Superannuation Acts (Amendment) Act 1998 (Vic)
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 1 PART 2—AMENDMENT OF EMERGENCY SERVICES
SUPERANNUATION ACT 1986 3
3. Definition of contributor 3 4. Salary 3 5. Superannuation Contributions Tax Compliance 4 6. Vacancies on Board 4 7. Section 9 substituted 5
9. Deputies 5
8. Separate employer accounts 6 9. Participating employer 6 10. Membership 6 11. Payment of benefits 7 12. Beneficiaries Accounts 7 13. Section 22D inserted 7
22D. Commutation of pension not exceeding declared rate 8
14. Early release of benefits 8 15. Tax file numbers 8 PART 3—AMENDMENT AND REPEAL OF HOSPITALS
SUPERANNUATION ACT 1988 10
16. Superannuation Contributions Tax Compliance 10 17. Members of Board 11 18. Vacancies on Board 11 19. New section 25TA inserted 11 25TA. Commutation of pension not exceeding declared rate 11 20. Contributions by participating authorities 12 21. Preservation component of resignation benefit 12 22. Membership 12 23. References to Fund 13 24. Disability and death cover 13
i
Section Page
25. Amendment of sections 40HA and 40HB 14 26. Payment of benefits 15 27. Application for disability benefits 15 28. Amendment of section 41 16 29. Tax file numbers 16 30. Early release of benefits 16 31. Repeal 16 PART 4—AMENDMENT OF PARLIAMENTARY SALARIES
AND SUPERANNUATION ACT 1968 17
32. Superannuation Contributions Tax Compliance 17 PART 5—AMENDMENT OF PUBLIC SECTOR
SUPERANNUATION (ADMINISTRATION) ACT 1993 18
33. Superannuation Contributions Tax Compliance 18 34. Vacancies on Board 19 35. Membership 19 36. Payment of benefits 20 37. Early release of benefits 21 38. Tax file numbers 21 39. State Casual Employees Superannuation 21
68C. Provisions relating to SCES 21
40. Transfer of HSF 22
68D. Provisions relating to HSF 22
PART 6—AMENDMENT OF STATE EMPLOYEES
RETIREMENT BENEFITS ACT 1979 25
41. Superannuation Contributions Tax Compliance 25 42. Payments to the Board 26 43. New section 65A inserted 26
65A. Commutation of pension not exceeding declared rate 26
44. Tax file numbers 27 PART 7—AMENDMENT OF STATE SUPERANNUATION ACT
1988 28
45. Definition of "contract officer" 28 46. Superannuation Contributions Tax Compliance 28 47. New section 67B inserted 29
67B. Commutation of pension not exceeding declared rate 29
48. Tax file numbers 30 49. Payments into Fund by employing authority 30 PART 8—AMENDMENT OF SUPERANNUATION
(PORTABILITY) ACT 1989 31
ii
Section Page
50. Options relating to certain members 31 PART 9—AMENDMENT OF TRANSPORT SUPERANNUATION
ACT 1988 32
51. Definition of "contract officer" 32 52. Superannuation Contributions Tax Compliance 32 53. Contributions by transport authorities 33 54. Amendment of section 31 33 55. New section 36A inserted 33
36A. Commutation of pension not exceeding declared rate 33
56. Tax file numbers 34
PART 10—MISCELLANEOUS 35
57. Revocation of spent Regulations 35
═══════════════
NOTES 36
iii
Victoria
No. 84 of 1998
Superannuation Acts (Amendment) Act
1998†
[Assented to 17 November 1998]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to make miscellaneous amendments to specified Superannuation Acts.
2. Commencement
(1) Subject to sub-sections (2) and (3), this Act comes
into operation on the day on which it receives the
Royal Assent.
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 2
(2) Sections 31 and 40 come into operation on
1 January 1999.
(3) Section 39 is deemed to have come into operation on 18 June 1996.
_______________
Superannuation Acts (Amendment) Act 1998
| s. 3 | Act No. 84/1998 |
PART 2—AMENDMENT OF EMERGENCY SERVICES
SUPERANNUATION ACT 1986
3. Definition of contributor
In section 3 of the Emergency Services
Superannuation Act 1986, for the definition of
"contributor" substitute—
' "contributor" means an employee who will be,is, or has been, liable to contribute to the Scheme under Part 3 with respect to the entitlement to benefits under that Scheme;'.
4. Salary
(1) In section 4(1E)(f) of the Emergency Services
Superannuation Act 1986 omit "for the purposes
of sections 20C, 20D, 20E, 20F(1), 20G(1),
20G(3)(a), 20J and 20K".
(2) In section 20F(2) of the Emergency Services
Superannuation Act 1986 omit "calculated using the salary of the contributor at the date of termination".
(3) For section 20H(2) of the Emergency Services
Superannuation Act 1986 substitute—
"(2) The payment under this section is to be a
lump sum equal to the accrued benefit at the
date of termination of—
(a) the contributor calculated using the with section 4(1E)(f); or
(b)
the former contributor calculated using the current equivalent salary of the salary of the former contributor at the date of termination.".
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 5
5. Superannuation Contributions Tax Compliance
(1) After section 6(2)(b) of the Emergency Services
Superannuation Act 1986 insert—
"(ba) ensure that the Scheme is administered in
accordance with the Commonwealth any regulations under those Acts; and".
Superannuation Contributions Tax
(Assessment and Collection) Act 1997 and
the Commonwealth Superannuation
(2) After section 6(2) of the Emergency Services Superannuation Act 1986 insert—
"(2A) If any provision of the Commonwealth
Superannuation Contributions Tax any regulations under those Acts is inconsistent with this Act or any regulations under this Act, the Board is to be taken to have complied with this Act or the regulations if the Board has complied with the provision of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 or the Commonwealth Superannuation Contributions Tax Imposition Act 1997 or of the regulations under those Acts.".
(Assessment and Collection) Act 1997 or the
Commonwealth Superannuation
6. Vacancies on Board
For sections 8(2) and 8(3) of the Emergency
Services Superannuation Act 1986 substitute—"(2) If a member of the Board dies or otherwise
ceases to be a member—
(a)
in the case of an elected member, the deputy of that member is to be
Superannuation Acts (Amendment) Act 1998
| s. 7 | Act No. 84/1998 |
| appointed by the Governor in Council to fill the vacancy; or |
(b)
in the case of a member (other than an elected member), the Governor in Council is to appoint a person nominated by the Minister to fill the vacancy or, if the Minister does not nominate a person to fill the vacancy within 28 days, the deputy of that member; or
(c)
if there is no deputy, the Governor in Council may appoint a person nominated or elected in the same manner as that member was nominated or elected to fill the vacancy.".
7. Section 9 substituted
For section 9 of the Emergency Services Superannuation Act 1986 substitute— "9. Deputies
(1) Each member is to have a deputy nominated or elected in the same manner as the member and appointed by the Governor in Council.
(2) The deputy of a member is to act in the case
of illness, suspension or absence of that
member.
(3) A deputy has while acting as a member the powers and authority of the member.
(4) A person may act as the deputy of more than
one member except for the purposes of
forming a quorum or voting on a resolution,
provided that the member is nominated or
elected in the same manner as all of those
members.".
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 8
8. Separate employer accounts
After section 20Q(1) of the Emergency Services
Superannuation Act 1986 insert—"(1A) Sub-section (1) does not apply in respect of a
contributor who has ceased making
contributions because of section 20B(1).".
9. Participating employer
In section 21 of the Emergency Services
Superannuation Act 1986 for the definition of
"participating employer" substitute—' "participating employer" means an employer
that—
(a)
employs any person defined as an "employee" within the meaning of section 3; or
(b)
the Secretary to the Department of Treasury and Finance by instrument in writing declares to be a participating employer in the ESSPLAN Scheme.'.
10. Membership
In section 21B of the Emergency Services
Superannuation Act 1986 for sub-sections (4),
(5), (6) and (7) substitute—"(4) A person employed by a participating
employer is eligible to remain or become a
member of the Scheme even if the personhas attained the age of 65 years if—
(a) employer's liability under the
Commonwealth Superannuation
Guarantee Charge Act 1992 or are
required to satisfy the employer'scontributions are required to reduce the that member under a contract of
Superannuation Acts (Amendment) Act 1998
s. 11
| s. 13 | Act No. 84/1998 |
| employment or any employment agreement made on or after 1 July 1986 under any law of Victoria or the Commonwealth of Australia; or |
(b)
the person is employed for at least 10 hours each week until the person attains the age of 70 years.
(5) When sub-section (4) ceases to apply, a
person is to be taken for the purposes of this participating employer.".
11. Payment of benefits
(1) In section 21E(3) of the Emergency Services
Superannuation Act 1986 for paragraphs (a) and
(b) substitute—
"(a) on the request of the member at any time
after ceasing to be employed by a
participating employer; or".
(2) For section 21E(4) of the Emergency Services
Superannuation Act 1986 substitute—
"(4) The benefit is payable as soon as practicable
after section 21B(5) applies.".
12. Beneficiaries Accounts
In section 21J(2) of the Emergency Services Superannuation Act 1986 for "or 20K" substitute ", 20K or from a pension administered under Part 4".
13. Section 22D inserted
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 15 After section 22C of the Emergency Services
Superannuation Act 1986 insert—
'22D. Commutation of pension not exceeding
declared rate
(1) This section applies to a person who is
entitled to a pension administered by the does not exceed the declared rate.
(2) Notwithstanding anything to the contrary in
this Act, the Board may at its discretion
determine that instead of a pension the
person may elect to receive a lump sum
payment as determined by the Board on the
advice of an actuary.
(3) If a person elects to accept a lump sum
payment under sub-section (2), the Board is
released from any liability to make any
further payments to, or in respect of, any
entitlements of that person or any of his or
her dependants and this Act ceases to applyto that person.
(4) In this section, "declared rate" means—
(a) $520 per year; or
(b)
such higher rate per year as may be declared from time to time by the Minister by Order published in the Government Gazette.'.
14. Early release of benefits
In section 26A(1) of the Emergency Services substitute ", member or beneficiary".
15. Tax file numbers
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998
In section 29 of the Emergency Services
Superannuation Act 1986—
(a)
in sub-section (1)(a) before "of that contributor" insert ", and tax file number,";
(b)
in sub-section (1)(b) after "information" insert "(including the tax file number of the employee or pensioner)";
(c)
in sub-section (3)(a) after "information" insert "(including tax file numbers)".
_______________
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 16
PART 3—AMENDMENT AND REPEAL OF HOSPITALS
SUPERANNUATION ACT 1988
16. Superannuation Contributions Tax Compliance
(1) After section 6(2)(b) of the Hospitals
Superannuation Act 1988 insert—
"(ba) ensure that the Fund is administered in
accordance with the Commonwealth any regulations under those Acts; and".
Superannuation Contributions Tax
(Assessment and Collection) Act 1997 and
the Commonwealth Superannuation
(2) After section 6(2) of the Hospitals
Superannuation Act 1988 insert—
"(2A) If any provision of the Commonwealth
Superannuation Contributions Tax any regulations under those Acts is inconsistent with this Act or any regulations under this Act, the Board is to be taken to have complied with this Act or the regulations if the Board has complied with the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 or the Commonwealth Superannuation Contributions Tax Imposition Act 1997 or of the regulations under those Acts.".
(Assessment and Collection) Act 1997 or the
Commonwealth Superannuation
Superannuation Acts (Amendment) Act 1998
| s. 17 | Act No. 84/1998 |
17. Members of Board
In section 7(2) of the Hospitals Superannuation
Act 1988—
(a)
in paragraph (b) for "Hospitals" substitute "Healthcare";
(b)
in paragraph (c) omit "(of which at least 1 must have been a contributor for a continuous period of at least 3 years before being elected)".
18. Vacancies on Board
In section 9(2) of the Hospitals Superannuation
Act 1988—
(a)
in paragraph (a) after "(a)" insert "in the case of an elected member,";
(b)
after paragraph (a) insert— "(aa) in the case of a member (other than an
elected member), the Governor in nominated by the Minister to fill the vacancy or, if the Minister does not nominate a person to fill the vacancy within 28 days, the deputy of that member; or".
19. New section 25TA inserted
After section 25T of the Hospitals
Superannuation Act 1988 insert—
'25TA. Commutation of pension not exceeding
declared rate
(1) This section applies to a person who is
entitled to a pension administered by the does not exceed the declared rate.
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 20 (2) Notwithstanding anything to the contrary in
this Act, the Board may at its discretion
determine that instead of a pension the
person may elect to receive a lump sum
payment as determined by the Board on the
advice of an actuary.
(3) If a person elects to accept a lump sum
payment under sub-section (2), the Board is
released from any liability to make any
further payments to, or in respect of, any
entitlements of that person or any of his or
her dependants and this Act ceases to applyto that person.
(4) In this section, "declared rate" means—
(a) $520 per year; or
(b)
such higher rate per year as may be declared from time to time by the Minister by Order published in the Government Gazette.'.
20. Contributions by participating authorities
After section 29(1) of the Hospitals Superannuation Act 1988 insert—
"(1A) Sub-section (1) does not apply in respect of a
member who has ceased making
contributions because of section 30(5).".
21. Preservation component of resignation benefit
In section 37(2A) of the Hospitals
Superannuation Act 1988 for "$500" substitute"$200".
22. Membership
In section 40B of the Hospitals Superannuation
Act 1988 for sub-sections (3A), (3B), (3C) and
(3D) substitute—
Superannuation Acts (Amendment) Act 1998
| s. 23 | Act No. 84/1998 |
"(3A) A person employed by a participating
employer is eligible to remain or become a
member of the new scheme even if theperson has attained the age of 65 years if—
(a) employer's liability under the
Commonwealth Superannuation
Guarantee Charge Act 1992 or are
required to satisfy the employer'scontributions are required to reduce the that member under a contract of employment or any employment agreement made on or after 1 July 1986 under any law of Victoria or the Commonwealth of Australia; or
(b)
the person is employed for at least 10 hours each week until the person attains the age of 70 years.
(3B) When sub-section (3A) ceases to apply, a
person is to be taken for the purposes of this participating employer.".
23. References to Fund
In sections 40B(1), 40B(4), 40F(1), 40F(5), occurring) substitute "new scheme".
40F(7), 40F(8), 40F(10), 40FA(1), 40HB(3)(a),40M(1) and 40M(6) of the Hospitals
24. Disability and death cover
For section 40F(6) of the Hospitals
Superannuation Act 1988 substitute—"(6) A member's disability and death benefits
cover in force under this section ceases—
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 25 (a) 30 days after the earlier of—
(i) section 40B(4) applying to that member; or
(ii) the member ceasing to be an employer—
unless the Board otherwise determines;
or
(b)
at a later date determined by the Board and notified in writing to the member.".
25. Amendment of sections 40HA and 40HB
(1) In section 40HA of the Hospitals
Superannuation Act 1988—
(a)
in sub-section (1) omit the definition of "beneficiary account holder";
(b) sub-section (3)(a) is repealed;
(c)
in sub-section (3)(b) for "(2)(b)" substitute "(2)";
(d)
in sub-section (4) for "(3)(a)(i) or (3)(b)(i) as the case may be" substitute "(3)(b)(i)".
(2) For section 40HA(2) of the Hospitals
Superannuation Act 1988 substitute—
"(2) A person who on or after 5 December 1995becomes a beneficiary, must within 14 days of becoming entitled to a lump sum payment elect in writing to the Board in accordance
with sub-section (3).".
(3) In section 40HB of the Hospitals
Superannuation Act 1988—
(a) in sub-section (1) omit "40HA(3)(a)(i) or";
(b) sub-section (2)(a) is repealed;
Superannuation Acts (Amendment) Act 1998
| s. 26 | Act No. 84/1998 |
(c) after sub-section (2)(c) insert—
"; and
(d)
any amounts transferred from another complying superannuation scheme or arrangement.".
26. Payment of benefits
(1) In section 40K(3) of the Hospitals
Superannuation Act 1988, for paragraphs (a) and
(b) substitute—"(a) on the request of the member of the new
scheme at any time after ceasing to be
employed by a participating employer; or".
(2) For section 40K(3A) of the Hospitals
Superannuation Act 1988 substitute—
"(3A) The benefit is payable as soon as practicable after section 40B(3B) applies.".
27. Application for disability benefits
For section 40M(2) of the Hospitals
Superannuation Act 1988 substitute—"(2) An application for that portion of a disability
benefit provided for in section 40L(1)(b) can
only be made—
(a) during the period of 6 months immediately after— (i) the member of the new scheme ceases to be an employee of a participating employer; or
(ii) section 40F(6)(b) ceases to apply; or
(b) if the Board considers that there are which have prevented an application
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 28 being made by or on behalf of a
member within the period specified in
paragraph (a), any longer period
determined by the Board.".
28. Amendment of section 41
In section 41 of the Hospitals Superannuation
Act 1988—
(a) sub-sections (9) and (10) are repealed;
(b) in sub-section (11) omit "or (8)(b)".
29. Tax file numbers
In section 43(1)(a) of the Hospitals insert "and tax file number,".
30. Early release of benefits
In section 51B(1) of the Hospitals insert "or a beneficiary".
31. Repeal
(1) The Hospitals Superannuation Act 1988 is
repealed.
(2) In Schedule 1 of the Borrowing and Investment Powers Act 1987 item 5 is repealed.
_______________
Superannuation Acts (Amendment) Act 1998
| s. 32 | Act No. 84/1998 |
PART 4—AMENDMENT OF PARLIAMENTARY SALARIES
AND SUPERANNUATION ACT 1968
32. Superannuation Contributions Tax Compliance
(1) After section 11B(2)(b) of the Parliamentary
Salaries and Superannuation Act 1968 insert—
"(ba) to ensure that the Fund is administered in
accordance with the Commonwealth any regulations under those Acts; and".
Superannuation Contributions Tax
(Assessment and Collection) Act 1997 and
the Commonwealth Superannuation
(2) After section 11B(3) of the Parliamentary
Salaries and Superannuation Act 1968 insert—
"(4) If any provision of the Commonwealth
Superannuation Contributions Tax any regulations under those Acts is inconsistent with this Act or any regulations under this Act, the Parliamentary Trustee is to be taken to have complied with this Act or the regulations if the Parliamentary Trustee has complied with the provision of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 or the Commonwealth Superannuation Contributions Tax Imposition Act 1997 or of the regulations under those Acts.".
(Assessment and Collection) Act 1997 or the
Commonwealth Superannuation
_______________
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 33
PART 5—AMENDMENT OF PUBLIC SECTOR
SUPERANNUATION (ADMINISTRATION) ACT 1993
33. Superannuation Contributions Tax Compliance
(1) After section 6(1)(a) of the Public Sector
Superannuation (Administration) Act 1993
insert—"(b) ensure that the Fund and each administered
scheme is administered in accordance with any regulations under those Acts; and".
the Commonwealth Superannuation
Contributions Tax (Assessment and
Collection) Act 1997 and the
Commonwealth Superannuation
(2) After section 6(5) of the Public Sector
Superannuation (Administration) Act 1993
insert—"(6) If any provision of the Commonwealth
Superannuation Contributions Tax any regulations under those Acts is inconsistent with this Act or any regulations under this Act, the Board is to be taken to have complied with this Act or the regulations if the Board has complied with the provision of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 or the Commonwealth Superannuation Contributions Tax Imposition Act 1997 or of the regulations under those Acts.".
(Assessment and Collection) Act 1997 or the
Commonwealth Superannuation
Superannuation Acts (Amendment) Act 1998
| s. 34 | Act No. 84/1998 |
34. Vacancies on Board
In section 11(2) of the Public Sector
Superannuation (Administration) Act 1993—
(a)
in paragraph (a) after "(a)" insert "in the case of an elected Director,";
(b)
after paragraph (a) insert— "(aa) in the case of a Director (other than an
elected Director), the Governor in nominated by the Minister to fill the vacancy or, if the Minister does not nominate a person to fill the vacancy within 28 days, the deputy of that Director; or".
35. Membership
(1) In section 31 of the Public Sector
Superannuation (Administration) Act 1993—
(a)
in sub-sections (2) and (3) for "sub-section (3A)" substitute "sub-section (3A) or (3B)";
(b) in sub-section (3A)—
(i) omit "or" after paragraph (a);
(ii) paragraph (b) is repealed.
(2) In section 31 of the Public Sector
Superannuation (Administration) Act 1993 for
sub-sections (3B), (3C) and (3D) substitute—
"(3B) A person employed by a participating
employer is eligible to remain or become a member of the Fund even if the person has attained the age of 65 years if—
(a) employer's liability under the
contributions are required to reduce the Guarantee Charge Act 1992 or are
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 36 required to satisfy the employer's
obligation to make contributions for
that member under a contract of
employment or any employment
agreement made on or after 1 July 1986
under any law of Victoria or the
Commonwealth of Australia; or
(b)
the person is employed for at least 10 hours each week until he or she attains the age of 70 years.
(3C) A person to whom sub-sections (3A) and
(3B) apply is to be taken for the purposes of this Act to have ceased to be an employee of a participating employer—
(a) Supreme Court Associates
Superannuation Scheme or the County
Court Associates Superannuationin the case of a former member of the 72 years; or
(b)
in any other case, when sub-section (3B) ceases to apply.".
36. Payment of benefits
(1) In section 40(3) of the Public Sector
Superannuation (Administration) Act 1993, for
paragraphs (a) and (b) substitute—
"(a) on the request of the member of the Fund at
any time after ceasing to be employed by a
participating employer; or".
(2) For section 40(3A) of the Public Sector
Superannuation (Administration) Act 1993
substitute—
"(3A) The benefit is payable—
Superannuation Acts (Amendment) Act 1998
| s. 37 | Act No. 84/1998 |
(a) practicable after the date that the person
if section 31(3C)(a) applies, as soon as time after that person attains the age of 65 years and the Fund has ceased to accept contributions by or in respect of that person; or
(b) if section 31(3C)(b) applies, as soon as applies.".
37. Early release of benefits
In section 42A of the Public Sector
Superannuation (Administration) Act 1993
after "member's" (wherever occurring) insert "orbeneficiary's".
38. Tax file numbers
In section 51(1)(a) of the Public Sector
Superannuation (Administration) Act 1993
after "information" insert "(including tax filenumbers)".
39. State Casual Employees Superannuation
After section 68B of the Public Sector
Superannuation (Administration) Act 1993insert—
'68C. Provisions relating to SCES
(1) In this section, "contributor" means a contributor transferred to the Victorian Superannuation Fund under section 34 of the
Superannuation Acts (General
Amendment) Act 1995.
(2) Despite the transfer of a contributor and the
repeal of the Superannuation Acts (General Amendment) Act 1995—
Superannuation Acts (Amendment) Act 1998
s. 40
s. 40
Act No. 84/1998
(a) the contributor is entitled to receive the same benefits that he or she would have been entitled to receive had he or she not been so transferred; and
(b)
the contributor is entitled to have his or her rights and obligations in existence at the date of the transfer determined in accordance with the provisions of the State Casual Employees Superannuation Act 1989 as in force immediately before that transfer.
(3) Despite the repeal of the State Casual
Employees Superannuation Act 1989 and
Superannuation Acts (General
Amendment) Act 1995, the Minister must
continue to pay into the Victorian
Superannuation Fund such amounts as would
have been payable from time to time under
sections 26(3), 27(2) and 31 of the State
Casual Employees Superannuation Act
1989 into the State Casual Employees
Superannuation Fund if the State Casual
Employees Superannuation Act 1989 had
not been repealed.(4) Section 42A applies to the early release of part or all of a contributor's benefits.'.
40. Transfer of HSF
Before section 69 of the Public Sector
Superannuation (Administration) Act 1993insert—
"68D. Provisions relating to HSF
(1) The Hospitals Superannuation Fund as
constituted under and governed by the
Hospitals Superannuation Act 1988
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998
immediately before 1 January 1999
continues, on and after 1 January 1999, as
the Hospitals Superannuation Fund
continued in force and governed by the Trust
Deed made before 1 January 1999 by Health
Super Pty Ltd as Trustee of the Hospitals
Superannuation Fund from 1 January 1999.(2) All assets and liabilities of the Hospitals
Superannuation Fund immediately before
1 January 1999 are transferred on 1 January
1999 to Health Super Pty Ltd as Trustee of
the Hospitals Superannuation Fund under the
Trust Deed.
(3) Except as in the Trust Deed expressly or by necessary implication provided, all persons, things and circumstances appointed or
created by or under the Hospitals
Superannuation Act 1988 or existing or
continuing under that Act immediately
before 1 January 1999 (including benefit
accruals and benefit entitlements) shall under
and subject to the Trust Deed continue to
have the same status, operation and effect as
they respectively would have had if that Act
had not been repealed.(4) Without limiting the operation of the Trust Deed, any entity which immediately before 1 January 1999 was making, or was liable to
make, contributions to the Hospitals
Superannuation Fund—
(a)
is on 1 January 1999 deemed to be a participating employer in the Hospitals Superannuation Fund as governed by the Trust Deed; and
(b)
must not later than 30 June 1999 provide or execute such documents as
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 40 Health Super Pty Ltd may require for
the purposes of administering the
Hospitals Superannuation Fund.(5) All persons appointed under section 14(1) of
the Hospitals Superannuation Act 1988
who are employees of the Hospitals
Superannuation Board immediately before
1 January 1999 are deemed as from 1
January 1999 to be employees of Health
Super Pty Ltd.
(6) A person to whom sub-section (5) applies is entitled to a salary and terms and conditions of employment no less favourable than those which he or she received or was entitled to
receive immediately before 1 January 1999 and to all his or her accrued benefits arising from his or her prior employment.
(7) A person to whom sub-section (5) applies is not entitled to receive any payment or other benefit by reason only of having ceased to be
an employee of the Hospitals
Superannuation Board because of this
section.(8) No stamp duty or other tax is payable under
any Act in respect of anything done under
this section.".
_______________
Superannuation Acts (Amendment) Act 1998
| s. 41 | Act No. 84/1998 |
PART 6—AMENDMENT OF STATE EMPLOYEES
RETIREMENT BENEFITS ACT 1979
41. Superannuation Contributions Tax Compliance
(1) After section 3A(1)(a) of the State Employees
Retirement Benefits Act 1979 insert—
"(ab) to ensure that the Fund is administered in
accordance with the Commonwealth any regulations under those Acts;".
Superannuation Contributions Tax
(Assessment and Collection) Act 1997 and
the Commonwealth Superannuation
(2) After section 3A(5) of the State Employees
Retirement Benefits Act 1979 insert—
"(6) If any provision of the Commonwealth
Superannuation Contributions Tax any regulations under those Acts is inconsistent with this Act or any regulations under this Act, the Board is to be taken to have complied with this Act or the regulations if the Board has complied with the provision of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 or the Commonwealth Superannuation Contributions Tax Imposition Act 1997 or of the regulations under those Acts.".
(Assessment and Collection) Act 1997 or the
Commonwealth Superannuation
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 42
42. Payments to the Board
After section 25(1) of the State Employees
Retirement Benefits Act 1979 insert—"(1A) Sub-section (1) does not apply in respect of a
member who has ceased making
contributions because of section 23(4).".
43. New section 65A inserted
After section 65 of the State Employees Retirement Benefits Act 1979 insert—
'65A. Commutation of pension not exceeding
declared rate
(1) This section applies to a person who is
entitled to a pension administered by the does not exceed the declared rate.
(2) Notwithstanding anything to the contrary in
this Act, the Board may at its discretion
determine that instead of a pension the
person may elect to receive a lump sum
payment as determined by the Board on the
advice of an actuary.
(3) If a person elects to accept a lump sum
payment under sub-section (2), the Board is
released from any liability to make any
further payments to, or in respect of, any
entitlements of that person or any of his or
her dependants in relation to that pension
entitlement and this Act ceases to apply to
that person in respect of that pensionentitlement.
(4) In this section, "declared rate" means—
(a) $520 per year; or
(b)
such higher rate per year as may be declared from time to time by the
Superannuation Acts (Amendment) Act 1998
| s. 44 | Act No. 84/1998 |
| Minister by Order published in the Government Gazette.'. |
44. Tax file numbers
(1) In section 69(1)(a) of the State Employees
Retirement Benefits Act 1979 before "of such person" insert ", and tax file number,".
(2) In section 69(2) of the State Employees
Retirement Benefits Act 1979 for "one-fifth of a penalty unit" substitute "10 penalty units".
_______________
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 45
PART 7—AMENDMENT OF STATE SUPERANNUATION
ACT 1988
45. Definition of "contract officer"
(1) In section 3(1) of the State Superannuation Act
1988, in the definition of "contract officer" after
paragraph (a) insert—
"(aa) any person who—
(i) is declared or deemed to be a person to whom sub-section (2)(c) applies; or
(ii) is a member of a class of persons declared or deemed to be persons to whom sub-section (2)(c) applies—
by the Minister by instrument in writing; or".
(2) In section 3(2)(c) of the State Superannuation Act 1988 after "(a)" insert "or (aa)".
46. Superannuation Contributions Tax Compliance
(1) After section 6(1)(a) of the State
Superannuation Act 1988 insert—
"(ab) to ensure that the Fund is administered in
accordance with the Commonwealth any regulations under those Acts;".
Superannuation Contributions Tax
(Assessment and Collection) Act 1997 and
the Commonwealth Superannuation
(2) After section 6(5) of the State Superannuation
Act 1988 insert—
"(6) If any provision of the Commonwealth
Superannuation Contributions Tax
(Assessment and Collection) Act 1997 or the
Commonwealth Superannuation
Contributions Tax Imposition Act 1997 or of
Superannuation Acts (Amendment) Act 1998
| s. 47 | Act No. 84/1998 |
any regulations under those Acts is the regulations under those Acts.".
inconsistent with this Act or any regulations
under this Act, the Board is to be taken to
have complied with this Act or the
regulations if the Board has complied with
the provision of the Commonwealth
Superannuation Contributions Tax
(Assessment and Collection) Act 1997 or the
Commonwealth Superannuation
47. New section 67B inserted
After section 67A of the State Superannuation
Act 1988 insert—
'67B. Commutation of pension not exceeding
declared rate
(1) This section applies to a person who is
entitled to a pension administered by the does not exceed the declared rate.
(2) Notwithstanding anything to the contrary in
this Act, the Board may at its discretion
determine that instead of a pension the
person may elect to receive a lump sum
payment as determined by the Board on the
advice of an actuary.
(3) If a person elects to accept a lump sum
payment under sub-section (2), the Board is
released from any liability to make any
further payments to, or in respect of, any
entitlements of that person or any of his or
her dependants in relation to that pension
entitlement and this Act ceases to apply to
that person in respect of that pension
entitlement.
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 48 (4) In this section, "declared rate" means—
(a) $520 per year; or
(b)
such higher rate per year as may be declared from time to time by the Minister by Order published in the Government Gazette.'.
48. Tax file numbers
In section 86(1)(a) of the State Superannuation Act 1988 before "of that person" insert "and tax file number,".
49. Payments into Fund by employing authority
(1) After section 90A(3) of the State
Superannuation Act 1988 insert—
"(3A) Sub-section (3) does not apply in respect
of—
(a) a revised scheme member who has section 28(5); or
(b) a new scheme member who has ceased section 50(9).".
(2) For section 90A(6) of the State Superannuation
Act 1988 substitute—
"(6) A determination—
(a)
takes effect on the expiry of 4 months after notice of the determination is given by the Board to the employing authority or class of employing authority; and
(b)
continues in force for such period as is specified in the determination.".
_______________
Superannuation Acts (Amendment) Act 1998
| s. 50 | Act No. 84/1998 |
PART 8—AMENDMENT OF SUPERANNUATION
(PORTABILITY) ACT 1989
50. Options relating to certain members
(1) In section 9(1) of the Superannuation
(Portability) Act 1989, in paragraph (b) of the definition of "transfer period" after "2 months" insert "or any other longer period nominated by
the Minister under sub-section (4)".(2) In section 9(7) of the Superannuation (Portability) Act 1989, for "complying superannuation fund nominated by the approved
employer or the public authority" substitute
"beneficiary account established by the
administrator of the officer's statutorysuperannuation scheme".
_______________
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 51
PART 9—AMENDMENT OF TRANSPORT
SUPERANNUATION ACT 1988
51. Definition of "contract officer"
(1) In section 3(1) of the Transport Superannuation
Act 1988, in the definition of "contract officer"
after paragraph (a) insert—
"(aa) any person who—
(i) is declared or deemed to be a person to whom sub-section (3)(a) applies; or
(ii) is a member of a class of persons declared or deemed to be persons to whom sub-section (3)(a) applies—
by the Minister by instrument in writing; or"
(2) In section 3(3)(a) of the Transport
Superannuation Act 1988 after "(a)" insert "or
(aa)".
52. Superannuation Contributions Tax Compliance
(1) After section 6(1)(a) of the Transport
Superannuation Act 1988 insert—
"(ab) to ensure that the Fund is administered in
accordance with the Commonwealth any regulations under those Acts;".
Superannuation Contributions Tax
(Assessment and Collection) Act 1997 and
the Commonwealth Superannuation
(2) After section 6(5) of the Transport Superannuation Act 1988 insert— "(6) If any provision of the Commonwealth
Superannuation Contributions Tax
(Assessment and Collection) Act 1997 or the
Commonwealth Superannuation
Superannuation Acts (Amendment) Act 1998
| s. 53 | Act No. 84/1998 |
Contributions Tax Imposition Act 1997 or of any regulations under those Acts is inconsistent with this Act or any regulations under this Act, the Board is to be taken to have complied with this Act or the regulations if the Board has complied with the provision of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 or the Commonwealth Superannuation Contributions Tax Imposition Act 1997 or of the regulations under those Acts.".
53. Contributions by transport authorities
After section 27(1) of the Transport Superannuation Act 1988 insert—
"(1A) Sub-section (1) does not apply in respect of a
member who has ceased making
contributions because of section 28(7).".
54. Amendment of section 31
In section 31(3)(a) of the Transport all".
55. New section 36A inserted
After section 36 of the Transport
Superannuation Act 1988 insert—
"36A. Commutation of pension not exceeding
declared rate
(1) This section applies to a person who is
entitled to a pension administered by the does not exceed the declared rate.
(2) Notwithstanding anything to the contrary in
this Act, the Board may at its discretion
determine that instead of a pension the
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 s. 56 person may elect to receive a lump sum
payment as determined by the Board on theadvice of an actuary.
(3) If a person elects to accept a lump sum
payment under sub-section (2), the Board is
released from any liability to make any
further payments to, or in respect of, any
entitlements of that person or any of his or
her dependants in relation to that pension
entitlement and this Act ceases to apply to
that person in respect of that pensionentitlement.
(4) In this section, "declared rate" means—
(a) $520 per year; or
(b)
such higher rate per year as may be declared from time to time by the Minister by Order published in the Government Gazette.'.
56. Tax file numbers
In section 38(1)(a) of the Transport insert "and tax file number".
_______________
Superannuation Acts (Amendment) Act 1998
| s. 57 | Act No. 84/1998 |
PART 10—MISCELLANEOUS
57. Revocation of spent Regulations
The following Regulations are revoked by virtue of this section—
(a) State Employees Retirement Benefits (Transfer Periods) Regulations 1990 (Statutory Rule No. 344/1990); (b) State Employees Retirement Benefits Board No. 179/1992);
(c) State Superannuation (Amendment)
Regulations 1994 (Statutory Rule
No. 107/1994);(d) State Superannuation (Amendment)
Regulations 1996 (Statutory Rule
No. 95/1996);(e) Emergency Services Superannuation Scheme
(ESSPLAN Scheme) Regulations 1995
(Statutory Rule No. 57/1995);(f) Emergency Services Superannuation Scheme
(Amendment) Regulations 1995 (Statutory
Rule No. 58/1995);(g) Hospitals Superannuation (Amendment)
Regulations 1995 (Statutory Rule
No. 77/1995);(h) Transport Superannuation (Amendment)
Regulations 1996 (Statutory Rule
No. 96/1996).
═══════════════
Superannuation Acts (Amendment) Act 1998
Act No. 84/1998 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 8 October 1998
Legislative Council: 27 October 1998
The long title for the Bill for this Act was "to amend the Emergency
Services Superannuation Act 1986, the Hospitals Superannuation Act
1988, the Parliamentary Salaries and Superannuation Act 1968, the
Public Sector Superannuation (Administration) Act 1993, the State
Employees Retirement Benefits Act 1979, the State Superannuation
Act 1988, the Superannuation (Portability) Act 1989 and the
Transport Superannuation Act 1988 and for other purposes."
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