Untitled document
Superannuation Legislation Amendment Act 2013
No. 61 of 2013
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Emergency Services Superannuation Act 1986
Division 1—General amendments
3Amendment of section 3(1)—definition of nominee substituted
4Amendment of section 8—Vacancies on Board
5Amendment of section 13—Chief Executive Officer
6Amendment of section 20B—Membership
7Amendment of section 20E—Death of contributor or police recruit
8Amendment of section 20F—Disability of contributor or police recruit
9Section 20N substituted—Nominated personal representatives
20NNominated personal representatives
10Amendment of section 20O—Death benefit when no
dependants11Amendment of section 20P—Payment of benefits in case of multiple claimants
Division 2—Transfer of Parliamentary Contributory
Superannuation Fund
12Amendment of section 3—Definitions
13Amendment of section 4—Application of Act
14New Part 4AC inserted
Part 4AC—transfer of the parliamentary contributory superannuation fund and related matters
22DNDefinitions
22DOTransfer of assets and liabilities of the Parliamentary Contributory Superannuation Fund
22DPBoard is successor in law
22DQExemption from stamp duty or other tax
22DRTransitional provision—Registrar of Titles
22DSActuarial investigation
22DTScheme may be supplemented by Consolidated Fund
Part 3—repeal of Spent Acts
15Repeals
Part 4—Parliamentary Salaries and Superannuation Act 1968
16Consequential amendments
Part 5—State Employees Retirement Benefits
Act 1979
17Amendment of section 39—Amount of lump sum and pension
on retirement18Amendment of section 53—Disability benefits
19Amendment of section 54—Board to make determination as
to entitlement to disability benefits
Part 6—State Superannuation Act 1988
20Amendment of section 34—Pension entitlement on retirement through disability
21Amendment of section 53—Benefit on death of new scheme member before retirement
22Amendment of section 54—Benefit on retirement through disability
Part 7—Transport Superannuation Act 1988
23Amendment of section 30—Benefit on death before retirement
24Amendment of section 31—Benefit on retirement through disability
Part 8—Repeal of Amending Act
25Repeal of amending Act
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Endnotes
Superannuation Legislation Amendment Act 2013
No. 61 of 2013
[Assented to 22 October 2013]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The purpose of this is to—
(a)make miscellaneous amendments to specified Superannuation Acts to improve the operation of those Acts; and
(b)repeal The Constitution Act Amendment Act 1958 and the Parliamentary Contributory Superannuation Act 1962 which are spent Acts.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 July 2014, it comes into operation on that day.
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Part 2—Emergency Services Superannuation Act 1986
Division 1—General amendments
3Amendment of section 3(1)—definition of nominee substituted
In section 3(1) of the Emergency Services Superannuation Act 1986, for the definition of nominee substitute—
"nominee, in relation to a deceased contributor or former contributor, means—
(a)any person nominated by the contributor as a nominated personal representative under section 20N(1); or
(b)any person deemed to be a contributor's nominated personal representative under section 20N(3); or
(c)any person over the age of 18 years who is not in the opinion of the Board a full-time student and to whom the contributor has been the natural or adoptive parent;".
4Amendment of section 8—Vacancies on Board
In section 8(1)(e) of the Emergency Services Superannuation Act 1986, for "Governor in Council" substitute "Minister".
5Amendment of section 13—Chief Executive Officer
For sections 13(2) to (5) of the Emergency Services Superannuation Act 1986 substitute—
"(2)The Chief Executive Officer is to be appointed by the Board with the approval of the Minister.
(3)Subject to this section, the terms and conditions of appointment of the Chief Executive Officer are to be determined by the Board with the approval of the Minister.".
6Amendment of section 20B—Membership
After section 20B(4) of the Emergency Services Superannuation Act 1986 insert—
"(5)A contributor may cease membership of the Scheme at any time after attaining the age of 65 years.".
7Amendment of section 20E—Death of contributor or police recruit
(1)In section 20E(1) of the Emergency Services Superannuation Act 1986, for "Upon" substitute "Subject to subsection (7A), upon".
(2)In section 20E(2) of the Emergency Services Superannuation Act 1986, for "Upon" substitute "Subject to subsection (7A), upon".
(3)In section 20E(4) of the Emergency Services Superannuation Act 1986, for "Where" substitute "Subject to subsection (7A), where".
(4)In section 20E(5) of the Emergency Services Superannuation Act 1986, for "If" substitute "Subject to subsection (7A), if".
(5)In section 20E(6) of the Emergency Services Superannuation Act 1986, for "On" substitute "Subject to subsection (7A), on".
(6)After section 20E(7) of the Emergency Services Superannuation Act 1986 insert—
"(7A)Subject to any specified standards, if the contributor or police recruit has given the Board a notice in the form approved by the Board, the Board must pay the death benefit in respect of the contributor or police recruit that is payable under this section in accordance with the notice.".
8Amendment of section 20F—Disability of contributor or police recruit
After section 20F(22) of the Emergency Services Superannuation Act 1986 insert—
"(23)Despite anything to the contrary in this section, a former contributor or former police recruit may at any time within the period of 6 years from the date on which they ceased employment apply to the Board for the payment of a benefit under this section on the ground that they were suffering from disability at the time they ceased employment irrespective of whether the former contributor or former police recruit had made a statement under section 20K(1) at the time that they ceased employment.
(24)For the purposes of subsection (23), a reference in this section to the contributor terminating service is to be construed as a reference to the contributor ceasing employment.".
9Section 20N substituted—Nominated personal representatives
For section 20N of the Emergency Services Superannuation Act 1986 substitute—
"20N Nominated personal representatives
(1)A contributor may nominate any natural person as a nominated personal representative for the purposes of this Part.
(2)The nomination must be made in a manner determined by the Board.
(3)A contributor's—
(a)natural and adoptive parents; and
(b)siblings (whether or not they are related by blood to the contributor)—
are deemed to be a contributor's nominated personal representatives for the purposes of this Part.
(4)A nomination made under this section as in force before the commencement of section 9 of the Superannuation Legislation Amendment Act 2013 continues to have effect as if it were made under this section as in force after that commencement.".
10Amendment of section 20O—Death benefit when no dependants
(1)In section 20O(1) of the Emergency Services Superannuation Act 1986, after "Part" insert ", other than section 20E(7A),".
(2)In section 20O(2) of the Emergency Services Superannuation Act 1986, for "legal personal representatives" substitute "nominated personal representatives".
11Amendment of section 20P—Payment of benefits in case of multiple claimants
In section 20P(1) of the Emergency Services Superannuation Act 1986, for "If" substitute "Subject to section 20E(7A), if".
Division 2—Transfer of Parliamentary Contributory Superannuation Fund
12Amendment of section 3—Definitions
In section 3(1) of the Emergency Services Superannuation Act 1986—
(a)in the definition of eligible beneficiary after "this Act" insert "or Part 3 of the Parliamentary Salaries and Superannuation Act 1968";
(b)in the definition of Superannuation Act, after paragraph (a) insert—
"(ab)Part 3 of the Parliamentary Salaries and Superannuation Act 1968;";
(c)insert the following definition—
"Parliamentary Contributory Superannuation Fund means the Parliamentary Contributory Superannuation Fund established and kept under Part 3 of the Parliamentary Salaries and Superannuation Act 1968 and as in existence immediately before the commencement of section 12 of the Superannuation Legislation Amendment Act 2013;".
13Amendment of section 4—Application of Act
After section 4(9) of the Emergency Services Superannuation Act 1986 insert—
"(10)For the avoidance of doubt, despite the transfer of the Parliamentary Contributory Superannuation Fund, a member of the Parliament of Victoria who under Part 3 of the Parliamentary Salaries and Superannuation Act 1968 is entitled to be a member of the Scheme cannot become a member of the ESSPLAN Scheme.".
14New Part 4AC inserted
After Part 4AB of the Emergency Services Superannuation Act 1986 insert—
"Part 4AC—transfer of the parliamentary contributory superannuation fund and related matters
22DNDefinitions
In this Part—
commencement day means the day on which section 14 of the Superannuation Legislation Amendment Act 2013 comes into operation;
Parliamentary Trustee means the Parliamentary Trustee established under the Parliamentary Salaries and Superannuation Act 1968 as in force immediately before the commencement day;
specified date means the end of the day immediately before the commencement day.
22DOTransfer of assets and liabilities of the Parliamentary Contributory Superannuation Fund
(1)On the commencement day, the assets and liabilities of the Parliamentary Contributory Superannuation Fund are by virtue of this section transferred to the Scheme and form part of the Scheme.
(2)On and after the commencement day—
(a)deductions from the salaries of members and any other money received or recovered by the Board under Part 3 of the Parliamentary Salaries and Superannuation Act 1968 are to be paid into the Scheme;
(b)the benefits provided for in Part 3 of the Parliamentary Salaries and Superannuation Act 1968 are to be paid out of the Scheme;
(c)the costs of administering that Act are to be paid out of the Scheme.
(3)The transfer effected by this section does not affect the benefits and entitlements conferred or the duties and obligations imposed under Part 3 of the Parliamentary Salaries and Superannuation Act 1968.
22DPBoard is successor in law
(1)On the commencement day—
(a)the Board is the successor in law of the Parliamentary Trustee;
(b)the Parliamentary Trustee ceases to exist and the trustees go out of office.
(2)If, immediately before the commencement day, proceedings in respect of the Parliamentary Contributory Superannuation Fund to which the Parliamentary Trustee was a party were pending or existing in any court or tribunal, then, on and after that commencement, the Board is substituted for the Parliamentary Trustee as a party to the proceedings and has the same rights and obligations in the proceedings as the Parliamentary Trustee.
(3)If, immediately before the commencement day, proceedings in respect of which the Parliamentary Trustee was a party were pending or existing in any court or tribunal, then, on and after that commencement, the Board is substituted for the Parliamentary Trustee as a party to the proceedings and has the same rights and obligations in the proceedings as the Parliamentary Trustee.
(4)On and after the commencement day, any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the Parliamentary Trustee is to be construed as a reference to the Board, unless the contrary intention appears.
22DQExemption from stamp duty or other tax
No stamp duty or other tax is payable under any Act in respect of anything done under this Part.
22DRTransitional provision—Registrar of Titles
The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are necessary because of the operation of this Part.
22DSActuarial investigation
(1)The Board must appoint an actuary to make an actuarial investigation as to the state and sufficiency of the Parliamentary Contributory Superannuation Fund as at the specified date.
(2)The actuary must certify in the actuarial investigation the amount that is required to be paid to the Scheme in the financial years ending 30 June 2014 and 30 June 2015 in addition to the other assets and income of the Parliamentary Contributory Superannuation Fund to enable the liability for benefits provided for in Part 3 of the Parliamentary Salaries and Superannuation Act 1968 and the costs of administering that Act to be met.
(3)The Board must submit the actuary's report of the investigation to the Minister within the period of 6 months after the specified date.
(4)The Minister must cause the actuary's report submitted to the Minister under subsection (3) to be laid before the Legislative Council and the Legislative Assembly before the expiration of the seventh sitting day of the Legislative Council or the Legislative Assembly, as the case may be, after the actuary's report has been received by the Minister.
(5)The Treasurer may pay from the Consolidated Fund into the Scheme the amounts determined under subsection (2).
(6)The Consolidated Fund is to the necessary extent appropriated accordingly.
22DTScheme may be supplemented by Consolidated Fund
If the actuary certifies in an actuarial investigation under section 19 that the amount to the credit of the Scheme held in respect of the benefits provided for in Part 3 of the Parliamentary Salaries and Superannuation Act 1968 and the costs of administering that Act is insufficient to meet that liability, money may be applied out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) to meet the amount of that insufficiency as certified by the actuary.
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Part 3—Repeal of Spent Acts
15Repeals
(1)TheConstitution Act Amendment Act 1958 is repealed.
(2)The Parliamentary Contributory Superannuation Act 1962 is repealed.
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Part 4—Parliamentary Salaries and Superannuation Act 1968
16Consequential amendments
(1)In section 7A(6) of the Parliamentary Salaries and Superannuation Act 1968 for "Parliamentary Contributory Superannuation Fund" substitute "Scheme under Part 3".
(2)In section 7E(1)(a) of the Parliamentary Salaries and Superannuation Act 1968 for "to whom Division 3 or 4 of Part 3 applies" substitute "of the Scheme under Part 3".
(3)In the heading to Part 3 of the Parliamentary Salaries and Superannuation Act 1968 for "PARLIAMENTARY CONTRIBUTORY SUPERANNUATION FUND" substitute "THE SCHEME".
(4)In section 10(1) of the Parliamentary Salaries and Superannuation Act 1968 the definitions of Fund, secretary and trustee are repealed.
(5)In section 10(1) of the Parliamentary Salaries and Superannuation Act 1968 insert the following definitions—
"Board means the Emergency Services Superannuation Board established under section 5 of the Emergency Services Superannuation Act 1986;
Scheme means the Scheme established under section 15 of the Emergency Services Superannuation Act 1986;".
(6)In section 10(1) of the Parliamentary Salaries and Superannuation Act 1968, in the definition of net earning rate for "Fund" (wherever occurring) substitute "Scheme".
(7)In sections 10, 10A, 10B, 17, 18, 18AA, 18A, 18B, 21A, 21B, 21C, 21CB, 21CC, 21CD, 21CE, 21CG, 23, 23A, 24, 24A, 24B, 24C, 24D, 24E and 24F of the Parliamentary Salaries and Superannuation Act 1968 for "Parliamentary Trustee" (wherever occurring) substitute "Board".
(8)Sections 11, 11A, 11B, 11C, 12 and 13 of the Parliamentary Salaries and Superannuation Act 1968 are repealed.
(9)In sections 15(1A), 18B(2), 21B, 21CC(3), (4), 21CE, 23(1), (2), 24A and 24D(1) of the Parliamentary Salaries and Superannuation Act 1968 for "Fund" (wherever occurring) substitute "Scheme".
(10)In the heading to section 18AA of the Parliamentary Salaries and Superannuation Act 1968 for "Parliamentary Trustee's" substitute "Board's".
(11)In section 21CA of the Parliamentary Salaries and Superannuation Act 1968, in the definition of value of the member spouse's interest in the Fund for "Fund" substitute "Scheme".
(12)Insert the following heading to section 24A of the Parliamentary Salaries and Superannuation Act 1968—
"Money owing to the Scheme".
(13)Insert the following heading to section 24B of the Parliamentary Salaries and Superannuation Act 1968—
"Person may request Board to reconsider decision".
(14)In sections 24B(5) and 24D(4) of the Parliamentary Salaries and Superannuation Act 1968 for "Parliamentary Trustee's" substitute "Board's".
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Part 5—State Employees Retirement Benefits Act 1979
17Amendment of section 39—Amount of lump sum and pension on retirement
(1)In section 39(1) of the State Employees Retirement Benefits Act 1979, for "and (3)" substitute ", (2A) and (3)".
(2)For section 39(2) of the State Employees Retirement Benefits Act 1979 substitute—
"(2)Benefits payable to a member who retires after the age of 75 years are to be calculated as though the member had retired on their 75th birthday, but interest is payable on the lump sum from the date of their 75th birthday until the date of the member's retirement at a rate determined actuarially.
(2A)Benefits payable to a member who retires after the permitted contributions age are to be calculated as though the member had retired on the date they attained the permitted contributions age, but interest is payable on the lump sum from the date they attained the permitted contributions age until the date of the member's retirement at a rate determined actuarially.
(2B)In subsection (2A), permitted contributions age means the age up to which Commonwealth superannuation law permits contributions to be made on behalf of a member.".
18Amendment of section 53—Disability benefits
At the end of section 53 of the State Employees Retirement Benefits Act 1979 insert—
"(2)A member who ceases employment after the commencement of section 18 of the Superannuation Legislation Amendment Act 2013 may at any time within the period of 6 years from the date on which they cease employment apply to the Board for the payment of disability benefits in accordance with this Part.".
19Amendment of section 54—Board to make determination as to entitlement to disability benefits
In section 54(1) of the State Employees Retirement Benefits Act 1979 after "grounds of disability" insert "or under section 53(2),".
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Part 6—State Superannuation Act 1988
20Amendment of section 34—Pension entitlement on retirement through disability
After section 34(7) of the State Superannuation Act 1988 insert—
"(8)A revised scheme member who ceases employment after the commencement of section 20 of the Superannuation Legislation Amendment Act 2013 may at any time within the period of 6 years from the date on which they cease employment apply to the Board for the payment of a pension in accordance with this section.
(9)For the purposes of subsection (8), a reference in this section to the retirement of the revised scheme member is to be construed as a reference to the revised scheme member ceasing employment.".
21Amendment of section 53—Benefit on death of new scheme member before retirement
(1)In section 53(3) of the State Superannuation Act 1988, for "On" substitute "Unless subsection (8A) applies, on".
(2)In section 53(4) of the State Superannuation Act 1988, for "Subject" substitute "Unless subsection (8A) applies, subject".
(3)In section 53(4A) of the State Superannuation Act 1988, for "On" substitute "Unless subsection (8A) applies, on".
(4)In section 53(5) of the State Superannuation Act 1988, for "On" substitute "Unless subsection (8A) applies, on".
(5)In section 53(5A) of the State Superannuation Act 1988, for "If" substitute "Unless subsection (8A) applies, if".
(6)In section 53(6) of the State Superannuation Act 1988, for "On" substitute "Unless subsection (8A) applies, on".
(7)In section 53(7) of the State Superannuation Act 1988, for "If" substitute "Unless subsection (8A) applies, if".
(8)In section 53(8) of the State Superannuation Act 1988, for "The" substitute "Subject to subsection (8A), the".
(9)After section 53(8) of the State Superannuation Act 1988 insert—
"(8A)Subject to any specified standards, if the new scheme member has given the Board a notice in the form approved by the Board, the Board must pay the death benefit in respect of the new scheme member that is payable under this section in accordance with the notice.".
22Amendment of section 54—Benefit on retirement through disability
After section 54(4) of the State Superannuation Act 1988 insert—
"(5)A new scheme member who ceases employment after the commencement of section 22 of the Superannuation Legislation Amendment Act 2013 may at any time within the period of 6 years from the date on which they cease employment apply to the Board for the payment of a pension in accordance with this section.
(6)For the purposes of subsection (5), a reference in this section to the retirement of the new scheme member is to be construed as a reference to the new scheme member ceasing employment.".
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Part 7—Transport Superannuation Act 1988
23Amendment of section 30—Benefit on death before retirement
(1)In section 30(1) of the Transport Superannuation Act 1988, for "On" substitute "Unless subsection (5A) applies, on".
(2)In section 30(2) of the Transport Superannuation Act 1988, for "On" substitute "Unless subsection (5A) applies, on".
(3)In section 30(2A) of the Transport Superannuation Act 1988, for "If" substitute "Unless subsection (5A) applies, if".
(4)In section 30(3) of the Transport Superannuation Act 1988, for "If" substitute "Unless subsection (5A) applies, if".
(5)In section 30(5) of the Transport Superannuation Act 1988, for "The" substitute "Subject to subsection (5A), the".
(6)After section 30(5) of the Transport Superannuation Act 1988 insert—
"(5A)Subject to any specified standards, if the member has given the Board a notice in the form approved by the Board, the Board must pay the death benefit in respect of the member that is payable under this section in accordance with the notice.".
24Amendment of section 31—Benefit on retirement through disability
After section 31(5) of the Transport Superannuation Act 1988 insert—
"(6)A person who ceases employment after the commencement of section 24 of the Superannuation Legislation Amendment Act 2013 may at any time within the period of 6 years from the date on which they cease employment apply to the Board for the payment of a benefit under this section.
(7)For the purposes of subsection (6), a reference in this section to the retirement of the person is to be construed as a reference to the person ceasing employment.".
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Part 8—Repeal of Amending Act
25Repeal of amending Act
This Act is repealed on 1 July 2015.
Note
The repeal of this Act does not affect the continuing operation of the amendments or repeals made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 21 August 2013
Legislative Council: 19 September 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the Emergency Services Superannuation Act 1986, the Parliamentary Salaries and Superannuation Act 1968, the State Employees Retirement Benefits Act 1979, the State Superannuation Act 1988 and the Transport Superannuation Act 1988, to repeal The Constitution Act Amendment Act 1958 and the Parliamentary Contributory Superannuation Act 1962 and for other purposes."
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