2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Treasurer)

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

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

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

This Act commences on the day after its notification day.

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

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

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

(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.

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.

Note Elected—see the dictionary.

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.

this Act

this chapter

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.

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.

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

(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.

the member has been a contributing member

in the member’s relevant period of service

this Act

this chapter

(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.

(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.

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.

Note Elected—see the dictionary.

(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.

(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.

The Executive may make regulations for this Act.

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

(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.

This chapter expires 1 year after the day it commences.

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

Note 2 For 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.

his or her

the person’s

his or her

the member’s

he or she

the member

his or her

the person’s

his or her

the member’s

Presentation speech made in the Legislative Assembly on 2008.

Notified under the Legislation Act on 2008.

For the latest republication of amended laws, see www.legislation.act.gov.au.