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Legislation of the Anglican Church in Victoria |
(Replacing the Acts referred to in the Schedule to this Act)
Act No. 2, 1974
AN ACT
TO PROVIDE SUPERANNUATION AND OTHER BENEFITS
FOR CLERGYMEN LAY OFFICERS OF THE DIOCESE AND THEIR DEPENDENTS.
Amended No. 1, 1977
Amended No. 4, 1987
Amended No. 2, 1988
Amended No. 2,
1989
Amended No. 6, 1993
WHEREAS a Fund known as the Australian
Clergy Provident Fund was established by Determination VII 1905 of the General
Synod of the
Dioceses of the Church of England in Australia and Tasmania which
Determination was subsequently accepted by the Synod of the Diocese
of
Wangaratta
AND WHEREAS the provisions governing the said Fund were
amended and consolidated by the Australian Clergy Provident Fund Canon 1973
of
the General Synod of the Church of England in Australia which Canon was
subsequently adopted by the Synod of the Diocese of Wangaratta
AND
WHEREAS a Fund known as the Clergy Benefits Fund to make additional provision
for clergymen and their dependents on resignation
retirement or death was
established by the Diocesan Clergy Benefits Act 1945-1970 of the Synod of the
Diocese of Wangaratta
AND WHEREAS provision was made for lay officers of
the Diocese to participate in the said Clergy Benefits Fund by the Lay Officers
Superannuation Act 1960 of the Synod of the Diocese of Wangaratta
AND
WHEREAS a Fund known as the Sydney Diocesan Superannuation Fund was
established by the Sydney Superannuation Fund Amended Ordinance
1961-1970 of the
Synod of the Diocese of Sydney
AND WHEREAS it is expedient to make
provision for clergymen and lay officers of the Diocese of Wangaratta to
participate in the Sydney
Diocesan Superannuation Fund and to consolidate and
amend provisions governing superannuation and retirement benefits.
BE it
enacted by the Bishop the Clergy and the Laity of the Church of England in
Australia within the Diocese of Wangaratta duly
met in Synod according to law as
follows:-
Short Title
Amended:
No. 1, 1977
No. 8, 1987
No. 2,
1988
No. 2, 1989
No. 6, 1993
1. This Act may be cited as "The
Superannuation Act 1974-1993
Repeal
2. The Acts cited in the Schedule hereto shall be repealed except as to any operation already effected by or act done under the same or as to any right title obligation or liability already acquired or accrued thereunder.
Commencement
3. This Act shall come into effect on a date to be declared by the Bishop in Council.
4. In this Act unless inconsistent with the
context or subject matter:
Definitions
Amended:
No. 1, 1977
No. 2,
1989
No. 6, 1993
"Contributor" means the Bishop each bishop and clergyman licensed in the Diocese and each lay officer who has received the approval of the Bishop in Council to participate in the Superannuation Fund.
"Managing Body" means the Bishop in Council Parish Council or Committee of Management which wholly or proportionately as the case may be pays the stipend salary or wages of the contributor.
"Minimum rate of stipend" means the standard minimum rate of stipend determined from time to time by the Bishop in Council to be paid to the Bishop any bishop licensed in the Diocese and each class of clergyman licensed in the Diocese.
"Lay Officer" means a full time employee of the Church in the Diocese.
"Clergy Benefits Fund" means the fund of that name established by the Diocesan Clergy Benefits Act 1945-1970.
"Total and permanent disablement" in relation to a contributor means
(a) Suffering the loss of two limbs or the sight of both eyes or the loss of one limb and the sight of one eye (where limb is defined as the whole hand or the whole foot) or,
(b) Having been unable to attend to any part of his normal duties as a result of injury or illness for six consecutive months and in the opinion of the Bishop in Council after consideration of medical evidence, having become incapacitated to such an extent as to render the contributor unlikely ever to resume his duties or attend to any gainful profession or occupation.
"Effective retirement" or "effectively retire" as the case may be refers to the time when the contributor ceases regularly to follow his professional occupation for profit and reward.
The Fund
5. There shall be established a Superannuation Fund (hereinafter referred to as "the Fund") into which contributions shall be paid. The Fund shall be controlled and administered by the Bishop in Council.
Contributors
Amended:
No. 2, 1989
No.
6, 1993
6. The Bishop and any bishop licensed in the Diocese and all clergymen licensed in the Diocese each for full time ministry and such lay officers and other clergymen as shall apply and have their applications approved by the Bishop in Council shall be contributors to the Fund Provided that the Bishop in Council may on the application of a contributor exempt him either wholly or in part from his obligations as a contributor other than such obligations as he may have as a member of the Australian Clergy Provident Fund.
Contributions
Amended:
No.
1, 1977
No. 2, 1989
No. 6, 1993
7. Into the Fund for and in the name of each contributor shall be paid in monthly instalments -
(a) By each contributor an amount equal to seven and one half percentum of his stipend (as paid by the Ministry Fund) salary or wage as the case may be; notwithstanding this provision a contributor who by notice in writing addressed to the Managing Body has elected to his or her stipend salary or wage being reduced by seven and one half percentum shall be exempt from the payment of this amount. At any time subsequent to exemption hereunder the contributor by notice in writing addressed to the Managing Body may elect to cease to be exempt from the payment of seven and one half percentum of his or her stipend salary or wage and thereupon such contributor shall be liable to pay the monthly instalments payable as if no exemption had been granted;
(b) By the managing body (and proportionally should there be more than one managing body involved) an amount equal to the amount paid by the contributor Provided that in the case of a clergyman receiving less than the minimum rate of stipend the Bishop in Council may determine that an amount equal to seven and one half per centum of the minimum rate of stipend shall be contributed by each managing body. And Further Provided that where the contributor is exempted under Sub-Section (a) of this Section the amount to be paid into the Fund by the Managing Body shall be fifteen percentum of the amount of the stipend salary or wage of the contributor or of the minimum rate of stipend whichever is the less. And Further Provided that where the exempt contributor ceases to be exempted under Sub-Section (a) of this Section from the payment of seven and one half per-centum of his or her stipend salary or wage the amount then to be paid into the Fund by the Managing Body shall be the amount payable hereunder had there been no exemption.
Age limit on payment of
contributions
8. Contributions shall be payable in respect of each
contributor:-
(a) Until he attains the age of 65 years or
(b) If he be a member of the Australian Clergy Provident Fund or other clergy provident fund until he attains such higher age as shall entitle him to receive retirement benefits by the terms of his membership of such fund or
(c) In the event or prior retirement until such prior retirement.
When contributions
payable
Amended:
No. 1, 1977
No. 2, 1989
No. 6,
1993
Operative date
for stipend
9. Each contributor shall pay his monthly contribution on or before the last day of each month Provided that should a contributor unless exempt under Section 7 hereof fail to pay his instalment as aforesaid the contribution from the managing body in his name shall not be paid And Further Provided that at the discretion of the Bishop in Council an extension of time for payment by the contributor may be granted and on such payment being made the contribution from the managing body shall then be paid.
or salary
10. For the purposes of this Act the stipend or salary shall be that operative on the first day of January and July in each year.
Additional
Contributions
Amended:
No. 1, 1977
No. 6, 1993
11. Subject to any limitation which the law presently imposes or shall impose a contributor may pay into the Fund if not exempt under Section 7 an amount additional to that which he or she is liable to pay under that Section or if exempt under that Section such amount which he or she elects to pay provided that in either event such amount will not be subject to the payment into the Fund by the Managing Body of a like amount.
Agreement with Sydney Diocesan Superannuation Fund
Amended:
No. 1,
1977
12. The Bishop in Council is authorised to enter into an agreement with the Board of the Sydney Diocesan Superannuation Fund setting out the conditions under which benefits may be secured in the said Sydney Diocesan Superannuation Fund on behalf of each contributor such benefits to include insurance payable on death or on total or permanent disablement and is further authorised from time to time to vary the agreement.
Payments out
of Fund
Amended:
No. 4, 1987
No. 2,
1988
13. From the Fund there shall be paid on behalf of each
contributor:-
(a) His contribution to the Australian Clergy Provident Fund or in such other Fund as may be approved by the Bishop in Council or subject to the approval of the Bishop in Council to the provident fund of any other diocese.
(b) His premium or contribution to such personal life assurance policy or superannuation fund as may be approved in each separate instance by the Bishop in Council.
(c) An amount to be invested in his name in the Sydney Diocesan Superannuation Fund being the balance standing to his credit in the Fund.
Credits in Clergy Benefits Fund
14. The amount standing to the credit of each clergyman in the Clergy Benefits Fund at the commencement of this Act:-
(a) Shall in respect of a clergyman licensed in the Diocese be transferred to his credit in the Fund and be used to secure benefits in his name in the Sydney Diocesan Superannuation Fund.
(b) Shall in respect of a clergyman not licensed in the Diocese be paid to him.
Special Cases Fund
Amended:
No.
1, 1977
15. To meet the requirements of special cases:-
(a) The amount in the Clergy Benefits Fund set aside to meet the requirements of special cases at the commencement of this Act shall be transferred to the Fund.
(b) The Bishop in Council may pay annually into the Fund from diocesan funds an amount being not more than one-fifth of the total amount paid to the Fund by each managing body as provided in sub-section (b) of Section 7 of this Act.
Payment out from Special Cases
Fund
Amended:
No. 1, 1977
16. The amount in the Fund to meet the requirements of special cases may by invested with the Sydney Diocesan Superannuation Fund or otherwise and the whole or any part of it with interest thereon may be distributed as the Bishop in Council shall see fit for the benefit of a contributor on his resignation or retirement or upon the death of a contributor for the benefit of his family.
Election by Contributor
Amended:
No. 2, 1988
17. A contributor may in writing at any time elect that if he dies before receiving the benefits accruing to him from the investment of money in his name in the Sydney Diocesan Superannuation Fund or in such other approved fund such benefits (hereinafter referred to as his "entitlement"):-
(a) Shall be paid to his legal personal representatives or
(b) Shall be paid to such one or more of his widow and children and remoter issue as he shall have elected
or in default of such election his entitlement shall be paid to such one or more of his dependents as the Bishop in Council shall determine or to his legal personal representatives.
Application of
entitlement
Amended:
No. 6, 1993
18. The entitlement of a contributor
shall be applied as follows:-
(a) In the event of the death of a contributor as referred to in Section 17 hereof his entitlement shall be paid as soon as possible after his death in accordance with the election made pursuant to that Section.
(b) In the event of the attainment or the age of 65 years by a contributor and upon his effective retirement his entitlement shall be paid to him or shall at his request be held for a further period or periods at interest at the conclusion of which it shall be paid.
(c) In the event of the total and permanent disablement of a contributor who has not attained the age of 65 years an amount equivalent to the death benefit on the date of commencement of total and permanent disablement shall be payable to him. Such payment or payments when made shall be deemed to be in lieu of and in substitution for all moneys payable under sub-section (a) hereof and all retirement and other benefits payable under the provisions of this Act.
(d) If upon the attainment of the age of 65 years the contributor does not effectively retire his entitlement shall be held at interest until his effective retirement does take place when it shall be paid.
(e) In the event of a contributor effectively retiring prior to the attainment of the age of 65 years his entitlement shall be payable in such a manner as the Bishop in Council may determine after consultation with the member or shall be retained in the Fund at interest until such time as the member attains the age of 65 years when Section 17(b) hereof shall become effective.
(f) In the event of a contributor being the Bishop translating to another Diocese or being a bishop or a clergyman moving to a licensed office in another diocese or in the event of a contributor taking up an appointment outside the Diocese in a full-time capacity in the service of the Anglican Church of Australia his entitlement may remain in the Fund at interest or be transferred in his name and for his benefit to another fund serving a similar purpose to the Fund.
(g) In the event of a contributor resigning from service in a full-time capacity in the Anglican Church of Australia before attaining the age of 65 years, he shall be entitled to an amount equal to the contributor's personal contributions together with compound interest calculated at a rate of 4% per annum or such greater amount not exceeding the contributor's entitlement as the Bishop in Council in its absolute discretion shall determine. Any part of a contributor's entitlement not paid to the contributor on the termination of his service pursuant to this section shall be credited to the account established pursuant to Section 15 of this Act.
(h) Notwithstanding the provisions of the foregoing sub-sections of this Section any amounts payable from the Fund in respect of any contributor shall be applied to discharge or towards the discharge of any indebtedness to the Fund of that contributor.
The decision of the Bishop in Council as to whether a contributor has
effectively retired shall be final conclusive and binding on
the
contributor.
19. In this Act words importing the masculine gender shall
include the feminine.
20. Notwithstanding the provisions of Section 8 and 18 of this Act the figures "65" wherever occurring in such Sections shall be read and construed as "60" in all cases applicable to female contributors.
SCHEDULE
No. of Act Title of Act
No. 1, 1945}
No. 1, 1958} Diocesan Clergy Benefits Act 1945 - 1970
No. 4, 1970}
No. 1, 1960 Lay Officers Superannuation Act, 1960.
Passed: 5th August,
1974
Assented to: 19th August, 1974
Amended by Act No. 1,
1977
Passed: 26th September 1977
Assented to: 10th October
1977
Amended by Act No. 4, 1987
Passed: 12th September 1987
Assented to: 14th September 1987
Amended by Act No. 2,
1988
Passed: 8th October 1988
Assented to: 10th october
1988
Amended by Act No. 2, 1989
Passed: 9th September
1989
Assented to: 14th September 1989
Amended by Act No. 6, 1993
Passed: 26th August 1993
Assented to: 15th September 1993
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