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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
Superannuation Acts (Further Amendment) Act
1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 2
PART 2--AMENDMENT OF THE COAL MINES (PENSIONS)
ACT 1958 3
3. Repeal of provisions relating to Tribunal 3
100A. Administration of this Part 3
4. New section 115A inserted 3
115A. Commutation of pension entitlement 3
5. Consequential amendments 4
PART 3--AMENDMENT OF EMERGENCY SERVICES
SUPERANNUATION ACT 1986 5
6. Amendment of section 3 5
7. Amendment of section 4 10
8. Amendment of section 7 13
9. Actuarial reviews 13
10. New sections inserted 13
20A. Contributions 13
20B. Membership 15
20C. Accrued benefits 17
20D. Retirement of contributor 19
20E. Death of contributor or police recruit 19
20F. Disability of contributor or police recruit 22
20G. Temporary pension for illness or injury 28
20H. Termination due to ill health 29
20I. Indexation of pensions 30
20J. Retrenchment of contributor 32
20K. Other termination of service of contributor 32
20L. Restriction of death and disability benefits 33
20M. Optional contributions during leave of absence 35
20N. Legal personal representatives 36
20O. Death benefit when no dependants 36
20P. Payment of benefits in case of multiple claimants 37
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20Q. Separate employer accounts 37
20R. Remittance of contributions 39
20S. Minimum Requisite Benefit 40
11. New Part inserted 40
PART 3A--ESSPLAN SCHEME 40
21. Definitions 40
21A. ESSPLAN Scheme 42
21B. Membership of ESSPLAN 42
21C. Employer contributions 45
21D. Member's contributions for ESSPLAN 46
21E. Amount and payment of benefits under ESSPLAN 47
21F. Disability and death cover under ESSPLAN 48
21G. Disability and death insurance under ESSPLAN 51
21H. Amount and payment of disability or death benefits 51
21I. Member's accounts for ESSPLAN 52
21J. Beneficiaries Accounts 53
21K. Investment funds 55
21L. Net earning rate 56
21M. Transfer of preserved benefit 56
21N. Transfer to or from new scheme 57
21O. Transfer of benefits to other fund 57
12. New section 23A inserted 58
23A. Application for disability benefit 58
13. Amendment of section 26 58
14. New section 26A inserted 58
26A. Early release of benefits 58
15. Section 27 substituted 59
27. Money owing to the Scheme 59
16. New section 28A inserted 59
28A. Payment of benefits if person is incapable 60
17. Amendment of section 29 60
18. Amendment of section 29A 61
19. Amendment of regulation-making powers 62
20. Consequential amendments 62
21. Revocation of regulations 64
PART 4--AMENDMENT OF HOSPITALS SUPERANNUATION
ACT 1988 66
22. Amendment of section 3 66
23. Repeal of section 18 68
24. Amendment of section 23 68
25. New Part inserted 68
PART 4A--OLD SCHEME 68
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25A. Definitions 68
25B. Medical classifications for old scheme contributors 73
25C. Benefits payable in accordance with transitional medical
classifications 74
25D. Accrued retirement benefits for old scheme contributors
to whom section 31 applies 75
25E. Additional benefits for contributory service before 1 July
1988 75
25F. Retirement benefit option 76
25G. Disability benefit option 79
25H. Death benefits option 81
25I. Minimum death and disability benefit 84
25J. Retrenchment benefit option 84
25K. Deferred resignation benefit option 85
25L. Options for contributors who are paying at 3·5% or 6% 85
25M. Additional death and disability benefits 86
25N. Death of a pensioner 86
25O. Death of a former contributor entitled to outstanding
instalment of disability lump sum benefit 88
25P. No entitlement to multiple pensions 88
25Q. Death of spouse pensioner 91
25R. Maximum lump sum benefit payable 92
25S. Children's allowances 93
25T. Commutation of pensions 94
25U. Reduction of pensions 95
25V. Payment of deferred benefits 96
25W. Benefits for supplementary contributions 98
25X. Application of the Act to pensions, allowances and
deferred benefits under previous Act and previous
Regulations 99
26. Delegation of powers 99
27. New section 42A inserted 100
42A. Member on leave of absence 100
28. New sections 43A-43D inserted 101
43A. Health impairments 101
43B. Benefits payable to a contributor issued with a medical
classification certificate 103
43C. Ongoing medical examinations 104
43D. Fees for medical reviews 105
29. New section 51B inserted 105
51B. Early release of benefits 105
30. New sections 56B and 56C inserted 105
56B. Payment of contributions 105
56C. Mode of election 106
31. Amendment of section 58B 106
32. Consequential amendments 107
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33. Consequential amendments 107
34. Revocation of regulations 108
PART 5--AMENDMENT OF LOCAL AUTHORITIES
SUPERANNUATION ACT 1988 109
35. Amendment of section 3 109
36. Amendment of section 23 110
37. New section 34A inserted 110
34A. Temporary benefit 110
38. Amendment of section 36 112
39. Delegation of power 113
40. New section 50B inserted 114
50B. Early release of benefits 114
41. Amendment of section 50D 114
PART 6--AMENDMENT OF PARLIAMENTARY SALARIES
AND SUPERANNUATION ACT 1968 116
42. Amendment of sections 12 and 13 116
43. Amendment of section 21C 117
44. New section 23A inserted 119
23A. Early release of benefits 119
45. Amendment of section 24C 119
PART 7--AMENDMENT OF PORT OF GEELONG AUTHORITY
ACT 1958 121
46. New section 12A inserted 121
12A. Closure of PGASF 121
47. Repeal of section 13 122
PART 8--AMENDMENT OF PUBLIC SECTOR
SUPERANNUATION (ADMINISTRATION) ACT 1993 123
48. Power of delegation 123
49. New section 42A inserted 123
42A. Early release of benefits 123
50. Amendment of section 53 123
51. Amendment of section 68A 124
PART 9--AMENDMENT OF STATE EMPLOYEES
RETIREMENT BENEFITS ACT 1979 125
52. Amendment of section 18 125
53. Amendment of section 54 125
54. Amendment of section 60 125
55. Section 65A repealed 126
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56. New section 68 inserted 126
68. Early release of benefits 126
57. Amendment of section 73 126
PART 10--AMENDMENT OF STATE SUPERANNUATION ACT
1988 128
58. Amendment of definitions 128
59. Amendment of sections 16 and 16A 128
60. Amendment of section 23 128
61. Amendment of section 37 128
62. Amendment of section 47 129
63. New section 71A inserted 129
71A. Early release of benefits 129
64. Amendment of section 90A 129
65. Amendment of section 92A 129
66. New section 99 inserted 130
99. Transfer of members under section 4(1BA) of ESSA 130
67. Consequential amendments 131
PART 11--AMENDMENT OF SUPERANNUATION
(PORTABILITY) ACT 1989 132
68. Amendment of section 5 132
69. Amendment of section 7 132
70. Amendment of section 10 132
PART 12--AMENDMENT OF TRANSPORT SUPERANNUATION
ACT 1988 134
71. Amendment of definition 134
72. Amendment of section 22 134
73. Amendment of section 31 134
74. Section 44D substituted 135
44D. Early release of benefits 135
75. Amendment of section 53 135
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PART 13--MISCELLANEOUS 136
76. New section 27A inserted into Equal Opportunity Act 1995 136
27A. Exception--early retirement schemes 136
77. Port of Melbourne Authority (Superannuation) Regulations
1989 136
78. Statute law revision 136
79. Repeals 137
NOTES 138
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A BILL
to amend the Coal Mines (Pensions) Act 1958, the Emergency
Services Superannuation Act 1986, the Hospitals Superannuation
Act 1988, the Local Authorities Superannuation Act 1988, the Port
of Geelong Authority Act 1958, the Parliamentary Salaries and
Superannuation Act 1968, the Public Sector Superannuation
(Administration) Act 1993, the State Employees Retirement
Benefits Act 1979, the State Superannuation Act 1988, the
Superannuation (Portability) Act 1989 and the Transport
Superannuation Act 1988 and for other purposes.
Superannuation Acts (Further
Amendment) Act 1996
The Parliament of Victoria enacts as follows:
531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
1
Superannuation Acts (Further Amendment) Act 1996
s. 1
Act No.
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend certain
specified Superannuation Acts to further
rationalise the administration of public sector
5
superannuation schemes and to make
superannuation related amendments to certain
other Acts and regulations.
2. Commencement
(1) Subject to this section, this Act comes into
10
operation on the day on which it receives the
Royal Assent.
(2) Sections 42 and 78 are deemed to have come into
operation on 18 June 1996.
(3) Section 43 is deemed to have come into operation
15
on 2 July 1996.
(4) Sections 3 to 34, 38 to 41, 44, 48 to 67 and 71 to
75 come into operation on 1 January 1997.
(5) Sections 35(2) and 37 come into operation on 1
March 1997.
20
_______________
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Superannuation Acts (Further Amendment) Act 1996
s. 3 Act No.
PART 2--AMENDMENT OF THE COAL MINES (PENSIONS)
ACT 1958
3. Repeal of provisions relating to Tribunal
(1) In the Coal Mines (Pensions) Act 1958--
(a) Division 3 of Part III is repealed;
5
(b) sections 121, 123, 124, 126, 129 and 131 are
repealed.
(2) Before section 101 of the Coal Mines (Pensions)
Act 1958 insert--
"100A. Administration of this Part
10
(1) This Part is to be administered by the Board
which administers a public sector
superannuation scheme and is appointed by
the Minister by notice published in the
Government Gazette to be the administrator
15
of this Part.
(2) A reference in this Part to--
(a) the Pensions Tribunal or the Tribunal is
to be construed as a reference to the
Board; and
20
(b) the Chairman of the Tribunal is to be
construed as a reference to the
President or Chairperson of the Board,
as the case may be.".
4. New section 115A inserted
25
After section 115 of the Coal Mines (Pensions)
Act 1958 insert--
"115A. Commutation of pension entitlement
(1) A person receiving a pension under this Part
may elect in writing to the Board to convert
30
his or her pension entitlement to a lump sum.
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Superannuation Acts (Further Amendment) Act 1996
s. 5
Act No.
(2) The amount of the lump sum payment is to
be determined by the Board on the advice of
an actuary.".
5. Consequential amendments
Sections 101, 102, 108, 109, 111, 114, 115 and
5
132 of the Coal Mines (Pensions) Act 1958 are
repealed.
_______________
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4
Superannuation Acts (Further Amendment) Act 1996
s. 6 Act No.
PART 3--AMENDMENT OF EMERGENCY SERVICES
SUPERANNUATION ACT 1986
6. Amendment of section 3
(1) In section 3 of the Emergency Services
Superannuation Act 1986 insert the following
5
definitions--
' "adjusted total contributions" means the sum
of--
(a) the total contributions (other than
optional contributions under section
10
20M made after 31 December 1987)
which would have been made by a
contributor under the Scheme if the
salary of the contributor had always
been equal to the salary of the
15
contributor at the date of termination of
service; and
(b) a percentage of salary at the date of
termination of service of the contributor
determined by the Board having regard
20
to the period of membership and
contributions under a prior fund and
any benefits paid to the contributor
from a prior fund; and
(c) a percentage of salary at the date of
25
termination of service of the contributor
determined by the Board having regard
to any money or other assets transferred
from an approved superannuation
arrangement;
30
"consumer price index" means the all groups
consumer price index number for all Capital
Cities published by the Commonwealth
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Superannuation Acts (Further Amendment) Act 1996
s. 6
Act No.
Statistician in respect of the June and
December quarter for each year;
"current equivalent of salary on termination of
service" means the salary that the Board
determines, having regard to increases in
5
salary that have occurred since the
termination of service of the former
contributor or former police recruit, as being
equivalent to the salary that was payable to
the contributor or police recruit immediately
10
prior to termination of service;
"dependant" means in relation to a deceased
contributor or former contributor or member
or former member or police recruit or former
police recruit--
15
(a) the spouse or any child of the
contributor or former contributor or
member or former member or police
recruit or former police recruit; or
(b) any other person who in the opinion of
20
the Board was at the date of death of
the contributor or former contributor or
member or former member or police
recruit or former police recruit, wholly
or partially dependent on the
25
contributor or former contributor or
member or former member or police
recruit or former police recruit or who
at that date had a legal right to look to
the contributor or former contributor or
30
member or former member or police
recruit or former police recruit for
financial support;
"ill health" means a continuous or recurring
impairment of the health of a contributor
35
which is due to a physical or mental
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Superannuation Acts (Further Amendment) Act 1996
s. 6 Act No.
incapacity, bodily injury, illness or disease,
which in the opinion of the Board--
(a) is not a disability; and
(b) is likely to be adversely affected if the
contributor remains in his or her
5
employment or returns to employment
with an employer; and
(c) does not preclude the contributor from
seeking alternative employment; and
(d) has not been incurred or inflicted for
10
the purpose of obtaining a benefit;
"nominee" means in relation to a deceased
contributor or former contributor--
(a) any person nominated by the
contributor as a legal personal
15
representative under section 20N(1); or
(b) any person deemed to be a contributor's
legal personal representative under
section 20N(3);
"operational staff member" means a contributor
20
who is or has been during any period of
service in respect of which benefits may
become payable under the Scheme--
(a) a member of the Victoria Police who
has taken and subscribed an oath under
25
section 13 of the Police Regulation
Act 1958 and in respect of whom the
Chief Commissioner of Police has
certified in writing to the Board that the
member has completed a course which
30
enables him or her to undertake general
duties as a member of the Victoria
Police;
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Superannuation Acts (Further Amendment) Act 1996
s. 6
Act No.
(b) an employee of the Department of
Natural Resources and Environment;
(c) any employee within the meaning of
paragraphs (c), (d) and (f) of the
definition of "employee" who is
5
declared or is within a class of persons
which are declared for the purposes of
this Act by the Minister by notice
published in the Government Gazette
and is designated by an employer as an
10
operational staff member;
(d) any other employee (other than an
employee within the meaning of
paragraphs (a), (ba), (e) and (g) of the
definition of "employee") who is
15
designated by an employer as an
operational staff member and who is
approved as such by the Board;
"part-time contributor" means a contributor
employed on a permanent basis which
20
requires less than full-time service;
"prior fund" means--
(a) the Superannuation Fund operated
under the Superannuation Act 1958;
or
25
(b) the Police Pensions Fund operated
under the Police Regulation Act 1958;
or
(c) the Metropolitan Fire Brigades
Superannuation Fund operated under
30
the Metropolitan Fire Brigades
Superannuation Act 1976; or
(d) the Hospitals Superannuation Fund
operated under the Hospitals
Superannuation Act 1965; or
35
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Superannuation Acts (Further Amendment) Act 1996
s. 6 Act No.
(e) the State Superannuation Fund operated
under the State Superannuation Act
1988;
"retrenchment" means the termination of
employment or service of a contributor who
5
has not attained the minimum age for
retirement and in respect of whom the
employer certifies in writing to the Board
that the contributor has been retrenched for
the purposes of this Act;
10
"salary" means--
(a) the amount, computed as determined by
the Board, of the annual rate of
remuneration for the time being
payable periodically and regularly to a
15
contributor or a police recruit by an
employer excluding any expense of
office or uniform allowance,
reimbursement of travelling or other
incidental expenses and all other
20
allowances which would not ordinarily
be payable in respect of every pay
period in a year of employment or
during the training of the police recruit;
or
25
(b) in the case of a contributor who is
engaged under a contract of
employment, "salary" means the
salary for superannuation purposes
specified from time to time in that
30
person's contract of employment,
notified in
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Superannuation Acts (Further Amendment) Act 1996
s. 7
Act No.
writing by that contributor's employer
to the Board and which is approved by
the Board;
"spouse" means in relation to a person--
(a) that person's husband, wife, widower or
5
widow; or
(b) a person of the opposite sex who,
though not legally married to the first
mentioned person, in the opinion of the
Board lives or lived with the first
10
mentioned person as at the relevant
date (being, in the case of a deceased
person, the date of death) on a bona
fide domestic basis as the husband or
wife of the first mentioned person;
15
"termination of service" means the cessation of
the employment of a contributor whether
voluntary or compulsory;'.
(2) In section 3 of the Emergency Services
Superannuation Act 1986, in the definition of
20
"disability" after "60 years" insert "or of a police
recruit".
7. Amendment of section 4
After section 4(1D) of the Emergency Services
Superannuation Act 1986 insert--
25
'(1E) For the purposes of the definition of "salary"
in section 3--
(a) in the case of the contributor who is on
leave of absence without pay or less
than full pay and is not acting as a full-
30
time officer of a union or employee
organisation, salary means the salary
that the contributor would have
received had the contributor not been
on leave of absence without pay or less
35
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Superannuation Acts (Further Amendment) Act 1996
s. 7 Act No.
than full pay and not been acting as a
full-time officer of a union or employee
organisation, or such greater salary as is
paid to the contributor by any other
employer and approved by the Board;
5
(b) in the case of the contributor who is an
employee of a union or employee
organisation, the salary that the
contributor would have received had
the contributor not been an employee of
10
a union or employee organisation, or
such greater salary as is paid to the
contributor by the union or employee
organisation and approved by the
Board;
15
(c) in the case of a part-time contributor,
salary means the salary which would be
payable at that time to a person in
similar employment on a full-time
basis;
20
(d) if a contributor's salary is reduced, and
the Board agrees that the reduction is
not to be taken into account, salary
means the greater of--
(i) the salary of the contributor
25
immediately prior to the
reduction; and
(ii) the actual salary;
(e) in the case of a contributor who
receives payments under section
30
20F(17) or 20F(18), salary includes
those payments;
(f) on and from 1 January 1994 for the
purposes of sections 20C, 20D, 20E,
20F(1), 20G(1), 20G(3)(a), 20J and
35
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Superannuation Acts (Further Amendment) Act 1996
s. 7
Act No.
20K, the salary used to determine the
accrued benefit of a former contributor
is the salary averaged over a period of 2
years prior to the date of termination of
service calculated--
5
(i) in relation to a contributor with
less than 2 years of service, an
amount calculated in accordance
with the formula--
A 365
×
10
1
B
where--
"A" is the aggregate salary paid
to the contributor in respect
of the contributor's period of
service;
15
"B" is the total number of days in
that period;
(ii) in relation to a contributor with 2
years or more of service, an
amount equal to one-half of the
20
contributor's aggregate salary for
the period of service of 2 years
ending on the contributor's last
day of service--
and if the period of recognised service
25
includes a period of leave without pay,
there is deemed to have been payable to
that contributor during that period of
leave without pay, salary at the rate
payable to the contributor immediately
30
before the period of leave, or such
higher salary as has been approved by
the Board for the purposes of this sub-
section.'.
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Superannuation Acts (Further Amendment) Act 1996
s. 8 Act No.
8. Amendment of section 7
In section 7(9) of the Emergency Services
Superannuation Act 1986 for "the regulations"
substitute "procedures determined by the Board".
9. Actuarial reviews
5
After section 19(8) of the Emergency Services
Superannuation Act 1986 insert--
"(9) The Minister must cause each actuary's
report submitted to him or her to be laid
before the Legislative Council and the
10
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.".
15
10. New sections inserted
After section 20 of the Emergency Services
Superannuation Act 1986 insert--
'20A. Contributions
(1) Subject to sub-section (2), a contributor must
20
make contributions to the Scheme on each
date for payment of salary or, except when
the contributor has become entitled to a
benefit under section 20D, 20F, 20J or 20K,
periodic payments under the Accident
25
Compensation Act 1985.
(2) Subject to sub-sections (5), (6), (7) and (8), a
contributor may elect to make no
contributions or to make contributions at a
rate of 3%, 5%, 6%, 7% or 8% of salary.
30
(3) The contributions payable by a part-time
contributor are that proportion of the
contributions otherwise determined in
accordance with this section that the service
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Superannuation Acts (Further Amendment) Act 1996
s. 10
Act No.
of the part-time contributor (at the time the
contributions fall due) bears to the service of
a person in similar employment on a full-
time basis.
(4) Subject to giving 2 months' notice in writing,
5
a contributor may vary the rate of
contribution once in any calendar year.
(5) A contributor who is not an operational staff
member is permitted to contribute at a rate of
6% of salary only if the contributor is a
10
transferred officer.
(6) A contributor who is not an operational staff
member is permitted to contribute at a rate of
7% of salary only if the contributor is a
transferred officer.
15
(7) A contributor is permitted to contribute at a
rate of 8% of salary only if at the time of the
first election under this section or at any
subsequent date on which contributions may
be varied--
20
(a) the contributor is a transferred officer
and has contributed to the Fund
established under the Superannuation
Act 1958 and the Scheme for a total
period of not less than 5 years; or
25
(b) the contributor is a transferred officer
and has contributed to the Fund
established under the Metropolitan
Fire Brigades Superannuation Act
1976 and the Scheme for a total period
30
of not less than 15 years; or
(c) the contributor is a transferred officer
and has contributed to the Fund
established under the Hospitals
Superannuation Act 1965 and the
35
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Superannuation Acts (Further Amendment) Act 1996
s. 10 Act No.
Scheme for a total period of not less
than 10 years; or
(d) the contributor is an operational staff
member whose average contribution
rate is less than 7% of his or her salary
5
for each year of his or her membership.
(8) Contributions must cease when the accrued
benefit of the member equals the maximum
specified in section 20C.
(9) The Board may at its discretion accept on
10
behalf of a contributor a transfer of money or
other assets from an approved
superannuation arrangement.
(10) Contributors must make elections under this
section in the form specified by the Board.
15
(11) Employers must deduct contributions from
the salaries of contributors and pay them
without deduction to the Board.
(12) On and from 1 January 1994 a contributor
who had been a contributor at the rate of 9%
20
of salary prior to 1 January 1994 is to be
deemed to have elected to contribute at a rate
of 8% of salary with effect from the first full
pay day in January 1994.
20B. Membership
25
(1) For the purposes of this Part, membership
means the period of service up to the age of
65 years calculated in years including
fractions appropriate to complete days
during which the employee was entitled to
30
make contributions (other than contributions
under section 20M) to the Scheme.
(2) Any period of membership as a part-time
contributor is reduced proportionately
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Superannuation Acts (Further Amendment) Act 1996
s. 10
Act No.
according to the basis on which the part-time
contributor is employed.
(3) Membership includes--
(a) any leave of absence during which the
contributor continues to receive salary
5
from the employer or periodic
payments under the Accident
Compensation Act 1985; and
(b) any leave of absence without pay on
account of illness or injury certified by
10
a registered medical practitioner; and
(c) any other leave of absence approved by
the employer of the contributor during
which the employer, or any other
employer of the contributor approved
15
by the Board, agrees to maintain
contributions as required by section
20Q.
(4) Membership does not include--
(a) any period prior to 1 January 1987; or
20
(b) any period when a contributor was a
contributor to a prior fund; or
(c) any period in excess of 4 weeks when
no contribution payments (other than
optional contributions under section
25
20M) are made to the Scheme; or
(d) any period in respect of which a benefit
has previously been paid unless such
part of that benefit (other than a
pension under section 20F or 20G) as
30
the Board requires has been repaid to
the Scheme together with interest at a
rate fixed by the Board; or
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Superannuation Acts (Further Amendment) Act 1996
s. 10 Act No.
(e) unless contributions required by section
20M are made, any additional years of
membership which would have been
completed by age 60 by a contributor
on leave of absence without pay other
5
than leave on account of illness or
injury certified by a registered medical
practitioner.
20C. Accrued benefits
(1) The accrued benefit of a contributor is the
10
sum of--
(a) 10% of the salary of the contributor for
each year of membership in which the
contributor was entitled to make but did
not make contributions to the Scheme;
15
and
(b) 16% of the salary of the contributor for
each year of membership in which the
contributor contributed 3% of salary to
the Scheme; and
20
(c) 20% of the salary of the contributor for
each year of membership in which the
contributor contributed 5% of salary to
the Scheme; and
(d) 24% of the salary of the contributor for
25
each year of membership in which the
contributor contributed 6% of salary to
the Scheme; and
(e) 28% of the salary of the contributor for
each year of membership in which the
30
contributor contributed 7% of salary to
the Scheme; and
(f) 32% of the salary of the contributor for
each year of membership in which the
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contributor contributed 8% of salary to
the Scheme; and
(g) 36% of the salary of the contributor for
each year of membership in which the
contributor contributed 9% of salary to
5
the Scheme prior to 1 January 1994;
and
(h) the percentage of the salary of the
contributor that is determined by the
Board having regard to the period of
10
membership and contributions of the
contributor under any prior fund and
any benefits paid to the contributor
from any prior fund; and
(i) the percentage of the salary of the
15
contributor that is determined by the
Board having regard to any money or
assets transferred from an approved
superannuation arrangement.
(2) The accrued benefit of a contributor must not
20
exceed a maximum of 8·40 times the salary
of the contributor.
(3) For the purposes of sections 20F(8), 20F(9),
20F(10), 20F(19) and 20G(3)(b)(ii), the
salary used to determine the accrued benefit
25
of a former contributor is the current
equivalent of salary on termination of
service.
(4) In any case of a payment under this Part and
which is made on or after 1 January 1994,
30
the benefit calculated to be payable by the
Board must not be less than any benefit that
would have been payable if the benefit had
been paid prior to 1 January 1994.
35
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20D. Retirement of contributor
Subject to section 29A, upon the retirement
of a contributor on or after attaining the age
of 50 years, the Board must pay to the
contributor a lump sum equal to the accrued
5
benefit of the contributor.
20E. Death of contributor or police recruit
(1) Upon the death of a contributor who is an
operational staff member before the age of
55, or if not an operational staff member
10
before the age of 60, the Board must pay to
the dependants, or, if there are none, to the
nominees, a lump sum equal to the accrued
retirement benefit which would have been
payable if--
15
(a) in the case of an operational staff
member--
(i) the membership of the contributor
had continued and terminated at
the age of 55 years; and
20
(ii) the salary of the contributor at age
55 had been the salary at the date
of death; and
(iii) the contributor had been permitted
from the date of death to
25
contribute the maximum rate
available to the contributor under
this Part and elected to contribute
at that rate; or
(b) in the case of any other contributor--
30
(i) the membership of the contributor
had continued and terminated at
the age of 60 years; and
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(ii) the salary of the contributor at age
60 had been the salary at the date
of death; and
(iii) the contributor had been permitted
from the date of death to
5
contribute the maximum rate of
5% and elected to contribute at
that rate.
(2) Upon the death of a contributor at or after
the age of 60, the Board must pay to the
10
dependants or, if there are none, to the
nominees, a lump sum equal to the accrued
benefit of the contributor at the date of death
calculated using the salary of the contributor
at the date of his or her death.
15
(3) Prospective membership of a contributor
who was at any time a part-time contributor
is to be calculated proportionately according
to the ratio the service rendered by the
contributor in the 3 years preceding death or
20
during the total service of the contributor
(whichever is less) bears to the service that
would have been required of a person in
similar employment throughout that period
on a full-time basis.
25
(4) Where a contributor who is not an
operational staff member and who is not a
transferred officer dies as the result of
traumatic bodily injury suffered in the course
of employment, the Board must pay to the
30
dependants or, if there are none, to the
nominees, a supplementary lump sum equal
to the lesser of--
(a) 40% of the lump sum under sub-section
(1); or
35
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(b) the difference between 8·40 times the
salary and the lump sum under sub-
section (1).
(5) If a beneficiary is under the age of 18 years
or if in the opinion of the Board it would be
5
in the best interests of a beneficiary, the
Board may pay any benefit under this section
to other persons selected by the Board for the
benefit of the beneficiary.
(6) On the termination of the service of a police
10
recruit because of death, the Board must pay
to the dependants, in the proportions that the
Board determines, a lump sum equal to the
lesser of--
(a) 8.40 times the salary of the police
15
recruit at the date of death; or
(b) the multiple of the salary of the police
recruit which would have become
payable under this section if the police
recruit had become a contributor to the
20
scheme and had died on the day of first
becoming eligible to take and subscribe
an oath under section 13 of the Police
Regulation Act 1958.
(7) The Board must not make a payment in
25
respect of the death of a police recruit or
former police recruit if the Board is unable,
after making reasonable enquiries, to locate
the person entitled to it.
(8) Upon acceptance of a payment under this
30
section, the Board is released from any
liability to make any further payments to, or
in respect of, any entitlements of the
deceased and this Act ceases to apply.
35
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20F. Disability of contributor or police recruit
(1) If a contributor who is an operational staff
member terminates service before the age of
55, or if the contributor is not an operational
staff member and terminates before the age
5
of 60, and the contributor is suffering from
disability at the time of termination, the
Board must pay to the contributor an annual
pension at a rate of 1/12th of the sum of--
(a) the lump sum which would have
10
become payable under section 20E(1) if
the contributor had died on the date of
termination; and
(b) if the disability is the result of traumatic
bodily injury suffered in the course of
15
employment, the supplementary lump
sum which would have become payable
under section 20E(4) if the contributor
had died on the date of termination.
(2) If a contributor who is an operational staff
20
member terminates service at or after the age
of 55, or if the contributor is not an
operational staff member and terminates at
or after the age of 60 and the contributor is
suffering from disability at the time of
25
termination, the Board must pay to the
contributor a lump sum equal to the accrued
benefit of the contributor at the date of
termination calculated using the salary of the
contributor at the date of termination.
30
(3) The pension under sub-section (1) is payable
during the life of the former contributor in
fortnightly instalments of one twenty-sixth
of the annual pension.
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(4) On the termination of the service of a police
recruit because of disability, the Board must
pay to the police recruit, for a period
determined by the Board but not exceeding
12 months, an annual pension at the rate of
5
one-twelfth of the lump sum which would
have become payable under section 20E if
the police recruit had died on the date of
termination of services.
(5) At the end of a period determined by the
10
Board for payment of a pension the Board
must, if the former police recruit is not
gainfully employed--
(a) continue the pension for a further
period determined by the Board but not
15
exceeding 12 months; or
(b) continue the pension indefinitely.
(6) A pension under sub-section (4) or (5) is
payable in fortnightly instalments of one
twenty-sixth of the annual pension.
20
(7) The pension payable to any former police
recruit must not exceed the amount which,
together with the amount of any periodic
payments under the Accident
Compensation Act 1985 received by the
25
former police recruit, equals the current
equivalent of salary on termination of
service.
(8) On the death of a former contributor entitled
to a pension under this section before the age
30
of 65 years, or on the death of a former
police recruit entitled to a pension under this
section before the age of 55 years, the Board
must pay to the dependants or, if in the case
of a former contributor there are none, to the
35
nominees or to other persons selected in
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accordance with section 20E(5), an amount
which is the greater of the accrued benefit
and--
D (312 - X)
312
where--
5
"D" is the benefit which would have been
payable if the former contributor or
former police recruit had died on the
date of the termination of service and if
the salary of the former contributor or
10
former police recruit had been the
current equivalent of the salary of the
former contributor or former police
recruit on termination of service; and
"X" is the number of fortnightly instalments
15
of pension received by the former
contributor or former police recruit.
(9) If on the death of a former contributor before
age 60 any benefit payable under sub-section
(8) is less than 4 times the current equivalent
20
of the salary on termination of service of the
former contributor, the benefit must be
increased to the lesser of that amount and the
benefit which would have been payable if
the former contributor had died on the date
25
of the termination of service and the salary
of the former contributor had been the
current equivalent of the salary of the former
contributor on termination of service.
(10) A former contributor receiving a pension
30
under this section may--
(a) within the 3 months before the former
contributor would attain the age of 60
years; or
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(b) within the 3 months before the former
contributor would attain the age of 65
years--
elect to cease to receive the pension as from
the age of 60 or 65 years (as the case
5
requires) and to receive a benefit equal to the
accrued benefit of the former contributor.
(11) The Board may at any time require a former
contributor or former police recruit receiving
a pension under this section to provide to the
10
Board within 45 days of a request, any
information relating to the state of health or
gainful employment of the former
contributor or former police recruit as the
Board may require for the purposes of this
15
section and if the former contributor or
former police recruit fails or refuses to
provide the information the Board may upon
written notice to the former contributor for
former police recruit suspend or cancel the
20
pension.
(12) Subject to sub-section (17), if before a
former contributor or former police recruit
receiving a pension under this section attains
the age of 60 years the Board determines that
25
the former contributor or police recruit is
gainfully employed, or is not, or is no longer,
suffering from disability, or the former
contributor or police recruit has been offered
by the former employer of the contributor or
30
police recruit employment for which the
former contributor or former police recruit is
suited by training, education or experience,
the Board may--
(a) reduce the pension to any level that the
35
Board determines, having regard to the
current equivalent of salary on
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termination of service, the
remuneration the former contributor or
former police recruit has derived from
gainful employment, and the earning
capacity of the former contributor or
5
former police recruit; or
(b) suspend the pension; or
(c) cancel the pension.
(13) For the purposes of sub-sections (5), (11),
(12) and (14) a person is to be treated as
10
being gainfully employed if the person is
deriving income wholly or partly from his or
her personal exertions whether on his or her
own account, or delegation thereof, or under
a contract of service or otherwise.
15
(14) The Board may from time to time review a
determination to reduce or suspend benefits
having regard to the current equivalent of
salary on termination of service, the income
the former contributor or police recruit has
20
derived from gainful employment, and the
earning capacity of the former contributor or
former police recruit, and may determine
to--
(a) further reduce the pension; or
25
(b) suspend the pension; or
(c) cancel the pension; or
(d) increase the pension to an amount not
exceeding the pension which would
have been payable if no previous
30
determination had been made.
(15) A determination to reduce, suspend or cancel
a pension does not take effect for a period of
3 months from the date of determination
during which period the former contributor
35
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or former police recruit may appeal to the
Board against the determination.
(16) If the Board confirms the determination on
appeal, the reduction, suspension or
cancellation of pension will apply 3 months
5
after the original determination was made or
on the pension pay day following
determination of the appeal, whichever is the
later.
(17) If a former contributor or former police
10
recruit receiving a pension under this section
is again employed by an employer, the
pension must be suspended but the Board
may agree to pay to the contributor or police
recruit an amount up to the excess (if any) of
15
the current equivalent of salary on
termination of service over the salary
payable to the contributor or police recruit
because the person is unable to perform the
previous duties due to the state of his or her
20
health.
(18) The Board may agree to pay to a transferred
officer an amount not exceeding any
fortnightly payments which the transferred
officer was receiving from a prior fund.
25
(19) If the Board cancels a pension under
sub-section (11), (12) or (14), the Board
must pay--
(a) to a former contributor, a benefit equal
to the accrued benefit of the former
30
contributor; or
(b) to a former police recruit, a benefit
equal to his or her member's account
balance.
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(20) The Board may make the payment of any
pension to a former police recruit conditional
on the former police recruit undertaking, at
the expense of the Board, a nominated
course of training or education.
5
(21) Upon acceptance of a payment under
sub-section (8), (9) or (10), the Board is
released from any liability to make any
further payment to, or in respect of, any
entitlements of the deceased pensioner or
10
former contributor and this Act ceases to
apply.
20G. Temporary pension for illness or injury
(1) If the Board determines that a contributor
who has applied for a disability benefit under
15
section 20F(1) is likely to substantially
recover from injury, disease or infirmity, the
Board may determine that the contributor be
paid a pension calculated in accordance with
section 20F while absent from duties for a
20
limited period of up to 12 months.
(2) A contributor granted a pension under sub-
section (1) is to be treated as being on leave
of absence without pay on account of illness
or injury certified by a registered medical
25
practitioner but in other respects section 20F
applies.
(3) At the expiration of the limited period for
payment of a pension, the Board must decide
if the contributor does not return to duties--
30
(a) to continue the pension while the
contributor remains absent from duties
for one further limited period of up to
12 months; or
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(b) if the service of the contributor is
terminated, to pay the contributor
either--
(i) a pension under section 20F; or
(ii) the contributor's accrued benefit.
5
(4) If, under sub-section (3), the Board decides
to continue a pension for a second limited
period and determines that any pension
payable is conditional upon the contributor
undertaking a nominated course of training
10
or education referred to in sub-section (5),
the Board must, at the expiration of that
period, if the contributor does not return to
duties, decide to continue the pension until
the contributor has completed the nominated
15
course or 3 years of the nominated course,
whichever first occurs.
(5) The Board may determine that any pension
payable under sub-section (1), (3)(a) or (4) is
to be conditional upon the contributor
20
undertaking at the expense of the Board a
nominated course of training or education.
(6) Upon acceptance of a payment under
sub-section (3)(b), the Board is released
from any liability to make any further
25
payment to, or in respect of, any entitlements
of the former contributor and this Act ceases
to apply.
20H. Termination due to ill health
(1) This section applies if the Board determines
30
that--
(a) a former contributor who is receiving
an annual pension under section 20F
and has applied for the payment of a
benefit under this section; or
35
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(b) a contributor who has applied for the
payment of an annual pension under
section 20F; or
(c) a former contributor who is receiving
an annual pension for a limited period
5
under section 20F or a contributor who
is receiving a temporary pension for
illness or injury under section 20G--
qualifies for the payment of an ill health
benefit under this section.
10
(2) The payment under this section is to be a
lump sum equal to the accrued benefit of the
contributor or former contributor at the date
of termination calculated using the salary of
the contributor at the date of termination or
15
the current equivalent salary of the salary of
the former contributor at the date of
termination.
(3) If a contributor or former contributor accepts
a payment under this section, the Board is
20
released from any liability to make any
further payments to, or in respect of, any
entitlements of the contributor or former
contributor or of any of his or her dependants
and this Act ceases to apply.
25
20I. Indexation of pensions
(1) In this section--
"prescribed half year" means the half year
ended 31 December 1986 or any
subsequent half year ending on 30 June
30
or 31 December in which the consumer
price index number is higher than the
previous highest consumer price index
number in or since the half year ended
31 December 1986;
35
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"prescribed proportion" in relation to a
prescribed half year after 31 December
1986 means--
A- B
B
where--
5
"A" is the consumer price index
number for the prescribed half
year;
"B" is the consumer price index
number for the next preceding
10
prescribed half year.
(2) If the prescribed proportion consists of, or
includes a fraction of, a whole number, it
must be calculated to the nearest one-
hundredth part.
15
(3) Any pension under section 20F or 20G
must--
(a) if it is then payable, be increased on the
payment of the first instalment of
pension in the month of June or
20
December by an amount equal to one-
sixth of the prescribed proportion for
the next preceding prescribed half year
(if any) of the pension for every whole
month or part of a month during the
25
preceding half year in respect of which
a pension has been payable; or
(b) if for any reason it is not then payable,
be notionally so increased as if then
payable.
30
(4) Where any increase in any pension is likely
to jeopardise the granting of any pension,
allowance, subsidy, concession or similar
benefit to the pensioner under any Act of the
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Commonwealth, the Board on receipt of a
request in writing from the former
contributor may commute to a lump sum the
increase in the pension on such terms and
conditions as may from time to time be
5
determined by the Board after considering
the advice of an actuary.
20J. Retrenchment of contributor
Subject to section 29A, if a contributor
ceases to be employed before attaining the
10
age of 50 years by reason of retrenchment,
the Board must pay to the contributor a sum
equal to the contributor's accrued benefit.
20K. Other termination of service of contributor
(1) The Board must not make any payments
15
under this section until it receives a
statement in the form approved by the Board
by or on behalf of the contributor as to
whether the contributor claims to have
ceased to be employed by reason of
20
retrenchment or whilst suffering from
disability or ill health.
(2) Subject to section 29A, when a contributor
ceases to be employed before attaining the
age of 50 years other than by reason of death
25
or retrenchment, or whilst suffering from
disability or ill health, the contributor is
entitled to be paid a sum equal to the sum
of--
(a) the accrued benefit of the contributor at
30
the date 5 years before the date of
resignation, or if at that date the
contributor was a member of a prior
fund or an approved superannuation
arrangement the percentage of salary
35
that is determined by the Board; and
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(b) the adjusted total contributions of the
contributor to the Scheme, a prior fund
or approved superannuation
arrangement in the period since the date
5 years prior to the date of resignation;
5
and
(c) 3% of the salary of the contributor at
the date of termination for each year of
contribution by the contributor on or
after 1 January 1987 up to a maximum
10
of 5 years.
(3) If a contributor ceases to be employed after
attaining the age of 45 years other than by
reason of death or retrenchment, or whilst
suffering from disability or ill health, there is
15
to be substituted for the period of the 5 years
in sub-section (2) the period in years and
complete months from the date of
termination of service to the date on which
the contributor would attain the age of 50
20
years.
20L. Restriction of death and disability benefits
(1) Full death and disability benefits must be
granted--
(a) to all operational staff members; and
25
(b) to all other transferred officers who
were entitled to full death and disability
benefits under a prior fund.
(2) Any other contributor may at the discretion
of the Board be requested to--
30
(a) furnish to the Board a personal
statement verified in any manner that
the Board may require with respect to
age, occupation, medical history,
condition of health and any other
35
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matters that the Board considers
necessary or expedient; and
(b) undergo any examination by a
registered medical practitioner,
nominated by the Board, that the Board
5
may consider necessary or expedient.
(3) The Board not later than 2 months after it
receives the personal statement and report of
the medical examination in accordance with
sub-section (2), must determine whether the
10
contributor is subject to a health impairment
which could provide grounds for a claim for
disability benefits from the Scheme within 3
years and if the Board so determines may
declare the contributor to be a restricted
15
benefits contributor.
(4) A contributor required to furnish information
to the Board under sub-section (2) is to be
treated as a restricted benefits contributor
until the expiration of the period of 2 months
20
specified in sub-section (3) or any earlier
date that the Board decides that the
contributor is not a restricted benefits
contributor.
(5) The benefit payable in the event of the death
25
or disability of a restricted benefits
contributor is the accrued benefit for that
contributor or such greater amount as the
Board may determine and advise in writing
to the contributor.
30
(6) If the service of a contributor terminates by
reason of death, or whilst suffering from
disability that is caused by traumatic bodily
injury suffered by the contributor within 12
months (or such longer period as is approved
35
by the Board) prior to the termination of
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service, the Board may determine that any
restriction imposed under this section be
waived.
(7) A restricted benefits contributor may within
2 months of a determination by the Board
5
under sub-section (3) and at any further
intervals that the Board may determine,
apply to the Board for reconsideration of the
determination.
(8) The Board may require a contributor making
10
application under sub-section (7) to provide
any further evidence of health or undergo
any further medical examinations that the
Board considers necessary or expedient.
20M. Optional contributions during leave of
15
absence
If an employer approves in advance leave of
absence without pay for reasons other than
illness or injury certified by a registered
medical practitioner or employment by
20
another employer who agrees to maintain
contributions as required by section 20Q for
more than 4 weeks, the contributor--
(a) may elect to pay contributions for the
period of the leave for a period not
25
exceeding 7 years if the contributor is
on parental leave or not exceeding 2
years if the member is on leave for any
other reason except ill health at a rate
of 2% (or such other percentage as is
30
first determined by an actuary after the
commencement of section 10 of the
Superannuation Acts (Further
Amendment) Act 1996 and thereafter
during an actuarial investigation under
35
section 19(7) and which is specified in
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the actuary's report), of the salary of the
contributor immediately before the
commencement of leave; and
(b) upon payment of such contributions is
to be treated in the event of death or the
5
commencement to suffer disability
before return from leave to have
resumed duties on the day of such death
or the commencement to suffer
disability.
10
20N. Legal personal representatives
(1) A contributor may nominate any natural
person as a legal personal representative for
the purposes of this Part.
(2) The nomination must be made in a manner
15
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)--
20
are deemed to be a contributor's legal
personal representatives for the purposes of
this Part.
20O. Death benefit when no dependants
(1) Notwithstanding anything in this Part if
25
following the death of a contributor or
former contributor the Board is unable to
locate a spouse, child or any other dependant
or nominee of the contributor or former
contributor, the Board must pay to the
30
executor or administrator of the estate of the
contributor or former contributor the amount
by which the adjusted total contributions of
the contributor or former contributor exceed
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the total benefits paid to or in respect of the
contributor or former contributor.
(2) The Board may assume there are no
dependants or nominees who are deemed to
be legal personal representatives under
5
section 20N(3) if no persons have lodged
claims with the Board within 12 months of
the death of the contributor.
20P. Payment of benefits in case of multiple
claimants
10
If--
(a) a contributor or former contributor dies;
and
(b) the Board is required to pay an amount
to dependants or nominees; and
15
(c) there is more than one dependant or
nominee--
the Board may in its absolute discretion
determine what proportion (if any) of the
amount each dependant or nominee is to
20
receive.
20Q. Separate employer accounts
(1) The employer of each contributor must pay
to the Board contributions equal to--
(a) the percentages of amounts paid to
25
contributors by way of salary; or
(b) the multiples of contributions payable
by contributors; or
(c) the proportions of benefits paid in
respect of former contributors that are
30
for the time being fixed for the
employer by the Board; or
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(d) an appropriate amount in Australian
dollars fixed for the employer by the
Board; or
(e) any other amount being a combination
of these types of contribution fixed for
5
the employer by the Board.
(2) For the purposes of this section, the Board
may make collective determinations for any
group of employers who consent to be
regarded as related employers.
10
(3) The Board must maintain a separate account
for each employer or for each group of
employers for whom a collective
determination is to be made.
(4) Each account maintained for the purposes of
15
this section is to be credited with--
(a) all amounts received by the Board from
a prior fund or an approved
superannuation arrangement in respect
of contributors in the service of the
20
employer or employers; and
(b) all contributions received by the Board
by or on behalf of contributors in the
service of the employer or employers;
and
25
(c) the part of the investment earnings of
the Scheme that the Board determines
to be applicable to the account--
and is to be debited with--
(d) all benefits paid to or in respect of
30
contributors in respect of service of the
employer or employers; and
(e) the part of any money appropriated by
the Board for the Management Account
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of the Board that the Board determines
to be applicable to the account.
(5) The Board must fix the contributions
calculated in accordance with sub-section (1)
for the purposes of this section after
5
considering the advice of the actuary as at
the commencement of each financial year
and must give to each employer notice in
writing of any such contributions so fixed
not less than 6 months before it is to have
10
effect.
(6) The first percentages, multiples and
proportions fixed under this section must be
fixed as soon as possible after 1 January
1987 and have effect from that date.
15
20R. Remittance of contributions
(1) All contributions deducted from the salary of
a contributor and all amounts which an
employer is liable to pay to the Board
become payable to the Board at each
20
payment of an instalment of salary by that
employer.
(2) If an employer does not within 14 days after
an amount has become payable pay the
whole amount to the Board the employer
25
must, if the Board so demands, pay interest
on the amount remaining unpaid at the rate
for the time being fixed under section 2 of
the Penalty Interest Rates Act 1983 from
the date on which the amount became
30
payable until the date on which it is paid to
the Board.
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20S. Minimum Requisite Benefit
Notwithstanding anything contained in this
Part, any benefit payable to or in respect of a
contributor must not be less than the
Minimum Requisite Benefit specified by the
5
Actuary in the Benefit Certificate related to
the Scheme and provided by the Actuary
from time to time for the purposes of
satisfying the requirements of the
Commonwealth Superannuation Guarantee
10
(Administration) Act 1992 and any
regulations thereto.'.
11. New Part inserted
After Part 3 of the Emergency Services
Superannuation Act 1986 insert--
15
'PART 3A--ESSPLAN SCHEME
21. Definitions
In this Part--
"beneficiary" means a contributor or former
contributor in respect of whom a
20
beneficiary account is established;
"beneficiary account" means a
beneficiary's account established and
maintained by the Board for each
beneficiary under section 21J;
25
"casual employee" means a casual
employee as defined by the relevant
award determinations or an employee
deemed by the Board to be a casual
employee;
30
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"child", in relation to a member, means a
child of the member or of his or her
spouse, other than any child born more
than 10 months after his or her death;
"member" means a person who is a member
5
of the ESSPLAN Scheme under section
4 (7) or a contributor who has made
contributions to the ESSPLAN Scheme;
"member's account balance" means the
credit balance in the member's account
10
as at a particular date after all relevant
credits and debits up to that date have
been made;
"net earning rate" means in respect of any
particular period, and for any particular
15
purpose, the rate of earnings (which
may be positive or negative) as
determined by the Board in respect of
an investment fund or in respect of the
Scheme (excluding investment funds),
20
as the case may be, for that period and
that purpose and having regard to--
(a) the income derived from the
investment of the Scheme or
investment funds; and
25
(b) any realised or unrealised gains or
losses in respect of any
investments of the Scheme or
investment funds; and
(c) any tax; and
30
(d) expenses of the Scheme or an
investment fund not otherwise
debited to member's accounts; and
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(e) any specified standards; and
(f) any other matters the Board
considers relevant;
"participating employer" means an
employer which employs any person
5
defined as an "employee" within the
meaning of section 3.
21A. ESSPLAN Scheme
(1) There is continued an arrangement within the
Scheme called the ESSPLAN Scheme.
10
(2) The following are to form part of the
Scheme--
(a) contributions made by, or in respect of,
participating employers and members
of ESSPLAN, in accordance with this
15
Part;
(b) any other money or assets transferred to
the Board for the purpose of forming
part of ESSPLAN;
(c) income derived from the investment of
20
ESSPLAN;
(d) the proceeds of the realisation of any
investment of ESSPLAN;
(e) any other money or assets which the
Board determines are to form part of
25
ESSPLAN.
21B. Membership of ESSPLAN
(1) Subject to this section, a person becomes a
member--
(a) if the person is not an operational staff
30
member of a participating employer
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and commences employment on or after
1 January 1994; or
(b) if the person employed by a
participating employer applies in
writing to the Board to become a
5
member, if and when the Board accepts
the application or from such later date
as the Board may determine with the
approval of the participating employer.
(2) Subject to sub-section (4), a person who is
10
an employee of a participating employer and
has attained the age of 65 years is not
eligible to become a member, or to make
contributions, or to be the subject of
contributions to the Scheme.
15
(3) Subject to sub-section (4), a person who is a
member and attains the age of 65 years is to
be taken to have ceased to be an employee of
a participating employer upon attaining that
age.
20
(4) A person is eligible to remain or become a
member of the Scheme even if that person
has attained the age of 65 years if that person
is or becomes an employee of a participating
employer and sub-section (5) or (6) would
25
permit that person to make contributions or
to be the subject of contributions to the
Scheme.
(5) Subject to sub-section (6), a member of the
Scheme is eligible to make contributions or
30
to be the subject of contributions to the
Scheme after attaining the age of 65 years if
that member was at least 60 years of age on
1 July 1990, until that member attains the
age of 70 years.
35
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(6) Except as provided in sub-section (5), a
member of the Scheme is eligible to be the
subject of contributions to the Scheme after
the member has attained the age of 65 years
only if the contributions are required to
5
reduce the employer's liability under the
Commonwealth Superannuation Guarantee
Charge Act 1992 or are required to satisfy
the employer's obligation to make
contributions for that member under a
10
contract of employment or any employment
agreement made on or before 1 July 1986
under any law of Victoria or the
Commonwealth of Australia.
(7) A person to whom sub-section (4) applies is
15
taken for the purposes of this Act to have
ceased to be an employee of a participating
employer upon that person attaining the age
of 70 years.
(8) Subject to sub-section (9), if a participating
20
employer certifies in writing to the Board
that it is meeting its entire obligations under
the Commonwealth Superannuation
Guarantee (Administration) Act 1992 in
respect of a person through another
25
complying superannuation fund, then--
(a) if that person is not a member of the
Scheme, he or she is not eligible to
become a member of the Scheme in
respect of employment with that
30
participating employer; or
(b) if that person is a member of the
Scheme, no further contributions are to
be made to the Scheme in respect of
that person by that participating
35
employer.
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(9) Subject to the approval of the Board,
sub-section (8) ceases to apply to an
employee if the participating employer
certifies in writing to the Board that the
participating employer has ceased meeting
5
its obligations in respect of that employee
under the Commonwealth Superannuation
Guarantee (Administration) Act 1992
through another complying superannuation
Fund.
10
(10) A person ceases to be a member on--
(a) the death of that person; or
(b) the payment, cessation or termination
under this Part of all benefits from the
Scheme to which that person could
15
become entitled; or
(c) the transfer of that person's member's
account balance from the Scheme to
another complying superannuation
fund--
20
whichever first occurs
21C. Employer contributions
(1) Subject to sections 21B(8) and 21B(9), each
participating employer must contribute to the
Scheme in respect of each of its employees
25
who is a member of the Scheme so that the
employer does not have an individual
guarantee shortfall in relation to that member
under the Commonwealth Superannuation
Guarantee (Administration) Act 1992.
30
(2) It is the sole responsibility of a participating
employer to ensure that the participating
employer complies with this section.
(3) A participating employer may make
contributions in respect of a member or class
35
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of members which exceed the amount
specified in sub-section (1).
(4) The Board may accept in respect of a
member or class of members, contributions
from a participating employer which exceed
5
the amount specified in sub-section (1).
(5) A participating employer must make
contributions in the manner determined by
the Board.
21D. Member's contributions for ESSPLAN
10
(1) A member may in accordance with section
20A(4) elect in accordance with this Part
to--
(a) make contributions to the Scheme; or
(b) vary the amount of contributions to the
15
Scheme; or
(c) cease making contributions to the
Scheme.
(2) An election--
(a) must be in the form determined by the
20
Board; and
(b) must be accompanied by any
information required by the Board; and
(c) takes effect as from the day determined
by the Board.
25
(3) If a person who becomes a member in
accordance with section 21B(1)(a) is
required to contribute to a superannuation
fund and his or her employer is a
participating employer who is required under
30
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a law of the Commonwealth of Australia to
contribute to the Scheme in respect of the
member under section 21C(1)--
(a) the member is deemed to have elected
to make contributions to the Scheme
5
which are not less than the
contributions required of the member;
and
(b) the contributions are made by
deductions from the salary of the
10
member.
21E. Amount and payment of benefits under
ESSPLAN
(1) Except where a benefit is payable under
section 21H, a benefit payable to or in
15
respect of a member is an amount equal to
the member's account balance at the time the
benefit is paid.
(2) The benefit is payable in accordance with
any relevant specified standards.
20
(3) Subject to sub-sections (2) and (4), the
benefit is payable--
(a) on the request of the member at any
time after ceasing to be employed from
the age of 55 years except for that part
25
of the benefit which is subject to the
specified standards; or
(b) if a member, prior to attaining the age
of 55 years applies in writing, in a form
approved by the Board to receive all or
30
any part of their non-preserved benefit
and such application is approved by the
Board; or
(c) unless a member applies in writing, in a
form approved by the Board to defer
35
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payment of benefits or pay such
benefits to an investment fund
maintained for that purpose by the
Board and such application is approved
by the Board; or
5
(d) upon the attainment of the former
member of the age of 65 years--
whichever first occurs.
(4) The benefit is payable if section 21B(7)
applies, as soon as practicable after the date
10
that the person attains the age of 70 years.
21F. Disability and death cover under ESSPLAN
(1) Subject to this section and section 21G, each
member who does not have an entitlement to
any disability or death benefit under Part 3
15
has, as from the date of commencing to be a
member, disability and death benefits cover
at a level determined from time to time by
the Board.
(2) The Board may determine the level of
20
disability and death benefits cover on any
basis that the Board considers appropriate,
including any of the following--
(a) as a fixed dollar amount for each
member;
25
(b) as a dollar amount varying according to
the age of the member or some other
determinate factor;
(c) as the difference between a fixed dollar
amount and the member's account
30
balance from time to time.
(3) A member is not covered in the event of
disability or death during the period of 2
years from the commencement of
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membership of the Scheme which the Board
determines on the advice of a registered
medical practitioner is a direct consequence
of a medical condition which was pre-
existing at the commencement of
5
membership and is a medical condition in
respect of which a contract of insurance is
not available at a reasonable cost.
(4) A member's disability and death benefits
cover in force under this section ceases 30
10
days after the earlier of--
(a) section 21B(10) applying to that
member; or
(b) that member ceasing to be an employee
of a participating employer--
15
unless the Board otherwise determines.
(5) A member who is not a casual employee or
part-time contributor or who does not have
an entitlement to any disability or death
benefit under Part 3 may subject to such
20
conditions as are determined by the Board
apply in accordance with this section to
terminate, change or reinstate his or her
disability and death benefits cover.
(6) An application for death and disability
25
cover--
(a) must be in the form approved by the
Board; and
(b) must be accompanied by any
information required by the Board.
30
(7) The Board may require a member or a
contributor to submit to any medical
examinations that the Board considers
appropriate.
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(8) The Board may obtain any evaluation of any
medical examinations or other information
provided as the Board considers appropriate.
(9) The Board may--
(a) approve an application; or
5
(b) approve an application subject to any
variations the Board considers
appropriate; or
(c) in the case of an application to change
or reinstate the level of cover, refuse
10
the application on the ground that the
applicant has failed to pass a medical
examination or has not complied with
any requirement made by the Board; or
(d) in the case of an application to
15
terminate, change or reinstate the level
of cover, refuse the application on any
other ground that it considers
appropriate.
(10) If the Board approves an application (with or
20
without variations) the Board must
determine the day as from which disability
and death benefits cover is to be terminated,
changed or reinstated.
(11) If the Board refuses an application the Board
25
must advise the applicant of the refusal.
(12) An application for a disability benefit
provided for in this Part can only be made
during the period of 6 months immediately
after the member ceases to be employed by a
30
participating employer or, if the Board
considers that there are special and
exceptional circumstances which have
prevented an application being made by or
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on behalf of a member within that period,
any longer period determined by the Board.
21G. Disability and death insurance under
ESSPLAN
(1) The Board must if it is reasonably possible
5
enter into a contract of insurance in respect
of the total amount of members' disability
and death benefits cover in force under
section 21F on terms and conditions
acceptable to the Board.
10
(2) The Board must determine the proportion of
the amount of the premiums paid under sub-
section (1) which is to be debited to a
member's account.
(3) At any time before the payment of a benefit
15
to or in respect of a member under section
21H(1)(b), the Board may reduce that
member's disability and death cover or
impose terms and conditions on that cover
having regard to--
20
(a) any failure to obtain insurance under
sub-section (1) in respect of the whole
of the member's disability and death
benefits cover; and
(b) any terms and conditions imposed by
25
the relevant insurer in respect of
insurance secured by the Board under
sub-section (1).
21H. Amount and payment of disability or death
benefits
30
(1) Subject to sub-section (2) and section 21E, in
the case of the disability or death of a
member the benefit is to be equal to--
(a) the member's account balance at the
time the benefit is paid; and
35
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(b) where the member died or became
disabled while disability and death
benefits cover for him or her under
section 21F was in force, the amount of
any insurance proceeds received by the
5
Board under an insurance contract
entered into under section 21G, and
interest on the basis determined by the
Board in respect of the period up to the
time the benefit is paid.
10
(2) A disability benefit that is payable under this
Part is payable to that member.
(3) A death benefit in respect of a member that
is payable under this Part is payable to such
one or more of the member's dependants and
15
legal personal representatives and in such
proportions as the Board in its absolute
discretion determines.
21I. Member's accounts for ESSPLAN
(1) The Board must establish and maintain
20
within the Scheme a separate account for
each member.
(2) The Board must credit to a member's
account--
(a) any employer contributions made in
25
respect of that member; and
(b) any contributions made by the member;
and
(c) any net earnings calculated on the basis
of the net earning rate of ESSPLAN or
30
an investment fund; and
(d) any other amount payable to the
member's account, including any
amount transferred from a complying
superannuation fund.
35
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(3) The Board must debit to a member's
account--
(a) an amount determined by the Board in
respect of management and
administration costs incurred by the
5
Board in the administration of
ESSPLAN; and
(b) the amount of any premiums payable
by or in respect of the member
including any amount determined under
10
section 21G(2); and
(c) an amount determined by the Board in
respect of any tax paid or payable by
the Board in respect of contributions to
a member's account; and
15
(d) any net loss calculated on the basis of
the net earning rate of the Scheme or an
investment fund; and
(e) the amount of any benefit payable to
the member or payable in respect of the
20
member; and
(f) any amounts transferred to another
complying superannuation fund; and
(g) any other amount payable by the
member.
25
21J. Beneficiaries Accounts
(1) The Board may establish upon the request of
a beneficiary a special arrangement called a
beneficiary account.
(2) The payment of part or all of any lump sum
30
benefit payable under section 20D, 20F,
20G, 20H, 20J or 20K may be transferred to
this account.
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(3) The balance or any part of the balance of a
beneficiary account established under
sub-section (1) is payable to the beneficiary
or the legal personal representatives of the
beneficiary (as the case requires) on--
5
(a) the request of the beneficiary, in a form
approved by the Board and in
accordance with section 21K(3); or
(b) the death of the beneficiary, upon
application by the legal personal
10
representatives in a form approved by
the Board in which case the whole of
the balance of the account is payable.
(4) If any lump sum benefit is not paid within 14
days of the date of termination of service of
15
a contributor, the unpaid benefit is deemed to
have been transferred to a beneficiary
account on the date of termination of service
at a net earning rate and in such fund as the
Board in its discretion considers appropriate
20
in the circumstances at that time.
(5) The balance of a beneficiary account
established under sub-section (4) is payable
to the beneficiary or the legal personal
representative of the beneficiary (as the case
25
requires) on--
(a) the request of the beneficiary, in a form
approved by the Board and in
accordance with section 21K(3); or
30
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(b) unless the Board otherwise determines
the expiry of one year from the date of
termination of service of the
beneficiary; or
(c) the death of the beneficiary, upon
5
application by the legal personal
representatives in a form approved by
the Board in which case the whole of
the balance of the account is payable--
whichever first occurs.
10
21K. Investment funds
(1) The Board may establish special
arrangements within the Scheme to be called
investment funds.
(2) The Board may, with the consent of a
15
beneficiary or member, treat the whole or
part of a beneficiary's or member's account
as forming part of an investment fund.
(3) The Board may allow a beneficiary or
member to elect, at such time and on such
20
terms as the Board determines, to withdraw
the whole or part of a beneficiary's or
member's account from an investment fund
and to treat the whole or part of the same as
forming part of the Scheme or a different
25
investment fund or to pay the whole or part
to that beneficiary or member.
(4) If any part of a beneficiary's or member's
account balance is treated as forming part of
an investment fund, the adjustment to the
30
beneficiary's or member's account balance
under section 21L must have regard to that
particular investment.
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21L. Net earning rate
(1) Subject to sub-section (2), the Board must at
the end of such periods as it determines
increase or decrease the balance in a
beneficiary's or member's account by the net
5
earning rate of the Scheme during the
relevant period.
(2) If the whole or part of the balance of a
beneficiary's or member's account comprised
a particular investment fund during the
10
relevant period the whole or part of the
balance of the beneficiary's or member's
account must be increased or decreased by
the net earning rate of the particular
investment fund during the relevant period.
15
(3) For the purpose of calculating and paying
benefits under this Part, the Board may from
time to time determine an interim net earning
rate having regard to the expected net
earning rate of the Scheme or particular
20
investment fund during the relevant period.
21M. Transfer of preserved benefit
(1) If a benefit under this Part is required by the
specified standards to be preserved and a
participating employer has certified in
25
writing to the Board in accordance with
section 21B(8), the member entitled to the
benefit is entitled to have the amount of
preserved benefit transferred to another
complying superannuation fund and may
30
apply to the Board to make the transfer.
(2) Subject to section 27, the Board must
transfer that amount to that other complying
superannuation fund.
35
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21N. Transfer to or from new scheme
(1) The Board may, with the consent of a
member or beneficiary, transfer the member
or beneficiary to another complying
superannuation fund.
5
(2) The Board must determine the assets that are
to be transferred from the new scheme and
the terms and conditions that are to apply to
the transfer as a result of a transfer of a
member or beneficiary under sub-section (1).
10
(3) The Board may accept on such terms and
conditions as the Board determines the
transfer to the new scheme of a member or
other beneficiary of another complying
superannuation fund.
15
21O. Transfer of benefits to other fund
(1) If a member or beneficiary--
(a) is entitled to a benefit or part of a
benefit under this Part which is not
required by the specified standards to
20
be preserved; and
(b) is a member, or has applied to become
a member, of another complying
superannuation fund--
the member or beneficiary is entitled to have
25
the amount of that benefit or that part of that
benefit transferred to that complying
superannuation fund and may apply to the
Board to make the transfer.
(2) Subject to section 27, the Board must
30
transfer that amount to that other complying
superannuation fund.'.
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Superannuation Acts (Further Amendment) Act 1996
s. 12
Act No.
12. New section 23A inserted
Before section 24 of the Emergency Services
Superannuation Act 1986 insert--
"23A. Application for disability benefit
(1) An application for a disability benefit must
5
be made to the Board by or on behalf of a
member, former member, contributor or
police recruit, in a form approved by the
Board.
(2) The applicant may provide medical evidence
10
to the Board in support of the application.
(3) The Board is to determine the issue of
disability in accordance with section 24.".
13. Amendment of section 26
Section 26(5) of the Emergency Services
15
Superannuation Act 1986 is repealed.
14. New section 26A inserted
After section 26 of the Emergency Services
Superannuation Act 1986 insert--
"26A. Early release of benefits
20
(1) The Board may approve the early release of
part or all of the vested benefit of a
contributor, former contributor or member in
accordance with the specified standards.
(2) The Board must determine--
25
(a) the amount of the vested benefit to be
released; and
(b) the method of payment of that amount;
and
30
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Superannuation Acts (Further Amendment) Act 1996
s. 15 Act No.
(c) the reduction to be made to the vested
benefit--
in accordance with the specified standards.".
15. Section 27 substituted
For section 27 of the Emergency Services
5
Superannuation Act 1986 substitute--
"27. Money owing to the Scheme
(1) The Board may recover any amount of
money owing to the Scheme by a member,
contributor, beneficiary, participating
10
employer or any other person together with
interest on that amount in accordance with
sub-section (2)--
(a) if any amount is or becomes payable
from the Scheme to that member,
15
contributor, beneficiary, participating
employer or other person by the Board
deducting it from that amount; or
(b) in any other case as a debt in any court
of competent jurisdiction.
20
(2) Interest at the rate for the time being fixed
under section 2 of the Penalty Interest
Rates Act 1983 is payable on any amount
owing to the Scheme calculated from the
date on which the amount becomes due until
25
the date on which the amount is paid or
otherwise under sub-section (1).".
16. New section 28A inserted
After section 28 of the Emergency Services
Superannuation Act 1986 insert--
30
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Superannuation Acts (Further Amendment) Act 1996
s. 17
Act No.
"28A. Payment of benefits if person is incapable
If a person who would ordinarily be entitled
to receive benefits is--
(a) a person who is in the opinion of the
Board incapable of managing his or her
5
affairs or of unsound mind; or
(b) an involuntary patient or a security
patient within the meaning of the
Mental Health Act 1986; or
(c) a represented person under the
10
Guardianship and Administration
Board Act 1986--
the Board may cause his or her benefits or
any part of the benefits to be paid to his or
her guardian or administrator, or, if there is
15
no guardian or administrator, to a person
nominated by the Board for the benefit of
that person and his or her dependants or any
of them until he or she ceases to be incapable
or of unsound mind, a patient or a
20
represented person.".
17. Amendment of section 29
(1) In section 29(2) of the Emergency Services
Superannuation Act 1986 for "one penalty unit"
substitute "10 penalty units".
25
(2) After section 29(2) of the Emergency Services
Superannuation Act 1986 insert--
"(3) The Board may at any time require--
(a) a participating employer to furnish any
returns and information with respect to
30
any person as the Board may require
for the purpose of the ESSPLAN
Scheme; and
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(b) any person entitled or claiming to be
entitled to a benefit to furnish any
returns and information (including the
report of any registered medical
practitioner) as the Board may require
5
for the purposes of the ESSPLAN
Scheme.
(4) Subject to the Freedom of Information Act
1982, the Board must not disclose other than
with the written consent of the member to
10
any person except a court or the person to
whom the report relates, information
contained in the report of a registered
medical practitioner given to the Board
under sub-section (3)(b).
15
(5) Despite any Act or rule of law or practice to
the contrary, the Board is not prevented on
the ground of medical professional privilege
from producing in any legal proceedings any
report referred to in sub-section (4).".
20
18. Amendment of section 29A
After section 29A(1)(c) of the Emergency
Services Superannuation Act 1986 insert--
"; and
(d) specify the circumstances (other than death,
25
disability or ill health) in which an
application for an early release of benefits
may be made; and
(e) specify the benefits in respect of which an
application for an early release may be
30
made; and
(f) specify the method, manner and form in
which benefits which are the subject of an
application for an early release of benefits
may be paid.".
35
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Superannuation Acts (Further Amendment) Act 1996
s. 19
Act No.
19. Amendment of regulation-making powers
(1) Sections 30 and 30A of the Emergency Services
Superannuation Act 1986 are repealed.
(2) In section 31(1) of the Emergency Services
Superannuation Act 1986 omit all words and
5
expressions after "or necessary to be prescribed".
(3) In section 32 of the Emergency Services
Superannuation Act 1986 for "sections 30, 30A
and 31" substitute "this Act".
20. Consequential amendments
10
(1) In section 3 of the Emergency Services
Superannuation Act 1986, in the definition of
"employee" for paragraph (e) substitute--
"(e) an officer of the Department of Natural
Resources and Environment who is a
15
permanent officer who is employed full time
in operational fire protection duties and is
declared or is within a class of persons which
are declared for the purposes of this Act by
the Minister by notice published in the
20
Government Gazette; or".
(2) In section 3 of the Emergency Services
Superannuation Act 1986, in the definition of
"employee" for paragraph (f) substitute--
"(f) an employee of the Ambulance Officer's
25
Training Centre or of Ambulance Service-
Victoria within the meaning of the
Ambulance Services Act 1986 or any other
ambulance service declared for the purposes
of this Act by the Minister by notice
30
published in the Government Gazette; or".
(3) In section 3 of the Emergency Services
Superannuation Act 1986, in the definition of
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Superannuation Acts (Further Amendment) Act 1996
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"pensioner" for "the regulations" substitute "this
Act".
(4) In section 4(1A) of the Emergency Services
Superannuation Act 1986 after "prescribed
period" insert "under the Emergency Services
5
Superannuation (Election to Contribute)
Regulations 1988".
(5) In section 4(1B) of the Emergency Services
Superannuation Act 1986--
(a) for "Department of Conservation, Forests
10
and Lands" substitute "Department of
Natural Resources and Environment";
(b) for "prescribed" substitute "declared".
(6) After section 4(1B) of the Emergency Services
Superannuation Act 1986 insert--
15
"(1BA) If an officer to whom sub-section (1B)
applies--
(a) does not make an election under that
sub-section; and
(b) subsequently ceases to hold the office
20
referred to in that sub-section; and
(c) continues to be eligible to be a member
of a public sector superannuation
scheme--
the officer may within the period of 3
25
months after ceasing to hold that office elect
to continue to contribute to the Scheme or to
transfer to the new scheme under the State
Superannuation Act 1988.".
(7) In section 4(2) of the Emergency Services
30
Superannuation Act 1986--
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Superannuation Acts (Further Amendment) Act 1996
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(a) for "prescribed ambulance service"
substitute "declared ambulance service";
and
(b) after "prescribed period" insert "under the
Emergency Services Superannuation
5
(Transfer Period) Regulations 1987 or a
subsequent period determined by the Board".
(8) In section 4(7) of the Emergency Services
Superannuation Act 1986 for "the date on which
regulations establishing the ESSPLAN Scheme
10
come into operation" substitute "1 January 1994".
(9) In section 4A(1) of the Emergency Services
Superannuation Act 1986 omit "or of the
regulations under this Act".
(10) In Part 4 of the Emergency Services
15
Superannuation Act 1986, section 21 is
repealed.
21. Revocation of regulations
(1) The following Regulations are revoked by virtue
of this section--
20
(a) the Emergency Services Superannuation
Scheme Regulations 1987 (Statutory Rule
No. 7/1987);
(b) the Emergency Services Superannuation
Board Election Regulations 1987 (Statutory
25
Rule No. 269/1987);
(c) the Emergency Services Superannuation
(Transfer Period) Regulations 1987
(Statutory Rule No. 30/1987);
(d) the Emergency Services Superannuation
30
(Prescribed Ambulance Services) and
(Transfer Period) (Amendment) Regulations
1987 (Statutory Rule No. 61/1987);
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Superannuation Acts (Further Amendment) Act 1996
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(e) the Emergency Services Superannuation
(Police Recruits) Regulations 1987
(Statutory Rule No. 131/1987);
(f) the Emergency Services Superannuation
(Prescribed Offices) Regulations 1987
5
(Statutory Rule No. 393/1987);
(g) the Emergency Services Superannuation
(Election to Contribute) Regulations 1988
(Statutory Rule No. 476/1988).
(2) The Interpretation of Legislation Act 1984
10
applies in respect of the Regulations revoked by
sub-section (1) as if the Regulations were Acts
repealed or repealed and re-enacted (as the case
may be) by an Act and the previous operation of
the Regulations or anything duly done or suffered
15
under the Regulations is not affected by the
revocation thereof.
_______________
531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
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Superannuation Acts (Further Amendment) Act 1996
s. 22
Act No.
PART 4--AMENDMENT OF HOSPITALS
SUPERANNUATION ACT 1988
22. Amendment of section 3
(1) In section 3(1) of the Hospitals Superannuation
Act 1988, insert the following definitions--
5
' "basic benefit" means a benefit payable under
section 33;
"contribution" means a payment made to the
Board (whether actually or notionally) by or
for a member in accordance with section 29,
10
30, 31, 41 or 42(4)(c) of the Act, or section
28A, 30, 31, 32, 35B, 35ZB or 35ZF of the
Hospitals Superannuation Act 1965;
"contributory benefit", in relation to Part 6,
means a benefit other than a basic benefit;
15
"fund year" means a period of 12 months
commencing on 1 July in any year;
"salary" means--
(a) in relation to a member who is a casual
employee, the amount, determined and
20
computed by the Board, of the total of
all amounts payable to the member on
an annual basis as remuneration under
the relevant award determination,
excluding any expense of office,
25
uniform allowance or reimbursement of
travelling or other incidental expenses;
(b) in relation to any other member, the
amount, determined and computed by
the Board, of the annual rate of
30
remuneration for the time being
payable periodically and regularly to a
member by an employer, excluding any
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Superannuation Acts (Further Amendment) Act 1996
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expense of office, uniform allowance or
reimbursement of travelling or other
incidental expenses and all other
allowances which would not ordinarily
be payable on a periodical and regular
5
basis; and
(c) in the case of a contributor who is an
employee of a union or employee
organisation--
(i) the salary of the employee
10
immediately before becoming a
full-time officer of the union or
employee organisation; or
(ii) any greater salary as is paid to the
contributor by the union or
15
employee organisation and
approved by the Board;
(d) in relation to the benefits (other than
basic benefits) of a part-time
contributor, the salary which would be
20
payable at that time to a person in
similar employment on a full-time
basis; and
(e) if a contributor's salary has been
reduced and the Board has agreed that
25
the reduction is not to be taken into
account, the greater, from time to time,
of--
(i) the salary of the contributor
immediately before the reduction;
30
or
(ii) the reduced salary of the
contributor;'.
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Superannuation Acts (Further Amendment) Act 1996
s. 23
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(2) In section 3(1) of the Hospitals Superannuation
Act 1988 for the definition of "retrenchment"
substitute--
' "retrenchment" means the termination of the
employment or service of a member who has
5
not attained the minimum retirement age and
in respect of whom the participating
institution certifies in writing to the Board
that the member has been retrenched for the
purposes of this Act;'.
10
23. Repeal of section 18
Section 18 of the Hospitals Superannuation Act
1988 is repealed.
24. Amendment of section 23
In section 23(3) of the Hospitals Superannuation
15
Act 1988 for "12" substitute "6".
25. New Part inserted
After Part 4 of the Hospitals Superannuation
Act 1988 insert--
'PART 4A--OLD SCHEME
20
25A. Definitions
In this Part--
"contributory service" means the period of
service calculated in years (including
fractions appropriate to complete
25
months) during which a contributor has
contributed (or is deemed to have
contributed under Part IIIA of the
previous Act) to the Fund and
includes--
30
(a) any leave of absence during
which the contributor continues
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Superannuation Acts (Further Amendment) Act 1996
s. 25 Act No.
to receive salary from the
employer or periodic payments
under the Accident
Compensation Act 1985 and
continues to make contributions;
5
and
(b) any leave of absence without pay
or with reduced pay on account of
illness or injury certified by a
registered medical practitioner
10
during which the contributor and
the employer continue to make
contributions without reduction;
and
(c) any other leave of absence
15
approved by an employer during
which a contributor has made
contributions in accordance with
section 42(4)(c) or in accordance
with section 30(4)(c) of the
20
previous Act; and
(d) any period in respect of which the
contributor has made
contributions in accordance with
section 28A of the previous Act;
25
and
(e) (if relevant to the calculation of
contributory benefits on death or
retirement due to disability),
prospective service recognised by
30
the Board;
but does not include--
(f) any period in excess of 4 weeks
in respect of which no
contribution payments are made
35
to the Fund; or
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Superannuation Acts (Further Amendment) Act 1996
s. 25
Act No.
(g) any period in respect of which a
benefit has previously been paid;
or
(h) any leave of absence during
which a contributor has made
5
contributions in accordance with
section 42(4)(b) or in accordance
with section 30(4)(b) of the
previous Act;
"deferral account balance" means, in
10
relation to a former contributor--
(a) the amount in a beneficiary's
account which was established
under the previous Regulations;
or
15
(b) the amount of the entitlement to a
deferred benefit under this Part
which represents the old scheme
contributor's member's account
balance at the date of termination
20
of service; or
(c) the amount of the unpaid balance
of a lump sum disability benefit
being paid in more than one
payment under section 25G(5)--
25
and the amount of any net earnings or
net loss calculated on the basis of the
net earning rate of the Fund as
determined by the Board;
"disability" has the meaning it has in
30
section 3, but where appropriate, as if
the words "before the age of 60 years"
were omitted;
"old pension scheme contributor" means a
person who as at 30 June 1988 was
35
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s. 25 Act No.
(except during any leave of absence)
making or deemed to be making
pension scheme contributions and who
after that date continues to make
contributions (except during any leave
5
of absence) until the termination of his
or her service (subject to section 30(5),
25R(2) or 25R(3) as appropriate) at the
rate at which he or she was contributing
at that date or at 6% of Fund salary;
10
"old scheme contributor" means a
contributor to the Fund as at 30 June
1988 who (except during any leave of
absence) continues to make
contributions after that date;
15
"old scheme contributor's member's
account balance" means in relation to
an old scheme contributor, the total,
from time to time, of--
(a) the total balance at 30 June 1988
20
of all the "member's accounts"
maintained for the contributor
under the previous Regulations;
and
(b) 25% of the balance in paragraph
25
(a) which the Board determines is
attributable to the member's
employment with a participating
institution on or after 1 January
1964 or, in the case of a person
30
who transferred from a Part IVA
scheme under section 11(4A) of
the previous Act, on or after the
date of becoming a member; and
(c) 7% of the contributor's Fund
35
salary during periods of
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Superannuation Acts (Further Amendment) Act 1996
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Act No.
contributory service from 1 July
1988 to 30 June 1993, and for
each year of contributory service
after 30 June 1993 a percentage
of the contributor's Fund salary as
5
follows--
Period of Membership % per annum of contributor's Fund Salary
Employer's Employer's
aggregate payroll $1 aggregate payroll
million or less in the more than $1
base year for the million in the base
purposes of C'lth year for the
Law purposes of C'lth
Law
1 July 1993 to 30 June 1994 6 4
1 July 1994 to 30 June 1995 5 4
1 July 1995 to 30 June 1996 4 3
1 July 1996 to 30 June 1997 3 3
1 July 1997 to 30 June 1998 3 3
1 July 1998 to 30 June 1999 2 2
1 July 1999 to 30 June 2000 2 2
1 July 2000 to 30 June 2001 1 1
1 July 2001 to 30 June 2002 1 1
From 1 July 2002 0 0
; and
(d) the amount of any net earnings or
net loss calculated on the basis of
the net earning rate of the Fund as
10
determined by the Board;
"pension scheme contribution" means a
payment made to the Board by or in
respect of a contributor in accordance
with section 35B or 35ZF of the
15
previous Act;
"pensioner" means any person who is
entitled to receive a pension (other than
a pension calculated by reference to
section 36) under this Part or the
20
previous Act;
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"previous Act" means the Hospitals
Superannuation Act 1965;
"previous Regulations" means the
Hospitals Superannuation (Fund)
Regulations 1985.
5
25B. Medical classifications for old scheme
contributors
(1) For the purposes of section 25C, each old
scheme contributor is to be assigned a single
medical classification in the following
10
manner--
(a) The highest classification of the
contributor under the previous Act is to
be ascertained (out of all the
classifications allocated to him or her
15
for lump sum death, lump sum
disability or pension), after ranking the
classification as follows--
Death
Lump Disability
Rank Sum Lump Sum Pension
1st 1 A F
2nd 2 B
3rd L
4th 3 C
5th 4 D
6th 0 O S
(b) Classifications for the purposes of this
Act are to be assigned according to the
20
contributor's highest classification (or
equal-highest classifications) under the
previous Act as ascertained under
paragraph (a), as follows--
Percentage
Medical applied under
Rank Classification section 25C
1st A 100
2nd A 100
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Act No.
3rd B 75
4th C 50
5th D 25
6th O 0;
(c) Despite anything to the contrary in this
sub-section, a contributor with more
than 20 years' service is to be assigned
an "A" classification.
(2) An old scheme contributor who has not yet
5
been examined may undergo an examination
(at the Board's expense) or supply
information of a medical nature as the Board
requires, in order to be assigned a medical
classification under sub-section (1).
10
25C. Benefits payable in accordance with
transitional medical classifications
Subject to section 25H(5), that portion of a
death or disability benefit (other than a basic
benefit) payable to an old scheme contributor
15
under this Act which is calculated in respect
of the unexpired period of contributory
service following the date of death or
retirement due to disability, must be adjusted
by multiplying it by the percentage set out
20
next to the contributor's medical
classification code specified in section 25B.
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25D. Accrued retirement benefits for old scheme
contributors to whom section 31 applies
(1) If a member who at 30 June 1988 was
making or was deemed to be making pension
scheme contributions (except during any
5
leave of absence without pay) continues
under section 31 to contribute at a rate other
than 6% of Fund salary in respect of any
period after 30 June 1988, the accrued
retirement benefit determined in respect of
10
that member in calculating any benefits
under Part 6 is to be calculated as if during
that period the member were contributing at
the rate of 6% of Fund salary.
(2) If a member to whom sub-section (1) does
15
not apply continues under section 31 to
contribute at the rate of 3·5% of Fund salary
in respect of any period after 30 June 1988,
the accrued retirement benefit determined in
respect of that member in calculating any
20
benefits under Part 6 is to be calculated as if
during that period the member were
contributing at the rate of 3% of Fund salary.
25E. Additional benefits for contributory service
before 1 July 1988
25
(1) For the purposes of Part 6, the accrued
retirement benefit of an old scheme
contributor is not subject to the limit in
section 34(2), and includes--
(a) 10% of the adjusted final Fund salary
30
of the contributor for each year (not
exceeding 40) of contributory service
completed before 1 July 1988 during
which pension scheme contributions
were made or deemed to have been
35
made by that contributor; and
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s. 25
Act No.
(b) 10% of the adjusted final Fund salary
of the contributor for each year of
contributory service completed before 1
July 1988 or any greater multiple of
adjusted final Fund salary that is fixed
5
by the Board having regard to the old
scheme contributor's member's account
balance at 30 June 1988.
(2) For the purposes of section 37, the adjusted
member contributions of an old scheme
10
contributor are to include a multiple of
adjusted final Fund salary that is fixed by the
Board having regard to the resignation
benefit of the contributor under the previous
Act or under the previous Regulations as at
15
30 June 1988.
(3) For the purposes of section 37, the balance
of the accrued retirement benefit of an old
scheme contributor as at 30 June 1988 is to
be the amount calculated under sub-section
20
(1) less the amount calculated under
sub-section (2).
25F. Retirement benefit option
(1) An old pension scheme contributor who
retires for any reason having attained the age
25
of 55 years may elect to substitute for the
benefit payable under section 34 a benefit
comprising an annual pension and a lump
sum in accordance with this section.
(2) The annual pension is an annual pension at
30
the rate of--
(a) five-sixths of one per cent of adjusted
final Fund salary for each year of
contributory service before 1 July 1988
during which pension scheme
35
contributions were made or deemed to
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Superannuation Acts (Further Amendment) Act 1996
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have been made by that contributor;
and
(b) five-sixths of one per cent of adjusted
final Fund salary for each year of
contributory service after 30 June
5
1988--
which is to be--
(i) multiplied by the following
fraction--
12·0/C--
10
where C represents the lump sum
factor set out in the table below
for the age in completed years and
months at which the pension
becomes payable, or (if the
15
contributor retires having attained
the age of 66 years) increased by
an amount that is determined by
the Board upon the advice of an
actuary appointed by the Board;
20
Amount to be subtracted
from lump sum factor for
Lump sum each additional
Age factor completed month of age
55 13.6 0.0167
56 13.4 0.0167
57 13.2 0.0167
58 13.0 0.0167
59 12.8 0.0167
60 12.6 0.0167
61 12.4 0.0083
62 12.3 0.0083
63 12.2 0.0083
64 12.1 0.0083
65 12.0 0.0083
; and
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Superannuation Acts (Further Amendment) Act 1996
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Act No.
(ii) increased in accordance with
section 53; and
(iii) payable until the person receiving
the pension dies.
(3) The lump sum is a lump sum which is the
5
greater of--
(a) the amount set out in section 25E(1)(b)
plus--
(i) for each year of contributory
service after 30 June 1988 and
10
before 1 July 1993, 8% of the
adjusted final Fund salary of the
contributor; and
(ii) for each year of contributory
service after 30 June 1993 a
15
percentage of the contributor's
adjusted final Fund salary as
follows--
Period of Membership % per annum of contributor's adjusted final
Fund Salary
Employer's
aggregate payroll Employer's aggregate
$1 million or less in payroll more than $1
the base year for the million in the base
purposes of C'lth year for the purposes
Law of C'lth Law
1 July 1993 to 30 June 1994 6 4
1 July 1994 to 30 June 1995 5 4
1 July 1995 to 30 June 1996 4 3
1 July 1996 to 30 June 1997 3 3
1 July 1997 to 30 June 1998 3 3
1 July 1998 to 30 June 1999 2 2
1 July 1999 to 30 June 2000 2 2
1 July 2000 to 30 June 2001 1 1
1 July 2001 to 30 June 2002 1 1
From 1 July 2002 0 0
; or
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(b) the old scheme contributor's member's
account balance.
25G. Disability benefit option
(1) An old pension scheme contributor who
retires on the ground of disability before
5
attaining the age of 65 years may elect to
substitute for the benefit payable under either
section 34 or 36, a benefit comprising
(subject to section 49) a pension and lump
sum and any child's allowance in accordance
10
with this section.
(2) The pension is a pension calculated in
accordance with section 25F, as if--
(a) the contributor had retired having
attained the age of 65 years; and
15
(b) the contributor's contributory service
included prospective service to the date
on which he or she would attain the age
of 65 years--
and reduced where appropriate by any
20
percentage applicable on account of health
impairment under section 25C.
(3) The lump sum is a lump sum which is the
greater of--
(a) the amount set out in section 25E(1)(b)
25
plus--
(i) for each year of contributory
service after 30 June 1988 and
before 1 July 1993, 8% of the
adjusted final Fund salary of the
30
contributor; and
(ii) for each year of contributory
service after 30 June 1993 a
percentage of the contributor's
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adjusted final Fund salary as
follows--
Period of Membership % per annum of contributor's adjusted final
Fund Salary
Employer's
aggregate payroll Employer's aggregate
$1 million or less in payroll more than $1
the base year for the million in the base
purposes of C'lth year for the purposes
Law of C'lth Law
1 July 1993 to 30 June 1994 6 4
1 July 1994 to 30 June 1995 5 4
1 July 1995 to 30 June 1996 4 3
1 July 1996 to 30 June 1997 3 3
1 July 1997 to 30 June 1998 3 3
1 July 1998 to 30 June 1999 2 2
1 July 1999 to 30 June 2000 2 2
1 July 2000 to 30 June 2001 1 1
1 July 2001 to 30 June 2002 1 1
From 1 July 2002 0 0
as if the contributor's contributory
service included prospective service to
the date on which he or she would
5
attain the age of 65 years, reducing the
benefit in respect of prospective service
where appropriate by any percentage
applicable on account of health
impairment under section 25C; or
10
(b) the old scheme contributor's member's
account balance, plus a percentage of
the contributor's adjusted final Fund
salary for each year of prospective
contributory service to the date on
15
which he or she would attain the age of
65 years as follows--
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Period of Membership % per annum of contributor's Fund Salary
Employer's
aggregate payroll Employer's aggregate
$1 million or less in payroll more than $1
the base year for the million in the base
purposes of C'lth year for the purposes
Law of C'lth Law
1 July 1993 to 30 June 1994 6 4
1 July 1994 to 30 June 1995 5 4
1 July 1995 to 30 June 1996 4 3
1 July 1996 to 30 June 1997 3 3
1 July 1997 to 30 June 1998 3 3
1 July 1998 to 30 June 1999 2 2
1 July 1999 to 30 June 2000 2 2
1 July 2000 to 30 June 2001 1 1
1 July 2001 to 30 June 2002 1 1
From 1 July 2002 0 0
and reducing the benefit in respect of
prospective service where appropriate
by any percentage applicable on
account of health impairment under
section 25C.
5
(4) The child's allowance is any child's
allowance determined in accordance with
section 25S.
(5) A disability lump sum benefit payable under
or in accordance with this section may be
10
paid by the Board in one payment or in more
than one payment as determined by the
Board.
25H. Death benefits option
(1) Upon the death of an old pension scheme
15
contributor, the dependant or the personal
representative of that contributor whom the
Board has determined is the appropriate
person to make the election may elect to
substitute for the benefit payable under
20
section 35 a benefit comprising a benefit and
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lump sum and any child's allowance in
accordance with this section.
(2) The benefit is a benefit being either--
(a) subject to sub-section (6), an annual
pension to the spouse (or if there is no
5
spouse, any other dependant of the
deceased contributor as the Board
determines appropriate, except a child
of the deceased contributor) equal to
two-thirds of the pension to which the
10
deceased contributor would have been
entitled under section 25G(2) if at the
date of death--
(i) he or she had retired on the
ground of disability; and
15
(ii) if subject to a "B" medical
classification he or she was in fact
subject to an "A" medical
classification--
which is (subject to section 25P) to be
20
payable until the person receiving the
pension dies; or
(b) if there is no spouse or dependant other
than a child of the deceased contributor,
to the personal representative of the
25
deceased contributor an amount equal
to--
(i) that proportion of the multiple
fixed in accordance with section
25E(2) which the Board
30
determines represents pension
scheme contributions made by the
contributor before 1 July 1988;
and
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(ii) one-half of the contributor's
adjusted member contributions
calculated as from 1 July 1988--
less an amount determined by an
actuary appointed by the Board to be
5
required for the payment of any child's
allowance payable under section 25S.
(3) A lump sum to be apportioned by the Board
between those of the dependants of the
deceased contributor or the legal personal
10
representative of the deceased contributor as
the Board considers appropriate, which is to
be (subject to sub-section (6)) calculated in
accordance with section 25G(3) as if the
deceased contributor had retired on the
15
ground of disability at the date of death.
(4) The child's allowance is any child's
allowance determined in accordance with
section 25S.
(5) A pension or lump sum benefit payable
20
under this section or section 35 to an old
scheme contributor is not to be reduced on
account of health impairment if, in the
opinion of the Board, the death arose from
causes outside the contributor's own control
25
or outside the control of any person who
would benefit from the contributor's death,
and was unconnected with the circumstances
which resulted in the contributor having been
assigned a classification other than "A"
30
under section 25B.
(6) If an old scheme contributor who has
attained 65 years of age dies before
retirement,
sub-section (1) applies as if--
35
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(a) any pension payable under sub-section
(2)(a) were equal to two-thirds of the
pension to which the deceased
contributor would have been entitled
under section 25F if at the date of death
5
he or she had retired; and
(b) any lump sum payable under sub-
section (3) were calculated in
accordance with section 25F as if the
deceased contributor had retired at the
10
date of death.
25I. Minimum death and disability benefit
The Board must pay to any person entitled to
receive a benefit under section 25G(3) or
25H(3) as a result of an election made under
15
either of those sections any amount by which
that benefit when added to the contributor's
basic benefit is less than an amount
determined by the Board upon the advice of
an actuary appointed by the Board which is
20
not greater than the lump sum benefit that
would have been payable under the previous
Act had the contributor died on 30 June 1988
and had been subject to a "1" medical
classification at that date.
25
25J. Retrenchment benefit option
An old pension scheme contributor who is
retrenched may elect to substitute for the
benefit payable under section 38 a benefit,
subject to section 58B, calculated in
30
accordance with section 25F as if the
contributor had retired having attained the
age of 65 years at the date of retrenchment,
except that any pension entitlement is to be
deferred and payable in accordance with
35
section 25V.
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25K. Deferred resignation benefit option
An old pension scheme contributor who
resigns or is dismissed and to whom no other
benefits are payable under this Part may
elect to substitute for all benefits payable
5
under section 37 a benefit deferred and
payable in accordance with section 25V
being, at the election of the contributor,
either--
(a) an amount calculated in accordance
10
with section 38; or
(b) an amount calculated in accordance
with section 25J.
25L. Options for contributors who are paying at
3·5% or 6%
15
An old scheme contributor who is not an old
pension scheme contributor and who
continues to make contributions at the rate of
either 3.5% or 6% of Fund salary until the
termination of his or her service (subject to
20
section 30(5) or section 25R(2) or 25R(3) as
appropriate) may elect to substitute for
benefits calculated under section 34, 35, 36,
37 or 38 a benefit calculated in accordance
with--
25
(a) in the case of retirement, early
retirement or retrenchment, section
25F(3); or
(b) in the case of resignation, at the
election of the contributor either--
30
(i) section 25F(3) (deferred and
payable in accordance with
section 25V); or
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(ii) section 34 (deferred and payable
in accordance with section 25V);
or
(c) in the case of disability, section 25G(3)
and 25G(4) and payable in accordance
5
with section 25G(5); or
(d) in the case of death, sections 25H(3),
25H(4) and 25H(6).
25M. Additional death and disability benefits
A member who as at 30 June 1988 was
10
paying premiums for additional death or
disability benefits under regulation 7(3) of
the previous Regulations may continue to
pay premiums and be entitled to benefits as
under that regulation, provided that the
15
member's total level of cover under that
regulation in respect of any Fund year after
that date is to be no higher than the total
level of cover under that regulation in
respect of the Fund year ending on 30 June
20
1988.
25N. Death of a pensioner
(1) Upon the death of a former contributor to the
Fund to whom a pension is payable under
this Part or under the previous Act (other
25
than a pension payable in accordance with
section 36 or 43B), there is payable a benefit
comprising a benefit in accordance with sub-
section (2) and any child's allowance.
(2) The benefit is a benefit being--
30
(a) subject to sub-section (4), a pension to
the spouse (or if there is no spouse to
any other dependant of the deceased
former contributor as the Board
determines appropriate, except a child
35
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of the deceased former contributor)
equal to two-thirds of the pension
payable to the deceased former
contributor at the time of his or her
death; or
5
(b) if there is no spouse or dependant other
than a child of the deceased former
contributor, to the personal
representative of the deceased former
contributor an amount equal to--
10
(i) that proportion of the multiple
fixed in accordance with section
25E(2) which the Board
determines represents pension
scheme contributions made by the
15
contributor before 1 July 1988,
and one-half of any adjusted
member contributions calculated
as from 1 July 1988; less
(ii) the total amount of pension
20
payments already made to the
deceased former contributor,
together with an amount
determined by an actuary
appointed by the Board to be
25
required for the payment of any
child's allowance under section
25S.
(3) The child's allowance is any child's
allowance determined in accordance with
30
section 25S.
(4) If the deceased former contributor was
receiving a disability pension and at the date
of his or her retirement on the ground of
disability was subject to a "B" medical
35
classification, or, having died before 1 July
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1988 was subject to a "Limited" pension
classification under the previous Act, the
benefit under sub-section (2)(a) is to be
calculated as if the deceased former
contributor had been entitled to full benefits
5
at the date of his or her retirement on the
ground of disability.
25O. Death of a former contributor entitled to
outstanding instalment of disability lump
sum benefit
10
Upon the death of a former contributor to the
Fund to whom any outstanding instalment of
a disability lump sum benefit is payable
under this Part or under the previous
Regulations, there is payable to those of the
15
deceased former contributor's dependants as
the Board considers appropriate (or if there
are no dependants, to the deceased former
contributor's personal representative), a
benefit comprising--
20
(a) the deceased former contributor's
deferral account balance; and
(b) in the case of a contributor who became
a member of the Fund before 1 January
1981 and who became entitled to a
25
disability benefit before 1 July 1988,
any amount that the Board determines
is appropriate having regard to
regulations 15 and 16 of the previous
Regulations.
30
25P. No entitlement to multiple pensions
(1) Despite anything to the contrary in this Part
or under the previous Act, a person is not
entitled--
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(a) to a pension under this Part or under the
previous Act as the spouse of a
deceased contributor or deceased
former contributor in respect of any
period during which he or she is the
5
spouse of another person; or
(b) to receive at any time, under this Part or
under the previous Act, more than one
pension as the spouse or dependant of a
deceased contributor or deceased
10
former contributor (but any person who
is entitled to a pension as the spouse or
dependant of more than one deceased
contributor or former contributor will
be entitled to whichever of the pensions
15
is the greater); or
(c) to receive at the same time, under this
Part or under the previous Act, a
pension as a former contributor and a
pension as the spouse of a deceased
20
former contributor if he or she became
the spouse of the deceased former
contributor after the retirement of the
deceased former contributor (but so
long as he or she would but for this
25
paragraph be entitled to both of those
pensions, he or she will be entitled to
whichever pension is the greater).
(2) If a person becomes the spouse of a
pensioner after the pensioner's retirement, a
30
pension is not payable to the spouse on the
death of the pensioner unless--
(a) at the time that the person became the
pensioner's spouse, the pensioner was
receiving a disability retirement
35
pension and had not attained the age of
60 years; or
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(b) the person became the pensioner's
spouse at least 3 years before the
pensioner's death.
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(3) If a spouse--
(a) is entitled to a pension by virtue of sub-
section (2)(b); and
(b) was more than 3 years younger than the
pensioner--
5
the pension payable to the spouse is to be
reduced to the pension that in the opinion of
an actuary appointed by the Board is the
actuarial equivalent at the date the person
became the pensioner's spouse of the pension
10
that would have been payable if the spouse
was 3 years younger than the pensioner.
25Q. Death of spouse pensioner
Upon the death of a spouse or other
dependant of a deceased contributor or of a
15
deceased former contributor (other than a
child of the deceased contributor or deceased
former contributor) to whom a pension is
payable, there is payable to the personal
representative of the deceased spouse or
20
deceased dependant an amount equal to--
(a) that proportion of the multiple fixed in
accordance with section 25E(2) which
the Board determines represents
pension scheme contributions made by
25
the contributor before 1 July 1988, and
one-half of any adjusted member
contributions calculated from 1 July
1988; less
(b) the total amount of pension payments
30
already made to the deceased
contributor or deceased former
contributor, or to the deceased spouse
or deceased dependant, together with
an amount determined by an actuary
35
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appointed by the Board to be required
for the payment of any child's
allowance in respect of the deceased
contributor or deceased former
contributor.
5
25R. Maximum lump sum benefit payable
(1) Despite anything to the contrary in this Part
the sum of--
(a) the annual pension payable to an old
pension scheme contributor under
10
section 25F(2) multiplied by the lump
sum factor specified in that section for
the age in completed years and months
at which the pension becomes payable,
or the annual pension payable to an old
15
pension scheme contributor under
section 25G(2) multiplied by 12·0; and
(b) the lump sum payable to the old
pension scheme contributor under
section 25F(3) or 23G(3)--
20
must not exceed the greater of--
(c) 8·0 times the adjusted final Fund salary
of the contributor; or
(d) the sum if the total contributory service
recognised for the purposes of section
25
25F(2)(a) or 25F(2)(b) did not exceed
30 years or such greater period not
exceeding 40 years as had been
completed by the contributor on 30
June 1988.
30
(2) Despite anything to the contrary in this Part
if an old scheme contributor is entitled to an
accrued retirement benefit under section
25E(1) of not less than 8·0 times adjusted
final Fund salary at 1 July 1988 no
35
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contributions are to be made by that
contributor after 30 June 1988 but any
subsequent membership of the Fund is to be
recognised as contributory service for the
purposes of section 25F(2).
5
(3) Despite anything to the contrary in this Part
if an old scheme contributor becomes
entitled to an accrued retirement benefit of
8·0 times adjusted final Fund salary after 1
July 1988 no further contributions are
10
thereafter to be made by that member but
any subsequent membership of the Fund is to
be recognised as contributory service for the
purposes of section 25F(2).
25S. Children's allowances
15
(1) A child's allowance under this Part is
payable in respect of each child (subject to a
maximum of 4) of the contributor or (where
provided for on the death of a contributor or
former contributor) of the spouse of the
20
deceased contributor or deceased former
contributor (except a child born more than
10 months after the death of the deceased
contributor or deceased former contributor)
who--
25
(a) is less than 18 years of age; or
(b) is deemed by the Board to be a full-
time student of not more than 25 years
of age.
(2) An allowance payable under sub-section (1)
30
is to be calculated at the rate of $1560 per
annum from the first payment period
commencing on or after 1 July 1988 and
increased in accordance with section 53 as if
a pension at the rate of $1560 per annum
35
were payable for each month of the
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prescribed half year ending on 31 December
1987.
(3) On the death of a contributor or pensioner
whose spouse is dead or divorced, any child's
allowance which would otherwise be
5
calculated under sub-section (2) is to be
payable to the person whom the Board
determines is appropriate and is to be
calculated at twice the rate of the allowance
which is payable under sub-section (2).
10
(4) The Board may, having regard to the
interests and welfare of the child, substitute
for any allowance payable in respect of a
child under the previous Act an allowance
calculated in respect of a child under this
15
section (as if no maximum of 4 children
were specified in sub-section (1)).
(5) One amount only is payable as an allowance
in respect of a child who would otherwise be
entitled to an allowance in respect of more
20
than one contributor or deceased former
contributor.
(6) Despite anything to the contrary in this Part,
any money payable in respect of a child may,
at the discretion of the Board, be paid to any
25
person as the Board directs on behalf of the
child and for the benefit of the child or
expended by the Board for the benefit of the
child.
25T. Commutation of pensions
30
(1) Subject to the terms and conditions from
time to time approved by the Minister, any
person who is receiving or entitled to a
pension under this Part or under the previous
Act may apply to the Board for and the
35
Board may grant the payment of a lump sum
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amount in consideration of the reduction of
the pension or any future pension entitlement
that may arise as a consequence of that
pension.
(2) On receipt of an application by a person
5
under sub-section (1), the Board may require
the person to provide any additional
information that it requires.
(3) The amount of the lump sum paid under
sub-section (1) is to be determined by an
10
actuary appointed by the Board.
25U. Reduction of pensions
(1) If a person entitled to a disability benefit in
the form of a pension or any outstanding
instalment of a disability lump sum benefit
15
under this Part or under the previous Act or
the previous Regulations is in the opinion of
the Board capable of obtaining gainful
employment, the Board may reduce or stop
the pension or instalment payments either
20
temporarily or permanently.
(2) Despite anything to the contrary in this Part
or in the previous Act or the previous
Regulations--
(a) if a former contributor who is receiving
25
or entitled to a pension in respect of his
or her former membership of the Fund
resumes employment with a
participating institution at a salary less
than the salary appropriate to the grade
30
in which he or she was employed at the
time of retirement because the
pensioner is unable to perform the
previous duties due to ill health, the
Board must reduce the pension as from
35
a date to be fixed by the Board (being
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not earlier than the date the person
became entitled to the benefit) to an
amount equal to the difference between
the salary received by the person in
respect of the employment with a
5
participating institution and the current
equivalent of the salary appropriate to
the grade in which he or she was
employed at the time of retirement; or
(b) if a person who is receiving or entitled
10
to any outstanding instalment of a
disability lump sum benefit resumes
full-time employment with a
participating institution, the Board must
discontinue the payments.
15
(3) Upon the death of a person whose pension
has been temporarily reduced under
sub-section (2), the person's spouse or
dependant will be entitled to a pension
calculated on the basis that no reduction was
20
made.
25V. Payment of deferred benefits
(1) A deferred benefit under this Part is payable
upon the earliest of--
(a) the retirement of the former contributor
25
from gainful employment, from the age
of 55 years except for that part of the
deferred benefit which is subject to the
specified standards; or
(b) the death or disability of the former
30
contributor; or
(c) the age of 65 years.
(2) A deferred benefit payable under this Part is
to be increased in accordance with the
definition of "deferral account balance" as
35
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applicable, or otherwise in accordance with
section 53.
(3) The amount payable as a deferred lump sum
benefit to a former contributor to the Fund
who became entitled to that benefit under the
5
previous Regulations is the former
contributor's deferral account balance.
(4) Upon the death or disability of a former
contributor who was an old scheme
contributor before entitlement to payment of
10
a deferred benefit which is calculated under
this Part otherwise than in accordance with
Part 6, there is payable any child's allowance
which is determined in accordance with
section 25S.
15
(5) If a former contributor entitled to a deferred
lump sum benefit under this Part dies before
payment of the benefit, the amount of that
benefit is to be apportioned by the Board
between those of the dependants of the
20
deceased contributor or the legal personal
representative of the deceased contributor as
the Board considers appropriate.
(6) Except where the deferred pension becomes
payable upon the death or disability of a
25
former contributor, a deferred pension under
this Part is to be calculated in accordance
with section 25F, based on the actual number
of years of contributory service and the age
at which the pension becomes payable.
30
(7) If a former contributor who had been an old
scheme contributor and who is entitled to a
deferred pension under this Part dies before
the pension becomes payable, there is
payable to the spouse (or if there is no
35
spouse, any other dependant of the deceased
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former contributor as the Board determines
appropriate, except a child of the deceased
former contributor), a pension equal to two-
thirds of the deferred pension to which the
contributor would have been entitled if the
5
contributor had become entitled to payment
of the deferred pension having attained the
age of 65 years.
(8) If a former contributor who had been an old
scheme contributor and who is entitled to a
10
deferred pension under this Part becomes
disabled before the pension becomes
payable, the deferred pension is to be
calculated as if the contributor became
entitled to payment of the deferred pension
15
having attained the age of 65 years.
25W. Benefits for supplementary contributions
Upon the termination of service of a
member, the Board must pay to the member
or in appropriate instances, to his or her
20
dependants or personal representative, an
amount representing--
(a) the member's entitlement at 30 June
1988 under regulation 7(1) of the
previous Regulations in respect of
25
"supplementary contributions" or under
section 32 of this Act or section 33 of
the previous Act in respect of "lump
sum contributions", made by the
member; and
30
(b) all supplementary contributions made
by the member or in respect of the
member on or after 1 July 1988 under
regulation 21 or 22 of the Hospitals
Superannuation Regulations 1988; and
35
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(c) the amount of any net earnings or net
loss calculated on the basis of the net
earning rate of the Fund as determined
by the Board.
25X. Application of the Act to pensions,
5
allowances and deferred benefits under
previous Act and previous Regulations
Despite anything to the contrary in the
previous Act or the previous Regulations,
sections 41(12), 52, 53, 55, 56 and 57 apply
10
in respect of persons entitled to or receiving
pensions, allowances or outstanding
instalments of disability lump sum benefits
still payable under that Act or those
Regulations, as if the entitlements arose
15
under this Act.'.
26. Delegation of powers
In the Hospitals Superannuation Act 1988--
(a) in section 26(1) for "Treasurer" substitute
"Secretary to the Department of Treasury
20
and Finance";
(b) in section 26(6) for "Minister" substitute
"Secretary to the Department of Treasury
and Finance";
(c) in section 40A, in the definition of
25
"participating employer" for "Minister"
substitute "Secretary to the Department of
Treasury and Finance";
(d) in section 41(6) for "Treasurer" substitute
"Secretary to the Department of Treasury
30
and Finance".
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27. New section 42A inserted
After section 42 of the Hospitals
Superannuation Act 1988 insert--
"42A. Member on leave of absence
(1) If a member who is absent from his or her
5
employment on leave of absence--
(a) advises the employer of an intention not
to return to employment with the
employer; or
(b) fails to return to employment within a
10
period of 7 days after the expiry of the
leave of absence; or
(c) on being requested by the employer to
return to work fails to return within a
period of 7 days after the date specified
15
in that request to return--
that member is deemed to have resigned
from the member's employment--
(d) as at the date of receipt by the employer
of the advice; or
20
(e) if failing to return to employment in
accordance with paragraph (b), as at the
end of the period of 7 days; or
(f) as at the end of the period referred to in
paragraph (c), following the request by
25
the employer.
(2) If a contributor is granted leave of absence
without pay, the contributor's employer must
within one month after the commencement
of the leave (or within any longer period as
30
the Board may in special circumstances
allow), notify the Board of the granting of
the leave.
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(3) Despite anything to the contrary in this Act,
if the Board does not receive notice of the
granting of a period of leave of absence
without pay within the period specified in
sub-section (2), the Board may--
5
(a) determine what contributions are
payable during the period of leave of
absence and what benefits are payable
in respect of those contributions; and
(b) require the employer to remit those
10
contributions.
(4) Despite anything to the contrary in this Act,
but subject to sub-section (3), if a contributor
who is absent on leave without pay
otherwise than by reason of ill-health
15
certified by a registered medical practitioner
approved by the Board does not make an
election under section 42(4) within one
month after the commencement of the leave
of absence (or within any longer period as
20
the Board may in special circumstances
allow), the Board may deem the contributor
to have made an election under section
42(4)(a).".
28. New sections 43A-43D inserted
25
After section 43 of the Hospitals
Superannuation Act 1988 insert--
'43A. Health impairments
(1) The Board may require any person who
becomes a contributor after 30 June 1988 or
30
any person who applies to be a contributor to
be examined (at the Board's expense) or to
supply any information of a medical nature
that the Board requires in order to determine
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whether to issue a medical classification
certificate.
(2) If the Board after consideration of any
medical report or other medical evidence as
it considers relevant is of the opinion that
5
there is a real risk that a person who
becomes a contributor after 30 June 1988 or
a person who applies to be a contributor will
not by reason of or connected with any
physical or mental condition continue to be
10
gainfully employed until he or she attains the
age of 60 years, the Board may issue a
medical classification certificate specifying
that condition.
(3) Subject to sub-section (4), until a contributor
15
who became a member after 30 June 1988
has been assessed and classified by the
Board, his or her benefit entitlements are to
be in the event of death those set out in
section 43B(1)(a) and in the case of
20
disability those set out in section 43B(1)(b).
(4) If a member who becomes a contributor after
30 June 1988--
(a) has not been assessed and classified by
the Board; and
25
(b) dies or becomes disabled, and the death
or disability--
(i) was not, in the opinion of the
Board, due to the fault of the
contributor or any person liable to
30
benefit financially from the
contributor's death; and
(ii) was in the opinion of the Board
caused or substantially
contributed to by a traumatic
35
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bodily injury suffered by the
contributor within 12 months (or
any longer period that is approved
by the Board) before the death or
the retirement on the ground of
5
disability of the contributor (as the
case may be)--
the benefit payable in respect of that
contributor is to be calculated in
accordance with section 35(1) or 36(1)
10
(as the case may be).
43B. Benefits payable to a contributor issued
with a medical classification certificate
(1) If a contributor in respect of whom there is a
medical classification certificate dies or
15
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
20
instead of the benefit under section 35(1) or
36(1) is--
(a) in the event of death (subject to sub-
sections (2), (3), (4) and (5) of section
35)--
25
(i) the accrued retirement benefit at
the date of death; and
(ii) for each year of service one-
eighteenth of the balance of the
lump sum benefit which would
30
have been payable under section
35 (1) if no medical classification
certificate was in force--
but not exceeding the benefit which
would have been payable if no medical
35
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classification certificate was in force;
and
(b) in the event of disability, an annual
pension for life (subject to sub-sections
(2), (3) and (4) of section 36) at the rate
5
of one-twelfth of the sum of--
(i) the accrued retirement benefit at
the date of disability; and
(ii) for each year of service, one-
eighteenth of the balance of the
10
lump sum amount calculated
under section 36 (1) as if no
medical classification certificate
was in force--
but not exceeding the pension which
15
would have been payable if no medical
classification certificate was in force.
(2) If a contributor receiving a benefit under
sub-section (1)(b) dies before attaining the
age of 65 years, the Board must pay to the
20
dependants of that contributor or other
persons that it determines a lump sum
calculated in accordance with section 36(4),
as if the term "accrued retirement benefit" in
that section included the amount in
25
sub-section (1)(b).
43C. Ongoing medical examinations
The Board may at any time require a
contributor to be examined (at the Board's
expense) or to supply information of a
30
medical nature as the Board requires, and
after the examination or receipt of the
information, the Board may--
(a) determine that any pre-existing health
impairment determined under section
35
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43A no longer exists for the purposes
of this Act; or
(b) (in the case of a contributor who has
been assigned a medical classification
under section 25B) re-assign the
5
contributor to a higher medical
classification.
43D. Fees for medical reviews
The fee to be paid to the Board by a member
or former member who refers the question of
10
his or her classification to a review panel is
$50.'.
29. New section 51B inserted
After section 51A of the Hospitals
Superannuation Act 1988 insert--
15
"51B. Early release of benefits
(1) The Board may approve the early release of
part or all of the vested benefit of a member
or former member in accordance with the
specified standards.
20
(2) The Board must determine--
(a) the amount of the vested benefit to be
released; and
(b) the method of payment of that amount;
and
25
(c) the reduction to be made to the vested
benefit--
in accordance with the specified standards.".
30. New sections 56B and 56C inserted
After section 56A of the Hospitals
30
Superannuation Act 1988 insert--
"56B. Payment of contributions
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The contributions of a contributor are to be
deducted by his or her employer from his or
her salary at each payment of salaries and
paid without deduction for postage,
forwarding or exchange to the Board.
5
56C. Mode of election
(1) Unless otherwise provided, an election made
by a contributor or other person entitled to
benefits under this Act is not valid unless
made in the form required by the Board and
10
before the expiry of 6 months, or any longer
period which the Board may in special
circumstances allow, from the date upon
which the person became entitled to make
the election.
15
(2) If a person entitled to make an election in
respect of benefit entitlements has not made
a valid election in accordance with this Act,
the Board may at its discretion, unless
otherwise provided in this Act, choose to pay
20
to the person whichever of the benefits
arising from an election as the Board thinks
fit.".
31. Amendment of section 58B
After section 58B(1)(a) of the Hospitals
25
Superannuation Act 1988 insert--
" ; and
(d) specify the circumstances (other than death
or disability) in which an application for an
early release of benefits may be made; and
30
(e) specify the benefits in respect of which an
application for an early release may be
made; and
(f) specify the method, manner and form in
which benefits which are the subject of an
35
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application for an early release of benefits
may be paid.".
32. Consequential amendments
(1) Section 33(3A) of the Hospitals Superannuation
Act 1988 is repealed.
5
(2) In section 37(3) of the Hospitals Superannuation
Act 1988 for "The" substitute "Subject to section
51B, the".
(3) Section 37(5) of the Hospitals Superannuation
Act 1988 is repealed.
10
(4) In section 38 of the Hospitals Superannuation
Act 1988 for "A" substitute "Subject to section
51B, a".
(5) In section 50A(3) of the Hospitals
Superannuation Act 1988 omit "or in any other
15
circumstances approved in writing by the
Insurance and Superannuation Commissioner.".
33. Consequential amendments
(1) In section 3(1) of the Hospitals Superannuation
Act 1988 omit--
20
' "salary" means the pecuniary emoluments
payable to a member as prescribed;'.
(2) Section 4(1) of the Hospitals Superannuation
Act 1988 for "prescribed superannuation scheme"
substitute "superannuation scheme declared for
25
the purposes of this section by the Minister by
notice published in the Government Gazette".
(3) In section 4(3) of the Hospitals Superannuation
Act 1988 after "benefits" insert "under the
Hospitals Superannuation (Interim Benefits)
30
Regulations 1988".
(4) In sections 33(1)(b), 41(4)(b) and 42(3)(b) of the
Hospitals Superannuation Act 1988 for
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"prescribed rate" substitute "rate determined by
the Board".
(5) In section 38 of the Hospitals Superannuation
Act 1988 for "A" substitute "Subject to section
58B, a".
5
(6) Section 41(8) of the Hospitals Superannuation
Act 1988 is repealed.
(7) In section 59(1) of the Hospitals Superannuation
Act 1988 omit all words and expressions after
"effect to this Act".
10
34. Revocation of regulations
(1) The following Regulations are revoked by virtue
of this section--
(a) the Hospitals Superannuation Regulations
1988 (Statutory Rule No. 404/1988);
15
(b) the Hospitals Superannuation (Interim
Benefits) Regulations 1988 (Statutory Rule
No. 281/1988).
(2) The Interpretation of Legislation Act 1984
applies in respect of the Regulations revoked by
20
sub-section (1) as if the Regulations were Acts
repealed or repealed and re-enacted (as the case
may be) by an Act and the previous operation of
the Regulations or anything duly done or suffered
under the Regulations is not affected by the
25
revocation thereof.
_______________
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PART 5--AMENDMENT OF LOCAL AUTHORITIES
SUPERANNUATION ACT 1988
35. Amendment of section 3
(1) In section 3(1) of the Local Authorities
Superannuation Act 1988 in the definition of
5
"contributor" after "Fund" insert "under Part 5
with respect to the entitlement to benefits under
Part 7".
(2) In section 3(1) of the Local Authorities
Superannuation Act 1988 for the definition of
10
"disability" substitute--
' "disability", in relation to a contributor, means
the permanent inability of the contributor
before the age of 60 years due to a
continuing or recurring injury, disease or
15
infirmity--
(a) to perform his or her duties; and
(b) to perform any other duties for which
he or she is suited by education,
training or experience or for which he
20
or she would be suited as a result of
retraining--
as determined by the Board on the basis of
reports provided by at least 2 registered
medical practitioners appointed by the
25
Board;'.
(3) In section 3(1) of the Local Authorities
Superannuation Act 1988 for the definition of
"retrenchment" substitute--
' "retrenchment" means the termination of the
30
employment or service of an employee who
has not attained the age of 55 years and in
respect of whom the employing Authority
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certifies in writing to the Board that the
employee has been retrenched for the
purposes of this Act;'.
36. Amendment of section 23
In section 23(2) of the Local Authorities
5
Superannuation Act 1988 for "12" substitute
"6".
37. New section 34A inserted
After section 34 of the Local Authorities
Superannuation Act 1988 insert--
10
"34A. Temporary benefit
(1) This section applies if the Board determines
that a contributor who has applied under
section 34 to retire on the ground of
disability is likely to substantially recover
15
from injury, disease or infirmity.
(2) The Board is to pay the contributor a benefit
calculated in accordance with section 34 for
a limited period not exceeding 2 years from
the date that the Board makes its
20
determination under sub-section (1) and
sections 34(1), 34(3) and 34(4) apply
accordingly.
(3) The amount of the benefit payable to the
contributor during the limited period must
25
not exceed the annual rate determined by
dividing the opening balance in his or her
beneficiary's account by 12.
(4) The Board must within 12 months of making
its determination under sub-section (1)
30
conduct a review to determine whether--
(a) sub-section (1) still applies; or
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(b) the contributor is suffering from a
disability and may retire on the ground
of disability; or
(c) the contributor is suffering from ill
health and may retire on the ground of
5
ill health; or
(d) the contributor is not suffering from
disability or ill health.
(5) If sub-section (4)(a) applies, the Board must
conduct a further review not later than 2
10
months before the expiry of the limited
period.
(6) If sub-section (4)(b) applies, the contributor
is entitled to a benefit under section 34
calculated on the balance of his or her
15
beneficiary's account as at the date the
review is determined.
(7) If sub-section (4)(c) applies, the contributor
is entitled to a benefit equal to the lesser of
the amount calculated in accordance with
20
section 37 or the amount of his or her
beneficiary's account as at the date of
retirement.
(8) If sub-section (4)(d) applies, the contributor
ceases to be entitled to a benefit under this
25
section.
(9) If the contributor fails to comply with a
requirement by the Board to attend a medical
examination or to provide information to the
Board required by the Board so as to
30
determine whether the contributor is still
suffering from a disability or is gainfully
employed, the Board may by notice in
writing to the contributor suspend payment
of the benefit.
35
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(10) If the contributor has not complied with a
requirement under sub-section (9) within 30
days of being served with a notice of
suspension, the Board may by further notice
in writing to the contributor cancel payment
5
of the benefit.
(11) The Board may at a further review determine
that--
(a) the contributor is suffering from a
disability and may retire on the ground
10
of disability; or
(b) the contributor is suffering from ill
health and may retire on the ground of
ill health; or
(c) the contributor is not suffering from
15
disability or ill health.
(12) If sub-section (11)(a) applies, the contributor
is entitled to a benefit under section 34
calculated on the balance of his or her
beneficiary's account as at the date the
20
review is determined.
(13) If sub-section (11)(b) applies, the contributor
is entitled to a benefit equal to the lesser of
the amount calculated in accordance with
section 37 or the amount of his or her
25
beneficiary's account as at the date of
retirement.
(14) If sub-section (11)(c) applies, the contributor
ceases to be entitled to a benefit under this
section.".
30
38. Amendment of section 36
(1) In section 36 of the Local Authorities
Superannuation Act 1988 for sub-sections (4) to
(7) substitute--
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"(4) The Board must pay the benefit calculated in
accordance with sub-sections (1), (2) and (3)
less the amount required to be preserved in
accordance with the specified standards as a
lump sum on resignation.
5
(5) The Board must pay the amount required to
be preserved in accordance with the
specified standards plus interest on that
amount at a rate determined by the Board
from time to time from the date of the
10
contributor's resignation until the date of
retirement, death or disability as specified in
sub-sections (7), (8) and (9).
(6) The Board may transfer the amount referred
to in sub-section (5) to a complying
15
superannuation fund.
(7) The amount referred to in sub-section (5) is
payable to the contributor on the request of
the contributor to the Board at any time after
ceasing to be an employee from the age of 55
20
years except for that part which is subject to
the specified standards.".
(2) In sections 36(8) and 36(9) of the Local
Authorities Superannuation Act 1988 for "an
amount calculated in accordance with sub-section
25
(6)" substitute "the amount referred to in sub-
section (5)".
39. Delegation of power
In section 47E of the Local Authorities
Superannuation Act 1988, in the definition of
30
"participating employer" for "Minister" substitute
"Secretary to the Department of Treasury and
Finance".
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40. New section 50B inserted
After section 50A of the Local Authorities
Superannuation Act 1988 insert--
"50B. Early release of benefits
(1) The Board may approve the early release of
5
part or all of the vested benefit of a
contributor or member in accordance with
the specified standards.
(2) The Board must determine--
(a) the amount of the vested benefit to be
10
released; and
(b) the method of payment of that amount;
and
(c) the reduction to be made to the vested
benefit--
15
in accordance with the specified standards.".
41. Amendment of section 50D
After section 50D(1)(c) of the Local Authorities
Superannuation Act 1988 insert--
" ; and
20
(d) specify the circumstances (other than death,
disability or ill health) in which an
application for an early release of benefits
may be made; and
(e) specify the benefits in respect of which an
25
application for an early release may be
made; and
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(f) specify the method, manner and form in
which benefits which are the subject of an
application for an early release of benefits
may be paid.".
_______________
5
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PART 6--AMENDMENT OF PARLIAMENTARY SALARIES
AND SUPERANNUATION ACT 1968
42. Amendment of sections 12 and 13
(1) In section 12(2D) of the Parliamentary Salaries
and Superannuation Act 1968 after "trustees"
5
insert "or to a Board administering a public sector
superannuation scheme".
(2) In section 13(2) of the Parliamentary Salaries
and Superannuation Act 1968 for "the 30th day
of June, 1969" substitute "30 June 1996".
10
(3) In section 13(3) of the Parliamentary Salaries
and Superannuation Act 1968 after "each
investigation of the Fund" insert "before the
investigation as at 30 June 1996".
(4) In section 13(3A) of the Parliamentary Salaries
15
and Superannuation Act 1968--
(a) for "30 June 1997" substitute "30 June
1996";
(b) for "1 July 1998 until 30 June 2015"
substitute "1 July after the date as at which
20
the actuarial investigation is held until 30
June 2014".
(5) In section 13(3B) of the Parliamentary Salaries
and Superannuation Act 1968 before "the
period" insert "the end of".
25
(6) For section 13(3C) of the Parliamentary Salaries
and Superannuation Act 1968 substitute--
"(3C) As from the actuarial investigation of the
Fund as at 30 June 2014 (or an earlier
actuarial investigation if the liability of the
30
Fund is then fully funded) and as at each
subsequent actuarial investigation, the
actuary must certify in each actuarial
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investigation the amount in equal annual
instalments that is required to be paid to the
Fund in each of the next 3 financial years in
addition to the other income of the Fund to
enable the Fund to have its liability fully
5
funded as at the end of each 3 year period
and the Treasurer of Victoria must approve
the making of those payments to the Fund.".
(7) After section 13(3C) of the Parliamentary
Salaries and Superannuation Act 1968 insert--
10
"(3D) The Parliamentary Trustee must submit the
actuary's report of the investigation to the
Minister within 6 months after the end of
each period of 3 years.
(3E) The Minister must cause each actuary's
15
report submitted to him or her 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
20
case may be, after the actuary's report has
been received by the Minister.".
43. Amendment of section 21C
(1) In section 21C(2) of the Parliamentary Salaries
and Superannuation Act 1968--
25
(a) in paragraph (a) omit "20,";
(b) after paragraph (i) insert--
'(j) as if in section 20(1A) the definition of
"cut off date" were omitted;
(k) as if in section 20(1A) in the definition
30
of "eligible lump sum amount" after
paragraph (b) there were inserted--
"; or
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(c) any amounts received under
sections 15(2) and 15(3A) of the
Parliamentary Salaries and
Superannuation Act 1968.";
(l) as if after section 20(1A) there were
5
inserted--
"(1AAA) This section applies to a person
specified in section 21A(1)(a) of
the Parliamentary Salaries and
Superannuation Act 1968.";
10
(m) as if in sections 20(1AA) and 20(1AB)
after "member" there were inserted "or
on electing to transfer from Division 2
to Division 3 of the Parliamentary
Salaries and Superannuation Act
15
1968";
(n) as if in section 20, sub-sections (1AC),
(2), (2A), (2B), (2C), (2D) and (5) were
repealed.'.
(2) After section 21C(2) of the Parliamentary
20
Salaries and Superannuation Act 1968 insert--
"(3) If a person specified in section 21A(1)(b)
had a previous period of service as a member
that terminated before 1 December 1993--
(a) in respect of which the person received
25
a benefit under section 15(2) before
electing to transfer to this Division, the
person must elect to repay the amount
of that benefit or to have his or her
entitlement to benefits under this
30
Division reduced in accordance with
section 15(4) as if that section applied
to this Division; or
(b) in respect of which the person received
a pension benefit which he or she partly
35
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commuted to a lump sum under section
16 before electing to transfer to this
Division, the person must have his or
her entitlement to benefits under this
Division reduced in accordance with
5
sections 20(1) and 20(2) as if those
provisions applied to this Division.".
44. New section 23A inserted
After section 23 of the Parliamentary Salaries
and Superannuation Act 1968 insert--
10
"23A. Early release of benefits
(1) The Parliamentary Trustee may approve the
early release of part or all of the vested
benefit entitlement of a member or former
member in accordance with the specified
15
standards.
(2) The Parliamentary Trustee must determine--
(a) the amount of the vested benefit
entitlement to be released; and
(b) the method of payment of that amount;
20
and
(c) the reduction to be made to the vested
benefit pension entitlement--
in accordance with the specified standards.".
45. Amendment of section 24C
25
After section 24C(1)(c) of the Parliamentary
Salaries and Superannuation Act 1968 insert--
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" ; and
(d) specify the circumstances (other than death)
in which an application for an early release
of benefits may be made; and
(e) specify the benefits in respect of which an
5
application for an early release may be
made; and
(f) specify the method, manner and form in
which benefits which are the subject of an
application for an early release of benefits
10
may be paid.".
_______________
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120
Superannuation Acts (Further Amendment) Act 1996
s. 46 Act No.
PART 7--AMENDMENT OF PORT OF GEELONG
AUTHORITY ACT 1958
46. New section 12A inserted
After section 12 of the Port of Geelong
Authority Act 1958 insert--
5
"12A. Closure of PGASF
(1) The administrators of the Port of Geelong
Authority Superannuation Fund must upon
the application of a contributor transfer the
balance of the contributor's contribution
10
account, authority account and productivity
increase account to a complying
superannuation fund nominated by the
contributor.
(2) An application under sub-section (1) must be
15
made before 3 February 1997.
(3) If a contributor has not made an application
under sub-section (1), the administrators of
the Port of Geelong Authority
Superannuation Fund must on 28 February
20
1997 transfer the balance of the contributor's
accounts specified in sub-section (1)--
(a) if the contributor's employer is a
participating employer for the purposes
of Part 7B of the Local Authorities
25
Superannuation Act 1988, to the
Local Authorities Superannuation
Fund; or
(b) if the contributor's employer is a
participating employer for the purposes
30
of the Public Sector Superannuation
(Administration) Act 1993, to the
Victorian Superannuation Fund.
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Superannuation Acts (Further Amendment) Act 1996
s. 47
Act No.
(4) The Authority must meet any deficit in the
Port of Geelong Authority Superannuation
Fund after all the accounts specified in
sub-section (1) have been transferred.
(5) When the Port of Geelong Authority
5
Superannuation Fund ceases to have any
contributors, the Fund ceases to exist and the
Authority must wind up the Port of Geelong
Authority Superannuation Fund Pty Ltd.
(6) The administrators are released from any
10
liability in respect of the entitlements of a
contributor as soon as the balance of the
accounts specified in sub-section (1) is
transferred to the relevant complying
superannuation fund.".
15
47. Repeal of section 13
Section 13 of the Port of Geelong Authority Act
1958 is repealed.
_______________
20
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122
Superannuation Acts (Further Amendment) Act 1996
s. 48 Act No.
PART 8--AMENDMENT OF PUBLIC SECTOR
SUPERANNUATION (ADMINISTRATION) ACT 1993
48. Power of delegation
In section 3(1) of the Public Sector
Superannuation (Administration) Act 1993, in
5
the definition of "participating employer" for
"Minister" substitute "Secretary to the
Department of Treasury and Finance".
49. New section 42A inserted
After section 42 of the Public Sector
10
Superannuation (Administration) Act 1993
insert--
"42A. Early release of benefits
(1) The Board may approve the early release of
part or all of the amount of a member's
15
account balance in accordance with the
specified standards.
(2) The Board must determine--
(a) the amount to be released; and
(b) the method of payment of that amount;
20
and
(c) the reduction to be made to the
member's account balance--
in accordance with the specified standards.".
50. Amendment of section 53
25
Section 53(2) of the Public Sector
Superannuation (Administration) Act 1993 is
repealed.
531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
123
Superannuation Acts (Further Amendment) Act 1996
s. 51
Act No.
51. Amendment of section 68A
After section 68A(1)(c) of the Public Sector
Superannuation (Administration) Act 1993
insert--
" ; and
5
(d) specify the circumstances (other than death
or disability) in which an application for an
early release of benefits may be made; and
(e) specify the benefits in respect of which an
application for an early release may be
10
made; and
(f) specify the method, manner and form in
which benefits which are the subject of an
application for an early release of benefits
may be paid.".
15
_______________
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124
Superannuation Acts (Further Amendment) Act 1996
s. 52 Act No.
PART 9--AMENDMENT OF STATE EMPLOYEES
RETIREMENT BENEFITS ACT 1979
52. Amendment of section 18
In section 18(2) of the State Employees
Retirement Benefits Act 1979 for "12"
5
substitute "6".
53. Amendment of section 54
In section 54 of the State Employees Retirement
Benefits Act 1979--
(a) in sub-section (1) omit "or his employer on
10
his behalf";
(b) in sub-section (1)(a) for "fit to continue in
his employment" substitute "not suffering
from a disability";
(c) in sub-sections (1)(b), (2) and (3) for
15
"interim disability" substitute "temporary
benefit";
(d) in sub-section (4) for "sub-section (1)"
substitute "sub-section (1)(b)";
(e) in sub-section (4) for "fit to continue his
20
employment" substitute "or is not disabled";
(f) in sub-section (5) for "sub-section (1)"
substitute "sub-section (1)(a) or (4)";
(g) in sub-section (5) for "fit to continue in his
employment and the member refuses to do
25
so" substitute "not disabled and refuses to
return to his or her employer".
54. Amendment of section 60
In section 60 of the State Employees Retirement
Benefits Act 1979 for "again able to perform the
30
disability pensioner's duties or any other duties for
which the disability pensioner is suited by
531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
125
Superannuation Acts (Further Amendment) Act 1996
s. 55
Act No.
education, training or experience or for which the
disability pensioner would be suited as a result of
retraining" substitute "no longer suffering from a
disability".
55. Section 65A repealed
5
Section 65A of the State Employees Retirement
Benefits Act 1979 is repealed.
56. New section 68 inserted
After section 67 of the State Employees
Retirement Benefits Act 1979 insert--
10
"68. Early release of benefits
(1) The Board may approve the early release of
part or all of the vested benefit of a
contributor or former contributor in
accordance with the specified standards.
15
(2) The Board must determine--
(a) the amount of the vested benefit to be
released; and
(b) the method of payment of that amount;
and
20
(c) the reduction to be made to the vested
benefit--
in accordance with the specified standards.".
57. Amendment of section 73
After section 73(1)(c) of the State Employees
25
Retirement Benefits Act 1979 insert--
" ; and
(d) specify the circumstances (other than death,
disability or ill health) in which an
application for an early release of benefits
30
may be made; and
531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
126
Superannuation Acts (Further Amendment) Act 1996
s. 57 Act No.
(e) specify the benefits in respect of which an
application for an early release may be
made; and
(f) specify the method, manner and form in
which benefits which are the subject of an
5
application for an early release of benefits
may be paid.".
_______________
531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
127
Superannuation Acts (Further Amendment) Act 1996
s. 58
Act No.
PART 10--AMENDMENT OF STATE SUPERANNUATION
ACT 1988
58. Amendment of definitions
(1) In section 3(1) of the State Superannuation Act
1988 for the definition of "resignation"
5
substitute--
' "resignation" means the termination of service
(however expressed) other than by reason of
death, disability or retrenchment of a
member before he or she has attained the
10
minimum age for retirement;'.
(2) In section 3(1) of the State Superannuation Act
1988 in the definition of "minimum age for
retirement" for "an earlier age for retirement"
substitute "an entitlement to an accrued benefit at
15
an earlier age than 55 years".
59. Amendment of sections 16 and 16A
(1) Section 16(5) of the State Superannuation Act
1988 is repealed.
(2) Sections 16A(4) and 16A(5) of the State
20
Superannuation Act 1988 are repealed.
60. Amendment of section 23
In section 23(3) of the State Superannuation Act
1988 for "12" substitute "6".
61. Amendment of section 37
25
In section 37(1) of the State Superannuation Act
1988 after "section 36(3)" insert "(adjusted in
accordance with section 91 up to the date of death
of the pensioner)".
30
531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
128
Superannuation Acts (Further Amendment) Act 1996
s. 62 Act No.
62. Amendment of section 47
In section 47(5) of the State Superannuation Act
1988--
(a) for "marries" substitute "has a spouse";
(b) for "marriage" substitute "spouse and that
5
person, born after becoming his or her
spouse".
63. New section 71A inserted
After section 71 of the State Superannuation Act
1988 insert--
10
"71A. Early release of benefits
(1) The Board may approve the early release of
part or all of the vested benefit of a member
or former member in accordance with the
specified standards.
15
(2) The Board must determine--
(a) the amount of the benefit to be
released; and
(b) the method of payment of that amount;
and
20
(c) the reduction to be made to the vested
benefit--
in accordance with the specified standards.".
64. Amendment of section 90A
In section 90A(1)(b) of the State
25
Superannuation Act 1988 after "an officer"
insert ", scheme member".
65. Amendment of section 92A
After section 92A(1)(c) of the State
Superannuation Act 1988 insert--
30
531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
129
Superannuation Acts (Further Amendment) Act 1996
s. 66
Act No.
" ; and
(d) specify the circumstances (other than death,
disability or ill health) in which an
application for an early release of benefits
may be made; and
5
(e) specify the benefits in respect of which an
application for an early release may be
made; and
(f) specify the method, manner and form in
which benefits which are the subject of an
10
application for an early release may be
paid.".
66. New section 99 inserted
After section 98 of the State Superannuation Act
1988 insert--
15
"99. Transfer of members under section 4(1BA)
of ESSA
(1) This section applies to an officer who elects
to transfer to the new scheme under section
4(1BA) of the Emergency Services
20
Superannuation Act 1986.
(2) Upon electing to transfer to the new scheme
the officer becomes a member of the new
scheme with a resignation benefit and an
accrued retirement benefit calculated in
25
accordance with Part 3 of the Emergency
Services Superannuation Act 1986 and, if
not adjusted in accordance with section 25A
of that Act, adjusted in accordance with
section 71B of this Act and certified by an
30
actuary appointed by the Emergency
Services Superannuation Board.
(3) From the date of becoming a member of the
new scheme the officer is entitled to receive
benefits as a member of the new scheme.
35
531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
130
Superannuation Acts (Further Amendment) Act 1996
s. 67 Act No.
(4) The Emergency Services Superannuation
Board must transfer to the Fund assets of the
Emergency Services Superannuation Scheme
equal to the liability of the scheme up to the
date of transfer of the officer in respect of
5
the entitlement under sub-section (2) as
determined by an actuary appointed by the
Emergency Services Superannuation Board.
(5) As soon as the assets have been transferred
the assets form part of the Fund.
10
(6) The Emergency Services Superannuation
Board is released from any liability in
respect of the entitlement of an officer as
soon as the assets have been transferred.
(7) No stamp duty or other tax is payable under
15
any Act in respect of anything done under
this section.
(8) Any dispute between the Emergency
Services Superannuation Board and the
Board in respect of assets to be transferred
20
under this section is to be determined by the
Minister.".
67. Consequential amendments
Sections 47(10), 47(11), 58(4), 58(5), 61(7) and
61(8) of the State Superannuation Act 1988 are
25
repealed.
_______________
531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
131
Superannuation Acts (Further Amendment) Act 1996
s. 68
Act No.
PART 11--AMENDMENT OF SUPERANNUATION
(PORTABILITY) ACT 1989
68. Amendment of section 5
For section 5(2)(a) of the Superannuation
(Portability) Act 1989 substitute--
5
"(a) Retirement at or after the age fixed in the
governing instrument of the member's
statutory superannuation scheme as in force
at the time the member made the election
under sub-section (1);".
10
69. Amendment of section 7
(1) In section 7(1) of the Superannuation
(Portability) Act 1989 for paragraph (a), (b) and
(c) substitute--
"(a) the governing instrument of the member's
15
statutory superannuation scheme as in force
at the time the member made the election
under section 5(1); and ".
(2) In section 7(2) of the Superannuation
(Portability) Act 1989 for paragraphs (a), (b) and
20
(c) substitute--
"(a) the governing instrument of the member's
statutory superannuation scheme as in force
at the time the member made the election
under section 5(1); and".
25
70. Amendment of section 10
In section 10(1)(b) of the Superannuation
(Portability) Act 1989 for sub-paragraphs (i), (ii)
and (iii) substitute--
"(i) the governing instrument of the member's
30
statutory superannuation scheme as in force
531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
132
Superannuation Acts (Further Amendment) Act 1996
s. 70 Act No.
at the time the member made the election
under section 5(1); and".
_______________
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133
Superannuation Acts (Further Amendment) Act 1996
s. 71
Act No.
PART 12--AMENDMENT OF TRANSPORT
SUPERANNUATION ACT 1988
71. Amendment of definition
(1) In section 3(1) of the Transport Superannuation
Act 1988 after the definition of "Board" insert--
5
' "child", in relation to a member, means a child
of the member or of his or her spouse, other
than any child born more than 10 months
after his or her death;'.
(2) In section 3(1) of the Transport Superannuation
10
Act 1988 for the definition of "resignation"
substitute--
' "resignation" means the termination of service
(however expressed) other than by reason of
death, disability or retrenchment of a
15
member before he or she has attained the
minimum age for retirement;'.
72. Amendment of section 22
(1) In section 22(1) of the Transport
Superannuation Act 1988 for "30 June 1990"
20
substitute "30 June 1997".
(2) In section 22(3) of the Transport
Superannuation Act 1988 for "12" substitute
"6".
73. Amendment of section 31
25
In section 31 of the Transport Superannuation
Act 1988--
(a) in sub-sections (2), (3) and (4) before
"member" insert "former";
(b) in sub-section (4) omit "or other persons".
30
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134
Superannuation Acts (Further Amendment) Act 1996
s. 74 Act No.
74. Section 44D substituted
For section 44D of the Transport
Superannuation Act 1988 substitute--
"44D. Early release of benefits
(1) The Board may approve the early release of
5
part or all of the vested benefit of a member
or former member in accordance with the
specified standards.
(2) The Board must determine--
(a) the amount of the vested benefit to be
10
released; and
(b) the method of payment of that amount;
and
(c) the reduction to be made to the vested
benefit--
15
in accordance with the specified standards.".
75. Amendment of section 53
After section 53(1)(c) of the Transport
Superannuation Act 1988 insert--
" ; and
20
(d) specify the circumstances (other than death
or disability) in which an application for an
early release of benefits may be made; and
(e) specify the benefits in respect of which an
application for an early release may be
25
made; and
(f) specify the method, manner and form in
which benefits which are the subject of an
application for an early release of benefits
may be paid.".
30
_______________
531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
135
Superannuation Acts (Further Amendment) Act 1996
s. 76
Act No.
PART 13--MISCELLANEOUS
76. New section 27A inserted into Equal Opportunity Act
1995
After section 27 of the Equal Opportunity Act
1995 insert--
5
"27A. Exception--early retirement schemes
(1) In deciding the terms on which to offer an
employee an incentive to resign or retire, an
employer may take into account the age of
the employee and any eligibility of the
10
employee to receive a retirement benefit
from a superannuation fund.
(2) Sub-section (1) applies, and is deemed
always to have applied, to anything done by
an employer on or after 1 January 1996.".
15
77. Port of Melbourne Authority (Superannuation)
Regulations 1989
In regulation 6(1) of the Port of Melbourne
Authority (Superannuation) Regulations 1989
(S.R. No. 90/1989) for the definition of
20
"retrenchment" substitute--
' "retrenchment" means the termination of
employment or service of an employee who
has not attained the minimum age for
retirement and in respect of whom the
25
Authority certifies in writing that the
employee has been retrenched for the
purposes of these Regulations;".
78. Statute law revision
In the Superannuation Acts (Amendment) Act
30
1996--
(a) in section 62 for "1988" substitute "1958";
and
531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
136
Superannuation Acts (Further Amendment) Act 1996
s. 79 Act No.
(b) in section 134(5) for "1988" substitute
"1995".
79. Repeals
The Superannuation Acts (Amendment) Act
1996 is repealed.
5
531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
137
Superannuation Acts (Further Amendment) Act 1996
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
138
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