Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of actuary substituted by No. 4/1996 s. 3(a).
actuary means a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister;
S. 3(1) def. of adjusted total contributions inserted by No. 82/1996 s. 6(1).
"adjusted total contributions" means the sum of—
(a) the total contributions (other than optional contributions under section 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 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 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 termination of service of the contributor determined by the Board having regard to any money or other assets transferred from an approved superannuation arrangement;
S. 3(1) def. of administered scheme inserted by No. 94/2005 s. 4(1).
"administered scheme" means—
(a) the MTA Superannuation Fund; and
(b) a public sector superannuation scheme which is declared to be an administered scheme under section 22DG;
S. 3(1) def. of appointed day inserted by No. 94/2005 s. 4(1).
"appointed day", in respect of an administered scheme within the meaning of paragraph (b) of the definition of "administered scheme", means the appointed day specified in the Order in Council made under section 22DG in respect of the transfer of the administered scheme;
"approved superannuation arrangement" means a superannuation arrangement which has been approved by the Minister;
S. 3(1) def. of benefit amended by No. 94/2005 s. 4(2).
"benefit" means any amount paid or payable by the Board out of the Scheme under this Act;
"Board" means Emergency Services Superannuation Board;
S. 3(1) def. of Chief Executive Officer inserted by No. 94/2005 s. 4(1).
"Chief Executive Officer" means the Chief Executive Officer of the Board appointed to be the Chief Executive Officer under section 13 or a person appointed to act as the Chief Executive Officer under that section;
S. 3(1) def. of child inserted by No. 27/2001 s. 5(Sch. 3 item 2.1(a)).
child in relation to a deceased contributor or former contributor or member or former member or police recruit or former police recruit means a child of the person or the person's partner other than any child born more than 10 months after the person's death who is—
(a) under 18 years of age; or
(b) between the age of 18 and 25 years and in the opinion of the Board is a full-time student;
S. 3(1) def. of complying super-annuation
fund
inserted by No. 4/1996 s. 3(b).
"complying superannuation fund" means a superannuation entity or a superannuation fund within the meaning of section 10 of the Commonwealth Superannuation Industry (Supervision) Act 1993 which is a complying superannuation fund or a complying approved deposit fund within the meaning of Part IX of the Commonwealth Income Tax Assessment Act 1936;
S. 3(1) def. of consumer price index inserted by No. 82/1996 s. 6(1), substituted by No. 44/2014 s. 33(Sch. item 10(1)).
"consumer price index" means the all groups consumer price index in original terms for all capital cities in respect of a half year ending on 30 June or 31 December published by the Australian Bureau of Statistics;
S. 3(1) def. of contributor substituted by No. 84/1998 s. 3, amended by No. 94/2005 s. 4(3).
"contributor" means an employee who will be, is, or has been, liable to contribute to the Scheme under Part 3AA with respect to the entitlement to benefits under that Scheme;
S. 3(1) def. of current equivalent of salary on termination of service inserted by No. 82/1996 s. 6(1), amended by No. 29/2000 s. 3(1).
"current equivalent of salary on termination of service" means the salary (in accordance with section 4(1E)(f)) that the Board determines, having regard to increases in 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 prior to termination of service;
S. 3(1) def. of dependant inserted by No. 82/1996 s. 6(1), amended by No. 27/2001 s. 5(Sch. 3 item 2.1(b)).
"dependant" means in relation to a deceased contributor or former contributor or member or former member or police recruit or former police recruit—
(a) the partner 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 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 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 member or former member or police recruit or former police recruit for financial support;
S. 3(1) def. of disability inserted by No. 4/1996 s. 3(c), amended by No. 82/1996 s. 6(2).
disability means—
(a) if a disability benefit insurance policy is in force in respect of a member, disability as defined in or for the purposes of that policy; or
(b) in any other case, the inability of a contributor or member before the age of 60 years or of a police recruit due to a continuing or recurring injury, disease or infirmity to ever—
(i) perform his or her duties; and
(ii) perform any other duties for which he or she is suited by education, training or experience or for which he 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 Board;
S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 5(Sch. 3 item 2.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 19.1), amended by No. 4/2009 s. 37(Sch. 1 item 12.1).
"domestic partner" of a person means—
(a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or
(b) a person to whom the person is not married but with whom, in the opinion of the Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
S. 3(1) def. of eligible beneficiary inserted by No. 43/2008 s. 3, amended by Nos 61/2013 s. 12(a), 5/2019 s. 81(1)(a).
"eligible beneficiary" means a person who is entitled to a benefit under a Superannuation Act (other than this Act or Part 3 of the Parliamentary Salaries, Allowances and Superannuation Act 1968 ) or an administered scheme;
S. 3(1) def. of eligible protective services officer inserted by No. 38/2009 s. 3(1).
"eligible protective services officer" means a person who was appointed as a protective services officer during the period commencing on or after 1 January 1994 and ending on the day on which section 3 of the Superannuation Legislation Amendment Act 2009 comes into operation;
S. 3(1) def. of eligible salary sacrifice contributor inserted by No. 94/2005 s. 4(1).
"eligible salary sacrifice contributor" means a contributor in respect of whom a declaration is in force under section 3A;
S. 3(1) def. of employee amended by Nos 50/1988 s. 93(2)(Sch. 2 Pt 2 item 15), 81/1988 s. 3(a)(i)–(iv), 72/1990 s. 17, 58/1994 s. 10(a)–(c), 82/1996 s. 20(1)(2), 38/1998 s. 15(a), 94/2005 s. 4(4), 38/2009 s. 3(2)(a), 40/2010 s. 3(a), 37/2014 s. 10(Sch. item 54.1(b)).
"employee" means a person who is—
(a) a police officer; or
(b) a police reservist who has not, on retirement (on grounds other than disability) at the age of 50 or over, become entitled to a benefit under the State Superannuation Act 1988 or this Act; or
(ba) a protective services officer; or
(c) an officer or employee of the Metropolitan Fire Brigades Board or a member of the Metropolitan Fire Brigades Board appointed under section 7(1) of the Metropolitan Fire Brigades Act 1958 ; or
(d) a person appointed by the Country Fire Authority under section 17 of the Country Fire Authority Act 1958 or a member of the Country Fire Authority appointed under section 7 of that Act; or
(e) an officer of the Department of Sustainability and Environment or Department of Primary Industries who is a 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 Government Gazette; or
(f) an employee 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 published in the Government Gazette; or
(g) a person employed by the Board before 1 December 2005 or in accordance with section 13 or 13A or to which section 13A(3)(b) applies; or
(h) a person referred to in paragraph (a), (b), (ba), (c), (d), (e), (f) or (g) who has resigned or has been given leave of absence without pay to act as a full-time officer of—
(i) a union; or
(ii) an employee organisation—
which is approved by the Minister; or
(i) an employee within the meaning of the Commonwealth Superannuation Guarantee (Administration) Act 1992 not being a person whose eligibility to be a member would but for this paragraph be determined by the application of paragraph (e) or (h);
"employer" means the employer of—
(a) an employee; or
(b) a police recruit;
S. 3(1) def. of governing body inserted by No. 94/2005 s. 4(1).
governing body means the person or body administering a public sector superannuation scheme but does not include the Board;
S. 3(1) def. of governing instrument inserted by No. 94/2005 s. 4(1).
governing instrument means the Act, regulations, by-law, trust deed or other document whatsoever or any combination of such documents by or under which a public sector superannuation scheme is established or maintained;
S. 3(1) def. of ill health inserted by No. 82/1996 s. 6(1).
"ill health" means a continuous or recurring impairment of the health of a contributor which is due to a physical or mental 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 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 the purpose of obtaining a benefit;
S. 3(1) def. of nominee inserted by No. 82/1996 s. 6(1), amended by No. 70/2003 s. 3, substituted by No. 61/2013 s. 3.
"nominee", in relation to a deceased contributor or former contributor, means—
(a) any person nominated by the contributor as a nominated personal representative under section 20N(1); or
(b) any person deemed to be a contributor's nominated personal representative under section 20N(3); or
(c) any person over the age of 18 years who is not in the opinion of the Board a full-time student and to whom the contributor has been the natural or adoptive parent;
S. 3(1) def. of occupational super-annuation standards inserted by No. 49/1992 s. 33, repealed by No. 4/1996 s. 3(d).
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S. 3(1) def. of operational staff member inserted by No. 82/1996 s. 6(1), amended by Nos 38/2009 s. 3(2)(b)(c), 40/2010 s. 3(b), 37/2014 s. 10(Sch. item 54.1(c)).
"operational staff member" means a contributor who is or has been during any period of service in respect of which benefits may become payable under the Scheme—
(a) a police officer who has completed a course either in Victoria or elsewhere which enables him or her to undertake general duties as a police officer and who has taken and subscribed an oath or affirmation under section 50 of the Victoria Police Act 2013 ;
(ab) subject to section 4(7C), a protective services officer who has completed a course either in Victoria or elsewhere which enables him or her to undertake general duties as a protective services officer and who has taken and subscribed an oath or affirmation under section 50 of the Victoria Police Act 2013 ;
(b) an employee of the Department of Sustainability and Environment or Department of Primary Industries;
(c) any employee within the meaning of paragraphs (c), (d) and (f) of the definition of employee who 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 Government Gazette and is designated by an employer as an operational staff member;
(d) any other employee (other than an employee within the meaning of paragraphs (a), (e) and (g) of the definition of "employee") who is designated by an employer as an operational staff member and who is approved as such by the Board;
S. 3(1) def. of Parliamentary Contributory Super-annuation Fund inserted by No. 61/2013 s. 12(c), amended by No. 5/2019 s. 81(1)(a).
"Parliamentary Contributory Superannuation Fund" means the Parliamentary Contributory Superannuation Fund established and kept under Part 3 of the Parliamentary Salaries, Allowances and Superannuation Act 1968 and as in existence immediately before the commencement of section 12 of the Superannuation Legislation Amendment Act 2013 ;
S. 3(1) def. of partner inserted by No. 27/2001 s. 5(Sch. 3 item 2.1(a)), substituted by No. 40/2010 s. 4(1).
"partner "of a person means the person's spouse or domestic partner;
S. 3(1) def. of part-time contributor inserted by No. 82/1996 s. 6(1).
"part-time contributor" means a contributor employed on a permanent basis which requires less than full-time service;
S. 3(1) def. of pensioner amended by No. 82/1996 s. 20(3).
pensioner means a person receiving a pension under this Act;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 54.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of police recruit substituted by No. 37/2014 s. 10(Sch. item 54.1(d)).
police recruit has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of police reservist inserted by No. 37/2014 s. 10(Sch. item 54.1(a)).
police reservist has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of prior fund inserted by No. 82/1996 s. 6(1).
"prior fund" means—
(a) the Superannuation Fund operated under the Superannuation Act 1958 ; or
(b) the Police Pensions Fund operated under the Police Regulation Act 1958 ; or
(c) the Metropolitan Fire Brigades Superannuation Fund operated under the Metropolitan Fire Brigades Superannuation Act 1976 ; or
(d) the Hospitals Superannuation Fund operated under the Hospitals Superannuation Act 1965 ; or
(e) the State Superannuation Fund operated under the State Superannuation Act 1988 ;
S. 3(1) def. of protective services officer inserted by No. 38/2009 s. 3(1), substituted by No. 37/2014 s. 10(Sch. item 54.1(e)).
protective services officer has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of public sector super-annuation scheme inserted by No. 94/2005 s. 4(1).
public sector superannuation scheme means a scheme for the payment of superannuation, retirement or death benefits which is established or maintained—
(a) by or under an Act; or
(b) by a public authority, statutory body, body corporate or other body constituted by or under an Act;
S. 3(1) def. of retrenchment inserted by No. 82/1996 s. 6(1).
"retrenchment" means the termination of employment or service of a contributor who 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;
S. 3(1) def. of returning member inserted by No. 43/2008 s. 3, substituted as returning officer by No. 37/2014 s. 10(Sch. item 54.1(f)).
"returning officer" means a person who—
(a) was a police officer; and
(b) is re-appointed under a fixed term agreement as a police officer;
S. 3(1) def. of salary inserted by No. 82/1996 s. 6(1).
"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 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 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
(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 person's contract of employment, notified in writing by that contributor's employer to the Board and which is approved by the Board;
"Scheme" means Emergency Services Superannuation Scheme;
S. 3(1) def. of specified standards inserted by No. 4/1996 s. 3(e).
"specified standards" means standards specified under section 29A ;
S. 3(1) def. of spouse inserted by No. 82/1996 s. 6(1), substituted by No. 27/2001 s. 5(Sch. 3 item 2.1(c)).
spouse of a person means a person to whom the person is, or was at the time of the person's death, married;
S. 3(1) def. of State Super-annuation Fund inserted by No. 94/2005 s. 4(1).
"State Superannuation Fund" means the Superannuation Fund established under the Superannuation Act 1925 and continued under the State Superannuation Act 1988 as the State Superannuation Fund and as in existence immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005 ;
S. 3(1) def. of Super-annuation Act inserted by No. 94/2005 s. 4(1), amended by Nos 61/2013 s. 12(b), 37/2014 s. 10(Sch. item 54.1(g)), 5/2019 s. 81(1)(a).
"Superannuation Act" means—
(a) this Act;
(ab) Part 3 of the Parliamentary Salaries, Allowances and Superannuation Act 1968 ;
(b) Part III of the Police Regulation (Pensions) Act 1958 ;
(c) the State Employees Retirement Benefits Act 1979 ;
(d) the State Superannuation Act 1988 ;
(e) the Superannuation Act 1958 ;
(f) the Transport Superannuation Act 1988 ;
S. 3(1) def. of super-annuation benefits inserted by No. 94/2005 s. 4(1).
superannuation benefits includes superannuation payments, annuities, pensions, allowances, lump sum payments or other benefits;
S. 3(1) def. of super-annuation system inserted by No. 37/2007 s. 3.
"superannuation system" has the same meaning as it has in regulation 5.01(1) of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth;
S. 3(1) def. of surchargeable contributions inserted by No. 29/2000 s. 3(2).
"surchargeable contributions" means the surchargeable contributions of a contributor for a particular financial year worked out in accordance with section 8 of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 and any regulations made under that section that apply in respect of that particular financial year;
S. 3(1) def. of surcharge debt account inserted by No. 29/2000 s. 3(2).
"surcharge debt account" means, in relation to a person who is or has been a contributor to the Scheme or member of the ESSPLAN Scheme, the surcharge debt account kept for that person (while he or she was a contributor to the Scheme or member of the ESSPLAN Scheme) under section 25B;
S. 3(1) def. of surcharge deduction amount inserted by No. 29/2000 s. 3(2).
"surcharge deduction amount" means, in relation to a person—
(a) who is or has been a contributor; and
(b) to or in respect of whom benefits become payable under this Act—
the surcharge deduction amount that is specified in a determination made by the Board under section 25B in relation to the person;
S. 3(1) def. of termination of service inserted by No. 82/1996 s. 6(1).
"termination of service" means the cessation of the employment of a contributor whether voluntary or compulsory;
S. 3(1) def. of transferred officer amended by No. 64/1991 s. 4(a).
"transferred officer" means a person who has made a choice, or is deemed to have made a choice, under section 4 to contribute to the Scheme.
S. 3(2) inserted by No. 27/2001 s. 5(Sch. 3 item 2.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 19.2).
(2) For the purposes of the definition of domestic partner in subsection (1)—
S. 3(2)(a) amended by No. 4/2009 s. 37(Sch. 1 item 12.2(a)).
(a) "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and
S. 3(2)(b) amended by No. 4/2009 s. 37(Sch. 1 item 12.2(b)).
(b) in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 3(2A) inserted by No. 40/2010 s. 4(2).
(2A) The definition of partner as substituted by section 4(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the determination by the Board of an entitlement arising under this or any other Superannuation Act on or after the commencement of the substituting section.
S. 3(3) inserted by No. 94/2005 s. 4(5).
(3) A reference in this Act to the administration of a public sector superannuation scheme includes a reference to the management and control of the policies of that scheme.
S. 3(4) inserted by No. 94/2005 s. 4(5).
(4) If there is any inconsistency between a provision which by virtue of this Act is deemed to form part of or is to be read and construed as forming part of a governing instrument and any other provision of the governing instrument, the first-mentioned provision prevails.
S. 3A inserted by No. 94/2005 s. 5.