Superannuation (Legislative Assembly Members) Amendment Act 2008 (ACT)

Case

Superannuation (Legislative Assembly Members) Amendment Act 2008

A2008-40

Contents

Page

  1. Name of Act  2

  2. Commencement  2

  3. Legislation amended  2

  4. Part 1 heading  2

  5. Section 1  2

  6. New section 3A  3

  7. Part 2 and division 2.1 headings  4

  8. Functions


    Section 5  5

  9. Division 2.2 heading  5

  10. New section 11A  5

  11. Part 3 heading  6

  12. Sections 12 to 14  6

  13. Superannuation benefit


    New section 15 (5)  6

  14. Death or invalidity benefit


    Section 16 (2)  7

  15. Payment to estate


    Section 17  7

  16. Section 18  7

  17. Part 4 heading  8

  18. Part 5  9

  19. Dictionary  11

Schedule 1Technical amendments  13

Superannuation (Legislative Assembly Members) Amendment Act 2008

A2008-40

An Act to amend the Superannuation (Legislative Assembly Members) Act 1991

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Superannuation (Legislative Assembly Members) Amendment Act 2008.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Superannuation (Legislative Assembly Members) Act 1991.

  4. Part 1 heading

    substitute

Chapter 1Preliminary

  1. Section 1

    substitute

  2. Name of Act

    This Act is the Legislative Assembly (Members’ Superannuation) Act 1991.

  3. New section 3A

    in chapter 1, insert

3AMeaning of discontinuance

(1)For this Act, a discontinuance, in relation to a member, happens when the member’s term of office ends by—

(a)death; or

(b)resignation; or

(c)retirement on the ground of invalidity; or

(d)disqualification or expulsion; or

(e)dissolution of the Legislative Assembly; or

(f)the ending of the member’s term of office under the Self‑Government Act, section 10 (Term of office of member).

(2)However, a discontinuance is taken not to have happened for this chapter if the member is re‑elected to the Legislative Assembly at—

(a)if subsection (1) (e) applies—the 1st general election after the dissolution of the Assembly; or

(b)if subsection (1) (f) applies—the general election for which the polling day marks the end of the member’s term of office.

  1. Part 2 and division 2.1 headings

    substitute

Chapter 2Defined benefits scheme

Part 2.1Preliminary

3BApplication—ch 2

This chapter applies in relation to a member elected before the 2008 general election, in relation to a relevant period of service by the member, until the earlier of the following events:

(a)the member’s discontinuance;

(b)if the member makes an election under section 18A (Members may transfer to choice of funds scheme)—the amount of the member’s benefit under this chapter is paid under the section.

NoteElected—see the dictionary.

3CDefinitions—ch 2

In this chapter:

board means the Australian Capital Territory Legislative Assembly Members Superannuation Board established under section 4.

invalidity, in relation to a person, means a permanent disability to which at least 2 doctors certify, and that the board decides, is likely to result in an inability ever to work in an occupation for which the person is reasonably qualified by education, training or experience.

relevant period of service means the period during which a person served as a member in consecutive terms, but does not include a period of service in relation to which the person has received a superannuation benefit under this chapter.

Part 2.2Legislative Assembly Members Superannuation Board

Division 2.2.1           Establishment of board

  1. Functions
    Section 5

    omit

    this Act

    substitute

    this chapter

  2. Division 2.2 heading

    substitute

Division 2.2.2           Constitution and operation

  1. New section 11A

    in division 2.2.2, insert

11AAnnual report by board

The board must, after each 30 June, present to the Legislative Assembly a report of the board’s operations during the financial year ending on that date.

  1. Part 3 heading

    substitute

Part 2.3Entitlements of members

  1. Sections 12 to 14

    substitute

  2. Eligibility

    A person who holds, or has held, office as a member is eligible on the person’s discontinuance to receive benefits under this chapter in relation to the person’s relevant period of service.

  3. Members’ contributions

    A member must pay 5% of the member’s salary into the territory banking account in respect of superannuation benefits.

  4. Superannuation benefit
    New section 15 (5)

    insert

    (5)In this section:

    office-holder means a member who receives additional salary under the remuneration tribunal’s determination in relation to the Legislative Assembly.

  5. Death or invalidity benefit
    Section 16 (2)

    omit

    the member has been a contributing member

    substitute

    in the member’s relevant period of service

  6. Payment to estate
    Section 17

    omit

    this Act

    substitute

    this chapter

  7. Section 18

    substitute

  8. Preservation of benefit

    (1)This section applies to a person who becomes entitled to a superannuation benefit under this chapter if the person—

    (a)is less than 55 years old; or

    (b)is at least 55 years old but remains a member of the workforce.

    (2)The benefit is payable—

    (a)if the person is leaving Australia permanently or the entitlement is because of a discontinuance caused by the person’s death or invalidity—immediately to the person; or

    (b)in any other case—

    (i)to an eligible choice fund chosen by the person; or

    (ii)if the person does not choose an eligible choice fund within 3 months after the day the person becomes entitled to the benefit—the default fund.

    (3)For subsection (2) (b) (i), the choice must be in writing given to the board.

18AMembers may transfer to choice of funds scheme

(1)A member may elect to transfer the amount of the member’s benefits under this chapter to a fund chosen by the member under section 23 (Choice of fund by members).

(2)An election must be in writing given to the board.

(3)The board must—

(a)determine the amount of the member’s benefit under section 15 (Superannuation benefit) as if the member were entitled to receive a benefit under section 12 (Eligibility); and

(b)pay the amount to the fund.

  1. Part 4 heading

    substitute

Part 2.4Review of board’s decisions

  1. Part 5

    substitute

Chapter 3Choice of funds scheme

  1. Application—ch 3

    This chapter applies to a person who is elected as a member at or after the 2008 general election, other than someone to whom chapter 2 (Defined benefits scheme) applies.

    NoteElected—see the dictionary.

  2. Choice of fund by members

    (1)A member may choose an eligible choice fund to which contributions under section 24 are to be paid for the member’s benefit.

    (2)The member may change the member’s choice.

    (3)The choice, or change of choice, must be in writing given to the Speaker.

  3. Territory contributions

    (1)The Territory must pay the prescribed amount for a member to the relevant fund for the member.

    (2)In this section:

    designated percentage means—

    (a)14%; or

    (b)if another percentage is prescribed by regulation—the prescribed percentage.

    prescribed amount, in relation to a member, means—

    (a)if the member has made an election under section 18A (Members may transfer to choice of funds scheme) and a discontinuance is taken not to apply to the member after the election was made—an amount equal to 24% of the member’s salary for each year, or part of a year, that the member is a member of the Legislative Assembly; or

    (b)in any other case—

    (i)an amount equal to the designated percentage of the member’s salary for each year, or part of a year, that the member is a member of the Legislative Assembly; and

    (ii)if, for a period, the member contributes to the member’s relevant fund at the rate of 3% or more of the member’s salary for the period—an additional amount equal to 1% of the member’s salary for the period.

    relevant fund, in relation to a member, means—

    (a)if a choice under section 18A (Members may transfer to choice of funds scheme) or section 23 (Choice of fund by members) has been made by the member—the chosen fund; or

    (b)in any other case—the default fund.

Chapter 4Miscellaneous

  1. Regulation-making power

    The Executive may make regulations for this Act.

    NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Chapter 10Transitional—Superannuation (Legislative Assembly Members) Amendment Act 2008

  1. Transitional regulations

    (1)A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Superannuation (Legislative Assembly Members) Amendment Act 2008.

    (2)A regulation may modify this chapter (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this chapter.

    (3)A regulation under subsection (2) has effect despite anything in this or another territory law.

  2. Expiry—ch 10

    This chapter expires 1 year after the day it commences.

  3. Dictionary

    substitute

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:

·     administrative appeals tribunal

·     Deputy Speaker

·     exercise

·     function

·     Legislative Assembly

·     remuneration tribunal

·     Self-Government Act

·     Speaker.

board, for chapter 2 (Defined benefits scheme)—see section 3C.

default fund means—

(a)First State Super; or

(b)if another eligible choice fund is prescribed by regulation—the prescribed fund.

discontinuance—see section 3A.

elected, in relation to a member, includes a person declared elected under either of the following provisions of the Electoral Act 1992:

(a)section 194 (1) (Determination of candidate to fill vacancy);

(b)section 195 (1) (Assembly nominees).

eligible choice fund means an eligible choice fund under the Superannuation Guarantee (Administration) Act 1992 (Cwlth), section 32D.

general election means a general election of members.

invalidity, for chapter 2 (Defined benefits scheme)—see section 3C.

member means a member of the Legislative Assembly.

relevant period of service, for chapter 2 (Defined benefits scheme)—see section 3C.

salary, of a member, means the member’s salary including any additional salary but not including allowances.


Schedule 1Technical amendments

(see s 3)

[1.1]Section 15 (1)

omit

his or her

substitute

the person’s

[1.2]Section 15 (3)

omit

his or her

substitute

the member’s

[1.3]Section 15 (3), definition of TSPM

omit

he or she

substitute

the member

[1.4]Section 15 (4)

omit

his or her

substitute

the person’s

[1.5]Section 16 (1) (b)

omit

his or her

substitute

the member’s

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 7 August 2008.

  2. Notification

    Notified under the Legislation Act on 3 September 2008.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Superannuation (Legislative Assembly Members) Amendment Bill 2008, which was passed by the Legislative Assembly on 21 August 2008.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2008

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