Superannuation Legislation (Further Amendment) Act 1993 (NSW)
SUPERANNUATION LEGISLATION (FURTHER
AMENDMENT) ACT 1993 No. 111
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Amendment of Acts
4. Explanatory notes and notes
SCHEDULE 1—AMENDMENT OF FIRST STATE SUPERANNUATION ACT
1992 No. 100
| SCHEDULE | 2—AMENDMENT | OF | POLICE | REGULATION |
(SUPERANNUATION) ACT 1906 No. 28
| SCHEDULE | 3—AMENDMENT | OF | PUBLIC | SECTOR | EXECUTIVES |
SUPERANNUATION ACT 1989 No. 106
| SCHEDULE | 4—AMENDMENT | OF | STATE | AUTHORITIES |
NON-CONTRIBUTORY SUPERANNUATION ACT 1987 NO. 212
SCHEDULE 5—AMENDMENT OF STATE AUTHORITIES SUPERANNUATION
ACT 1987 No. 211
SCHEDULE 6—AMENDMENT OF SUPERANNUATION ACT 1916 No. 28
SCHEDULE 7—AMENDMENT OF OTHER ACTS
SUPERANNUATIONLEGISLATION (FURTHER
AMENDMENT) ACT 1993 No. 111
NEW SOUTH WALES
Act No. 111, 1993
An Act to amend various public sector superannuation Acts in relation to contributions by employers, payments where beneficiaries are missing, payments of benefits to spouses and children; and for other purposes. [Assented to 3 December 1993]
Superannuation Legislation (Further Amendment) Act I993 No. 111
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Superannuation Legislation (Further
Amendment) Act 1993.
Commencement
2. A provision of a Schedule to this Act commences, or is taken to
have commenced, as provided in the Schedule. The other provisions of
this Act commence on the date of assent.
Amendment of Acts
3. The Acts specified in Schedules 1-7 are amended as set out in those
Schedules.
Explanatory notes and notes
4. Matter appearing under the heading “Explanatory note” or “Note” in the Schedules does not form part of this Act.
SCHEDULE l—AMENDMENT OF FIRST STATE
SUPERANNUATION ACT 1992 No. 100
(Sec. 3)
AMENDMENTS
| (1) | Section 22 (M em bers eligible to apply fo r additional death o r invalidity cover): |
In section 22 (1) and (2), after “full member” wherever occurring, insert “or an optional member”.
(2) Section 24 (B oard may request medical exam inations):
From section 24 ( 1 ) , omit “full”.
(3) Section 26 (Prem ium s payable fo r additional death o r invalidity cover):
From section 26 ( 1 ) , omit “ full”.
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SCHEDULE 1—AMENDMENT OF FIRST STATE SUPERANNUATION ACT 1992 No. 100—continued
| (4) | Section 27 (W hen additional death o r invalidity cover ceases): (a) From section 27 (1), omit “full” where firstly occurring. | |||
|
(5) Section 28 (B oard m ay revoke additional death o r invalidity
cover):
In section 28 (1) and (3), after “member” wherever occurring, insert “or former member”.
(6) Section 29 (Effect of revocation of an approval):
After “member” wherever occurring, insert “or former member”.
(7) Section 30 (Rules as to applications):
Omit “a member's”.
| (8) | Section 33 (A m ount of additional death o r invalidity benefit): From section 33 ( l ) , omit “ full”. |
(9 ) Section 37 (W hen is a death o r invalidity benefit payable
| u n d e r | th is | A ct?): |
| (a) | In section 37 (2), after “full member”, insert “or an optional member”. |
(b) Omit section 37 (3), insert instead:
| (3) | The basic death or invalidity benefit is not payable to |
or in respect o f an optional member.
(10) Section 46 (Paym ent where beneficiary incapable):
In section 46 ( l ) , before “dependent”, insert “wholly or partly”.
(11) Section 46A:
After section 46, insert:
Paym ent where beneficiary is missing
46A. (1) I f the Board is unable, after reasonable inquiry, to
find a person to whom a benefit is payable, the Board may
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SCHEDULE l—AMENDMENT OF FIRST STATE SUPERANNUATION ACT 1992 No. 100—continued
pay the benefit to someone else to be applied wholly for the care, maintenance, benefit and support o f any person wholly or partly dependent on the person who would otherwise be entitled to the benefit.
| (2) | Any payment made under this section is taken to have |
been made to the person who, but for this section, would be
entitled to the benefit.
| (12) | Section 56 (O th er accounts an d reserves and asset portfolios): Omit section 56 (2) and (3), insert instead: |
(2) Without limiting subsection ( l ) , the Board may establish separate asset portfolios, comprising assets o f the Fund allocated by the Board, for the purposes o f the investment o f the Fund.
(3) A member may elect to have the member's account treated, for the purpose only o f allocating Fund earnings, as being invested as part o f one or more particular asset portfolios nominated by the Board to the member. The member may elect to vary or revoke any such election.
(4) The Board may determine that a member's account is to be treated, for the purpose only o f allocating Fund earnings, as being invested as part o f one or more particular asset portfolios if the member does not make an election or revokes an election without making another election.
(5) The Board may treat an account (other than a member's account) or a reserve, for the purpose only o f allocating Fund earnings, as being invested as part o f one or more particular asset portfolios.
( 6 ) The Board is to determine, for the purpose only o f allocating Fund earnings, the parts o f an account or a reserve to be treated as being invested in a particular asset portfolio or portfolios.
(13) Section 57 (A djustm ent of accounts and reserves for in terest):
(a) In section 57 ( l ) , after “rate” , insert “or rates”.
| (b) | In section 57 (l), after “Fund”, insert “and the earnings, as determined by the Board, o f any asset portfolio or portfolios in which the accounts or reserves or parts o f them are treated as being invested”. |
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SCHEDULE l—AMENDMENT OF FIRST STATE SUPERANNUATION ACT 1992 No. 100—continued
(c) Omit section 57 (3), insert instead:
| (3) | In adjusting accounts or reserves under this section, the |
Board may fix different rates for accounts or reserves, or parts of accounts or reserves, that are treated as being invested in different asset portfolios.
| (4) | For the purpose of adjusting accounts and reserves, the |
Board may allocate any income of the Fund, or any losses, as being attributable to a particular asset portfolio or portfolios, as it thinks fit.
(14) Section 58 (Accounts and reserves generally):
Omit “fund,” wherever occurring.
(15) Schedule 3 (Savings, transitional and other provisions):
| (a) | Clause 1 (Regulations): At the end of clause 1 (1), insert: Superannuation Legislation (Further Amendment) Act 1993 |
| (b) |
Clause 2 (Application of Scheme to certain employees At the end of clause 2, insert:
| (2) | Regulations may be made for or with respect to the |
adjustment of the contributions on behalf of any such member or any person formerly such a member in respect of the period from 1 July 1992 to 8 December 1992 for the purpose of complying with applicable Commonwealth occupational superannuation standards.
| (3) | A provision of a regulation made under subclause (2) |
may, if the regulation so provides, take effect from 1 July
1992 or a later day.
| (4) | To the extent to which any such provision takes effect |
from a date that is earlier than the date of its publication in
the Gazette, the provision does not operate so as:
| (a) | to affect, in a manner prejudicial to any person (other than the State or an authority of the State or an employer), the rights of that person existing before the date of its publication; or |
Superannuation Legislation (Further Amendment) Act 1993 No. 111
.SCHEDULE l—AMENDMENT O F FIRST STATE SUPERANNUATION ACT 1992 No. 100—continued
| (b) | to impose liabilities on any person (other than the State |
or an authority of the State or an employer) in respect of anything done or omitted to be done before the date of its publication.
COMMENCEMENT
Items (1)-(9) commence on 1 January 1994.
Items (10), (11) and (15) commence on the date of assent to this Act.
Items (12)-(14) are taken to have commenced on 8 December 1992.
EXPLANATORY NOTE
Additional death or invalidity benefits
Currently, a member who uses the First State Superannuation Scheme to top up superannuation benefits (an “optional member”) is not entitled to contribute for, or receive, a death or invalidity benefit of an additional kind. Items (1) and (9) enable an optional member to do so. Items (2)-(4) and (8) make consequential amendments.
Item (5) extends to former members the Board's power to revoke an approval for a member to be covered for an additional death or invalidity benefit. Item (6) provides for the effect of revocation to be the same as it is for members. Item (7) makes a consequential amendment.
Payment of benefit when person missing
Item (11) inserts new section 46A which enables the Board, if the person entitled to a benefit cannot be found, to pay a benefit to someone else to be used for the care, maintenance, benefit and support of a dependent of the person entitled to the benefit.
Item (10) makes a consequential amendment.
Asset portfolios
Members' accounts may presently be treated as being part of particular investment funds. Item (12) will enable members to elect to have their accounts treated, for the purpose only of allocating Fund income, as being invested in particular asset portfolios. The Board will also be able to treat reserves in the Fund as being invested in particular asset portfolios for that purpose and will be able to adjust accounts and reserves differently having regard to the income or losses of different asset portfolios in which they are treated as being invested (items (12) and (13)). The Board will determine the portions of accounts and reserves that are to be treated as being invested in particular portfolios and allocate the Fund earnings accordingly.
Item (14) makes a consequential amendment.
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SCHEDULE l—AMENDMENT O F FIRST STATE SUPERANNUATION ACT 1992 No. 100— continued
Adjustment of benefits and contributions for members transferred from closed non-contributory scheme
On the commencement of the First State Superannuation Scheme certain members under the State Authorities Non-contributory Superannuation Scheme were transferred to the new scheme as from 1 July 1992. Item (15) enables regulations to be made, having effect retrospectively, to adjust the contributions made on behalf of those members for the period from 1 July 1992 to 8 December 1992 (the date of assent to the First State Superannuation Act 1992), if it is necessary to do so for the purpose of any applicable Commonwealth occupational superannuation standard.
| SCH ED U LE 2—AMENDMENT O F | P O L IC E REGULATION |
(SUPERANNUATION) A C T 1906 No. 28
(Sec. 3)
AMENDMENTS
| (1) | Section | 1 | (S hort title , com m encem ent a n d definitions): |
| (a) | From section 1 (2), omit the definition of “executive officer”, insert instead: |
“executive officer” means a member of the Police Service who is:
(a) a police executive officer; or
| (b) | a member of the police force who is an office holder nominated for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975; or |
| (c) | a chief executive officer within the meaning of the Public Sector Executives Superannuation Act 1989; or |
| (d) | a senior executive officer within the meaning of the Public Sector Executives Superannuation Act 1989; |
| (b) | From section 1 (2), omit the definition of “member of the police force”, insert instead: |
“m em ber of the police force” means a police officer within the meaning of the Police Service Act 1990 or a member of the Police Service who was a contributor immediately before being transferred to an administrative office under section 67 of that Act;
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SCHEDULE 2—AMENDMENT OF POLICE REGULATION
(SUPERANNUATION) ACT 1906 No. 28— continued
| (c) | From section 1 (2), omit the definition of “spouse”, insert instead: |
“ spouse” of a member or former member of the police force, who has died, means:
| (a) | the widow or widower, as the case may be, of the member or former member; or |
| (b) | if the member or former member was a man and, at the time of his death, he was living with a woman as her husband on a bona fide domestic b a s i s - th e woman with whom he was so living; or |
| (c) | if the member or former member was a woman and, at the time of her death, she was living with a man as his wife on a bona fide domestic b a s i s - the man with whom she was so living; |
(2) Section 1AA (Salary of office: executive officers):
| (a) | From section 1AA (10) (a), omit “chief executive officer, senior executive officer”, insert instead “chief executive officer or senior executive officer, within the meaning of the Public Sector Management Act 1988,” . |
(b) Omit section 1AA (10) (b) and (c), insert instead:
| (b) | if the officer is an office holder nominated for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975, the remuneration payable to the officer as reduced under that section by the cost of employment benefits provided to the officer; or |
| (c) | if the officer is an employee of an employer listed in Schedule 1 to the Public Sector Executives Superannuation Act 1989, the monetary remuneration payable to the officer. |
(3) Section 5A (Leave w ithout pay):
(a) Omit section 5A (3) and (4), insert instead:
| (3) | A member of the police force who takes special leave |
without pay must, in accordance with directions given by the
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SCHEDULE 2—AMENDMENT OF POLICE REGULATION
(SUPERANNUATION) ACT 1906 NO. 28—continued
Board, pay to the Board for credit to the Fund the amounts that would have been deducted from the salary of office of the member in accordance with section 5 if the member had continued, while on leave, to receive salary of office at the rate payable to the member immediately before the commencement of the period of leave.
(3A) However, a contributor who takes a single period of special leave without pay that is sick leave, maternity leave or leave in respect of the adoption of a child is not liable to make payments to the Board in respect of any part of the period of special leave occurring more than 2 years after the period of special leave commences.
| (4) | Any part of a single period of leave without pay taken |
by a member of the police force for which amounts are not payable under subsection (2 ) or (3A) is not a period of service for the purposes of this Act.
| (b) | From section 5A (5) and ( 6 ) , omit “subsection (2 ) or (4)” wherever occurring, insert instead “this section”. |
(4) Section 5AB:
After section 5A, insert:
Acceptance of contributions
5AB. (1) Despite any other provision of this Act, amounts are not to be deducted from the salary of office of a contributor during any period specified by the Board for which the Board determines that it must not accept contributions from the contributor.
(2 ) The Board may make such a determination only if it is
of the opinion that it is necessary to do so in order to comply
with an applicable Commonwealth occupational
superannuation standard.
(3) Any period for which contributions are not payable under this section is not a period of service for the purposes
of this Act.
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SCHEDULE 2—AMENDMENT OF POLICE REGULATION
(SUPERANNUATION) ACT 1906 No. 28—continued
| (5) | Section 8A (Disengagement benefit for members aged between 50-55): |
Omit section 8A (3), insert instead:
| (3) | A disengagement benefit under this section is payable |
as follows:
| (a) | the portion of the benefit that is equal to the amount of the employer-financed benefit that would be payable under section 15 is payable from the Fund; |
| (b) | the portion of the benefit that is equal to the amount that would be payable if the member had resigned and was paid a benefit under section 17 is payable from the Fund; |
| (c) | the remainder of the benefit is payable by the Commissioner of Police and is not payable from the Fund. |
(6) Section 9B (Preserved benefit):
In section 9B (l), before “payment”, insert “superannuation allowance under section 7 (Superannuation allowance except where member hurt on duty) or section 7AA (Superannuation allowance on early retirement) or a”.
In section 9B (2), before “payment”, insert “benefit under
section 7 or 7AA or any”.
From section 9B (3), (5) and (6A), omit “or (6AA)”
wherever occurring, insert instead “, (6AA), (6AB) or
(6AC)”.
In section 9B (4), after “subsection (6)”, insert “, (6AA),
(6AB) or (6AC)”.
After section 9B (6AA), insert:
(6AB) Subject to subsection (6A), the benefit provided by this subsection is payable to a former contributor who was entitled to a superannuation allowance under section 7 and who elected to make provision for a benefit under this section. The benefit is the lump sum benefit that would be payable if the former contributor had elected to commute the allowance under section 14J, and is to be adjusted from time to time at the rate fixed by the Board under section 16 (1) of the State Authorities Superannuation Act 1987.
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SCHEDULE 2—AMENDMENT O F POLICE REGULATION (SUPERANNUATION) ACT 1906 No. 28—continued
(6AC) Subject to subsection (6A ), the benefit provided by this subsection is payable to a former contributor who was entitled to a superannuation allowance under section 7AA and who elected to make provision for a benefit under this section. The benefit is the lump sum benefit that would be payable if the former contributor had elected to commute the allowance under section 14J, and is to be adjusted from time to time at the rate fixed by the Board under section 16 (1) of the State Authorities Superannuation Act 1987.
(7) Section 10B (Medical examination of disabled member and
determination of whether hurt on duty):
In section 10B (3) (a), after “be”, insert “ , and the date or dates on which the member or former member was hurt on duty”.
(8) Section 12A (Allowance in respect of certain children):
From section 12A (3), omit “subsection (4)”, insert instead
“subsections (4) and (4A)”.
From section 12A (4), omit “but an allowance continued or
commenced under this subsection ceases, unless sooner
discontinued, to be payable if the child ceases to be a student
or sooner dies”.
After section 12A (4), insert:
(4A) An allowance continued or commenced under subsection (4) is not payable in respect of any period after the child:
(a ) dies; or
(b ) ceases to be a student; or
(c) reaches 21 years.
| (9 ) | Section 14G (Certain increases under section 7A or 10): |
After “7A”, insert “or 10”.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 2-AM ENDM ENT OF POLICE REGULATION
(SUPERANNUATION) ACT 1906 NO. 28—continued
(10) Section 17A:
After section 17, insert:
Competing claims for spouses' benefits
17A. (1) This section applies to a superannuation allowance or gratuity under this Act which is payable to the spouse of a member or former member of the police force who has died.
(2) If a superannuation allowance or gratuity would be payable to more than one person because a member or former member of the police force, who has died, has left more than one spouse then, despite any other provision of this Act:
| (a) | the allowance or gratuity is payable in accordance with a determination made by the Board, and not otherwise; and |
| (b) | the total amount of allowance or gratuity payable to those persons at any time is not to exceed the amount of allowance or gratuity that would be payable if there were only one spouse. |
(3) For the purposes of subsection (2 ) (a), the Board may determine in relation to a superannuation allowance or gratuity:
| (a) | that the allowance or gratuity is not payable to such of the persons concerned as it specifies; or |
| (b) | that the amount of the allowance or gratuity is to be apportioned between the persons concerned in such manner as it specifies. |
| (4) | The Board may withhold the payment of the whole or |
any part of a superannuation allowance or gratuity or, if any such allowance is commuted, withhold the payment of any part of the amount commuted:
| (a) | until 30 days after the death of the member or former member in respect of which the allowance or gratuity is payable; or |
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SCHEDULE 2—AMENDMENT OF POLICE REGULATION (SUPERANNUATION) ACT 1906 No. 28—continued
| (b) | if an application has been made for the allowance or gratuity by more than one person, until it is satisfied that only one of those persons is entitled to the allowance or gratuity or until a determination is made |
in relation to the matter by the Board under this
section.
| (5) | If, after 30 days from the death of a member or former |
member, a superannuation allowance or gratuity is paid in respect of any period to a spouse of the member or former member, a superannuation allowance or gratuity is not payable to any other spouse of the member or former member in respect of that period.
| ( 6 ) | If, after 30 days from the death of a member or former |
member, the whole or part of a superannuation allowance is commuted by a spouse of the member or former member:
| (a) | a superannuation allowance is not payable to any other spouse of the member or former member if the whole of the allowance is commuted; or |
| (b) | so much of a superannuation allowance as is equal to the amount of the allowance so commuted is not payable to any other spouse of the member or forrner member if part of the allowance is commuted. |
| (7) | For the purposes of subsections (5) and ( 6 ) , an amount |
paid in good faith by the Board to a person purporting to be the spouse of a member or forrner member is taken to have been paid to the spouse of the member or former member.
| (8 ) | If, after 30 days from the death of a member or former |
member, any amount is paid under this Act to the member's personal representatives or to such other persons as the Board may determine, any superannuation allowance or gratuity which is payable to the spouse of the member or former member is to be reduced by the amount so paid.
( l 1) Section 18A (Payment to person other than beneficiary):
In section 18A ( l ) , after. “beneficiary” where secondly occurring, insert “or a person wholly or partly dependent on the beneficiary”.
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SCHEDULE 2—AMENDMENT OF POLICE REGULATION
(SUPERANNUATION) ACT 1906 No. 28—continued
(12) Section 23A:
Omit the section, insert instead:
Information that must be disclosed to contributors
23A. The Board must from time to time give to a contributor or other person such information relating to the Fund as the Board is required to give the contributor or other person for the purpose of complying with any applicable Commonwealth occupational superannuation standard.
(13) Section 23B (Actuarial investigation):
From section 23B ( l ) , omit “31 March 1991”,insert instead
“30 June 1994”.
(14) Section 25:
After section 24, insert:
Savings and transitional provisions
25. Schedule 6 has effect.
(15) Schedule 6:
After Schedule 5, insert:
SCHEDULE 6—SAVINGS AND TRANSITIONAL
PROVISIONS
(Sec. 25)
Part l—Regulations
Regulations
1.(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
Superannuation Legislation (Further Amendment) Act
1993
(2 ) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
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SCHEDULE 2—AMENDMENT OF POLICE REGULATION (SUPERANNUATION) ACT 1906 No. 28—continued
| (a) | to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication; or |
| (b) | to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication. |
Part 2—Superannuation Legislation (Further
Amendment) Act 1993
Leave without pay
2. Section 5A, as amended by the Superannuation
Legislation (Further Amendment) Act 1993, applies to a period of leave without pay commenced before 1 January 1994 and not completed immediately before that date.
Disengagement benefits
3. Section 8A, as amended by the Superannuation
Legislation (Further Amendment) Act 1993, does not apply to a person offered a disengagement benefit before the date of assent to the Superannuation Legislation (Further Amendment) Act 1993.
Children's allowances
4. An allowance being paid or continued or commenced
under section 12A, as in force before the date of assent to the Superannuation Legislation (Further Amendment) Act 1993, is not payable in respect of any period after the child reaches 18 years or 25 years (if the allowance is continued or commenced under section 12A (4)) or dies or ceases to be a student.
Indexation of pension increases
5. Section 14G, as amended by the Superannuation
Legislation (Further Amendment) Act 1993, is taken to have applied to any increase in a superannuation allowance under section 10 occurring after the commencement of Division 2 of Part 4.
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SCHEDULE 2—AMENDMENT OF POLICE REGULATION
(SUPERANNUATION) ACT 1906 No. 28—continued
Spouses' benefits
6. The amendments made by the Superannuation
Legislation (Further Amendment) Act 1993 do not entitle any spouse to benefits in respect of the death of a member or former member of the police force occurring before l January 1994.
COMMENCEMENT
Item (1) (b) is taken to have commenced on 1 July 1990.
Items (1) (c), (3 ), (4), ( 6 ) , (10), (12) and (13) commence on 1 January
1994.
Items (1) (a), (2), (5), (7)-(9), (1 l), (14) and (15) commence on the date of assent to this Act.
EXPLANATORY NOTE
Executive officers
Items (1) (a) and (2) amend definitions and references to executive officers as a consequence of the reorganisation of employer and employee definitions in the Public Sector Executives Superannuation Act 1989 by Schedule 3 to this Act.
Member of police force
Item (1) (b) includes as a member of the police force for the purposes of the Act a former member transferred to an administrative office in the police service who was a contributor immediately before the transfer. This confirms the position of those contributors before the commencement of the Police Service Act 1990 and is consequential on the enactment of that Act.
Definition of spouse
Item (1) (c) substitutes the definition of spouse to enable a de facto partner living with a member or former member at the time of his or her death to be considered as a spouse even though the member may have been survived by a widow or widower. Power is given to the State Authorities Superannuation Board to settle, in its discretion, competing claims where the amendments result in more than one spouse of a deceased member or former member being entitled to a benefit (new section 17A, item (10)).
Contributions while on leave without pay
Currently contributors who are on special leave without pay (this includes maternity leave, adoption leave and sick leave) must pay contributions for the period of the leave. However, under the Commonwealth occupational superannuation standards superannuation funds are required not to accept contributions from persons who have not been employed for 2 years. The amendment to section 5A (item (3)) limits the period for which contributions must be paid by a person who is on maternity leave, adoption leave or sick leave to 2 years so as to comply with the standards.
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SCHEDULE 2— AMENDMENT OF POLICE REGULATION (SUPERANNUATION) ACT 1906 No. 28—continued
Limits on contributions
Under the Commonwealth occupational superannuation standards superannuation funds are required not to accept deductible contributions in a year of income exceeding the amount determined in accordance with the standards. In order to enable the Police Superannuation Fund to comply with those standards, a new section 5AB is inserted to prohibit contributions from being deducted from the salary of office of a contributor for a specified period if the Board determines it is necessary for the purpose of compliance (item (4)). Any such period will not count as a period of service for the purpose of
calculating benefits under the Act.
Payment of disengagement benefits
Currently the Commissioner of Police may offer an officer who is aged between 50 and 55 a disengagement benefit for retirement from the police service. This disengagement benefit is not payable from the Fund but is payable by the employer. Item (5) makes that portion of the disengagement benefit equivalent to the employee contributions and the employer-financed benefit required by superannuation guarantee legislation payable from the Fund rather than by the Commissioner. This reflects the vesting of employee contributions and that part of the benefit in the contributor.
Preservation of benefits
Item (6) provides for the preservation of a benefit in the Fund by a former member entitled to a superannuation allowance on retirement or an early retirement superannuation allowance. The benefit in each case will be payable in the same circumstances as other benefits preserved and will consist of a lump sum adjusted by the Board.
Hurt on duty allowances
Item (7) requires the Commissioner of Police to specify a date or dates when a police officer or former police officer was hurt on duty when certifying, for the purpose of qualifying the officer or former officer for the “hurt on duty” superannuation allowance, that the officer or former officer was hurt on duty.
Item (9) allows for the indexation of superannuation allowances granted to those hurt on duty. Currently similar provisions apply to other benefits under the Act.
Ages for child allowances
The Act provides for the payment of allowances to children of deceased members. The allowances cease once a child is 18 but can continue for students. Item (8) sets the maximum age at which a student can receive an allowance at 21 years. The new limit will not apply to students presently receiving allowances (see item (15)) and is consistent with workers compensation legislation.
Payment to person other than beneficiary
Item (11) enables the Board to pay a superannuation allowance or gratuity to a person to be used for the care, maintenance, benefit and support of a dependent of the person entitled to the benefit, if the Board is of the opinion that it should be paid to a person other than the beneficiary.
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SCHEDULE 2—AMENDMENT OF POLICE REGULATION
(SUPERANNUATION) ACT 1906 No. 28—continued
Information for contributors
Item (12) replaces the provisions relating to the provision of information to contributors by the Board. The Board will now be required to give information in accordance with applicable Commonwealth occupational superannuation standards. Such information must also currently be given to certain former contributors.
Change of financial year of Board
The Board has received approval from the Treasurer to change its financial year from a year ending on 31 March to a year ending on 30 June. Item (13) amends a provision dealing with actuarial investigations to reflect those changes.
Savings and transitional provisions
Item (15) enables savings or transitional regulations to be made in relation to amendments made by this Act. It also inserts transitional provisions relating to leave without pay, disengagement benefits and other matters. Item (14) inserts new section 25 which gives effect to the Schedule of savings and transitional provisions.
SCHEDULE 3—AMENDMENT OF PUBLIC SECTOR EXECUTIVES SUPERANNUATION ACT 1989 No. 106
(Sec. 3)
AMENDMENTS
(1) Section 3 (Definitions):
| (a) | From section 3 (l), omit the definition of “chief executive officer” , insert instead: |
“chief executive officer” means:
| (a) | a chief executive officer within the meaning of the Public Sector Management Act 1988; or |
| (b) | an employee of an employer specified in Schedule 1, being an employee who holds an office designated by the Director-General of the Premier's Department as the office of a chief executive officer; |
(b) In section 3 ( l ) , insert in alphabetical order:
“deferred annuity” means a deferred annuity to which
regulation 11 of the Occupational Superannuation
Standards Regulations of the Commonwealth applies;
| (c) | In section 3 (l), from paragraph (c) of the definition of “employee”, omit “section; or” , insert instead “section;”. |
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 3—AMENDMENT OF PUBLIC SECTOR
EXECUTIVES SUPERANNUATION ACT 1989 No. 106—continued
| (d) | From section 3 ( l ) , omit paragraph (d ) of the definition of “employee”. |
| (e) | From section 3 ( l ) , omit the definition of “employer”, insert instead: |
“employer” means:
| (a) | the employer of an employee who is a chief executive officer or a senior executive officer within the meaning of the Public Sector Management Act 1988; or |
| (b) | the employer of an employee who is an office holder nominated for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975; or |
| ( c ) | an authority specified in Schedule l; |
| (f) | From section 3 ( l ) , omit the definition of “senior executive officer”, insert instead: |
“senior executive officer” means:
| (a) | a senior executive officer within the meaning of the Public Sector Management Act 1988; or |
| (b) | an employee of an authority specified in Schedule 1, being an employee who holds an office designated by the Director-General of the Premier's Department as the office of a senior executive officer; |
(2) Section 32:
Omit the section, insert instead:
Information that must be disclosed to members
32. (1) The Board must, as soon as practicable after a person becomes a member, give to the person a written statement specifying the information relating to the Fund that is required to be given to the member for the purpose of complying with any applicable Commonwealth occupational superannuation standard.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 3—AMENDMENT OF PUBLIC SECTOR
EXECUTIVES SUPERANNUATION ACT 1989 No. 106—continued
| (2 ) | The Board must from time to time give to a member or |
other person such information relating to the Fund as the Board is required to give the member or other person for the purpose of complying with any applicable Commonwealth occupational superannuation standard.
(3) Section 37 (W ho may apply to be covered for an additional
benefit?):
From section 37 (3), omit “annual”.
(4) Section 44A:
After section 44, insert:
Acceptance of contributions
44A. (1) Despite any other provision of this Act, an employer is not required to make a contribution to the Fund in respect of an employee, and an employee may not contribute to the Fund, during any period specified by the Board for which the Board determines that it must not accept contributions in respect of the employee.
(2) The Board may make such a determination only if it is of the opinion that it is necessary to do so in order to comply with an applicable Commonwealth occupational superannuation standard.
| (5) | Section | 51 | (Preserved | benefit—employer-financed |
contributions):
After section 51 (2 ) (c), insert:
; or
| (d) | to request the Board to pay the benefit by purchasing a |
deferred annuity.
(6) Section 58 (Additional employers):
| (a) | From section 58 (1) (a), omit “and the name of the position of an employee”. |
| (b) | From section 58 (1) (c), omit “corporation; or”, insert instead “corporation.”. |
(c) Omit section 58 (1) (d).
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 3—AMENDMENT O F PUBLIC SECTOR
EXECUTIVES SUPERANNUATION ACT 1989 No. 106—continued
(7) Schedule 1:
Omit the Schedule, insert instead:
SCHEDULE l—ADDITIONAL EMPLOYERS
(Sec. 3 (1))
Broken Hill Electricity Central West Electricity Council of the City of Maitland
Hunter Water Corporation Limited
Illawarra Electricity
Judicial Commission of New South Wales
Monaro Electricity
Murray River Electricity
Murrumbidgee Electricity
Namoi Valley Electricity
New England Electricity
New South Wales Treasury Corporation
North West Electricity
Northern Riverina Electricity
Northern Rivers Electricity
Ophir Electricity
Oxley Electricity
P-CCC Electricity
Pricing Tribunal
Prospect Electricity
Shortland Electricity
South West Slopes Electricity
Southern Mitchell Electricity
Southern Riverina Electricity
Southern Tablelands Electricity
Tumut River Electricity
Ulan Electricity
Western Power
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 3—AMENDMENT O F PUBLIC SECTOR
EXECUTIVES SUPERANNUATION ACT 1989 No. 106—continued
(8) Schedule 5 (Savings and transitional provisions):
At the end of clause 1 ( l ) , insert:
Superannuation Legislation (Further Amendment) Act 1993
COMMENCEMENT
Items (1) (b), (2) and (4) commence on 1 January 1994. to this Act.
EXPLANATORY NOTE
Employees and employers
Items (1) (a) and (c)-(f), (6) and (7) reorganise the manner in which senior employees who are not employed in the public service are identified. Non-public service executive officers will be designated by the Director-General of the Premier's Department rather than being listed in Schedule 1 and Schedule 1 will now list only their employers.
Information for members
Item (2) replaces the provisions relating to the provision of information to members by the Public Sector Executives Superannuation Board. The Board will now be required to give information in accordance with applicable Commonwealth occupational superannuation standards. Such information must also currently be given to certain former employees.
Elections to change contributions
Item (3) omits an outdated reference to annual elections as to contributions.
Limits on contributions
Under the Commonwealth occupational superannuation standards superannuation funds are required not to accept deductible contributions in a year of income exceeding the amount determined in accordance with the standards. In order to enable the Board to comply with those standards, a new section 44A is inserted to prohibit contributions from being paid by employers and employees for a specified period if the Board determines it is necessary for the purpose of compliance (item (4)).
Deferred annuity
Items (1) (b) and (5) enable a member entitled to a benefit on early retirement to elect to purchase a deferred annuity, in addition to the other existing options available (preservation or rolling over into another scheme).
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 3—AMENDMENT O F PUBLIC SECTOR
EXECUTIVES SUPERANNUATION A CT 1989 No. 106—continued
Savings and transitional provisions
Item (8) amends Schedule 5 to enable savings or transitional regulations to be made relating to the amendments made by this Act.
SCHEDULE 4—AMENDMENT O F STATE AUTHORITIES
NON-CONTRIBUTORY SUPERANNUATION ACT 1987 NO. 212
(Sec. 3)
AMENDMENTS
(1) Section 3 (Definitions):
In section 3 (l), from the definition of “chief executive officer”, omit “Public Sector Management Act 1988”, insert instead “Public Sector Executives Superannuation Act 1989”.
In section 3 ( l), insert in alphabetical order:
| “Commonwealth | occupational | superannuation |
standard” means a standard prescribed in respect of occupational superannuation schemes by a law of the Commonwealth;
| “executive officer”, omit “or”. From section 3 (l), omit paragraph (e) of the definition of “executive officer”. In section 3 (l), from the definition of “senior executive officer”, omit “Public Sector Management Act 1988”, insert instead “Public Sector Executives Superannuation Act 1989”. | In section 3 (l), from paragraph (d) of the definition of instead: |
“spouse” of a deceased employee or deceased former
employee means:
the widow or widower, as the case may be, of the
employee or former employee; or
if the employee or former employee was a man
and, at the time of his death, he was living with a
woman as her husband on a bona fide domestic
basis—the woman with whom he was so living;
or
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 4—AMENDMENT OF STATE AUTHORITIES
NON-CONTRIBUTORY SUPERANNUATION ACT 1987 NO. 212—
continued
| (c) | if the employee or former employee was a woman and, at the time of her death, she was living with a man as his wife on a bona fide domestic b a s i s - the man with whom she was so living; |
(2) Section 4A (Salary of executive officers):
| (a) | From section 4A (10) (a), omit “chief executive officer, a senior executive officer”, insert instead “chief executive, officer or senior executive officer, within the meaning of the Public Sector Management Act 1988,”. |
(b) Omit section 4A (10) (b) and (c), insert instead:
| (b) | if the officer is an office holder nominated for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975, the remuneration payable to the officer as reduced under that section by the cost of employment benefits provided to the officer; or |
| (c) | if the officer is an employee of an employer listed in Schedule 1 to the Public Sector Executives Superannuation Act 1989, the monetary remuneration payable to the officer. |
(3) Section 10 (Reserves for employers):
After section 10 (5), insert:
(6) The Board may, with the concurrence of the Treasurer and after obtaining actuarial advice, adjust the amount credited to an employer reserve by crediting or debiting an amount, if it appears to the Board appropriate to do so because of a change in the constitution or nature of an employer.
(7) Subsection (6) does not apply to a change in the constitution or nature of an employer because of a Government privatisation initiative.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 4—AMENDMENT OF STATE AUTHORITIES
NON-CONTRIBUTORY SUPERANNUATION ACT 1987 NO . 212—
continued
(4) Section 10A:
After section 10, insert:
Additional payments by certain employers
10A. (l) If the amount credited to an employer's reserve maintained for an employer specified in Part 1 of Schedule 1 is insufficient to meet the amounts payable from the reserve in respect of the employer, the Board may require the employer to pay an amount into the fund that is equal to the deficiency.
| (2) | Any amount that is not paid by an employer within 14 |
days of written notice of the requirement to pay the amount being given by the Board to the employer is a debt owed to the Board and may be recovered by the Board accordingly.
| (3) | This section does not apply to a change in the |
constitution or nature of an employer because of a
Government privatisation initiative.
(5) Section 13 (Actuarial investigation):
| From section 13 (l), omit “31 March 1991 | insert instead |
| “30 June 1994”. |
(6) Section 15:
Omit the section, insert instead:
Contributions by employer under Part 2 of Schedule 1
(Local government and other authorities)
15. (1) If an employee is employed by an employer specified in Part 2 of Schedule 1, the employer must pay to a fund managed by the Board contributions at a rate determined by the Board.
(2) The rate is to be determined by the Board with the concurrence of the Treasurer and after obtaining actuarial advice.
| (3) | In determining the contributions payable by an |
employer specified in Part 2 of Schedule 1, the Board is to have regard to the amount required to meet the full costs of the liabilities under this Act of all employers specified in Part 2 of Schedule 1.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 4—AMENDMENT O F STATE AUTHORITIES
NON-CONTRIBUTORY SUPERANNUATION ACT 1987 NO. 212—
continued
| (4) | The Board may, with the concurrence of the Treasurer, |
require any such employer to pay into the fund additional contributions for a specified period if it appears to the Board that there is insufficient money in the reserve for employers specified in Part 2 of Schedule 1 to meet the employers' liabilities under this Act.
(7) Section 18A:
After section 18, insert:
Acceptance of contributions
18A. (1) Despite any other provision of this Act, an employer is not required to make a contribution to the fund in respect of an employee during any period specified by the Board for which the Board determines that it must not accept contributions in respect of the employee.
(2) The Board may make such a determination only if it is of the opinion that it is necessary to do so in order to comply with an applicable Commonwealth occupational superannuation standard.
(3) A period in respect of which contributions may not be made to the fund in respect of an .employee under this section is not included as eligible service for the purposes of calculating the basic benefit.
(8) Section 19A:
After section 19, insert:
Variation of employer contributions
19A. (1) Despite any other provision of this Part, the Board may determine that the contributions payable by an employer specified in Part 1 of Schedule 1 in respect of an employee are to be determined, or are payable, on a basis other than that set out in this Part.
| (2) | The Board may make such a determination only with |
the concurrence of the Treasurer.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 4— AMENDMENT O F STATE AUTHORITIES
NON-CONTRIBUTORY SUPERANNUATION ACT 1987 NO. 212—
continued
(9) Section 23 (Benefit immediately payable):
In section 23 (1) (g), after “benefit”, insert “(including any interest paid by the Board)”.
(10) Section 24B:
After section 24A, insert:
Competing claims for spouses' benefits
24B. (1) This section applies to a benefit which is payable
to the spouse of a deceased employee or deceased former
employee.
(2 ) If a benefit would be payable to more than one person because a deceased employee or deceased former employee has left more than one spouse, then, despite any other provision of this Act:
| (a) | the benefit is payable in accordance with a determination made by the Board, and not otherwise; and |
| (b) | the total amount of benefit payable to those persons at any time is not to exceed the amount of benefit that would be payable if there were only one spouse. |
(3) For the purposes of subsection (2) (a), the Board may determine in relation to a benefit:
| (a) | that the benefit is not payable to such of the persons concerned as it specifies; or |
| (b) | that the amount of the benefit is to be apportioned between the persons .concerned in such manner as it specifies. |
| (4) | The Board may withhold the payment of any part of a |
benefit:
until 30 days after the death of the employee or former
employee in respect of which it is payable; or
if an application has been made for the benefit by more
than one person, until it is satisfied that only one of
those persons is entitled to the benefit or until a
determination is made in relation to the matter by the
Board under this section.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 4— AMENDMENT O F STATE AUTHORITIES
NON-CONTRIBUTORY SUPERANNUATION ACT 1987 NO. 212—
continued
| (5) | If, after 30 days from the death of an employee or |
former employee, the whole or part of a benefit is paid to a spouse of the deceased employee or deceased former employee:
| (a) | a benefit is not payable to any other spouse of the deceased employee or deceased former employee if the whole of the benefit is paid; or |
| (b) | so much of a benefit as is equal to the amount of the benefit so paid is not payable to any other spouse of the deceased employee or deceased former employee if part of the benefit is paid. |
| (6 ) | For the purposes of subsection (5), an amount paid in |
good faith by the Board to a person purporting to be the spouse of a deceased employee or deceased former employee is taken to have been paid to the spouse of the employee or former employee.
| (7) | If, after 30 days from the death of an employee or |
former employee, any amount is paid under this Act to the employee's personal representatives or to such other persons as the Board may determine, any benefit which is payable to the spouse of the employee or former employee is to be reduced by the amount so paid.
(11) Section 32A:
After section 32, insert:
Payment where beneficiary is missing
32A. (1) If the Board is unable, after reasonable inquiry, to find a person to whom a benefit is payable, the Board may pay the benefit to someone else to be applied wholly for the care, maintenance, benefit and support of any person wholly or partly dependent on the person who would otherwise be entitled to the benefit.
(2) Any payment made under this section is taken to have been made to the person who, but for this section, would be entitled to the benefit.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 4—AMENDMENT OF STATE AUTHORITIES
NON-CONTRIBUTORY SUPERANNUATION ACT 1987 NO. 212—
continued
(12) Section 33 (Payment where beneficiary incapable):
In section 33 (l), before “dependent”, insert “wholly or partly”.
(13) Section 33A:
Omit the section, insert instead:
Information that must be disclosed to employees
33A. The Board must from time to time give to an employee or other person such information relating to the superannuation scheme established under this Act as the Board is required to give the employee or other person for the purpose of complying with any applicable Commonwealth occupational superannuation standard.
(14) Section 35:
After section 34, insert:
Savings and transitional provisions
35. Schedule 5 has effect.
(15) Schedule 5:
After Schedule 4, insert:
SCHEDULE 5—SAVINGS AND TRANSITIONAL
PROVISIONS
(Sec. 35)
Part l—Regulations
Regulations
1. (1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
Superannuation Legislation (Further Amendment) Act
1993
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 4— AMENDMENT O F STATE AUTHORITIES
NON-CONTRIBUTORY SUPERANNUATION ACT 1987 NO. 212—
continued
| (3) | To the extent to which any such provision takes effect |
from a date that is earlier than the date of its publication in
the Gazette, the provision does not operate so as:
| (a) | to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication; or |
| (b) | to impose liabilities on any .person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication. |
Part 2— Superannuation Legislation (Further
Amendment) Act 1993
Spouses' benefits
2. The amendments made by the Superannuation Legislation (Further Amendment) Act 1993, do not entitle any spouse to benefits in respect of the death of an employee or former employee occurring before 1 January 1994.
COMMENCEMENT
Items (1) (f), (3)-(10) and (13) commence on 1 January 1994.
Items (1) (a)-(e), (2), (11), (12), (14) and (15) commence on the date of assent to this Act.
EXPLANATORY NOTE
Executive officers
Items (1) (a), (c)-(e) and (2) amend definitions and references to executive officers as a consequence of the reorganisation of employer and employee definitions in the Public Sector Executives Superannuation Act 1989 by Schedule 3 to this Act.
Definition of spouse
Item (1) (f) substitutes the definition of spouse to enable a de facto partner living with an employee or former employee at the time of his or her death to be considered as a spouse even though the employee or former employee may have been survived by a widow or widower. Power is given to the State Authorities Superannuation Board to settle, in its discretion, competing claims where the amendments result in more than one spouse of a deceased employee or former employee being entitled to a benefit (new section 24B, item (10)).
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 4— AMENDMENT O F STATE AUTHORITIES
NON-CONTRIBUTORY SUPERANNUATION ACT 1987 NO. 212—
continued
Employer reserves
Part 2 of the Act establishes employer reserves for the purposes of the Act.
Item (3) enables the Board, with the concurrence of the Treasurer, to adjust employer reserves if it is appropriate to do so because of a change in the constitution or nature of an employer.
Item (4) inserts new section 10A which enables the Board to require employers or former employers under Part 1 of Schedule 1 (The Crown and other employers) to pay amounts if employer reserves are insufficient to meet amounts payable. Any such outstanding amount is to be treated as a debt owed by the employer to the Board and may be recovered accordingly.
Change of financial year of Board
The Board has received approval from the Treasurer to change its financial year from a year ending on 31 March to a year ending on 30 June. Item (5) amends a provision dealing with actuarial investigations to reflect those changes.
Employer contributions
Employer contributions are specified in Part 3 of the Act.
Item (6) enables the Board, with the concurrence of the Treasurer, to specify the contribution rates for local government employers but only after obtaining actuarial advice. In determining the rate, the Board is to have regard to what is necessary to fully fund the obligations of all local government employers under the Act. For that purpose. the Board may require additional contributions.
The specified rate of contributions set out in the Part does not take account of other factors that might affect employers' contributions, such as differences in funding arrangements for different employees. Item (8) inserts new section 19A which enables the Board to vary contribution arrangements for an employer but only with the concurrence of the Treasurer.
Limits on contributions
Under the Commonwealth occupational superannuation standards superannuation funds are required not to accept deductible contributions in a year of income exceeding the amount determined in accordance with the standards. In order to enable the Board to comply with those standards, a new section 18A is inserted to prohibit contributions from being paid by employers for a specified period if the Board determines it is necessary for the purpose of compliance (item (7)). Any such period is not included as service for the purpose of calculating benefits under the Act.
Preservation of benefits
Item (9) makes it clear that interest paid by the Board on a benefit is to be taken into account in determining whether the amount paid exceeds the threshold above which a benefit must be preserved.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 4—AMENDMENT OF STATE AUTHORITIES
NON-CONTRIBUTORY SUPERANNUATION ACT 1987 N O. 212—
continued
Payment of benefit when person missing
Item (11) inserts new section 32A which enables the Board, if the person entitled to a benefit cannot be found, to pay a benefit to someone else to be used for the care, maintenance, benefit and support of a dependent of the person entitled to the benefit.
Item (12) makes a consequential amendment.
Information for employees
Item (13) replaces the provisions relating to the provision of information to employees by the Board. The Board will now be required to give information in accordance with applicable Commonwealth occupational superannuation standards. Such information must also currently be given to certain former employees.
Item (1) (b) makes a consequential amendment.
Savings and transitional provisions
Item (15) inserts new Schedule 5 which enables savings or transitional regulations to be made in relation to amendments made by this Act. It also inserts transitional provisions relating to benefits for spouses. Item (14) inserts new section 35 which gives effect to the Schedule of savings and transitional provisions.
SCHEDULE 5—AMENDMENT OF STATE AUTHORITIES
SUPERANNUATION ACT 1987 No. 211
(Sec. 3)
AMENDMENTS
(1) Section 3 (Definitions):
(a) In section 3 ( l ) , from the definition of “chief executive officer”, omit “Public Sector Management Act 1988”, insert instead “Public Sector Executives Superannuation Act 1989”.
| (b) | In section 3 ( l ) , insert in alphabetical order: |
“dismissal” means the termination by an employer of the employment of a contributor with the employer, but does not include retrenchment or discharge or a retirement on the grounds of incapacity in circumstances which entitle the employee to a benefit;
Superannuation Legislation (Further Amendment) Act I993 No. 111
SCHEDULE 5—AMENDMENT O F STATE AUTHORITIES SUPERANNUATION ACT 1987 No. 211—continued
“resign” means cease to be employed by an employer,
but does not include:
retrenchment, discharge or dismissal; or
ceasing to be employed because of death; or
ceasing to be employed on the privatisation of an
employer; or
ceasing to be employed on the grounds of
incapacity in circumstances which entitle the
employee to a benefit;
| (c) | In section 3 (1), from paragraph (d) of the definition of “executive officer”, omit “or” . |
| (d) | From section 3 ( l ) , omit paragraph (e ) of the definition of “executive officer”. |
| (e) | In section 3 ( l ) , from the definition of “senior executive officer”, omit “Public Sector Management Act 1988”, insert instead “Public Sector Executives Superannuation Act 1989”. |
| (f) | From section 3 ( l ) , omit the definition of “spouse”, insert instead: |
“spouse” of a deceased contributor or deceased former
contributor means:
| (a) | the widow or widower, as the case may be, of the contributor or former contributor; or |
| (b) | if the contributor or former contributor was a man and, at the time of his death, he was living with a woman as her husband on a bona fide domestic basis—the woman with whom he was so living; or |
| (c) | if the contributor or former contributor was a woman and, at the time of her death, she was living with a man as his wife on a bona fide domestic basis—the man with whom she was so living; |
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 5—AMENDMENT OF STATE AUTHORITIES
SUPERANNUATION ACT 1987 NO. 211— continued
(2) Section 4A (Salary of executive officers):
| (a) | From section 4A (1 0 ) (a), omit “chief executive officer, a senior executive officer”, insert instead “chief executive officer or senior executive officer, within the meaning of the Public Sector Management Act 1988,”. |
(b) Omit section 4A (10) (b) and (c), insert instead:
| (b) | if the officer is an office holder nominated for the purposes of section 11A of the Statutory and Other Offices Remuneration Act 1975, the remuneration payable to the officer as reduced under that section by |
| the cost of employment benefits provided to the officer; or |
(c) if the officer is an employee of an employer listed in Schedule 1 to the Public Sector Executives Superannuation Act 1989, the monetary remuneration payable to the officer.
(3) Section 6 (Part-time employment with more than one
employer):
Omit section 6 (2).
(4) Section 14 (Reserves for employers):
After section 14 (5), insert:
(6) The Board may, with the concurrence of the Treasurer and after obtaining actuarial advice, adjust the amount credited to an employer reserve by crediting or debiting an amount, if it appears to the Board appropriate to do so because of a change in the constitution or nature of an employer.
(7) Subsection (6) does not apply to a change in the constitution or nature of an employer because of a Government privatisation initiative.
(5) Section 14A:
After section 14, insert:
Additional payments by certain employers
14A. (1) If the amount credited to an employer's reserve
maintained for an employer specified in Part l of Schedule 1
is insufficient to meet the amounts payable from the reserve
Superannuation Legislation (Further Amendment) Act 1993 No. 111
| SCHEDULE 5-A M EN D M EN T O F | STATE AUTHORITIES |
SUPERANNUATION ACT 1987 No. 211—continued
in respect of the employer, the Board may require the employer to pay an amount into the Fund that is equal to the deficiency.
| (2) | Any amount that is not paid by an employer within 14 |
days of written notice of the requirement to pay the amount being given by the Board to the employer is a debt owed to the Board and may be recovered by the Board accordingly.
| (3 ) | This section does not apply to a change in the |
constitution or nature of an employer because of a
Government privatisation initiative.
( 6 ) Section 18 (Actuarial investigation):
From section 18 (1) (b), omit “31 M arch 1991”, insert instead “30 June 1994”.
(7) Section 25 (Liability to contribute):
From section 25 ( l ) , omit “28 and 29”, insert instead “28,
29 and 35A”.
(8 ) Section 29 (Contributions during leave without pay and other
matters):
(a) After section 29 (2 ) , insert:
(2A) However, a contributor who takes a single period of prescribed leave that is sick leave or maternity leave is not liable to make contributions to the Fund in respect of any contribution periods during the period of leave occurring wholly or partly more than 2 years after the period of leave commences.
(b) After section 29 (3), insert:
(3A) For the purposes of this Act, a contributor who is employed by an employer for less than 10 hours a week for a single period of more than 2 years is not liable to make contributions to the Fund in respect of any contribution periods occurring wholly or partly more than 2 years after the period commences and while the contributor is so employed for less than 10 hours a week.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 5—AMENDMENT OF STATE AUTHORITIES
SUPERANNUATION ACT 1987 No. 211— continued
(9 ) Section 30A (Contributor eligible for membership or a member of the Public Sector Executives Superannuation Scheme):
| (a) | In section 30A (5) (a), after “benefit” where secondly occurring, insert “(including any interest paid by the Board)”. |
| (b) | In section 30A (5) (d), after “Scheme”, insert “, if the contributor is a member or is eligible to become a member of the Scheme”. |
(10) Section 32:
Omit the section, insert instead:
Contributions by employer under Part 2 of Schedule l
(Local government and other authorities)
32. (1) If a contributor is employed by an employer
specified in Part 2 of Schedule l , the employer must pay to
the Fund contributions at a rate determined by the Board.
(2) The rate is to be determined by the Board with the
concurrence of the Treasurer and after obtaining actuarial
advice.
(3) In determining the contributions payable by an employer specified in Part 2 of Schedule 1, the Board is to have regard to the amount required to meet the full costs of the liabilities under this Act of all employers specified in Part 2 of Schedule 1.
| (4) | The Board may, with the concurrence of the Treasurer, |
require any such employer to pay into the Fund additional contributions for a specified period if it appears to the Board that there is insufficient money in the reserve for employers specified in Part 2 of Schedule 1 to meet the employers' liabilities under this Act.
(11) Section 34A:
After section 34, insert:
Variation of employer contributions
34A. (1) Despite any other provision of this Part, the
Board may determine that the contributions payable by an
ernployer specified in Part 1 of Schedule 1 in respect of a
Superannuation Legislation (Further Amendment) Act 1993 NO. 111
SCHEDULE 5—AMENDMENT O F STATE AUTHORITIES
SUPERANNUATION ACT 1987 No. 211—continued
contributor are to be determined, or are payable, on a basis
other than that set out in this Part.
| (2) | The Board may only make such a determination with |
the concurrence of the Treasurer.
(12) Section 35 (Transfers of credits between employers of
transferred contributors):
Omit section 35 (3).
(13) Section 35A:
After section 35, insert:
Acceptance of contributions
35A. (1) Despite any other provision of this Act, an employer is not required to make a contribution to the Fund in respect of an employee, and an employee may not contribute to the Fund, during any period specified by the Board for which the Board determines that it must not accept contributions in respect of the employee.
(2) The Board may only make such a determination if it is of the opinion that it is necessary to do so in order to comply with an applicable Commonwealth occupational superannuation standard.
| (3 ) | A contribution period in respect of which a contributor |
may not contribute to the Fund under this section is not an applicable contribution period in relation to the contributor.
(14) Section 39 (Benefit on total and permanent invalidity before
early retirement age):
In section 39 ( l ) (b), after “contributor is” , insert “ , when the contributor ceases to be employed by the employer,”.
(15) Section 40 (Benefit on partial and permanent invalidity before
early retirement age):
In section 40 (1) (b), after “contributor is” , insert “ , when the contributor ceases to be employed by the employer,”.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 5—AMENDMENT OF STATE AUTHORITIES
SUPERANNUATION ACT 1987 No. 211—continued
(16) Section 42A (Benefit on attaining 65):
Omit section 42A (3), insert instead:
(3) The Board is to adjust the amount of a benefit payable under this section, having regard to any adjustment of a contributor's account under section 16.
| (17) | Section 42AA (Preservation of benefit on retrenchment before | |||
| ||||
| ||||
| (c) Omit section 42AA (3). |
(18) Section 43 (Preserved benefit):
| (a) | In section 43 (l), after “benefit” where secondly occurring, insert “, including any interest paid by the Board,”. |
| (b) | In section 43 (1A), after “benefit” where lastly occurring, insert “, including any interest paid by the Board,”. |
| (c) | From section 43 (6), omit “together with interest thereon, from the exit date to the date of payment, at a rate determined by the Board”, insert instead “as adjusted under subsection (7B)”. |
(d) Omit section 43 (7), insert instead:
(7) The benefit provided by this subsection is an amount equal to the amount of the benefit under section 41 or 42 that would have been payable to the contributor at the contributor's exit date if the contributor had not made the election under subsection (l), as adjusted under subsection (7B).
(e) After section 43 (7A), insert:
(7B) The Board is to adjust the amount of a benefit payable under this section, having regard to any adjustment of a contributor's account under section 16.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 5—AMENDMENT OF STATE AUTHORITIES SUPERANNUATION ACT 1987 No. 211— continued
(19) Section 43AAA (Preservation of minimum benefits under
superannuation guarantee legislation):
From section 43AAA (2), omit “together with interest from the contributor's exit date to the date of payment at a rate determined by the Board”, insert instead “and is to be adjusted, having regard to any adjustment of the contributor's account under section 16”.
(20) Section 43AB:
After section 43A, insert:
Competing claims for spouses' benefits
43AB. (1) This section applies to a benefit which is payable to the spouse of a deceased contributor or deceased former contributor.
(2) If a benefit would be payable to more than one person because a deceased contributor or deceased former contributor has left more than one spouse, then, despite any other provision of this Act:
| (a) | the benefit is payable in accordance with a determination made by the Board, and not otherwise; and |
| (b) | the total amount of benefit payable to those persons at any time is not to exceed the amount of benefit that would be payable if there were only one spouse. |
(3) For the purposes of subsection (2) (a), the Board may determine in relation to a benefit:
| (a) | that the benefit is not payable to such of the persons concerned as it specifies; or |
| (b) | that the amount of the benefit is to be apportioned between the persons concerned in such manner as it specifies. |
| (4) | The Board may withhold the payment of any part of a |
benefit:
| (a) | until after 30 days after the death of the contributor or former contributor in respect of which the benefit is payable; or |
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 5—AMENDMENT OF STATE AUTHORITIES
SUPERANNUATION ACT 1987 No. 211—continued
| (b) | if an application has been made for the benefit by more than one person, until it is satisfied that only one of those persons is entitled to the benefit or until a determination is made in relation to the matter by the Board under this section. |
| (5) | If, after 30 days from the death of a contributor or |
former contributor, the whole or part of a benefit is paid to a spouse of the deceased contributor or deceased former contributor:
| (a) | a benefit is not payable to any other spouse of the deceased contributor or deceased former contributor if the whole of the benefit is paid; or |
| (b) | so much of a benefit as is equal to the amount of the benefit so paid is not payable to any other spouse of the deceased contributor or deceased former contributor if part of the benefit is paid. |
| (6) | For the purposes of subsection (5), an amount paid in |
good faith by the Board to a person purporting to be the spouse of a deceased contributor or deceased former contributor is taken to have been paid to the spouse of the contributor or former contributor.
| (7) | If, after 30 days from the death of a contributor or |
former contributor, any amount is paid under this Act to the contributor's personal representatives or to such other persons as the Board may determine, any benefit which is payable to the spouse of the contributor or former contributor is to be reduced by the amount so paid.
(21) Section 53A:
After section 53, insert:
Payment where beneficiary is missing
53A. (1) If the Board is unable, after reasonable inquiry, to find a person to whom a benefit is payable, the Board may pay the benefit to someone else to be applied wholly for the care, maintenance, benefit and support of any person wholly or partly dependent on the person who would otherwise be entitled to the benefit.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 5— AMENDMENT O F STATE AUTHORITIES
SUPERANNUATION ACT 1987 No. 211— continued
(2) Any payment made under this section is taken to have been made to the person who, but for this section, would be entitled to the benefit.
(22) Section 54 (Payment where beneficiary incapable):
In section 54 (1), before “dependent”, insert “wholly or partly”.
(23) Section 54A:
Omit the section, insert instead:
Information that must be disclosed to contributors
54A. The Board must from time to time give to a contributor or other person such information relating to the Fund as the Board is required to give the contributor or other person for the purpose of complying with any applicable Commonwealth occupational superannuation standard.
(24) Section 56:
After section 55, insert:
Savings and transitional provisions
56. Schedule 6 has effect.
(25) Schedule 1 (Employers):
(a) From Part 1, omit:
The Director-General of New South Wales Fire
Brigades
New South Wales Meat Industry Authority
Forestry Commission of New South Wales
Public Trust Office
Royal Botanic Gardens and Domain Trust
(b) From Part 2, omit:
The employer of a servant, or class of servants, specified in a proclamation published under section 2 (4) of the Local Government and Other Authorities (Superannuation) Act 1927
A body or association of persons specified in a proclamation published under section 2 (5) of the Local Government and Other Authorities (Superannuation) Act 1927
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 5—AMENDMENT OF STATE AUTHORITIES
SUPERANNUATION ACT 1987 No. 2l1— continued
(26) Schedule 6:
After Schedule 5, insert:
SCHEDULE 6—SAVINGS AND TRANSITIONAL
PROVISIONS
(Sec. 56)
Part 1—Regulations
Regulations
1. (1) The regulations may contain provisions of a savings
or transitional nature consequent on the enactment of the
following Acts:
Superannuation Legislation (Further Amendment) Act
1993
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
| (a) | to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication; or |
| (b) | to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication. |
Part 2—Superannuation Legislation (Further
| Amendment) Act | 1993 |
Part-time employment
2. Section 6 (2), as in force before the date of assent to the
Superannuation Legislation (Further Amendment) Act 1993, applies to a contribution period commencing before that date but not completed on that commencement.
Superannuation Legislation (Further Amendment) Act 1993 NO. 111
| S C H E D U L E | 5— A M E N D M E N T | O F | STATE | A U TH O R ITIES |
| SU PER A N N U A TIO N | A C T | 1987 | N o . | 211—continued |
Payment of contributions during leave without pay
3 . S ection 29 , as am ended by the Superannuation
Legislation (F urther A m endm ent) A ct 1993, app lies to a period of leave w ithout pay com m enced before 1 January 1994 and not com pleted im m ediately before that d a te .
Spouses' benefits
| 4 . | T h e | am endm ents | m ade | by | the | Superannuation |
Legislation (Further A m endm ent) A ct 1993 d o not en title any spouse to benefits in respect of the death of a con tribu to r o r
| fo rm er con tribu to r occurring before | 1 | January | 1994. |
COMMENCEMENT
Items (1) (a)-(e), (2), (3), (9) (b), (12), (14), (15), (21), (22) and
(24)-(26) commence on the date of assent to this Act.
Items (1) (f), (4)-(9) (a), (10), (1l), (13), (16)-(20) and (23) commence on 1 January 1994.
EXPLANATORY NOTE
Executive officers
Items (1) (a) and (c)-(e) and (2) amend definitions and references to executive officers as a consequence of the reorganisation of employer and employee definitions in the Public Sector Executives Superannuation Act 1989 by Schedule 3 to this Act.
Definitions
Item (1) (b) inserts new definitions of “dismissal” and “resign” to remove uncertainty as to the meanings of those terms in provisions for the payment of benefits.
Definition of spouse
Item (1) (f) substitutes the definition of spouse to enable a de facto partner living with a contributor or former contributor at the time of his or her death to be considered as a spouse even though the contributor or former contributor may have been survived by a widow or widower. Power is given to the State Authorities Superannuation Board to settle, in its discretion, competing claims where the amendments result in more than one spouse of a deceased contributor or former contributor being entitled to a benefit (new section 43AB, item (20)).
Benefit accrual of part-time employees
Item (3) removes the restriction on part-time employees with more than one part-time job from accruing more benefit points (used to calculate benefit entitlement) than full-time employees.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
S C H E D U L E 5— A M E N D M E N T O F ST A T E A U T H O R IT IE S
| SU PE R A N N U A T IO N A C T | 1987 N o . 211— con tinued |
Employer reserves
Part 2 of the Act establishes employer reserves within the State Authorities reserves if it is appropriate to do so because of a change in the constitution or nature of an employer.
Superannuation Fund.
Item (5) inserts new section 14A which enables the Board to require employers or former employers under Part 1 of Schedule 1 (The Crown and other employers) to pay amounts into the Fund if employer reserves are insufficient to meet amounts payable from the Fund. Any such outstanding amount is to be treated as a debt owed by the employer to the Board and may be recovered accordingly.
Change of financial year of Board
The Board has received approval from the Treasurer to change its financial year from a year ending on 31 March to a year ending on 30 June. Item (6) amends a provision dealing with actuarial investigations to reflect those changes.
Contributions while on leave without pay or working minimum hours
Currently contributors who are on special leave without pay (this includes maternity leave and sick leave) must pay contributions for the period of the leave. However, under the Commonwealth occupational superannuation standards superannuation funds are required not to accept contributions from persons who have not been employed full-time o r part-time for more than 2 years. The amendment to section 29 (item (8)) limits the period for which contributions must be paid by a person who is on maternity leave or sick leave to 2 years.
The amendments also provide that a person who has been employed for less than 10 hours a week for more than 2 years, and is therefore not employed part-time within the meaning of the Commonwealth standards, is not liable to make contributions.
Contributors who may join Public Sector Executives Superannuation Scheme
Item (9) (b) makes it clear that a contributor may only elect to have a preserved benefit paid into the Public Sector Executives Superannuation Scheme if the contributor is a member of or is eligible to join that Scheme.
Employer contributions
Employer contributions to the Fund are specified in Part 4 of the Act and are determined in relation to contributions paid by the contributor concerned.
Item (10) enables the Board, with the concurrence of the Treasurer, to specify the contribution rates for local government employers, but only after obtaining actuarial advice. In determining the rate, the Board is to have regard to what is necessary to fully fund the obligations of the local government employers under the Act. For that purpose, the board may require additional contributions for a specified period.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
| SC H E D U L E | 5— A M E N D M E N T | O F | ST A T E | A U T H O R IT IE S |
| SU PE R A N N U A T IO N | A C T | 1987 | N o . | 211— continued |
The specified rate of contributions set out in the Part does not take account of other factors that might affect employers' contributions, such as differences in funding arrangements for different employees. Item (11) inserts new section 34A which enables the Board, with the concurrence of the Treasurer, to vary contribution arrangements for an employer specified in Part 1 of Schedule 1 (The Crown and other employers).
Limits on contributions
Under the Commonwealth occupational superannuation standards superannuation funds are required not to accept deductible contributions in a year of income exceeding the amount determined in accordance with the standards. In order to enable the Fund to comply with those standards, a new section 35A is inserted to prohibit contributions from being paid by employers and employees for a specified period if the Board determines it is necessary for the purpose of compliance (item (1 3)). Any such period is not included as service for the purpose of calculating benefits under the Act.
Item (7) makes a consequential amendment.
Incapacity benefits
Items (14) and (15) make it clear that a benefit for total or partial and permanent incapacity is payable to a former contributor only if the former contributor was unable to be employed because of incapacity when the former contributor ceased to be employed.
Adjustment of preserved benefits
Provisions for the payment of preserved benefits presently provide for the payment of interest on benefits for the period for which they have been preserved. Under section 45 o f the Act, the Board has a general discretion to pay interest on any benefits under the Act. However, it may be that the payment of interest is not appropriate having regard to the earnings of the Fund. Under section 16 of the Act, the Board may adjust a contributor’s account before payment from the Fund of a benefit. Items (16)-(19) amend the provisions relating to payment of benefits preserved in the Fund to make it clear that the Board is to adjust a benefit before payment, having regard to any adjustment of the contributor’s account under section 16 to take into account the earnings of the Fund. The items also amend the benefit provisions to remove the mandatory requirement to pay interest on preserved benefits.
Items (9) (a) and (18) also makes it clear that interest paid by the Board on a benefit is to be taken into account in determining whether the amount paid exceeds the threshold above which a benefit must be preserved.
Payment of benefit when person missing
Item (21) inserts new section 53A which enables the Board, if the person entitled to a benefit cannot be found, to pay a benefit to someone else to be used for the care, maintenance, benefit and support of a dependent of the person entitled to the benefit.
Item (22) makes a consequential amendment.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 7—AMENDMENT OF OTHER ACTS—continued
| (b) | if the former member has died and is survived by a widow or w id o w e r - to the surviving widow or widower; or |
| (c) | if the former member has died and is not survived by a widow or w idow er-to the personal representatives of the former member or such other person as the trustees |
direct.
(5) Sections 30, 30A:
Before section 31, insert:
Compliance with superannuation guarantee legislation
30. (1) Minimum benefits. The trustees must, after obtaining actuarial advice, determine what the minimum employer-financed benefit would have to be to ensure that there is no superannuation guarantee shortfall.
(2 ) Increase in benefits. So much of a pension or lump sum as is employer-financed is, despite any other provision of this or any other Act, not to be less than the minimum benefit determined under subsection (1). The pension or lump sum that would otherwise be payable under this Act is increased to the extent necessary for the purpose of complying with this section.
| (3) | Increase in benefit to be paid from Fund. The |
amount of any increase in benefit is to be debited by the
trustees from the Fund.
| (4) | Definition. In this section, “employer-financed |
benefit” means the sum of so much of a pension or lump sum as is determined by the trustees to be employer-financed under this Act.
Application of section 30 to period from 1.7.1992
30A. A benefit that is paid after l July 1992 and before the commencement of section 30 is to be adjusted by the trustees in accordance with that section.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 7—AMENDMENT OF OTHER ACTS—continued
(6) Section 32A:
Omit the section, insert instead:
Information that must be disclosed to contributors
32A. (1) The trustees must, as soon as practicable after a person becomes a member, give to the person a written statement specifying the information relating to the Fund that is required to be given for the purpose of complying with any applicable Commonwealth occupational superannuation standard.
(2) The trustees must from time to time give to a member or other person such information relating to the Fund as the trustees are required to give the member or other person for the purpose of complying with any applicable Commonwealth occupational superannuation standard.
COMMENCEMENT
Items (l), (3), (4) and (5) commence on the date of assent to this Act.
Items (2) and (6) commence on 1 January 1994.
EXPLANATORY NOTE
Limits on contributions
Under the Commonwealth occupational superannuation standards superannuation funds are required not to accept deductible contributions in a year of income exceeding the amount determined in accordance with the standards. In order to enable the Parliamentary Contributory Superannuation Fund to comply with those standards, a new section 18A is inserted to enable the trustees of the Fund to determine that deductions are not to be made from members' salaries for specified periods for the purpose of compliance (item (2)). Any such period is not to be taken into account for the purpose of determining a member's superannuation benefit.
Commutation of pensions
Currently, members or former members of the scheme who were members before the commencement of the Parliamentary Contributory Superannuation (Amendment) Act 1989 are entitled to a lesser reduction in pension than other members when an election is made to commute part of a pension to a lump sum. Item (3) makes it clear that the lesser reduction also applies when subsequent elections are made by such members.
Preservation of benefits (delayed entitlement to certain benefits)
Under the Commonwealth occupational superannuation standards superannuation funds. will be required to preserve, from 1 July 1994, that part of the benefits payable to
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 7—AMENDMENT OF OTHER ACTS—continued
former members (and financed by employer contributions) that is equal to the minimum employer contribution for the purposes of Commonwealth superannuation guarantee legislation. Those standards also require that the contributions vest in members when they become payable. To meet these requirements new sections 30 and 30A are inserted by item (5). Similar provisions have previously been inserted in other public sector superannuation Acts. Item (1) makes a consequential amendment. The effect of the amendments is that any benefits so preserved will not be paid until they are payable under the Commonwealth standards.
Information for contributors
Item (6) replaces the provisions relating to the provision of information to contributors by the trustees of the Fund. The trustees will now be required to give information in accordance with applicable Commonwealth occupational superannuation standards.
POLICE ASSOCIATION EMPLOYEES (SUPERANNUATION)
ACT 1969 No. 33
AMENDMENTS
( 1) Section 2 (Definitions):
In section 2 (l), insert in alphabetical order:
“spouse” of a prescribed person (within the meaning of section 3) who has died means:
| (a) | the widow or widower, as the case may be, of the prescribed person; or |
| (b) | if the prescribed person was a man and, at the time of his death, he was living with a woman as her husband on a bona fide domestic b a s i s - th e woman with whom he was so living; or |
| (c) | if the prescribed person was a woman and, at the time of her death, she was living with a man as his wife on a bona fide domestic b a s is - th e man with whom she was so living; |
(2) Section 3 (Employees of Association transferring from
employment as police officers):
(a) Omit section 3 (9) and (10), insert instead:
(9) If the prescribed person dies:
| (a) | after attaining the age of 60 years but before the person's employment by the Association ceases; or |
Superannuation Legislation (Further Amendment) Act I993 NO. 111
SCHEDULE 7—AMENDMENT OF OTHER ACTS—continued
| (b) | after the person's employment by the Association ceases but before an annual superannuation allowance is granted to the person under subsection (2), |
an annual superannuation allowance equivalent to 62.5 per cent of the annual superannuation allowance which would have been payable to the person, is payable to the person's surviving spouse.
(9A) A person's spouse is entitled to an allowance under subsection (9) only if he or she was the person's spouse when the person attained the age of 60 years or when the person died (whichever occurred first.).
| (10) | If the prescribed person dies after an annual |
superannuation allowance has been granted to the person under subsection (2) and he or she is survived by a spouse who was his or her spouse at:
| (a) | the date when the allowance was granted if the allowance was granted to the prescribed person before he or she attained the age of 60 years; or |
| (b) | the date when the prescribed person attained the age of 60 years if the allowance was granted to the prescribed person after he or she attained that age, |
an annual superannuation allowance equivalent to 62.5 per cent of the annual superannuation allowance received by or payable to the prescribed person is payable to the surviving spouse.
| (b) | From section 3 (10A), omit “his” where firstly occurring, insert instead “the person's”. |
| (c) | From section 3 (10A), omit “his widow”, insert instead “the person‘s spouse”. |
| (d) | From section 3 (10A), omit “he”, insert instead “the person”. |
(e) From section 3 (11), omit “widow”, insert instead “spouse”.
(f) In section 3 (11), before “she”, insert “he or”.
| (g) | From section 3 (1B), omit “widow” wherever occurring, insert instead “spouse”. |
(h) Omit section 3 (11C).
(i) From section 3 (11D), omit “subsection (11C)”, insert instead “the other provisions of this section”.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 7—AMENDMENT OF OTHER ACTS—continued
| (j) | From section 3 (11D), omit “that subsection” wherever occurring, insert instead “this section”. |
| (k) | From section 3 (11D) (a), omit “a widower”, insert instead “a male spouse”. |
(1) From section 3(11D) (a), omit “the widower”, insert instead “the spouse”.
| (m) | From section 3 (11D) (b), omit “a widower”, insert instead “a male spouse”. |
| (n) | From section 3 (11D) (c), omit “a widower”, insert instead “a male spouse”. |
(o) From section 3 (12), omit “he”, insert instead “the person”.
(3) Sections 4, 5:
After section 3, insert:
Competing claims for spouses' benefits
4. (1) This section applies to a superannuation allowance under this Act which is payable to the spouse of a prescribed person (within the meaning of section 3) who has died.
(2) If a superannuation allowance would be payable to more than one person because a prescribed person, who has died, has left more than one spouse, then, despite any other provision of this Act:
| (a) | the allowance is payable in accordance with a determination made by the Board, and not otherwise; and |
| (b) | the total amount of allowance payable to those persons at any time is not to exceed the amount of allowance or gratuity that would be payable if there were only one spouse. |
(3) For the purposes of subsection (2) (a), the Board may determine in relation to a superannuation allowance:
| (a) | that the allowance is not payable to such of the persons concerned as it specifies; or |
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 7—AMENDMENT OF OTHER ACTS—continued
| (b) | that the amount of the allowance is to be apportioned between the persons concerned in such manner as it specifies. |
| (4) | The Board may withhold the payment of any part of a |
superannuation allowance:
| (a) | until 30 days after the death of the prescribed person in respect of which the allowance is payable; or |
| (b) | if an application has been made for the allowance by more than one person, until it is satisfied that only one of those persons is entitled to the allowance or until a determination is made in relation to the matter by the Board under this section. |
| (5) | If, after 30 days from the death of a prescribed person, |
a superannuation allowance is paid in respect of any period to the spouse of the prescribed person, a superannuation allowance is not payable to any other spouse of the prescribed person in respect of that period.
| (6) | For the purposes of subsection (5), an amount paid in |
good faith by the Board to a person purporting to be the spouse of a prescribed person is taken to have been paid to the spouse of the prescribed person.
| (7) | If, after 30 days from the death of a prescribed person, |
any amount is paid under this Act to the person's personal representatives or to such other persons as the Board may determine, any superannuation allowance which is payable to the spouse of the prescribed person is to be reduced by the amount so paid.
Savings and transitional provisions
5. Schedule 1 has effect.
Superannuation Legislation (Further Amendment) Act I993 No. 111
SCHEDULE 7—AMENDMENT OF OTHER ACTS—continued
(4) Schedule 1:
At the end of the Act, insert:
SCHEDULE 1—SAVINGS AND TRANSITIONAL
PROVISIONS
(Sec. 5)
Part l—Regulations
Regulations
1. (1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
Superannuation Legislation (Further Amendment) Act
1993
| (2) | Any such provision may, if the regulations so provide, |
take effect from the date of assent to the Act concerned or a
later day.
| (3) | To the extent to which any such provision takes effect |
from a date that is earlier than the date of its publication in
the Gazette, the provision does not operate so as:
| (a) | to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication; or |
| (b) | to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication. |
Part 2—Superannuation Legislation (Further
Amendment) Act 1993
Spouses' benefits
2. The amendments made by the Superannuation Legislation (Further Amendment) Act 1993 do not entitle any spouse to benefits in respect of the death of a prescribed person occurring before 1 January 1994.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 7—AMENDMENT OF OTHER ACTS—continued
COMMENCEMENT
The amendments commence on 1 January 1994.
EXPLANATORY NOTE
Definition of spouse
Item (1) substitutes the definition of spouse to enable a de facto partner living with a member or former member of the superannuation scheme under the Act at the time of his or her death to be considered as a spouse even though the member may have been survived by a widow or widower.
Power is given to the State Authorities Superannuation Board to settle, in its discretion, competing claims where the amendments result in more than one spouse of a member or former member being entitled to a benefit (new section 4, item (3)).
Item (2) makes consequential amendments.
Savings and transitional provisions
Item (4) inserts new Schedule 1 which enables savings or transitional regulations to be made in relation to amendments made by this Act. It also inserts transitional provisions relating to spouses' benefits. Item (3) inserts new section 5 which gives effect to the Schedule of savings and transitional provisions.
PUBLIC AUTHORITIES SUPERANNUATION ACT 1985 No. 41
AMENDMENTS
(1) Section 62 (Payment where beneficiary incapable):
In section 62 (l), before “dependent”, insert “wholly or partly”.
(2) Section 62A:
After section 62, insert:
Payment where beneficiary is missing
62A. (1) If the Board is unable, after reasonable inquiry, to find a person to whom a benefit is payable, the Board may pay the benefit to someone else to be applied wholly for the care, maintenance, benefit and support of any person wholly or partly dependent on the person who would otherwise be entitled to the benefit.
(2) Any payment made under this section is taken to have been made to the person who, but for this section, would be entitled to the benefit.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 7—AMENDMENT OF OTHER ACTS—continued
COMMENCEMENT
The amendments commence on the date of assent to this Act.
EXPLANATORY NOTE
Payment of benefit when person missing
Item (2) inserts new section 62A which enables the Board, if the person entitled to a benefit cannot be found, to pay a benefit to someone else to be used for the care, maintenance, benefit and support of a dependent of the person entitled to the benefit.
Item (1) makes a consequential amendment.
STATE PUBLIC SERVICE SUPERANNUATION
ACT 1985 No. 45
AMENDMENT
Sections 57A, 57B:
After section 57, insert:
Payment where beneficiary incapable
57A. (1) If the Board is of the opinion that a person to whom a benefit is payable is incapable of administering his or her affairs because of illness, imprisonment or for any other cause, the Board may pay the benefit to someone else to be applied wholly for the care, maintenance, benefit and support of the person otherwise entitled to the benefit, or any person wholly or partly dependent on the person.
(2) Any payment made under this section is taken to have been made to the person who, but for this section, would be entitled to the benefit.
Payment where beneficiary is missing
57B. (l) If the Board is unable, after reasonable inquiry, to find a person to whom a benefit is payable, the Board may pay the benefit to someone else to be applied wholly for the care, maintenance, benefit and support of any person wholly or partly dependent on the person who would otherwise be entitled to the benefit.
(2) Any payment made under this section is taken to have been made to the person who, but for this section, would be entitled to the benefit.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 7—AMENDMENT OF OTHER ACTS—continued
COMMENCEMENT
The amendment commences on the date of assent to this Act.
EXPLANATORY NOTE
The amendment inserts new section 57A which enables the State Authorities Superannuation Board to pay a benefit to someone else, if the person entitled to the benefit is incapable of managing his or her own affairs, for the benefit of the person entitled to the benefit or a dependent of that person. The amendment also inserts new section 57B which enables the Board, if the person entitled to a benefit cannot be found, to pay a benefit to someone else to be used for the care, maintenance, benefit and support of a dependent of the person entitled to the benefit.
SUPERANNUATION ADMINISTRATION ACT 1991 No. 96
AMENDMENTS
(1) Sections 22, 23:
Omit the sections, insert instead:
Administration costs of the Board generally
22. (1) The Board must charge administration costs that it incurs (including the remuneration or allowances of the trustees and any expense incurred by the New South Wales Superannuation Office in providing services directly to the Board) against the Administration Account.
(2) The administration costs (including administration costs relating to preserved benefits) that the Board incurs in relation to the administration of the associated superannuation schemes are to be paid in accordance with this section to the Administration Account.
| (3) | The administration costs (including administration |
costs relating to preserved benefits) that the Board incurs in relation to the administration of the associated superannuation schemes are payable by employers and contributors or members and former contributors or former members under the associated superannuation schemes.
| (4) | If employees are employed by a group of employers, |
the costs are payable by the group of employers. If a contributor or member belongs or a former contributor or former member belonged to a group of contributors or
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 7—AMENDMENT O F OTHER ACTS—continued
members which contributes to a scheme, the costs are
payable by the group of contributors or members.
| (5) | The amount, the rate and the basis on which an |
employer, group of employers or contributor or member or former contributor or former member or group of contributors or members is required to pay is to be determined by the Board from time to time.
| ( 6 ) | After calculating the appropriate amount or rate |
payable, the Board may debit the appropriate account, fund or reserve in the relevant associated superannuation fund in accordance with this Division.
| Source | of | administration | costs | payments— |
non-contributory Fund
23. (1) The administration costs payable in respect of the superannuation scheme established under the State Authorities Non-contributory Superannuation Act 1987 are to be paid from employer reserves established in accordance with that Act.
(2) The administration costs payable in respect of preserved benefits provided under the State Authorities Non-contributory Superannuation Act 1987 are to be paid from employees' accounts established in accordance with that Act.
Source of administration costs payments—police fund
23A. The administration costs payable in respect of the
Police Superannuation Fund are to be paid from that Fund.
Source of administration costs payments—SASS fund
23B. (1) The administration costs payable in respect of the State Authorities Superannuation Fund are to be paid from employer reserves and contributors' accounts in the State Authorities Superannuation Fund.
(2 ) The administration costs payable in respect of preserved benefits provided under the State Authorities Superannuation Act 1987 are to be paid from contributors' accounts in the State Authorities Superannuation Fund.
| (3) | The administration costs payable in respect of pensions |
provided under the State Authorities Superannuation Act
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SCHEDULE 7—AMENDMENT OF OTHER ACTS—continued
1987 are to be paid from employer reserves in the State
Authorities Superannuation Fund.
Source of adm inistration costs paym ents—SSF fund
23C. (1) The administration costs payable in respect of the State Superannuation Fund are to be paid from employer reserves and the contributors' reserve in the State Superannuation Fund.
(2) The administration costs payable in respect of preserved benefits provided under the Superannuation Act 1916 are to be paid from employer reserves in the State Superannuation Fund.
(3) The administration costs payable in respect of pensions provided under the Superannuation Act 1916 are to be paid from employer reserves in the State Superannuation Fund. Source of adm inistration costs paym ents—other funds
23D. The administration costs (including administration costs relating to preserved benefits) payable in respect of an associated superannuation fund, other than a fund referred to in sections 23-23C, are to be paid from the reserves or accounts established in the relevant associated fund determined for the purposes of this section by the Board.
(2) Section 46A:
After section 46, insert:
Exem ption from stam p duty
46A. The Board is not liable for stamp duty under the Stamp Duties Act 1920 in respect of anything done by the Board for the purposes of this Act or its functions under the associated Acts.
(3) Schedule 5 (Savings, transitional and o ther provisions):
| (a) | In clause 2 (l), after “Act”, insert “or the Superannuation Legislation (Further Amendment) Act 1993”. |
| (b) | From clause 2 (2), omit “this Act”, insert instead “the Act concerned”. |
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 7—AMENDMENT OF OTHER ACTS—continued
(c) After clause 16, insert:
PART 3—PROVISIONS CONSEQUENT ON THE
ENACTMENT OF THE SUPERANNUATION LEGISLATION (FURTHER AMENDMENT)
ACT 1993
Actions by Board relating to administration costs
17. The Board is, in relation to anything done before the commencement of sections 22-23D, as inserted by the Superannuation Legislation (Further Amendment) Act 1993, taken to have had power to do anything relating to the calculation and payment of its administration costs that it has power to do under those sections as so inserted.
COMMENCEMENT
The amendments commence on the date of assent to this Act.
EXPLANATORY NOTE
Administration costs and charges
Presently, administration costs of the Board are payable from the associated superannuation schemes (that is, the public sector statutory superannuation schemes) according to specific formulas set out in section 22. Item (1) replaces this method of determining the amount of costs payable by employers and contributors with a power of the Board to determine the costs and the basis of payment.
The administrative charges of the Board in relation to preserved benefits are presently payable from the relevant contributor's account. This does not take into account that the amount of the benefit preserved already contains some allowance for administrative charges. Item (1) replaces this provision with a power of the Board to determine the charges and the basis of payment.
Item (3) validates things done by the Board in relation to obtaining its administrative costs before the commencement of the amendment.
Exemption from stamp duty
Currently the Board is exempted by the Public Authorities (Financial Arrangements) Act 1987 from liability for stamp duty for investment purposes. Item (2) inserts new section 46A which exempts the Board from liability for stamp duty in respect of anything done for the purposes of its functions under the Act or the other Acts relating to public sector superannuation schemes.
Savings and transitional provisions
Item (3) amends Schedule 5 to enable savings or transitional regulations to be made relating to the amendments made by this Act.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 7—AMENDMENT OF OTHER ACTS—continued
SUPERANNUATION LEGISLATION (AMENDMENT) ACT
1992 No. 35
AMENDMENT
Schedule 2 (Other amendments):
Omit item (4) of the amendments relating to the State
Authorities Superannuation Act 1987.
COMMENCEMENT
The amendment commences on the date of assent to this Act.
EXPLANATORY NOTE
The item being repealed proposed to insert sections 42AA-42AC into the State Authorities Superannuation Act 1987. Section 42AA has commenced but it is not proposed to commence sections 42AB and 42AC.
TRANSPORT EMPLOYEES RETIREMENT BENEFITS ACT
1967 No. 96
AMENDMENTS
(1) Section 62 (Payment where beneficiary incapable):
In section 62 (l), before “dependent”, insert “wholly or partly”.
(2) Section 62A:
After section 62, insert:
Payment where beneficiary is missing
62A. ( 1) If the Board is unable, after reasonable inquiry, to find a person to whom a benefit is payable, the Board may pay the benefit to someone else to be applied wholly for the care, maintenance, benefit and support of any person wholly or partly dependent on the person who would otherwise be entitled to the benefit.
(2) Any payment made under this section is taken to have been made to the person who, but for this section, would be entitled to the benefit.
COMMENCEMENT
The amendments commence on the date of assent to this Act.
Superannuation Legislation (Further Amendment) Act 1993 No. 111
SCHEDULE 7—AMENDMENT O F OTHER ACTS—continued
EXPLANATORY NOTE
Payment of benefit when person missing
Item (2) inserts new section 62A which enables the State Authorities Superannuation Board, if the person entitled to a benefit cannot be found, to pay a benefit to someone else to be used for the care, maintenance, benefit and support of a dependent of the person entitled to the benefit.
Item (1) makes a consequential amendment.
[Minister's second reading speech made in—
Legislative Assembly on 10 November I993 Legislative Council on 18 November 1993]
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