Victorian Numbered Acts Victorian Numbered ActsAfter Part 4 of the Emergency Services Superannuation Act 1986 insert —
In this Part—
"commencement day" means the day on which the Superannuation Legislation (Governance Reform) Act 2005 comes into operation;
"Office" means the Government Superannuation Office established under the Government Superannuation Act 1999 .
(1) On the commencement day, the assets and liabilities of the State Superannuation Fund are by virtue of this section transferred to the Scheme and form part of the Scheme.
(2) On and after the commencement day—
(a) the contributions of employing authorities and the payments and repayments by employing authorities and any other money received or recovered by the Board under the State Superannuation Act 1988 are to be paid into the Scheme;
(b) the contributions of employees and the payments and repayments by employers and any other money received or recovered by the Board under the State Employees Retirement Benefits Act 1979 are to be paid into the Scheme;
(c) the contributions of members and the payments and repayments by a transport authority and any other money received or recovered by the Board under the Transport Superannuation Act 1988 are to be paid into the Scheme;
(d) the benefits provided for in the State Superannuation Act 1988 and all the costs of administering that Act are to be paid out of the Scheme;
(e) the benefits provided for in the State Employees Retirement Benefits Act 1979 and all the costs of administering that Act are to be paid out of the Scheme;
(f) the benefits provided for in the Transport Superannuation Act 1988 and all the costs of administering that Act are to be paid out of the Scheme.
(3) The transfer effected by this section does not affect the benefits and entitlements conferred or the duties and obligations imposed under the State Superannuation Act 1988 , the State Employees Retirement Benefits Act 1979 or the Transport Superannuation Act 1988 .
(1) On the commencement day—
(a) the administration of the MTA Superannuation Fund is transferred to the Board;
(b) all property, rights and assets of the MTA Superannuation Fund are by virtue of this Act held by the Board;
(c) all liabilities of the MTA Superannuation Fund are by virtue of this Act held by the Board;
(d) all property, rights and assets of the Office are by virtue of this Act held by the Board;
(e) all liabilities of the Office are by virtue of this Act held by the Board;
(f) the Board is the successor in law of the Office;
(g) the Office ceases to exist and the Directors of the Board of the Office go out of office.
(2) If, immediately before the commencement day, proceedings in respect of the State Superannuation Fund or the MTA Superannuation Fund to which the Office was a party were pending or existing in any court or tribunal, then, on and after that commencement, the Board is substituted for the Office as a party to the proceedings and has the same rights and obligations in the proceedings as the Office.
(3) If, immediately before the commencement day, proceedings in respect of which the Office was a party were pending or existing in any court or tribunal, then, on and after that commencement, the Board is substituted for the Office as a party to the proceedings and has the same rights and obligations in the proceedings as the Office.
(4) On and after the commencement day, any
reference in any Act (other than this Act), regulation, subordinate instrument
or other document whatsoever to the Victorian Superannuation Board or the
Office is to be construed as a reference to the Board, unless the contrary
intention appears.
s. 20
No stamp duty or other tax is payable under any Act in respect of anything done under this Part.
The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are necessary because of the operation of this Part.
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This Part applies to a public sector superannuation scheme which the Minister by instrument in writing specifies to be a public sector superannuation scheme to which this Part applies.
The Governor in Council may by Order in Council declare that—
(a) a public sector superannuation scheme specified under section 22DF is an administered scheme; and
(b) the administration of that public sector superannuation scheme is as from the appointed day specified in the Order in Council transferred to the Board.
(1) On the appointed day—
(a) the administration of the administered scheme is transferred to the Board;
(b) all property, rights and assets of the administered scheme are by virtue of this Act held by the Board;
(c) all liabilities of the administered scheme are by virtue of this Act held by the Board;
(d) the Board is the successor in law of the governing body in respect of the administered scheme.
(2) Without derogating from sub-section (1), the Board shall in respect of the administered scheme have, exercise and discharge the responsibilities, liabilities, rights, powers, authorities, duties and functions conferred or imposed upon the governing body by or under the governing instrument.
(3) If immediately before the appointed day proceedings in respect of the administered scheme to which the governing body of the administered scheme was a party were pending or existing in any court or tribunal, then, on and after the appointed day, the Board is substituted for the governing body as a party to the proceedings and has the same rights and obligations in the proceedings as the governing body.
(4) On and after the appointed day, any reference in the governing instrument or in any Act, regulation, subordinate instrument or other document whatsoever to the governing body in respect of the administered scheme is to be construed as a reference to the Board, unless the contrary intention appears.
(5) On the appointed day the governing body of the administered scheme ceases to exist by virtue of this Act.
If there is a conflict between a duty, function or power conferred on the Board by this Act and a duty, function or power conferred on the Board in respect of an administered scheme by the governing instrument of that administered scheme, the Board must perform or exercise the duty, function or power conferred by this Act and in doing so is deemed to have complied with the governing instrument.
(1) The Governor in Council may by Order in Council provide for any matter necessary or convenient to give effect to this Part or to any other Order in Council under this Part and to enable the effective implementation of the transfer of administration of an administered scheme to the Board and the administration of the administered scheme by the Board.
(2) Without limiting the generality of sub-section (1), the Order in Council may provide for—
(a) any property, income, assets, rights, liabilities, expenses or other matters to be apportioned, settled, transferred, adjusted or determined;
(b) the resolution of any dispute relating to any apportionment, settlement, transfer, adjustment or determination;
(c) any party to a dispute to bear the costs of resolving the dispute;
(d) transitional provisions in relation to any act, matter or thing done or required to be done by or in relation to any administered scheme.
(1) An Order in Council made under this Part—
(a) must specify a day or days upon which the Order in Council comes into operation;
(b) upon being published in the Government Gazette has the like force and effect as if it were expressly enacted in this Act;
(c) may be amended or revoked by another Order in Council;
(d) has full force and effect despite any non-compliance with any of the matters required by this Act as preliminary to the making of the Order in Council.
(2) An Order in Council made under this Part may—
(a) apply generally or be limited in its application by reference to specified matters or things;
(b) apply differently according to different factors or subject to specified exceptions;
(c) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a person or body specified in the Order in Council;
(d) confer powers or impose duties in connection with the Order in Council on a person or body specified in the Order in Council;
(e) apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act;
(f) contain provisions of a savings and transitional nature consequent on the making of the Order in Council, including providing for the construction of references in any instrument or in any other document of any kind.
No stamp duty or other tax is payable under any Act in respect of anything done under this Part.
The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are necessary because of the operation of this Part.
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See:
Act
No.
8/1999.
Reprint
No. 1
as
at
10 May
2001
and
amending
Act
Nos
70/2003, 40/2004, 78/2004 and
108/2004.
LawToday:
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