Port of Melbourne Authority (Superannuation) (Amendment) Regulations 1997 (Vic)

Port of Melbourne Authority (Superannuation)

(Amendment) Regulations 1997

S.R. No. 52/1997

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	2
3.	Principal Regulations	2
4.	Amendment of regulation 6	2
5.	Amendment of regulation 7B	3
6.	Amendment of regulation 7I	3
7.	Amendment of regulations 9 and 31	3
8.	Amendment of regulation 19	3
9.	Amendment of regulation 23	4
10.	Amendment of regulation 24	4
11.	Amendment of regulation 25	5
12.	Revocation of regulation 26	5
13.	Amendment of regulation 28	5
14.	Revocation of regulation 29	6
15.	Revocation of regulation 44	6

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NOTES 7

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STATUTORY RULES 1997

S.R. No. 52/1997

Port of Melbourne Authority Act 1958

Port of Melbourne Authority (Superannuation)

(Amendment) Regulations 1997

The Governor in Council approves the making of the
following Regulations by the Port of Melbourne Authority:
Dated: 17 June 1997
Responsible Minister:

ROGER HALLAM Minister for Finance

SHARNE BRYAN

Clerk of the Executive Council

The Port of Melbourne Authority makes the following affixed to these Regulations on that date in the presence of

Regulations:
Dated: 20 June 1997

Authorised Officer:	GRAHAM BROOKE
Authorised Officer:	Administrator and the sole board member Port of Melbourne Authority

1. Objective

The objective of these Regulations is to make amendments to the Principal Regulations to—

(a) update regulations to comply with State and Federal anti-discriminatory law in relation to a spouse;

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(b) insert the standard definition of "child";

(c)	replace the name of the State Superannuation Board with the Victorian Superannuation Board, which is the successor in law to the State Superannuation Board;
(d)

revoke redundant regulations relating to standards;

(e) revoke a redundant regulation in relation to the imprisonment of a pensioner.

2. Authorising provision

These Regulations are made under sections 36 and
136 of the Port of Melbourne Authority Act

1958.

3. Principal Regulations

In these Regulations the Port of Melbourne
Authority (Superannuation) Regulations 19891 are

referred to as the Principal Regulations.

4. Amendment of regulation 6

(1) In regulation 6(1) of the Principal Regulations,

after the definition of "Actuary", insert—

' "child" in relation to a contributor or pensioner

means a child of himself or herself or of his
or her spouse other than any child born more
than 10 months after his or her 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 Trustee is a full- time student.'.

(2) In regulation 6(1) of the Principal Regulations, for

the definition of "spouse", substitute—

Port of Melbourne Authority (Superannuation) (Amendment)

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' "spouse" means in relation to a person—

(a)	that person's husband, wife, widower or widow; or
(b)	a person of the opposite sex who, though not legally married to the first mentioned person, in the opinion of the Trustee lives or lived with the first mentioned person as at the relevant date (being, in the case of a deceased person, the date of death) on a bona fide domestic basis as the husband or wife of the first mentioned person.'.

5. Amendment of regulation 7B

Regulation 7B(1)(d) of the Principal Regulations is revoked.

6. Amendment of regulation 7I

Regulation 7I of the Principal Regulations is revoked.

7. Amendment of regulations 9 and 31

In regulations 9(2)(a) and 31(2) of the Principal Regulations, for "State Superannuation Board" substitute "Victorian Superannuation Board".

8. Amendment of regulation 19

(1) In regulation 19(4) of the Principal Regulations,

omit "or a dependent person".

(2) In regulation 19(5) of the Principal Regulations—

(a) for "marries" substitute "has a spouse";

(b) for "marriage" substitute "spouse and that person, born after becoming his or her spouse".

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9. Amendment of regulation 23

(1) Regulation 23(2)(a) of the Principal Regulations is

revoked.

(2) In regulation 23(2)(b) of the Principal

Regulations, omit "or as a dependent person".

10. Amendment of regulation 24

(1) Regulation 24(2)(a) of the Principal Regulations is

revoked.

(2) In regulation 24(2)(b) of the Principal

Regulations, omit "or as a dependent person".

(3) After regulation 24(2) of the Principal

Regulations, insert—

"(2A) Despite anything to the contrary in these

Regulations, only one pension is payable in the case of the death of a deceased contributor or pensioner to a spouse and if after the Trustee has made reasonable enquiries more than one person should appear to the Trustee to qualify for that pension then—

(a)	if the contributor or pensioner has by request in writing to the Board directed that the pension be paid wholly to one of the persons qualified to receive it or that each is to be paid part, the Trustee must give effect to the expressed intentions;
(b)	if paragraph (a) does not apply, the Trustee must in its absolute discretion determine which of the persons who qualifies is to receive the pension or apportion it between them as the Trustee considers appropriate.".

(4) In regulation 24(3) of the Principal Regulations—

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(a) for "marries" substitute "has a spouse";

(b)	omit "of that marriage", where first occurring;
(c)	for "the pensioner was at the time of the marriage" substitute "at the time that the person became the pensioner's spouse, the pensioner was";
(d)	for "the marriage took place" substitute "the person became the pensioner's spouse".

(5) In regulation 24(4) of the Principal Regulations,

for "of the marriage" substitute "the person
became the pensioner's spouse".

(6) In regulation 24(5) of the Principal Regulations, for "marries the pensioner" substitute "becomes the pensioner's spouse".

(7) Regulation 24(6) of the Principal Regulations is

revoked.

11. Amendment of regulation 25

(1) For regulation 25(1) of the Principal Regulations,

substitute—

"(1) If a benefit is not payable to a spouse of a

revised scheme contributor the pension for
each child of the revised scheme contributor
will be at the rate applicable under sub-
regulation (2) or at the rate of $624

whichever is the greater.".

(2) In regulation 25(3) of the Principal Regulations,

for "23, 24 or 26" substitute "23 or 24".

12. Revocation of regulation 26

Regulation 26 of the Principal Regulations is revoked.

13. Amendment of regulation 28

Port of Melbourne Authority (Superannuation) (Amendment)

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For regulation 28(1) of the Principal Regulations,
substitute—
"(1) A person who is entitled to a pension as the

spouse of a revised scheme contributor or former revised scheme contributor may—

(a)	within 6 months of attaining the age of 55 years; or
(b)	immediately after the death of the

within the period of 6 months revised scheme contributor—

elect in writing to commute up to 100 per cent of his or her pension entitlement to a lump sum payment as determined by

multiplying the annual pension entitlement
by the appropriate factor for age in Schedule

3.".

14. Revocation of regulation 29

Regulation 29 of the Principal Regulations is revoked.

15. Revocation of regulation 44

Regulation 44 of the Principal Regulations is revoked.

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Port of Melbourne Authority (Superannuation) (Amendment)

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NOTES

1 S.R. No. 90/1989 as amended by S.R. Nos 261/1991, 214/1992 and

155/1993 and Act No. 82/1996.