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TASMANIA
__________
RETIREMENT BENEFITS (TASMANIAN
AMBULANCE SERVICE SUPERANNUATION
SCHEME) BILL 2006
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 - TASMANIAN AMBULANCE SERVICE SUPERANNUATION
SCHEME
4. Creation of Trust Deed
5. Contents of Trust Deed
6. Amendment or revocation and substitution of Trust Deed
7. Former superannuation scheme
8. Guarantee by Minister
PART 3 - MISCELLANEOUS AND SUPPLEMENTAL
9. Winding-up of Provident Fund
10. Regulations
11. Performance and exercise of certain functions and powers
12. Transitional and savings provisions
13. Administration of Act
14. Consequential Amendments
[Bill 10]-I
SCHEDULE 1 - TRANSITIONAL AND SAVINGS PROVISIONS
SCHEDULE 2 - CONSEQUENTIAL AMENDMENTS
2
RETIREMENT BENEFITS (TASMANIAN
AMBULANCE SERVICE SUPERANNUATION
SCHEME) BILL 2006
(Brought in by the Premier, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to provide for the winding-up of the Provident
Fund and the continuation and management of the funds
of the Tasmanian Ambulance Service Superannuation
Scheme as a subfund of the Retirement Benefits Fund, and
to amend the Ambulance Service Act 1982 and the Public
Sector Superannuation Reform Act 1999
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Retirement Benefits
(Tasmanian Ambulance Service Superannuation
Scheme) Act 2006.
2. Commencement
(1) Sections 7, 8, 12 and 14 and Schedules 1 and 2
commence on 30 June 2006 but, if this Act does
not receive the Royal Assent before 30 June
[Bill 10] 3
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
s. 3 Part 1 - Preliminary
2006, those sections and Schedules are taken to
have commenced on 30 June 2006.
(2) The remaining provisions of this Act are taken to
have commenced on 1 May 2006.
3. Interpretation
In this Act, unless the contrary intention
appears -
"accumulation benefit component" means
the part of the former superannuation
scheme that, immediately before the
second commencement day, is the total
of all Accumulated Credits provided for
under the former trust deed;
"Accumulation Scheme" means the
Tasmanian Accumulation Scheme
established under section 7 of the Public
Sector Superannuation Reform Act 1999;
"Actuary" means the Actuary appointed
under regulations in force under the
Retirement Benefits Act 1993;
"Ambulance member" means a person
appointed or employed under the State
Service Act 2000 to perform functions for
the purposes of the Ambulance Service
Act 1982;
4
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
Part 1 - Preliminary s. 3
"Ambulance Service" means the Tasmanian
Ambulance Service established under the
Ambulance Service Act 1982;
"commencement day" means 1 May 2006;
"continued scheme" means the part of the
former superannuation scheme that is
continued by the Trust Deed;
"defined benefit component" means the part
of the former superannuation scheme
that, immediately before the second
commencement day, is not the
accumulation benefit component;
"Director of Ambulance Services" means
the person holding office as the Director
of Ambulance Services under the
Ambulance Service Act 1982;
"former superannuation scheme" means the
Tasmanian Ambulance Service
Superannuation Scheme as administered
by the former trustee immediately before
the second commencement day;
"former trust deed" means the Deed of Trust
executed by the Director of Ambulance
Services on 26 June 1996 in respect of
the Tasmanian Ambulance Service
Superannuation Scheme and includes that
Deed as amended or substituted from
time to time;
5
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
s. 3 Part 1 - Preliminary
"former trustee" means Tasmanian
Ambulance Superannuation Pty Ltd
(ACN 074 500 119) in its capacity as
trustee of the former superannuation
scheme;
"Provident Fund" means the Provident Fund
established under regulation 18 of the
Ambulance Regulations 1964 and
continued by regulation 5 of the
Ambulance Amendment Regulations
1976 and by regulation 4 of the
Ambulance Service Regulations 2001;
"RBF Board" means the Retirement Benefits
Fund Board;
"second commencement day" means
30 June 2006;
"SIS Act" means the Superannuation
Industry (Supervision) Act 1993 of the
Commonwealth;
"Tasmanian Ambulance Service
Superannuation Scheme" means the
Ambulance Service Superannuation
Scheme established by the Ambulance
Commission of Tasmania under the
Ambulance Act 1959;
"TAS Trust Deed" means the Trust Deed
referred to in section 7 of the Public
Sector Superannuation Reform Act 1999
and includes that Deed as amended or
substituted from time to time;
6
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
Part 1 - Preliminary s. 3
"Trust Deed" means the Trust Deed executed
and in force under section 4 and includes
that Deed as amended or substituted from
time to time.
7
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
s. 4 Part 2 - Tasmanian Ambulance Service Superannuation Scheme
PART 2 - TASMANIAN AMBULANCE SERVICE
SUPERANNUATION SCHEME
4. Creation of Trust Deed
(1) The RBF Board must prepare and submit to the
Minister for approval a draft of a trust deed to
continue the defined benefit component of the
former superannuation scheme for persons who,
immediately before the second commencement
day, were contributing to or required to
contribute to, or were deemed to be contributing
to, the former superannuation scheme.
(2) The draft trust deed is to be prepared and
submitted to the Minister -
(a) as soon as practicable after the
commencement day; and
(b) after both the RBF Board and the former
trustee have agreed that the requirements
of the SIS Act relating to successor funds
will be met on the commencement of the
Trust Deed.
(3) The Minister may approve or disapprove of the
draft.
(4) The Minister must not approve of the draft
unless he or she is satisfied that -
(a) the Ambulance Service and the Health
Services Union of Australia - Tasmanian
8
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
Part 2 - Tasmanian Ambulance Service Superannuation Scheme s. 4
No. 1 Branch have been consulted in
respect of the draft; and
(b) the draft complies with, and is consistent
with, this Act and the SIS Act; and
(c) the draft is consistent with the
requirements of the SIS Act relating to
successor funds.
(5) The Minister must notify the Ambulance Service
and the RBF Board, in writing, of his or her
approval or disapproval of a draft submitted
under subsection (1) and, in the event of
disapproval, the RBF Board must prepare and
submit to the Minister a revised draft in
accordance with this section and any requests
made by the Minister.
(6) If the Minister approves of a draft, the notice of
that approval provided to the RBF Board must
specify the day on which the Trust Deed is to
take effect.
(7) After the Minister approves of the draft -
(a) the Minister and the RBF Board must
execute the Trust Deed; and
(b) the Minister must cause to be published
in the Gazette notice of -
(i) the Minister's approval, stating
the day on which the Trust Deed
is to take effect; and
9
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
s. 5 Part 2 - Tasmanian Ambulance Service Superannuation Scheme
(ii) the execution of the Trust Deed.
(8) The Trust Deed takes effect on the day specified
under subsection (6).
(9) The Trust Deed is binding on the Ambulance
Service.
(10) If a notice referred to in subsection (7)(b) is not
published in the Gazette before 30 June 2006,
then on 30 June 2006 the former trust deed is
taken to be the Trust Deed, the Tasmanian
Ambulance Service Superannuation Scheme is
closed to new members, and, notwithstanding
any provisions of the former trust deed and the
Ambulance Service Act 1982, the RBF Board is
taken to be appointed as the trustee of the
Tasmanian Ambulance Service Superannuation
Scheme and the former trust deed continues to
have effect, as the Trust Deed, until midnight on
the day immediately before the day specified
under subsection (6).
(11) If the former trust deed is taken to be the Trust
Deed in accordance with subsection (10), the
Trust Deed is not invalid by reason of any non-
compliance with this Act.
5. Contents of Trust Deed
The Trust Deed is to provide -
(a) for the continuation of the defined
benefit component of the former
10
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
Part 2 - Tasmanian Ambulance Service Superannuation Scheme s. 5
superannuation scheme to be
administered by the RBF Board in
accordance with this Act and the
requirements of the SIS Act; and
(b) that an Ambulance member appointed or
employed on or after 30 June 2006 is not
entitled to become a member of the
continued scheme; and
(c) that all benefits provided by the
continued scheme, other than temporary
incapacity benefits, are to be paid as
lump sums; and
(d) for the amounts, manner and timing of
payment of contributions to the
continued scheme; and
(e) for appeals against decisions,
determinations and orders of the RBF
Board in the course of its administration
of the continued scheme; and
(f) that the only authorised payments from
the continued scheme to the RBF Board
or the Ambulance Service are for -
(i) expenses incurred in the
administration of the continued
scheme; or
(ii) refunds of overpaid contributions;
or
11
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
s. 6 Part 2 - Tasmanian Ambulance Service Superannuation Scheme
(iii) such payments as are permitted
by the SIS Act; and
(g) that the Ambulance Service is to pay to
the RBF Board such additional amounts
as the Minister, on the recommendation
of the Actuary, may direct so as to enable
the RBF Board to meet its liabilities
under this Act.
6. Amendment or revocation and substitution of Trust
Deed
(1) The RBF Board may, in accordance with the
Trust Deed, prepare and submit to the Minister
for approval a draft of a deed to amend or to
revoke and substitute the Trust Deed.
(2) The Minister may approve or disapprove of the
draft.
(3) The Minister must not approve of the draft
unless he or she is satisfied that -
(a) the Ambulance Service and the Health
Services Union of Australia - Tasmanian
No. 1 Branch have been consulted in
respect of the draft; and
(b) the draft complies with, and is consistent
with, this Act and the SIS Act.
(4) The Minister must notify the Ambulance Service
and the RBF Board, in writing, of his or her
approval or disapproval of the draft and, in the
12
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
Part 2 - Tasmanian Ambulance Service Superannuation Scheme s. 6
event of disapproval, the RBF Board must
prepare and submit to the Minister a revised
draft in accordance with this section and any
requests made by the Minister.
(5) If the Minister approves of the draft, the notice
of approval must specify the day on which the
amendment to, or the revocation and substitution
of, the Trust Deed is to take effect.
(6) Where, following the consultation referred to in
subsection (3)(a), the Minister resolves to
approve of the draft -
(a) the Minister and the RBF Board must
execute the deed to amend, or to revoke
and substitute, the Trust Deed; and
(b) the Minister must cause to be published
in the Gazette notice of -
(i) the amendment to, or revocation
and substitution of, the Trust
Deed; and
(ii) the date when the amended or
substituted Trust Deed takes
effect.
(7) The Trust Deed must not be amended or
substituted so as to authorise any payment from
the continued scheme to the RBF Board or the
Ambulance Service other than for -
(a) expenses incurred in the administration
of that scheme; or
13
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
s. 7 Part 2 - Tasmanian Ambulance Service Superannuation Scheme
(b) refunds of overpaid contributions; or
(c) such payments as are permitted by the
SIS Act.
7. Former superannuation scheme
(1) The former superannuation scheme, as existing
immediately before the second commencement
day, forms part of the superannuation scheme
referred to in section 5 of the Retirement Benefits
Act 1993.
(2) The continued scheme -
(a) forms part of the Retirement Benefits
Fund continued by section 11 of the
Retirement Benefits Act 1993; and
(b) is to be administered by the RBF Board
as a subfund of the Retirement Benefits
Fund.
(3) The accumulation benefit component -
(a) is to be transferred to the Accumulation
Scheme; and
(b) forms part of the Retirement Benefits
Fund continued by section 11 of the
Retirement Benefits Act 1993; and
(c) is to be administered by the RBF Board
in accordance with the TAS Trust Deed.
14
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
Part 2 - Tasmanian Ambulance Service Superannuation Scheme s. 8
8. Guarantee by Minister
The Minister administering the Ambulance
Service Act 1982, on behalf of the State, must
guarantee the payment of all contributions
required to be made to the RBF Board by the
Ambulance Service if the Ambulance Service
fails to make the contributions required under
the Trust Deed within 28 days after demand by
the RBF Board.
15
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
s. 9 Part 3 - Miscellaneous and Supplemental
PART 3 - MISCELLANEOUS AND SUPPLEMENTAL
9. Winding-up of Provident Fund
(1) On or before 29 June 2006, the Director of
Ambulance Services must pay any money
constituting the Provident Fund to the
Tasmanian Ambulance Service Superannuation
Scheme.
(2) Money paid into the Tasmanian Ambulance
Service Superannuation Scheme in accordance
with subsection (1) is taken to be employer
contributions for the purposes of the former trust
deed.
10. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the Governor may make regulations that contain
provisions of a savings or transitional nature
consequent on the enactment of this Act or the
establishment, amendment or substitution of the
Trust Deed, including, but not limited to, the
transfer of assets and liabilities.
(3) A regulation referred to in subsection (1) may
take effect on and from the commencement day,
the second commencement day or a later date.
16
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
Part 3 - Miscellaneous and Supplemental s. 11
(4) Regulations made under this section -
(a) may be made so as to apply differently
according to matters, limitations or
restrictions, whether as to time,
circumstance or otherwise, specified in
the regulations; and
(b) may authorise any matter to be from time
to time determined, applied or regulated
by the RBF Board.
11. Performance and exercise of certain functions and
powers
Any person referred to in section 4 may perform
any function or exercise any power that the
person may perform or exercise under that
section notwithstanding that this Act has not
received the Royal Assent.
12. Transitional and savings provisions
The transitional and savings provisions specified
in Schedule 1 have effect.
13. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
17
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
s. 14 Part 3 - Miscellaneous and Supplemental
(a) the administration of this Act is assigned
to the Treasurer; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Treasury
and Finance.
14. Consequential Amendments
The legislation specified in Schedule 2 is
amended as specified in that Schedule.
18
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
sch. 1
SCHEDULE 1 - TRANSITIONAL AND SAVINGS
PROVISIONS
Section 12
1. Transfer of property of former trustee, &c.
(1) On the second commencement day -
(a) any estate or interest in land and any
money, investments or other property of
the former trustee are transferred to, and
vest in, the RBF Board; and
(b) all obligations and liabilities of the
former trustee that are subsisting
immediately before that day become
obligations and liabilities of the RBF
Board.
(2) On and after the second commencement day -
(a) any debt, money or claim, whether
liquidated or unliquidated, that,
immediately before that day, was payable
to, or recoverable by, the former trustee
is to be a debt, money or claim payable
to, or recoverable by, the RBF Board, as
the case may be; and
(b) any debt due from or money payable by,
or any claim, whether liquidated or
unliquidated, enforceable against, the
former trustee immediately before that
day becomes a debt due from, money
19
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
sch. 1
payable by or claim enforceable against
the RBF Board.
2. Construction of instruments
(1) This clause applies to an instrument which was
in force immediately before the second
commencement day and in which there is a
reference to the former trustee.
(2) An instrument to which this clause applies has
effect on and from the second commencement
day as if -
(a) the reference to the former trustee were a
reference to the RBF Board; or
(b) if the case so requires, the reference to
the former trustee included a reference to
the RBF Board -
unless the context or subject matter of the
instrument otherwise indicates or requires.
3. Continuation of proceedings
(1) Any legal or other proceedings that might,
immediately before the second commencement
day, have been continued or instituted by, or
against, the former trustee may, on and after that
day, be continued or instituted by, or against, the
RBF Board.
20
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
sch. 1
(2) A judgment or order of a court obtained in legal
proceedings by or against the former trustee may
be enforced by or, as the case may be, against
the RBF Board.
4. Powers of RBF Board in respect of matters arising
under clauses 2 and 3
On and after the second commencement day, the
RBF Board may -
(a) in addition to pursuing any other
remedies or exercising any other powers
that may be available to it, pursue the
same remedies for the payment or
recovery of debts, money and claims
referred to in clause 1(2) that are payable
to, or recoverable by, the former trustee
and for the prosecution of proceedings
referred to in clause 3 as the former
trustee might have done but for the
enactment of this Act; and
(b) enforce and realise any security or
charges existing in favour of the former
trustee immediately before the second
commencement day and exercise any
powers conferred by that security or
charge as if it were a security or charge
in favour of the RBF Board.
21
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
sch. 1
5. Savings for determinations and decisions of former
trustee
Any determination or decision made in the
administration of the former superannuation
scheme affecting the rights of an Ambulance
member that was in force immediately before the
second commencement day continues to have
effect notwithstanding the repeals effected by
clause 3 of Schedule 2 unless the determination
or decision is varied or rescinded by the RBF
Board acting in accordance with the Trust Deed.
6. Contracts and agreements
Any contract, agreement, arrangement or
undertaking entered into by the former trustee, if
not executed, discharged or otherwise terminated
before the second commencement day, is taken
to be a contract, agreement, arrangement or
undertaking entered into by the RBF Board.
7. Statement of accounts and annual report
(1) Notwithstanding the repeals effected by clause 3
of Schedule 2, it is the duty of the former trustee
to prepare and submit to the Minister, as soon as
practicable after the second commencement day,
a statement of accounts and a further report,
containing such particulars as the Minister may
direct, relating to any period determined by the
22
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
sch. 1
Minister and, for the purposes of this clause, the
RBF Board must -
(a) allow the former trustee to have access to
all relevant documents and records; and
(b) pay from the relevant subfund all
reasonable costs incurred by the former
trustee.
(2) In this clause, a reference to the Minister
includes a reference to the Minister who
administers the Ambulance Service Act 1982.
23
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
sch. 2
SCHEDULE 2 - CONSEQUENTIAL AMENDMENTS
Section 14
Ambulance Service Act 1982
1. Section 3 is amended as follows:
(a) by omitting the definitions of
"Commonwealth Acts" and
"Constitutional Corporation";
(b) by omitting the definition of
"Superannuation Scheme";
(c) by omitting the definitions of "trust
deed" and "Trustee".
2. Section 23 is amended by inserting after
subsection (2) the following subsections:
(3) The statement of accounts prepared by
the Director under this section is to
include a certificate by the Director that,
if it is the case, the Director has met his
or her obligations under the
Superannuation Guarantee
(Administration) Act 1992 of the
Commonwealth in respect of any
Ambulance member who is, or becomes,
a member of an RSA or a complying
superannuation scheme to which the
Director contributes.
24
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
sch. 2
(4) The Director is to include in the
statement of accounts any other
prescribed information relating to any
other superannuation scheme or RSA in
cases where persons appointed or
employed under the State Service Act
2000 are performing functions for the
purposes of this Act.
(5) In this section -
"Ambulance member" has the same
meaning as in the Retirement
Benefits (Tasmanian Ambulance
Service Superannuation Scheme)
Act 2006;
"complying superannuation
scheme" means the Tasmanian
Accumulation Scheme
established under section 7 of the
Public Sector Superannuation
Reform Act 1999 or a
superannuation scheme that is a
complying superannuation fund
for the purposes of the
Superannuation Industry
(Supervision) Act 1993 of the
Commonwealth;
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth.
25
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
sch. 2
3. Sections 41, 41A and 41B are repealed.
4. Section 42(2) is amended as follows:
(a) by omitting from paragraph (c)
"Director;" and substituting "Director;
and";
(b) by omitting paragraphs (d) and (e).
Public Sector Superannuation Reform Act 1999
1. Section 3(1) is amended as follows:
(a) by omitting "Commission;" from
paragraph (e) of the definition of
"Agency" and substituting "Commission;
or";
(b) by inserting the following paragraph after
paragraph (e) in the definition of
"Agency":
(f) the Tasmanian Ambulance
Service;
(c) by omitting "Commission;" from
paragraph (f) of the definition of
"Agency manager" and substituting
"Commission; or";
(d) by inserting the following paragraph after
paragraph (f) in the definition of
"Agency manager":
26
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
sch. 2
(g) the Director of Ambulance
Services;
(e) by inserting the following definition after
the definition of "Agency manager":
"Ambulance member" means a
person appointed or employed
under the State Service Act 2000
to perform functions for the
purposes of the Ambulance
Service Act 1982;
(f) by omitting the definition of "employee"
and substituting the following definition:
"employee" means a person, other
than a person who is excluded
from the application of the
Principal Regulations, who is
employed in any position or
capacity -
(a) as a State Service officer
or State Service
employee; or
(b) by a prescribed authority;
or
(c) by a State-owned
company; or
(d) by another body or person
carrying on an industry or
27
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
sch. 2
undertaking for or on
behalf of the State -
and includes -
(e) a police officer, trainee
and junior constable as
defined in the Police
Service Act 2003; and
(f) a Fire Service member
who is first appointed or
employed on or after
1 July 2005; and
(g) a Fire Service member
appointed before
1 July 2005 who is not a
member of the
superannuation scheme
continued by the Trust
Deed in force under
section 4 of the
Retirement Benefits (State
Fire Commission
Superannuation Scheme)
Act 2005; and
(h) an Ambulance member
who is first appointed or
employed on or after
30 June 2006; and
(i) an Ambulance member
appointed before
30 June 2006 who is not a
28
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006
Act No. of
sch. 2
member of the
superannuation scheme
continued by the Trust
Deed in force under
section 4 of the
Retirement Benefits
(Tasmanian Ambulance
Service Superannuation
Scheme) Act 2006;
Government Printer, Tasmania 29