State Superannuation (Revised Scheme Medical Classifications) Regulations 2019 (Vic)

Version No. 001

State Superannuation (Revised Scheme Medical Classifications) Regulations 2019

S.R. No. 33/2019

Version as at

26 May 2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Revocation

5Definitions

6Full benefits payable

7Limited contributors

8Service benefits contributors

9Death benefits

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

State Superannuation (Revised Scheme Medical Classifications) Regulations 2019

S.R. No. 33/2019

Version as at

26 May 2019

1Objective

The objective of these Regulations is to specify the greater benefits payable under section 63(b) of the State Superannuation Act 1988, as in force immediately before its repeal by section 88 of the Superannuation Legislation Amendment Act 2010[1], when a revised scheme member who is a limited contributor becomes disabled or when a revised scheme member who is a service benefits contributor dies or becomes disabled.

2Authorising provisions

These Regulations are made under section 92 of the State Superannuation Act 1988.

3Commencement

These Regulations come into operation on 26 May 2019.

4Revocation

The State Superannuation (Revised Scheme Medical Classifications) Regulations 2009[2] are revoked.

5Definitions

In these Regulations—

membership means the period in years for which a revised scheme member has made contributions to the State Superannuation Fund or the Fund, including contributions under section 49 of the Act and other unpaid parental leave which is recognised as service under the Act;

the Act means the State Superannuation Act 1988;

total membership means the years of membership the officer could have completed from commencement of membership until the age of 60 years.

6Full benefits payable

A revised scheme member who has been classified as a limited or a service benefits contributor must for the purposes of calculating benefits be deemed to be a full benefits contributor if—

(a)the membership of the revised scheme member is not less than 20 years; or

(b)the revised scheme member has reached the age of 60 years; or

(c)the Board is of the opinion that the death or disability of the revised scheme member was not caused or substantially contributed to by a condition related to the reasons for the medical classification.

7Limited contributors

Subject to regulation 6, if a revised scheme member who has been classified as a limited contributor retires on the grounds of disability, the pension payable is equal to the sum of—

(a)two-thirds of the revised scheme member's pension; and

(b)one-third of the revised scheme member's pension multiplied by

; and

(c)five per cent per year of membership (subject to a maximum of 20 years) of the amount of the revised scheme member's pension reduced by the total of the amounts specified in paragraphs (a) and (b).

8Service benefits contributors

Subject to regulation 6, if a revised scheme member who has been classified as a service benefits contributor retires on the grounds of disability before the age of 60 years, the pension payable is equal to the sum of—

(a)ten per cent of the revised scheme member's pension; and

(b)ninety per cent of the revised scheme member's pension multiplied by

; and

(c)five per cent per year of membership (subject to a maximum of 20 years) of the amount of the revised scheme member's pension reduced by the total of the amounts specified in paragraphs (a) and (b).

9Death benefits

Subject to regulation 6, on the death of a revised scheme member who has been classified as a service benefits contributor, the revised scheme member's pension for the purposes of section 36(1) and (3) of the Act must be calculated in accordance with regulation 8.

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Endnotes

1   General information

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

The State Superannuation (Revised Scheme Medical Classifications) Regulations 2019, S.R. No. 33/2019 were made on 21 May 2019 by the Governor in Council on the recommendation of the Emergency Services Superannuation Board under section 92 of the State Superannuation Act 1988, No. 50/1988 and came into operation on 26 May 2019: regulation 3.

The State Superannuation (Revised Scheme Medical Classifications) Regulations 2019 will sunset 10 years after the day of making on 21 May 2029 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

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

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

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

•     Punctuation

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

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the State Superannuation (Revised Scheme Medical Classifications) Regulations 2019 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

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

4   Explanatory details

[1] Section 102 of the State Superannuation Act 1988 provides that despite the repeal of section 63, that section as in force immediately before its repeal continues to apply to any person who was a pensioner immediately before the commencement of that repeal.

[2] Reg. 4: S.R. No. 57/2009.