State Superannuation Act 1988 (Vic)
Version No. 085
State Superannuation Act 1988
No. 50 of 1988
Version incorporating amendments as at
10 February 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
3ADeclaration of eligible salary sacrifice contributors
4Application of Act
Part 3—The non-contributory schemes account
16ANon-contributory schemes account
Part 4—Part-time officers
24Definitions applying to this Part only
25Service and prospective service of a part-time officer
26Act applies subject to principles and rules for part-time officers
Part 5—Original scheme members
27Original scheme members
27AApplication of Family Law provisions to pensioners
Part 6—Revised scheme members
Division 1—Contributions
28Contribution rates
29Adjustment of contribution rates
Division 2—Benefits
31Pension on retirement through age or disability
32Minimum amount of pension
33Amount of pension on retirement through age
34Pension entitlement on retirement through disability
35Retirement or death after return from leave of absence
35ARegistration of names of adult children
36Pension to partner, children or adult children on death of revised scheme member
37Pension to partner, children or adult children on death of revised scheme member who is a pensioner
38Re-instatement of pension cancelled on the ground of re‑marriage
39Pensioner may elect to convert whole of or part of pension entitlement to a lump sum payment entitlement
40Partner of a pensioner aged 60 years or over entitled to convert part of pension to a lump sum
41Partner of deceased revised scheme member under age 60 may convert whole of pension to a lump sum
43Payment on death of revised scheme member before retirement
44Retrenchment of revised scheme member
45Rights of statutory officer
46Rights on resignation
47Provisions applying to deferred pensions
48Payments to children and adult children
49Election in respect of leave of absence without pay
Part 7—New scheme members
Division 1—Contributions
50Contribution rates
Division 2—Benefits
52Benefit on retirement of new scheme member
53Benefit on death of new scheme member before retirement
53ABoard to consider nominations of dependants
53BBoard to consider nominations of adult children
54Benefit on retirement through disability
56Benefit on retirement due to ill-health
57Benefit on retrenchment
58Benefit on resignation
59Intermittent service
Part 7A—Family Law provisions
59AADefinitions
59ABAccrued benefit multiple
59ACObligation on Board
59ADReduction of benefit or accrued benefit entitlement
59AEBoard may provide additional information
59AFCommutation rights not affected
59AGCharging of fees
Part 8—General provisions
59APayment of benefits subject to specified standards
60Payment of contributions
60AEligible member account
61Transfer from revised scheme to new scheme
61AExempt officers
61DEntitlements of section 61B transferee
66Officers on secondment or leave of absence
67If pensioner re-employed by Crown, pension may be reduced
67AEntitlement to pension
67BCommutation of pension not exceeding declared rate
68Pension entitlements—Masters of the Supreme Court
69Members of approved superannuation schemes
69AExemption from membership
69BDesignated employees
70Provision where contributor who resigns is appointed to a public body
71Minimum benefit
71AEarly release of benefits
71BTaxation on benefits
71CSurcharge debt account
71DRecovery of surcharge where person entitled to deferred benefit
71ECommutation of pension to meet surcharge liability
71FCommutation of pension to meet a superannuation interest taxation liability
72Provisions relating to children's and adult children's pensions
73Pensions payable for life except in certain cases
74Pensions payable fortnightly
75Disability pensioner to be taken to be on leave
76Liability to be recalled to service
77Review of pension under section 34, 54 or 83A
77ADisability pensioner retiring due to ill health
77BRe-instatement of certain disability pensioners
78Desertion by pensioner of partner or child
80Payment of benefits if person is incapable of managing financial affairs
81Power to recover
82Contributors transferring from recognised superannuation schemes
83Question as to disability determined by Board on medical officer's report
83ATemporary pensions
83BDisclosure of contents of medical reports
85Settlement of disputes
86Board may require information for purposes of administering Act
88Assignment or charging of interest
89Payment of benefits
89APayment of lump sum benefits
90Payments from Consolidated Fund
90APayments into Fund by employing authority
91Indexation of pensions
92Regulations
92ASpecified standards
93Savings
94Transfer of members of MWCESF
95Provision relating to change of employment
96Provisions relating to certain water authorities
97Provision relating to change of employment
98Provisions relating to transfer of assets and liabilities
99Transfer of members under section 4(1BA) of ESSA
100Transfer of assets in respect of PMASF
101Provisions relating to transferred beneficiaries
102Continued application of medical classification provisions
Schedules
Schedule 1—Lump sum payment for each $1.00 of annual pension
Schedule 2
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 085
State Superannuation Act 1988
No. 50 of 1988
Version incorporating amendments as at
10 February 2025
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1Purpose
The purpose of this Act is to—
(a)provide improved benefits under the State Superannuation Fund; and
(b)introduce a new scheme for new officers; and
(c)repeal the Superannuation Act 1958.
2Commencement
(1)Section 93(3) is deemed to have come into operation on 1 July 1987.
(2)Section 93(4) is deemed to have come into operation on 27 November 1987.
(3)Part 1 and Division 2 of Part 6 and section 91 are deemed to have come into operation on 1 January 1988.
(4)The remaining provisions of this Act come into operation on a day or days to be proclaimed.
3Definitions
(1)In this Act—
actuary means a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister;
adult child has the same meaning as in sections 35A(1) and 53(2A);
Board means the Emergency Services Superannuation Board established under section 5 of the Emergency Services Superannuation Act 1986;
child in relation to an officer or pensioner 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
(aa)any person who—
(i)is declared or deemed to be a person to whom subsection (2)(c) applies; or
(ii)is a member of a class of persons declared or deemed to be persons to whom subsection (2)(c) applies—
by the Minister by instrument in writing; 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 an officer who will be, is, or has been, eligible to contribute to the State Superannuation Fund;
dependant, in relation to a deceased person, means—
(a)his or her partner; or
(b)a child of the person; or
(c)any other person who in the opinion of the Board was at the date of the death of the person wholly or partially dependent on the person or who at that date had a legal right to look to him or her for financial support;
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 contributor 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 60A;
eligible salary sacrifice contributor means an officer in respect of whom a declaration is in force under section 3A;
employing authority means any person, authority or body who or which is the employer of an officer;
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 employing authority to the Board is in force; or
(b)a contract officer whose employing authority 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—
(a)is designated as an expense allowance or an expense of office allowance; or
(b)is in fact an allowance which is granted to an officer in respect of expenses which are normally and properly incurred by the officer in carrying out the duties of his or her office;
final average salary means—
(a)in relation to an officer 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 officer in respect of the officer's period of recognised service;
"B"is the total number of days in that period;
(b)in relation to an officer with 2 years or more of recognised service, an amount equal to one-half of the officer's aggregate salary for the period of recognised service of 2 years ending on the officer'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 officer during that period of leave without pay, salary at the rate payable to the officer 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 an officer on 1 January 1994 be less than the officer's salary on that date;
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 an employing authority; and
(c)does not prelude the member from seeking alternative employment; and
(d)has not been incurred or inflicted for the purpose of obtaining a benefit;
minimum age for retirement means—
(a)the age of 55 years; or
(b)if an entitlement to an accrued benefit at an earlier age than 55 years is prescribed for a prescribed class of members, that earlier age;
new scheme member means—
(a)an officer who was not a contributor or a person entitled to a pension on the ground of disability under the Superannuation Act 1958 or this Act on 30 June 1988; and
(b)a person who becomes an officer after 30 June 1988, on and from the date on which that person becomes an officer; and
(ba)a person who makes an election under any Act to transfer to the State Superannuation Fund, on and from the date on which that election takes effect; and
(c)an officer who makes an election under section 61 or 61B, on and from the date on which that election takes effect—
but does not include—
(d)a revised scheme member who after 30 June 1988 ceases to be a contributor for less than 30 days and again becomes an officer; and
(e)a person—
(i)who was a contributor before 1 July 1988; and
(ii)to whom section 30(2)(b) of The Constitution Act Amendment Act 1958 applies;
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officer (subject to subsection (4)) means a person other than an exempt officer or a person who is employed on a casual basis who is—
(a)employed—
(i)under Part 3 of the Public Administration Act 2004; or
(ii)under the Education and Training Reform Act 2006 as—
(A)a member of the permanent staff of the teaching service; or
(B)a temporary teacher; or
(C)a temporary professional appointee; or
(D)a temporary assistant professional appointee; or
(E)a temporary special developmental school teacher; or
(iii)under the Education and Training Reform Act 2006—
(A)by the Secretary or a school council; or
(B)as a rural school aide; or
(C)as a teacher aide; or
(iv)under Part 3 of the Parliamentary Administration Act 2005; and
(b)on the staff of a post secondary education institution within the meaning of the Education and Training Reform Act 2006 or a technical and further education institution within the meaning of that Act whom the Secretary to the Department of Treasury and Finance certifies in writing to the Board to be in his or her opinion a person the greater part of whose salary is met from the Consolidated Fund; and
(c)a person or a member of a class of persons—
(i)holding any office under the Crown; or
(ii)holding any office as a member or in the service or employment of any body created by or under any Act; or
(iii)holding any office as a member or in the service or employment of any other body that the Minister by instrument declares to be a body to which this subparagraph applies—
to which person or class of persons the Minister by instrument declares that this Act applies; and
(d)holding any office—
(i)under the Crown; or
(ii)as a member or in the service or employment of any body created by or under any Act—
who was before his or her appointment to that office an officer for the purposes of this Act and who is by or under any Act or law deemed to continue to be an officer within the meaning of this Act while holding that office; and
(e)an officer within the meaning of the Superannuation Act 1958 on 30 June 1988 and continues to be employed by the same or another employing authority; and
(f)referred to in paragraph (a), (b), (c), (d) or (e) and has resigned or been given leave of absence without pay to act as a full-time officer of a trade union which is approved by the Minister; and
(g)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 employee in section 2(1) of the State Employees Retirement Benefits Act 1979; or
(iii)any paragraph of the definition of employee in section 3(1) of the Transport Superannuation Act 1988.
original scheme member means an officer contributing to the State Superannuation Fund as at 30 June 1988 who was not a revised scheme member;
partner of a person means the person's spouse or domestic partner;
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prescribed means prescribed by the regulations;
recognised service, in relation to an officer, means the total period (calculated in years, months and days) during which the officer contributed (or in the case of a new scheme member, was entitled to contribute) to the State Superannuation Fund and the Fund and includes—
(a)the additional period of service (if any) which the officer is taken as having by virtue of the operation of, or is by any Act deemed to have for the purpose of section 13D(3), 13DA(3), 13DB(1), 13DB(1A) or 67(1A) of the Superannuation Act 1958 and in respect of which the officer has made contributions or other payments to the Fund; and
(b)any additional period of service (if any) determined by the Board in accordance with the regulations—
but does not include any period after he or she attains the age of 75 years, or as otherwise permitted by Commonwealth superannuation law, unless the Treasurer otherwise specifies in writing in respect of a specified officer or, except where express provision to the contrary is made in this Act, any period of leave of absence unless contributions have been paid in respect of that period of leave of absence under section 49(1)(c);
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);
resignation means the termination of service (however expressed) other than by reason of death, disability or retrenchment of a member before he or she has attained the minimum age for retirement;
retrenchment means the termination of the employment or service of an officer who has not attained the minimum age for retirement and in respect of whom the employing authority certifies in writing to the Board that the officer has been retrenched for the purposes of this Act;
revised scheme member means an officer who was a revised scheme contributor within the meaning of section 3(1A) of the Superannuation Act 1958;
revised scheme member's pension means, on the death or disability of a revised scheme member before retirement, the pension which would have become payable to the deceased or disabled revised scheme member at the retirement age of 60 if his or her final average salary at the time of death or disability had been his or her final average salary at age 60 and counting the recognised service which would have been completed by that age;
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 consisting of 313 working days and 52 Sundays, of pecuniary emoluments payable periodically and regularly to an officer for the performance of the duties of his or her grade of employment as an officer, and includes—
(a)the annual rate of allowances payable instead of free quarters, and, when free quarters are provided, the annual rate of allowance that would have been payable had free quarters not been provided; and
(b)the annual rate of remuneration or pecuniary emolument payable for the regular performance of duties on Sundays, subject to deduction of the value of any leave of absence granted in respect thereof, where the annual value of that remuneration and of that deduction can be computed in advance; and
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(d)unless an officer otherwise elects in writing, the annual rate of any higher duties allowance payable to an officer for at least 12 months and includes any increase in the rate during a period of at least 12 months where a higher duties allowance has been paid continuously in respect of different positions held by that officer; and
(e)any additional amount prescribed for officers who perform rostered or shift work; and
(f)the annual rate of any other remuneration or pecuniary emolument payable periodically and approved by the Board—
but does not include a recreation leave allowance or an expense allowance or payment for overtime, or for travelling allowances or for incidental expenses or payments of a temporary character;
secondment, in relation to an officer, means leave without pay to engage in paid employment with the consent of his or her employer during the period of that leave and in respect of which contributions payable under section 90A are only met by or on behalf of the current employer during that period;
specified standards means standards specified under section 92A;
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 this Act as the State Superannuation Fund and as in existence immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005;
Superannuation Act 1958 means the Superannuation Act 1958 as in force immediately before the commencement of section 93(1);
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 an officer 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 an officer, the surcharge debt account kept for that person (while he or she was an officer) under section 71C;
surcharge deduction amount means, in relation to a person—
(a)who is or has been an officer; 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 71C in relation to the person;
(1A)For the purpose of the definition of dependant in section 3(1), a person was partially dependent on a deceased person if the person benefited from a financial contribution which was not trivial in nature and was to some extent necessary to sustain the basics of life.
(2)For the purposes of the definition of salary in subsection (1)—
(a)if an officer's salary is reduced then, unless the officer agrees in writing that the reduced salary applies, salary means the greater of—
(i)the salary of the officer immediately before the reduction; or
(ii)the actual salary; or
(b)in the case of an officer referred to in paragraph (f) of the definition of officer, salary means the last salary of the officer immediately prior to becoming a full-time officer of the trade union adjusted in accordance with changes in the rate of salary for the last substantive classification of the officer or any higher salary as is paid to the officer by the trade union and approved by the Board; or
(c)in the case of a person referred to in paragraph (a) or (aa) 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 employing authority to the Board; or
(d)subject to paragraph (e), 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 from time to time in that person's contract of employment and notified in writing by the employing authority to the Board; or
(e)if a person to whom paragraph (d) applies is a member of the Principal Class within the meaning of Part 2.4 of the Education and Training Reform Act 2006, or a member of the Executive Class within the meaning of that Part and immediately before becoming a member of the Executive Class was a member of the Principal Class, the salary specified for the purpose of paragraph (d) must not exceed—
(i)in the case of a person who was a member of the new scheme on 31 January 1995, a maximum of 90×9 per cent of the person's remuneration package; or
(ii)in any other case, a maximum of 82×3 per cent of the person's remuneration package.
(3)The Minister may, by an instrument of delegation under the hand of the Minister, delegate to the Secretary to the Department of Treasury and Finance any power or duty of the Minister under paragraph (c) of the definition of officer in subsection (1).
(4)Until 1 July 1988 officer in Division 2 of Part 6 has the same meaning as it has in section 3 of the Superannuation Act 1958.
(5)A reference in this Act to a Commonwealth Act is a reference to that Act as amended and in force for the time being or as re-enacted and as subsequently amended and in force for the time being.
(6)Despite the amendment of the definition of revised scheme member's pension by section 70(1)(f) of the Public Sector Superannuation (Administration) Act 1993 no pension calculated according to that definition as amended shall be less than the pension that would have been payable had the revised scheme member retired due to disability or died (as the case may be) immediately before that section came into operation.
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(8)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.
(9)The definition of partner as substituted by section 73(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the determination by the Board of an entitlement arising under this or any other Superannuation Act within the meaning of section 3(1) of the Emergency Services Superannuation Act 1986 on or after the commencement of the substituting section.
3ADeclaration of eligible salary sacrifice contributors
The Minister may by notice published in the Government Gazette declare—
(a)an officer who is—
(i)an original scheme member; or
(ii)a revised scheme member; or
(iii)a new scheme member; or
(iv)a member of the State Superannuation Fund as a result of a transfer to the Fund under section 94—
to be an eligible salary sacrifice contributor from the date specified in the notice; or
(b)a class of officers who are—
(i)original scheme members; or
(ii)revised scheme members; or
(iii)new scheme members; or
(iv)members of the State Superannuation Fund as a result of a transfer to the State Superannuation Fund under section 94—
to be eligible salary sacrifice contributors from the date specified in the notice.
4Application of Act
(1)Subject to subsection (1A), this Act does not apply to an officer while he or she is a member of a prescribed superannuation scheme.
(1A)Subsection (1) does not apply if the officer is a member of the ESSPLAN Scheme in accordance with section 21B(1)(c) of the Emergency Services Superannuation Act 1986.
(2)If any person has been appointed prior to the commencement of the Superannuation (Amendment) Act 1968 for a term of years to any of the offices mentioned in Part II of the Second Schedule of the Superannuation Act 1958—
(a)for the purposes of this Act, he or she is so long as he or she continues to be employed in the office (whether during or after the expiration of the term for which he or she was appointed) an officer within the meaning of this Act; and
(b)the cessation of that employment (otherwise than by retrenchment, dismissal or resignation) is to be taken to be retirement within the meaning of this Act.
(3)Any person who is an officer for the purposes of this Act by the operation of paragraph (d) in the definition of officer in section 3(1) or who would at any time have been an officer for the purposes of this Act or any corresponding previous enactment if the definition of officer at that time had included a provision corresponding to that paragraph is for the purposes of this Act and of any corresponding previous enactment to be taken to have been during the period that he or she holds or held that office, whether before or after the commencement of the Superannuation Act 1965, an officer within the meaning of this Act.
(4)A person (other than a person referred to in subsection (5)) who, immediately before 1 July 1988—
(a)is a contributor within the meaning of the Superannuation Act 1958; and
(b)is liable to contribute under section 11 of that Act; and
(c)since 1 July 1975 has not contributed under section 11 of that Act or received a disability pension under that Act—
is to be treated for the purposes of this Act as a new scheme member and is not entitled to receive any benefits under the Superannuation Act 1958 in respect of any period for which that person has been liable to contribute under section 11 of that Act but has not so contributed.
(5)Despite subsection (4), a person referred to in that subsection is to be treated as a revised scheme member if he or she—
(a)within 6 months before 1 July 1988 becomes a contributor within the meaning of the Superannuation Act 1958; and
(b)has by 31 December 1988 commenced to contribute under section 28.
(6)If a person becomes a new scheme member as a result of an election under section 75 of the State Employees Retirement Benefits Act1979 the Board must grant to that member an additional accrued retirement benefit equal to—
(a)15 per cent of final average salary for each year of service recognised by the State Employees Retirement Benefits Board in which no contributions were made; and
(b)20 per cent of final average salary for each year of service recognised by the State Employees Retirement Benefits Board in which contributions were made on or after the commencement of section 26 of the Superannuation Acts (Amendment) Act 1988; and
(c)21 per cent of final average salary for each year of service recognised by the State Employees Retirement Benefits Board in which contributions were made before the commencement of section 26 of the Superannuation Acts (Amendment) Act 1988.
(7)A person cannot become an officer or become a member of the revised scheme or the new scheme on or after the commencement of section 72 of the Public Sector Superannuation (Administration) Act 1993 except by transferring from the revised scheme to the new scheme under section 61B.
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PART 3—THE NON-CONTRIBUTORY SCHEMES ACCOUNT
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16ANon-contributory schemes account
(1)The Board must keep an account in the Fund called the non-contributory schemes account.
(2)There shall be credited to the account in respect of each scheme member such amounts in respect of such periods commencing on or after 1 July 1992 as the Board, on the advice of an actuary and with the approval of the Minister, determines from time to time, having regard to the Commonwealth Act.
(3)In addition to the amounts paid under subsection (2), there shall be credited to the account in respect of a scheme member such amounts as the Board from time to time determines, on the advice of an actuary and with the approval of the Minister, having regard to interest earned on investment of the Fund, after deduction of income tax (if any) and costs and expenses incurred by the Board in keeping the account.
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(5A)If a pension or benefit is not payable to or in respect of a person under the relevant Act, the amount in the account is to be paid to the person or to his or her dependant or legal personal representative as the Board determines.
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(6)In this section—
account means the non-contributory schemes account referred to in subsection (1);
Commonwealth Act means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth;
relevant Act means Attorney-General and Solicitor-General Act 1972, Constitution Act 1975, County Court Act 1958, Director of Public Prosecutions Act 1982, Magistrates' Court Act 1989, Independent Broad-based Anti-corruption Commission Act 2011, Integrity Oversight Victoria Act 2011 and Supreme Court Act 1986;
scheme member means a person who has not resigned or retired but who, on resignation or retirement, will be entitled to a pension under a relevant Act.
(7)Part 7A does not apply in respect of the account.
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PART 4—PART-TIME OFFICERS
24Definitions applying to this Part only
(1)In this Part—
comparable full-time officer in relation to a part-time officer means an officer who is employed in a similar office to the part-time office on a full-time basis, whether or not there is such an officer;
full-time officer means an officer who is employed on a full-time basis throughout the year;
part-time officer means an officer who is employed at any time on a basis which requires him or her to render part-time service;
pro rata in relation to a part-time officer means—
where—
Ais the total service in years and completed months of the part-time officer;
Bis the total service in years and completed months that the part-time officer would have rendered if he or she had been a full-time officer throughout his or her service as a part-time officer;
total service—
(a)in relation to a revised scheme member, means the total in years and completed months of his or her continuous recognised service, whether as a full‑time or part-time officer, or 30 years, whichever is the lesser; or
(b)in relation to a new scheme member, the total in years and completed months of his or her continuous recognised service whether as a full-time or part-time officer—
and where that total is relevant to the calculation of benefits on death or retirement on grounds of disability includes prospective service.
(2)The Board may recognise as a part-time officer an officer who is employed on an intermittent basis if it is satisfied that the total service required of that officer can be calculated annually in advance.
(3)If a full-time officer is employed on a part-time basis due to ill-health, the Board may recognise all or part of that part-time service as full-time employment.
25Service and prospective service of a part-time officer
(1)The service of a part-time officer is to be the proportion that his or her actual part-time service bears to the service that a comparable full-time officer would have been required to render.
(2)The prospective service of a part-time officer at any time is to be calculated on the proportion that his or her average service over the preceding 3 years or his or her period of membership of the State Superannuation Fund and the Fund (whichever is the lesser) bears to the service which would have been required of a comparable full-time officer over the same period.
26Act applies subject to principles and rules for part-time officers
(1)This Act applies to a part-time officer (other than an officer employed on that basis who has been recalled to service under section 76) subject to and in accordance with the principles and subject to the rules and modifications provided in this section.
(2)If—
(a)the service of a part-time officer follows continuously upon his or her service as a full-time officer; or
(b)the service of a full-time officer follows continuously upon his or her service as a part-time officer—
his or her period of service as a full-time officer is to be added to his or her period of service as a part-time officer.
(3)The contributions to be paid by a part-time officer are that proportion of the contributions that would be payable by a comparable full-time officer which the service of the part-time officer at the time the contributions fall due bears to the service of a comparable full-time officer.
(4)Where a contributor has been a full-time officer and a part-time officer his or her benefits on retirement or death are to be calculated pro rata to the benefits payable to a comparable full-time officer.
PART 5—ORIGINAL SCHEME MEMBERS
27Original scheme members
(1)Despite the repeal of the Superannuation Act 1958, an officer who is an original scheme member is entitled to contribute for units of pension and has the same benefits and rights under that Act as if that Act had not been repealed.
(2)Notwithstanding anything to the contrary in the Superannuation Act 1958, the payment of any benefit under that Act is subject to any relevant specified standards made under section 92A.
(3)An eligible salary sacrifice contributor may by notice in writing to the employing authority 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—
"M"is the applicable member contribution rate in accordance with the Superannuation Act 1958 without salary sacrifice;
"R"is the tax rate for the financial year on taxable contributions to the Fund under the Commonwealth Income Tax Assessment Act 1936.
(4)An election under subsection (3)—
(a)can only be made if there is in force an agreement between the employing authority and the member under which the employing authority can make the member contributions required by the Superannuation Act 1958 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 the Superannuation Act 1958.
(5)Member contributions made in accordance with the rate determined under subsection (3) are for the purposes of the Superannuation Act 1958 (other than the provisions relating to surchargeable contributions) to be taken to be—
(a)the member contributions required to be paid under the Superannuation Act 1958; and
(b)the member contributions that would have been payable if an election had not been made under subsection (3).
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.
(6)An election under subsection (3) does not affect the amount that would otherwise constitute the salary of the original scheme member for the purposes of the Superannuation Act 1958.
27AApplication of Family Law provisions to pensioners
(1)The Superannuation Act 1958 as in force immediately before its repeal continues to apply in respect of a person who became entitled to receive a pension under that Act subject to this section.
(2)For the purposes of this section—
(a)the provisions of Part 7A, with such modifications as are necessary to make those provisions consistent with the Superannuation Act 1958 as in force immediately before its repeal, are deemed to form part of the Superannuation Act 1958; and
(b)the Superannuation Act 1958 as in force immediately before its repeal is to be read and construed subject to—
(i)the provisions referred to in paragraph (a); and
(ii)any relevant specified standards made under section 92A(1)(ca) or 92A(1)(cb).
PART 6—REVISED SCHEME MEMBERS
Division 1—Contributions
28Contribution rates
(1)A revised scheme member must make contributions to the Fund determined in accordance with the following Table:
TABLE OF CONTRIBUTIONS
Age last birthdayContributions as a
percentage of salary15 years to 29 years 8×0% 30 years to 39 years 8×5% 40 years to 49 years 9×0% 50 years or older 9×5% (1A)An eligible salary sacrifice contributor may by notice in writing to the employing authority 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—
"M"is the applicable member contribution rate in accordance with subsection (1) without salary sacrifice;
"R"is the tax rate for the financial year on taxable contributions to the Fund under the Commonwealth Income Tax Assessment Act 1936.
(1B)An election under subsection (1A)—
(a)can only be made if there is in force an agreement between the employing authority and the member under which the employing authority 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).
(1C)Member contributions made in accordance with the rate determined under subsection (1A) are for the purposes of this Act (other than sections 71C to 71E) 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 (1A).
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.
(1D)An election under subsection (1A) does not affect the amount that would otherwise constitute the salary of the revised scheme member for the purposes of this Act.
(2)If a revised scheme member or a person to whom section 61(1) applies was entitled to contribute for optional units under the Superannuation Act 1958 he or she may—
(a)continue to pay or, with the approval of the Board after considering medical evidence, at any time elect to pay additional contributions fixed by the Board on the advice of an actuary appointed by the Board at regular periods; or
(b)within 1 month of retirement due to age elect to contribute an amount considered appropriate by the Board—
to entitle him or her to an additional pension equal to the pension that he or she would have been entitled if he or she had contributed for all his or her optional units.
(2A)Subsection (2) applies to any revised scheme member entitled to contribute for optional units under the Superannuation Act 1958 who elected to transfer to the Transport Superannuation Fund under section 4 of the Transport Superannuation Act 1988.
(3)If a revised scheme member was not contributing for all of his or her optional units as at l February 1975 or was holding fully paid up units under the Superannuation Act 1958 the Board may determine that his or her contributions to the Fund are to be based on a reduced amount of salary.
(4)If the Board recognises any service or further service for a revised scheme member after 30 June 1988, the Board may on the advice of an actuary appointed by the Board fix an additional contribution to be made by the revised scheme member.
(5)If a revised scheme member attains the age of 75 years no further contributions are to be made.
(6)Despite subsection (5), a revised scheme 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.
29Adjustment of contribution rates
(1)If the contribution that a revised scheme member is liable to contribute is increased because of—
(a)an increase in his or her salary; or
(b)having a birthday which places him or her in the next age range in the Table in section 28—
the contribution is to be adjusted as at the day in each calendar year fixed by the Board for the adjustment of contributions next following the date upon which he or she becomes so liable and the Board may fix one or more days in each calendar year.
(2)The contribution as adjusted is payable as from and inclusive of the pay day on or next following the day being 2 months after the day fixed under subsection (1).
* * * * *
Division 2—Benefits
31Pension on retirement through age or disability
(1)A revised scheme member is entitled to a pension on retirement on or after attaining the minimum age for retirement.
(2)Subject to this Act upon the retirement of a revised scheme member on the ground of disability he or she is entitled to a pension.
(3)A revised scheme member who became a contributor before 15 December 1970 is entitled to not less than the benefits and rights that he or she would have been entitled to under the Superannuation Act 1958.
32Minimum amount of pension
Except where this Act requires a pension to be actuarially determined the minimum amount of pension payable to any revised scheme member or to the partner of a revised scheme member or pensioner is $130 per annum.
33Amount of pension on retirement through age
(1)In this section—
Nrepresents the amount of the pension that would have been payable to the officer if the officer had continued to serve as an officer until attaining the age of 60 years and had then retired and as if his or her final average salary at retirement had been his or her final average salary at age 60 and counting the recognised service which would have been completed by that age;
YArepresents the period of recognised service of the officer before attaining the age of 60 years or 42 years whichever is the lesser;
YPrepresents the period of recognised service which the officer would have had if the officer had continued to serve as an officer until attaining the age of 60 years and had then retired or 42 years whichever is the lesser;
C60represents the lump sum factor at age 60 as specified in Schedule 1;
CRrepresents the lump sum factor specified in Schedule 1 with respect to the age in completed years and months at which the officer retires.
(2)A revised scheme member who retires at the age of 60 years and has completed recognised service of not less than 30 years is entitled to a pension equal to two-thirds of his or her final average salary.
(3)A revised scheme member who retires after the age of 60 years and has completed recognised service of not less than 30 years is entitled to a pension equal to two-thirds of his or her final average salary multiplied by—
(4)A revised scheme member who retires at or after the age of 60 years and has completed recognised service of less than 30 years is entitled to a pension calculated under subsection (2) or (3) reduced in the proportion that his or her recognised service bears to 30 years.
(5)A revised scheme member who retires on or after the minimum age for retirement but before attaining the age of 60 years is entitled to a pension equal to—
(6)Despite subsection (1), until 30 June 1988, C60 and CR are to be determined from Schedule 6 of the Superannuation Act 1958.
34Pension entitlement on retirement through disability
(1)A revised scheme member who retires on the ground of disability is entitled to his or her revised scheme member's pension.
* * * * *
(3)A pension under subsection (1) is to be paid from a date not later than the date of retirement of the revised scheme member as the Board determines.
(4)Despite subsection (3), if a revised scheme member—
(a)has retired on the ground of disability; and
(b)was absent from duty by reason of that disability before the date of his or her retirement; and
(c)has exhausted his or her entitlement to paid leave before the date of his or her retirement—
he or she may make an election under subsection (5) at his or her date of retirement.
(5)The revised scheme member may elect to receive a pension—
(a)calculated from the date on which he or she ceased to be entitled to paid leave at the rate applicable to his or her final average salary at that date; or
(b)at the rate applicable to the final average salary at the date of his or her retirement.
(6)If a revised scheme member elects to receive a pension in accordance with subsection (5)(a), he or she is entitled to a refund of any contributions made after the date on which his or her entitlement to paid leave ceased and interest at the rate which is the prescribed rate under section 46(1).
(7)Even though a revised scheme member may have been incapable of forming, or unwilling to form, an intention to retire, he or she is to be taken to have retired on the ground of disability for the purpose of this section if—
(a)the Board has determined under section 83 that he or she is unable by reason of disability to perform his or her duties; and
(b)within 6 months of the determination he or she is dismissed from his or her employment as an officer or that employment is otherwise terminated and no reason other than disability is given for the dismissal or termination.
(8)A revised scheme member who ceases employment after the commencement of section 20 of the Superannuation Legislation Amendment Act 2013 may at any time within the period of 6 years from the date on which they cease employment apply to the Board for the payment of a pension in accordance with this section.
(9)For the purposes of subsection (8), a reference in this section to the retirement of the revised scheme member is to be construed as a reference to the revised scheme member ceasing employment.
35Retirement or death after return from leave of absence
(1)This section applies to a revised scheme member who on or after the commencement of section 76 of the Superannuation Legislation Amendment Act 2010—
(a)returns to duty after being on leave of absence without pay; and
(b)retires on the ground of disability or dies.
(1A)The revised scheme member is entitled to benefits in accordance with this Act.
(2)If the revised scheme member made or was taken to have made an election under section 49(1)(a) the benefits payable are those appropriate to service benefits.
(3)If the revised scheme member made an election under section 49(1)(b) the benefits payable in respect of any increase in salary immediately on resuming duty are those appropriate to service benefits.
* * * * *
35ARegistration of names of adult children
(1)For the purposes of sections 36 and 37, a revised scheme member may register with the Board the name of a child (an adult child) of himself or herself or of his or her partner who—
(a)has attained the age of 18 years; and
(b)is a person with a disability as described in section 8(1) of the Disability Services Act 1986 of the Commonwealth; and
(c)wholly or partially relies on the revised scheme member for financial support.
(2)A person who is not registered under this section may lodge a claim in a form approved by the Board to be considered an adult child—
(a)on the death of a revised scheme member; or
(b)if the person is a child of a deceased revised scheme member, on the expiration of his or her child pension.
(3)In determining whether a registered person or claimant is an adult child, the Board must consider reports from at least 2 registered medical practitioners appointed by the Board as medical officers for the purposes of this Act.
(4)A determination under this section may be subject to regular reviews by the Board.
36Pension to partner, children or adult children on death of revised scheme member
(1)On the death of a revised scheme member before retirement there is to be paid—
(a)unless subsection (2) applies, to the partner during his or her life sixty-six and two-thirds per cent of the revised scheme member's pension; and
(b)to each child or adult child of the deceased revised scheme member a pension at the rate applicable under subsection (3) or the rate of $312 per annum, whichever is the greater.
(2)A partner is not entitled to receive—
* * * * *
(b)at any one time more than 1 pension as the partner of a deceased officer but is entitled to receive whichever of those pensions is the greater.
(3)The pension payable to a child or adult child of a revised scheme member under subsection (1) is—
(a)if there are not more than 2 eligible children and eligible adult children, an amount equal to eleven and one-ninth per cent of the revised scheme member's pension; or
(b)if there are 3 or more eligible children and eligible adult children, an amount equal to thirty-three and one-third per cent of the revised scheme member's pension divided by the number of eligible children and eligible adult children for the time being.
(4)If a revised scheme member had attained the age of 65 years and dies before retirement leaving a partner, the pension of the partner is to be determined under section 37 as if the revised scheme member had retired immediately before his or her death.
(5)In addition to any other pension payable under this section, if on the death of a revised scheme member before retirement—
(a)the Board is satisfied that the revised scheme member was during any continuous period of absence from duty immediately preceding his or her death incapable of performing his or her duties on the ground of disability; and
(b)the revised scheme contributor is survived by a partner—
the Board may authorise payment to the partner of a sum not exceeding the amount of pension which would have been payable to the revised scheme member if during the period of absence he or she had been in receipt of a pension under section 34.
(6)Contributions are not required to be made to the Fund for the period in respect of which an amount is calculated under subsection (5).
37Pension to partner, children or adult children on death of revised scheme member who is a pensioner
(1)On the death of a former revised scheme member who is a pensioner there is to be paid—
(a)unless subsection (2) applies, to the partner during his or her life a pension—
(i)equal to sixty-six and two-thirds per cent of the pension payable to the deceased at the time of his or her death; or
(ii)in the case of a deceased officer who has under section 39(5) converted part of his or her fortnightly pension entitlement to an equivalent entitlement by way of a lump sum payment or of a deceased officer in the railway service or a deceased person employed at the date of his or her death in the Public Transport Corporation whose pension entitlement has been reduced under section 51 of the Superannuation Act 1975, equal to sixty-six and two-thirds per cent of the pension that would have been payable to the deceased at the time of his or her death if he or she had not so converted part of his or her pension or if his or her pension entitlement had not been so reduced; or
(iii)at the rate of $130 per annum—
whichever is the greater; and
(b)to each child or adult child of the deceased pensioner a pension at the rate applicable under section 36(3) (adjusted in accordance with section 91 up to the date of death of the pensioner) or the rate of $312 per annum, whichever is the greater.
(2)A partner is not entitled to receive—
* * * * *
(b)at any one time more than 1 pension as the partner of a deceased pensioner but is entitled to receive whichever of those pensions is the greater.
(2A)Despite anything to the contrary in this Part, only one pension is payable in the case of the death of a deceased member or pensioner to a partner and if after the Board has made reasonable enquiries more than one person should appear to the Board to qualify for that pension then—
(a)if the member or pensioner has by request in writing to the Board directed that the pension be paid wholly to one of the persons qualified to receive it or that each is to be paid part, the Board must give effect to the expressed intentions;
(b)if paragraph (a) does not apply, the Board must determine in accordance with subsection (2B) which of the persons who qualifies is to receive the pension or apportion it between them as the Board considers appropriate.
(2B)In making a determination under subsection (2A)(b), the Board must consider all of the circumstances of the relationship between the deceased member or pensioner and each person who may qualify for a pension as a partner or former partner of the deceased member or pensioner, including, if applicable—
(a)the period of time for which that person was in a relationship with the member or pensioner;
(b)the period of time since the relationship between that person and the member or pensioner has ended;
(c)the financial dependency of that person on the member or pensioner at the date of death of the member or pensioner;
(d)whether that person has any dependent children from his or her relationship with the member or pensioner;
(e)any submissions made by that person to the Board under subsection (2C);
(f)any other factor that the Board considers relevant.
(2C)A person who was the partner of the deceased member or pensioner may make written submissions to the Board as to his or her eligibility for a pension as a partner or former partner of the deceased member or pensioner.
(3)If a person becomes the partner of a pensioner after the pensioner's retirement, a pension is not payable to the partner on the death of the pensioner unless—
(a)at the time that the person became the pensioner's partner, the pensioner was receiving a pension under section 34 or 63; or
(b)the person became the pensioner's partner at least 2 years before the pensioner's death.
* * * * *
(5)A partner of a pensioner who became the pensioner's partner after the pensioner's retirement is not entitled to receive at the same time a pension as a surviving partner and as a former contributor but is entitled to whichever of those pensions is the greater.
38Re-instatement of pension cancelled on the ground of re‑marriage
(1)This section applies to a person who—
(a)received a pension under section 36 or 37 as the partner of a deceased revised scheme member or pensioner; and
(b)as a result of re-marriage, had their entitlement to that pension cancelled.
(2)A person to whom this section applies may apply in writing to the Board to receive a pension under section 36 or 37.
(3)The Board must grant an application made under subsection (2) if the Board is satisfied that—
(a)the applicant is a person to whom this section applies; and
(b)the applicant would be entitled to a pension under section 36 or 37 as the partner of a deceased revised scheme member or pensioner but for the re-marriage.
(4)If the Board grants an application made under subsection (2), the person is entitled to be paid a pension in accordance with section 36 or 37 as from the date on which the application was made.
39Pensioner may elect to convert whole of or part of pension entitlement to a lump sum payment entitlement
(1)A pensioner under the Superannuation Act 1958 who has not converted any part of his or her pension to a lump sum or who is receiving a pension under section 33 or whose pension has been reduced under section 67 and who has not made an election under subsection (3), may within the period of 3 months immediately prior to attaining the age of 65 years elect in writing to convert the whole of or not more than 50 per cent of the pensioner's fortnightly pension entitlement and the fortnightly pension entitlement of his or her partner following his or her death to an equivalent entitlement by way of a lump sum payment as determined in accordance with Schedule 1.
(2)If a pensioner makes an election under subsection (1), he or she is entitled to the lump sum payment when he or she attains the age of 65 years and his or her pension and the pension of his or her partner are reduced by the amount of the pension entitlement converted to a lump sum on the day on which he or she becomes entitled to the lump sum payment.
(3)A revised scheme member or pensioner who is or will be entitled to a pension under section 33, or a person who is or will be entitled to an age retirement pension under the Superannuation Act 1958 may within the period commencing 3 months prior to his or her retirement and ending 3 months after his or her retirement (or any later date fixed by the Board) elect in writing to convert the whole of or not more than 50 per cent of the pensioner's fortnightly pension entitlement and the fortnightly pension entitlement of his or her partner following his or her death to an equivalent entitlement by way of lump sum payment as determined in accordance with Schedule 1.
(4)If a person makes an election under subsection (3), he or she is entitled to the lump sum payment on retirement or on the day on which he or she makes the election (whichever is the later) and his or her pension and the pension of his or her partner are reduced by the amount of the pension entitlement converted to a lump sum on the day on which he or she becomes entitled to the lump sum payment.
(5)A person making an election under subsection (1) or (3) may request that no proportion of the fortnightly pension entitlement of his or her partner following his or her death is to be converted into a lump sum payment.
(6)If subsection (5) applies, Schedule 1 has effect as if each lump sum factor specified in column 2 of Schedule 1 was reduced by $2.00.
(7)This section does not enable a revised scheme member or pensioner who after he or she has attained the minimum age for retirement has received a pension under section 34 or 63 to elect to convert any of his or her fortnightly pension entitlement under section 33 to a lump sum entitlement unless that member or pensioner has resumed duty and was on duty during the whole of the period of 12 months immediately prior to his or her retirement on account of age.
(8)A person is not entitled to make more than 1 election under this section unless the Board otherwise determines.
40Partner of a pensioner aged 60 years or over entitled to convert part of pension to a lump sum
(1)A person who is aged 60 years or over and is entitled to a pension as the partner of a revised scheme member or former revised scheme member, or is entitled to a pension under the Superannuation Act 1958 as a result of the death of a contributor or pensioner within the meaning of that Act (other than as a child of the contributor or pensioner) may—
(a)within 12 months of attaining the age of 60 years; or
(b)within the period of 12 months immediately after the death of the member, former member, contributor or pensioner—
* * * * *
elect in writing to convert the whole of or part of his or her fortnightly pension entitlement to a lump sum payment as determined by the Board in accordance with actuarial advice.
(2)A person must elect under subsection (1) to convert to an equivalent lump sum payment an amount—
(a)equal to the whole; or
(b)not greater than 50 per cent—
of his or her fortnightly pension entitlement.
(3)A person who makes an election under subsection (1) is entitled to the lump sum payment on the day on which the election is made.
(4)The person's pension is to be reduced by the amount of the pension entitlement converted to a lump sum on the day on which the person becomes entitled to the lump sum payment.
41Partner of deceased revised scheme member under age 60 may convert whole of pension to a lump sum
(1)A person—
(a)entitled to a pension as the partner of a revised scheme member or former revised scheme member, or entitled to a pension under the Superannuation Act 1958 as a result of the death of a contributor or pensioner within the meaning of that Act (other than as a child of the contributor or pensioner); and
(b)who is under the age of 60 years at the date of death of the member, former member, contributor or pensioner—
may within the period of 12 months immediately after the death elect in writing to convert his or her fortnightly pension entitlement to a lump sum payment equal to the annual pension entitlement of that person immediately prior to his or her election multiplied by 7.
(2)A person who makes an election under subsection (1) is entitled to the lump sum payment on the day on which the election is made and the person's pension ceases to be payable on that day.
* * * * *
43Payment on death of revised scheme member before retirement
(1)If on the death of a revised scheme member a pension is not payable to a partner under section 36 or 37 there is to be paid to his or her personal representative the actual amount contributed by him or her to the State Superannuation Fund and the Fund and interest at the rate which is the prescribed rate under section 46(1) less the amount certified by an actuary appointed by the Board as being necessary to pay any pension payable to his or her children.
(2)This section does not apply if a pension was payable under section 36 or 37 and has been wholly converted into a lump sum.
44Retrenchment of revised scheme member
(1)A revised scheme member who is retrenched is entitled—
(a)to a lump sum payment of an amount equal to—
; or
(b)to elect either to take a lump sum payment under paragraph (a) or a deferred pension equal to—
—
where N, YA, YP and C60 have the same meanings as in section 33(1) and C has the same meaning as in section 46(2).
(2)If an election is not made under subsection (1)(b) the Board must determine the benefits to which the revised scheme member is entitled.
(3)If a revised scheme member who has been retrenched re-enters the service—
(a)his or her entitlement to a deferred pension under subsection (1)(b) is not affected; and
(b)he or she must contribute under Part 7 and is not entitled to claim any further benefit in respect of his or her previous service.
45Rights of statutory officer
If a revised scheme member—
(a)has not attained the minimum age for retirement; and
(b)has been or is appointed for a term of years to a statutory office; and
(c)is not re-appointed to that office; and
(d)ceases to be an officer—
he or she is entitled to the same benefits as he or she would be entitled under section 44(1).
46Rights on resignation
(1)Subject to subsection (4), if a revised scheme member resigns, he or she may elect within 1 month of his or her resignation to receive either—
(a)a cash benefit equal to the amount of the contributions paid by him or her and interest at the prescribed rate and a deferred pension calculated in accordance with the formula:
; or
(b)a cash benefit equal to the amount of the contributions due and paid by him or her during the last X years and interest at the prescribed rate and a deferred pension calculated in accordance with the formula:
.
(2)For the purposes of subsection (1) N, YA and YP have the same meanings as in section 33(1) and C means the contribution factor in accordance with the following Table with values for intermediate ages being calculated to the lower 0.01:
TABLE
Age Factor 50 1.00 45 .90 40 .80 35 .70 30 or less .60
X means the lesser of—
(a)the excess (if any) of 50 years over the age of the officer in years and completed months; and
(b)5 years.
(2A)For the purposes of subsections (1) and (2) recognised service included in "YA" and "YP" includes unpaid parental leave up to 12 months for each confinement if the revised scheme member has returned for at least 12 months of paid employment after the period of unpaid parental leave and any period of unpaid leave during which contributions have been paid under section 49.
(3)If a revised scheme member elects to receive a lesser cash benefit the Board on the advice of an actuary appointed by the Board must grant an additional amount of deferred pension.
(4)Subsection (1) does not apply in respect of any person who—
(a)has received a pension following retirement on the ground of disability; and
(b)subsequently re-enters or is re-employed in the service—
unless that person continues to make contributions for a period of not less than 12 months.
(5)If a revised scheme member does not make an election under subsection (1), the Board must determine the benefits to which the revised scheme member is entitled.
(6)Despite subsection (1), if a revised scheme member is entitled to a deferred pension equal to less than 1 per cent of salary, he or she may elect to receive an equivalent cash benefit.
47Provisions applying to deferred pensions
(1)If a revised scheme member was not contributing for all of his or her optional units under the Superannuation Act 1958 the Board must make an appropriate adjustment in calculating the deferred pension under section 44, 45, 46 or 61.
(2)If a person who is entitled to a deferred pension is not a pensioner but is unable to work because of a disability this Act applies with such adaptations as are necessary in all respects as if he or she was a contributor who had become unable to perform his or her duties because of disability but—
(a)section 34(1) applies as if any reference to "revised scheme member's pension" was a reference to "pension which he or she had elected to receive on attaining the age of 60 years"; and
(b)any pension under this subsection may cease to be payable during any period the Board thinks fit.
(3)On the death of a person who is entitled to a deferred pension and is not a pensioner, he or she is deemed to have been a revised scheme member at the date of his or her death and this Act applies accordingly but the pension to which his or her partner is entitled is to be two-thirds of the pension which the deceased would have received on attaining the age of 60 years.
* * * * *
(5)If a person who is entitled to a deferred pension has a partner after becoming so entitled, a pension is not payable upon his or her death to his or her partner or in respect of any children of that partner and that person, born after becoming his or her partner.
(6)Subject to subsection (6A), section 39 applies to a person entitled to a deferred pension as if he or she was a revised scheme member entitled to a pension under section 33 at the time the deferred pension became payable.
(6A)Section 39 applies to a person who becomes entitled to a deferred benefit under section 46(1)(a) on or after 1 April 1991 as if—
(a)he or she was a revised scheme member entitled to a pension under section 33 at the time the deferred pension became payable; and
(b)the Board had determined under section 39(8) that 2 elections could be made; and
(c)the cash benefit paid under section 46(1)(a) is the lump sum equivalent to 20 per cent of the deferred pension.
(7)The deferred pension is payable upon the revised scheme member attaining the age of 60 years.
(8)A revised scheme member may elect to receive a deferred pension at any time after attaining the minimum age for retirement.
(9)If a revised scheme member makes an election under subsection (8) the deferred pension must be multiplied by—
where C60 and CR have the same meanings as in section 33(1).
(10)A revised scheme member who is entitled to a deferred pension under section 44(1)(b), 44(2), 45, 46(1)(a) or 46(1)(b) may elect in writing to the Board to—
(a)convert the entitlement to a lump sum; and
(b)have the lump sum rolled over or transferred within the superannuation system as nominated by the revised scheme member.
(10A)A person who is entitled to a deferred pension or a deferred benefit under the Superannuation Act 1958 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 person.
(11)The method of calculating the conversion under subsection (10) or (10A) is to be determined by the Minister on the advice of an actuary appointed by the Board.
48Payments to children and adult children
(1)If a benefit is not payable to a partner of a revised scheme member the pension for each child or adult child of the revised scheme member is to be at the rate applicable under subsection (2) or at the rate of $624 per annum whichever is the greater.
(2)The pension payable to each child or adult child of a revised scheme member is—
(a)if there is 1 eligible child or eligible adult child, an amount equal to 45 per cent of the revised scheme member's pension; or
(b)if there are 2 eligible children or eligible adult children or both an eligible child and an eligible adult child, an amount equal to 40 per cent of the revised scheme member's pension; or
(c)if there are 3 or more eligible children and eligible adult children, an amount equal to the revised scheme member's pension divided by the number of eligible children and eligible adult children in respect of whom the pension is for the time being payable.
(3)This section does not apply if a pension was payable under section 36 or 37 and has been wholly converted into a lump sum.
49Election in respect of leave of absence without pay
(1)A revised scheme member who is on leave of absence without pay (except leave on the grounds of ill health) for at least 4 weeks may in respect of the period of the leave elect—
(a)to pay no contributions; or
(b)to pay contributions at half the rate of the contributions which would be payable by the revised scheme member if he or she had not taken leave and had continued to work at the salary payable to him or her on the date on which the leave commences or at such other rate as is first determined by an actuary after the commencement of section 111(1) of the Superannuation Acts (Amendment) Act 1996 and thereafter during an actuarial investigation under section 23 and which is specified in the actuary's report and after the commencement of the Superannuation Legislation (Governance Reform) Act 2005, during an actuarial investigation under section 19 of the Emergency Services Superannuation Act 1986 and which is specified in the actuary's report; or
(c)to pay contributions at 4 times the rate of contributions which would be payable by him or her if he or she had not taken the leave and had continued to work at the salary which would have been payable to him or her during the period of the leave.
(2)The election is of no effect unless—
(a)it is made in writing; and
(b)it is made not later than 1 month from the date on which the leave commences; and
(c)if subsection (3) applies, 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.
* * * * *
(3)The Board may, on the application of that person permit the contributions payable in accordance with the election to be paid by him or her during his or her absence in smaller sums and at periods as the Board determines.
(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 beneficiary.
(6)The method of calculating the conversion under subsection (5) is to be determined by the Minister on the advice of an actuary appointed by the Board.
102Continued application of medical classification provisions
Despite the repeal of sections 62, 63, 64, 65, 84 and 87 by sections 88 and 95 of the Superannuation Legislation Amendment Act 2010, those sections, as in force immediately before the commencement of those repeals, continue to apply to any person who was a pensioner immediately before the commencement of those repeals.
* * * * *
SCHEDULES
SCHEDULE 1—LUMP SUM PAYMENT FOR EACH $1.00 OF ANNUAL PENSION
| Column 1 Age | Column 2 Lump sum factor $ cts | Column 3 Lump sum factor to be subtracted from factor in Column 2 for each completed month of age $ cts |
| 50 | 15.20 | 0.0333 |
| 51 | 14.80 | 0.0250 |
| 52 | 14.50 | 0.0250 |
| 53 | 14.20 | 0.0250 |
| 54 | 13.90 | 0.0250 |
| 55 | 13.60 | 0.0167 |
| 56 | 13.40 | 0.0167 |
| 57 | 13.20 | 0.0167 |
| 58 | 13.00 | 0.0167 |
| 59 | 12.80 | 0.0167 |
| 60 | 12.60 | 0.0167 |
| 61 | 12.40 | 0.0083 |
| 62 | 12.30 | 0.0083 |
| 63 | 12.20 | 0.0083 |
| 64 | 12.10 | 0.0083 |
| 65 | 12.00 |
Note: The lump sum for any age over 65 years is to be determined by an actuary appointed by the Board.
SCHEDULE 2
Australian Catholic University Limited
Deakin University
Federation University Australia
La Trobe University
Monash University
Royal Melbourne Institute of Technology
Swinburne University of Technology
The University of Melbourne
Victoria University
═══════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 14 April 1988
Legislative Council: 5 May 1988
The long title for the Bill for this Act was "A Bill to provide improved benefits under the State Superannuation Fund, to introduce a new scheme for new officers, to repeal the Superannuation Act 1958 and certain other Acts, to make consequential amendments to certain other Acts and for other purposes.".
The State Superannuation Act 1988 was assented to on 24 May 1988 and came into operation as follows:
Section 93(3) on 1 July 1987: section 2(1); section 93(4) on 27 November 1987: section 2(2); Part 1, Division 2 of Part 6, section 91 on 1 January 1988: section 2(3); rest of Act on 1 July 1988: Government Gazette 1 June 1988 page 1487.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the State Superannuation Act 1988 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
County Court (Amendment) Act 1989, No. 19/1989
Assent Date: 16.5.89 Commencement Date: 1.8.89: Government Gazette 26.7.89 p. 1858 CurrentState: All of Act in operation
State Casual Employees Superannuation Act 1989, No. 20/1989
Assent Date: 16.5.89 Commencement Date: 1.7.89: Government Gazette 7.6.89 p. 1358 CurrentState: All of Act in operation
Transport (Amendment) Act 1989, No. 44/1989
Assent Date: 6.6.89 Commencement Date: S. 41(Sch. 2 item 40) on 1.7.89: s. 2(1) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date: 14.6.89 Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.89: Government Gazette 25.7.90 p. 2217 CurrentState: All of Act in operation
Accident Compensation (General Amendment) Act 1989, No. 64/1989
Assent Date: 29.9.89 Commencement Date: S. 36 on 1.7.90: Government Gazette 21.2.90 p. 518 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Acts (Miscellaneous Amendments) Act 1990, No. 72/1990
Assent Date: 4.12.90 Commencement Date: Ss 6, 7(1)(2) on 1.7.88: s. 2(2); s. 7(3) on 4.12.90: s. 2(4); ss 3–5, 8 on 19.12.90: Government Gazette 19.12.90 p. 3751 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
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
Assent Date: 26.11.92 Commencement Date: Pt 1 (ss 1, 2) on 26.11.92; rest of Act on 27.11.92: Special Gazette (No. 63) 27.11.92 p. 1 CurrentState: All of Act in operation
Tertiary Education Act 1993, No. 18/1993
Assent Date: 18.5.93 Commencement Date: S. 34 on 1.7.93: Government Gazette 3.6.93 p. 1414 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation (Compliance) Act 1993, No. 54/1993
Assent Date: 8.6.93 Commencement Date: S. 11 on 1.7.92: s. 2(2); s. 10 on 8.6.93: s. 2(1) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Public Sector Superannuation (Administration) Act 1993, No. 110/1993
Assent Date: 30.11.93 Commencement Date: S. 79 on 1.7.88: s. 2(2); ss 80, 84(1)(2), 89 on 30.6.92: s. 2(3); ss 70(1)(a)–(c)(e), 73–76, 81, 83, 84(3), 85–88 on 30.11.93: s. 2(1); ss 70(1)(d)(f)(2), 71, 72, 77, 78, 82, 90 on 1.1.94: s. 2(6) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
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 84) on 1.1.95: Government Gazette 28.7.94 p. 2055 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Acts (Amendment) Act 1994, No. 58/1994
Assent Date: 15.6.94 Commencement Date: S. 4 on 30.11.93: s. 2(2); ss 7, 8, 10 on 1.1.94: s. 2(3); rest of Act on 15.6.94: s. 2(1) CurrentState: All of Act in operation
Superannuation Acts (Further Amendment) Act 1994, No. 120/1994
Assent Date: 20.12.94 Commencement Date: Ss 60, 61, 64 on 1.1.94: s. 2(6); ss 53, 57, 59 on 1.7.94: s. 2(7A); ss 54, 56, 58, 62, 63, 65 on 20.12.94: s. 2(1); s. 55 on 1.2.95: s. 2(9) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Equal Opportunity Act 1995, No. 42/1995
Assent Date: 14.6.95 Commencement Date: S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 38 on 1.1.96: Government Gazette 21.12.95 p. 3571 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Acts (General Amendment) Act 1995, No. 64/1995
Assent Date: 27.6.95 Commencement Date: Ss 39, 41 on 1.7.95: s. 2(2); ss 38, 40 on 1.11.95: s. 2(4) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995
Assent Date: 5.12.95 Commencement Date: S. 32(Sch. 2 item 9) on 5.12.95: s. 2(1) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Acts (Miscellaneous Amendments) Act 1995, No. 102/1995
Assent Date: 5.12.95 Commencement Date: S. 28 on 1.7.95: s. 2(2); ss 22–25 on 5.12.95: s. 2(1); ss 26, 27 on 12.2.96: s. 2(4) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Acts (Amendment) Act 1996, No. 4/1996
Assent Date: 18.6.96 Commencement Date: S. 110(3) on 1.7.88: s. 2(2); s. 110(4) on 30.11.93: s. 2(3); s. 106(2) on 5.12.95: s. 2(6); s. 107 on 19.12.95: s. 2(7); s. 118 on 1.5.96: s. 2(10); ss 109, 110(1)(2)(5), 111–113 on 31.5.96: s. 2(11); ss 114, 116 on 18.6.96: s. 2(1); ss 106(1), 108, 115, 117 on 30.6.96: s. 2(12) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Acts (Further Amendment) Act 1996, No. 82/1996
Assent Date: 23.12.96 Commencement Date: Ss 58–67 on 1.1.97: s. 2(4) CurrentState: This information relates only to the provision/s amended the State Superannuation Act 1988
Superannuation Acts (Miscellaneous Amendment) Act 1997, No. 50/1997
Assent Date: 11.6.97 Commencement Date: S. 9 on 1.6.97: s. 2(2); ss 12, 18(4) on 11.6.97: s. 2(1) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998
Assent Date: 26.5.98 Commencement Date: S. 42(5) on 18.4.98: s. 2(3) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
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 Superannuation Act 1988
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 84) on 1.7.98: Government Gazette 18.6.98 p. 1512 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Acts (Amendment) Act 1998, No. 84/1998
Assent Date: 17.11.98 Commencement Date: Ss 45–49 on 17.11.98: s. 2(1) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Government Superannuation Act 1999, No. 8/1999
Assent Date: 11.5.99 Commencement Date: S. 51 on 1.7.99: s. 2(1) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Public Sector Reform (Further Amendments) Act 1999, No. 12/1999
Assent Date: 11.5.99 Commencement Date: S. 4(Sch. 2 item 13) on 11.5.99: s. 2(1) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Acts (Further Amendment) Act 1999, No. 13/1999
Assent Date: 11.5.99 Commencement Date: Ss 12–14 on 11.5.99: s. 2(1) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Acts (Amendment) Act 2000, No. 29/2000
Assent Date: 30.5.00 Commencement Date: Ss 14, 15 on 31.5.00: s. 2(1) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Acts (Beneficiary Choice) Act 2000, No. 95/2000
Assent Date: 5.12.00 Commencement Date: Ss 4, 5, 7 on 6.12.00: s. 2(1); ss 3, 6 on 1.7.01: s. 2(6) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Statute Law Amendment (Relationships) Act 2001, No. 27/2001
Assent Date: 12.6.01 Commencement Date: S. 5(Sch. 3 item 5) on 23.8.01: Government Gazette 23.8.01 p. 1927 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Unclaimed Moneys and Superannuation Legislation (Amendment) Act 2001, No. 73/2001
Assent Date: 7.11.01 Commencement Date: Ss 6, 7 on 6.12.00: s. 2(2); s. 5 on 1.7.01: s. 2(3) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Acts (Family Law) Act 2003, No. 70/2003
Assent Date: 14.10.03 Commencement Date: S. 21 on 16.6.96: s. 2(4); s. 29(1) on 30.6.96: s. 2(2); s. 27 on 6.12.00: s. 2(5); ss 18–20, 22–26, 28, 29(2)(3), 30–32 on 15.10.03: s. 2(1) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Treasury and Finance Legislation (Amendment) Act 2004, No. 40/2004
Assent Date: 8.6.04 Commencement Date: Ss 28–38 on 9.6.04: s. 2(1) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Parliamentary Superannuation Legislation (Reform) Act 2004, No. 78/2004
Assent Date: 9.11.04 Commencement Date: Ss 14, 15 on 10.11.04: s. 2(1) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 189) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Parliamentary Administration Act 2005, No. 20/2005
Assent Date: 24.5.05 Commencement Date: S. 52(4) on 1.7.05: s. 2(4) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Higher Education Acts (Amendment) Act 2005, No. 40/2005
Assent Date: 27.7.05 Commencement Date: S. 129(2) 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 Superannuation Act 1988
Superannuation Legislation (Governance Reform) Act 2005, No. 94/2005
Assent Date: 29.11.05 Commencement Date: Ss 36–49 on 1.12.05: s. 2 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Health Professions Registration Act 2005, No. 97/2005
Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 48) on 1.7.07: s. 2(3) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Education and Training Reform Act 2006, No. 24/2006
Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 38) on 1.7.07: Government Gazette 28.6.07 p. 1304 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Legislation Amendment (Contribution Splitting and Other Matters) Act 2007, No. 37/2007
Assent Date: 14.8.07 Commencement Date: Ss 26–42 on 15.8.07: s. 2 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Relationships Act 2008, No. 12/2008
Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 58) on 1.12.08: s. 2(2) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Legislation Amendment Act 2008, No. 43/2008
Assent Date: 26.8.08 Commencement Date: S. 21 on 27.8.08: s. 2 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Education and Training Reform Further Amendment Act 2008, No. 70/2008
Assent Date: 25.11.08 Commencement Date: S. 42 on 29.1.09: Special Gazette (No. 16) 29.1.09 p. 1 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009
Assent Date: 10.2.09 Commencement Date: S. 37(Sch. 1 item 23) on 1.12.09: s. 2(2) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Legislation Amendment Act 2009, No. 38/2009
Assent Date: 30.6.09 Commencement Date: Ss 28–31 on 1.7.09: s. 2(1) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010
Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 52) on 1.7.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Legislation Amendment Act 2010, No. 40/2010
Assent Date: 30.6.10 Commencement Date: Ss 72–96 on 1.7.10: Government Gazette 1.7.10 p. 1359 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Subordinate Legislation Amendment Act 2010, No. 78/2010
Assent Date: 19.10.10 Commencement Date: S. 24(Sch. 1 item 31) on 1.1.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Integrity Legislation Amendment Act 2013, No. 28/2013
Assent Date: 15.5.13 Commencement Date: S. 7 on 1.1.13: s. 2(2) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
University of Ballarat Amendment (Federation University Australia) Act 2013, No. 50/2013
Assent Date: 10.9.13 Commencement Date: S. 13 on 1.1.14: s. 2 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Legislation Amendment Act 2013, No. 61/2013
Assent Date: 22.10.13 Commencement Date: Ss 20–22 on 1.7.14: s. 2(2) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014
Assent Date: 27.6.14 Commencement Date: S. 5 on 28.6.14: s. 2(1); s. 33(Sch. item 27) on 30.6.14: s. 2(5) Current State: This information relates only to the provision/s amending the State Superannuation Act 1988
Superannuation Legislation Amendment Act 2019, No. 36/2019
Assent Date: 22.10.19 Commencement Date: S. 14 on 23.10.19: s. 2(1) CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024
Assent Date: 10.9.24 Commencement Date: S. 113(Sch. 1 item 35) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 CurrentState: This information relates only to the provision/s amending the State Superannuation Act 1988
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
No entries at date of publication.
0
0
0