Victorian Numbered Acts Victorian Numbered ActsAfter section 30 of The Constitution Act Amendment Act 1958 insert —
(1) In this section—
"Parliament" means—
(a) the Parliament of Victoria; or
(b) the Parliament of the Commonwealth of Australia;
"police force" includes the officers and other members of the police force of Victoria;
"public service" includes as well as employees in the public service—
(a) permanent and temporary medical officers employed under the Mental Health Act 1986 or the Intellectually Disabled Persons' Services Act 1986 ;
(b) any employee within the meaning of section 3(1) of the Emergency Services Superannuation Act 1986 ;
(c) any officer within the meaning of the State Superannuation Act 1988 not otherwise included within the definitions of "public service" or "teaching service";
"teaching service" includes, as well as officers and employees in the teaching service, any person who is certified by the Secretary to the Department of Education and Training to be employed in whole-time duties on the permanent staff of any school or schools for technical education receiving aid from the Consolidated Fund.
(2) A member of the public service, the teaching service or the police force who—
(a) is after the commencement of section 10 of the Parliamentary Superannuation Legislation (Reform) Act 2004 elected a member of Parliament; and
(b) ceases to be a member of Parliament within 5 years of that commencement without being entitled to a pension under this Act or the Parliamentary Contributory Superannuation Act 1948 of the Commonwealth or any similar Act—
is entitled, on application in writing to the proper authority within 3 months after so ceasing to be a member of Parliament, to reinstatement in the public service, the teaching service or the police force subject to the provisions in relation to classification, superannuation, sick leave and long service leave specified in sub-section (3).
(3) The provisions are—
(a) he or she must be re-employed in the public service, the teaching service or the police force in a classification, grade or office not inferior to that in which he or she was employed when he or she ceased to be employed in the public service, teaching service or police force by reason of his or her election as a member of Parliament;
(b) if immediately before he or she so ceased to be employed, he or she was a contributor under the State Superannuation Act 1988 , he or she becomes a contributor under that Act if, on being re-employed in the public service or the teaching service, he or she pays into the State Superannuation Fund under that Act an amount equal to—
(i) the sum paid to him or her out of the State Superannuation Fund when he or she so ceased to be employed; and
(ii) an additional amount equal to the contributions he or she would have been required to make under the State Superannuation Act 1988 if he or she had remained in the public service or teaching service during the period from so ceasing to be employed until re-employment in the public service or teaching service—
and on payment of that amount into the State Superannuation Fund he or she is to be treated for the purposes of the State Superannuation Act 1988 as if he or she had continued to be a contributor under that Act during that period;
(c) if immediately before he or she so ceased to be a member of the police force rateable deductions were being made under the Police Regulation Act 1958 , on becoming a member of the police force again he or she becomes entitled to the same rights in respect of a pension as he or she would have had if he or she had not ceased to be a member of the police force if he or she pays into the Police Pensions Fund under that Act an amount equal to—
(i) the sum paid to him or her out of the Police Pensions Fund when he or she so ceased to be a member; and
(ii) an additional amount equal to the deductions that would have been made under that Act if he or she had remained a member of the police force during the period that he or she was not a member—
and on payment of that amount into the Police Pension Fund he or she is to be treated for the purposes of entitlement to a pension under the Police Regulation Act 1958 as if he or she had continued to be a member of the police force during that period;
(d) if immediately before he or she so ceased to be employed, he or she was a contributor under the State Employees Retirement Benefits Act 1979 , he or she becomes a contributor under that Act if, on being re-employed in the public service or teaching service, he or she pays into the State Superannuation Fund under that Act an amount equal to—
(i) the sum paid to him or her out of the State Superannuation Fund when he or she so ceased to be employed; and
(ii) an additional amount equal to the contributions he or she would have been required to make under the State Employees Retirement Benefits Act 1979 if he or she had remained in the public service or the teaching service during the period from so ceasing to be employed until re-employment in the public service or teaching service—
and on payment of that amount into the State Superannuation Fund he or she is to be treated for the purposes of the State Employees Retirement Benefits Act 1979 as if he or she had continued to be a contributor under that Act during that period;
(e) if immediately before he or she so ceased to be employed he or she was a contributor under the Emergency Services Superannuation Act 1986 , he or she becomes a contributor under that Act if, on being re-employed in the public service, he or she pays into the Scheme under that Act an amount equal to—
(i) the sum paid to him or her out of that Scheme when he or she so ceased to be employed; and
(ii) an additional amount equal to the contributions he or she would have been required to make under the Emergency Services Superannuation Act 1986 if he or she had remained in the public service during the period from so ceasing to be employed until re-employment in the public service—
and on payment of that amount into the Fund he or she is to be treated for the purposes of the Emergency Services Superannuation Act 1986 as if he or she had continued to be a contributor under that Act during that period;
(f) if immediately before he or she so ceased to be employed, he or she was a member under the Transport Superannuation Act 1988 , he or she becomes a member under that Act if, on being re-employed in the public service, he or she pays into the State Superannuation Fund under that Act an amount equal to—
(i) the sum paid to him or her out of the State Superannuation Fund when he or she so ceased to be employed; and
(ii) an
additional amount equal to the contributions he or she would have been
required to make under the Transport Superannuation Act 1988 if he or she had
remained in the public service during the period from so ceasing to be
employed until re-employment in the public service—
s. 10
and on payment of that amount into the State Superannuation Fund he or she is to be treated for the purposes of the Transport Superannuation Act 1988 as if he or she had continued to be a member under that Act during that period;
(g) upon re-employment in the public service, teaching service or police force he or she is to be credited with the amount of sick leave to which he or she was entitled on so ceasing to be employed;
(h) upon re-employment in the public service, teaching service or police force, a period from his or her ceasing to be employed in the public service, teaching service or police force until re-employment in the public service, teaching service or police force—
(i) is to be regarded for the purposes of any long service leave as continuous with service in the public service, teaching service or the police force;
(ii) is not in the computation of the period of long service leave to be counted as service with the public service or teaching service or in the police force.
(4) For the purposes of this section, if after the commencement of section 9 of the Constitution (Parliamentary Reform) Act 2003 , a person becomes a member as a result of being chosen under section 27A of the Constitution Act 1975 to fill a casual vacancy in the Legislative Council the person is taken to be elected a member of Parliament on the day that the person is chosen to fill the casual vacancy.'.
__________________
See:
Act
No.
8/1999.
Reprint
No. 1
as
at
10 May
2001
and
amending
Act
Nos
70/2003 and
40/2004.
LawToday:
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dpc.vic.
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