Victorian Numbered Acts Victorian Numbered ActsFor section 7 of the Emergency Services Superannuation Act 1986 substitute —
(1) The Board is to consist of 12 members appointed by the Governor in Council of whom—
(a) 1 is to be a contributor elected by contributors who are employed under the Police Regulation Act 1958 or by the employee organisations representing those contributors; and
(b) 1 is to be a contributor elected by contributors who are officers or employees of the Metropolitan Fire and Emergency Services Board or persons appointed by the Country Fire Authority under section 17 of the Country Fire Authority Act 1958 or by the employees of the unions representing those contributors; and
(c) 1 is to be a contributor elected by contributors who are employees appointed by Ambulance Services—Victoria under the Ambulance Services Act 1986 or by any other ambulance service specified by the Minister under this Act and by contributors who are not employees referred to in paragraph (a) or (b); and
(d) 3 are to be members of the Scheme elected by members of the Scheme; and
(e) 6 are to be persons nominated by the Minister.
(2) The Governor in Council must appoint a member nominated under sub-section (1)(e) to be the President of the Board.
(3) For the purposes of sub-section (1)(a), (1)(b) and (1)(c), each of the contributor members of the Board in office immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005 continue in office for the remainder of the term for which the member was elected unless the member ceases to be a member for any of the reasons specified in section 8(1) or is suspended or removed from office;
(4) Despite sub-section (1)(d), until 31 December 2006 the members appointed for the purposes of that sub-section as from 1 December 2005 are to be members of the Scheme being the persons elected under section 10(1)(c) of the Government Superannuation Act 1999 and in office as members of the Board of Directors of the Government Superannuation Office immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005 and who are to be members until 31 December 2006, unless the member ceases to be a member for any of the reasons specified in section 8(1) or is suspended or removed from office.
(5) Despite sub-section (1)(e)—
(a) each of the members of the Board, not being an elected member, in office immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005 continue in office for the remainder of the term for which the member was appointed; and
(b) 3 of the members appointed for the purposes of that sub-section as from 1 December 2005 are to be the persons appointed under section 10(1)(b) of the Government Superannuation Act 1999 and in office as members of the Board of Directors of the Government Superannuation Office immediately before the commencement and who are to be members for the remainder of the term for which the member was appointed as a member of the Board of Directors of the Government Superannuation Office—
unless the member ceases to be a member for any of the reasons specified in section 8(1) or is suspended or removed from office.
(6) Despite sub-section (2), the person who immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005 was the President continues, subject to this Act, in office for the remainder of the term for which the person was appointed to be the President.
(7) A member of the Board is to be appointed for a term not exceeding 5 years as is specified in the member's instrument of appointment.
(8) Despite sub-section (7), the term of office of an elected member of the Board may exceed 5 years but not 6 years if the member is elected to fill a casual vacancy in respect of a member who had an unexpired term of less than 1 year.
(9) A member of the Board is eligible for re-appointment.
(10) Elections of members to the Board must be held in accordance with procedures determined by the Board.
(11) If there is no candidate at an election or no person is elected at an election, the Governor in Council may appoint a person to be a member who is approved by the Minister and recommended by the relevant employee organisation or union, although that person has not been elected.
(12) The Board is deemed to be the same body on and after as before the commencement of the Superannuation Legislation (Governance Reform) Act 2005 .
(13) In this section and sections 8(1)(d) and 12—
"contributor" means—
(a) a person who is a contributor within the meaning of section 3(1); or
(b) a person who is a member within the meaning of section 21;
"contributor member of the Board" means a member of the Board under sub-section (1)(a), (1)(b) or (1)(c);
"member of the Scheme" means—
(a) a person who is eligible to make contributions under the State Superannuation Act 1988 and be the subject of contributions to the Scheme by an employing authority under that Act; or
(b) a person who is eligible to make contributions under the State Employees Retirement Benefits Act 1979 and be the subject of contributions to the Scheme by an employer under that Act; or
(c) a person who is eligible to make contributions under the Transport Superannuation Act 1988 and be the subject of contributions to the Scheme by a Transport Authority under that Act; or
(d) a person who is eligible to make contributions under the governing instrument of an administered scheme and be the subject of contributions by an employer under that governing instrument;
"Scheme member of the Board" means a member of the Board under sub-section (1)(d).'.