State Employees Retirement Benefits Act 1979 (Vic)

Version No. 084

State Employees Retirement Benefits Act 1979

No. 9363 of 1979

Version incorporating amendments as at

23 October 2019

table of provisions

Section  Page

Part 1—Preliminary

1Short title

2Definitions

2ADeclaration of eligible salary sacrifice contributors

Part III—Contributions

20Part-time and intermittent service

21Permanent employees to be members and contributors

21AProvision as to continuity of membership

21BProvision preventing re-calculation of benefits in certain cases

21CReduction of qualifying period for becoming a permanent employee

22Circumstances in which a member will cease to be a contributor

22AMembers of approved superannuation schemes

23Rate of contributions

24Contributions deducted from salary

24AEligible member account

25Payments to the Board

25ABoard to certify amount where employer fails to pay

25BInterest on monies owing to Board

Part IV—Pensions and benefits

26Definition of minimum wage

27Member to furnish personal statement to Board and to undergo medical examination

32Submission of information and medical examination

33Entitlement to benefits

34Retrenchment

34AElection by retrenched member

34ABExempt officers

34BEmployer to pay into Fund

34CInterest on money payable by employer

35Resignation

36Resignation on grounds of disability

37Resignation benefits

38Deferred retirement benefits

39Amount of lump sum and pension on retirement

40Calculation of benefit where less than 42 years employment

41Retirement between the ages of 60 and 65 years

41APensioner may apply for reduced pension and lump sum payment

42Conversion of part of pension entitlement to lump sum payment entitlement

43Automatic adjustment of pensions

43APrescribed rate

43BRegistration of names of adult children

44Benefits for partner, children and adult children on death of member before retirement

45Benefits for partner, children and adult children on death of pensioner

46Board's discretion to determine qualifying partners

47Pension to child or adult child if no surviving partner

48Payments for children and adult children where partner dies

49Pension payable for life except in certain cases

50Pensions payable fortnightly

51Where pensioner re-employed by Crown pension may be reduced

51AEntitlement to pension

52Definition of partial disability pensioner

53Disability benefits

54Board to make determination as to entitlement to disability benefits

55Disability benefit entitlements

56Board may review condition of recipient of disability benefits

57Payments at age 65 and on death before age 65 of a partial disability pensioner

58Increase of benefits

59Discontinuance of benefits

60Where Board determines pensioner able to undertake employment

60ADisability pensioner retiring due to ill health

62Recipient of disability benefits not to make contributions

63Board to receive medical report when determining question of disability

63ADisclosure of contents of medical reports

65Minimum benefits

65ACommutation of pension not exceeding declared rate

66Amount of gratuity to be deducted

Part IVA—Family law provisions

66AADefinitions

66ABAccrued benefit multiple

66ACObligation on Board

66ADReduction of benefit or accrued benefit entitlement

66AEBoard may provide additional information

66AFCommutation rights not affected

66AGCharging of fees

Part V—General

66APayment of benefits subject to specified standards

67Review of decisions of the Board

68Early release of benefits

68APermanent employees may be required to transfer etc. assets etc.

68BInformation to be supplied

68CTransfer of assets to Board

68DBoard to have power to deal with policies

68EBoard may pay administrator

68FBoard may open accounts etc.

68GMember to receive amount in account on ceasing to be employed

68HOn retirement balance of account additional to lump sum entitlement

69Power of Board to acquire information about contributors for purposes of administering the Act

69AContinued application of member classification provisions

70AAssignment or charging of interest

70BPayment of benefits if person is incapable of managing financial affairs

71Power to recover

72Regulations

73Specified standards

74CTaxation on benefits

74CASurcharge debt account

74CBRecovery of surcharge where person entitled to deferred benefit

74CCCommutation of pension to meet surcharge liability

74DPayment of lump sum benefits

75Transfer to State Superannuation Fund or Transport Superannuation Fund

76Provisions relating to certain water authorities

77Provision relating to change of employment

78Provisions relating to transfer of assets and liabilities

Schedule 1—Lump sum factors

Schedule 2

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 084

State Employees Retirement Benefits Act 1979

No. 9363 of 1979

Version incorporating amendments as at

23 October 2019

An Act to constitute a State Employees Retirement Benefits Board, to make Provision for the Administration by the Board of a State Employees Retirement Benefits Fund and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

Part 1—Preliminary

1Short title

This Act may be cited as the State Employees Retirement Benefits Act 1979.

2Definitions

(1)In this Act unless inconsistent with the context or subject-matter—

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

adjusted final salary means—

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

where—

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

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

(b)in relation to a member with 2 years or more of recognised service, an amount equal to one-half of the member's aggregate salary for the period of recognised service of 2 years ending on the member'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 member during that period of leave without pay, salary at the rate payable to the member immediately before the period of leave, or such higher salary as has been approved by the Board for the purposes of this section, but in no case shall the amount in relation to a person who was a member on 1 January 1994 be less than the member's salary on that date;

adult child has the same meaning as in section 43B(1);

Board means the Emergency Services Superannuation Board established under section 5 of the Emergency Services Superannuation Act 1986;

child in relation to a person means a child of himself or herself or of his or her partner 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 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;

contract officer means—

(a)an executive within the meaning of section 4(1) of the Public Administration Act 2004 employed under a contract of employment under that Act, other than an exempt officer; or

(b)any person who—

(i)is declared or deemed to be a contract officer; or

(ii)is a member of a class of persons declared or deemed to be contract officers—

by the Minister by instrument in writing for the purposes of this Act;

contributor means a member who is liable to make contributions under section 23;

disability, in relation to a member, means the permanent inability of the member before the age of 60 years due to a continuing or recurring injury, disease or infirmity—

(a)to perform his or her duties; and

(b)to 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 contribution means the Government co‑contribution payable under the Superannuation (Government Co‑contributions for Low Income Earners) Act 2003 of the Commonwealth that the Commissioner of Taxation determines under that Act is to be paid to the Fund or to the person;

eligible member means a member who is a person in respect of whom a Government co‑contribution is payable in accordance with section 6 of the Superannuation (Government Co-contributions for Low Income Earners) Act 2003 of the Commonwealth;

eligible member account means the account established under section 24A;

eligible salary sacrifice contributor means a member in respect of whom a declaration is in force under section 2A;

employeemeans[1]—

(a)any person in the service or employment of the Road Construction Authority other than—

(i)an officer within the meaning of the interpretation of Officer in section 3(1) of the State Superannuation Act 1988;

(ii)a person who declines or has declined to become an officer pursuant to that interpretation;

(b)any employee or person or class of employees or persons (other than Associates to Judges of the Supreme Court or Judges of the County Court) employed pursuant to the Public Administration Act 2004 other than—

(i)a person who is an officer within the meaning of the State Superannuation Act 1988; or

(ii)a member of a class of persons who are officers within the meaning of that Act;

(c)any person who is not an officer within the meaning of the State Superannuation Act 1988 who holds any office—

(i)under the Crown; or

(ii)as a member or of a class of persons who are members or in the service or employment of any body created by or under any Act of Parliament—

to which person or office or class of persons the Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette declares that the provisions of this Act shall apply;

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(e)any person who is not an officer within the meaning of the State Superannuation Act 1988 or any member of a class of persons who are not officers within the meaning of that Act in the service or employment of any body that the Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, declares to be a body to which this paragraph applies to which person or class of persons the Governor in Council on the recommendation of the Minister, by Order published in the Government Gazette declares that the provisions of this Act shall apply; or

(f)a person referred to in a preceding paragraph who as a result of a change of employment becomes a person referred to in—

(i)any other paragraph of this definition; or

(ii)any paragraph of the definition of officer in section 3(1) of the State Superannuation Act 1988; or

(iii)any paragraph of the definition of employee in section 3(1) of the Transport Superannuation Act 1988—

but does not include an exempt officer;

employer means any person or any public statutory body constituted under the law of the State of Victoria who employs under a contract of employment an employee under this Act and includes any person or body approved for the purposes of section 33(3);

exempt officer means—

(a)an executive within the meaning of section 4(1) of the Public Administration Act 2004 employed under a contract of employment under the Act during any period that a certificate in writing issued under section 7(5) of the Superannuation (Public Sector) Act 1992 by the employer to the Board is in force; or

(b)a contract officer whose employer advises the Board in writing that the contract of employment under which the contract officer is employed provides that the contract officer is an exempt officer for the purposes of this Act;

expense allowance means an allowance payable periodically which is designated as an expense allowance or an expense of office allowance or is in fact an allowance which is granted to an employee in respect of expenses which are normally and properly incurred by the employee in carrying out his or her duties;

Fund means the Scheme established under section 15 of the Emergency Services Superannuation Act 1986;

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ill health means a continuous or recurring impairment of the health of a member 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 member remains in his or her employment or returns to employment with the former employer; and

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

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

joining date means such day, not being a day earlier than the day the Order is made under this section, on which the provisions of this Act are expressed to apply to any officer, employee or person or class of officers, employees or persons by an Order;

Member includes contributor and former contributor;

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

pensioner means a person receiving or presently entitled to receive a pension under this Act;

permanent employee means an employee who has been in the employment of an employer for a period of twelve months or such lesser period as may be specified by the employer;

prescribed means prescribed by this Act or by regulations made under this Act;

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

resign means cease to be an employee before attaining the age of 55 years other than on account of disability, death or retrenchment;

RSA means a retirement savings account within the meaning of the Commonwealth Retirement Savings Accounts Act 1997;

salary means the annual rate, computed as determined by the Board on the basis of a year, of pecuniary emoluments payable periodically and regularly to an employee for the performance of the duties of his grade of employment as such employee but does not include a recreation leave allowance or an expense allowance or payments for overtime or in the form of bonuses, or for travelling allowances or for incidental expenses or payments of a temporary character;

servicemeans continuous service or employment as a permanent employee within the meaning of this Act and in relation to any qualifying period of service includes any service or employment on any permanent staff or in any office to which this Act relates in addition to service or employment as such a permanent employee;

specified standards means standards specified under section 73;

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 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, the surcharge debt account kept for that person (while he or she was a contributor) under section 74CA;

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 74CA in relation to the person;

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(2)A reference in this Act to periods of service or membership in years includes fractions for any completed months and days.

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

(a)in the case of a person referred to in paragraph (a) of the definition of contract officer, salary means the salary for superannuation purposes in accordance with section 12 of the Superannuation (Public Sector) Act 1992 and notified in writing by the employer to the Board; or

(b)subject to paragraph (c), in the case of a person referred to in paragraph (b) of the definition of contract officer, salary means the salary for superannuation purposes specified in that person's contract of employment and notified in writing by the employer to the Board; or

(c)if a person to whom paragraph (b) applies is a member of the Principal Class within the meaning of the Education and Training Reform Act 2006, the salary specified for the purposes of paragraph (b) must not exceed 82×3 percent of that person's remuneration package.

(4)For the purposes of the definition of salary in subsection (1), if a member's salary is reduced then, unless the officer agrees in writing that the reduced salary applies, salary means the greater of—

(a)the salary of the member immediately before the reduction; or

(b)the actual salary.

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(5A)A person cannot become a member on or after the commencement of section 72 of the Public Sector Superannuation (Administration) Act 1993.

(6)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.

(7)The definition of partner as substituted by section 46(1) of the Superannuation Legislation Amendment Act2010 applies in respect of the determination by the Board of an entitlement arising under this or any other Superannuation Act within the meaning of section 3(1) of the Emergency Services Superannuation Act 1986 on or after the commencement of the substituting section.

2ADeclaration of eligible salary sacrifice contributors

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

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

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

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Part III—Contributions

20Part-time and intermittent service

(1)Subject to this section and section 21, this Act shall apply to and include a permanent employee who is employed on a basis which requires him to render—

(a)part-time service of at least fifteen hours in each week; or

(b)intermittent service of an average of at least fifteen hours in each week—

and who during the qualifying period of service for that person becoming a permanent employee rendered—

(c)in the case of a qualifying period of one year or more, an average service of at least 780 hours in each year; and

(d)in the case of a qualifying period of less than one year, service of at least the number of hours that bears to 780 the same proportion as the length of the qualifying period bears to one year[4].

(2)Any such employee shall be liable to pay contributions under this Part at a rate that bears the same proportion to the rate at which an ordinary employee rendering comparable service would be required to make contributions as in the opinion of the Board the aggregate service that would be rendered by him in any year on the basis on which he is employed bears to the service that would be rendered in any year by an ordinary employee.

(3)For the purpose of calculating benefits under this Act—

(a)the salary payable to any such member at any time shall be deemed to be the salary which would be payable at that time to an ordinary employee rendering comparable service; and

(b)any period of contributory service or prospective contributory service of any such member during which he is not an ordinary employee shall be reduced proportionally according to the basis on which he is employed;

(c)prospective contributory service shall be calculated on the basis of the service of such member during the 3 years' service preceding the termination of his service or during that member's total service if that member's total service was less than 3 years.

(4)In this section ordinary employee means a permanent employee who is employed on a full-time basis throughout a year.

(5)A member who renders part-time or intermittent service shall not cease to be a member by reason only of his part-time or intermittent service being less than 15 hours in each week[5].

(6)Any period of service by a person prior to the date on which contributions become payable by that person during which that person was employed on a basis which required that person to render—

(a)part-time service of less than fifteen hours in each week; or

(b)intermittent service of an average of less than fifteen hours in each week—

or any period of service preceding such a period of service shall not be taken into account for the purposes of section 40(2).

21Permanent employees to be members and contributors

(1)This Part shall apply to or with respect to every permanent employee who—

(a)at the commencement of this Act or on the joining date was a permanent employee and who on or before 1 June 1980 or the day three months after the joining date (as the case requires) does not elect not to contribute in accordance with the provisions of this Act;

(b)becomes a permanent employee within a period of twelve months from the commencement of this Act or the joining date and who on or before a day three months from the day of becoming a permanent employee or on or before 1 June 1980 (whichever later occurs) does not elect not to contribute in accordance with the provisions of this Act;

(c)in the case of an employee within the meaning of paragraph (a), (b) or (c) of the interpretation of Employee in section 2, on or after 12 months after the commencement of this Act or the joining date becomes a permanent employee and has not at the time of becoming a permanent employee attained the age of 57 years;

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(d)after the commencement of this Act or the joining date becomes a permanent employee at age 57 years or more and who notifies the Board in writing within six months of becoming a permanent employee that he wishes to contribute in accordance with the provisions of this Act—

and such permanent employees shall be members of the Fund and shall be deemed to be contributors for the purposes of the Act.

(1A)The Board may upon application by a permanent employee and at its own discretion—

(a)extend the period of election for a person who at the commencement of this Act was a permanent employee for a period ending on a date specified by the Board, being a day not later than 1 April 1981;

(b)extend the period of election in respect of a person who becomes a permanent employee within a period of 12 months from the commencement of this Act for a period ending on a date specified by the Board, being a date not later than the day three months from the day of becoming a permanent employee or from 1 April 1981 (whichever last happens);

(c)extend any other period of election specified in subsection (1) for a period of not more than six months—

and, where a period of election is so extended, may refund any contributions paid by him in respect of the period commencing on the date of commencement of this Act or the date of his becoming a permanent employee (whichever last happens) and ending on the day on which the period of election as so extended expires.

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(2)Notwithstanding anything to the contrary in subsection (1), a permanent employee shall not, on or after the commencement of section 10(k)(ii) of the Superannuation Schemes Amendment Act 1985, become a member of the Fund if on the date on which the permanent employee became eligible to become a member of the Fund the permanent employee had attained the age of 75 years, unless otherwise permitted by Commonwealth superannuation law.

(2A)Notwithstanding anything to the contrary in subsection (1), a permanent employee who had elected not to contribute in accordance with the provisions of this Act and had subsequently ceased to be a permanent employee but who is employed again by an employer may elect, not later than one month after the date from which that permanent employee is required to commence paying contributions, not to contribute in accordance with the provisions of this Act.

(3)A person who was an employee with at least 12 months service who would have been a permanent employee at the commencement of the Act if his death or retirement had not occurred shall, where his death or retirement occurred on or after 1 January 1979 and before the commencement of the Act, be deemed to be a member as at the date of his death or retirement and to be a contributor who has contributed continuously under the Act during his completed years of continuous service and be entitled to benefits in accordance with the provisions of section 40(2).

(4)A permanent employee who has not made an election pursuant to paragraph (a) or (b) of subsection (1) and whose service terminates as a result of death or retirement during the period in which he may elect not to contribute pursuant to paragraph (a) or (b), shall be deemed to be a member and contributor at the date of such termination and be entitled to benefits in accordance with section 40(2).

21AProvision as to continuity of membership

(1)Where a member ceases to be a permanent employee but within six months thereafter becomes an employee, he shall, subject to subsection (3), be deemed to have again become a permanent employee on the date on which he is employed by the employer, and for the purpose of calculating benefits under this Act he shall be deemed to have commenced his service on that date.

(2)Notwithstanding anything in subsection (1), a permanent employee who is an employee within the meaning of one of the following provisions of this Act, namely—

(a)paragraph (b) of the interpretation of Employee in section 2;

(b)subparagraph (i) of paragraph (c) of the interpretation of Employee in section 2—

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and becomes an employee within the meaning of any other provision of this Act mentioned in paragraph (a) or (b) shall not cease to be a permanent employee by reason only of the change in the terms of his employment.

(3)Where a member ceases to be a permanent employee but within six months thereafter becomes an employee and makes an election in accordance with this section, he shall be deemed to have continued to be a member while he was not a permanent employee, but shall not be liable to pay the contributions under this Act in respect of the period when he was not a permanent employee unless he has elected to contribute in accordance with section 22, and for the purpose of calculating benefits under this Act his service shall be deemed not to have terminated.

(4)A person who has ceased to be a permanent employee but who within six months thereafter is employed by an employer may within two months elect in writing to have the provisions of subsection (3) apply to him.

(5)An election made under subsection (4) shall be of no effect unless any benefits paid under section 34A or section 37 in consequence of the cessation of employment of that person as a permanent employee have been repaid to the Board.

(6)Where a person makes an election in accordance with this section, and would but for the election have been entitled to benefits under section 38, he shall be deemed never to have so been entitled.

21BProvision preventing re-calculation of benefits in certain cases

Subject to section 21A(3), any benefits paid or payable under this Act in respect of a member shall not be increased by reason of the making of an Order in Council under section 2 relating to any employee or employees of the employer by whom or by which the member was employed unless the joining date preceded the date upon which the member became entitled to the benefits.

21CReduction of qualifying period for becoming a permanent employee

Notwithstanding anything in the interpretation of Permanent employee in section 2, where a person (not being a permanent employee) is an employee within the meaning of one of the following provisions of this Act, namely—

(a)paragraph (b) of the interpretation of Employee in section 2;

(b)subparagraph (i) of paragraph (c) of the interpretation of Employee in section 2—

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and immediately before he became such an employee he was an employee within the meaning of any other provision of this Act mentioned in paragraph (a) or (b) the qualifying period of service for his becoming a permanent employee shall be reduced by the continuous period during which he was employed in that former employment.

22Circumstances in which a member will cease to be a contributor

(1)A member shall continue to be a contributor so long as and only so long as—

(a)he is a permanent employee; and

(b)he has not attained the age of 75 years.

(1A)Despite subsection (1)(b), a member may continue to be a contributor after he or she attains the age of 75 years if he or she is permitted to do so under Commonwealth superannuation law.

(2)Notwithstanding anything in paragraph (a) of subsection (1) where a person who is a contributor ceases to be a permanent employee but—

(a)accepts no benefits in respect of his so ceasing to be employed;

(b)is within two months or within such further period as is fixed by the Board in a particular case, again a permanent employee; and

(c)in respect of the time he is not a permanent employee pays to the Board contributions at three and one-half times the rate at which his contributions were last required to be deducted from his salary—

he shall be deemed to have continued to be a contributor while not a permanent employee.

(3)Notwithstanding anything in paragraph (a) of subsection (1), where a person who is a contributor ceases to be a permanent employee but—

(a)accepts no benefits in respect of his ceasing to be an employee;

(b)within two months after he ceases to be employed or within any further period fixed by the Board in his case for the purposes of paragraph (b) of subsection (2), dies or becomes disabled; and

(c)between the time when he ceases to be employed and the time when he dies or becomes disabled, pays to the Board contributions at three and one-half times the rate at which his contributions were last required to be deducted from his salary—

shall be deemed to have continued to be a member until he died or became disabled.

22AMembers of approved superannuation schemes

(1)In this section scheme of superannuation has the same meaning as in Part V.

(2)The Governor in Council, on the recommendation of the Minister, may by Order published in the Government Gazette declare a scheme of superannuation to be an approved superannuation scheme for the purposes of this section.

(3)Notwithstanding anything to the contrary in this Act—

(a)a permanent employee who wishes to become a member of an approved superannuation scheme may elect to cease to contribute in accordance with the provisions of this Act and, subject to subsection (7), shall on the day prior to becoming a member of the approved superannuation scheme be deemed to have ceased to be a permanent employee for the purposes of this Act; or

(b)an employee who is a member of an approved superannuation scheme may within 3 months prior to becoming a permanent employee elect not to contribute in accordance with the provisions of this Act and, subject to subsection (7), shall thereupon be deemed to have ceased to be an employee for the purposes of this Act.

(4)A member ceasing to be a permanent employee pursuant to subsection (3)(a) may elect to be entitled to—

(a)deferred retirement benefits payable under section 38; or

(b)benefits payable under section 37; or

(c)the transfer of the benefits payable under section 37 in respect of the member to the administrators, trustees or managers of the approved superannuation scheme to be held for the member's benefit.

(5)An election made under subsection (4) shall be of no effect unless it is made in writing within three months of the member ceasing to be a permanent employee or within one month of the Board notifying the member in writing of the right to make the election (whichever is the later).

(6)If a member receives a notice under subsection (5) but fails to make an election within the period of election specified in that subsection the member shall be regarded as having elected to receive a benefit in accordance with subsection (4)(b).

(7)Notwithstanding anything to the contrary in this Act, a member of an approved superannuation scheme shall not be entitled to contribute in accordance with the provisions of this Act while remaining a member of the approved superannuation scheme but shall, subject to this Act, on ceasing to be a member of the approved superannuation scheme again become an employee or permanent employee for the purposes of this Act.

23Rate of contributions

(1)Subject to this section, the rate of contribution to the Fund by a contributor shall be three and one-half per centum of his salary when it does not exceed the minimum wage together with a sum equal to 0×05 per centum for each one per centum by which the weekly instalment of his salary exceeds the minimum wage.

(1A)A reference in subsection (1) to the salary of a contributor is a reference to—

(a)where the contributor was an employee on 1 March preceding the date on which he is liable to pay contributions—the salary payable to him as at that preceding 1 March; or

(b)where the contributor was not an employee on the preceding 1 March mentioned in paragraph (a)—the salary payable to him as at the date on which he became or becomes an employee.

(2)Subject to section 24, a contributor shall not be required to contribute at a rate exceeding five per centum of his salary to the Fund pursuant to subsection (1).

(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 (1) without salary sacrifice;

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

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

(a)can only be made if there is in force an agreement between the employer and the member 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 member in addition to the member contributions required under subsection (1).

(2C)Member contributions made in accordance with the rate determined under subsection (2A) are for the purposes of this Act (other than sections 74CA to 74CC) 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 member for the purposes of this Act.

(3)The contributions which any member is making shall not be reduced by reason only of any increase in the minimum wage.

(4)The liability to make contributions shall cease when a member ceases to be a permanent employee or reaches the age of 75 years (whichever first happens).

(4A)Despite subsection (4), a member may make contributions after he or she attains the age of 75 years if he or she is permitted to do so under Commonwealth superannuation law.

(5)Subject to subsection (6), the amount of contribution of the contributor shall be adjusted as at 1 March each year based on his salary as at that date and his contributions so adjusted shall be payable as from and inclusive of the first pay day on or after 1 May next following.

(6)Subject to subsection (7), where a contributor receives a reduced salary indefinitely or for a period of more than three months and the amount of contribution which he is required to pay becomes less than the amount of contribution that he was required to pay immediately before the reduction, he shall pay the lesser amount of contribution.

(7)If for any reason other than misconduct a contributor receives a reduced salary indefinitely and the amount of contribution that the contributor is required to pay becomes less than the amount of contribution that the contributor was required to pay immediately before the reduction in salary, the contributor may, within 3 months after the first pay day on which the contributor is paid at the reduced rate of salary, elect to continue to contribute the same amount of contribution that the contributor was required to pay immediately before the reduction in salary until by reason of an increase in the contributor's salary the contributor is required to pay more than that amount of contribution and the amount of any pension or benefit to which the contributor is entitled under this Act shall be computed having regard to the salary level according to which the contributor is contributing.

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24Contributions deducted from salary

(1)The contributions of a member shall be deducted from his salary at each payment of salaries, and paid, without deduction for any purpose to the Board.

(2)The contributions of a permanent employee shall (except as otherwise provided in this Act) be payable on and from the first pay day after the commencement of his employment as a permanent employee or, where he becomes a permanent employee on a pay day, on and from that pay day.

(3)The contributions of a permanent employee who is a permanent employee at the commencement of the Act shall be payable on and from the first pay day on or after 1 July 1980 and the contributions of a permanent employee who is a permanent employee at a joining date shall be payable on and from the date four months after the joining date.

(4)The contributions of a permanent employee who becomes a member pursuant to section 21(1)(b) shall be payable on and from the first pay day occurring 4 months after the permanent employee becomes a permanent employee.

(4A)Where any arrears in the contributions of a member come to the notice of the Board and it appears to the Board that the arrears are due solely to the failure of the member's employer to comply with subsection (1), the Board shall send a notice to the member requiring that he make an election under subsection (4B).

(4B)Upon receipt by a member of a notice sent under subsection (4A), he shall within 30 days notify the Board that he elects to pay the whole or a part or none of the arrears.

(4C)A member who fails to comply with subsection (4B) shall be regarded as having elected to pay none of the arrears.

(4D)Upon the making of an election under subsection (4B) the period of service in respect of which arrears are paid shall be taken into account as contributory service for the purpose of calculating benefits.

(4E)Where a member elects under subsection (4B) to pay the whole or a part of the arrears the Board may permit the arrears to be paid by him in such instalments and at such intervals as the Board approves taking into account the member's circumstances.

(5)Subject to subsection (6), a member who is absent on leave without pay on account of ill-health certified by a medical officer of the Board or with reduced pay shall pay his contributions during or in respect of the period of leave, as for a period of service, without reduction, but the Board may, on his application, permit the contributions falling due during his absence to be paid by him in such smaller sums, and at such periods, as the Board approves.

(5A)A member who is absent without pay on account of parental leave for a period of up to 12 months for each confinement is not required to pay contributions during or in respect of that period of leave.

(6)A member who is absent on leave without pay, otherwise than on account of ill-health certified by a medical officer of the Board or parental leave for a period of up to 12 months for each confinement, may in respect of the period of the leave elect—

(a)to pay no contributions under this Act;

(b)to pay contributions at half the rate of the contributions which would be payable by the member if he had not taken the leave and had continued to work at the salary payable to him on the date at which the leave commences or at such other rate as is first determined by an actuary after the commencement of section 95(b) of the Superannuation Acts (Amendment) Act 1996 and thereafter during an actuarial investigation under section 18 and which is specified in the actuary's report; or

(c)to pay contributions at three and one-half times the rate of contributions which would be payable by him if he had not taken the leave and had continued to work at the salary payable to him on the date on which the leave commences.

(6A)An election under subsection (6) is of no effect unless—

(a)it is made in writing; and

(b)it is made not later than one month from the date on which the leave commences; and

(c)it is accompanied by a sum equivalent to the total of all contributions payable throughout the period of the leave in accordance with the election, but the Board may on the application of that person permit the contributions payable in accordance with the election during his absence to be paid by him in such smaller sums and at such periods as the Board determines.

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(6B)An election under subsection (6) shall be deemed to have taken effect on the date on which the leave commences.

(6C)A member who is absent on leave without pay, otherwise than on account of ill-health or parental leave for a period of up to 12 months for each confinement, and who does not before the expiration of one month from the date on which the leave commences make an election under subsection (6) shall for the purposes of this Act be regarded as having made an election under paragraph (a) of that subsection.

(6D)Where a person who makes or is deemed to have made an election under paragraph (a) of subsection (6) dies or becomes disabled more than one month after the leave commences but before the end of the leave, and the death or disability is not a death or disability to which subsection (6E) applies, benefits shall be payable under this Act to the persons who would but for the taking of the leave have been entitled to benefits on the death or disablement of the member and the benefits shall be calculated as though the member had voluntarily resigned from his employment on the date of his death or disablement.

(6E)Where—

(a)a person makes or is deemed to have made an election under paragraph (a) of subsection (6) and more than one month after the leave commences but before the end of the period for which he was granted leave retires on the ground of disability or dies;

(b)the person applies for a benefit under this Act in consequence of his retirement on the ground of disability or the persons who would but for the taking of the leave have been entitled to benefits on the member's death apply for benefits under this Act in consequence of his death; and

(c)the Board considers that the major cause of his disability or death is an impairment which originated before the taking of the leave or during the period of one month after the date on which the leave commences—

benefits shall be payable to the person or persons under this Act in respect of the member's death or retirement on the ground of disability and, subject to section 55(6), the benefits shall be calculated as though the death or retirement of the member took place on the day the member commenced leave without pay.

(6F)Where a member makes an election under paragraph (b) of subsection (6) he shall have the same entitlements to benefits under this Act as he would have had if he had paid contributions at the rate which would have been payable by him if he had not taken the leave and had continued to work at the salary payable to him on the date on which the leave commences, but for the purpose of calculating those benefits the period of the leave shall not be taken into account when calculating the total period of his service.

(6G)Where a member makes an election under paragraph (c) of subsection (6), the period of the leave shall be taken into account when determining the period of the member's service for the purpose of calculating benefits under this Act.

(6H)If a member who has made an election under subsection (6)(b) resigns—

(a)during the period of leave; or

(b)before the expiration of 12 months after returning to duty from the leave of absence—

the contributions paid by the member in consequence of the election shall be disregarded in determining any amount refundable to the member under section 37.

(6J)If a member who has made an election under subsection (6)(c) resigns—

(a)during the period of leave; or

(b)before the expiration of 12 months after returning to duty from the leave of absence—

one-seventh of the contributions paid by the member in consequence of the election shall be disregarded in determining any amount refundable to the member under section 37.

(6K)If a member who has made an election under subsection (6)(c) subsequently is retrenched—

(a)two-sevenths of the contributions paid by the member in consequence of the election shall be taken into account in calculating benefit entitlements under this Act; and

(b)five-sevenths of the contributions paid by the member in consequence of the election shall be refunded to the member as an additional benefit.

(7)Where pursuant to section 21(1A) the Board has, on the application of a permanent employee, extended a period of election specified in section 21(1), the contributions of the employee shall be payable on and from the first pay day on or after the day one month after the last day of the period of election.

24AEligible member account

(1)The Board must establish and maintain a separate eligible member account for each member who is an eligible member.

(2)The Board must credit to a member's eligible member account—

(a)eligible contributions received on behalf of, or from, the member; and

(b)interest on the amount in the account at the rate determined by the Board.

(3)The Board must debit to a member's eligible member account—

(a)any reasonable costs incurred in maintaining the account as determined by the Board; and

(b)any taxes payable in respect of the account; and

(c)any refund of overpaid or ineligible contributions required to be made to the Commissioner of Taxation under the Superannuation (Government Co‑contributions for Low Income Earners) Act 2003 of the Commonwealth.

(4)The Board may for the purposes of subsection (2)(b) determine that it is appropriate in the circumstances to apply a negative interest rate.

(5)If benefits become payable under this Act to or in respect of a person who has been a member, the Board must ensure that the person receives an additional benefit equal to the net balance of the member's eligible member account as at the date of the payment of the benefits.

(6)The net balance of the member's eligible member account as at the date of the payment of the benefits must be paid—

(a)as a lump sum; and

(b)in accordance with the specified standards.

(6A)A member may elect in writing to roll over, transfer or allot the net balance of the member's eligible member account within the superannuation system.

(7)Eligible contributions—

(a)do not constitute member contributions which are required to be paid under this Act;

(b)do not create a corresponding liability requiring the employer to make contributions to the Fund;

(c)must not be taken into account in the calculation of any benefits under this Act other than this section.

(8)A benefit paid in accordance with this section—

(a)does not affect the payment of any other benefits under this Act; and

(b)must not be taken into account in determining any minimum or maximum benefit entitlement under this Act.

25Payments to the Board

(1)With the approval of the Minister the Board must determine the contributions to be paid to the Board by the employer of each member who is a contributor or the last employer of each pensioner or deceased member where as a result of the member's death the Board pays benefits to the deceased member's dependents.

(1A)Subsection (1) does not apply in respect of a member who has ceased making contributions because of section 23(4).

(2)Contributions under subsection (1) may be calculated—

(a)as a percentage of the salary of a member; or

(b)as a proportion of pensions being paid; or

(c)as a fixed amount; or

(d)by any combination of the method specified in paragraphs (a), (b) and (c).

(3)Contributions under subsection (1) are for the purpose of—

(a)paying benefits due to members in accordance with the Act after allowance is made for that proportion provided by member's contributions and interest; and

(b)meeting the costs of administering the Fund and the Act.

(4)The Board must give each employer notice in writing of contributions fixed under subsection (1) at least one month before the contributions are to take effect.

(5)In this section, employer means—

(a)an employer within the meaning of the definition of employer in section 2(1); 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 a member specified in subsection (1) or of a pensioner or a beneficiary.

(6)The Minister may by notice published in the Government Gazette declare a class or classes of employer for the purposes of subsection (5).

25ABoard to certify amount where employer fails to pay

(1)Where an employer fails to pay any amount payable to the Board under this Act the Board shall certify to the employer concerned the amount for which he is liable.

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25BInterest on monies owing to Board

(1)All contributions deducted from the salary of a contributor pursuant to section 24 and all amounts which an employer is liable to pay to the Board pursuant to section 25 shall become payable to the Board at each payment of salary by the employer and shall be paid to the Board within 14 days of becoming payable.

(2)If an employer does not within 14 days after an amount has become payable pursuant to subsection (1) pay the whole amount to the Board he shall, if the Board so demands, pay interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 on the amount remaining unpaid from the date on which it became payable until the date on which it is paid to the Board.

Part IV—Pensions and benefits

26Definition of minimum wage

(1)In this Part and Part III, unless inconsistent with the context or subject-matter—

minimum wage means the sum of $144.80 together with such further amount as is from time to time declared under subsection (2) by Order of the Governor in Council published in the Government Gazette to be the amount by which the minimum wage payable to an adult person in Victoria has increased since 30 June 1981.

(2)The Governor in Council shall by Order published in the Government Gazette within 30 days after 1 December in each year declare the amount that in his opinion is the amount by which the minimum wage has increased between 30 June 1981 and 1 December then last past.

27Member to furnish personal statement to Board and to undergo medical examination

Every member shall, unless exempted by the Board—

(a)furnish to the Board a personal statement verified in such manner as the Board may require with respect to his age, occupation, medical history, condition of health and such other matters as the Board considers necessary or expedient for the purposes of the Act; and

(b)undergo such examination by registered medical practitioners, nominated by the Board, as the Board may consider necessary or expedient for the purposes of the Act.

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32Submission of information and medical examination

The Board may at any time and from time to time require any member to submit a personal statement or such information or to undergo such examinations by registered medical practitioners nominated by the Board as the Board considers necessary or expedient for the purposes of the Act.

33Entitlement to benefits

(1)Every member shall be entitled to benefits on his retirement on or after attaining the age of 55 years.

(2)Subject to this Act upon the retirement of a member on the grounds of disability he shall be entitled to benefits.

(3)If a member resigns and is subsequently employed by a person or body approved by the Minister for the purposes of this subsection, the member may in lieu of then receiving benefits under this Act authorize the Board to make arrangements for such contributions to the Board as are specified in the arrangements to be deducted from the member's salary and the Board, with the consent of the Minister, may make such arrangements and agree as to the amount of the benefit entitlements of the member under this Act, the conditions under which those entitlements will be payable and the amount to be paid by the employer to the Board in respect of those entitlements.

(4)A member who ceases to be an employee and within a period of 4 weeks resumes employment with an employer is not entitled to benefits on account of ceasing to be an employee within the meaning of this Act.

(5)The Board must notify in writing a member to whom subsection (4) applies of his or her right to make an election under subsection (6).

(6)Within one month of being notified by the Board the member must elect in writing to do one of the following—

(a)to continue to contribute in accordance with this Act;

(b)subject to section 75(2), to transfer to the State Superannuation Fund if eligible to do so;

(c)subject to section 75(2), to transfer to the Transport Superannuation Fund if eligible to do so.

34Retrenchment

For the purposes of this Act—

retrenchment means the termination of the service of a member who has not attained the age of 55 years in respect of whom the member's employer certifies in writing to the Board that the member has been retrenched for the purposes of this Act.

34AElection by retrenched member

A member who is retrenched may elect to receive—

(a)a lump sum equal to three and one-half times the total amount of contributions paid or payable by him to the State Superannuation Fund and the Fund;

(b)benefits payable under section 37; or

(c)deferred retirement benefits payable under section 38.

34ABExempt officers

(1)A contributor who becomes an exempt officer is entitled up to the date of becoming an exempt officer to a deferred retirement benefit payable in accordance with section 38.

(2)A benefit under this section—

(a)must be indexed in accordance with section 43; and

(b)must be preserved and is payable in accordance with the specified standards.

(3)A member who is entitled to a deferred retirement benefit under subsection (1) may elect in writing to the Board to—

(a)convert the entitlement to a present lump sum; and

(b)have the lump sum rolled over or transferred within the superannuation system as nominated by the member.

(4)The method of calculating the conversion under subsection (3) is to be determined by the Minister on the advice of an actuary appointed by the Board.

34BEmployer to pay into Fund

Where a member who is retrenched elects to receive a lump sum under paragraph (a) of section 34A and does not subsequently make a repayment under subsection (5) of section 21A, the Board may require the employer to pay into the fund a sum determined actuarially representing the employer's liability in respect of the benefit so paid to the member.

34CInterest on money payable by employer

If an employer does not within 14 days after being required to do so by the Board under section 34B pay into the Fund the whole amount of the sum determined under that section as representing the employer's liability, the employer must, if the Board so demands, pay interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 on the amount remaining unpaid from the date on which payment of it was required by the Board until the date on which it is paid into the Fund.

35Resignation

Voluntary termination of service (however expressed) by a member who is not then entitled to benefits pursuant to this Part shall be deemed to be resignation.

36Resignation on grounds of disability

Where a member resigns the Board shall not make any payments pursuant to this Part until the Board receives a statement in the form approved by the Board by or on behalf of the member as to whether the member claims to resign on the grounds of disability.

37Resignation benefits

(1)If a member resigns he or she is entitled to—

(a)a cash benefit equal to the contributions paid by the member and interest at a rate specified by the Board and published in the Government Gazette less the cost of death and disability benefits as determined by the Board and Commonwealth charges; and

(b)a deferred benefit consisting of—

(i)a lump sum equal to 5 per cent of salary for each year of service in excess of 5 years; and

(ii)a pension equal to five-sixths of one per cent of salary for each year of service in excess of 5 years.

(1A)Deferred benefits calculated under subsection (1)(b) are to be—

(a)payable in accordance with section 38—as though they were a benefit payable under that section; and

(b)indexed in accordance with section 43.

(1B)A member who is entitled to a deferred retirement benefit under subsection (1)(b) may elect in writing to the Board to—

(a)convert the entitlement to a present lump sum; and

(b)have the lump sum rolled over or transferred within the superannuation system as nominated by the member.

(1C)The method of calculating the conversion under subsection (1B) is to be determined by the Minister on the advice of an actuary appointed by the Board.

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38Deferred retirement benefits

(1)Subject to subsections (2) and (3), a member may, within 3 months of resigning, elect to be entitled to deferred retirement benefits in accordance with the provisions of the Superannuation (Portability) Act 1989 in lieu of accepting any payments pursuant to section 37 as if the member had resigned in order to accept full time employment, within the terms of section 5 of that Act.

(2)Deferred retirement benefits are calculated and payable—

(a)on the member having attained the age of 55 years except for that part of the deferred benefit which is subject to the specified standards; or

(b)on the member retiring on the grounds of a disability approved by the Board for the purposes of this subsection—

whichever occurs first.

(2A)A member who is entitled to a deferred retirement benefit under subsection (1) may elect in writing to the Board to—

(a)convert the entitlement to a present lump sum; and

(b)have the lump sum rolled over or transferred within the superannuation system as nominated by the member.

(2B)The method of calculating the conversion under subsection (2A) is to be determined by the Minister on the advice of an actuary appointed by the Board.

(3)On the death of a member entitled to deferred retirement benefits there shall be payable—

(a)to his partner during the life of the partner a pension of an amount equal to two-thirds of the deferred pension to which he would have been entitled if he had attained the age of 60 years on the date of his death together with the deferred lump sum and interest thereon to the date of death at a rate determined by the Board;

(b)in respect of any child of the deceased member, a pension calculated as though the member was a contributor at the date of his or her death; or

(c)to the personal representative of the deceased member if the deceased member left no partner or child to whom paragraph (a) or (b) applied, the deferred lump sum and interest thereon to the date of death at the rate specified by the Board under section 37.

(4)A person who resigns and under subsection (1) elects to be entitled to deferred retirement benefits may, within 6 months of resigning, cancel that election and that person shall thereupon be entitled to receive benefits payable under section 37.

39Amount of lump sum and pension on retirement

(1)Subject to subsections (2), (2A) and (3), a member who at the time of his retirement is a contributor and has contributed continuously under the provisions of this Act for not less than 42 years of contributory service shall upon retirement at or after attaining 65 years be entitled to receive a lump sum equivalent to 4×2 times his adjusted final salary together with a pension equivalent to 35 per centum of such adjusted final salary.

(2)Benefits payable to a member who retires after the age of 75 years are to be calculated as though the member had retired on their 75th birthday, but interest is payable on the lump sum from the date of their 75th birthday until the date of the member's retirement at a rate determined actuarially.

(2A)Benefits payable to a member who retires after the permitted contributions age are to be calculated as though the member had retired on the date they attained the permitted contributions age, but interest is payable on the lump sum from the date they attained the permitted contributions age until the date of the member's retirement at a rate determined actuarially.

(2B)In subsection (2A), permitted contributions age means the age up to which Commonwealth superannuation law permits contributions to be made on behalf of a member.

(3)Where a member retires at age 66 years or more the rate of pension shall be such higher rate as determined actuarially.

40Calculation of benefit where less than 42 years employment

(1)A member who was a contributor and contributed continuously under this Act for less than 42 years of effective contributory employment shall upon retirement at, or after attaining the age of sixty years be entitled to proportionately reduced benefits which shall be calculated by multiplying the amount of the lump sum and of the pension which would have been payable to him if he had been a contributor under this Act for 42 years or more and contributed continuously by a fraction being—

(i)

(ii) —

whichever is the greater.

(1A)A member shall upon retirement at or after attaining the age of 55 years but before attaining the age of 60 years be entitled—

(a)to receive a lump sum calculated in accordance with the formula , where—

LS60represents the amount of the lump sum that would have been payable to the member if the member had continued to be a contributor until attaining the age of 60 years and had then retired;

YArepresents the period of contributory service of the member in years;

YPrepresents the period of contributory service in years which the member would have had if the member had continued to be a contributor until attaining the age of 60 years and had then retired or 42 years whichever is the lesser; and

(b)to receive a pension calculated in accordance with the formula  where—

Nrepresents the amount of the pension that would have been payable to the member if the member had continued to be a contributor until attaining the age of 60 years and had then retired;

YAand YP have the same meaning as in paragraph (a);

C60represents the lump sum factor at age 60 as prescribed by Schedule 1;

CRrepresents the lump sum factor prescribed by Schedule 1 with respect to the age in years at which the member retires.

(2)Entitlements under this Part shall be determined on the basis that a person is deemed to have been a continuous contributor for a period or an additional period equal to the number of years not exceeding 42—

(a)for pension entitlements, the period (if any) approved by the Board ending on 1 July 1980 or the period prior to four months after the joining date or prior to the date on which contributions become payable pursuant to section 24(7) (as the case requires) during which he was a permanent employee in continuous employment including any period during which the member was a contributor to the State Superannuation Fund and in respect of which the member is not entitled to a deferred benefit; and

(b)for the lump sum entitlements, one-half of any such period—

and the number of such years shall be calculated by deducting the number of years of continuous service under subsection (1) from his total years of service as a permanent employee.

(2A)Service by an employee of—

(a)a school council, school committee or other governing body (by whatever name called) of a school or the principal or other person in charge of a school;

(b)an advisory council or other body (by whatever name called) performing advisory functions in connexion with a school; or

(c)any other organization or committee which employs persons at the school to perform work other than teaching work—

prior to the day of incorporation of a school council for the school pursuant to section 2.3.2 of the Education and Training Reform Act 2006 shall be deemed to be service as an employee and shall be taken into account by the Board in calculating the number of years of continuous service of a member.

(3)For the purposes of this Part service shall be deemed to be continuous notwithstanding—

(a)the taking of any annual leave or long service leave;

(b)any absence from work of not more than 48 weeks in any year on account of illness or injury;

(c)any interruption or ending of the employment by the employer if such interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave;

(d)any interruption arising directly or indirectly from an industrial dispute;

(e)the dismissal of an employee if he is re-employed within a period not exceeding six months from the date of such dismissal;

(f)the standing down of an employee on account of slackness of trade;

(g)any absence from work of a woman for a period not exceeding twelve months in respect of any pregnancy;

(h)any other absence of the employee by leave of the employer, or on account of injury arising out of or in the course of his employment;

(i)the receipt by the member of a pension payable pursuant to section 55(1)(b).

(4)Any period of interruption of contribution payments to the Fund in excess of one month shall not be taken into account in calculating benefit entitlements under this Act.

(4A)Notwithstanding subsection (4) any period in respect of which a member does not pay his contributions by reason of the operation of section 24(4A), (4B) or (4C) shall be taken into account in calculating benefit entitlements under this Act as if it were service as a permanent employee before he became a contributor.

(5)In determining entitlements under this Part where the period of contributory service, prospective or otherwise, of a person is in excess of 42 years, the Board shall calculate such entitlements on the basis of those 42 consecutive years which give the optimum benefits to that person.

(6)Subject to section 39, benefits payable to a member under this section shall not exceed a sum equivalent to three times his adjusted final salary together with a pension equivalent to 25 per centum of such adjusted final salary.

(7)For the purposes of subsection (6), if a payment or transfer to a non-member spouse is made for the purposes of Part VIIIB of the Commonwealth Family Law Act 1975 whether under Part IVA or otherwise, the maximum accrued benefit of the member spouse must be adjusted by the Board in accordance with a methodology approved by the Minister, on the advice of an actuary appointed by the Board.

41Retirement between the ages of 60 and 65 years

Where a member at the time of his retirement is a contributor who has attained the age of 60 years and ceases to be a permanent employee before attaining the age of 65 years the pension he shall be entitled to receive under section 39 or 40 shall be multiplied by the factors in the following table:

Age	Factor
60	×95
61	×96
62	×97
63	×98
64	×99

41APensioner may apply for reduced pension and lump sum payment

(1)A pensioner may make application to the Board in the form approved by the Board, for the reduction of his pension and to receive a lump sum payment in consideration of the reduction of the pension.

(2)On receipt of such application the Board may require the pensioner to provide such other information as it determines.

(3)The Board may grant the application and reduce the pension in accordance with the terms and conditions from time to time approved by the Minister.

(4)The amount of lump sum payment made in consideration of the reduction in the pension shall be determined by the Board's actuary.

42Conversion of part of pension entitlement to lump sum payment entitlement

(1)Notwithstanding anything in this Act but subject to this section the Board may determine that a pensioner who is receiving a pension under section 39, 40 or 41 may, within the period of three months immediately prior to his attaining the age of 70 years, or three months after retirement if he retires on or after the age of 70 years, may apply in writing to convert the whole or part of the fortnightly pension entitlement of the pensioner and of his or her partner following his or her death to an equivalent entitlement by way of a lump sum payment as determined by an actuary appointed by the Board.

(2)Where a pensioner applies under subsection (1) and his application is approved by the Board he shall be entitled to the lump sum payment and the pension payable to the pensioner and to his or her partner shall thereupon be reduced by the amount of the pension entitlement converted to a lump sum.

*                *                *                *                *

(4)A pensioner shall not be entitled to make more than one application under this section.

43Automatic adjustment of pensions

(1)In this section—

consumer price index means the all groups price index for all capital cities in original terms published by the Australian Bureau of Statistics;

financial half year means a period of six months ending on 30 June or 31 December;

prescribed proportion in relation to a prescribed half year means—

where—

Ais the consumer price index for the prescribed half year;

Bis the consumer price index for the half year ended 30 June 1979 or the highest consumer price index for a financial half year after that date and before the prescribed half year, whichever is the higher;

prescribed half year means the half year ended 30 June 1979 and any subsequent half year ending on 30 June or 31 December in which the consumer price index is higher than the highest consumer price index in or since the half year ended 30 June 1979.

(1A)Where the prescribed proportion consists of or includes a fraction of a whole number, it is deemed to have been calculated in accordance with this section if it is calculated to the nearest one-hundredth part.

(2)Subject to subsection (4) in any prescribed half year, any pension to which a member or the partner or child or dependent person of a deceased member is entitled under this Part must—

(a)if it is then payable, be increased on the payment of the first instalment of pension in the month of June or December by an amount equal to one-sixth of the prescribed proportion of the pension that person is receiving under this Part for every whole month or part of a month during which he or she was entitled to the pension during the preceding financial half year; and

(b)if for any reason it is not then payable, be notionally so increased as if then payable.

*                *                *                *                *

(4)Where any increase pursuant to subsection (3) in any pension payable under this Part is likely to jeopardize the granting of any pension, allowance, subsidy, concession or similar benefit to the pensioner under any Act of the Commonwealth, the pensioner may request the Board in writing that his pension not be increased in accordance with the provisions of subsection (3), and may revoke such request at any time.

(5)The Board shall not, while in receipt of a request which is not revoked, increase such pension.

43APrescribed rate

(1)In sections 44, 45 and 47 prescribed rate means the sum arrived at by multiplying $650 by where A is the consumer price index for the reference period in which falls the June quarter or the December quarter (whichever is the later) prior to the death of the pensioner or member and B is the consumer price index number for the quarter ended 30 June 1982.

•     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 State Employees Retirement Benefits Act 1979 by Acts and subordinate instruments.

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

State Employees Retirement Benefits (Amendment) Act 1980, No. 9400/1980 (as amended by No. 9549/1981)

Assent Date:	13.5.80
Commencement Date:	S. 2 on 23.1.80: s. 1(4); rest of Act on 13.5.80: s. 1(3)
CurrentState:	All of Act in operation

State Employees Retirement Benefits (Eligibility) Act 1980, No. 9478/1980

Assent Date:	23.12.80
Commencement Date:	23.12.80
CurrentState:	All of Act in operation

State Employees Retirement Benefits (Amendment) Act 1981, No. 9657/1981

Assent Date:	15.12.81
Commencement Date:	S. 11 on 1.1.81: s. 1(4); rest of Act on 15.12.81: s. 1(3)
CurrentState:	All of Act in operation

State Employees Retirement Benefits (School Council Employees) Act 1982, No. 9752/1982

Assent Date:	13.7.82
Commencement Date:	1.1.82: s. 1(3)
CurrentState:	All of Act in operation

Transport Act 1983, No. 9921/1983

Assent Date:	23.6.83
Commencement Date:	S. 255(Sch. 12) on 1.7.83: s. 1(2)(c).
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

State Employees Retirement Benefits (Amendment) Act 1983, No. 9978/1983 (as amended by No. 10087/1984)

Assent Date:	29.11.83
Commencement Date:	S. 2 on 1.3.83: s. 1(4); rest of Act on 29.11.83: Government Gazette 21.12.83 p. 4105
CurrentState:	All of Act in operation

Administrative Appeals Tribunal Act 1984, No. 10155/1984

Assent Date:	20.11.84
Commencement Date:	S. 81 on 1.3.85: Government Gazette 30.1.85 p. 191
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Superannuation Schemes Amendment Act 1985, No. 10258/1985

Assent Date:	10.12.85
Commencement Date:	Ss 8–11 on 1.1.86: Government Gazette 17.12.85 p. 4633
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Borrowing and Investment Powers Act 1987, No. 13/1987

Assent Date:	12.5.87
Commencement Date:	Pts 1, 3, ss 24, 26(2) on 14.10.87: Government Gazette 14.10.87 p. 2712; rest of Act on 18.11.87: Government Gazette 18.11.87 p. 3138
CurrentState:	All of Act in operation

Superannuation Schemes (Accident Compensation) Act 1987, No. 58/1987

Assent Date:	27.10.87
Commencement Date:	Ss 10, 11 on 13.11.87: Government Gazette 11.11.87 p. 3008
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

State Superannuation Act 1988, No. 50/1988 (as amended by No. 81/1988)

Assent Date:	24.5.88
Commencement Date:	S. 93(1) on 1.7.88: Government Gazette 1.6.88 p. 1487
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	20.12.88
Commencement Date:	Ss 21, 22, 25 on 1.1.88: s. 2(1); ss 5, 10, 29, 31 on 1.7.88: s. 2(2); rest of Act on 20.12.88: s. 2(3)
CurrentState:	All of Act in operation

Accident Compensation (General Amendment) Act 1989, No. 64/1989

Assent Date:	29.9.89
Commencement Date:	S. 36(3) on 1.7.90: Government Gazette 21.2.90 p. 518
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	4.12.90
Commencement Date:	S. 9 on 19.12.90: Government Gazette 19.12.90 p. 3751
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

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

Superannuation (Public Sector) Act 1992, No. 87/1992 (as amended by No. 97/1993)

Assent Date:	26.11.92
Commencement Date:	Ss 17–19 on 27.11.92: Special Gazette (No. 63) 27.11.92 p.1
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	8.6.93
Commencement Date:	S. 9 on 1.7.92: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	30.11.93
Commencement Date:	Ss 150–153 on 1.1.94: s. 2(6); ss 154, 155 on 30.11.93: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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 80) on 1.1.95: Government Gazette 28.7.94 p. 2055
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Superannuation Acts (Further Amendment) Act 1994, No. 120/1994 (as amended by No. 102/1995)

Assent Date:	20.12.94
Commencement Date:	S. 46 on 1.1.94: s. 2(6); ss 39, 45, 47–50 on 1.7.94: s. 2(7A); ss 40, 41, 43, 44, 51, 52 on 20.12.94: s. 2(1); s. 42 on 1.2.95: s. 2(9)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Superannuation Acts (General Amendment) Act 1995, No. 64/1995

Assent Date:	27.6.95
Commencement Date:	S. 37 on 1.7.95: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	5.12.95
Commencement Date:	Ss 18–21 on 5.12.95: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	18.6.96
Commencement Date:	S. 91(2) on 5.12.95: s. 2(6); s. 95(b) on 1.3.96: s. 2(9); s. 105 on 1.5.96: s. 2(10); ss 91(1), 92, 93 on 31.5.96: s. 2(11); ss 94, 95(a), 96, 97, 100–102, 104 on 18.6.96: s. 2(1); ss 98, 99, 103 on 30.6.96: s. 2(12)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	23.12.96
Commencement Date:	Ss 52–57 on 1.1.97: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	11.6.97
Commencement Date:	S. 11 on 11.6.97: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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 State Employees Retirement Benefits Act 1979

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

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 83) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	17.11.98
Commencement Date:	Ss 41–44 on 17.11.98: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Government Superannuation Act 1999, No. 8/1999

Assent Date:	11.5.99
Commencement Date:	S. 50 on 1.7.99: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Public Sector Reform (Further Amendments) Act 1999, No. 12/1999

Assent Date:	11.5.99
Commencement Date:	S. 4(Sch. 2 item 12) on 11.5.99: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	11.5.99
Commencement Date:	Ss 10, 11 on 11.5.99: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	30.5.00
Commencement Date:	Ss 12, 13 on 31.5.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 115) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	5.12.00
Commencement Date:	Ss 13–15 on 6.12.00: s. 2(1); s. 16 on 1.7.01: s. 2(6)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	12.6.01
Commencement Date:	S. 5(Sch. 3 item 4) on 23.8.01: Government Gazette 23.8.01 p. 1927
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Unclaimed Moneys and Superannuation Legislation (Amendment) Act 2001, No. 73/2001

Assent Date:	7.11.01
Commencement Date:	S. 8 on 6.12.00: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	14.10.03
Commencement Date:	S. 12 on 1.1.94: s. 2(3); s. 17(1) on 30.6.96: s. 2(2); ss 13–16, 17(2)(3) on 15.10.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	8.6.04
Commencement Date:	Ss 20–27 on 9.6.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Parliamentary Superannuation Legislation (Reform) Act 2004, No. 78/2004

Assent Date:	9.11.04
Commencement Date:	Ss 12, 13 on 10.11.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 186) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Higher Education Acts (Amendment) Act 2005, No. 40/2005

Assent Date:	27.7.05
Commencement Date:	S. 129(1) on 9.8.05: Special Gazette (No. 148) 9.8.05 p. 1
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	29.11.05
Commencement Date:	Ss 27–35 on 1.12.05: s. 2
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Health Professions Registration Act 2005, No. 97/2005

Assent Date:	7.12.05
Commencement Date:	S. 182(Sch. 4 item 47) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Education and Training Reform Act 2006, No. 24/2006

Assent Date:	16.5.06
Commencement Date:	S. 6.1.2(Sch. 7 item 37) on 1.7.07: Government Gazette 28.6.07 p. 1304
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	14.8.07
Commencement Date:	Ss 18–25 on 15.8.07: s. 2
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 57) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	10.2.09
Commencement Date:	S. 37(Sch. 1 item 22) on 1.12.09: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Superannuation Legislation Amendment Act 2009, No. 38/2009

Assent Date:	30.6.09
Commencement Date:	Ss 25–27 on 1.7.09: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 51) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Superannuation Legislation Amendment Act 2010, No. 40/2010

Assent Date:	30.6.10
Commencement Date:	Ss 45–71 on 1.7.10: Government Gazette 1.7.10 p. 1359
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Subordinate Legislation Amendment Act 2010, No. 78/2010

Assent Date:	19.10.10
Commencement Date:	S. 24(Sch. 1 item 28) on 1.1.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 90) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

University of Ballarat Amendment (Federation University Australia) Act 2013, No. 50/2013

Assent Date:	10.9.13
Commencement Date:	S. 12 on 1.1.14: s. 2
Current State:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Superannuation Legislation Amendment Act 2013, No. 61/2013

Assent Date:	22.10.13
Commencement Date:	Ss 17–19 on 1.7.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 53) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

Assent Date:	27.6.14
Commencement Date:	S. 33(Sch. item 26) on 30.6.14: s. 2(5)
Current State:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 51) on 1.8.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

Superannuation Legislation Amendment Act 2019, No. 36/2019

Assent Date:	22.10.19
Commencement Date:	S. 13 on 23.10.19: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979

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

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] S. 2(1) def. of employee: Section 3(2)–(4) of the State Employees Retirement Benefits (Amendment) Act 1983, No. 9978/1983 reads as follows:

3Employees of the School of Mines and Industries Ballarat Ltd.

(2)Subsection (1) shall be deemed to have come into operation on 11 October 1983.

(3)The Principal Act shall apply to all those people employed by the Council of The School of Mines and Industries Ballarat Limited on 11 October 1983, who were not at 11 October 1983 eligible for membership of the State Superannuation Fund and who were not at 11 October 1983 members of the State Employees Retirement Benefits Fund, and who are persons employed pursuant to Awards of the Industrial Relations Commission of Victoria or Awards of the Australian Conciliation and Arbitration Commission as if they had been declared by the Order of the Governor in Council made pursuant to section 2 of the Principal Act on 11 October 1983 to be persons to whom the provisions of the State Employees Retirement Benefits Act 1979 shall apply.

(4)Notwithstanding the interpretation of joining date in section 2 of the Principal Act, a reference to joining date in respect of those employees of The School of Mines and Industries Ballarat Limited referred to in subsection (3) is a reference to 11 October 1983.

[2] Ss 4–11:

Ss 4–9 repealed by No. 120/1994 s. 43(3).

S. 10 substituted by No. 9400 s. 4, repealed by No. 120/1994 s. 43(3).

S. 10AA inserted by No. 13/1987 s. 25, substituted by No. 81/1988 s. 18(a), repealed by No. 120/1994 s. 43(3).

S. 10AB inserted by No. 49/1992 s. 81(1), repealed by No. 120/1994 s. 43(3).

S. 10A inserted by No. 10258 s. 10(e), substituted by No. 58/1987 s. 11(1)(b), amended by No. 49/1992 s. 81(2), repealed by No. 120/1994 s. 43(3).

S. 11 amended by No. 9657 s. 3(a)(b), repealed by No. 31/1994 s. 4(Sch. 2 item 80).

[3] Ss 12–17:

S. 12 amended by Nos 9657 s. 4, 49/1992 s. 82, repealed by No. 4/1996 s. 93.

S. 13 amended by Nos 9657 s. 5(1), 10258 s. 10(f), substituted by No. 13/1987 s. 24, repealed by No. 81/1988 s. 18(b).

S. 14 amended by No. 13/1987 s. 23, repealed by No. 4/1996 s. 93.

S. 15 amended by Nos 9657 s. 5(2), 13/1987 s. 24, repealed by No. 4/1996 s. 93.

S. 16 amended by Nos 10258 s. 10(g)(i)(ii), 13/1987 s. 24, repealed by No. 81/1988 s. 18(b).

S. 16A inserted by No. 10258 s. 10(h), repealed by No. 81/1988 s. 18(b).

S. 17 substituted by No. 9657 s. 6, repealed by No. 31/1994 s. 4(Sch. 2 item 80).

[4] S. 20(1): Section 5 of the State Employees Retirement Benefits (Amendment) Act 1983, No. 9978/1983 reads as follows:

5Certain employees may make election

(1)Where at the commencement of this Act a person was not a contributor by reason only of being employed on a basis which required him to render service of less than one half the service of an ordinary employee, and who under the Principal Act as amended by this Act would but for the operation of this section be compelled to become a contributor, he may, within a period of three months from the commencement of this Act, elect not to become a contributor.

(2)Where at the commencement of this Act a person was not a contributor by reason only of—

(a)being employed on a basis which required him to render service of less than half the service of an ordinary employee; and

(b)not being a permanent employee within the meaning of the Principal Act—

and who under the Principal Act as amended by this Act and upon becoming a permanent employee within the meaning of the Principal Act would but for the operation of this section be compelled to become a contributor, he may, within a period of three months from the day of becoming a permanent employee, elect not to become a contributor.

(3)Where a person makes an election referred to in subsection (1) or (2), the Principal Act shall not apply to that person.

(4)Where a person referred to in subsection (1) or (2) does not elect not to become a contributor, his entitlement to benefits in respect of any period of service prior to the expiration of the four month period referred to in subsection (5) shall be determined in accordance with section 40(2) of the Principal Act.

(5)The contributions of a person referred to in subsection (1) or (2) who does not elect not to become a contributor shall be payable on and from the first pay day occurring four months after the commencement of this Act, or four months after he became a permanent employee (as the case requires).

[5] S. 20(5): See note 4.

[6] S. 44(1)(c): Section 17 of the State Employees Retirement Benefits (Amendment) Act 1983, No. 9978/1983 reads as follows:

17Saving provision

Notwithstanding anything contained in this Act a person who was entitled to a pension under section 44(1)(c) or section 45(1)(b) or section 47 of the Principal Act as in force immediately before the commencement of this Act shall so long as he is entitled to a pension under one of those sections be entitled to a pension at the rate that he would have been entitled to receive if this Act had not been passed.

[7] S. 45(1)(b): See note 6.

[8] S. 47: See note 6.