Superannuation Legislation Amendment Act 2010 (NSW)

An Act to amend various superannuation Acts with respect to death and disability benefits for ambulance officers, deferred superannuation benefits and reductions and increases in benefits for tax purposes; and for other purposes.

1Name of Act

This Act is the Superannuation Legislation Amendment Act 2010.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

Schedules 1, 2

(Repealed)

Schedule 3Amendment of State Authorities Superannuation Act 1987 No 211[1]–[7]

(Repealed)

[8]Part 5E

Insert after Part 5D:

Part 5EDeath or incapacity benefits for ambulance officers46ALDefinitions

In this Part:

ambulance officer means a member of the NSW Health Service who is an officer within the meaning of the ambulance officers award.

ambulance officers award means a State industrial instrument prescribed by the regulations for the purposes of this definition.

amending Act means the Superannuation Legislation Amendment Act 2010.

death or incapacity benefit means a benefit payable to or in respect of an ambulance officer under an ambulance officers award (whether provided for in that award or by or under any Act, law or instrument) if:

• (a)

  the ambulance officer dies, or

• (b)

  the ambulance officer suffers total and permanent incapacity or partial and permanent incapacity.

46AMApplication of Part

This Part has effect despite any other provision of this Act or the regulations.

46ANProvision to be made with respect to death or incapacity benefits for ambulance officers(1)

The regulations may make provision for or with respect to the following:

• (a)

  the effect on coverage under this Act for an additional benefit, and liability to pay the additional benefit levy, of a contributor or former contributor who is or was an ambulance officer and who is covered for a death or incapacity benefit,

• (b)

  preventing the repayment of any additional benefit levy paid by a contributor or former contributor who is or was an ambulance officer,

• (c)

  any other matter that is necessary or convenient for the purposes of complying with or giving effect to an ambulance officers award or this Part.

(2)

Any such regulations may take effect from the date of commencement of this Part, as inserted by the amending Act, or the date on which an ambulance officers award first applies to an ambulance officer (whichever is earlier).

(3)

Without limiting section 46AM, regulations may be made under this Part that are inconsistent with Part 3, 4, 5 or 6 of this Act, or any regulations made under those Parts, but only to the extent that the inconsistency with any of those provisions is necessary for the purpose of compliance with or giving effect to an ambulance officers award.

[9]

(Repealed)

Schedule 4

(Repealed)