Transport Superannuation Regulations 2018 (Vic)

Version No. 001

Transport Superannuation Regulations 2018

S.R. No. 130/2018

Version as at

14 September 2018

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definitions

6Salary

7Salary—pecuniary emoluments payable to a member

8Application of Act

9Contributions—specifications

10Benefit on resignation—prescribed rate

11Death and disability benefits payable to transferred members

12Death or disability benefit if a medical classification certificate is in force

13Death or disability benefit if no medical examination made

Schedule 1—Factors to be applied to total contributions without interest as at 30 June 1987 to produce total contributions with interest at that date

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Transport Superannuation Regulations 2018

S.R. No. 130/2018

Version as at

14 September 2018

1Objectives

The objectives of these Regulations are for the purposes of the Transport Superannuation Act 1988—

(a)to prescribe matters required or permitted to be prescribed; and

(b)to specify matters for the calculation and payment of contributions for that Act; and

(c)to prescribe other matters necessary or convenient for the purposes of that Act.

2Authorising provision

These Regulations are made under section 52 of the Transport Superannuation Act 1988.

3Commencement

These regulations come into operation on 14 September 2018.

4Revocation

The Transport Superannuation Regulations 2008[1] are revoked.

5Definitions

In these Regulations—

bank account means an account with an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth;

the Act means the Transport Superannuation Act 1988.

6Salary

For the purposes of the definition of salary in section 3(1) of the Act, salary is the pecuniary emoluments payable to a member in accordance with regulation 7.

7Salary—pecuniary emoluments payable to a member

(1)Salary is the amount, computed as determined by the Board, of the annual rate of remuneration for the time being payable periodically and regularly to a member by an employer including the annual rate of any higher duties allowances that have been paid continuously for at least 12 months but excluding—

(a)any expense of office or uniform allowance; or

(b)any reimbursement of travelling or other incidental expenses; or

(c)any overtime allowance or any other allowances which would not ordinarily be payable in respect of every pay period in a year of employment.

(2)For the purposes of subregulation (1)—

(a)in the case of a member who is on leave of absence without pay or less than full pay and is not acting as a full-time officer of a union or employee organisation, salary is—

(i)the salary of the member immediately prior to the commencement of that leave of absence increased in accordance with changes in the salary applicable to the substantive classification of the member during that leave of absence; or

(ii)any greater salary as is paid to the member by any other employer and approved by the Board;

(b)in the case of a member who is an employee of a union or employee organisation, salary is—

(i)the last salary of the employee immediately prior to becoming a full‑time officer of the union or employee organisation adjusted in accordance with changes in the rate of salary for the last substantive classification of the member; or

(ii)any greater salary as is paid to the member by the union or employee organisation and approved by the Board;

(c)in the case of a part-time member, salary is the salary which would be payable at that time to a person in similar employment on a full-time basis;

(d)in the case that a member's salary is reduced, and the Board agrees that the reduction must not be taken into account, salary is the greater of—

(i)the salary of the member immediately prior to the reduction; and

(ii)the actual salary payable to the member;

(e)in the case of an employee performing shift work, salary includes an additional annual amount of remuneration calculated according to the schedule of shift allowances approved by the Board and published from time to time in the Government Gazette provided that—

(i)for the purpose of calculating benefits the shift work has been performed for not less than 3 years immediately prior to the date at which the benefits become payable; and

(ii)any benefit payable to an employee who becomes eligible for benefits without having completed 3 years of shift work must take into account any additional contributions paid by that employee in relation to the shift work;

(f)in any other case, the amount, computed as determined by the Board, of the annual rate of remuneration for the time being payable periodically and regularly to a member by an employer including the annual rate of any higher duties allowances that have been paid continuously for at least 12 months but excluding—

(i)any expense of office or uniform allowance; or

(ii)any reimbursement of travelling or other incidental expenses; or

(iii)any overtime allowance or any other allowances which would not ordinarily be payable in respect of every pay period in a year of employment.

8Application of Act

For the purposes of section 4(5) of the Act, a prescribed superannuation scheme is a superannuation scheme established and maintained—

(a)under an Act of Victoria or any other State, the Commonwealth or a Territory; or

(b)by the governing body of any authority constituted under any Act of Victoria or any other State, the Commonwealth or a Territory.

9Contributions—specifications

(1)An election made by a member to change the member's rate of contribution under section 28 of the Act must—

(a)be made in writing and give 2 months notice to the Board; and

(b)take effect from the first date for payment of salary on or after the date or dates fixed by the Board for the adjustment of salary in each year.

(2)Contributions that are deducted from the after-tax salaries of members, and other money payable to the Board, must be paid by the employing authority on the appropriate pay day by the direct crediting of those amounts to a bank account nominated by the Board or in any other manner approved by the Board.

(3)Particulars in writing of the contributions and other money comprising the amount of payment must be provided by the employing authority to the Board on the day that the payment is made.

(4)Any variation in the amount of contributions normally paid to the Board on any pay day must be explained in writing to the Board by the employing authority showing the changes that have occurred in the deductions from the contributor's after-tax salaries.

(5)A contributor must make contributions to the Fund on each date of payment of salary or periodic payments under the Accident Compensation Act 1985.

10Benefit on resignation—prescribed rate

For the purpose of section 35(1)(a) of the Act the prescribed rate is—

(a)the amount of contributions and interest as at 30 June 1987, calculated using the factors in Schedule 1 with values for intermediate dates of entry being calculated to the lower 0·01; and

(b)the additional annual rates of interest to be applied from 1 July 1987 to 30 June 1988 and from 1 July to 30 June in subsequent years are as published by the Board in the Government Gazette in each of those years.

11Death and disability benefits payable to transferred members

Full death and disability benefits must be granted by the Board to a transferred member who was entitled to full death and disability benefits under a superannuation fund or superannuation arrangement referred to in section 4(1) of the Act.

12Death or disability benefit if a medical classification certificate is in force

If a member in respect of whom there is in force a medical classification certificate dies or becomes disabled and the Board is of the opinion that the death or disability was caused or substantially contributed to by a condition specified in the medical classification certificate, the benefit payable instead of the benefits under section 30(1) or 31(1) of the Act is—

(a)in the event of death—

(i)the accrued retirement benefit at the date of death; and

(ii)one-twentieth of the balance of the lump sum benefit which would have been payable if no medical classification certificate was in force for each year of recognised service—

but not exceeding the benefit which would have been payable if no medical classification certificate was in force at the date of death; or

(b)in the event of disability, a pension for life at the rate of one-twelfth of—

(i)the accrued retirement benefit at the date of disability; and

(ii)one-twentieth of the balance of the lump sum benefit which would have been payable if no medical classification certificate was in force for each year of recognised service—

but not exceeding the pension which would have been payable if no medical classification certificate was in force at the date of disability.

13Death or disability benefit if no medical examination made

(1)This regulation applies if—

(a)a member who has not been medically examined and classified by the Board dies or is retired on account of disability; and

(b)the Board is satisfied after considering medical evidence that the member's death or retirement—

(i)was not due to the fault, whether by intentional act or omission, of the member or any person liable to benefit financially from the member's death; and

(ii)was caused as a result of an accident or medical trauma unrelated to any prior medical condition of the member suffered by the member within the period of 12 months, or any longer period as is approved by the Board, prior to the member's death or retirement.

(2)If this regulation applies, the Board may determine that any benefits payable under the Act in respect of the member's death or retirement be paid as if no medical classification certificate was in force at the date of death or disability.

Schedule 1—Factors to be applied to total contributions without interest as at 30 June 1987 to produce total contributions with interest at that date

Regulation 10(a)

Date of entry during year ended	Factor	Date of entry during year ended	Factor	Date of entry during year ended	Factor
30.6.87	1·00	30.6.71	1·93	30.6.55	2·22
30.6.86	1·07	30.6.70	1·96	30.6.54	2·23
30.6.85	1·14	30.6.69	1·99	30.6.53	2·23
30.6.84	1·21	30.6.68	2·02	30.6.52	2·24
30.6.83	1·29	30.6.67	2·05	30.6.51	2·24
30.6.82	1·37	30.6.66	2·07	30.6.50	2·24
30.6.81	1·44	30.6.65	2·09	Years ending 30.6.49 and earlier	2·25
30.6.80	1·51	30.6.64	2·11
30.6.79	1·57	30.6.63	2·13
30.6.78	1·62	30.6.62	2·15
30.6.77	1·68	30.6.61	2·16
30.6.76	1·73	30.6.60	2·18
30.6.75	1·78	30.6.59	2·19
30.6.74	1·82	30.6.58	2·20
30.6.73	1·86	30.6.57	2·21
30.6.72	1·90	30.6.56	2·22

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Transport Superannuation Regulations 2018, S.R. No. 130/2018 were made on 11 September 2018 by the Governor in Council, after consideration of a report from the Emergency Services Superannuation Board, under section 52 of the Transport Superannuation Act 1988, No. 33/1988 and came into operation on 14 September 2018: regulation 3.

The Transport Superannuation Regulations 2018 will sunset 10 years after the day of making on 11 September 2028 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•    Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•    Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•    Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•    Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•    Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Transport Superannuation Regulations 2018 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4: S.R. No. 110/2008.