Superannuation Acts (Further Amendment) Act 1999 (Vic)

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Superannuation Acts (Further Amendment) Act

1999

Act No. 13/1999

TABLE OF PROVISIONS

Section Page
PART 1—PRELIMINARY 1
1. Purpose 1
2. Commencement 2

PART 2—AMENDMENT OF EMERGENCY SERVICES

SUPERANNUATION ACT 1986 3
3. Specified standards 3
23AA. Payment of benefits subject to specified standards 3
4. Consequential amendments 3
PART 3—AMENDMENT OF MAGISTRATES' COURT ACT 1989 4
5. Amendment of section 7 4
6. New section 10A inserted 4
10A. Pension of Chief Magistrate 4

PART 4—AMENDMENT OF PARLIAMENTARY SALARIES

AND SUPERANNUATION ACT 1968 6
7. Specified standards 6
21D. Payment of benefits subject to specified standards 6

PART 5—AMENDMENT OF PUBLIC SECTOR

SUPERANNUATION (ADMINISTRATION) ACT 1993 7
8. Amendment of section 66 7
9. Amendment of section 68C 7

PART 6—AMENDMENT OF STATE EMPLOYEES

RETIREMENT BENEFITS ACT 1979 8
10. Specified standards 8
66A. Payment of benefits subject to specified standards 8
11. Repeal of section 61 8

i

Section Page
PART 7—AMENDMENT OF STATE SUPERANNUATION ACT

1988   9

12. Specified standards 9
59A. Payment of benefits subject to specified standards 9
13. Amendment of section 94 9
14. Amendment of section 101 9

PART 8—AMENDMENT OF SUPERANNUATION

(PORTABILITY) ACT 1989 11
15. Payment of deferred benefit 11
16. Specified standards and other provisions 11
7A. Payment of benefits subject to specified standards and
other provisions 11

PART 9—AMENDMENT OF TRANSPORT SUPERANNUATION

ACT 1988 12
17. Specified standards 12
36B. Payment of benefits subject to specified standards 12

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NOTES 13

ii

Victoria

No. 13 of 1999

Superannuation Acts (Further

Amendment) Act 1999†

[Assented to 11 May 1999]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to—

(a)

make miscellaneous amendments to specified Superannuation Acts; and

(b)

amend the Magistrates' Court Act 1989 in relation to the pension entitlements of the Chief Magistrate.

Superannuation Acts (Further Amendment) Act 1999

Act No. 13/1999 s. 2

2. Commencement

(1) This Act, other than Part 3, comes into operation

on the day on which it receives the Royal Assent.

(2) Part 3 is deemed to have come into operation on

7 May 1996.

_______________
Superannuation Acts (Further Amendment) Act 1999

s. 3 Act No. 13/1999

PART 2—AMENDMENT OF EMERGENCY SERVICES

SUPERANNUATION ACT 1986

3. Specified standards

Before section 23A of the Emergency Services

Superannuation Act 1986 insert—

"23AA. Payment of benefits subject to specified

standards

Notwithstanding anything to the contrary in this Act, the payment of any benefit under this Act is subject to any relevant specified standards.".

4. Consequential amendments

In sections 20D, 20J and 20K(2) of the
Emergency Services Superannuation Act 1986

omit "Subject to section 29A,".

_______________
Superannuation Acts (Further Amendment) Act 1999

Act No. 13/1999 s. 5

PART 3—AMENDMENT OF MAGISTRATES' COURT

ACT 1989

5. Amendment of section 7

In section 7(7) of the Magistrates' Court Act 1989, after "magistrate" insert ", other than a Chief Magistrate appointed on or after 7 May 1996,".

6. New section 10A inserted

After section 10 of the Magistrates' Court Act

1989 insert—

"10A. Pension of Chief Magistrate

(1) The Chief Magistrate and the spouse and

children of the Chief Magistrate are entitled to pensions in the same circumstances and at the same rates and on the same terms and
conditions as a judge of the County Court
(other than the Chief Judge) and the spouse
and children of such a judge are entitled to
pensions under section 14 of the County

Court Act 1958.

(2) A pension under this section is liable to be

suspended or determined in the same or determined.

circumstances and to the same extent as
pensions under section 14 of the County

(3) Pensions under this section are payable out

of the Consolidated Fund which is hereby to
the necessary extent appropriated
accordingly.

(4) This section applies in respect of the

appointment of a Chief Magistrate made on
or after 7 May 1996.".

Superannuation Acts (Further Amendment) Act 1999

Act No. 13/1999

_______________
Superannuation Acts (Further Amendment) Act 1999

Act No. 13/1999 s. 7

PART 4—AMENDMENT OF PARLIAMENTARY SALARIES

AND SUPERANNUATION ACT 1968

7. Specified standards

Before section 22 of the Parliamentary Salaries and Superannuation Act 1968 insert—

"21D. Payment of benefits subject to specified

standards

Notwithstanding anything to the contrary in this Act, the payment of any benefit under this Act is subject to any relevant specified standards.".

_______________
Superannuation Acts (Further Amendment) Act 1999

s. 8 Act No. 13/1999

PART 5—AMENDMENT OF PUBLIC SECTOR

SUPERANNUATION (ADMINISTRATION) ACT 1993

8. Amendment of section 66

(1) In section 66(1) of the Public Sector

Superannuation (Administration) Act 1993

after "44D" insert ", 45".

(2) After section 66(8) of the Public Sector

Superannuation (Administration) Act 1993
insert—
"(9) Notwithstanding anything to the contrary in

this section, the governing instrument of the MTA Superannuation Fund is to be read and construed subject to—

(a) any relevant specified standards; and

(b)

any provisions of a relevant relating to anti-discrimination.".

9. Amendment of section 68C

After section 68C(2) of the Public Sector
Superannuation (Administration) Act 1993

insert—

"(2A) Sub-section (2) is subject to—

(a) any relevant specified standards; and

(b)

any provisions of a relevant relating to anti-discrimination.".

_______________
Superannuation Acts (Further Amendment) Act 1999

Act No. 13/1999 s. 10

PART 6—AMENDMENT OF STATE EMPLOYEES

RETIREMENT BENEFITS ACT 1979

10. Specified standards

Before section 67 of the State Employees

Retirement Benefits Act 1979 insert—

"66A. Payment of benefits subject to specified

standards

Notwithstanding anything to the contrary in this Act, the payment of any benefit under this Act is subject to any relevant specified standards.".

11. Repeal of section 61

Section 61 of the State Employees Retirement

Benefits Act 1979 is repealed.

_______________
Superannuation Acts (Further Amendment) Act 1999

s. 12 Act No. 13/1999

PART 7—AMENDMENT OF STATE SUPERANNUATION

ACT 1988

12. Specified standards

Before section 60 of the State Superannuation

Act 1988 insert—

"59A. Payment of benefits subject to specified

standards

Notwithstanding anything to the contrary in this Act, the payment of any benefit under this Act is subject to any relevant specified standards.".

13. Amendment of section 94

(1) In section 94(1C) of the State Superannuation

Act 1988 after "sections" insert "71A,".

(2) After section 94(1C) of the State

Superannuation Act 1988 insert—

"(1D) Sub-section (1A) is subject to—

(a) any relevant specified standards; and

(b)

any provisions of a relevant relating to anti-discrimination.".

14. Amendment of section 101

(1) After section 101(1) of the State Superannuation

Act 1988 insert—

"(1A) Sub-section (1) is subject to—

(a) any relevant specified standards; and

(b)

any provisions of a relevant relating to anti-discrimination.".

Superannuation Acts (Further Amendment) Act 1999

Act No. 13/1999 s. 14

(2) In section 101(4) of the State Superannuation

Act 1988 after "sections" insert "71A,".

_______________
Superannuation Acts (Further Amendment) Act 1999

s. 15 Act No. 13/1999

PART 8—AMENDMENT OF SUPERANNUATION

(PORTABILITY) ACT 1989

15. Payment of deferred benefit

(1) In section 3(1) of the Superannuation

(Portability) Act 1989, in the definition of

"retirement benefit" omit "upon retirement".

(2) In section 5(2) of the Superannuation

(Portability) Act 1989—

(a)

for "The deferred retirement benefit" under this Act";

(b)

for "retirement at or after the age" substitute "the member attains the minimum retirement age".

16. Specified standards and other provisions

After section 7 of the Superannuation
(Portability) Act 1989 insert—

"7A. Payment of benefits subject to specified

standards and other provisions

Notwithstanding anything to the contrary in this Act or the governing instrument of the member's statutory superannuation scheme, the payment of any benefit under this Act is subject to—

(a) any relevant specified standards; and

(b)

any provisions relating to the early release of benefits—

which apply to the member's statutory

superannuation scheme.".

_______________
Superannuation Acts (Further Amendment) Act 1999

Act No. 13/1999 s. 17

PART 9—AMENDMENT OF TRANSPORT

SUPERANNUATION ACT 1988

17. Specified standards

Before section 37 of the Transport Superannuation Act 1988 insert—

"36B. Payment of benefits subject to specified

standards

Notwithstanding anything to the contrary in this Act, the payment of any benefit under this Act is subject to any relevant specified standards.".

═══════════════
Superannuation Acts (Further Amendment) Act 1999

Notes Act No. 13/1999

NOTES

Minister's second reading speech—

Legislative Assembly: 25 March 1999

Legislative Council: 21 April 1999

The long title for the Bill for this Act was "to amend the Emergency
Services Superannuation Act 1986, the Magistrates' Court Act 1989,
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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