Superannuation Acts (Further Amendment) Act 1996 (Vic)
Superannuation Acts (Further Amendment) Act
1996
Act No. 82/1996
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2 PART 2—AMENDMENT OF THE COAL MINES (PENSIONS)
ACT 1958 3
3. Repeal of provisions relating to Tribunal 3
100A. Administration of this Part 3
4. New section 115A inserted 3
115A. Commutation of pension entitlement 3
5. Consequential amendments 4 PART 3—AMENDMENT OF EMERGENCY SERVICES
SUPERANNUATION ACT 1986 5
6. Amendment of section 3 5 7. Amendment of section 4 10 8. Amendment of section 7 13 9. Actuarial reviews 13 10. New sections inserted 13
20A. Contributions 13 20B. Membership 15 20C. Accrued benefits 17 20D. Retirement of contributor 20 20E. Death of contributor or police recruit 20 20F. Disability of contributor or police recruit 23 20G. Temporary pension for illness or injury 29 20H. Termination due to ill health 31 20I. Indexation of pensions 32 20J. Retrenchment of contributor 34 20K. Other termination of service of contributor 34 20L. Restriction of death and disability benefits 35 20M. Optional contributions during leave of absence 37
i
Section Page
20N. Legal personal representatives 38 20O. Death benefit when no dependants 38 20P. Payment of benefits in case of multiple claimants 39 20Q. Separate employer accounts 39 20R. Remittance of contributions 41 20S. Minimum Requisite Benefit 42
11. New Part inserted 42 PART 3A—ESSPLAN SCHEME 42
21. Definitions 42 21A. ESSPLAN Scheme 44 21B. Membership of ESSPLAN 44 21C. Employer contributions 47 21D. Member's contributions for ESSPLAN 48 21E. Amount and payment of benefits under ESSPLAN 49 21F. Disability and death cover under ESSPLAN 50 21G. Disability and death insurance under ESSPLAN 53 21H. Amount and payment of disability or death benefits 53 21I. Member's accounts for ESSPLAN 54 21J. Beneficiaries Accounts 55 21K. Investment funds 58 21L. Net earning rate 59 21M. Transfer of preserved benefit 59 21N. Transfer to or from new scheme 60 21O. Transfer of benefits to other fund 60
12. New section 23A inserted 61
23A. Application for disability benefit 61
13. Amendment of section 26 61 14. New section 26A inserted 61
26A. Early release of benefits 61
15. Section 27 substituted 62
27. Money owing to the Scheme 62
16. New section 28A inserted 62
28A. Payment of benefits if person is incapable 63
17. Amendment of section 29 63 18. Amendment of section 29A 64 19. Amendment of regulation-making powers 65 20. Consequential amendments 65 21. Revocation of regulations 67 PART 4—AMENDMENT OF HOSPITALS SUPERANNUATION
ACT 1988 69
22. Amendment of section 3 69 23. Repeal of section 18 71 24. Amendment of section 23 71
ii
Section Page
25. New Part inserted 71 PART 4A—OLD SCHEME 71
25A. Definitions 71 25B. Medical classifications for old scheme contributors 76 25C. Benefits payable in accordance with transitional medical classifications 77 25D. Accrued retirement benefits for old scheme contributors to whom section 31 applies 78 25E. Additional benefits for contributory service before 1 July 1988 78 25F. Retirement benefit option 79 25G. Disability benefit option 82 25H. Death benefits option 84 25I. Minimum death and disability benefit 87 25J. Retrenchment benefit option 87 25K. Deferred resignation benefit option 88 25L. Options for contributors who are paying at 3·5% or 6% 88 25M. Additional death and disability benefits 89 25N. Death of a pensioner 89 25O. Death of a former contributor entitled to outstanding instalment of disability lump sum benefit 91 25P. No entitlement to multiple pensions 91 25Q. Death of spouse pensioner 94 25R. Maximum lump sum benefit payable 95 25S. Children's allowances 96 25T. Commutation of pensions 97 25U. Reduction of pensions 98 25V. Payment of deferred benefits 99 25W. Benefits for supplementary contributions 101 25X.
Application of the Act to pensions, allowances and deferred benefits under previous Act and previous Regulations
102
26. Delegation of powers 102 27. New section 42A inserted 103
42A. Member on leave of absence 103
28. New sections 43A-43D inserted 104
43A. Health impairments 104 43B. Benefits payable to a contributor issued with a medical classification certificate 106 43C. Ongoing medical examinations 107 43D. Fees for medical reviews 108
iii
Section Page
29. New section 51B inserted 108
51B. Early release of benefits 108
30. New sections 56B and 56C inserted 108
56B. Payment of contributions 108 56C. Mode of election 109
31. Amendment of section 58B 109 32. Consequential amendments 110 33. Consequential amendments 110 34. Revocation of regulations 111 PART 5—AMENDMENT OF LOCAL AUTHORITIES
SUPERANNUATION ACT 1988 112
35. Amendment of section 3 112 36. Amendment of section 23 113 37. New section 34A inserted 113
34A. Temporary benefit 113
38. Amendment of section 36 115 39. Delegation of power 116 40. New section 50B inserted 117
50B. Early release of benefits 117
41. Amendment of section 50D 117 PART 6—AMENDMENT OF PARLIAMENTARY SALARIES AND
SUPERANNUATION ACT 1968 119
42. Amendment of sections 12 and 13 119 43. Amendment of section 21C 120 44. New section 23A inserted 122
23A. Early release of benefits 122
45. Amendment of section 24C 122 PART 7—AMENDMENT OF PORT OF GEELONG AUTHORITY
ACT 1958 124
46. New section 12A inserted 124
12A. Closure of PGASF 124
47. Repeal of section 13 125 PART 8—AMENDMENT OF PUBLIC SECTOR
SUPERANNUATION (ADMINISTRATION) ACT 1993 126
48. Power of delegation 126 49. New section 42A inserted 126
42A. Early release of benefits 126
50. Amendment of section 53 126 51. Amendment of section 68A 127
iv
Section Page PART 9—AMENDMENT OF STATE EMPLOYEES RETIREMENT BENEFITS ACT 1979 128
52. Amendment of section 18 128 53. Amendment of section 54 128 54. Amendment of section 60 128 55. Section 65A repealed 129 56. New section 68 inserted 129
68. Early release of benefits 129
57. Amendment of section 73 129
PART 10—AMENDMENT OF STATE SUPERANNUATION ACT
1988 131
58. Amendment of definitions 131 59. Amendment of sections 16 and 16A 131 60. Amendment of section 23 131 61. Amendment of section 37 131 62. Amendment of section 47 132 63. New section 71A inserted 132
71A. Early release of benefits 132
64. Amendment of section 90A 132 65. Amendment of section 92A 132 66. New section 99 inserted 133
99. Transfer of members under section 4(1BA) of ESSA 133
67. Consequential amendments 134 PART 11—AMENDMENT OF SUPERANNUATION
(PORTABILITY) ACT 1989 135
68. Amendment of section 5 135 69. Amendment of section 7 135 70. Amendment of section 10 135 PART 12—AMENDMENT OF TRANSPORT SUPERANNUATION
ACT 1988 137
71. Amendment of definition 137 72. Amendment of section 22 137 73. Amendment of section 31 137 74. Section 44D substituted 138
44D. Early release of benefits 138
75. Amendment of section 53 138
v
Section Page PART 13—MISCELLANEOUS 139
76. New section 27A inserted into Equal Opportunity Act 1995 139
27A. Exception—early retirement schemes 139 77. Port of Melbourne Authority (Superannuation) Regulations 1989 139
78.
Statute law revision 139 79.
Repeals 140
═══════════════
NOTES 141
vi
Victoria
No. 82 of 1996
Superannuation Acts (Further
†
Amendment) Act 1996
[Assented to 23 December 1996]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is to amend certain specified Superannuation Acts to further rationalise the administration of public sector superannuation schemes and to make superannuation related amendments to certain other Acts and regulations.
Superannuation Acts (Further Amendment) Act 1996
s. 2
Act No. 82/1996
2. Commencement
(1) Subject to this section, this Act comes into
operation on the day on which it receives the
Royal Assent.
(2) Sections 42 and 78 are deemed to have come into operation on 18 June 1996.
(3) Section 43 is deemed to have come into operation on 2 July 1996.
(4) Sections 3 to 34, 38 to 41, 44, 48 to 67 and 71 to 75 come into operation on 1 January 1997.
(5) Sections 35(2) and 37 come into operation on 1 March 1997.
_______________
Superannuation Acts (Further Amendment) Act 1996
s. 3
Act No. 82/1996
PART 2—AMENDMENT OF THE COAL MINES (PENSIONS)
ACT 1958
3. Repeal of provisions relating to Tribunal
(1) In the Coal Mines (Pensions) Act 1958—
(a) Division 3 of Part III is repealed;
(b)
sections 121, 123, 124, 126, 129 and 131 are repealed.
(2) Before section 101 of the Coal Mines (Pensions)
Act 1958 insert—
"100A. Administration of this Part
(1) This Part is to be administered by the Board
superannuation scheme and is appointed by
the Minister by notice published in thewhich administers a public sector of this Part.
(2) A reference in this Part to—
(a)
the Pensions Tribunal or the Tribunal is to be construed as a reference to the Board; and
(b)
the Chairman of the Tribunal is to be construed as a reference to the President or Chairperson of the Board, as the case may be.".
4. New section 115A inserted
After section 115 of the Coal Mines (Pensions)
Act 1958 insert—
"115A. Commutation of pension entitlement
(1) A person receiving a pension under this Part may elect in writing to the Board to convert his or her pension entitlement to a lump sum.
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Act No. 82/1996
(2) The amount of the lump sum payment is to
be determined by the Board on the advice of
an actuary.".
5. Consequential amendments
Sections 101, 102, 108, 109, 111, 114, 115 and
132 of the Coal Mines (Pensions) Act 1958 arerepealed.
_______________
Superannuation Acts (Further Amendment) Act 1996
s. 6
Act No. 82/1996
PART 3—AMENDMENT OF EMERGENCY SERVICES
SUPERANNUATION ACT 1986
6. Amendment of section 3
(1) In section 3 of the Emergency Services
Superannuation Act 1986 insert the following definitions—
' "adjusted total contributions" means the sum
of—
(a) the total contributions (other than optional contributions under section 20M made after 31 December 1987) which would have been made by a contributor under the Scheme if the salary of the contributor had always been equal to the salary of the contributor at the date of termination of service; and (b) termination of service of the contributor
a percentage of salary at the date of to the period of membership and contributions under a prior fund and any benefits paid to the contributor from a prior fund; and
(c) a percentage of salary at the date of termination of service of the contributor determined by the Board having regard to any money or other assets transferred from an approved superannuation arrangement;
"consumer price index" means the all groups
consumer price index number for all Capital
Cities published by the Commonwealth
Superannuation Acts (Further Amendment) Act 1996
s. 6
Act No. 82/1996
Statistician in respect of the June and
December quarter for each year;
"current equivalent of salary on termination of
service" means the salary that the Board determines, having regard to increases in salary that have occurred since the
termination of service of the former
contributor or former police recruit, as being
equivalent to the salary that was payable to
the contributor or police recruit immediatelyprior to termination of service;
"dependant" means in relation to a deceased
contributor or former contributor or member or former member or police recruit or former police recruit—
(a) the spouse or any child of the contributor or former contributor or member or former member or police recruit or former police recruit; or (b) any other person who in the opinion of the Board was at the date of death of the contributor or former contributor or member or former member or police recruit or former police recruit, wholly or partially dependent on the contributor or former contributor or member or former member or police recruit or former police recruit or who at that date had a legal right to look to the contributor or former contributor or member or former member or police recruit or former police recruit for financial support;
"ill health" means a continuous or recurring
impairment of the health of a contributor
which is due to a physical or mental
Superannuation Acts (Further Amendment) Act 1996
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Act No. 82/1996
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 contributor remains in his or her employment or returns to employment with an employer; and (c) does not preclude the contributor from seeking alternative employment; and (d) has not been incurred or inflicted for the purpose of obtaining a benefit; "nominee" means in relation to a deceased contributor or former contributor—
(a) any person nominated by the representative under section 20N(1); or
(b) any person deemed to be a contributor's
legal personal representative under
section 20N(3);
"operational staff member" means a contributor
who is or has been during any period of service in respect of which benefits may become payable under the Scheme—
(a)
a member of the Victoria Police who has completed a course either in Victoria or elsewhere which enables him or her to undertake general duties as a member of the Victoria Police and who has taken and subscribed an oath under section 13 of the Police Regulation Act 1958;
(b)
an employee of the Department of Natural Resources and Environment;
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(c) any employee within the meaning of paragraphs (c), (d) and (f) of the definition of "employee" who is declared or is within a class of persons which are declared for the purposes of this Act by the Minister by notice published in the Government Gazette and is designated by an employer as an operational staff member; (d) any other employee (other than an employee within the meaning of paragraphs (a), (ba), (e) and (g) of the definition of "employee") who is designated by an employer as an operational staff member and who is approved as such by the Board; "part–time contributor" means a contributor
employed on a permanent basis which
requires less than full-time service;
"prior fund" means—
(a) the Superannuation Fund operated
under the Superannuation Act 1958;
or(b) the Police Pensions Fund operated or
(c) the Metropolitan Fire Brigades
Superannuation Fund operated under
the Metropolitan Fire Brigades
Superannuation Act 1976; or(d) the Hospitals Superannuation Fund
operated under the Hospitals
Superannuation Act 1965; or
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Act No. 82/1996
(e) the State Superannuation Fund operated 1988;
"retrenchment" means the termination of
employment or service of a contributor who
has not attained the minimum age for
retirement and in respect of whom the
employer certifies in writing to the Board
that the contributor has been retrenched for
the purposes of this Act;
"salary" means—
(a) the Board, of the annual rate of
remuneration for the time being payable
periodically and regularly to a
contributor or a police recruit by an
employer excluding any expense of
office or uniform allowance,the amount, computed as determined by incidental expenses and all other allowances which would not ordinarily be payable in respect of every pay period in a year of employment or during the training of the police recruit; or
(b)
engaged under a contract of
employment, "salary" means the salary
for superannuation purposes specifiedin the case of a contributor who is contract of employment, notified in writing by that contributor's employer to the Board and which is approved by the Board;
Superannuation Acts (Further Amendment) Act 1996
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Act No. 82/1996
"spouse" means in relation to a person—
(a) that person's husband, wife, widower or widow; or (b) though not legally married to the first
mentioned person, in the opinion of the
Board lives or lived with the first
mentioned person as at the relevant date
(being, in the case of a deceased person,a person of the opposite sex who, domestic basis as the husband or wife of the first mentioned person;
"termination of service" means the cessation of
the employment of a contributor whether
voluntary or compulsory;'.
(2) In section 3 of the Emergency Services
Superannuation Act 1986, in the definition of
"disability" after "60 years" insert "or of a police
recruit".
7. Amendment of section 4
After section 4(1D) of the Emergency Services
Superannuation Act 1986 insert—
'(1E) For the purposes of the definition of "salary"
in section 3—
(a) leave of absence without pay or less
than full pay and is not acting as a full-
time officer of a union or employee
organisation, salary means the salary
that the contributor would have
received had the contributor not beenin the case of the contributor who is on than full pay and not been acting as a full-time officer of a union or employee
Superannuation Acts (Further Amendment) Act 1996
s. 7
Act No. 82/1996
organisation, or such greater salary as is
paid to the contributor by any otheremployer and approved by the Board;
(b) employee of a union or employee
organisation, the salary that the
contributor would have received hadin the case of the contributor who is an a union or employee organisation, or such greater salary as is paid to the contributor by the union or employee organisation and approved by the Board;
(c)
in the case of a part-time contributor, salary means the salary which would be payable at that time to a person in similar employment on a full-time basis;
(d)
if a contributor's salary is reduced, and the Board agrees that the reduction is not to be taken into account, salary means the greater of—
(i) the salary of the contributor reduction; and
(ii) the actual salary;
(e) in the case of a contributor who receives payments under section 20F(17) or 20F(18), salary includes those payments;
(f)
on and from 1 January 1994 for the purposes of sections 20C, 20D, 20E, 20F(1), 20G(1), 20G(3)(a), 20J and 20K, the salary used to determine the accrued benefit of a former contributor
Superannuation Acts (Further Amendment) Act 1996
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Act No. 82/1996
is the salary averaged over a period of 2 years prior to the date of termination of service calculated—
(i) in relation to a contributor with less than 2 years of service, an amount calculated in accordance
with the formula—
A 365
×
B 1 where—
"A" is the aggregate salary paidto the contributor in respect of the contributor's period of service;
"B" is the total number of days in
that period;
(ii) years or more of service, an
amount equal to one-half of the
contributor's aggregate salary forin relation to a contributor with 2 ending on the contributor'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 contributor during that period of
leave without pay, salary at the rate
payable to the contributor immediately
before the period of leave, or such
higher salary as has been approved by
the Board for the purposes of this sub-
section.'.
Superannuation Acts (Further Amendment) Act 1996
s. 8
Act No. 82/1996
8. Amendment of section 7
In section 7(9) of the Emergency Services substitute "procedures determined by the Board".
9. Actuarial reviews
After section 19(8) of the Emergency Services
Superannuation Act 1986 insert—"(9) The Minister must cause each actuary's report submitted to him or her to be laid before the Legislative Council and the
Legislative Assembly before the expiration of the seventh sitting day of the Legislative Council or the Legislative Assembly, as the case may be, after the actuary's report has
been received by the Minister.".
10. New sections inserted
After section 20 of the Emergency Services
Superannuation Act 1986 insert—
'20A. Contributions
(1) Subject to sub-section (2), a contributor must
make contributions to the Scheme on each date for payment of salary or, except when the contributor has become entitled to a
benefit under section 20D, 20F, 20J or 20K,
periodic payments under the Accident
Compensation Act 1985.(2) Subject to sub-sections (5), (6), (7) and (8), a
contributor may elect to make no
contributions or to make contributions at a
rate of 3%, 5%, 6%, 7% or 8% of salary.
(3) The contributions payable by a part-time
contributor are that proportion of the
contributions otherwise determined in
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Act No. 82/1996
accordance with this section that the service of the part-time contributor (at the time the contributions fall due) bears to the service of
a person in similar employment on a full-
time basis.(4) Subject to giving 2 months' notice in writing,
a contributor may vary the rate of
contribution once in any calendar year.
(5) A contributor who is not an operational staff member is permitted to contribute at a rate of 6% of salary only if the contributor is a
transferred officer.
(6) A contributor who is not an operational staff member is permitted to contribute at a rate of 7% of salary only if the contributor is a
transferred officer.
(7) A contributor is permitted to contribute at a rate of 8% of salary only if at the time of the first election under this section or at any
subsequent date on which contributions may
be varied—
(a) the contributor is a transferred officer and has contributed to the Fund established under the Superannuation Act 1958 and the Scheme for a total period of not less than 5 years; or (b) and has contributed to the Fund
established under the Metropolitanthe contributor is a transferred officer 1976 and the Scheme for a total period of not less than 15 years; or
(c)
the contributor is a transferred officer and has contributed to the Fund established under the Hospitals
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Superannuation Act 1965 and the Scheme for a total period of not less than 10 years; or
(d) the contributor is an operational staff member whose average contribution rate is less than 7% of his or her salary for each year of his or her membership.
(8) Contributions must cease when the accrued benefit of the member equals the maximum specified in section 20C.
(9) The Board may at its discretion accept on
behalf of a contributor a transfer of money or
other assets from an approved
superannuation arrangement.
(10) Contributors must make elections under this
section in the form specified by the Board.
(11) Employers must deduct contributions from
the salaries of contributors and pay them
without deduction to the Board.
(12) On and from 1 January 1994 a contributor
who had been a contributor at the rate of 9%
of salary prior to 1 January 1994 is to be
deemed to have elected to contribute at a rate
of 8% of salary with effect from the first full
pay day in January 1994.
20B. Membership
(1) For the purposes of this Part, membership
means the period of service up to the age of
65 years calculated in years including
fractions appropriate to complete days during
which the employee was entitled to make
contributions (other than contributions under
section 20M) to the Scheme.
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Act No. 82/1996
(2) Any period of membership as a part-time
contributor is reduced proportionately
according to the basis on which the part-time
contributor is employed.
(3) Membership includes—
(a) any leave of absence during which the contributor continues to receive salary from the employer or periodic payments under the Accident Compensation Act
1985; and(b) any leave of absence without pay on account of illness or injury certified by a registered medical practitioner; and (c) the employer of the contributor during
which the employer, or any other
employer of the contributor approved
by the Board, agrees to maintainany other leave of absence approved by 20Q.
(4) Membership does not include—
(a) any period prior to 1 January 1987; or
(b)
any period when a contributor was a contributor to a prior fund; or
(c)
any period in excess of 4 weeks when no contribution payments (other than optional contributions under section 20M) are made to the Scheme; or
(d)
any period in respect of which a benefit has previously been paid unless such part of that benefit (other than a pension under section 20F or 20G) as the Board requires has been repaid to the Scheme
Superannuation Acts (Further Amendment) Act 1996
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together with interest at a rate fixed by
the Board; or
(e) unless contributions required by section membership which would have been completed by age 60 by a contributor on leave of absence without pay other than leave on account of illness or injury certified by a registered medical practitioner.
20C. Accrued benefits
(1) The accrued benefit of a contributor is the
sum of—
(a)
10% of the salary of the contributor for each year of membership in which the contributor was entitled to make but did
not make contributions to the Scheme;
and(b)
16% of the salary of the contributor for each year of membership in which the contributor contributed 3% of salary to the Scheme; and
(c)
20% of the salary of the contributor for each year of membership in which the contributor contributed 5% of salary to the Scheme; and
(d)
24% of the salary of the contributor for each year of membership in which the contributor contributed 6% of salary to the Scheme; and
(e)
28% of the salary of the contributor for each year of membership in which the contributor contributed 7% of salary to the Scheme; and
Superannuation Acts (Further Amendment) Act 1996
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(f) 32% of the salary of the contributor for each year of membership in which the contributor contributed 8% of salary to the Scheme; and (g) 36% of the salary of the contributor for each year of membership in which the contributor contributed 9% of salary to the Scheme prior to 1 January 1994; and
(h) the percentage of the salary of the contributor that is determined by the Board having regard to the period of membership and contributions of the contributor under any prior fund and any benefits paid to the contributor from any prior fund; and (i) the percentage of the salary of the contributor that is determined by the Board having regard to any money or assets transferred from an approved superannuation arrangement.
(2) The accrued benefit of a contributor must not
exceed a maximum of 8·40 times the salary
of the contributor.
(3) For the purposes of sections 20F(8), 20F(9),
20F(10), 20F(19) and 20G(3)(b)(ii), the
salary used to determine the accrued benefit
of a former contributor is the current
equivalent of salary on termination of
service.
(4) In any case of a payment under this Part and which is made on or after 1 January 1994, the benefit calculated to be payable by the Board must not be less than any benefit that
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Act No. 82/1996
would have been payable if the benefit had
been paid prior to 1 January 1994.
Superannuation Acts (Further Amendment) Act 1996
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20D. Retirement of contributor
Subject to section 29A, upon the retirement of a contributor on or after attaining the age of 50 years, the Board must pay to the
contributor a lump sum equal to the accrued
benefit of the contributor.
20E. Death of contributor or police recruit
(1) Upon the death of a contributor who is an operational staff member before the age of 55, or if not an operational staff member
before the age of 60, the Board must pay to the dependants, or, if there are none, to the nominees, a lump sum equal to the accrued retirement benefit which would have been
payable if—
(a)
in the case of an operational staff member—
(i) the membership of the contributor the age of 55 years; and
(ii) the salary of the contributor at age 55 had been the salary at the date of death; and
(iii) from the date of death to
contribute the maximum rate
available to the contributor underthe contributor had been permitted at that rate; or
(b) in the case of any other contributor—
(i) the membership of the contributor the age of 60 years; and
Superannuation Acts (Further Amendment) Act 1996
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(ii) the salary of the contributor at age 60 had been the salary at the date of death; and
(iii) from the date of death to
contribute the maximum rate ofthe contributor had been permitted that rate.
(2) Upon the death of a contributor at or after the
age of 60, the Board must pay to the
dependants or, if there are none, to the
nominees, a lump sum equal to the accrued
benefit of the contributor at the date of death
calculated using the salary of the contributor
at the date of his or her death.
(3) Prospective membership of a contributor
who was at any time a part-time contributor is to be calculated proportionately according to the ratio the service rendered by the
contributor in the 3 years preceding death or
during the total service of the contributor
(whichever is less) bears to the service that
would have been required of a person in
similar employment throughout that periodon a full-time basis.
(4) Where a contributor who is not an
operational staff member and who is not a
transferred officer dies as the result of
traumatic bodily injury suffered in the course
of employment, the Board must pay to the
dependants or, if there are none, to the
nominees, a supplementary lump sum equalto the lesser of—
(a)
40% of the lump sum under sub-section (1); or
Superannuation Acts (Further Amendment) Act 1996
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(b) the difference between 8·40 times the salary and the lump sum under sub- section (1). (5) If a beneficiary is under the age of 18 years or if in the opinion of the Board it would be in the best interests of a beneficiary, the
Board may pay any benefit under this section to other persons selected by the Board for the benefit of the beneficiary.
(6) On the termination of the service of a police recruit because of death, the Board must pay to the dependants, in the proportions that the Board determines, a lump sum equal to the
lesser of—
(a) 8.40 times the salary of the police recruit at the date of death; or (b) the multiple of the salary of the police recruit which would have become payable under this section if the police recruit had become a contributor to the scheme and had died on the day of first becoming eligible to take and subscribe an oath under section 13 of the Police Regulation Act 1958. (7) The Board must not make a payment in
respect of the death of a police recruit or
former police recruit if the Board is unable,
after making reasonable enquiries, to locate
the person entitled to it.
(8) Upon acceptance of a payment under this
section, the Board is released from any
liability to make any further payments to, or
in respect of, any entitlements of the
deceased and this Act ceases to apply.
Superannuation Acts (Further Amendment) Act 1996
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20F. Disability of contributor or police recruit
(1) If a contributor who is an operational staff
member terminates service before the age of 55, or if the contributor is not an operational staff member and terminates before the age
of 60, and the contributor is suffering from pension at a rate of 1/12th of the sum of—
disability at the time of termination, the
(a) the lump sum which would have become payable under section 20E(1) if the contributor had died on the date of termination; and (b) if the disability is the result of traumatic bodily injury suffered in the course of employment, the supplementary lump sum which would have become payable under section 20E(4) if the contributor had died on the date of termination. (2) If a contributor who is an operational staff
member terminates service at or after the age
of 55, or if the contributor is not an
operational staff member and terminates at or
after the age of 60 and the contributor is
suffering from disability at the time of
termination, the Board must pay to the
contributor a lump sum equal to the accrued
benefit of the contributor at the date of
termination calculated using the salary of the
contributor at the date of termination.
(3) The pension under sub-section (1) is payable
during the life of the former contributor in
fortnightly instalments of one twenty-sixth of
the annual pension.
Superannuation Acts (Further Amendment) Act 1996
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(4) On the termination of the service of a police recruit because of disability, the Board must pay to the police recruit, for a period
determined by the Board but not exceeding 12 months, an annual pension at the rate of one-twelfth of the lump sum which would have become payable under section 20E if the police recruit had died on the date of
termination of services.
(5) At the end of a period determined by the
Board for payment of a pension the Board must, if the former police recruit is not gainfully employed—
(a)
continue the pension for a further period determined by the Board but not exceeding 12 months; or
(b) continue the pension indefinitely.
(6) A pension under sub-section (4) or (5) is payable in fortnightly instalments of one twenty-sixth of the annual pension.
(7) The pension payable to any former police
together with the amount of any periodic
payments under the Accidentrecruit must not exceed the amount which, former police recruit, equals the current equivalent of salary on termination of service. (8) On the death of a former contributor entitled to a pension under this section before the age of 65 years, or on the death of a former
police recruit entitled to a pension under this section before the age of 55 years, the Board must pay to the dependants or, if in the case of a former contributor there are none, to the
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nominees or to other persons selected in
accordance with section 20E(5), an amount
which is the greater of the accrued benefit
and—D (312 - X)
312
where—"D" is the benefit which would have been
payable if the former contributor or
former police recruit had died on the
date of the termination of service and if
the salary of the former contributor or
former police recruit had been the
current equivalent of the salary of the
former contributor or former police
recruit on termination of service; and
"X" is the number of fortnightly instalments
of pension received by the former
contributor or former police recruit.
(9) If on the death of a former contributor before age 60 any benefit payable under sub-section (8) is less than 4 times the current equivalent of the salary on termination of service of the former contributor, the benefit must be
increased to the lesser of that amount and the benefit which would have been payable if the former contributor had died on the date of
the termination of service and the salary of the former contributor had been the current equivalent of the salary of the former
contributor on termination of service. (10) A former contributor receiving a pension
under this section may—
Superannuation Acts (Further Amendment) Act 1996
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(a)
within the 3 months before the former contributor would attain the age of 60 years; or
(b)
within the 3 months before the former contributor would attain the age of 65 years—
elect to cease to receive the pension as from
the age of 60 or 65 years (as the case
requires) and to receive a benefit equal to theaccrued benefit of the former contributor.
(11) The Board may at any time require a former
contributor or former police recruit receiving a pension under this section to provide to the Board within 45 days of a request, any
information relating to the state of health or section and if the former contributor or former police recruit fails or refuses to provide the information the Board may upon written notice to the former contributor for former police recruit suspend or cancel the pension.
gainful employment of the former
contributor or former police recruit as the
(12) Subject to sub-section (17), if before a
former contributor or former police recruit
receiving a pension under this section attains
the age of 60 years the Board determines that
the former contributor or police recruit is
gainfully employed, or is not, or is no longer,
suffering from disability, the Board may—
(a)
reduce the pension to any level that the Board determines, having regard to the current equivalent of salary on
termination of service, the remuneration
the former contributor or former police
Superannuation Acts (Further Amendment) Act 1996
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recruit has derived from gainful
employment, and the earning capacity
of the former contributor or formerpolice recruit; or
(b) suspend the pension; or
(c) cancel the pension.
(13) For the purposes of sub-sections (5), (11),
(12) and (14) a person is to be treated as being gainfully employed if the person is deriving income wholly or partly from his or
her personal exertions whether on his or her own account, or delegation thereof, or under a contract of service or otherwise during the period that the person has been receiving the pension.
(14) The Board may from time to time review a determination to reduce or suspend benefits having regard to the current equivalent of
salary on termination of service, the income
the former contributor or police recruit has
derived from gainful employment, and the
earning capacity of the former contributor or
former police recruit, and may determineto—
(a) further reduce the pension; or
(b) suspend the pension; or(c) cancel the pension; or
(d) increase the pension to an amount not exceeding the pension which would have been payable if no previous determination had been made.
(15) A determination to reduce, suspend or cancel a pension does not take effect for a period of 3 months from the date of determination
Superannuation Acts (Further Amendment) Act 1996
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during which period the former contributor
or former police recruit may appeal to the
Board against the determination.(16) If the Board confirms the determination on
appeal, the reduction, suspension or
cancellation of pension will apply 3 months
after the original determination was made or
on the pension pay day following
determination of the appeal, whichever is the
later.
(17) If a former contributor or former police
recruit receiving a pension under this section
is again employed by an employer, the
pension must be suspended but the Board
may agree to pay to the contributor or police
recruit an amount up to the excess (if any) of
the current equivalent of salary on
termination of service over the salary payable
to the contributor or police recruit because
the person is unable to perform the previous
duties due to the state of his or her health.
(18) The Board may agree to pay to a transferred
officer an amount not exceeding any
fortnightly payments which the transferred
officer was receiving from a prior fund.
(19) If the Board cancels a pension under
sub-section (11), (12) or (14), the Board
must pay—
(a)
to a former contributor, a benefit equal to the accrued benefit of the former contributor; or
(b)
to a former police recruit, a benefit equal to his or her member's account balance.
Superannuation Acts (Further Amendment) Act 1996
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(20) The Board may make the payment of any
pension to a former police recruit conditional
on the former police recruit undertaking, at
the expense of the Board, a nominated course
of training or education.
(21) Upon acceptance of a payment under
sub-section (8), (9) or (10), the Board is released from any liability to make any further payment to, or in respect of, any entitlements of the deceased pensioner or
former contributor and this Act ceases to
apply.
20G. Temporary pension for illness or injury
(1) If the Board determines that a contributor
section 20F(1) is likely to substantially
recover from injury, disease or infirmity, thewho has applied for a disability benefit under paid a pension calculated in accordance with section 20F while absent from duties for a limited period of up to 12 months. (2) A contributor granted a pension under sub- section (1) is to be treated as being on leave of absence without pay on account of illness or injury certified by a registered medical
practitioner but in other respects section 20F
applies.
(3) At the expiration of the limited period for
payment of a pension, the Board must decide if the contributor does not return to duties—
(a)
to continue the pension while the contributor remains absent from duties for one further limited period of up to 12 months; or
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Act No. 82/1996
(b)
if the service of the contributor is terminated, to pay the contributor either—
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(i) a pension under section 20F; or
(ii) the contributor's accrued benefit.(4) If, under sub-section (3), the Board decides
to continue a pension for a second limited
period and determines that any pension
payable is conditional upon the contributor
undertaking a nominated course of training
or education referred to in sub-section (5),
the Board must, at the expiration of that
period, if the contributor does not return to
duties, decide to continue the pension until
the contributor has completed the nominated
course or 3 years of the nominated course,
whichever first occurs.
(5) The Board may determine that any pension
payable under sub-section (1), (3)(a) or (4) is
to be conditional upon the contributor
undertaking at the expense of the Board a
nominated course of training or education.
(6) Upon acceptance of a payment under
sub-section (3)(b), the Board is released from any liability to make any further payment to, or in respect of, any entitlements of the
former contributor and this Act ceases to
apply.
20H. Termination due to ill health
(1) This section applies if the Board determines
that—
(a)
a former contributor who is receiving an annual pension under section 20F and has applied for the payment of a benefit under this section; or
(b)
a contributor who has applied for the payment of an annual pension under
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section 20F and in respect of whom the contributor is not eligible to receive a benefit under section 20F or 20G(1); or
(c)
a contributor who is receiving a temporary pension under section 20G and in respect of whom the Board has determined that the contributor is not eligible to receive a benefit under section 20F or 20G—
qualifies for the payment of an ill health
benefit under this section.
(2) The payment under this section is to be a
lump sum equal to the accrued benefit of the contributor or former contributor at the date of termination calculated using the salary of the contributor at the date of termination or the current equivalent salary of the salary of the former contributor at the date of
termination.
(3) If a contributor or former contributor accepts
a payment under this section, the Board is
released from any liability to make any
further payments to, or in respect of, any
entitlements of the contributor or former
contributor or of any of his or her dependants
and this Act ceases to apply.
20I. Indexation of pensions
(1) In this section—
"prescribed half year" means the half year
ended 31 December 1986 or any
subsequent half year ending on 30 June
or 31 December in which the consumer
price index number is higher than the
previous highest consumer price index
Superannuation Acts (Further Amendment) Act 1996
s. 10
Act No. 82/1996
number in or since the half year ended
31 December 1986;"prescribed proportion" in relation to a
prescribed half year after 31 December
1986 means—
A B − B where—
"A" is the consumer price index
number for the prescribed half
year;
"B" is the consumer price index
number for the next preceding
prescribed half year.
(2) If the prescribed proportion consists of, or includes a fraction of, a whole number, it must be calculated to the nearest one-
hundredth part.
(3) Any pension under section 20F or 20G
must—
(a)
if it is then payable, be increased on the payment of the first instalment of pension in the month of June or December by an amount equal to one- sixth of the prescribed proportion for the next preceding prescribed half year (if any) of the pension for every whole month or part of a month during the preceding half year in respect of which a pension has been payable; or
(b)
if for any reason it is not then payable, be notionally so increased as if then payable.
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(4) Where any increase in any pension is likely
to jeopardise the granting of any pension, allowance, subsidy, concession or similar benefit to the pensioner under any Act of the
Commonwealth, the Board on receipt of a request in writing from the former contributor may commute to a lump sum the increase in the pension on such terms and conditions as may from time to time be determined by the Board after considering the advice of an actuary.
20J. Retrenchment of contributor
Subject to section 29A, if a contributor ceases to be employed before attaining the age of 50 years by reason of retrenchment, the Board must pay to the contributor a sum equal to the contributor's accrued benefit.
20K. Other termination of service of contributor
(1) The Board must not make any payments
under this section until it receives a
statement in the form approved by the Board
by or on behalf of the contributor as to
whether the contributor claims to have
ceased to be employed by reason of
retrenchment or whilst suffering from
disability or ill health.
(2) Subject to section 29A, when a contributor ceases to be employed before attaining the age of 50 years other than by reason of death
or retrenchment, or whilst suffering from
disability or ill health, the contributor is
entitled to be paid a sum equal to the sumof—
(a)
the accrued benefit of the contributor at the date 5 years before the date of
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s. 10
Act No. 82/1996
resignation, or if at that date the
contributor was a member of a prior
fund or an approved superannuation
arrangement the percentage of salarythat is determined by the Board; and
(b)
the adjusted total contributions of the contributor to the Scheme, a prior fund or approved superannuation arrangement in the period since the date 5 years prior to the date of resignation; and
(c)
3% of the salary of the contributor at the date of termination for each year of contribution by the contributor on or after 1 January 1987 up to a maximum of 5 years.
(3) If a contributor ceases to be employed after
attaining the age of 45 years other than by reason of death or retrenchment, or whilst suffering from disability or ill health, there is
to be substituted for the period of the 5 years
in sub-section (2) the period in years and
complete months from the date of
termination of service to the date on which
the contributor would attain the age of 50years.
20L. Restriction of death and disability benefits
(1) Full death and disability benefits must be
granted—
(a) to all operational staff members; and
(b) to all other transferred officers who were entitled to full death and disability benefits under a prior fund. (2) Any other contributor may at the discretion of the Board be requested to—
Superannuation Acts (Further Amendment) Act 1996
s. 10
Act No. 82/1996
(a) statement verified in any manner that
the Board may require with respect to
age, occupation, medical history,
condition of health and any otherfurnish to the Board a personal necessary or expedient; and
(b) undergo any examination by a registered medical practitioner, nominated by the Board, that the Board may consider necessary or expedient.
(3) The Board not later than 2 months after it
receives the personal statement and report of the medical examination in accordance with sub-section (2), must determine whether the contributor is subject to a health impairment which could provide grounds for a claim for disability benefits from the Scheme within 3 years and if the Board so determines may
declare the contributor to be a restricted
benefits contributor.(4) A contributor required to furnish information to the Board under sub-section (2) is to be treated as a restricted benefits contributor until the expiration of the period of 2 months
specified in sub-section (3) or any earlier
date that the Board decides that the
contributor is not a restricted benefitscontributor.
(5) The benefit payable in the event of the death
contributor is the accrued benefit for that
contributor or such greater amount as theor disability of a restricted benefits to the contributor.
Superannuation Acts (Further Amendment) Act 1996
s. 10
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(6) If the service of a contributor terminates by
reason of death, or whilst suffering from
disability that is caused by traumatic bodily
injury suffered by the contributor within 12
months (or such longer period as is approved
by the Board) prior to the termination of
service, the Board may determine that any
restriction imposed under this section be
waived.
(7) A restricted benefits contributor may within
2 months of a determination by the Board
under sub-section (3) and at any further
intervals that the Board may determine,
apply to the Board for reconsideration of the
determination.
(8) The Board may require a contributor making application under sub-section (7) to provide any further evidence of health or undergo any
further medical examinations that the Board
considers necessary or expedient.
20M. Optional contributions during leave of
absence
If an employer approves in advance leave of absence without pay for reasons other than illness or injury certified by a registered medical practitioner or employment by another employer who agrees to maintain contributions as required by section 20Q for more than 4 weeks, the contributor—
(a)
may elect to pay contributions for the period of the leave for a period not exceeding 7 years if the contributor is on parental leave or not exceeding 2 years if the member is on leave for any other reason except ill health at a rate of 2% (or such other percentage as is first
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determined by an actuary after the
commencement of section 10 of the
Superannuation Acts (Further
Amendment) Act 1996 and thereafter
during an actuarial investigation under
section 19(7) and which is specified in
the actuary's report), of the salary of the
contributor immediately before thecommencement of leave; and
(b)
upon payment of such contributions is to be treated in the event of death or the commencement to suffer disability before return from leave to have resumed duties on the day of such death or the commencement to suffer disability.
20N. Legal personal representatives
(1) A contributor may nominate any natural
person as a legal personal representative for
the purposes of this Part.
(2) The nomination must be made in a manner determined by the Board.
(3) A contributor's—
(a) natural and adoptive parents; and
(b)
siblings (whether or not they are related by blood to the contributor)—
are deemed to be a contributor's legal
personal representatives for the purposes ofthis Part.
20O. Death benefit when no dependants
(1) Notwithstanding anything in this Part if
following the death of a contributor or
former contributor the Board is unable to
locate a spouse, child or any other dependant
Superannuation Acts (Further Amendment) Act 1996
s. 10
Act No. 82/1996
or nominee of the contributor or former
contributor, the Board must pay to the
executor or administrator of the estate of the
contributor or former contributor the amount
by which the adjusted total contributions of
the contributor or former contributor exceed
the total benefits paid to or in respect of the
contributor or former contributor.(2) The Board may assume there are no
dependants or nominees who are deemed to
be legal personal representatives under
section 20N(3) if no persons have lodged
claims with the Board within 12 months of
the death of the contributor.
20P. Payment of benefits in case of multiple
claimants
If—
(a)
a contributor or former contributor dies; and
(b)
the Board is required to pay an amount to dependants or nominees; and
(c)
there is more than one dependant or nominee—
the Board may in its absolute discretion
determine what proportion (if any) of the
amount each dependant or nominee is toreceive.
20Q. Separate employer accounts
(1) The employer of each contributor must pay to the Board contributions equal to—
(a)
the percentages of amounts paid to contributors by way of salary; or
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Act No. 82/1996
(b) the multiples of contributions payable by contributors; or (c) the proportions of benefits paid in respect of former contributors that are for the time being fixed for the employer by the Board; or (d) an appropriate amount in Australian dollars fixed for the employer by the Board; or (e) any other amount being a combination of these types of contribution fixed for the employer by the Board. (2) For the purposes of this section, the Board
may make collective determinations for any
group of employers who consent to be
regarded as related employers.
(3) The Board must maintain a separate account
for each employer or for each group of
employers for whom a collective
determination is to be made.
(4) Each account maintained for the purposes of this section is to be credited with—
(a)
all amounts received by the Board from a prior fund or an approved superannuation arrangement in respect of contributors in the service of the employer or employers; and
(b)
all contributions received by the Board by or on behalf of contributors in the service of the employer or employers; and
(c)
the part of the investment earnings of the Scheme that the Board determines to be applicable to the account—
Superannuation Acts (Further Amendment) Act 1996
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Act No. 82/1996
and is to be debited with—
(d) all benefits paid to or in respect of contributors in respect of service of the employer or employers; and (e) the part of any money appropriated by the Board for the Management Account of the Board that the Board determines to be applicable to the account. (5) The Board must fix the contributions
calculated in accordance with sub-section (1)
for the purposes of this section after
considering the advice of the actuary as at the
commencement of each financial year and
must give to each employer notice in writing
of any such contributions so fixed not less
than 6 months before it is to have effect.
(6) The first percentages, multiples and
proportions fixed under this section must be
fixed as soon as possible after 1 January
1987 and have effect from that date.
20R. Remittance of contributions
(1) All contributions deducted from the salary of
a contributor and all amounts which an
employer is liable to pay to the Board
become payable to the Board at each
payment of an instalment of salary by that
employer.
(2) If an employer does not within 14 days after
an amount has become payable pay the
whole amount to the Board the employer
must, if the Board so demands, pay interest
on the amount remaining unpaid at the rate
for the time being fixed under section 2 of
the Penalty Interest Rates Act 1983 from
the date on which the amount became
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Act No. 82/1996
payable until the date on which it is paid to
the Board.
20S. Minimum Requisite Benefit
Notwithstanding anything contained in this contributor must not be less than the Minimum Requisite Benefit specified by the Actuary in the Benefit Certificate related to the Scheme and provided by the Actuary from time to time for the purposes of satisfying the requirements of the Commonwealth Superannuation Guarantee (Administration) Act 1992 and any regulations thereto.'.
11. New Part inserted
After Part 3 of the Emergency Services
Superannuation Act 1986 insert—
'PART 3A—ESSPLAN SCHEME
21. Definitions
In this Part—
"beneficiary" means a contributor or former contributor in respect of whom a beneficiary account is established;
"beneficiary account" means a
beneficiary's account established and
maintained by the Board for each
beneficiary under section 21J;
"casual employee" means a casual
employee as defined by the relevant
award determinations or an employee
deemed by the Board to be a casual
employee;
Superannuation Acts (Further Amendment) Act 1996
s. 11
Act No. 82/1996
"child", in relation to a member, means a
child of the member or of his or her
spouse, other than any child born more
than 10 months after his or her death;
"member" means a person who is a member of the ESSPLAN Scheme under section 4 (7) or a contributor who has made
contributions to the ESSPLAN Scheme;
"member's account balance" means the
credit balance in the member's account as at a particular date after all relevant credits and debits up to that date have been made;
"net earning rate" means in respect of any particular period, and for any particular purpose, the rate of earnings (which
may be positive or negative) as as the case may be, for that period and that purpose and having regard to—
determined by the Board in respect of
an investment fund or in respect of the
(a) the income derived from the investment of the Scheme or investment funds; and (b) losses in respect of any
any realised or unrealised gains or investment funds; and
(c) any tax; and
(d)
expenses of the Scheme or an investment fund not otherwise debited to member's accounts; and
Superannuation Acts (Further Amendment) Act 1996
s. 11
Act No. 82/1996
(e) any specified standards; and
(f)
any other matters the Board considers relevant;
"participating employer" means an
employer which employs any person defined as an "employee" within the meaning of section 3.
21A. ESSPLAN Scheme
(1) There is continued an arrangement within the Scheme called the ESSPLAN Scheme.
(2) The following are to form part of the
Scheme—
(a) participating employers and members
contributions made by, or in respect of, Part;
(b)
any other money or assets transferred to the Board for the purpose of forming part of ESSPLAN;
(c)
income derived from the investment of ESSPLAN;
(d)
the proceeds of the realisation of any investment of ESSPLAN;
(e)
any other money or assets which the Board determines are to form part of ESSPLAN.
21B. Membership of ESSPLAN
(1) Subject to this section, a person becomes a
member—
(a)
if the person is not an operational staff member of a participating employer and
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Act No. 82/1996
commences employment on or after 1
January 1994; or
(b) if the person employed by a participating employer applies in writing to the Board to become a member, if and when the Board accepts the application or from such later date as the Board may determine with the approval of the participating employer. (2) Subject to sub-section (4), a person who is an employee of a participating employer and has attained the age of 65 years is not eligible to
become a member, or to make contributions,
or to be the subject of contributions to the
Scheme.(3) Subject to sub-section (4), a person who is a member and attains the age of 65 years is to be taken to have ceased to be an employee of
a participating employer upon attaining that
age.(4) A person is eligible to remain or become a member of the Scheme even if that person has attained the age of 65 years if that person
is or becomes an employee of a participating
employer and sub-section (5) or (6) would
permit that person to make contributions or
to be the subject of contributions to the
Scheme.(5) Subject to sub-section (6), a member of the Scheme is eligible to make contributions or to be the subject of contributions to the
Scheme after attaining the age of 65 years if that member was at least 60 years of age on 1 July 1990, until that member attains the age of 70 years.
Superannuation Acts (Further Amendment) Act 1996
s. 11
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(6) Except as provided in sub-section (5), a
member of the Scheme is eligible to be the subject of contributions to the Scheme after the member has attained the age of 65 years only if the contributions are required to
(7) A person to whom sub-section (4) applies is reduce the employer's liability under the Charge Act 1992 or are 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 before 1 July 1986 under any law of Victoria or the Commonwealth of Australia. taken for the purposes of this Act to have
ceased to be an employee of a participating
employer upon that person attaining the age
of 70 years.(8) Subject to sub-section (9), if a participating
employer certifies in writing to the Board
that it is meeting its entire obligations under
the Commonwealth Superannuation
Guarantee (Administration) Act 1992 in
respect of a person through another
complying superannuation fund, then—
(a)
if that person is not a member of the Scheme, he or she is not eligible to become a member of the Scheme in respect of employment with that participating employer; or
(b)
if that person is a member of the Scheme, no further contributions are to be made to the Scheme in respect of that person by that participating employer.
Superannuation Acts (Further Amendment) Act 1996
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(9) Subject to the approval of the Board, sub-section (8) ceases to apply to an employee if the participating employer
certifies in writing to the Board that the
participating employer has ceased meeting its
obligations in respect of that employee under
the Commonwealth Superannuation
Guarantee (Administration) Act 1992
through another complying superannuationFund.
(10) A person ceases to be a member on—
(a) the death of that person; or
(b) the payment, cessation or termination under this Part of all benefits from the Scheme to which that person could become entitled; or
(c) the transfer of that person's member's account balance from the Scheme to another complying superannuation fund—
whichever first occurs
21C. Employer contributions
(1) Subject to sections 21B(8) and 21B(9), each participating employer must contribute to the Scheme in respect of each of its employees
who is a member of the Scheme so that the
employer does not have an individual
guarantee shortfall in relation to that member
under the Commonwealth Superannuation
Guarantee (Administration) Act 1992.(2) It is the sole responsibility of a participating
employer to ensure that the participating
employer complies with this section.
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s. 11
Act No. 82/1996
(3) A participating employer may make
contributions in respect of a member or class
of members which exceed the amount
specified in sub-section (1).
(4) The Board may accept in respect of a
member or class of members, contributions from a participating employer which exceed the amount specified in sub-section (1).
(5) A participating employer must make
contributions in the manner determined by
the Board.
21D. Member's contributions for ESSPLAN
(1) A member may in accordance with section
20A(4) elect in accordance with this Part
to—
(a) make contributions to the Scheme; or
(b)
vary the amount of contributions to the Scheme; or
(c)
cease making contributions to the Scheme.
(2) An election—
(a) must be in the form determined by the Board; and (b) must be accompanied by any information required by the Board; and (c) takes effect as from the day determined by the Board. (3) If a person who becomes a member in
accordance with section 21B(1)(a) is
required to contribute to a superannuation
fund and his or her employer is a
participating employer who is required under
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s. 11
Act No. 82/1996
a law of the Commonwealth of Australia to
contribute to the Scheme in respect of themember under section 21C(1)—
(a) the member is deemed to have elected to make contributions to the Scheme which are not less than the contributions required of the member; and (b) the contributions are made by member.
21E. Amount and payment of benefits under
ESSPLAN
(1) Except where a benefit is payable under
section 21H, a benefit payable to or in
respect of a member is an amount equal to
the member's account balance at the time the
benefit is paid.
(2) The benefit is payable in accordance with any relevant specified standards.
(3) Subject to sub-sections (2) and (4), the benefit is payable—
(a)
on the request of the member at any time after ceasing to be employed from the age of 55 years except for that part of the benefit which is subject to the specified standards; or
(b)
if a member, prior to attaining the age of 55 years applies in writing, in a form approved by the Board to receive all or any part of their non-preserved benefit and such application is approved by the Board; or
Superannuation Acts (Further Amendment) Act 1996
s. 11
Act No. 82/1996
(c) unless a member applies in writing, in a payment of benefits or pay such benefits to an investment fund maintained for that purpose by the Board and such application is approved by the Board; or
(d)
upon the attainment of the former member of the age of 65 years—
whichever first occurs.
(4) The benefit is payable if section 21B(7)
applies, as soon as practicable after the date
that the person attains the age of 70 years.
21F. Disability and death cover under ESSPLAN
(1) Subject to this section and section 21G, each member who does not have an entitlement to any disability or death benefit under Part 3
has, as from the date of commencing to be a member, disability and death benefits cover at a level determined from time to time by
the Board.
(2) The Board may determine the level of
disability and death benefits cover on any basis that the Board considers appropriate, including any of the following—
(a)
as a fixed dollar amount for each member;
(b)
as a dollar amount varying according to the age of the member or some other determinate factor;
(c)
as the difference between a fixed dollar amount and the member's account balance from time to time.
Superannuation Acts (Further Amendment) Act 1996
s. 11
Act No. 82/1996
(3) A member is not covered in the event of disability or death during the period of 2 years from the commencement of
membership of the Scheme which the Board
determines on the advice of a registered
medical practitioner is a direct consequence
of a medical condition which was pre-
existing at the commencement of
membership and is a medical condition in
respect of which a contract of insurance is
not available at a reasonable cost.(4) A member's disability and death benefits
cover in force under this section ceases 30
days after the earlier of—
(a)
section 21B(10) applying to that member; or
(b)
that member ceasing to be an employee of a participating employer—
unless the Board otherwise determines.
(5) A member who is not a casual employee or part-time contributor or who does not have an entitlement to any disability or death
benefit under Part 3 may subject to such
conditions as are determined by the Board
apply in accordance with this section to
terminate, change or reinstate his or herdisability and death benefits cover.
(6) An application for death and disability
cover—
(a)
must be in the form approved by the Board; and
(b)
must be accompanied by any information required by the Board.
Superannuation Acts (Further Amendment) Act 1996
s. 11
Act No. 82/1996
(7) The Board may require a member or a
contributor to submit to any medical
examinations that the Board considers
appropriate.
(8) The Board may obtain any evaluation of any
medical examinations or other information
provided as the Board considers appropriate.
(9) The Board may—
(a) approve an application; or
(b) approve an application subject to any appropriate; or
(c) in the case of an application to change or reinstate the level of cover, refuse the application on the ground that the applicant has failed to pass a medical examination or has not complied with any requirement made by the Board; or (d) in the case of an application to terminate, change or reinstate the level of cover, refuse the application on any other ground that it considers appropriate. (10) If the Board approves an application (with or without variations) the Board must determine the day as from which disability and death
benefits cover is to be terminated, changed or
reinstated.
(11) If the Board refuses an application the Board must advise the applicant of the refusal.
(12) An application for a disability benefit
provided for in this Part can only be made during the period of 6 months immediately after the member ceases to be employed by a
Superannuation Acts (Further Amendment) Act 1996
s. 11
Act No. 82/1996
participating employer or, if the Board
considers that there are special and
exceptional circumstances which have
prevented an application being made by or
on behalf of a member within that period,any longer period determined by the Board.
21G. Disability and death insurance under
ESSPLAN
(1) The Board must if it is reasonably possible enter into a contract of insurance in respect of the total amount of members' disability
and death benefits cover in force under
section 21F on terms and conditions
acceptable to the Board.(2) The Board must determine the proportion of the amount of the premiums paid under sub- section (1) which is to be debited to a
member's account.
(3) At any time before the payment of a benefit
to or in respect of a member under section
21H(1)(b), the Board may reduce that
member's disability and death cover or
impose terms and conditions on that cover
having regard to—
(a)
any failure to obtain insurance under sub-section (1) in respect of the whole of the member's disability and death benefits cover; and
(b)
any terms and conditions imposed by the relevant insurer in respect of insurance secured by the Board under sub-section (1).
21H. Amount and payment of disability or death
benefits
Superannuation Acts (Further Amendment) Act 1996
s. 11
Act No. 82/1996
(1) Subject to sub-section (2) and section 21E, in
the case of the disability or death of a member the benefit is to be equal to—
(a) the member's account balance at the time the benefit is paid; and (b) where the member died or became disabled while disability and death benefits cover for him or her under section 21F was in force, the amount of any insurance proceeds received by the entered into under section 21G, and interest on the basis determined by the Board in respect of the period up to the time the benefit is paid.
(2) A disability benefit that is payable under this Part is payable to that member.
(3) A death benefit in respect of a member that is payable under this Part is payable to such one or more of the member's dependants and
legal personal representatives and in such
proportions as the Board in its absolutediscretion determines.
21I. Member's accounts for ESSPLAN
(1) The Board must establish and maintain
within the Scheme a separate account for
each member.
(2) The Board must credit to a member's
account—
(a)
any employer contributions made in respect of that member; and
(b)
any contributions made by the member; and
Superannuation Acts (Further Amendment) Act 1996
s. 11
s. 11
Act No. 82/1996
(c) any net earnings calculated on the basis of the net earning rate of ESSPLAN or an investment fund; and (d) any other amount payable to the member's account, including any amount transferred from a complying superannuation fund.
(3) The Board must debit to a member's
account—
(a) respect of management and
administration costs incurred by thean amount determined by the Board in ESSPLAN; and
(b)
the amount of any premiums payable by or in respect of the member including any amount determined under section 21G(2); and
(c)
an amount determined by the Board in respect of any tax paid or payable by the Board in respect of contributions to a member's account; and
(d)
any net loss calculated on the basis of the net earning rate of the Scheme or an investment fund; and
(e)
the amount of any benefit payable to the member or payable in respect of the member; and
(f)
any amounts transferred to another complying superannuation fund; and
(g)
any other amount payable by the member.
21J. Beneficiaries Accounts
Superannuation Acts (Further Amendment) Act 1996
s. 11
Act No. 82/1996
(1) The Board may establish upon the request of
a beneficiary a special arrangement called a
beneficiary account.
(2) The payment of part or all of any lump sum
benefit payable under section 20D, 20F, 20G,
20H, 20J or 20K may be transferred to this
account.
(3) The balance or any part of the balance of a
beneficiary account established under
sub-section (1) is payable to the beneficiary
or the legal personal representatives of the
beneficiary (as the case requires) on—
(a) the request of the beneficiary, in a form approved by the Board and in accordance with section 21K(3); or (b) the death of the beneficiary, upon application by the legal personal representatives in a form approved by the Board in which case the whole of the balance of the account is payable. (4) If any lump sum benefit is not paid within 14 days of the date of termination of service of a contributor, the unpaid benefit is deemed to
have been transferred to a beneficiary in the circumstances at that time.
account on the date of termination of service
at a net earning rate and in such fund as the(5) The balance of a beneficiary account
established under sub-section (4) is payable
to the beneficiary or the legal personal
representative of the beneficiary (as the case
requires) on—
Superannuation Acts (Further Amendment) Act 1996
Act No. 82/1996
(a)
the request of the beneficiary, in a form approved by the Board and in accordance with section 21K(3); or
Superannuation Acts (Further Amendment) Act 1996
s. 11
Act No. 82/1996
(b) unless the Board otherwise determines the expiry of one year from the date of termination of service of the beneficiary; or
(c)
the death of the beneficiary, upon application by the legal personal representatives in a form approved by the Board in which case the whole of the balance of the account is payable—
whichever first occurs.
21K. Investment funds
(1) The Board may establish special
arrangements within the Scheme to be called
investment funds.(2) The Board may, with the consent of a
beneficiary or member, treat the whole or
part of a beneficiary's or member's account as
forming part of an investment fund.
(3) The Board may allow a beneficiary or
member to elect, at such time and on such
terms as the Board determines, to withdraw
the whole or part of a beneficiary's or
member's account from an investment fund
and to treat the whole or part of the same as
forming part of the Scheme or a different
investment fund or to pay the whole or part
been received by the Minister.".
43. Amendment of section 21C
(1) In section 21C(2) of the Parliamentary Salaries and Superannuation Act 1968—
(a) in paragraph (a) omit "20,";
(b) after paragraph (i) insert—
'(j) as if in section 20(1A) the definition of "cut off date" were omitted;
(k) of "eligible lump sum amount" after
as if in section 20(1A) in the definition "; or
Superannuation Acts (Further Amendment) Act 1996
s. 43
Act No. 82/1996
(c) any amounts received under
sections 15(2) and 15(3A) of the
Parliamentary Salaries and
Superannuation Act 1968.";
(l)
as if after section 20(1A) there were inserted—
"(1AAA) This section applies to a person
specified in section 21A(1)(a) of the Parliamentary Salaries and Superannuation Act 1968.";
(m) as if in sections 20(1AA) and 20(1AB) after "member" there were inserted "or on electing to transfer from Division 2 to Division 3 of the Parliamentary Salaries and Superannuation Act
1968";(n) as if in section 20, sub-sections (1AC), (2), (2A), (2B), (2C), (2D) and (5) were repealed.'.
(2) After section 21C(2) of the Parliamentary Salaries and Superannuation Act 1968 insert—
"(3) If a person specified in section 21A(1)(b) had a previous period of service as a member that terminated before 1 December 1993—
(a)
in respect of which the person received a benefit under section 15(2) before electing to transfer to this Division, the person must elect to repay the amount of that benefit or to have his or her entitlement to benefits under this Division reduced in accordance with section 15(4) as if that section applied to this Division; or
Superannuation Acts (Further Amendment) Act 1996
s. 44
Act No. 82/1996
(b) in respect of which the person received a pension benefit which he or she partly commuted to a lump sum under section 16 before electing to transfer to this Division, the person must have his or her entitlement to benefits under this Division reduced in accordance with sections 20(1) and 20(2) as if those
provisions applied to this Division.".
44. New section 23A inserted
After section 23 of the Parliamentary Salaries and Superannuation Act 1968 insert—
"23A. Early release of benefits
(1) The Parliamentary Trustee may approve the
early release of part or all of the vested
benefit entitlement of a member or former
member in accordance with the specified
standards.
(2) The Parliamentary Trustee must determine—
(a)
the amount of the vested benefit entitlement to be released; and
(b)
the method of payment of that amount; and
(c)
the reduction to be made to the vested benefit pension entitlement—
in accordance with the specified standards.".
45. Amendment of section 24C
After section 24C(1)(c) of the Parliamentary
Salaries and Superannuation Act 1968 insert—
Superannuation Acts (Further Amendment) Act 1996
s. 45
Act No. 82/1996
" ; and
(d)
specify the circumstances (other than death) in which an application for an early release of benefits may be made; and
(e)
specify the benefits in respect of which an application for an early release may be made; and
(f)
specify the method, manner and form in which benefits which are the subject of an application for an early release of benefits may be paid.".
_______________
Superannuation Acts (Further Amendment) Act 1996
s. 46
Act No. 82/1996
PART 7—AMENDMENT OF PORT OF GEELONG
AUTHORITY ACT 1958
46. New section 12A inserted
After section 12 of the Port of Geelong
Authority Act 1958 insert—
"12A. Closure of PGASF
(1) The administrators of the Port of Geelong
Authority Superannuation Fund must upon the application of a contributor transfer the balance of the contributor's contribution
account, authority account and productivity
increase account to a complying
superannuation fund nominated by the
contributor.(2) An application under sub-section (1) must be made before 3 February 1997.
(3) If a contributor has not made an application under sub-section (1), the administrators of the Port of Geelong Authority
Superannuation Fund must on 28 February
1997 transfer the balance of the contributor'saccounts specified in sub-section (1)—
(a) participating employer for the purposes
of Part 7B of the Local Authorities
Superannuation Act 1988, to theif the contributor's employer is a Fund; or
(b) participating employer for the purposes
of the Public Sector Superannuationif the contributor's employer is a Victorian Superannuation Fund.
Superannuation Acts (Further Amendment) Act 1996
s. 47
Act No. 82/1996
(4) The Authority must meet any deficit in the Port of Geelong Authority Superannuation Fund after all the accounts specified in
sub-section (1) have been transferred. (5) When the Port of Geelong Authority
Superannuation Fund ceases to have any
contributors, the Fund ceases to exist and the
Authority must wind up the Port of Geelong
Authority Superannuation Fund Pty Ltd.(6) The administrators are released from any liability in respect of the entitlements of a contributor as soon as the balance of the
accounts specified in sub-section (1) is
transferred to the relevant complyingsuperannuation fund.".
47. Repeal of section 13
Section 13 of the Port of Geelong Authority Act
1958 is repealed.
_______________
Superannuation Acts (Further Amendment) Act 1996
s. 48
Act No. 82/1996
PART 8—AMENDMENT OF PUBLIC SECTOR
SUPERANNUATION (ADMINISTRATION) ACT 1993
48. Power of delegation
In section 3(1) of the Public Sector
Superannuation (Administration) Act 1993, in
the definition of "participating employer" for
"Minister" substitute "Secretary to theDepartment of Treasury and Finance".
49. New section 42A inserted
After section 42 of the Public Sector
Superannuation (Administration) Act 1993insert—
"42A. Early release of benefits
(1) The Board may approve the early release of
part or all of the amount of a member's account balance in accordance with the specified standards.
(2) The Board must determine—
(a) the amount to be released; and
(b)
the method of payment of that amount; and
(c)
the reduction to be made to the member's account balance—
in accordance with the specified standards.".
50. Amendment of section 53
Section 53(2) of the Public Sector
Superannuation (Administration) Act 1993 is
repealed.
Superannuation Acts (Further Amendment) Act 1996
s. 51
Act No. 82/1996
51. Amendment of section 68A
After section 68A(1)(c) of the Public Sector
Superannuation (Administration) Act 1993insert—
" ; and
(d)
specify the circumstances (other than death or disability) in which an application for an early release of benefits may be made; and
(e)
specify the benefits in respect of which an application for an early release may be made; and
(f)
specify the method, manner and form in which benefits which are the subject of an application for an early release of benefits may be paid.".
_______________
Superannuation Acts (Further Amendment) Act 1996
s. 52
Act No. 82/1996
PART 9—AMENDMENT OF STATE EMPLOYEES RETIREMENT BENEFITS ACT 1979
52. Amendment of section 18
In section 18(2) of the State Employees Retirement Benefits Act 1979 for "12" substitute "6".
53. Amendment of section 54
In section 54 of the State Employees Retirement
Benefits Act 1979—
(a) in sub-section (1) omit "or his employer on his behalf"; (b) in sub-section (1)(a) for "fit to continue in his employment" substitute "not suffering from a disability"; (c) in sub-sections (1)(b), (2) and (3) for benefit";
(d)
in sub-section (4) for "sub-section (1)" substitute "sub-section (1)(b)";
(e)
in sub-section (4) for "fit to continue his employment" substitute "or is not disabled";
(f)
in sub-section (5) for "sub-section (1)" substitute "sub-section (1)(a) or (4)";
(g)
in sub-section (5) for "fit to continue in his employment and the member refuses to do so" substitute "not disabled and refuses to return to his or her employer".
54. Amendment of section 60
In section 60 of the State Employees Retirement disability pensioner's duties or any other duties for
Superannuation Acts (Further Amendment) Act 1996
s. 55
Act No. 82/1996
which the disability pensioner is suited by
education, training or experience or for which the
disability pensioner would be suited as a result of
retraining" substitute "no longer suffering from adisability".
55. Section 65A repealed
Section 65A of the State Employees Retirement
Benefits Act 1979 is repealed.
56. New section 68 inserted
After section 67 of the State Employees Retirement Benefits Act 1979 insert—
"68. Early release of benefits
(1) The Board may approve the early release of
part or all of the vested benefit of a contributor or former contributor in accordance with the specified standards.
(2) The Board must determine—
(a)
the amount of the vested benefit to be released; and
(b)
the method of payment of that amount; and
(c)
the reduction to be made to the vested benefit—
in accordance with the specified standards.".
57. Amendment of section 73
After section 73(1)(c) of the State Employees
Retirement Benefits Act 1979 insert—
" ; and
(d)
specify the circumstances (other than death, disability or ill health) in which an application for an early release of benefits may be made; and
Superannuation Acts (Further Amendment) Act 1996
s. 57
Act No. 82/1996
(e)
specify the benefits in respect of which an application for an early release may be made; and
(f)
specify the method, manner and form in which benefits which are the subject of an application for an early release of benefits may be paid.".
_______________
Superannuation Acts (Further Amendment) Act 1996
s. 58
Act No. 82/1996
PART 10—AMENDMENT OF STATE SUPERANNUATION
ACT 1988
58. Amendment of definitions
(1) In section 3(1) of the State Superannuation Act
1988 for the definition of "resignation"
substitute—
' "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;'.
(2) In section 3(1) of the State Superannuation Act
1988 in the definition of "minimum age for
retirement" for "an earlier age for retirement"
substitute "an entitlement to an accrued benefit at
an earlier age than 55 years".
59. Amendment of sections 16 and 16A
(1) Section 16(5) of the State Superannuation Act 1988 is repealed.
(2) Sections 16A(4) and 16A(5) of the State
Superannuation Act 1988 are repealed.
60. Amendment of section 23
In section 23(3) of the State Superannuation Act
1988 for "12" substitute "6".
61. Amendment of section 37
In section 37(1) of the State Superannuation Act 1988 after "section 36(3)" insert "(adjusted in accordance with section 91 up to the date of death of the pensioner)".
Superannuation Acts (Further Amendment) Act 1996
s. 62
Act No. 82/1996
62. Amendment of section 47
In section 47(5) of the State Superannuation Act
1988—
(a) for "marries" substitute "has a spouse";
(b)
for "marriage" substitute "spouse and that person, born after becoming his or her spouse".
63. New section 71A inserted
After section 71 of the State Superannuation Act
1988 insert—
"71A. Early release of benefits
(1) The Board may approve the early release of part or all of the vested benefit of a member or former member in accordance with the
specified standards.
(2) The Board must determine—
(a)
the amount of the benefit to be released; and
(b)
the method of payment of that amount; and
(c)
the reduction to be made to the vested benefit—
in accordance with the specified standards.".
64. Amendment of section 90A
In section 90A(1)(b) of the State Superannuation member".
65. Amendment of section 92A
After section 92A(1)(c) of the State Superannuation Act 1988 insert—
Superannuation Acts (Further Amendment) Act 1996
s. 66
Act No. 82/1996
" ; and
(d)
specify the circumstances (other than death, disability or ill health) in which an application for an early release of benefits may be made; and
(e)
specify the benefits in respect of which an application for an early release may be made; and
(f)
specify the method, manner and form in which benefits which are the subject of an application for an early release may be paid.".
66. New section 99 inserted
After section 98 of the State Superannuation Act
1988 insert—
"99. Transfer of members under section 4(1BA)
of ESSA
(1) This section applies to an officer who elects to transfer to the new scheme under section 4(1BA) of the Emergency Services
Superannuation Act 1986.
(2) Upon electing to transfer to the new scheme
the officer becomes a member of the new scheme with a resignation benefit and an accrued retirement benefit calculated in
accordance with Part 3 of the Emergency not adjusted in accordance with section 25A of that Act, adjusted in accordance with section 71B of this Act and certified by an actuary appointed by the Emergency Services Superannuation Board.
Superannuation Acts (Further Amendment) Act 1996
s. 67
Act No. 82/1996
(3) From the date of becoming a member of the new scheme the officer is entitled to receive benefits as a member of the new scheme.
(4) The Emergency Services Superannuation
Board must transfer to the Fund assets of the Emergency Services Superannuation Scheme equal to the liability of the scheme up to the
date of transfer of the officer in respect of the
entitlement under sub-section (2) as
determined by an actuary appointed by the
Emergency Services Superannuation Board.(5) As soon as the assets have been transferred the assets form part of the Fund.
(6) The Emergency Services Superannuation
Board is released from any liability in respect of the entitlement of an officer as soon as the assets have been transferred.
(7) No stamp duty or other tax is payable under
any Act in respect of anything done under
this section.
(8) Any dispute between the Emergency
Services Superannuation Board and the
Board in respect of assets to be transferred
under this section is to be determined by the
Minister.".
67. Consequential amendments
Sections 47(10), 47(11), 58(4), 58(5), 61(7) and
61(8) of the State Superannuation Act 1988 arerepealed.
_______________
Superannuation Acts (Further Amendment) Act 1996
s. 68
Act No. 82/1996
PART 11—AMENDMENT OF SUPERANNUATION
(PORTABILITY) ACT 1989
68. Amendment of section 5
For section 5(2)(a) of the Superannuation
(Portability) Act 1989 substitute—"(a) Retirement at or after the age fixed in the
governing instrument of the member's
statutory superannuation scheme as in force
at the time the member made the election
under sub-section (1);".
69. Amendment of section 7
(1) In section 7(1) of the Superannuation
(Portability) Act 1989 for paragraph (a), (b) and
(c) substitute—"(a) the governing instrument of the member's
statutory superannuation scheme as in force
at the time the member made the electionunder section 5(1); and ".
(2) In section 7(2) of the Superannuation
(Portability) Act 1989 for paragraphs (a), (b) and
(c) substitute—"(a) the governing instrument of the member's
statutory superannuation scheme as in force
at the time the member made the electionunder section 5(1); and".
70. Amendment of section 10
In section 10(1)(b) of the Superannuation
(Portability) Act 1989 for sub-paragraphs (i), (ii)
and (iii) substitute—"(i) the governing instrument of the member's
statutory superannuation scheme as in force
Superannuation Acts (Further Amendment) Act 1996
s. 70
Act No. 82/1996
at the time the member made the election
under section 5(1); and".
_______________
Superannuation Acts (Further Amendment) Act 1996
s. 71
Act No. 82/1996
PART 12—AMENDMENT OF TRANSPORT
SUPERANNUATION ACT 1988
71. Amendment of definition
(1) In section 3(1) of the Transport Superannuation Act 1988 after the definition of "Board" insert—
' "child", in relation to a member, means a child of the member or of his or her spouse, other than any child born more than 10 months
after his or her death;'.
(2) In section 3(1) of the Transport Superannuation
Act 1988 for the definition of "resignation" substitute—
' "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;'.
72. Amendment of section 22
(1) In section 22(1) of the Transport
Superannuation Act 1988 for "30 June 1990" substitute "30 June 1997".
(2) In section 22(3) of the Transport
Superannuation Act 1988 for "12" substitute
"6".
73. Amendment of section 31
In section 31 of the Transport Superannuation
Act 1988—
(a)
in sub-sections (2), (3) and (4) before "member" insert "former";
(b) in sub-section (4) omit "or other persons".
Superannuation Acts (Further Amendment) Act 1996
s. 74
Act No. 82/1996
74. Section 44D substituted
For section 44D of the Transport
Superannuation Act 1988 substitute—
"44D. Early release of benefits
(1) The Board may approve the early release of part or all of the vested benefit of a member or former member in accordance with the
specified standards.
(2) The Board must determine—
(a)
the amount of the vested benefit to be released; and
(b)
the method of payment of that amount; and
(c)
the reduction to be made to the vested benefit—
in accordance with the specified standards.".
75. Amendment of section 53
After section 53(1)(c) of the Transport
Superannuation Act 1988 insert—
" ; and
(d)
specify the circumstances (other than death or disability) in which an application for an early release of benefits may be made; and
(e)
specify the benefits in respect of which an application for an early release may be made; and
(f)
specify the method, manner and form in which benefits which are the subject of an application for an early release of benefits may be paid.".
_______________
Superannuation Acts (Further Amendment) Act 1996
s. 76
Act No. 82/1996
PART 13—MISCELLANEOUS
76. New section 27A inserted into Equal Opportunity Act 1995
After section 27 of the Equal Opportunity Act
1995 insert—
"27A. Exception—early retirement schemes
(1) In deciding the terms on which to offer an
employee an incentive to resign or retire, an
employer may take into account the age of
the employee and any eligibility of the
employee to receive a retirement benefit
from a superannuation fund.
(2) Sub-section (1) applies, and is deemed
always to have applied, to anything done by
an employer on or after 1 January 1996.".
77. Port of Melbourne Authority (Superannuation) Regulations 1989
In regulation 6(1) of the Port of Melbourne
Authority (Superannuation) Regulations 1989
(S.R. No. 90/1989) for the definition of"retrenchment" substitute—
' "retrenchment" means the termination of
has not attained the minimum age for
retirement and in respect of whom theemployment or service of an employee who employee has been retrenched for the purposes of these Regulations;".
78. Statute law revision
In the Superannuation Acts (Amendment) Act
1996—
(a)
in section 62 for "1988" substitute "1958"; and
Superannuation Acts (Further Amendment) Act 1996
s. 79
Act No. 82/1996
(b)
in section 134(5) for "1988" substitute "1995".
79. Repeals
The Superannuation Acts (Amendment) Act
1996 is repealed.
═══════════════
Superannuation Acts (Further Amendment) Act 1996
Notes
Act No. 82/1996
NOTES
†
Minister's second reading speech—
Legislative Assembly: 14 November 1996
Legislative Council: 5 December 1996
The long title for the Bill for this Act was "to amend the Coal Mines (Pensions) Act 1958, the Emergency Services Superannuation Act 1986, the Hospitals Superannuation Act 1988, the Local Authorities
Superannuation Act 1988, the Port of Geelong Authority Act 1958,
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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