputy is to be appointed from the pool of deputies of a member to act in the case of illness, suspension or absence of a particular nominated member.

(3)A deputy has while acting as a nominated member the powers and authority of the nominated member.

(4)A deputy may act as the deputy of more than one nominated member except for the purposes of forming a quorum or voting on a resolution.

10Suspension and removal of members

The Governor in Council may remove or suspend a member of the Board from office for misbehaviour or incompetence whether by act or omission while performing the duties of that person as a member.

11Payment of members

Each member is entitled to be—

(a)paid such remuneration as the Governor in Council fixes from time to time; and

(b)reimbursed for expenses incurred in the course of performing the duties of office which are expenses approved by the Board.

12Procedure of the Board

(1)Except as otherwise provided, all duties, functions and powers of the Board may be performed or exercised at any meeting of the Board at which at least two-thirds of the members are present.

(2)Subject to subsection (9), a decision of the Board requires at least a two-thirds majority of the total number of members of the Board.

(3)During any vacancy in the Board, the continuing members may subject to there being a quorum act as if there were no vacancy.

(4)The Board may hold its meetings at any time and place it appoints and may adjourn a meeting.

(5)The Board may transact any of its business at a meeting at which the members or any of the members participate by telephone, closed-circuit television or in any other similar way.

(6)The President of the Board must preside at all meetings of the Board at which the President is present.

(7)If the President of the Board is not present at a meeting of the Board, the longest serving member present at the meeting is to act as the President at the meeting.

(8)The President or the member presiding at any meeting of the Board has a deliberative vote only.

(9)If a matter to be determined by the Board at a meeting is a matter affecting a benefit entitlement of a contributor or a member of the Scheme, the matter can only be determined by a resolution passed by a two-thirds majority of the total number of members of the Board that includes—

(a)if the matter relates to the benefit entitlement of a contributor, at least two members elected under section 7(1)(a), 7(1)(b) or 7(1)(c); or

(b)if the matter relates to the benefit entitlement of a member of the Scheme, at least two members elected under section 7(1)(d).

(10)The Board must keep minutes of each meeting of the Board.

(11)Subject to this Act, the Board may regulate its own procedure.

(12)An act or decision of the Board is not invalid by reason only—

(a)of a vacancy in the office of a member; or

(b)of any defect or irregularity in or in connection with the appointment of a member; or

(c)in the case of a person appointed to act as President or as a member, that the occasion for so acting has not arisen or has ceased.

12AResolutions without meetings

(1)If all of the members of the Board for the time being sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms shall be taken to have been passed at a meeting of the Board held on the day on which the document is signed or, if the members of the Board do not sign it on the same day, on the day on which the last member signs the document.

(2)If a resolution is, under subsection (1), taken to have been passed at a meeting of the Board, each member of the Board must immediately be advised of the matter and given a copy of the terms of the resolution.

(3)For the purposes of subsection (1), two or more separate documents containing a statement in identical terms, each of which is signed by one or more members of the Board, shall be taken to constitute one document.

12BImproper use of information

A person who is, or has been, a member of the Board, the Chief Executive Officer or a person employed under section 13A or to which section 13A(3)(b) applies, or member of the staff of the Board must not make improper use of any information acquired only in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or for any other person.

Penalty:50 penalty units.

12CCommittees of the Board

(1)The Board may establish one or more committees of members of the Board.

(2)The Board may by instrument of delegation delegate any of its functions or powers, other than this power of delegation, to a member of a committee.

(3)A committee is to have an equal number of members appointed (non-elected) under section 7(1) and of members elected under sections 7(1)(a), 7(1)(b), 7(1)(c) and 7(1)(d).

(4)A quorum of a committee is constituted by not less than two-thirds of the total number of members of the committee in office for the time being.

(5)Sections 12, 12A and 12D apply with such modifications as are necessary in respect of a committee.

12DPecuniary interests of members of the Board

(1)A member of the Board who has any pecuniary interest in a matter being considered or about to be considered by the Board or in any other matter in which the Board is concerned must, as soon as practicable after the relevant facts have come to the member's knowledge, declare the nature of that interest at a meeting of the Board.

(2)The requirements of subsection (1) do not apply in any case where the interest of the member of the Board consists only of being a shareholder or creditor of a company which has an interest in a contract or proposed contract with the Board if the interest of the member may properly be regarded as not being a material interest.

(3)The person presiding at a meeting at which a declaration is made under subsection (1) must cause a record of the declaration to be made in the minutes of the meeting.

(4)After a declaration is made by a member of the Board under subsection (1)—

(a)that member must not be present during any deliberation of the Board with respect to that matter; and

(b)that member is not entitled to vote on the matter; and

(c)if that member does vote on the matter, the vote must be disallowed.

(5)A member of the Board is not to be taken to have a pecuniary interest in a matter only because the member has or may become entitled to a benefit from the Fund.

13Chief Executive Officer

(1)The Chief Executive Officer is subject to the direction and control of the Board.

(2)The Chief Executive Officer is to be appointed by the Board with the approval of the Minister.

(3)Subject to this section, the terms and conditions of appointment of the Chief Executive Officer are to be determined by the Board with the approval of the Minister.

*                *                *                *                *

(6)The Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment.

(7)The Chief Executive Officer is eligible for re‑appointment at the end of the period of office.

(8)A person appointed to be the Chief Executive Officer who was, immediately before that appointment, an officer within the meaning of the State Superannuation Act 1988 continues, subject to that Act, to be an officer within the meaning of that Act while holding the office of Chief Executive Officer.

(9)The Board may appoint a person, including a member of the Board, to act as the Chief Executive Officer for a period not exceeding 60 days.

(10)The Chief Executive Officer may, by instrument, delegate to any employee referred to in section 13A, any responsibility, power, authority, duty or function conferred on the Chief Executive Officer under this Act or the regulations, except this power of delegation.

13AStaff

(1)The Chief Executive Officer may on behalf of the Board employ any persons necessary for the purposes of this Act under Part 3 of the Public Administration Act 2004.

(2)Persons employed in accordance with section 22 of the Government Superannuation Act 1999 under Part 3 of the Public Administration Act 2004 are to be taken to have been employed in accordance with subsection (1) for the purposes of this Act.

(3)A person employed by the Board in accordance with section 13 as in force before the commencement of the Superannuation Legislation (Governance Reform) Act 2005 must, within 90 days of that commencement, elect in writing to the Chief Executive Officer to—

(a)be employed in accordance with subsection (1) under Part 3 of the Public Administration Act 2004; or

(b)continue to be employed by the Board in accordance with section 13 as in force before the commencement of the Superannuation Legislation (Governance Reform) Act 2005.

(4)A person to whom subsection (2) or (3) applies is entitled to a salary and terms and conditions of employment no less favourable than those which he or she received or was entitled to receive immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005 and to all his or her accrued benefits arising from his or her prior employment.

(5)A person to whom subsection (2) or (3) applies who, immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005, was—

(a)an officer within the meaning of the State Superannuation Act 1988; or

(b)an employee within the meaning of the State Employees Retirement Benefits Act 1979; or

(c)an employee within the meaning of the Transport Superannuation Act 1988—

continues, subject to the relevant Act, to be an officer or an employee (as the case may be) within the meaning of that Act while employed for the purposes of this Act.

(6)The transfer of an employee by subsection (2) does not constitute a resignation or termination of employment of that employee and the post-transfer service of that employee is to be regarded as continuous with the pre-transfer service of that employee.

14Delegation

The Board may, by an instrument of delegation under its common seal, delegate to the President, a member of the Board, the Chief Executive Officer or a person employed under section 13A or to which section 13A(3)(b) applies or to any other person or corporation—

(a)any function, power or duty of the Board under a Superannuation Act or any other Act or under a governing instrument, other than this power of delegation; or

(b)any power or duty of the Board under the Borrowing and Investment Powers Act 1987.

PART 3—EMERGENCY SERVICES SUPERANNUATION SCHEME

15Establishment of Scheme

There is established a Scheme called the Emergency Services Superannuation Scheme, which is to be administered by the Board.

*                *                *                *                *

17Borrowing and investment powers[1]

The Board has the powers conferred on it by the Borrowing and Investment Powers Act 1987.

17AInvestment funds

The Board may establish special arrangements within the ESSPLAN Scheme to be called investment funds.

17BGroup accounts

(1)The Board may establish and maintain separate group accounts within the Scheme.

(2)A group account must show the asset and liability position of the account.

(3)Group accounts may be established for a part or all of the Scheme and any administered scheme.

(4)A group account must be credited with—

(a)all contributions and amounts received by the Board by or on behalf of the contributors, beneficiaries, members or pensioners to which the group account relates;

(b)that part of the investment earnings of the Scheme that the Board determines is attributable to the group account on a fair and equitable basis.

(5)A group account must be debited with—

(a)all benefits paid to or in respect of the contributors, beneficiaries, members or pensioners to which the group account relates;

(b)that part of the amount appropriated by the Board to the Management Account under section 18 that the Board determines is attributable to the group account on a fair and equitable basis;

(c)any other expenses, taxes or charges which the Board determines are attributable to the group account on a fair and equitable basis.

18Management Account of the Board

(1)The Board must keep an account called the Management Account.

(2)The Board must credit to the Management Account—

(a)any money appropriated from time to time by the Board from the Scheme;

(b)any amount received under subsection (3);

(c)any money standing to the credit of the Management Account established under section 17(1) of the State Superannuation Act 1988 immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005.

(3)If the Board administers any other superannuation fund or scheme or provides services to any Minister, employer or employing authority, the Board may require reimbursement for the costs of that administration or the provision of those services.

(4)The Board must debit to the Management Account—

(a)the remuneration paid to members of the Board;

(b)the salaries or other remuneration paid to persons employed for the purposes of this Act;

(c)the expenses incurred in administering the Scheme and carrying out its functions under a Superannuation Act or the regulations under a Superannuation Act or under any other Act or the regulations under that other Act;

(d)the expenses of the Board in administering an administered scheme or any other superannuation scheme.

19Actuarial investigation of the Scheme

*                *                *                *                *

(7)The Board must arrange for an actuarial investigation into the financial position of the Scheme as at 30 June 1988 and at the end of each following period of three years to be made by an actuary appointed by the Board.

(8)The Board must submit the actuary's report of the investigation to the Minister within six months after the end of each period of three years.

(9)The Minister must cause each actuary's report submitted to him or her to be laid before the Legislative Council and the Legislative Assembly before the expiration of the seventh sitting day of the Legislative Council or the Legislative Assembly, as the case may be, after the actuary's report has been received by the Minister.

PART 3AA—CONTRIBUTIONS AND BENEFITS

20Scheme may be supplemented by Consolidated Fund

(1)If the amount to the credit of the Scheme is at any time insufficient to meet the benefits authorized to be paid out of the Scheme for—

(a)police officers; or

(ab)officers or employees appointed by Fire Rescue Victoria under the Fire Rescue Victoria Act 1958; or

(ac)officers or employees appointed by the Country Fire Authority under the Country Fire Authority Act 1958 or members of the Country Fire Authority under that Act; or

(ad)employees appointed by Ambulance Service—Victoria under the Ambulance Services Act 1986 or employees appointed by any other ambulance service specified by the Minister; or

(ae)protective services officers other than eligible protective services officers; or

(af)eligible protective services officers to whom section 4(7A) applies; or

(b)any other group of contributors which is specified by the Minister—

money may from time to time be issued and applied out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) to meet the insufficiency.

(2)This section does not apply in respect of the ESSPLAN Scheme.

20AContributions

(1)Subject to subsection (2), a contributor must make contributions to the Scheme on each date for payment of salary or, except when the contributor has become entitled to a benefit under section 20D, 20F, 20J or 20K, periodic payments under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013.

(2)Subject to subsections (5), (6), (7) and (8), a contributor may elect to make no contributions or to make contributions at a rate of 3%, 5%, 6%, 7% or 8% of salary.

(2AA)Subject to subsection (7A), from 1 July 2019 a contributor may also elect to make contributions at a rate of 9% or 10% of salary.

(2A)An eligible salary sacrifice contributor may by notice in writing to his or her employer elect to make his or her member contributions by way of salary sacrifice at the rate calculated to the nearest highest 0×1% in accordance with the following formula—

where—

Mis the applicable member contribution rate in accordance with subsection (2) or (2AA) without salary sacrifice;

Ris the tax rate for the financial year on taxable contributions to the Scheme under the Income Tax Assessment Act 1936 of the Commonwealth.

(2B)An election under subsection (2A)—

(a)can only be made if there is in force an agreement between the employer and the contributor under which the employer can make the member contributions required by this Act by way of salary sacrifice;

(b)is subject to the terms and conditions specified in the agreement referred to in paragraph (a);

(c)can only be made in respect of the whole of the member contributions;

(d)can not be made in respect of any contributions made by a contributor in addition to the member contributions required under subsection (2) or (2AA).

(2C)Member contributions made in accordance with the rate determined under subsection (2A) are for the purposes of this Act (other than sections 25B to 25C) to be taken to be—

(a)the member contributions required to be paid under this Act; and

(b)the member contributions that would have been payable if an election had not been made under subsection (2A).

Note

The effect of paragraph (b) is that, for the purpose of calculating benefit entitlements, the member contributions are taken to be the member contributions that would have been payable if no election had been made.

(2D)An election under subsection (2A) does not affect the amount that would otherwise constitute the salary of the contributor for the purposes of this Act.

(3)The contributions payable by a part-time contributor are that proportion of the contributions otherwise determined in accordance with this section that the service of the part-time contributor (at the time the contributions fall due) bears to the service of a person in similar employment on a full-time basis.

(3A)For the purposes of subsection (3), the Board may review the contributions payable by a part-time contributor.

(3B)If after a review under subsection (3A), the Board considers that the contributions paid by the part-time contributor during the period reviewed do not bear the same proportion to the contributions otherwise determined in accordance with this section that the service of the part-time contributor bears to the service of a person in similar employment on a full-time basis, the Board may require the part-time contributor to make additional contributions as determined by the Board.

(4)Subject to giving 2 months' notice in writing, a contributor may vary the rate of contribution once in any calendar year.

(5)A contributor who is not an operational staff member is permitted to contribute at a rate of 6% of salary only if the contributor is a transferred officer.

(6)A contributor who is not an operational staff member is permitted to contribute at a rate of 7% of salary only if the contributor is a transferred officer.

(7)A contributor is permitted to contribute at a rate of 8% of salary only if at the time of the first election under this section or at any subsequent date on which contributions may be varied—

(a)the contributor is a transferred officer and has contributed to the Fund established under the Superannuation Act 1958 and the Scheme for a total period of not less than 5 years; or

(b)the contributor is a transferred officer and has contributed to the Fund established under the Metropolitan Fire Brigades Superannuation Act 1976 and the Scheme for a total period of not less than 15 years; or

(c)the contributor is a transferred officer and has contributed to the Fund established under the Hospitals Superannuation Act 1965 and the Scheme for a total period of not less than 10 years; or

(d)the contributor is an operational staff member whose average contribution rate is less than 7% of his or her salary for each year of his or her membership.

(7A)A contributor is permitted to contribute at a rate of 9% or 10% of salary only if at the time of the first election under this section or at any subsequent date on which contributions may be varied, the contributor is an operational staff member whose average contribution rate is less than 7% of their salary over the whole of their period of membership as at the time of the election.

(8)Contributions must cease when the accrued benefit of the member equals the maximum specified in section 20C or if the contributor has elected to take a transition to retirement pension under section 20T, the reduced maximum under section 20T(4).

(9)The Board may at its discretion accept on behalf of a contributor a transfer of money or other assets from an approved superannuation arrangement.

(4)In addition to any other form of determination by the Board, the Board shall be deemed to have made a determination under subsection (2) or (3) if it fails to issue a relevant notice to a benefit recipient under the tax law classifying all of the post-June 1983 component of a benefit payable to a member of the Fund as untaxed.

(5)In determining the basis of the reduction required under subsection (2) or (3), the actuary must aim to ensure as far as practicable that—

(a)the cost of the Fund to employers participating in the Fund is not greater than what would have been the employer cost if the income of the Fund was from 1 July 1988 not subject to tax; and

(b)no unreasonable detriment is caused to an affected member of the Fund.

(6)If, having received an application from an affected member in accordance with subsection (7), the Board is satisfied that a reduction in benefits has resulted in any detriment to the member in respect of a benefit which has become payable to the member, the Board may take such steps, including without limitation increasing the benefit, as the Board considers necessary to avoid or compensate for that detriment.

(7)An affected member may within 3 months of a benefit becoming payable from the Fund (or any longer period approved by the Board if the Board considers that there are special circumstances) apply to the Board for a review of the amount of the benefit.

(8)The application must be in a form and contain and be accompanied by information prescribed by the Board.

(9)The Board must not consider an application for review under this subsection on any ground other than detriment.

(10)In determining whether any detriment exists and the extent of that detriment—

(a)the Board must act on the advice of the actuary, given either generally or in any specific case; and

(b)the actuary must have regard to the following factors—

(i)the receipt by a member of a post-June 1983 component of the benefit classified for the purposes of the tax law as a taxed element rather than as an untaxed element; and

(ii)the rates of tax and the basis for its assessment under the tax law as at the date of commencement of this Act in respect of a benefit that becomes payable to a person aged 55 years or more; and

(iii)any other matters the actuary considers relevant.

25AA   No detriment provision

(1)In this section—

actuarymeans a person who is—

(a)a fellow or an accredited member of the Institute of Actuaries of Australia; and

(b)approved by the Minister; and

(c)appointed by the Board as the actuary for the purpose of this section;

affected member means a person who becomes a contributor on or after 1 July 2005 and becomes entitled to a benefit part of which is subject to a determination made under section 25A(3);

after-tax benefit has the same meaning as it has in section 25A;

detriment means receiving a lesser amount of after-tax benefit than would have been received if the benefit had not been subject to a determination made under section 25A(3);

post-June 1983 component has the same meaning as it has in section 25A;

rebatable 27H amount has the same meaning as it has in section 25A;

tax lawhas the same meaning as it has in section 25A;

taxed element has the same meaning as it has in section 25A;

taxedhas the same meaning as it has in section 25A;

untaxedhas the same meaning as it has in section 25A.

(2)If, having received an application from an affected member in accordance with subsection (3), the Board is satisfied that a reduction in benefits has resulted in a detriment to the member in respect of a benefit which has become payable to the member, the Board may take such steps, including without limitation increasing the benefit, as the Board considers necessary to avoid or compensate for that detriment.

(3)An affected member may within 3 months of a benefit becoming payable from the Fund (or any longer period approved by the Board if the Board considers that there are special circumstances) apply to the Board for a review of the amount of the benefit.

(4)The application must be in a form and contain and be accompanied by information required by the Board.

(5)The Board must not consider an application for review under this subsection on any ground other than detriment.

(6)In determining whether a detriment exists and the extent of that detriment—

(a)the Board must act on the advice of the actuary, given either generally or in any specific case; and

(b)the actuary must have regard to the following factors—

(i)the receipt by a member of a post-June 1983 component of the benefit classified for the purposes of the tax law as a taxed element rather than as an untaxed element; and

(ii)the rates of tax and the basis for its assessment under the tax law as at the commencement of section 145 of the Public Sector Superannuation (Administration) Act 1993 in respect of a benefit that becomes payable to a person aged 55 years or more; and

(iii)any other matters the actuary considers relevant.

25BSurcharge debt account

(1)The Board must establish and maintain a separate surcharge debt account for each contributor to the Scheme or member of the ESSPLAN Scheme.

(2)The Board must debit to a contributor's or member's surcharge debt account—

(a)any superannuation contributions tax paid or payable by the Board on contributions in respect of the contributor or member as a result of the operation of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 to discharge the liability imposed under that Act; and

(b)if the contributor's or member's surcharge debt account is in debit at the end of a financial year, interest on the amount by which the account is in debit, calculated at the same rate as the rate determined under section 16 of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997; and

(c)any debit adjustment to the amount debited under paragraph (a).

(3)The Board must credit to a contributor's or member's surcharge debt account—

(a)any pre-payment by the contributor or member to the Board in respect of any payment made or to be made by the Board to discharge or partially discharge the liability imposed under the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997; and

(b)any credit adjustment to the amount debited under subsection (2)(a); and

(c)any surcharge deduction amount under subsection (4); and

(d)an amount to achieve a nil balance after all the debits under subsection (2) and all the credits under paragraphs (a) to (c) have been made.

(4)If in respect of a person who has been a contributor to the Scheme—

(a)the Board discharges the liability imposed under the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 under section 7 of that Act; and

(b)benefits become payable under Part 3 to or in respect of that person; and

(c)the person's surcharge debt account is in debit when those benefits become so payable—

then, despite anything in any Act or in any trust instrument, contract or other document, the Board may reduce those benefits by an amount determined in writing that, in the Board's opinion on the advice of an actuary, would be fair and reasonable having regard to the matters specified in subsection (5).

(5)In making the determination, the Board must have regard to the following—

(a)the amount by which the person's surcharge debt account is in debit when those benefits become payable;

(b)the value of the employer-financed component of those benefits;

(c)the value of the benefits that, for the purpose of working out (under the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997) the surchargeable contributions reported for the person, were assumed to be likely to be payable to the person on his or her ceasing to be a contributor to the Scheme;

(d)whether the person has or had qualified for his or her maximum benefit entitlement under this Act;

(e)any other matter that the Board considers relevant.

(6)The amount determined under subsection (4) by the Board must not be more than 15 per cent of the employer-financed component of that part of the benefits payable to the person that accrued after 20 August 1996.

(7)For the purposes of subsection (4), if the benefit is in the form of a pension entitlement, the deduction is to be made by the Board commuting the person's pension entitlement to the extent determined by an actuary appointed by the Board to be necessary to meet the amount determined under subsection (4).

(8)The exercise of the power of commutation under subsection (7) does not affect the exercise of any other commutation rights under this Act.

25CCommutation of pension to meet surcharge liability

(1)The power of commutation under this section applies if—

(a)a person is receiving a pension under this Act; and

(b)the person receives a notice of surcharge assessment on contributions made in respect of the person when he or she was a contributor from the Australian Taxation Office for which he or she is personally liable; and

(c)the person makes an election in accordance with subsection (2).

(2)The election must—

(a)be made within the period of 3 months after the day on which the assessment is made; and

(b)be made in a manner approved by the Board; and

(c)authorise the Board to pay on the person's behalf the amount of the surcharge assessment directly to the Australian Taxation Office.

(3)The Board must commute the person's pension to the extent determined by an actuary appointed by the Board to be necessary to pay the amount of the surcharge assessment.

(4)The Board must advise the person in writing as to the actuary's determination.

(5)The exercise of the power of commutation under this section does not affect the exercise of any other commutation rights under this Act.

26Assignment or charging of interest

(1)Subject to subsection (2) and subsection (3), an interest of a member or beneficiary in a benefit under this Act—

(a)must not be in any way assigned, charged, attached or passed by operation of law to any other person; and

(b)is not an asset for the payment of any debt or liability.

(2)Subsection (1) does not apply to or in respect of any assignment, charge, payment or transfer permitted expressly or by necessary implication by this Act.

(3)If on the death of a member or contributor the Board is satisfied that there is no personal representative, the Board may pay any money payable to the member or contributor or to his or her estate to a person the Board considers appropriate in the circumstances.

(4)For the purposes of subsection (3), personal representative has the same meaning as it has in section 5(1) of the Administration and Probate Act 1958.

26AEarly release of benefits

(1)The Board may approve the early release of part or all of the vested benefit of a contributor, former contributor, member or beneficiary in accordance with the specified standards.

(2)The Board must determine—

(a)the amount of the vested benefit to be released; and

(b)the method of payment of that amount; and

(c)the reduction to be made to the vested benefit—

in accordance with the specified standards.

27Money owing to the Scheme

(1)The Board may recover any amount of money owing to the Scheme by a member, contributor, beneficiary, participating employer or any other person together with interest on that amount in accordance with subsection (2)—

(a)if any amount is or becomes payable from the Scheme to that member, contributor, beneficiary, participating employer or other person by the Board deducting it from that amount; or

(b)in any other case as a debt in any court of competent jurisdiction.

(2)Interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 is payable on any amount owing to the Scheme calculated from the date on which the amount becomes due until the date on which the amount is paid or otherwise under subsection (1).

27AUnpaid lump sum benefits

If any lump sum benefit is not paid on the date on which a contributor becomes entitled to the lump sum benefit, the unpaid benefit is deemed to yield net earnings at a net earning rate as the Board in its discretion considers appropriate in the circumstances at that time from the date on which the contributor became entitled to the lump sum benefit until the date on which the lump sum benefit is paid or transferred to an account established under this Act at the request of the contributor.

28Minors

A minor has the same capacity as a person of full age to do anything for the purposes of this Act.

28APayment of benefits if person is incapable of managing financial affairs

(1)The Board may determine that a person who would ordinarily be entitled to receive benefits is incapable of managing his or her financial affairs.

(2)A determination under subsection (1) may be made by reason of any restriction or lack of capability of the person resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function.

(3)If the Board makes a determination under subsection (1), the Board may cause that person's benefits or any part of that person's benefits to be paid to—

(a)the person's guardian or administrator; or

(b)if there is no guardian or administrator, a person nominated by the Board for the benefit of that person and any or all of his or her dependants—

until the Board determines that the person is capable of managing his or her financial affairs.

29Board may require information

(1)The Board may require—

(a)any employer to provide any returns and information relating to any contributor, including the name, sex, date of birth, date of appointment, date of commencement of duty, hours of duty and changes in hours of duty, rate of salary and changes in the rate of salary, and tax file number, of that contributor and to provide the returns and information within the times and in the form specified by the Board; or

(b)any employee or pensioner or the partner or child of any deceased employee or pensioner to furnish the returns and information (including the tax file number of the employee or pensioner) the Board requires within the times specified by the Board for the purposes of this Act; or

(c)a person claiming to be entitled to benefits to produce any document or provide any information it thinks necessary within the times specified by the Board before it pays the whole or part of those benefits.

(2)A person who, without reasonable excuse, does not provide any of the returns, information or documents required to the Board within the times specified by the Board is liable to a penalty of not more than 10 penalty units.

(3)The Board may at any time require—

(a)a participating employer to furnish any returns and information (including tax file numbers) with respect to any person as the Board may require for the purpose of the ESSPLAN Scheme; and

(b)any person entitled or claiming to be entitled to a benefit to furnish any returns and information (including the report of any registered medical practitioner) as the Board may require for the purposes of the ESSPLAN Scheme.

(4)Subject to the Freedom of Information Act 1982, the Board must not disclose other than with the written consent of the member to any person except a court or the person to whom the report relates, information contained in the report of a registered medical practitioner given to the Board under subsection (3)(b).

(5)Despite any Act or rule of law or practice to the contrary, the Board is not prevented on the ground of medical professional privilege from producing in any legal proceedings any report referred to in subsection (4).

29ASpecified standards

(1)The Governor in Council may by Order in Council—

(a)specify standards and conditions for the preservation of specified employer and member contributions and benefits; and

(b)specify the method, manner and form in which preserved contributions may be paid as a benefit; and

(ba)specify standards (including conditions) in respect of the acceptance by the Board of—

(i)contributions made by, or in respect of, a member, eligible spouse or beneficiary; or

(ii)any amount rolled over, transferred or allotted from within the superannuation system; and

(c)specify maximum fees and charges which the Board may impose on specified types of benefits; and

(ca)specify processes and requirements in respect of the administration and operation of Part 4A; and

(cb)specify the benefits and entitlements of non-members spouses under Part 4A; and

(d)specify the circumstances (other than death, disability or ill health) in which an application for an early release of benefits may be made; and

(e)specify the benefits in respect of which an application for an early release may be made; and

(f)specify the method, manner and form in which benefits which are the subject of an application for an early release of benefits may be paid.

(2)An Order in Council made under this section—

(a)must be published in the Government Gazette;

(b)takes effect on and from the date on which it is published or any later date of commencement as may be specified in the Order in Council;

(c)may apply, adopt or incorporate (with or without modification) the provisions of any document, code, standard, rule, specification or method whether as formulated, issued, prescribed or published at the time the Order in Council is made.

(3)Any Order in Council made before the enactment of the Superannuation Acts (Family Law) Act 2003 has force and effect as if it had been made under this section as amended by section 7(1) of that Act.

PART 7—REGULATIONS

*                *                *                *                *

*                *                *                *                *

31Regulations generally

(1)The Governor in Council may, on the recommendation of the Board, make regulations prescribing all matters required or permitted or necessary to be prescribed.

*                *                *                *                *

(3)Regulations made under this Act may be disallowed in whole or in part by resolution of either House of Parliament.

*                *                *                *                *

32Regulations under this Act

Regulations made under this Act—

(a)may be of general or limited application; and

(b)may differ according to differences in time, place or circumstance; and

(c)may impose penalties not exceeding five penalty units for a contravention of or an offence under the regulations; and

(d)may apply, adopt or incorporate (with or without modification)—

(i)the provisions of any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether as formulated, issued, prescribed or published at the time the regulations are made, or at any time before then; or

(ii)the provisions of any Act of the Commonwealth or of another State or of a Territory or any matter contained in an Index published by the Commonwealth Statistician or the provisions of any subordinate instrument under any such Act, whether wholly or partially or as amended by the regulations or as in force or published at a particular time or from time to time; and

(e)may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Board; and

(f)may confer powers or impose duties in connection with the regulations of the Board.

PART 8—TRANSITIONAL PROVISIONS

33Victoria Police Act 2013

The amendments to this Act made by item 54 of the Schedule to the Victoria Police Amendment (Consequential and Other Matters) Act 2014 do not affect the ongoing application of this Act to a person who was—

(a)an officer or other member of the police force of Victoria; or

(b)a police recruit; or

(c)a protective services officer; or

(d)a returning member—

before the commencement of that item.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 18 November 1986

Legislative Council: 3 December 1986

The long title for the Bill for this Act was "A Bill to establish an Emergency Services Superannuation Board and Scheme, to amend the Superannuation Act 1958, the Hospitals Superannuation Act 1965 and the Metropolitan Fire Brigades Superannuation Act 1976 and for other purposes.".

The Emergency Services Superannuation Act 1986 was assented to on 16 December 1986 and came into operation on 1 January 1987: section 2.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Emergency Services Superannuation Act 1986 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Hospitals Superannuation Act 1988, No. 21/1988

Assent Date:	17.5.88
Commencement Date:	1.7.88: Government Gazette 18.5.88 p. 1273
CurrentState:	All of Act in operation

State Superannuation Act 1988, No. 50/1988

Assent Date:	24.5.88
Commencement Date:	S. 93(2)(Sch. 2 item 15) on 1.7.88: Government Gazette 1.6.88 p. 1487
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Acts (Amendment) Act 1988, No. 81/1988

Assent Date:	20.12.88
Commencement Date:	Ss 3, 4 on 20.12.88: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Acts (Miscellaneous Amendments) Act 1990, No. 72/1990

Assent Date:	4.12.90
Commencement Date:	S. 17 on 20.12.88: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Emergency Services Superannuation (MFBSF Transfer) Act 1991, No. 64/1991

Assent Date:	19.11.91
Commencement Date:	All of Act (except ss 7–9) on 20.11.91: Government Gazette 20.11.91 p. 3146; s. 7 on 1.1.92: s. 2(2); s. 8 on 1.7.91: s. 2(3); s. 9 on 9.9.92: Government Gazette 9.9.92 p. 2634
CurrentState:	All of Act in operation

Superannuation (Occupational Superannuation Standards) Act 1992, No. 49/1992

Assent Date:	30.6.92
Commencement Date:	All of Act on 30.6.92: Special Gazette (No. 31) 30.6.92 p. 2
CurrentState:	All of Act in operation

Emergency Services Superannuation (Special Payments) Act 1993, No. 53/1993

Assent Date:	8.6.93
Commencement Date:	1.7.93: s. 2
CurrentState:	All of Act in operation

Superannuation (Compliance) Act 1993, No. 54/1993

Assent Date:	8.6.93
Commencement Date:	S. 3 on 1.7.92: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Public Sector Superannuation (Administration) Act 1993, No. 110/1993

Assent Date:	30.11.93
Commencement Date:	Ss 138, 141, 142, 147 on 1.1.94: s. 2(6); ss 139, 140, 143–146 on 30.11.93: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Medical Practice Act 1994, No. 23/1994

Assent Date:	17.5.94
Commencement Date:	Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672
CurrentState:	All of Act in operation

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date:	31.5.94
Commencement Date:	S. 4(Sch. 2 item 28) on 1.1.95: Government Gazette 28.7.94 p. 2055
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Acts (Amendment) Act 1994, No. 58/1994

Assent Date:	15.6.94
Commencement Date:	S. 4 on 30.11.93: s. 2(2); ss 7, 8, 10 on 1.1.94: s. 2(3); rest of Act on 15.6.94: s. 2(1)
CurrentState:	All of Act in operation

Superannuation Acts (Further Amendment) Act 1994, No. 120/1994

Assent Date:	20.12.94
Commencement Date:	Ss 3, 4 on 1.7.94: s. 2(7); s. 5 on 20.12.94: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Acts (Miscellaneous Amendments) Act 1995, No. 102/1995

Assent Date:	5.12.95
Commencement Date:	S. 28 on 1.7.95: s. 2(2); s. 30 on 1.11.95: s. 2(3); ss 14, 15, 26, 27 on 12.2.96: s. 2(4); rest of Act on 5.12.95: s. 2(1)
CurrentState:	All of Act in operation

Superannuation Acts (Amendment) Act 1996, No. 4/1996

Assent Date:	18.6.96
Commencement Date:	Ss 3, 9, 10 on 1.5.96: s. 2(10); ss 5–7 on 18.6.96: s. 2(1); ss 4, 11 on 30.6.96: s. 2(12); s. 8 on 1.8.96: s. 2(13)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Acts (Further Amendment) Act 1996, No. 82/1996

Assent Date:	23.12.96
Commencement Date:	Ss 6–20 on 1.1.97: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Acts (Miscellaneous Amendment) Act 1997, No. 50/1997

Assent Date:	11.6.97
Commencement Date:	S. 18(1) on 11.6.97: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Ambulance Services (Amendment) Act 1998, No. 38/1998

Assent Date:	26.5.98
Commencement Date:	S. 15 on 1.12.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998

Assent Date:	26.5.98
Commencement Date:	S. 42(1) on 18.4.98: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 25) on 1.7.98: Government Gazette 18.6.98 p. 1215
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Acts (Amendment) Act 1998, No. 84/1998

Assent Date:	17.11.98
Commencement Date:	Ss 3–15 on 17.11.98: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Acts (Further Amendment) Act 1999, No. 13/1999

Assent Date:	11.5.99
Commencement Date:	Ss 3, 4 on 11.5.99: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Acts (Amendment) Act 2000, No. 29/2000

Assent Date:	30.5.00
Commencement Date:	Ss 3–6 on 31.5.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000

Assent Date:	21.11.00
Commencement Date:	S. 50 on 1.1.01: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Acts (Beneficiary Choice) Act 2000, No. 95/2000

Assent Date:	5.12.00
Commencement Date:	Ss 8, 9 on 6.12.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Statute Law Amendment (Relationships) Act 2001, No. 27/2001

Assent Date:	12.6.01
Commencement Date:	S. 5(Sch. 3 item 2) on 23.8.01: Government Gazette 23.8.01 p. 1927
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Acts (Family Law) Act 2003, No. 70/2003

Assent Date:	14.10.03
Commencement Date:	S. 7(1) on 30.6.96: s. 2(2); ss 3–6, 7(2)(3) on 15.10.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Treasury and Finance Legislation (Amendment) Act 2004, No. 40/2004

Assent Date:	8.6.04
Commencement Date:	Ss 16, 17 on 9.6.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Emergency Services Superannuation (Amendment) Act 2005, No. 32/2005

Assent Date:	21.6.05
Commencement Date:	22.6.05: s. 2
CurrentState:	All of Act in operation

Superannuation Legislation (Governance Reform) Act 2005, No. 94/2005

Assent Date:	29.11.05
Commencement Date:	Ss 3–20 on 1.12.05: s. 2
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Health Professions Registration Act 2005, No. 97/2005

Assent Date:	7.12.05
Commencement Date:	S. 182(Sch. 4 item 18) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Accident Compensation and Other Legislation (Amendment) Act 2006, No. 41/2006

Assent Date:	25.7.06
Commencement Date:	S. 28 on 26.7.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Legislation Amendment (Contribution Splitting and Other Matters) Act 2007, No. 37/2007

Assent Date:	14.8.07
Commencement Date:	Ss 3–16 on 15.8.07: s. 2
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 19) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Legislation Amendment Act 2008, No. 43/2008

Assent Date:	26.8.08
Commencement Date:	Ss 3–20 on 27.8.08: s. 2
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Compensation and Superannuation Legislation Amendment Act 2008,
No. 65/2008

Assent Date:	18.11.08
Commencement Date:	S. 11 on 19.11.08: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009

Assent Date:	10.2.09
Commencement Date:	S. 37(Sch. 1 item 12) on 1.12.09: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Legislation Amendment Act 2009, No. 38/2009

Assent Date:	30.6.09
Commencement Date:	Ss 6, 11–16 on 1.7.09: s. 2(1); ss 3–5, 7–10 on 1.7.10: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 21) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Legislation Amendment Act 2010, No. 40/2010

Assent Date:	30.6.10
Commencement Date:	Ss 3–15 on 1.7.10: Government Gazette 1.7.10 p. 1359
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Subordinate Legislation Amendment Act 2010, No. 78/2010

Assent Date:	19.10.10
Commencement Date:	S. 24(Sch. 1 item 12) on 1.1.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Legislation Amendment Act 2013, No. 61/2013

Assent Date:	22.10.13
Commencement Date:	Ss 12–14 on 1.4.14: Special Gazette (No. 65) 4.3.14 p. 1; ss 3–11 on 1.7.14: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:	12.11.13
Commencement Date:	S. 649(Sch. 9 item 15) on 1.7.14: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 (as amended by No. 21/2015)

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 54) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Assent Date:	27.6.14
Commencement Date:	S. 3 on 28.6.14: s. 2(1); s. 33(Sch. item 10) on 30.6.14: s. 2(5)
Current State:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Treasury and Finance Legislation Amendment Act 2018, No. 49/2018

Assent Date:	25.9.18
Commencement Date:	S. 43 on 26.9.18: s. 2
Current State:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, No. 5/2019

Assent Date:	19.3.19
Commencement Date:	S. 81(1) on 16.9.19: s. 2(4)
Current State:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019

Assent Date:	2.7.19
Commencement Date:	Ss 168, 169 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1
Current State:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Superannuation Legislation Amendment Act 2019, No. 36/2019

Assent Date:	22.10.19
Commencement Date:	S. 4(5) on 1.7.19: s. 2(2); ss 3, 4(1)−(4), 5–12 on 23.10.19: s. 2(1)
Current State:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

Triple Zero Victoria Act 2023, No. 32/2023

Assent Date:	8.11.23
Commencement Date:	S. 99 on 15.12.23: Special Gazette (No. 670) 12.12.23 p. 1
Current State:	This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 17: Section 40(3) of the Superannuation Acts (Amendment) Act 1988, No. 81/1988 reads as follows:

40Amendment to the Borrowing and Investment Powers Act 1987

(3)Section 17 of the Emergency Services Superannuation Act 1986 as in force immediately before the commencement of section 4(2), continues to apply to or in respect of the investment of money or exercise of powers made before the commencement of section 4(2) as if section 4(2) had not been enacted.