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SUPERANNUATION ACTS (FURTHER AMENDMENT) BILL 1996

Clause                                                               Page


   Superannuation Acts (Further Amendment) Act
                       1996
                                   Act No.


                        TABLE OF PROVISIONS
Clause                                                               Page

PART 1--PRELIMINARY                                                     2
  1.     Purpose                                                        2
  2.     Commencement                                                   2

PART 2--AMENDMENT OF THE COAL MINES (PENSIONS)
ACT 1958                                                                3
  3.     Repeal of provisions relating to Tribunal                      3
         100A. Administration of this Part                              3
  4.     New section 115A inserted                                      3
         115A. Commutation of pension entitlement                       3
  5.     Consequential amendments                                       4

PART 3--AMENDMENT OF EMERGENCY SERVICES
SUPERANNUATION ACT 1986                                                 5
  6.     Amendment of section 3                                         5
  7.     Amendment of section 4                                        10
  8.     Amendment of section 7                                        13
  9.     Actuarial reviews                                             13
  10.    New sections inserted                                         13
         20A. Contributions                                            13
         20B. Membership                                               15
         20C. Accrued benefits                                         17
         20D. Retirement of contributor                                19
         20E.    Death of contributor or police recruit                19
         20F.    Disability of contributor or police recruit           22
         20G. Temporary pension for illness or injury                  28
         20H. Termination due to ill health                            29
         20I.    Indexation of pensions                                30
         20J.    Retrenchment of contributor                           32
         20K. Other termination of service of contributor              32
         20L.    Restriction of death and disability benefits          33
         20M. Optional contributions during leave of absence           35
         20N. Legal personal representatives                           36
         20O. Death benefit when no dependants                         36
         20P.    Payment of benefits in case of multiple claimants     37


531055B.I1-13/11/96                                  BILL LA INTRODUCTION
                                      i
13/11/96

 


 

Clause Page 20Q. Separate employer accounts 37 20R. Remittance of contributions 39 20S. Minimum Requisite Benefit 40 11. New Part inserted 40 PART 3A--ESSPLAN SCHEME 40 21. Definitions 40 21A. ESSPLAN Scheme 42 21B. Membership of ESSPLAN 42 21C. Employer contributions 45 21D. Member's contributions for ESSPLAN 46 21E. Amount and payment of benefits under ESSPLAN 47 21F. Disability and death cover under ESSPLAN 48 21G. Disability and death insurance under ESSPLAN 51 21H. Amount and payment of disability or death benefits 51 21I. Member's accounts for ESSPLAN 52 21J. Beneficiaries Accounts 53 21K. Investment funds 55 21L. Net earning rate 56 21M. Transfer of preserved benefit 56 21N. Transfer to or from new scheme 57 21O. Transfer of benefits to other fund 57 12. New section 23A inserted 58 23A. Application for disability benefit 58 13. Amendment of section 26 58 14. New section 26A inserted 58 26A. Early release of benefits 58 15. Section 27 substituted 59 27. Money owing to the Scheme 59 16. New section 28A inserted 59 28A. Payment of benefits if person is incapable 60 17. Amendment of section 29 60 18. Amendment of section 29A 61 19. Amendment of regulation-making powers 62 20. Consequential amendments 62 21. Revocation of regulations 64 PART 4--AMENDMENT OF HOSPITALS SUPERANNUATION ACT 1988 66 22. Amendment of section 3 66 23. Repeal of section 18 68 24. Amendment of section 23 68 25. New Part inserted 68 PART 4A--OLD SCHEME 68 531055B.I1-13/11/96 BILL LA INTRODUCTION ii 13/11/96

 


 

Clause Page 25A. Definitions 68 25B. Medical classifications for old scheme contributors 73 25C. Benefits payable in accordance with transitional medical classifications 74 25D. Accrued retirement benefits for old scheme contributors to whom section 31 applies 75 25E. Additional benefits for contributory service before 1 July 1988 75 25F. Retirement benefit option 76 25G. Disability benefit option 79 25H. Death benefits option 81 25I. Minimum death and disability benefit 84 25J. Retrenchment benefit option 84 25K. Deferred resignation benefit option 85 25L. Options for contributors who are paying at 35% or 6% 85 25M. Additional death and disability benefits 86 25N. Death of a pensioner 86 25O. Death of a former contributor entitled to outstanding instalment of disability lump sum benefit 88 25P. No entitlement to multiple pensions 88 25Q. Death of spouse pensioner 91 25R. Maximum lump sum benefit payable 92 25S. Children's allowances 93 25T. Commutation of pensions 94 25U. Reduction of pensions 95 25V. Payment of deferred benefits 96 25W. Benefits for supplementary contributions 98 25X. Application of the Act to pensions, allowances and deferred benefits under previous Act and previous Regulations 99 26. Delegation of powers 99 27. New section 42A inserted 100 42A. Member on leave of absence 100 28. New sections 43A-43D inserted 101 43A. Health impairments 101 43B. Benefits payable to a contributor issued with a medical classification certificate 103 43C. Ongoing medical examinations 104 43D. Fees for medical reviews 105 29. New section 51B inserted 105 51B. Early release of benefits 105 30. New sections 56B and 56C inserted 105 56B. Payment of contributions 105 56C. Mode of election 106 31. Amendment of section 58B 106 32. Consequential amendments 107 531055B.I1-13/11/96 BILL LA INTRODUCTION iii 13/11/96

 


 

Clause Page 33. Consequential amendments 107 34. Revocation of regulations 108 PART 5--AMENDMENT OF LOCAL AUTHORITIES SUPERANNUATION ACT 1988 109 35. Amendment of section 3 109 36. Amendment of section 23 110 37. New section 34A inserted 110 34A. Temporary benefit 110 38. Amendment of section 36 112 39. Delegation of power 113 40. New section 50B inserted 114 50B. Early release of benefits 114 41. Amendment of section 50D 114 PART 6--AMENDMENT OF PARLIAMENTARY SALARIES AND SUPERANNUATION ACT 1968 116 42. Amendment of sections 12 and 13 116 43. Amendment of section 21C 117 44. New section 23A inserted 119 23A. Early release of benefits 119 45. Amendment of section 24C 119 PART 7--AMENDMENT OF PORT OF GEELONG AUTHORITY ACT 1958 121 46. New section 12A inserted 121 12A. Closure of PGASF 121 47. Repeal of section 13 122 PART 8--AMENDMENT OF PUBLIC SECTOR SUPERANNUATION (ADMINISTRATION) ACT 1993 123 48. Power of delegation 123 49. New section 42A inserted 123 42A. Early release of benefits 123 50. Amendment of section 53 123 51. Amendment of section 68A 124 PART 9--AMENDMENT OF STATE EMPLOYEES RETIREMENT BENEFITS ACT 1979 125 52. Amendment of section 18 125 53. Amendment of section 54 125 54. Amendment of section 60 125 55. Section 65A repealed 126 531055B.I1-13/11/96 BILL LA INTRODUCTION iv 13/11/96

 


 

Clause Page 56. New section 68 inserted 126 68. Early release of benefits 126 57. Amendment of section 73 126 PART 10--AMENDMENT OF STATE SUPERANNUATION ACT 1988 128 58. Amendment of definitions 128 59. Amendment of sections 16 and 16A 128 60. Amendment of section 23 128 61. Amendment of section 37 128 62. Amendment of section 47 129 63. New section 71A inserted 129 71A. Early release of benefits 129 64. Amendment of section 90A 129 65. Amendment of section 92A 129 66. New section 99 inserted 130 99. Transfer of members under section 4(1BA) of ESSA 130 67. Consequential amendments 131 PART 11--AMENDMENT OF SUPERANNUATION (PORTABILITY) ACT 1989 132 68. Amendment of section 5 132 69. Amendment of section 7 132 70. Amendment of section 10 132 PART 12--AMENDMENT OF TRANSPORT SUPERANNUATION ACT 1988 134 71. Amendment of definition 134 72. Amendment of section 22 134 73. Amendment of section 31 134 74. Section 44D substituted 135 44D. Early release of benefits 135 75. Amendment of section 53 135 531055B.I1-13/11/96 BILL LA INTRODUCTION v 13/11/96

 


 

Clause Page PART 13--MISCELLANEOUS 136 76. New section 27A inserted into Equal Opportunity Act 1995 136 27A. Exception--early retirement schemes 136 77. Port of Melbourne Authority (Superannuation) Regulations 1989 136 78. Statute law revision 136 79. Repeals 137 NOTES 138 531055B.I1-13/11/96 BILL LA INTRODUCTION vi 13/11/96

 


 

A BILL to amend the Coal Mines (Pensions) Act 1958, the Emergency Services Superannuation Act 1986, the Hospitals Superannuation Act 1988, the Local Authorities Superannuation Act 1988, the Port of Geelong Authority Act 1958, the Parliamentary Salaries and Superannuation Act 1968, the Public Sector Superannuation (Administration) Act 1993, the State Employees Retirement Benefits Act 1979, the State Superannuation Act 1988, the Superannuation (Portability) Act 1989 and the Transport Superannuation Act 1988 and for other purposes. Superannuation Acts (Further Amendment) Act 1996 The Parliament of Victoria enacts as follows: 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 1

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 1 Act No. PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to amend certain specified Superannuation Acts to further rationalise the administration of public sector 5 superannuation schemes and to make superannuation related amendments to certain other Acts and regulations. 2. Commencement (1) Subject to this section, this Act comes into 10 operation on the day on which it receives the Royal Assent. (2) Sections 42 and 78 are deemed to have come into operation on 18 June 1996. (3) Section 43 is deemed to have come into operation 15 on 2 July 1996. (4) Sections 3 to 34, 38 to 41, 44, 48 to 67 and 71 to 75 come into operation on 1 January 1997. (5) Sections 35(2) and 37 come into operation on 1 March 1997. 20 _______________ 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 2

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 3 Act No. PART 2--AMENDMENT OF THE COAL MINES (PENSIONS) ACT 1958 3. Repeal of provisions relating to Tribunal (1) In the Coal Mines (Pensions) Act 1958-- (a) Division 3 of Part III is repealed; 5 (b) sections 121, 123, 124, 126, 129 and 131 are repealed. (2) Before section 101 of the Coal Mines (Pensions) Act 1958 insert-- "100A. Administration of this Part 10 (1) This Part is to be administered by the Board which administers a public sector superannuation scheme and is appointed by the Minister by notice published in the Government Gazette to be the administrator 15 of this Part. (2) A reference in this Part to-- (a) the Pensions Tribunal or the Tribunal is to be construed as a reference to the Board; and 20 (b) the Chairman of the Tribunal is to be construed as a reference to the President or Chairperson of the Board, as the case may be.". 4. New section 115A inserted 25 After section 115 of the Coal Mines (Pensions) Act 1958 insert-- "115A. Commutation of pension entitlement (1) A person receiving a pension under this Part may elect in writing to the Board to convert 30 his or her pension entitlement to a lump sum. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 3

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 5 Act No. (2) The amount of the lump sum payment is to be determined by the Board on the advice of an actuary.". 5. Consequential amendments Sections 101, 102, 108, 109, 111, 114, 115 and 5 132 of the Coal Mines (Pensions) Act 1958 are repealed. _______________ 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 4

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 6 Act No. PART 3--AMENDMENT OF EMERGENCY SERVICES SUPERANNUATION ACT 1986 6. Amendment of section 3 (1) In section 3 of the Emergency Services Superannuation Act 1986 insert the following 5 definitions-- ' "adjusted total contributions" means the sum of-- (a) the total contributions (other than optional contributions under section 10 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 15 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 20 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 25 termination of service of the contributor determined by the Board having regard to any money or other assets transferred from an approved superannuation arrangement; 30 "consumer price index" means the all groups consumer price index number for all Capital Cities published by the Commonwealth 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 5

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 6 Act No. Statistician in respect of the June and December quarter for each year; "current equivalent of salary on termination of service" means the salary that the Board determines, having regard to increases in 5 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 10 prior to termination of service; "dependant" means in relation to a deceased contributor or former contributor or member or former member or police recruit or former police recruit-- 15 (a) the spouse 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 20 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 25 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 30 member or former member or police recruit or former police recruit for financial support; "ill health" means a continuous or recurring impairment of the health of a contributor 35 which is due to a physical or mental 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 6

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 6 Act No. 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 5 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 10 the purpose of obtaining a benefit; "nominee" means in relation to a deceased contributor or former contributor-- (a) any person nominated by the contributor as a legal personal 15 representative under section 20N(1); or (b) any person deemed to be a contributor's legal personal representative under section 20N(3); "operational staff member" means a contributor 20 who is or has been during any period of service in respect of which benefits may become payable under the Scheme-- (a) a member of the Victoria Police who has taken and subscribed an oath under 25 section 13 of the Police Regulation Act 1958 and in respect of whom the Chief Commissioner of Police has certified in writing to the Board that the member has completed a course which 30 enables him or her to undertake general duties as a member of the Victoria Police; 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 7

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 6 Act No. (b) an employee of the Department of Natural Resources and Environment; (c) any employee within the meaning of paragraphs (c), (d) and (f) of the definition of "employee" who is 5 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 10 operational staff member; (d) any other employee (other than an employee within the meaning of paragraphs (a), (ba), (e) and (g) of the definition of "employee") who is 15 designated by an employer as an operational staff member and who is approved as such by the Board; "part-time contributor" means a contributor employed on a permanent basis which 20 requires less than full-time service; "prior fund" means-- (a) the Superannuation Fund operated under the Superannuation Act 1958; or 25 (b) the Police Pensions Fund operated under the Police Regulation Act 1958; or (c) the Metropolitan Fire Brigades Superannuation Fund operated under 30 the Metropolitan Fire Brigades Superannuation Act 1976; or (d) the Hospitals Superannuation Fund operated under the Hospitals Superannuation Act 1965; or 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 8

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 6 Act No. (e) the State Superannuation Fund operated under the State Superannuation Act 1988; "retrenchment" means the termination of employment or service of a contributor who 5 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; 10 "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 15 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 20 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 25 (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 30 person's contract of employment, notified in 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 9

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 7 Act No. writing by that contributor's employer to the Board and which is approved by the Board; "spouse" means in relation to a person-- (a) that person's husband, wife, widower or 5 widow; or (b) a person of the opposite sex who, though not legally married to the first mentioned person, in the opinion of the Board lives or lived with the first 10 mentioned person as at the relevant date (being, in the case of a deceased person, the date of death) on a bona fide domestic basis as the husband or wife of the first mentioned person; 15 "termination of service" means the cessation of the employment of a contributor whether voluntary or compulsory;'. (2) In section 3 of the Emergency Services Superannuation Act 1986, in the definition of 20 "disability" after "60 years" insert "or of a police recruit". 7. Amendment of section 4 After section 4(1D) of the Emergency Services Superannuation Act 1986 insert-- 25 '(1E) For the purposes of the definition of "salary" in section 3-- (a) in the case of the contributor who is on leave of absence without pay or less than full pay and is not acting as a full- 30 time officer of a union or employee organisation, salary means the salary that the contributor would have received had the contributor not been on leave of absence without pay or less 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 10

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 7 Act No. than full pay and not been acting as a full-time officer of a union or employee organisation, or such greater salary as is paid to the contributor by any other employer and approved by the Board; 5 (b) in the case of the contributor who is an employee of a union or employee organisation, the salary that the contributor would have received had the contributor not been an employee of 10 a union or employee organisation, or such greater salary as is paid to the contributor by the union or employee organisation and approved by the Board; 15 (c) in the case of a part-time contributor, salary means the salary which would be payable at that time to a person in similar employment on a full-time basis; 20 (d) if a contributor's salary is reduced, and the Board agrees that the reduction is not to be taken into account, salary means the greater of-- (i) the salary of the contributor 25 immediately prior to the reduction; and (ii) the actual salary; (e) in the case of a contributor who receives payments under section 30 20F(17) or 20F(18), salary includes those payments; (f) on and from 1 January 1994 for the purposes of sections 20C, 20D, 20E, 20F(1), 20G(1), 20G(3)(a), 20J and 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 11

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 7 Act No. 20K, the salary used to determine the accrued benefit of a former contributor is the salary averaged over a period of 2 years prior to the date of termination of service calculated-- 5 (i) in relation to a contributor with less than 2 years of service, an amount calculated in accordance with the formula-- A 365 10 1 B where-- "A" is the aggregate salary paid to the contributor in respect of the contributor's period of service; 15 "B" is the total number of days in that period; (ii) in relation to a contributor with 2 years or more of service, an amount equal to one-half of the 20 contributor's aggregate salary for the period of service of 2 years ending on the contributor's last day of service-- and if the period of recognised service 25 includes a period of leave without pay, there is deemed to have been payable to that contributor during that period of leave without pay, salary at the rate payable to the contributor immediately 30 before the period of leave, or such higher salary as has been approved by the Board for the purposes of this sub- section.'. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 12

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 8 Act No. 8. Amendment of section 7 In section 7(9) of the Emergency Services Superannuation Act 1986 for "the regulations" substitute "procedures determined by the Board". 9. Actuarial reviews 5 After section 19(8) of the Emergency Services Superannuation Act 1986 insert-- "(9) The Minister must cause each actuary's report submitted to him or her to be laid before the Legislative Council and the 10 Legislative Assembly before the expiration of the seventh sitting day of the Legislative Council or the Legislative Assembly, as the case may be, after the actuary's report has been received by the Minister.". 15 10. New sections inserted After section 20 of the Emergency Services Superannuation Act 1986 insert-- '20A. Contributions (1) Subject to sub-section (2), a contributor must 20 make contributions to the Scheme on each date for payment of salary or, except when the contributor has become entitled to a benefit under section 20D, 20F, 20J or 20K, periodic payments under the Accident 25 Compensation Act 1985. (2) Subject to sub-sections (5), (6), (7) and (8), a contributor may elect to make no contributions or to make contributions at a rate of 3%, 5%, 6%, 7% or 8% of salary. 30 (3) The contributions payable by a part-time contributor are that proportion of the contributions otherwise determined in accordance with this section that the service 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 13

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. of the part-time contributor (at the time the contributions fall due) bears to the service of a person in similar employment on a full- time basis. (4) Subject to giving 2 months' notice in writing, 5 a contributor may vary the rate of contribution once in any calendar year. (5) A contributor who is not an operational staff member is permitted to contribute at a rate of 6% of salary only if the contributor is a 10 transferred officer. (6) A contributor who is not an operational staff member is permitted to contribute at a rate of 7% of salary only if the contributor is a transferred officer. 15 (7) A contributor is permitted to contribute at a rate of 8% of salary only if at the time of the first election under this section or at any subsequent date on which contributions may be varied-- 20 (a) the contributor is a transferred officer and has contributed to the Fund established under the Superannuation Act 1958 and the Scheme for a total period of not less than 5 years; or 25 (b) the contributor is a transferred officer and has contributed to the Fund established under the Metropolitan Fire Brigades Superannuation Act 1976 and the Scheme for a total period 30 of not less than 15 years; or (c) the contributor is a transferred officer and has contributed to the Fund established under the Hospitals Superannuation Act 1965 and the 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 14

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. Scheme for a total period of not less than 10 years; or (d) the contributor is an operational staff member whose average contribution rate is less than 7% of his or her salary 5 for each year of his or her membership. (8) Contributions must cease when the accrued benefit of the member equals the maximum specified in section 20C. (9) The Board may at its discretion accept on 10 behalf of a contributor a transfer of money or other assets from an approved superannuation arrangement. (10) Contributors must make elections under this section in the form specified by the Board. 15 (11) Employers must deduct contributions from the salaries of contributors and pay them without deduction to the Board. (12) On and from 1 January 1994 a contributor who had been a contributor at the rate of 9% 20 of salary prior to 1 January 1994 is to be deemed to have elected to contribute at a rate of 8% of salary with effect from the first full pay day in January 1994. 20B. Membership 25 (1) For the purposes of this Part, membership means the period of service up to the age of 65 years calculated in years including fractions appropriate to complete days during which the employee was entitled to 30 make contributions (other than contributions under section 20M) to the Scheme. (2) Any period of membership as a part-time contributor is reduced proportionately 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 15

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. according to the basis on which the part-time contributor is employed. (3) Membership includes-- (a) any leave of absence during which the contributor continues to receive salary 5 from the employer or periodic payments under the Accident Compensation Act 1985; and (b) any leave of absence without pay on account of illness or injury certified by 10 a registered medical practitioner; and (c) any other leave of absence approved by the employer of the contributor during which the employer, or any other employer of the contributor approved 15 by the Board, agrees to maintain contributions as required by section 20Q. (4) Membership does not include-- (a) any period prior to 1 January 1987; or 20 (b) any period when a contributor was a contributor to a prior fund; or (c) any period in excess of 4 weeks when no contribution payments (other than optional contributions under section 25 20M) are made to the Scheme; or (d) any period in respect of which a benefit has previously been paid unless such part of that benefit (other than a pension under section 20F or 20G) as 30 the Board requires has been repaid to the Scheme together with interest at a rate fixed by the Board; or 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 16

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. (e) unless contributions required by section 20M are made, any additional years of membership which would have been completed by age 60 by a contributor on leave of absence without pay other 5 than leave on account of illness or injury certified by a registered medical practitioner. 20C. Accrued benefits (1) The accrued benefit of a contributor is the 10 sum of-- (a) 10% of the salary of the contributor for each year of membership in which the contributor was entitled to make but did not make contributions to the Scheme; 15 and (b) 16% of the salary of the contributor for each year of membership in which the contributor contributed 3% of salary to the Scheme; and 20 (c) 20% of the salary of the contributor for each year of membership in which the contributor contributed 5% of salary to the Scheme; and (d) 24% of the salary of the contributor for 25 each year of membership in which the contributor contributed 6% of salary to the Scheme; and (e) 28% of the salary of the contributor for each year of membership in which the 30 contributor contributed 7% of salary to the Scheme; and (f) 32% of the salary of the contributor for each year of membership in which the 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 17

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. contributor contributed 8% of salary to the Scheme; and (g) 36% of the salary of the contributor for each year of membership in which the contributor contributed 9% of salary to 5 the Scheme prior to 1 January 1994; and (h) the percentage of the salary of the contributor that is determined by the Board having regard to the period of 10 membership and contributions of the contributor under any prior fund and any benefits paid to the contributor from any prior fund; and (i) the percentage of the salary of the 15 contributor that is determined by the Board having regard to any money or assets transferred from an approved superannuation arrangement. (2) The accrued benefit of a contributor must not 20 exceed a maximum of 840 times the salary of the contributor. (3) For the purposes of sections 20F(8), 20F(9), 20F(10), 20F(19) and 20G(3)(b)(ii), the salary used to determine the accrued benefit 25 of a former contributor is the current equivalent of salary on termination of service. (4) In any case of a payment under this Part and which is made on or after 1 January 1994, 30 the benefit calculated to be payable by the Board must not be less than any benefit that would have been payable if the benefit had been paid prior to 1 January 1994. 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 18

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. 20D. Retirement of contributor Subject to section 29A, upon the retirement of a contributor on or after attaining the age of 50 years, the Board must pay to the contributor a lump sum equal to the accrued 5 benefit of the contributor. 20E. Death of contributor or police recruit (1) Upon the death of a contributor who is an operational staff member before the age of 55, or if not an operational staff member 10 before the age of 60, the Board must pay to the dependants, or, if there are none, to the nominees, a lump sum equal to the accrued retirement benefit which would have been payable if-- 15 (a) in the case of an operational staff member-- (i) the membership of the contributor had continued and terminated at the age of 55 years; and 20 (ii) the salary of the contributor at age 55 had been the salary at the date of death; and (iii) the contributor had been permitted from the date of death to 25 contribute the maximum rate available to the contributor under this Part and elected to contribute at that rate; or (b) in the case of any other contributor-- 30 (i) the membership of the contributor had continued and terminated at the age of 60 years; and 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 19

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. (ii) the salary of the contributor at age 60 had been the salary at the date of death; and (iii) the contributor had been permitted from the date of death to 5 contribute the maximum rate of 5% and elected to contribute at that rate. (2) Upon the death of a contributor at or after the age of 60, the Board must pay to the 10 dependants or, if there are none, to the nominees, a lump sum equal to the accrued benefit of the contributor at the date of death calculated using the salary of the contributor at the date of his or her death. 15 (3) Prospective membership of a contributor who was at any time a part-time contributor is to be calculated proportionately according to the ratio the service rendered by the contributor in the 3 years preceding death or 20 during the total service of the contributor (whichever is less) bears to the service that would have been required of a person in similar employment throughout that period on a full-time basis. 25 (4) Where a contributor who is not an operational staff member and who is not a transferred officer dies as the result of traumatic bodily injury suffered in the course of employment, the Board must pay to the 30 dependants or, if there are none, to the nominees, a supplementary lump sum equal to the lesser of-- (a) 40% of the lump sum under sub-section (1); or 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 20

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. (b) the difference between 840 times the salary and the lump sum under sub- section (1). (5) If a beneficiary is under the age of 18 years or if in the opinion of the Board it would be 5 in the best interests of a beneficiary, the Board may pay any benefit under this section to other persons selected by the Board for the benefit of the beneficiary. (6) On the termination of the service of a police 10 recruit because of death, the Board must pay to the dependants, in the proportions that the Board determines, a lump sum equal to the lesser of-- (a) 8.40 times the salary of the police 15 recruit at the date of death; or (b) the multiple of the salary of the police recruit which would have become payable under this section if the police recruit had become a contributor to the 20 scheme and had died on the day of first becoming eligible to take and subscribe an oath under section 13 of the Police Regulation Act 1958. (7) The Board must not make a payment in 25 respect of the death of a police recruit or former police recruit if the Board is unable, after making reasonable enquiries, to locate the person entitled to it. (8) Upon acceptance of a payment under this 30 section, the Board is released from any liability to make any further payments to, or in respect of, any entitlements of the deceased and this Act ceases to apply. 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 21

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. 20F. Disability of contributor or police recruit (1) If a contributor who is an operational staff member terminates service before the age of 55, or if the contributor is not an operational staff member and terminates before the age 5 of 60, and the contributor is suffering from disability at the time of termination, the Board must pay to the contributor an annual pension at a rate of 1/12th of the sum of-- (a) the lump sum which would have 10 become payable under section 20E(1) if the contributor had died on the date of termination; and (b) if the disability is the result of traumatic bodily injury suffered in the course of 15 employment, the supplementary lump sum which would have become payable under section 20E(4) if the contributor had died on the date of termination. (2) If a contributor who is an operational staff 20 member terminates service at or after the age of 55, or if the contributor is not an operational staff member and terminates at or after the age of 60 and the contributor is suffering from disability at the time of 25 termination, the Board must pay to the contributor a lump sum equal to the accrued benefit of the contributor at the date of termination calculated using the salary of the contributor at the date of termination. 30 (3) The pension under sub-section (1) is payable during the life of the former contributor in fortnightly instalments of one twenty-sixth of the annual pension. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 22

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. (4) On the termination of the service of a police recruit because of disability, the Board must pay to the police recruit, for a period determined by the Board but not exceeding 12 months, an annual pension at the rate of 5 one-twelfth of the lump sum which would have become payable under section 20E if the police recruit had died on the date of termination of services. (5) At the end of a period determined by the 10 Board for payment of a pension the Board must, if the former police recruit is not gainfully employed-- (a) continue the pension for a further period determined by the Board but not 15 exceeding 12 months; or (b) continue the pension indefinitely. (6) A pension under sub-section (4) or (5) is payable in fortnightly instalments of one twenty-sixth of the annual pension. 20 (7) The pension payable to any former police recruit must not exceed the amount which, together with the amount of any periodic payments under the Accident Compensation Act 1985 received by the 25 former police recruit, equals the current equivalent of salary on termination of service. (8) On the death of a former contributor entitled to a pension under this section before the age 30 of 65 years, or on the death of a former police recruit entitled to a pension under this section before the age of 55 years, the Board must pay to the dependants or, if in the case of a former contributor there are none, to the 35 nominees or to other persons selected in 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 23

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. accordance with section 20E(5), an amount which is the greater of the accrued benefit and-- D (312 - X) 312 where-- 5 "D" is the benefit which would have been payable if the former contributor or former police recruit had died on the date of the termination of service and if the salary of the former contributor or 10 former police recruit had been the current equivalent of the salary of the former contributor or former police recruit on termination of service; and "X" is the number of fortnightly instalments 15 of pension received by the former contributor or former police recruit. (9) If on the death of a former contributor before age 60 any benefit payable under sub-section (8) is less than 4 times the current equivalent 20 of the salary on termination of service of the former contributor, the benefit must be increased to the lesser of that amount and the benefit which would have been payable if the former contributor had died on the date 25 of the termination of service and the salary of the former contributor had been the current equivalent of the salary of the former contributor on termination of service. (10) A former contributor receiving a pension 30 under this section may-- (a) within the 3 months before the former contributor would attain the age of 60 years; or 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 24

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. (b) within the 3 months before the former contributor would attain the age of 65 years-- elect to cease to receive the pension as from the age of 60 or 65 years (as the case 5 requires) and to receive a benefit equal to the accrued benefit of the former contributor. (11) The Board may at any time require a former contributor or former police recruit receiving a pension under this section to provide to the 10 Board within 45 days of a request, any information relating to the state of health or gainful employment of the former contributor or former police recruit as the Board may require for the purposes of this 15 section and if the former contributor or former police recruit fails or refuses to provide the information the Board may upon written notice to the former contributor for former police recruit suspend or cancel the 20 pension. (12) Subject to sub-section (17), if before a former contributor or former police recruit receiving a pension under this section attains the age of 60 years the Board determines that 25 the former contributor or police recruit is gainfully employed, or is not, or is no longer, suffering from disability, or the former contributor or police recruit has been offered by the former employer of the contributor or 30 police recruit employment for which the former contributor or former police recruit is suited by training, education or experience, the Board may-- (a) reduce the pension to any level that the 35 Board determines, having regard to the current equivalent of salary on 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 25

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. termination of service, the remuneration the former contributor or former police recruit has derived from gainful employment, and the earning capacity of the former contributor or 5 former police recruit; or (b) suspend the pension; or (c) cancel the pension. (13) For the purposes of sub-sections (5), (11), (12) and (14) a person is to be treated as 10 being gainfully employed if the person is deriving income wholly or partly from his or her personal exertions whether on his or her own account, or delegation thereof, or under a contract of service or otherwise. 15 (14) The Board may from time to time review a determination to reduce or suspend benefits having regard to the current equivalent of salary on termination of service, the income the former contributor or police recruit has 20 derived from gainful employment, and the earning capacity of the former contributor or former police recruit, and may determine to-- (a) further reduce the pension; or 25 (b) suspend the pension; or (c) cancel the pension; or (d) increase the pension to an amount not exceeding the pension which would have been payable if no previous 30 determination had been made. (15) A determination to reduce, suspend or cancel a pension does not take effect for a period of 3 months from the date of determination during which period the former contributor 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 26

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. or former police recruit may appeal to the Board against the determination. (16) If the Board confirms the determination on appeal, the reduction, suspension or cancellation of pension will apply 3 months 5 after the original determination was made or on the pension pay day following determination of the appeal, whichever is the later. (17) If a former contributor or former police 10 recruit receiving a pension under this section is again employed by an employer, the pension must be suspended but the Board may agree to pay to the contributor or police recruit an amount up to the excess (if any) of 15 the current equivalent of salary on termination of service over the salary payable to the contributor or police recruit because the person is unable to perform the previous duties due to the state of his or her 20 health. (18) The Board may agree to pay to a transferred officer an amount not exceeding any fortnightly payments which the transferred officer was receiving from a prior fund. 25 (19) If the Board cancels a pension under sub-section (11), (12) or (14), the Board must pay-- (a) to a former contributor, a benefit equal to the accrued benefit of the former 30 contributor; or (b) to a former police recruit, a benefit equal to his or her member's account balance. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 27

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. (20) The Board may make the payment of any pension to a former police recruit conditional on the former police recruit undertaking, at the expense of the Board, a nominated course of training or education. 5 (21) Upon acceptance of a payment under sub-section (8), (9) or (10), the Board is released from any liability to make any further payment to, or in respect of, any entitlements of the deceased pensioner or 10 former contributor and this Act ceases to apply. 20G. Temporary pension for illness or injury (1) If the Board determines that a contributor who has applied for a disability benefit under 15 section 20F(1) is likely to substantially recover from injury, disease or infirmity, the Board may determine that the contributor be paid a pension calculated in accordance with section 20F while absent from duties for a 20 limited period of up to 12 months. (2) A contributor granted a pension under sub- section (1) is to be treated as being on leave of absence without pay on account of illness or injury certified by a registered medical 25 practitioner but in other respects section 20F applies. (3) At the expiration of the limited period for payment of a pension, the Board must decide if the contributor does not return to duties-- 30 (a) to continue the pension while the contributor remains absent from duties for one further limited period of up to 12 months; or 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 28

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. (b) if the service of the contributor is terminated, to pay the contributor either-- (i) a pension under section 20F; or (ii) the contributor's accrued benefit. 5 (4) If, under sub-section (3), the Board decides to continue a pension for a second limited period and determines that any pension payable is conditional upon the contributor undertaking a nominated course of training 10 or education referred to in sub-section (5), the Board must, at the expiration of that period, if the contributor does not return to duties, decide to continue the pension until the contributor has completed the nominated 15 course or 3 years of the nominated course, whichever first occurs. (5) The Board may determine that any pension payable under sub-section (1), (3)(a) or (4) is to be conditional upon the contributor 20 undertaking at the expense of the Board a nominated course of training or education. (6) Upon acceptance of a payment under sub-section (3)(b), the Board is released from any liability to make any further 25 payment to, or in respect of, any entitlements of the former contributor and this Act ceases to apply. 20H. Termination due to ill health (1) This section applies if the Board determines 30 that-- (a) a former contributor who is receiving an annual pension under section 20F and has applied for the payment of a benefit under this section; or 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 29

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. (b) a contributor who has applied for the payment of an annual pension under section 20F; or (c) a former contributor who is receiving an annual pension for a limited period 5 under section 20F or a contributor who is receiving a temporary pension for illness or injury under section 20G-- qualifies for the payment of an ill health benefit under this section. 10 (2) The payment under this section is to be a lump sum equal to the accrued benefit of the contributor or former contributor at the date of termination calculated using the salary of the contributor at the date of termination or 15 the current equivalent salary of the salary of the former contributor at the date of termination. (3) If a contributor or former contributor accepts a payment under this section, the Board is 20 released from any liability to make any further payments to, or in respect of, any entitlements of the contributor or former contributor or of any of his or her dependants and this Act ceases to apply. 25 20I. Indexation of pensions (1) In this section-- "prescribed half year" means the half year ended 31 December 1986 or any subsequent half year ending on 30 June 30 or 31 December in which the consumer price index number is higher than the previous highest consumer price index number in or since the half year ended 31 December 1986; 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 30

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. "prescribed proportion" in relation to a prescribed half year after 31 December 1986 means-- A- B B where-- 5 "A" is the consumer price index number for the prescribed half year; "B" is the consumer price index number for the next preceding 10 prescribed half year. (2) If the prescribed proportion consists of, or includes a fraction of, a whole number, it must be calculated to the nearest one- hundredth part. 15 (3) Any pension under section 20F or 20G must-- (a) if it is then payable, be increased on the payment of the first instalment of pension in the month of June or 20 December by an amount equal to one- sixth of the prescribed proportion for the next preceding prescribed half year (if any) of the pension for every whole month or part of a month during the 25 preceding half year in respect of which a pension has been payable; or (b) if for any reason it is not then payable, be notionally so increased as if then payable. 30 (4) Where any increase in any pension is likely to jeopardise the granting of any pension, allowance, subsidy, concession or similar benefit to the pensioner under any Act of the 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 31

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. Commonwealth, the Board on receipt of a request in writing from the former contributor may commute to a lump sum the increase in the pension on such terms and conditions as may from time to time be 5 determined by the Board after considering the advice of an actuary. 20J. Retrenchment of contributor Subject to section 29A, if a contributor ceases to be employed before attaining the 10 age of 50 years by reason of retrenchment, the Board must pay to the contributor a sum equal to the contributor's accrued benefit. 20K. Other termination of service of contributor (1) The Board must not make any payments 15 under this section until it receives a statement in the form approved by the Board by or on behalf of the contributor as to whether the contributor claims to have ceased to be employed by reason of 20 retrenchment or whilst suffering from disability or ill health. (2) Subject to section 29A, when a contributor ceases to be employed before attaining the age of 50 years other than by reason of death 25 or retrenchment, or whilst suffering from disability or ill health, the contributor is entitled to be paid a sum equal to the sum of-- (a) the accrued benefit of the contributor at 30 the date 5 years before the date of resignation, or if at that date the contributor was a member of a prior fund or an approved superannuation arrangement the percentage of salary 35 that is determined by the Board; and 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 32

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. (b) the adjusted total contributions of the contributor to the Scheme, a prior fund or approved superannuation arrangement in the period since the date 5 years prior to the date of resignation; 5 and (c) 3% of the salary of the contributor at the date of termination for each year of contribution by the contributor on or after 1 January 1987 up to a maximum 10 of 5 years. (3) If a contributor ceases to be employed after attaining the age of 45 years other than by reason of death or retrenchment, or whilst suffering from disability or ill health, there is 15 to be substituted for the period of the 5 years in sub-section (2) the period in years and complete months from the date of termination of service to the date on which the contributor would attain the age of 50 20 years. 20L. Restriction of death and disability benefits (1) Full death and disability benefits must be granted-- (a) to all operational staff members; and 25 (b) to all other transferred officers who were entitled to full death and disability benefits under a prior fund. (2) Any other contributor may at the discretion of the Board be requested to-- 30 (a) furnish to the Board a personal statement verified in any manner that the Board may require with respect to age, occupation, medical history, condition of health and any other 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 33

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. matters that the Board considers necessary or expedient; and (b) undergo any examination by a registered medical practitioner, nominated by the Board, that the Board 5 may consider necessary or expedient. (3) The Board not later than 2 months after it receives the personal statement and report of the medical examination in accordance with sub-section (2), must determine whether the 10 contributor is subject to a health impairment which could provide grounds for a claim for disability benefits from the Scheme within 3 years and if the Board so determines may declare the contributor to be a restricted 15 benefits contributor. (4) A contributor required to furnish information to the Board under sub-section (2) is to be treated as a restricted benefits contributor until the expiration of the period of 2 months 20 specified in sub-section (3) or any earlier date that the Board decides that the contributor is not a restricted benefits contributor. (5) The benefit payable in the event of the death 25 or disability of a restricted benefits contributor is the accrued benefit for that contributor or such greater amount as the Board may determine and advise in writing to the contributor. 30 (6) If the service of a contributor terminates by reason of death, or whilst suffering from disability that is caused by traumatic bodily injury suffered by the contributor within 12 months (or such longer period as is approved 35 by the Board) prior to the termination of 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 34

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. service, the Board may determine that any restriction imposed under this section be waived. (7) A restricted benefits contributor may within 2 months of a determination by the Board 5 under sub-section (3) and at any further intervals that the Board may determine, apply to the Board for reconsideration of the determination. (8) The Board may require a contributor making 10 application under sub-section (7) to provide any further evidence of health or undergo any further medical examinations that the Board considers necessary or expedient. 20M. Optional contributions during leave of 15 absence If an employer approves in advance leave of absence without pay for reasons other than illness or injury certified by a registered medical practitioner or employment by 20 another employer who agrees to maintain contributions as required by section 20Q for more than 4 weeks, the contributor-- (a) may elect to pay contributions for the period of the leave for a period not 25 exceeding 7 years if the contributor is on parental leave or not exceeding 2 years if the member is on leave for any other reason except ill health at a rate of 2% (or such other percentage as is 30 first determined by an actuary after the commencement of section 10 of the Superannuation Acts (Further Amendment) Act 1996 and thereafter during an actuarial investigation under 35 section 19(7) and which is specified in 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 35

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. the actuary's report), of the salary of the contributor immediately before the commencement of leave; and (b) upon payment of such contributions is to be treated in the event of death or the 5 commencement to suffer disability before return from leave to have resumed duties on the day of such death or the commencement to suffer disability. 10 20N. Legal personal representatives (1) A contributor may nominate any natural person as a legal personal representative for the purposes of this Part. (2) The nomination must be made in a manner 15 determined by the Board. (3) A contributor's-- (a) natural and adoptive parents; and (b) siblings (whether or not they are related by blood to the contributor)-- 20 are deemed to be a contributor's legal personal representatives for the purposes of this Part. 20O. Death benefit when no dependants (1) Notwithstanding anything in this Part if 25 following the death of a contributor or former contributor the Board is unable to locate a spouse, child or any other dependant or nominee of the contributor or former contributor, the Board must pay to the 30 executor or administrator of the estate of the contributor or former contributor the amount by which the adjusted total contributions of the contributor or former contributor exceed 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 36

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. the total benefits paid to or in respect of the contributor or former contributor. (2) The Board may assume there are no dependants or nominees who are deemed to be legal personal representatives under 5 section 20N(3) if no persons have lodged claims with the Board within 12 months of the death of the contributor. 20P. Payment of benefits in case of multiple claimants 10 If-- (a) a contributor or former contributor dies; and (b) the Board is required to pay an amount to dependants or nominees; and 15 (c) there is more than one dependant or nominee-- the Board may in its absolute discretion determine what proportion (if any) of the amount each dependant or nominee is to 20 receive. 20Q. Separate employer accounts (1) The employer of each contributor must pay to the Board contributions equal to-- (a) the percentages of amounts paid to 25 contributors by way of salary; or (b) the multiples of contributions payable by contributors; or (c) the proportions of benefits paid in respect of former contributors that are 30 for the time being fixed for the employer by the Board; or 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 37

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. (d) an appropriate amount in Australian dollars fixed for the employer by the Board; or (e) any other amount being a combination of these types of contribution fixed for 5 the employer by the Board. (2) For the purposes of this section, the Board may make collective determinations for any group of employers who consent to be regarded as related employers. 10 (3) The Board must maintain a separate account for each employer or for each group of employers for whom a collective determination is to be made. (4) Each account maintained for the purposes of 15 this section is to be credited with-- (a) all amounts received by the Board from a prior fund or an approved superannuation arrangement in respect of contributors in the service of the 20 employer or employers; and (b) all contributions received by the Board by or on behalf of contributors in the service of the employer or employers; and 25 (c) the part of the investment earnings of the Scheme that the Board determines to be applicable to the account-- and is to be debited with-- (d) all benefits paid to or in respect of 30 contributors in respect of service of the employer or employers; and (e) the part of any money appropriated by the Board for the Management Account 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 38

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 10 Act No. of the Board that the Board determines to be applicable to the account. (5) The Board must fix the contributions calculated in accordance with sub-section (1) for the purposes of this section after 5 considering the advice of the actuary as at the commencement of each financial year and must give to each employer notice in writing of any such contributions so fixed not less than 6 months before it is to have 10 effect. (6) The first percentages, multiples and proportions fixed under this section must be fixed as soon as possible after 1 January 1987 and have effect from that date. 15 20R. Remittance of contributions (1) All contributions deducted from the salary of a contributor and all amounts which an employer is liable to pay to the Board become payable to the Board at each 20 payment of an instalment of salary by that employer. (2) If an employer does not within 14 days after an amount has become payable pay the whole amount to the Board the employer 25 must, if the Board so demands, pay interest on the amount remaining unpaid at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 from the date on which the amount became 30 payable until the date on which it is paid to the Board. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 39

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. 20S. Minimum Requisite Benefit Notwithstanding anything contained in this Part, any benefit payable to or in respect of a contributor must not be less than the Minimum Requisite Benefit specified by the 5 Actuary in the Benefit Certificate related to the Scheme and provided by the Actuary from time to time for the purposes of satisfying the requirements of the Commonwealth Superannuation Guarantee 10 (Administration) Act 1992 and any regulations thereto.'. 11. New Part inserted After Part 3 of the Emergency Services Superannuation Act 1986 insert-- 15 'PART 3A--ESSPLAN SCHEME 21. Definitions In this Part-- "beneficiary" means a contributor or former contributor in respect of whom a 20 beneficiary account is established; "beneficiary account" means a beneficiary's account established and maintained by the Board for each beneficiary under section 21J; 25 "casual employee" means a casual employee as defined by the relevant award determinations or an employee deemed by the Board to be a casual employee; 30 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 40

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. "child", in relation to a member, means a child of the member or of his or her spouse, other than any child born more than 10 months after his or her death; "member" means a person who is a member 5 of the ESSPLAN Scheme under section 4 (7) or a contributor who has made contributions to the ESSPLAN Scheme; "member's account balance" means the credit balance in the member's account 10 as at a particular date after all relevant credits and debits up to that date have been made; "net earning rate" means in respect of any particular period, and for any particular 15 purpose, the rate of earnings (which may be positive or negative) as determined by the Board in respect of an investment fund or in respect of the Scheme (excluding investment funds), 20 as the case may be, for that period and that purpose and having regard to-- (a) the income derived from the investment of the Scheme or investment funds; and 25 (b) any realised or unrealised gains or losses in respect of any investments of the Scheme or investment funds; and (c) any tax; and 30 (d) expenses of the Scheme or an investment fund not otherwise debited to member's accounts; and 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 41

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. (e) any specified standards; and (f) any other matters the Board considers relevant; "participating employer" means an employer which employs any person 5 defined as an "employee" within the meaning of section 3. 21A. ESSPLAN Scheme (1) There is continued an arrangement within the Scheme called the ESSPLAN Scheme. 10 (2) The following are to form part of the Scheme-- (a) contributions made by, or in respect of, participating employers and members of ESSPLAN, in accordance with this 15 Part; (b) any other money or assets transferred to the Board for the purpose of forming part of ESSPLAN; (c) income derived from the investment of 20 ESSPLAN; (d) the proceeds of the realisation of any investment of ESSPLAN; (e) any other money or assets which the Board determines are to form part of 25 ESSPLAN. 21B. Membership of ESSPLAN (1) Subject to this section, a person becomes a member-- (a) if the person is not an operational staff 30 member of a participating employer 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 42

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. and commences employment on or after 1 January 1994; or (b) if the person employed by a participating employer applies in writing to the Board to become a 5 member, if and when the Board accepts the application or from such later date as the Board may determine with the approval of the participating employer. (2) Subject to sub-section (4), a person who is 10 an employee of a participating employer and has attained the age of 65 years is not eligible to become a member, or to make contributions, or to be the subject of contributions to the Scheme. 15 (3) Subject to sub-section (4), a person who is a member and attains the age of 65 years is to be taken to have ceased to be an employee of a participating employer upon attaining that age. 20 (4) A person is eligible to remain or become a member of the Scheme even if that person has attained the age of 65 years if that person is or becomes an employee of a participating employer and sub-section (5) or (6) would 25 permit that person to make contributions or to be the subject of contributions to the Scheme. (5) Subject to sub-section (6), a member of the Scheme is eligible to make contributions or 30 to be the subject of contributions to the Scheme after attaining the age of 65 years if that member was at least 60 years of age on 1 July 1990, until that member attains the age of 70 years. 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 43

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. (6) Except as provided in sub-section (5), a member of the Scheme is eligible to be the subject of contributions to the Scheme after the member has attained the age of 65 years only if the contributions are required to 5 reduce the employer's liability under the Commonwealth Superannuation Guarantee Charge Act 1992 or are required to satisfy the employer's obligation to make contributions for that member under a 10 contract of employment or any employment agreement made on or before 1 July 1986 under any law of Victoria or the Commonwealth of Australia. (7) A person to whom sub-section (4) applies is 15 taken for the purposes of this Act to have ceased to be an employee of a participating employer upon that person attaining the age of 70 years. (8) Subject to sub-section (9), if a participating 20 employer certifies in writing to the Board that it is meeting its entire obligations under the Commonwealth Superannuation Guarantee (Administration) Act 1992 in respect of a person through another 25 complying superannuation fund, then-- (a) if that person is not a member of the Scheme, he or she is not eligible to become a member of the Scheme in respect of employment with that 30 participating employer; or (b) if that person is a member of the Scheme, no further contributions are to be made to the Scheme in respect of that person by that participating 35 employer. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 44

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. (9) Subject to the approval of the Board, sub-section (8) ceases to apply to an employee if the participating employer certifies in writing to the Board that the participating employer has ceased meeting 5 its obligations in respect of that employee under the Commonwealth Superannuation Guarantee (Administration) Act 1992 through another complying superannuation Fund. 10 (10) A person ceases to be a member on-- (a) the death of that person; or (b) the payment, cessation or termination under this Part of all benefits from the Scheme to which that person could 15 become entitled; or (c) the transfer of that person's member's account balance from the Scheme to another complying superannuation fund-- 20 whichever first occurs 21C. Employer contributions (1) Subject to sections 21B(8) and 21B(9), each participating employer must contribute to the Scheme in respect of each of its employees 25 who is a member of the Scheme so that the employer does not have an individual guarantee shortfall in relation to that member under the Commonwealth Superannuation Guarantee (Administration) Act 1992. 30 (2) It is the sole responsibility of a participating employer to ensure that the participating employer complies with this section. (3) A participating employer may make contributions in respect of a member or class 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 45

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. of members which exceed the amount specified in sub-section (1). (4) The Board may accept in respect of a member or class of members, contributions from a participating employer which exceed 5 the amount specified in sub-section (1). (5) A participating employer must make contributions in the manner determined by the Board. 21D. Member's contributions for ESSPLAN 10 (1) A member may in accordance with section 20A(4) elect in accordance with this Part to-- (a) make contributions to the Scheme; or (b) vary the amount of contributions to the 15 Scheme; or (c) cease making contributions to the Scheme. (2) An election-- (a) must be in the form determined by the 20 Board; and (b) must be accompanied by any information required by the Board; and (c) takes effect as from the day determined by the Board. 25 (3) If a person who becomes a member in accordance with section 21B(1)(a) is required to contribute to a superannuation fund and his or her employer is a participating employer who is required under 30 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 46

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. a law of the Commonwealth of Australia to contribute to the Scheme in respect of the member under section 21C(1)-- (a) the member is deemed to have elected to make contributions to the Scheme 5 which are not less than the contributions required of the member; and (b) the contributions are made by deductions from the salary of the 10 member. 21E. Amount and payment of benefits under ESSPLAN (1) Except where a benefit is payable under section 21H, a benefit payable to or in 15 respect of a member is an amount equal to the member's account balance at the time the benefit is paid. (2) The benefit is payable in accordance with any relevant specified standards. 20 (3) Subject to sub-sections (2) and (4), the benefit is payable-- (a) on the request of the member at any time after ceasing to be employed from the age of 55 years except for that part 25 of the benefit which is subject to the specified standards; or (b) if a member, prior to attaining the age of 55 years applies in writing, in a form approved by the Board to receive all or 30 any part of their non-preserved benefit and such application is approved by the Board; or (c) unless a member applies in writing, in a form approved by the Board to defer 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 47

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. payment of benefits or pay such benefits to an investment fund maintained for that purpose by the Board and such application is approved by the Board; or 5 (d) upon the attainment of the former member of the age of 65 years-- whichever first occurs. (4) The benefit is payable if section 21B(7) applies, as soon as practicable after the date 10 that the person attains the age of 70 years. 21F. Disability and death cover under ESSPLAN (1) Subject to this section and section 21G, each member who does not have an entitlement to any disability or death benefit under Part 3 15 has, as from the date of commencing to be a member, disability and death benefits cover at a level determined from time to time by the Board. (2) The Board may determine the level of 20 disability and death benefits cover on any basis that the Board considers appropriate, including any of the following-- (a) as a fixed dollar amount for each member; 25 (b) as a dollar amount varying according to the age of the member or some other determinate factor; (c) as the difference between a fixed dollar amount and the member's account 30 balance from time to time. (3) A member is not covered in the event of disability or death during the period of 2 years from the commencement of 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 48

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. membership of the Scheme which the Board determines on the advice of a registered medical practitioner is a direct consequence of a medical condition which was pre- existing at the commencement of 5 membership and is a medical condition in respect of which a contract of insurance is not available at a reasonable cost. (4) A member's disability and death benefits cover in force under this section ceases 30 10 days after the earlier of-- (a) section 21B(10) applying to that member; or (b) that member ceasing to be an employee of a participating employer-- 15 unless the Board otherwise determines. (5) A member who is not a casual employee or part-time contributor or who does not have an entitlement to any disability or death benefit under Part 3 may subject to such 20 conditions as are determined by the Board apply in accordance with this section to terminate, change or reinstate his or her disability and death benefits cover. (6) An application for death and disability 25 cover-- (a) must be in the form approved by the Board; and (b) must be accompanied by any information required by the Board. 30 (7) The Board may require a member or a contributor to submit to any medical examinations that the Board considers appropriate. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 49

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. (8) The Board may obtain any evaluation of any medical examinations or other information provided as the Board considers appropriate. (9) The Board may-- (a) approve an application; or 5 (b) approve an application subject to any variations the Board considers appropriate; or (c) in the case of an application to change or reinstate the level of cover, refuse 10 the application on the ground that the applicant has failed to pass a medical examination or has not complied with any requirement made by the Board; or (d) in the case of an application to 15 terminate, change or reinstate the level of cover, refuse the application on any other ground that it considers appropriate. (10) If the Board approves an application (with or 20 without variations) the Board must determine the day as from which disability and death benefits cover is to be terminated, changed or reinstated. (11) If the Board refuses an application the Board 25 must advise the applicant of the refusal. (12) An application for a disability benefit provided for in this Part can only be made during the period of 6 months immediately after the member ceases to be employed by a 30 participating employer or, if the Board considers that there are special and exceptional circumstances which have prevented an application being made by or 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 50

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. on behalf of a member within that period, any longer period determined by the Board. 21G. Disability and death insurance under ESSPLAN (1) The Board must if it is reasonably possible 5 enter into a contract of insurance in respect of the total amount of members' disability and death benefits cover in force under section 21F on terms and conditions acceptable to the Board. 10 (2) The Board must determine the proportion of the amount of the premiums paid under sub- section (1) which is to be debited to a member's account. (3) At any time before the payment of a benefit 15 to or in respect of a member under section 21H(1)(b), the Board may reduce that member's disability and death cover or impose terms and conditions on that cover having regard to-- 20 (a) any failure to obtain insurance under sub-section (1) in respect of the whole of the member's disability and death benefits cover; and (b) any terms and conditions imposed by 25 the relevant insurer in respect of insurance secured by the Board under sub-section (1). 21H. Amount and payment of disability or death benefits 30 (1) Subject to sub-section (2) and section 21E, in the case of the disability or death of a member the benefit is to be equal to-- (a) the member's account balance at the time the benefit is paid; and 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 51

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. (b) where the member died or became disabled while disability and death benefits cover for him or her under section 21F was in force, the amount of any insurance proceeds received by the 5 Board under an insurance contract entered into under section 21G, and interest on the basis determined by the Board in respect of the period up to the time the benefit is paid. 10 (2) A disability benefit that is payable under this Part is payable to that member. (3) A death benefit in respect of a member that is payable under this Part is payable to such one or more of the member's dependants and 15 legal personal representatives and in such proportions as the Board in its absolute discretion determines. 21I. Member's accounts for ESSPLAN (1) The Board must establish and maintain 20 within the Scheme a separate account for each member. (2) The Board must credit to a member's account-- (a) any employer contributions made in 25 respect of that member; and (b) any contributions made by the member; and (c) any net earnings calculated on the basis of the net earning rate of ESSPLAN or 30 an investment fund; and (d) any other amount payable to the member's account, including any amount transferred from a complying superannuation fund. 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 52

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. (3) The Board must debit to a member's account-- (a) an amount determined by the Board in respect of management and administration costs incurred by the 5 Board in the administration of ESSPLAN; and (b) the amount of any premiums payable by or in respect of the member including any amount determined under 10 section 21G(2); and (c) an amount determined by the Board in respect of any tax paid or payable by the Board in respect of contributions to a member's account; and 15 (d) any net loss calculated on the basis of the net earning rate of the Scheme or an investment fund; and (e) the amount of any benefit payable to the member or payable in respect of the 20 member; and (f) any amounts transferred to another complying superannuation fund; and (g) any other amount payable by the member. 25 21J. Beneficiaries Accounts (1) The Board may establish upon the request of a beneficiary a special arrangement called a beneficiary account. (2) The payment of part or all of any lump sum 30 benefit payable under section 20D, 20F, 20G, 20H, 20J or 20K may be transferred to this account. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 53

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. (3) The balance or any part of the balance of a beneficiary account established under sub-section (1) is payable to the beneficiary or the legal personal representatives of the beneficiary (as the case requires) on-- 5 (a) the request of the beneficiary, in a form approved by the Board and in accordance with section 21K(3); or (b) the death of the beneficiary, upon application by the legal personal 10 representatives in a form approved by the Board in which case the whole of the balance of the account is payable. (4) If any lump sum benefit is not paid within 14 days of the date of termination of service of 15 a contributor, the unpaid benefit is deemed to have been transferred to a beneficiary account on the date of termination of service at a net earning rate and in such fund as the Board in its discretion considers appropriate 20 in the circumstances at that time. (5) The balance of a beneficiary account established under sub-section (4) is payable to the beneficiary or the legal personal representative of the beneficiary (as the case 25 requires) on-- (a) the request of the beneficiary, in a form approved by the Board and in accordance with section 21K(3); or 30 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 54

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. (b) unless the Board otherwise determines the expiry of one year from the date of termination of service of the beneficiary; or (c) the death of the beneficiary, upon 5 application by the legal personal representatives in a form approved by the Board in which case the whole of the balance of the account is payable-- whichever first occurs. 10 21K. Investment funds (1) The Board may establish special arrangements within the Scheme to be called investment funds. (2) The Board may, with the consent of a 15 beneficiary or member, treat the whole or part of a beneficiary's or member's account as forming part of an investment fund. (3) The Board may allow a beneficiary or member to elect, at such time and on such 20 terms as the Board determines, to withdraw the whole or part of a beneficiary's or member's account from an investment fund and to treat the whole or part of the same as forming part of the Scheme or a different 25 investment fund or to pay the whole or part to that beneficiary or member. (4) If any part of a beneficiary's or member's account balance is treated as forming part of an investment fund, the adjustment to the 30 beneficiary's or member's account balance under section 21L must have regard to that particular investment. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 55

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. 21L. Net earning rate (1) Subject to sub-section (2), the Board must at the end of such periods as it determines increase or decrease the balance in a beneficiary's or member's account by the net 5 earning rate of the Scheme during the relevant period. (2) If the whole or part of the balance of a beneficiary's or member's account comprised a particular investment fund during the 10 relevant period the whole or part of the balance of the beneficiary's or member's account must be increased or decreased by the net earning rate of the particular investment fund during the relevant period. 15 (3) For the purpose of calculating and paying benefits under this Part, the Board may from time to time determine an interim net earning rate having regard to the expected net earning rate of the Scheme or particular 20 investment fund during the relevant period. 21M. Transfer of preserved benefit (1) If a benefit under this Part is required by the specified standards to be preserved and a participating employer has certified in 25 writing to the Board in accordance with section 21B(8), the member entitled to the benefit is entitled to have the amount of preserved benefit transferred to another complying superannuation fund and may 30 apply to the Board to make the transfer. (2) Subject to section 27, the Board must transfer that amount to that other complying superannuation fund. 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 56

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 11 Act No. 21N. Transfer to or from new scheme (1) The Board may, with the consent of a member or beneficiary, transfer the member or beneficiary to another complying superannuation fund. 5 (2) The Board must determine the assets that are to be transferred from the new scheme and the terms and conditions that are to apply to the transfer as a result of a transfer of a member or beneficiary under sub-section (1). 10 (3) The Board may accept on such terms and conditions as the Board determines the transfer to the new scheme of a member or other beneficiary of another complying superannuation fund. 15 21O. Transfer of benefits to other fund (1) If a member or beneficiary-- (a) is entitled to a benefit or part of a benefit under this Part which is not required by the specified standards to 20 be preserved; and (b) is a member, or has applied to become a member, of another complying superannuation fund-- the member or beneficiary is entitled to have 25 the amount of that benefit or that part of that benefit transferred to that complying superannuation fund and may apply to the Board to make the transfer. (2) Subject to section 27, the Board must 30 transfer that amount to that other complying superannuation fund.'. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 57

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 12 Act No. 12. New section 23A inserted Before section 24 of the Emergency Services Superannuation Act 1986 insert-- "23A. Application for disability benefit (1) An application for a disability benefit must 5 be made to the Board by or on behalf of a member, former member, contributor or police recruit, in a form approved by the Board. (2) The applicant may provide medical evidence 10 to the Board in support of the application. (3) The Board is to determine the issue of disability in accordance with section 24.". 13. Amendment of section 26 Section 26(5) of the Emergency Services 15 Superannuation Act 1986 is repealed. 14. New section 26A inserted After section 26 of the Emergency Services Superannuation Act 1986 insert-- "26A. Early release of benefits 20 (1) The Board may approve the early release of part or all of the vested benefit of a contributor, former contributor or member in accordance with the specified standards. (2) The Board must determine-- 25 (a) the amount of the vested benefit to be released; and (b) the method of payment of that amount; and 30 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 58

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 15 Act No. (c) the reduction to be made to the vested benefit-- in accordance with the specified standards.". 15. Section 27 substituted For section 27 of the Emergency Services 5 Superannuation Act 1986 substitute-- "27. Money owing to the Scheme (1) The Board may recover any amount of money owing to the Scheme by a member, contributor, beneficiary, participating 10 employer or any other person together with interest on that amount in accordance with sub-section (2)-- (a) if any amount is or becomes payable from the Scheme to that member, 15 contributor, beneficiary, participating employer or other person by the Board deducting it from that amount; or (b) in any other case as a debt in any court of competent jurisdiction. 20 (2) Interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 is payable on any amount owing to the Scheme calculated from the date on which the amount becomes due until 25 the date on which the amount is paid or otherwise under sub-section (1).". 16. New section 28A inserted After section 28 of the Emergency Services Superannuation Act 1986 insert-- 30 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 59

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 17 Act No. "28A. Payment of benefits if person is incapable If a person who would ordinarily be entitled to receive benefits is-- (a) a person who is in the opinion of the Board incapable of managing his or her 5 affairs or of unsound mind; or (b) an involuntary patient or a security patient within the meaning of the Mental Health Act 1986; or (c) a represented person under the 10 Guardianship and Administration Board Act 1986-- the Board may cause his or her benefits or any part of the benefits to be paid to his or her guardian or administrator, or, if there is 15 no guardian or administrator, to a person nominated by the Board for the benefit of that person and his or her dependants or any of them until he or she ceases to be incapable or of unsound mind, a patient or a 20 represented person.". 17. Amendment of section 29 (1) In section 29(2) of the Emergency Services Superannuation Act 1986 for "one penalty unit" substitute "10 penalty units". 25 (2) After section 29(2) of the Emergency Services Superannuation Act 1986 insert-- "(3) The Board may at any time require-- (a) a participating employer to furnish any returns and information with respect to 30 any person as the Board may require for the purpose of the ESSPLAN Scheme; and 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 60

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 18 Act No. (b) any person entitled or claiming to be entitled to a benefit to furnish any returns and information (including the report of any registered medical practitioner) as the Board may require 5 for the purposes of the ESSPLAN Scheme. (4) Subject to the Freedom of Information Act 1982, the Board must not disclose other than with the written consent of the member to 10 any person except a court or the person to whom the report relates, information contained in the report of a registered medical practitioner given to the Board under sub-section (3)(b). 15 (5) Despite any Act or rule of law or practice to the contrary, the Board is not prevented on the ground of medical professional privilege from producing in any legal proceedings any report referred to in sub-section (4).". 20 18. Amendment of section 29A After section 29A(1)(c) of the Emergency Services Superannuation Act 1986 insert-- "; and (d) specify the circumstances (other than death, 25 disability or ill health) in which an application for an early release of benefits may be made; and (e) specify the benefits in respect of which an application for an early release may be 30 made; and (f) specify the method, manner and form in which benefits which are the subject of an application for an early release of benefits may be paid.". 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 61

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 19 Act No. 19. Amendment of regulation-making powers (1) Sections 30 and 30A of the Emergency Services Superannuation Act 1986 are repealed. (2) In section 31(1) of the Emergency Services Superannuation Act 1986 omit all words and 5 expressions after "or necessary to be prescribed". (3) In section 32 of the Emergency Services Superannuation Act 1986 for "sections 30, 30A and 31" substitute "this Act". 20. Consequential amendments 10 (1) In section 3 of the Emergency Services Superannuation Act 1986, in the definition of "employee" for paragraph (e) substitute-- "(e) an officer of the Department of Natural Resources and Environment who is a 15 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 20 Government Gazette; or". (2) In section 3 of the Emergency Services Superannuation Act 1986, in the definition of "employee" for paragraph (f) substitute-- "(f) an employee of the Ambulance Officer's 25 Training Centre or 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 30 published in the Government Gazette; or". (3) In section 3 of the Emergency Services Superannuation Act 1986, in the definition of 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 62

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 20 Act No. "pensioner" for "the regulations" substitute "this Act". (4) In section 4(1A) of the Emergency Services Superannuation Act 1986 after "prescribed period" insert "under the Emergency Services 5 Superannuation (Election to Contribute) Regulations 1988". (5) In section 4(1B) of the Emergency Services Superannuation Act 1986-- (a) for "Department of Conservation, Forests 10 and Lands" substitute "Department of Natural Resources and Environment"; (b) for "prescribed" substitute "declared". (6) After section 4(1B) of the Emergency Services Superannuation Act 1986 insert-- 15 "(1BA) If an officer to whom sub-section (1B) applies-- (a) does not make an election under that sub-section; and (b) subsequently ceases to hold the office 20 referred to in that sub-section; and (c) continues to be eligible to be a member of a public sector superannuation scheme-- the officer may within the period of 3 25 months after ceasing to hold that office elect to continue to contribute to the Scheme or to transfer to the new scheme under the State Superannuation Act 1988.". (7) In section 4(2) of the Emergency Services 30 Superannuation Act 1986-- 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 63

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 21 Act No. (a) for "prescribed ambulance service" substitute "declared ambulance service"; and (b) after "prescribed period" insert "under the Emergency Services Superannuation 5 (Transfer Period) Regulations 1987 or a subsequent period determined by the Board". (8) In section 4(7) of the Emergency Services Superannuation Act 1986 for "the date on which regulations establishing the ESSPLAN Scheme 10 come into operation" substitute "1 January 1994". (9) In section 4A(1) of the Emergency Services Superannuation Act 1986 omit "or of the regulations under this Act". (10) In Part 4 of the Emergency Services 15 Superannuation Act 1986, section 21 is repealed. 21. Revocation of regulations (1) The following Regulations are revoked by virtue of this section-- 20 (a) the Emergency Services Superannuation Scheme Regulations 1987 (Statutory Rule No. 7/1987); (b) the Emergency Services Superannuation Board Election Regulations 1987 (Statutory 25 Rule No. 269/1987); (c) the Emergency Services Superannuation (Transfer Period) Regulations 1987 (Statutory Rule No. 30/1987); (d) the Emergency Services Superannuation 30 (Prescribed Ambulance Services) and (Transfer Period) (Amendment) Regulations 1987 (Statutory Rule No. 61/1987); 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 64

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 21 Act No. (e) the Emergency Services Superannuation (Police Recruits) Regulations 1987 (Statutory Rule No. 131/1987); (f) the Emergency Services Superannuation (Prescribed Offices) Regulations 1987 5 (Statutory Rule No. 393/1987); (g) the Emergency Services Superannuation (Election to Contribute) Regulations 1988 (Statutory Rule No. 476/1988). (2) The Interpretation of Legislation Act 1984 10 applies in respect of the Regulations revoked by sub-section (1) as if the Regulations were Acts repealed or repealed and re-enacted (as the case may be) by an Act and the previous operation of the Regulations or anything duly done or suffered 15 under the Regulations is not affected by the revocation thereof. _______________ 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 65

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 22 Act No. PART 4--AMENDMENT OF HOSPITALS SUPERANNUATION ACT 1988 22. Amendment of section 3 (1) In section 3(1) of the Hospitals Superannuation Act 1988, insert the following definitions-- 5 ' "basic benefit" means a benefit payable under section 33; "contribution" means a payment made to the Board (whether actually or notionally) by or for a member in accordance with section 29, 10 30, 31, 41 or 42(4)(c) of the Act, or section 28A, 30, 31, 32, 35B, 35ZB or 35ZF of the Hospitals Superannuation Act 1965; "contributory benefit", in relation to Part 6, means a benefit other than a basic benefit; 15 "fund year" means a period of 12 months commencing on 1 July in any year; "salary" means-- (a) in relation to a member who is a casual employee, the amount, determined and 20 computed by the Board, of the total of all amounts payable to the member on an annual basis as remuneration under the relevant award determination, excluding any expense of office, 25 uniform allowance or reimbursement of travelling or other incidental expenses; (b) in relation to any other member, the amount, determined and computed by the Board, of the annual rate of 30 remuneration for the time being payable periodically and regularly to a member by an employer, excluding any 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 66

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 22 Act No. expense of office, uniform allowance or reimbursement of travelling or other incidental expenses and all other allowances which would not ordinarily be payable on a periodical and regular 5 basis; and (c) in the case of a contributor who is an employee of a union or employee organisation-- (i) the salary of the employee 10 immediately before becoming a full-time officer of the union or employee organisation; or (ii) any greater salary as is paid to the contributor by the union or 15 employee organisation and approved by the Board; (d) in relation to the benefits (other than basic benefits) of a part-time contributor, the salary which would be 20 payable at that time to a person in similar employment on a full-time basis; and (e) if a contributor's salary has been reduced and the Board has agreed that 25 the reduction is not to be taken into account, the greater, from time to time, of-- (i) the salary of the contributor immediately before the reduction; 30 or (ii) the reduced salary of the contributor;'. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 67

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 23 Act No. (2) In section 3(1) of the Hospitals Superannuation Act 1988 for the definition of "retrenchment" substitute-- ' "retrenchment" means the termination of the employment or service of a member who has 5 not attained the minimum retirement age and in respect of whom the participating institution certifies in writing to the Board that the member has been retrenched for the purposes of this Act;'. 10 23. Repeal of section 18 Section 18 of the Hospitals Superannuation Act 1988 is repealed. 24. Amendment of section 23 In section 23(3) of the Hospitals Superannuation 15 Act 1988 for "12" substitute "6". 25. New Part inserted After Part 4 of the Hospitals Superannuation Act 1988 insert-- 'PART 4A--OLD SCHEME 20 25A. Definitions In this Part-- "contributory service" means the period of service calculated in years (including fractions appropriate to complete 25 months) during which a contributor has contributed (or is deemed to have contributed under Part IIIA of the previous Act) to the Fund and includes-- 30 (a) any leave of absence during which the contributor continues 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 68

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. to receive salary from the employer or periodic payments under the Accident Compensation Act 1985 and continues to make contributions; 5 and (b) any leave of absence without pay or with reduced pay on account of illness or injury certified by a registered medical practitioner 10 during which the contributor and the employer continue to make contributions without reduction; and (c) any other leave of absence 15 approved by an employer during which a contributor has made contributions in accordance with section 42(4)(c) or in accordance with section 30(4)(c) of the 20 previous Act; and (d) any period in respect of which the contributor has made contributions in accordance with section 28A of the previous Act; 25 and (e) (if relevant to the calculation of contributory benefits on death or retirement due to disability), prospective service recognised by 30 the Board; but does not include-- (f) any period in excess of 4 weeks in respect of which no contribution payments are made 35 to the Fund; or 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 69

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. (g) any period in respect of which a benefit has previously been paid; or (h) any leave of absence during which a contributor has made 5 contributions in accordance with section 42(4)(b) or in accordance with section 30(4)(b) of the previous Act; "deferral account balance" means, in 10 relation to a former contributor-- (a) the amount in a beneficiary's account which was established under the previous Regulations; or 15 (b) the amount of the entitlement to a deferred benefit under this Part which represents the old scheme contributor's member's account balance at the date of termination 20 of service; or (c) the amount of the unpaid balance of a lump sum disability benefit being paid in more than one payment under section 25G(5)-- 25 and the amount of any net earnings or net loss calculated on the basis of the net earning rate of the Fund as determined by the Board; "disability" has the meaning it has in 30 section 3, but where appropriate, as if the words "before the age of 60 years" were omitted; "old pension scheme contributor" means a person who as at 30 June 1988 was 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 70

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. (except during any leave of absence) making or deemed to be making pension scheme contributions and who after that date continues to make contributions (except during any leave 5 of absence) until the termination of his or her service (subject to section 30(5), 25R(2) or 25R(3) as appropriate) at the rate at which he or she was contributing at that date or at 6% of Fund salary; 10 "old scheme contributor" means a contributor to the Fund as at 30 June 1988 who (except during any leave of absence) continues to make contributions after that date; 15 "old scheme contributor's member's account balance" means in relation to an old scheme contributor, the total, from time to time, of-- (a) the total balance at 30 June 1988 20 of all the "member's accounts" maintained for the contributor under the previous Regulations; and (b) 25% of the balance in paragraph 25 (a) which the Board determines is attributable to the member's employment with a participating institution on or after 1 January 1964 or, in the case of a person 30 who transferred from a Part IVA scheme under section 11(4A) of the previous Act, on or after the date of becoming a member; and (c) 7% of the contributor's Fund 35 salary during periods of 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 71

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. contributory service from 1 July 1988 to 30 June 1993, and for each year of contributory service after 30 June 1993 a percentage of the contributor's Fund salary as 5 follows-- Period of Membership % per annum of contributor's Fund Salary Employer's Employer's aggregate payroll $1 aggregate payroll million or less in the more than $1 base year for the million in the base purposes of C'lth year for the Law purposes of C'lth Law 1 July 1993 to 30 June 1994 6 4 1 July 1994 to 30 June 1995 5 4 1 July 1995 to 30 June 1996 4 3 1 July 1996 to 30 June 1997 3 3 1 July 1997 to 30 June 1998 3 3 1 July 1998 to 30 June 1999 2 2 1 July 1999 to 30 June 2000 2 2 1 July 2000 to 30 June 2001 1 1 1 July 2001 to 30 June 2002 1 1 From 1 July 2002 0 0 ; and (d) the amount of any net earnings or net loss calculated on the basis of the net earning rate of the Fund as 10 determined by the Board; "pension scheme contribution" means a payment made to the Board by or in respect of a contributor in accordance with section 35B or 35ZF of the 15 previous Act; "pensioner" means any person who is entitled to receive a pension (other than a pension calculated by reference to section 36) under this Part or the 20 previous Act; 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 72

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. "previous Act" means the Hospitals Superannuation Act 1965; "previous Regulations" means the Hospitals Superannuation (Fund) Regulations 1985. 5 25B. Medical classifications for old scheme contributors (1) For the purposes of section 25C, each old scheme contributor is to be assigned a single medical classification in the following 10 manner-- (a) The highest classification of the contributor under the previous Act is to be ascertained (out of all the classifications allocated to him or her 15 for lump sum death, lump sum disability or pension), after ranking the classification as follows-- Death Lump Disability Rank Sum Lump Sum Pension 1st 1 A F 2nd 2 B 3rd L 4th 3 C 5th 4 D 6th 0 O S (b) Classifications for the purposes of this Act are to be assigned according to the 20 contributor's highest classification (or equal-highest classifications) under the previous Act as ascertained under paragraph (a), as follows-- Percentage Medical applied under Rank Classification section 25C 1st A 100 2nd A 100 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 73

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. 3rd B 75 4th C 50 5th D 25 6th O 0; (c) Despite anything to the contrary in this sub-section, a contributor with more than 20 years' service is to be assigned an "A" classification. (2) An old scheme contributor who has not yet 5 been examined may undergo an examination (at the Board's expense) or supply information of a medical nature as the Board requires, in order to be assigned a medical classification under sub-section (1). 10 25C. Benefits payable in accordance with transitional medical classifications Subject to section 25H(5), that portion of a death or disability benefit (other than a basic benefit) payable to an old scheme contributor 15 under this Act which is calculated in respect of the unexpired period of contributory service following the date of death or retirement due to disability, must be adjusted by multiplying it by the percentage set out 20 next to the contributor's medical classification code specified in section 25B. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 74

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. 25D. Accrued retirement benefits for old scheme contributors to whom section 31 applies (1) If a member who at 30 June 1988 was making or was deemed to be making pension scheme contributions (except during any 5 leave of absence without pay) continues under section 31 to contribute at a rate other than 6% of Fund salary in respect of any period after 30 June 1988, the accrued retirement benefit determined in respect of 10 that member in calculating any benefits under Part 6 is to be calculated as if during that period the member were contributing at the rate of 6% of Fund salary. (2) If a member to whom sub-section (1) does 15 not apply continues under section 31 to contribute at the rate of 35% of Fund salary in respect of any period after 30 June 1988, the accrued retirement benefit determined in respect of that member in calculating any 20 benefits under Part 6 is to be calculated as if during that period the member were contributing at the rate of 3% of Fund salary. 25E. Additional benefits for contributory service before 1 July 1988 25 (1) For the purposes of Part 6, the accrued retirement benefit of an old scheme contributor is not subject to the limit in section 34(2), and includes-- (a) 10% of the adjusted final Fund salary 30 of the contributor for each year (not exceeding 40) of contributory service completed before 1 July 1988 during which pension scheme contributions were made or deemed to have been 35 made by that contributor; and 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 75

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. (b) 10% of the adjusted final Fund salary of the contributor for each year of contributory service completed before 1 July 1988 or any greater multiple of adjusted final Fund salary that is fixed 5 by the Board having regard to the old scheme contributor's member's account balance at 30 June 1988. (2) For the purposes of section 37, the adjusted member contributions of an old scheme 10 contributor are to include a multiple of adjusted final Fund salary that is fixed by the Board having regard to the resignation benefit of the contributor under the previous Act or under the previous Regulations as at 15 30 June 1988. (3) For the purposes of section 37, the balance of the accrued retirement benefit of an old scheme contributor as at 30 June 1988 is to be the amount calculated under sub-section 20 (1) less the amount calculated under sub-section (2). 25F. Retirement benefit option (1) An old pension scheme contributor who retires for any reason having attained the age 25 of 55 years may elect to substitute for the benefit payable under section 34 a benefit comprising an annual pension and a lump sum in accordance with this section. (2) The annual pension is an annual pension at 30 the rate of-- (a) five-sixths of one per cent of adjusted final Fund salary for each year of contributory service before 1 July 1988 during which pension scheme 35 contributions were made or deemed to 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 76

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. have been made by that contributor; and (b) five-sixths of one per cent of adjusted final Fund salary for each year of contributory service after 30 June 5 1988-- which is to be-- (i) multiplied by the following fraction-- 120/C-- 10 where C represents the lump sum factor set out in the table below for the age in completed years and months at which the pension becomes payable, or (if the 15 contributor retires having attained the age of 66 years) increased by an amount that is determined by the Board upon the advice of an actuary appointed by the Board; 20 Amount to be subtracted from lump sum factor for Lump sum each additional Age factor completed month of age 55 13.6 0.0167 56 13.4 0.0167 57 13.2 0.0167 58 13.0 0.0167 59 12.8 0.0167 60 12.6 0.0167 61 12.4 0.0083 62 12.3 0.0083 63 12.2 0.0083 64 12.1 0.0083 65 12.0 0.0083 ; and 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 77

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. (ii) increased in accordance with section 53; and (iii) payable until the person receiving the pension dies. (3) The lump sum is a lump sum which is the 5 greater of-- (a) the amount set out in section 25E(1)(b) plus-- (i) for each year of contributory service after 30 June 1988 and 10 before 1 July 1993, 8% of the adjusted final Fund salary of the contributor; and (ii) for each year of contributory service after 30 June 1993 a 15 percentage of the contributor's adjusted final Fund salary as follows-- Period of Membership % per annum of contributor's adjusted final Fund Salary Employer's aggregate payroll Employer's aggregate $1 million or less in payroll more than $1 the base year for the million in the base purposes of C'lth year for the purposes Law of C'lth Law 1 July 1993 to 30 June 1994 6 4 1 July 1994 to 30 June 1995 5 4 1 July 1995 to 30 June 1996 4 3 1 July 1996 to 30 June 1997 3 3 1 July 1997 to 30 June 1998 3 3 1 July 1998 to 30 June 1999 2 2 1 July 1999 to 30 June 2000 2 2 1 July 2000 to 30 June 2001 1 1 1 July 2001 to 30 June 2002 1 1 From 1 July 2002 0 0 ; or 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 78

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. (b) the old scheme contributor's member's account balance. 25G. Disability benefit option (1) An old pension scheme contributor who retires on the ground of disability before 5 attaining the age of 65 years may elect to substitute for the benefit payable under either section 34 or 36, a benefit comprising (subject to section 49) a pension and lump sum and any child's allowance in accordance 10 with this section. (2) The pension is a pension calculated in accordance with section 25F, as if-- (a) the contributor had retired having attained the age of 65 years; and 15 (b) the contributor's contributory service included prospective service to the date on which he or she would attain the age of 65 years-- and reduced where appropriate by any 20 percentage applicable on account of health impairment under section 25C. (3) The lump sum is a lump sum which is the greater of-- (a) the amount set out in section 25E(1)(b) 25 plus-- (i) for each year of contributory service after 30 June 1988 and before 1 July 1993, 8% of the adjusted final Fund salary of the 30 contributor; and (ii) for each year of contributory service after 30 June 1993 a percentage of the contributor's 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 79

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. adjusted final Fund salary as follows-- Period of Membership % per annum of contributor's adjusted final Fund Salary Employer's aggregate payroll Employer's aggregate $1 million or less in payroll more than $1 the base year for the million in the base purposes of C'lth year for the purposes Law of C'lth Law 1 July 1993 to 30 June 1994 6 4 1 July 1994 to 30 June 1995 5 4 1 July 1995 to 30 June 1996 4 3 1 July 1996 to 30 June 1997 3 3 1 July 1997 to 30 June 1998 3 3 1 July 1998 to 30 June 1999 2 2 1 July 1999 to 30 June 2000 2 2 1 July 2000 to 30 June 2001 1 1 1 July 2001 to 30 June 2002 1 1 From 1 July 2002 0 0 as if the contributor's contributory service included prospective service to the date on which he or she would 5 attain the age of 65 years, reducing the benefit in respect of prospective service where appropriate by any percentage applicable on account of health impairment under section 25C; or 10 (b) the old scheme contributor's member's account balance, plus a percentage of the contributor's adjusted final Fund salary for each year of prospective contributory service to the date on 15 which he or she would attain the age of 65 years as follows-- 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 80

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. Period of Membership % per annum of contributor's Fund Salary Employer's aggregate payroll Employer's aggregate $1 million or less in payroll more than $1 the base year for the million in the base purposes of C'lth year for the purposes Law of C'lth Law 1 July 1993 to 30 June 1994 6 4 1 July 1994 to 30 June 1995 5 4 1 July 1995 to 30 June 1996 4 3 1 July 1996 to 30 June 1997 3 3 1 July 1997 to 30 June 1998 3 3 1 July 1998 to 30 June 1999 2 2 1 July 1999 to 30 June 2000 2 2 1 July 2000 to 30 June 2001 1 1 1 July 2001 to 30 June 2002 1 1 From 1 July 2002 0 0 and reducing the benefit in respect of prospective service where appropriate by any percentage applicable on account of health impairment under section 25C. 5 (4) The child's allowance is any child's allowance determined in accordance with section 25S. (5) A disability lump sum benefit payable under or in accordance with this section may be 10 paid by the Board in one payment or in more than one payment as determined by the Board. 25H. Death benefits option (1) Upon the death of an old pension scheme 15 contributor, the dependant or the personal representative of that contributor whom the Board has determined is the appropriate person to make the election may elect to substitute for the benefit payable under 20 section 35 a benefit comprising a benefit and 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 81

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. lump sum and any child's allowance in accordance with this section. (2) The benefit is a benefit being either-- (a) subject to sub-section (6), an annual pension to the spouse (or if there is no 5 spouse, any other dependant of the deceased contributor as the Board determines appropriate, except a child of the deceased contributor) equal to two-thirds of the pension to which the 10 deceased contributor would have been entitled under section 25G(2) if at the date of death-- (i) he or she had retired on the ground of disability; and 15 (ii) if subject to a "B" medical classification he or she was in fact subject to an "A" medical classification-- which is (subject to section 25P) to be 20 payable until the person receiving the pension dies; or (b) if there is no spouse or dependant other than a child of the deceased contributor, to the personal representative of the 25 deceased contributor an amount equal to-- (i) that proportion of the multiple fixed in accordance with section 25E(2) which the Board 30 determines represents pension scheme contributions made by the contributor before 1 July 1988; and 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 82

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. (ii) one-half of the contributor's adjusted member contributions calculated as from 1 July 1988-- less an amount determined by an actuary appointed by the Board to be 5 required for the payment of any child's allowance payable under section 25S. (3) A lump sum to be apportioned by the Board between those of the dependants of the deceased contributor or the legal personal 10 representative of the deceased contributor as the Board considers appropriate, which is to be (subject to sub-section (6)) calculated in accordance with section 25G(3) as if the deceased contributor had retired on the 15 ground of disability at the date of death. (4) The child's allowance is any child's allowance determined in accordance with section 25S. (5) A pension or lump sum benefit payable 20 under this section or section 35 to an old scheme contributor is not to be reduced on account of health impairment if, in the opinion of the Board, the death arose from causes outside the contributor's own control 25 or outside the control of any person who would benefit from the contributor's death, and was unconnected with the circumstances which resulted in the contributor having been assigned a classification other than "A" 30 under section 25B. (6) If an old scheme contributor who has attained 65 years of age dies before retirement, sub-section (1) applies as if-- 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 83

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. (a) any pension payable under sub-section (2)(a) were equal to two-thirds of the pension to which the deceased contributor would have been entitled under section 25F if at the date of death 5 he or she had retired; and (b) any lump sum payable under sub- section (3) were calculated in accordance with section 25F as if the deceased contributor had retired at the 10 date of death. 25I. Minimum death and disability benefit The Board must pay to any person entitled to receive a benefit under section 25G(3) or 25H(3) as a result of an election made under 15 either of those sections any amount by which that benefit when added to the contributor's basic benefit is less than an amount determined by the Board upon the advice of an actuary appointed by the Board which is 20 not greater than the lump sum benefit that would have been payable under the previous Act had the contributor died on 30 June 1988 and had been subject to a "1" medical classification at that date. 25 25J. Retrenchment benefit option An old pension scheme contributor who is retrenched may elect to substitute for the benefit payable under section 38 a benefit, subject to section 58B, calculated in 30 accordance with section 25F as if the contributor had retired having attained the age of 65 years at the date of retrenchment, except that any pension entitlement is to be deferred and payable in accordance with 35 section 25V. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 84

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. 25K. Deferred resignation benefit option An old pension scheme contributor who resigns or is dismissed and to whom no other benefits are payable under this Part may elect to substitute for all benefits payable 5 under section 37 a benefit deferred and payable in accordance with section 25V being, at the election of the contributor, either-- (a) an amount calculated in accordance 10 with section 38; or (b) an amount calculated in accordance with section 25J. 25L. Options for contributors who are paying at 35% or 6% 15 An old scheme contributor who is not an old pension scheme contributor and who continues to make contributions at the rate of either 3.5% or 6% of Fund salary until the termination of his or her service (subject to 20 section 30(5) or section 25R(2) or 25R(3) as appropriate) may elect to substitute for benefits calculated under section 34, 35, 36, 37 or 38 a benefit calculated in accordance with-- 25 (a) in the case of retirement, early retirement or retrenchment, section 25F(3); or (b) in the case of resignation, at the election of the contributor either-- 30 (i) section 25F(3) (deferred and payable in accordance with section 25V); or 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 85

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. (ii) section 34 (deferred and payable in accordance with section 25V); or (c) in the case of disability, section 25G(3) and 25G(4) and payable in accordance 5 with section 25G(5); or (d) in the case of death, sections 25H(3), 25H(4) and 25H(6). 25M. Additional death and disability benefits A member who as at 30 June 1988 was 10 paying premiums for additional death or disability benefits under regulation 7(3) of the previous Regulations may continue to pay premiums and be entitled to benefits as under that regulation, provided that the 15 member's total level of cover under that regulation in respect of any Fund year after that date is to be no higher than the total level of cover under that regulation in respect of the Fund year ending on 30 June 20 1988. 25N. Death of a pensioner (1) Upon the death of a former contributor to the Fund to whom a pension is payable under this Part or under the previous Act (other 25 than a pension payable in accordance with section 36 or 43B), there is payable a benefit comprising a benefit in accordance with sub- section (2) and any child's allowance. (2) The benefit is a benefit being-- 30 (a) subject to sub-section (4), a pension to the spouse (or if there is no spouse to any other dependant of the deceased former contributor as the Board determines appropriate, except a child 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 86

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. of the deceased former contributor) equal to two-thirds of the pension payable to the deceased former contributor at the time of his or her death; or 5 (b) if there is no spouse or dependant other than a child of the deceased former contributor, to the personal representative of the deceased former contributor an amount equal to-- 10 (i) that proportion of the multiple fixed in accordance with section 25E(2) which the Board determines represents pension scheme contributions made by the 15 contributor before 1 July 1988, and one-half of any adjusted member contributions calculated as from 1 July 1988; less (ii) the total amount of pension 20 payments already made to the deceased former contributor, together with an amount determined by an actuary appointed by the Board to be 25 required for the payment of any child's allowance under section 25S. (3) The child's allowance is any child's allowance determined in accordance with 30 section 25S. (4) If the deceased former contributor was receiving a disability pension and at the date of his or her retirement on the ground of disability was subject to a "B" medical 35 classification, or, having died before 1 July 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 87

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. 1988 was subject to a "Limited" pension classification under the previous Act, the benefit under sub-section (2)(a) is to be calculated as if the deceased former contributor had been entitled to full benefits 5 at the date of his or her retirement on the ground of disability. 25O. Death of a former contributor entitled to outstanding instalment of disability lump sum benefit 10 Upon the death of a former contributor to the Fund to whom any outstanding instalment of a disability lump sum benefit is payable under this Part or under the previous Regulations, there is payable to those of the 15 deceased former contributor's dependants as the Board considers appropriate (or if there are no dependants, to the deceased former contributor's personal representative), a benefit comprising-- 20 (a) the deceased former contributor's deferral account balance; and (b) in the case of a contributor who became a member of the Fund before 1 January 1981 and who became entitled to a 25 disability benefit before 1 July 1988, any amount that the Board determines is appropriate having regard to regulations 15 and 16 of the previous Regulations. 30 25P. No entitlement to multiple pensions (1) Despite anything to the contrary in this Part or under the previous Act, a person is not entitled-- 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 88

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. (a) to a pension under this Part or under the previous Act as the spouse of a deceased contributor or deceased former contributor in respect of any period during which he or she is the 5 spouse of another person; or (b) to receive at any time, under this Part or under the previous Act, more than one pension as the spouse or dependant of a deceased contributor or deceased 10 former contributor (but any person who is entitled to a pension as the spouse or dependant of more than one deceased contributor or former contributor will be entitled to whichever of the pensions 15 is the greater); or (c) to receive at the same time, under this Part or under the previous Act, a pension as a former contributor and a pension as the spouse of a deceased 20 former contributor if he or she became the spouse of the deceased former contributor after the retirement of the deceased former contributor (but so long as he or she would but for this 25 paragraph be entitled to both of those pensions, he or she will be entitled to whichever pension is the greater). (2) If a person becomes the spouse of a pensioner after the pensioner's retirement, a 30 pension is not payable to the spouse on the death of the pensioner unless-- (a) at the time that the person became the pensioner's spouse, the pensioner was receiving a disability retirement 35 pension and had not attained the age of 60 years; or 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 89

 


 

Superannuation Acts (Further Amendment) Act 1996 Act No. (b) the person became the pensioner's spouse at least 3 years before the pensioner's death. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 90

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. (3) If a spouse-- (a) is entitled to a pension by virtue of sub- section (2)(b); and (b) was more than 3 years younger than the pensioner-- 5 the pension payable to the spouse is to be reduced to the pension that in the opinion of an actuary appointed by the Board is the actuarial equivalent at the date the person became the pensioner's spouse of the pension 10 that would have been payable if the spouse was 3 years younger than the pensioner. 25Q. Death of spouse pensioner Upon the death of a spouse or other dependant of a deceased contributor or of a 15 deceased former contributor (other than a child of the deceased contributor or deceased former contributor) to whom a pension is payable, there is payable to the personal representative of the deceased spouse or 20 deceased dependant an amount equal to-- (a) that proportion of the multiple fixed in accordance with section 25E(2) which the Board determines represents pension scheme contributions made by 25 the contributor before 1 July 1988, and one-half of any adjusted member contributions calculated from 1 July 1988; less (b) the total amount of pension payments 30 already made to the deceased contributor or deceased former contributor, or to the deceased spouse or deceased dependant, together with an amount determined by an actuary 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 91

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. appointed by the Board to be required for the payment of any child's allowance in respect of the deceased contributor or deceased former contributor. 5 25R. Maximum lump sum benefit payable (1) Despite anything to the contrary in this Part the sum of-- (a) the annual pension payable to an old pension scheme contributor under 10 section 25F(2) multiplied by the lump sum factor specified in that section for the age in completed years and months at which the pension becomes payable, or the annual pension payable to an old 15 pension scheme contributor under section 25G(2) multiplied by 120; and (b) the lump sum payable to the old pension scheme contributor under section 25F(3) or 23G(3)-- 20 must not exceed the greater of-- (c) 80 times the adjusted final Fund salary of the contributor; or (d) the sum if the total contributory service recognised for the purposes of section 25 25F(2)(a) or 25F(2)(b) did not exceed 30 years or such greater period not exceeding 40 years as had been completed by the contributor on 30 June 1988. 30 (2) Despite anything to the contrary in this Part if an old scheme contributor is entitled to an accrued retirement benefit under section 25E(1) of not less than 80 times adjusted final Fund salary at 1 July 1988 no 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 92

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. contributions are to be made by that contributor after 30 June 1988 but any subsequent membership of the Fund is to be recognised as contributory service for the purposes of section 25F(2). 5 (3) Despite anything to the contrary in this Part if an old scheme contributor becomes entitled to an accrued retirement benefit of 80 times adjusted final Fund salary after 1 July 1988 no further contributions are 10 thereafter to be made by that member but any subsequent membership of the Fund is to be recognised as contributory service for the purposes of section 25F(2). 25S. Children's allowances 15 (1) A child's allowance under this Part is payable in respect of each child (subject to a maximum of 4) of the contributor or (where provided for on the death of a contributor or former contributor) of the spouse of the 20 deceased contributor or deceased former contributor (except a child born more than 10 months after the death of the deceased contributor or deceased former contributor) who-- 25 (a) is less than 18 years of age; or (b) is deemed by the Board to be a full- time student of not more than 25 years of age. (2) An allowance payable under sub-section (1) 30 is to be calculated at the rate of $1560 per annum from the first payment period commencing on or after 1 July 1988 and increased in accordance with section 53 as if a pension at the rate of $1560 per annum 35 were payable for each month of the 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 93

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. prescribed half year ending on 31 December 1987. (3) On the death of a contributor or pensioner whose spouse is dead or divorced, any child's allowance which would otherwise be 5 calculated under sub-section (2) is to be payable to the person whom the Board determines is appropriate and is to be calculated at twice the rate of the allowance which is payable under sub-section (2). 10 (4) The Board may, having regard to the interests and welfare of the child, substitute for any allowance payable in respect of a child under the previous Act an allowance calculated in respect of a child under this 15 section (as if no maximum of 4 children were specified in sub-section (1)). (5) One amount only is payable as an allowance in respect of a child who would otherwise be entitled to an allowance in respect of more 20 than one contributor or deceased former contributor. (6) Despite anything to the contrary in this Part, any money payable in respect of a child may, at the discretion of the Board, be paid to any 25 person as the Board directs on behalf of the child and for the benefit of the child or expended by the Board for the benefit of the child. 25T. Commutation of pensions 30 (1) Subject to the terms and conditions from time to time approved by the Minister, any person who is receiving or entitled to a pension under this Part or under the previous Act may apply to the Board for and the 35 Board may grant the payment of a lump sum 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 94

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. amount in consideration of the reduction of the pension or any future pension entitlement that may arise as a consequence of that pension. (2) On receipt of an application by a person 5 under sub-section (1), the Board may require the person to provide any additional information that it requires. (3) The amount of the lump sum paid under sub-section (1) is to be determined by an 10 actuary appointed by the Board. 25U. Reduction of pensions (1) If a person entitled to a disability benefit in the form of a pension or any outstanding instalment of a disability lump sum benefit 15 under this Part or under the previous Act or the previous Regulations is in the opinion of the Board capable of obtaining gainful employment, the Board may reduce or stop the pension or instalment payments either 20 temporarily or permanently. (2) Despite anything to the contrary in this Part or in the previous Act or the previous Regulations-- (a) if a former contributor who is receiving 25 or entitled to a pension in respect of his or her former membership of the Fund resumes employment with a participating institution at a salary less than the salary appropriate to the grade 30 in which he or she was employed at the time of retirement because the pensioner is unable to perform the previous duties due to ill health, the Board must reduce the pension as from 35 a date to be fixed by the Board (being 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 95

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. not earlier than the date the person became entitled to the benefit) to an amount equal to the difference between the salary received by the person in respect of the employment with a 5 participating institution and the current equivalent of the salary appropriate to the grade in which he or she was employed at the time of retirement; or (b) if a person who is receiving or entitled 10 to any outstanding instalment of a disability lump sum benefit resumes full-time employment with a participating institution, the Board must discontinue the payments. 15 (3) Upon the death of a person whose pension has been temporarily reduced under sub-section (2), the person's spouse or dependant will be entitled to a pension calculated on the basis that no reduction was 20 made. 25V. Payment of deferred benefits (1) A deferred benefit under this Part is payable upon the earliest of-- (a) the retirement of the former contributor 25 from gainful employment, from the age of 55 years except for that part of the deferred benefit which is subject to the specified standards; or (b) the death or disability of the former 30 contributor; or (c) the age of 65 years. (2) A deferred benefit payable under this Part is to be increased in accordance with the definition of "deferral account balance" as 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 96

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. applicable, or otherwise in accordance with section 53. (3) The amount payable as a deferred lump sum benefit to a former contributor to the Fund who became entitled to that benefit under the 5 previous Regulations is the former contributor's deferral account balance. (4) Upon the death or disability of a former contributor who was an old scheme contributor before entitlement to payment of 10 a deferred benefit which is calculated under this Part otherwise than in accordance with Part 6, there is payable any child's allowance which is determined in accordance with section 25S. 15 (5) If a former contributor entitled to a deferred lump sum benefit under this Part dies before payment of the benefit, the amount of that benefit is to be apportioned by the Board between those of the dependants of the 20 deceased contributor or the legal personal representative of the deceased contributor as the Board considers appropriate. (6) Except where the deferred pension becomes payable upon the death or disability of a 25 former contributor, a deferred pension under this Part is to be calculated in accordance with section 25F, based on the actual number of years of contributory service and the age at which the pension becomes payable. 30 (7) If a former contributor who had been an old scheme contributor and who is entitled to a deferred pension under this Part dies before the pension becomes payable, there is payable to the spouse (or if there is no 35 spouse, any other dependant of the deceased 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 97

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 25 Act No. former contributor as the Board determines appropriate, except a child of the deceased former contributor), a pension equal to two- thirds of the deferred pension to which the contributor would have been entitled if the 5 contributor had become entitled to payment of the deferred pension having attained the age of 65 years. (8) If a former contributor who had been an old scheme contributor and who is entitled to a 10 deferred pension under this Part becomes disabled before the pension becomes payable, the deferred pension is to be calculated as if the contributor became entitled to payment of the deferred pension 15 having attained the age of 65 years. 25W. Benefits for supplementary contributions Upon the termination of service of a member, the Board must pay to the member or in appropriate instances, to his or her 20 dependants or personal representative, an amount representing-- (a) the member's entitlement at 30 June 1988 under regulation 7(1) of the previous Regulations in respect of 25 "supplementary contributions" or under section 32 of this Act or section 33 of the previous Act in respect of "lump sum contributions", made by the member; and 30 (b) all supplementary contributions made by the member or in respect of the member on or after 1 July 1988 under regulation 21 or 22 of the Hospitals Superannuation Regulations 1988; and 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 98

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 26 Act No. (c) the amount of any net earnings or net loss calculated on the basis of the net earning rate of the Fund as determined by the Board. 25X. Application of the Act to pensions, 5 allowances and deferred benefits under previous Act and previous Regulations Despite anything to the contrary in the previous Act or the previous Regulations, sections 41(12), 52, 53, 55, 56 and 57 apply 10 in respect of persons entitled to or receiving pensions, allowances or outstanding instalments of disability lump sum benefits still payable under that Act or those Regulations, as if the entitlements arose 15 under this Act.'. 26. Delegation of powers In the Hospitals Superannuation Act 1988-- (a) in section 26(1) for "Treasurer" substitute "Secretary to the Department of Treasury 20 and Finance"; (b) in section 26(6) for "Minister" substitute "Secretary to the Department of Treasury and Finance"; (c) in section 40A, in the definition of 25 "participating employer" for "Minister" substitute "Secretary to the Department of Treasury and Finance"; (d) in section 41(6) for "Treasurer" substitute "Secretary to the Department of Treasury 30 and Finance". 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 99

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 27 Act No. 27. New section 42A inserted After section 42 of the Hospitals Superannuation Act 1988 insert-- "42A. Member on leave of absence (1) If a member who is absent from his or her 5 employment on leave of absence-- (a) advises the employer of an intention not to return to employment with the employer; or (b) fails to return to employment within a 10 period of 7 days after the expiry of the leave of absence; or (c) on being requested by the employer to return to work fails to return within a period of 7 days after the date specified 15 in that request to return-- that member is deemed to have resigned from the member's employment-- (d) as at the date of receipt by the employer of the advice; or 20 (e) if failing to return to employment in accordance with paragraph (b), as at the end of the period of 7 days; or (f) as at the end of the period referred to in paragraph (c), following the request by 25 the employer. (2) If a contributor is granted leave of absence without pay, the contributor's employer must within one month after the commencement of the leave (or within any longer period as 30 the Board may in special circumstances allow), notify the Board of the granting of the leave. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 100

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 28 Act No. (3) Despite anything to the contrary in this Act, if the Board does not receive notice of the granting of a period of leave of absence without pay within the period specified in sub-section (2), the Board may-- 5 (a) determine what contributions are payable during the period of leave of absence and what benefits are payable in respect of those contributions; and (b) require the employer to remit those 10 contributions. (4) Despite anything to the contrary in this Act, but subject to sub-section (3), if a contributor who is absent on leave without pay otherwise than by reason of ill-health 15 certified by a registered medical practitioner approved by the Board does not make an election under section 42(4) within one month after the commencement of the leave of absence (or within any longer period as 20 the Board may in special circumstances allow), the Board may deem the contributor to have made an election under section 42(4)(a).". 28. New sections 43A-43D inserted 25 After section 43 of the Hospitals Superannuation Act 1988 insert-- '43A. Health impairments (1) The Board may require any person who becomes a contributor after 30 June 1988 or 30 any person who applies to be a contributor to be examined (at the Board's expense) or to supply any information of a medical nature that the Board requires in order to determine 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 101

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 28 Act No. whether to issue a medical classification certificate. (2) If the Board after consideration of any medical report or other medical evidence as it considers relevant is of the opinion that 5 there is a real risk that a person who becomes a contributor after 30 June 1988 or a person who applies to be a contributor will not by reason of or connected with any physical or mental condition continue to be 10 gainfully employed until he or she attains the age of 60 years, the Board may issue a medical classification certificate specifying that condition. (3) Subject to sub-section (4), until a contributor 15 who became a member after 30 June 1988 has been assessed and classified by the Board, his or her benefit entitlements are to be in the event of death those set out in section 43B(1)(a) and in the case of 20 disability those set out in section 43B(1)(b). (4) If a member who becomes a contributor after 30 June 1988-- (a) has not been assessed and classified by the Board; and 25 (b) dies or becomes disabled, and the death or disability-- (i) was not, in the opinion of the Board, due to the fault of the contributor or any person liable to 30 benefit financially from the contributor's death; and (ii) was in the opinion of the Board caused or substantially contributed to by a traumatic 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 102

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 28 Act No. bodily injury suffered by the contributor within 12 months (or any longer period that is approved by the Board) before the death or the retirement on the ground of 5 disability of the contributor (as the case may be)-- the benefit payable in respect of that contributor is to be calculated in accordance with section 35(1) or 36(1) 10 (as the case may be). 43B. Benefits payable to a contributor issued with a medical classification certificate (1) If a contributor in respect of whom there is a medical classification certificate dies or 15 becomes disabled and the Board is of the opinion that the death or disability was caused or substantially contributed to by a condition specified in the medical classification certificate, the benefit payable 20 instead of the benefit under section 35(1) or 36(1) is-- (a) in the event of death (subject to sub- sections (2), (3), (4) and (5) of section 35)-- 25 (i) the accrued retirement benefit at the date of death; and (ii) for each year of service one- eighteenth of the balance of the lump sum benefit which would 30 have been payable under section 35 (1) if no medical classification certificate was in force-- but not exceeding the benefit which would have been payable if no medical 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 103

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 28 Act No. classification certificate was in force; and (b) in the event of disability, an annual pension for life (subject to sub-sections (2), (3) and (4) of section 36) at the rate 5 of one-twelfth of the sum of-- (i) the accrued retirement benefit at the date of disability; and (ii) for each year of service, one- eighteenth of the balance of the 10 lump sum amount calculated under section 36 (1) as if no medical classification certificate was in force-- but not exceeding the pension which 15 would have been payable if no medical classification certificate was in force. (2) If a contributor receiving a benefit under sub-section (1)(b) dies before attaining the age of 65 years, the Board must pay to the 20 dependants of that contributor or other persons that it determines a lump sum calculated in accordance with section 36(4), as if the term "accrued retirement benefit" in that section included the amount in 25 sub-section (1)(b). 43C. Ongoing medical examinations The Board may at any time require a contributor to be examined (at the Board's expense) or to supply information of a 30 medical nature as the Board requires, and after the examination or receipt of the information, the Board may-- (a) determine that any pre-existing health impairment determined under section 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 104

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 29 Act No. 43A no longer exists for the purposes of this Act; or (b) (in the case of a contributor who has been assigned a medical classification under section 25B) re-assign the 5 contributor to a higher medical classification. 43D. Fees for medical reviews The fee to be paid to the Board by a member or former member who refers the question of 10 his or her classification to a review panel is $50.'. 29. New section 51B inserted After section 51A of the Hospitals Superannuation Act 1988 insert-- 15 "51B. Early release of benefits (1) The Board may approve the early release of part or all of the vested benefit of a member or former member in accordance with the specified standards. 20 (2) The Board must determine-- (a) the amount of the vested benefit to be released; and (b) the method of payment of that amount; and 25 (c) the reduction to be made to the vested benefit-- in accordance with the specified standards.". 30. New sections 56B and 56C inserted After section 56A of the Hospitals 30 Superannuation Act 1988 insert-- "56B. Payment of contributions 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 105

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 31 Act No. The contributions of a contributor are to be deducted by his or her employer from his or her salary at each payment of salaries and paid without deduction for postage, forwarding or exchange to the Board. 5 56C. Mode of election (1) Unless otherwise provided, an election made by a contributor or other person entitled to benefits under this Act is not valid unless made in the form required by the Board and 10 before the expiry of 6 months, or any longer period which the Board may in special circumstances allow, from the date upon which the person became entitled to make the election. 15 (2) If a person entitled to make an election in respect of benefit entitlements has not made a valid election in accordance with this Act, the Board may at its discretion, unless otherwise provided in this Act, choose to pay 20 to the person whichever of the benefits arising from an election as the Board thinks fit.". 31. Amendment of section 58B After section 58B(1)(a) of the Hospitals 25 Superannuation Act 1988 insert-- " ; and (d) specify the circumstances (other than death or disability) in which an application for an early release of benefits may be made; and 30 (e) specify the benefits in respect of which an application for an early release may be made; and (f) specify the method, manner and form in which benefits which are the subject of an 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 106

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 32 Act No. application for an early release of benefits may be paid.". 32. Consequential amendments (1) Section 33(3A) of the Hospitals Superannuation Act 1988 is repealed. 5 (2) In section 37(3) of the Hospitals Superannuation Act 1988 for "The" substitute "Subject to section 51B, the". (3) Section 37(5) of the Hospitals Superannuation Act 1988 is repealed. 10 (4) In section 38 of the Hospitals Superannuation Act 1988 for "A" substitute "Subject to section 51B, a". (5) In section 50A(3) of the Hospitals Superannuation Act 1988 omit "or in any other 15 circumstances approved in writing by the Insurance and Superannuation Commissioner.". 33. Consequential amendments (1) In section 3(1) of the Hospitals Superannuation Act 1988 omit-- 20 ' "salary" means the pecuniary emoluments payable to a member as prescribed;'. (2) Section 4(1) of the Hospitals Superannuation Act 1988 for "prescribed superannuation scheme" substitute "superannuation scheme declared for 25 the purposes of this section by the Minister by notice published in the Government Gazette". (3) In section 4(3) of the Hospitals Superannuation Act 1988 after "benefits" insert "under the Hospitals Superannuation (Interim Benefits) 30 Regulations 1988". (4) In sections 33(1)(b), 41(4)(b) and 42(3)(b) of the Hospitals Superannuation Act 1988 for 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 107

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 34 Act No. "prescribed rate" substitute "rate determined by the Board". (5) In section 38 of the Hospitals Superannuation Act 1988 for "A" substitute "Subject to section 58B, a". 5 (6) Section 41(8) of the Hospitals Superannuation Act 1988 is repealed. (7) In section 59(1) of the Hospitals Superannuation Act 1988 omit all words and expressions after "effect to this Act". 10 34. Revocation of regulations (1) The following Regulations are revoked by virtue of this section-- (a) the Hospitals Superannuation Regulations 1988 (Statutory Rule No. 404/1988); 15 (b) the Hospitals Superannuation (Interim Benefits) Regulations 1988 (Statutory Rule No. 281/1988). (2) The Interpretation of Legislation Act 1984 applies in respect of the Regulations revoked by 20 sub-section (1) as if the Regulations were Acts repealed or repealed and re-enacted (as the case may be) by an Act and the previous operation of the Regulations or anything duly done or suffered under the Regulations is not affected by the 25 revocation thereof. _______________ 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 108

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 35 Act No. PART 5--AMENDMENT OF LOCAL AUTHORITIES SUPERANNUATION ACT 1988 35. Amendment of section 3 (1) In section 3(1) of the Local Authorities Superannuation Act 1988 in the definition of 5 "contributor" after "Fund" insert "under Part 5 with respect to the entitlement to benefits under Part 7". (2) In section 3(1) of the Local Authorities Superannuation Act 1988 for the definition of 10 "disability" substitute-- ' "disability", in relation to a contributor, means the permanent inability of the contributor before the age of 60 years due to a continuing or recurring injury, disease or 15 infirmity-- (a) to perform his or her duties; and (b) to perform any other duties for which he or she is suited by education, training or experience or for which he 20 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 25 Board;'. (3) In section 3(1) of the Local Authorities Superannuation Act 1988 for the definition of "retrenchment" substitute-- ' "retrenchment" means the termination of the 30 employment or service of an employee who has not attained the age of 55 years and in respect of whom the employing Authority 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 109

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 36 Act No. certifies in writing to the Board that the employee has been retrenched for the purposes of this Act;'. 36. Amendment of section 23 In section 23(2) of the Local Authorities 5 Superannuation Act 1988 for "12" substitute "6". 37. New section 34A inserted After section 34 of the Local Authorities Superannuation Act 1988 insert-- 10 "34A. Temporary benefit (1) This section applies if the Board determines that a contributor who has applied under section 34 to retire on the ground of disability is likely to substantially recover 15 from injury, disease or infirmity. (2) The Board is to pay the contributor a benefit calculated in accordance with section 34 for a limited period not exceeding 2 years from the date that the Board makes its 20 determination under sub-section (1) and sections 34(1), 34(3) and 34(4) apply accordingly. (3) The amount of the benefit payable to the contributor during the limited period must 25 not exceed the annual rate determined by dividing the opening balance in his or her beneficiary's account by 12. (4) The Board must within 12 months of making its determination under sub-section (1) 30 conduct a review to determine whether-- (a) sub-section (1) still applies; or 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 110

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 37 Act No. (b) the contributor is suffering from a disability and may retire on the ground of disability; or (c) the contributor is suffering from ill health and may retire on the ground of 5 ill health; or (d) the contributor is not suffering from disability or ill health. (5) If sub-section (4)(a) applies, the Board must conduct a further review not later than 2 10 months before the expiry of the limited period. (6) If sub-section (4)(b) applies, the contributor is entitled to a benefit under section 34 calculated on the balance of his or her 15 beneficiary's account as at the date the review is determined. (7) If sub-section (4)(c) applies, the contributor is entitled to a benefit equal to the lesser of the amount calculated in accordance with 20 section 37 or the amount of his or her beneficiary's account as at the date of retirement. (8) If sub-section (4)(d) applies, the contributor ceases to be entitled to a benefit under this 25 section. (9) If the contributor fails to comply with a requirement by the Board to attend a medical examination or to provide information to the Board required by the Board so as to 30 determine whether the contributor is still suffering from a disability or is gainfully employed, the Board may by notice in writing to the contributor suspend payment of the benefit. 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 111

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 38 Act No. (10) If the contributor has not complied with a requirement under sub-section (9) within 30 days of being served with a notice of suspension, the Board may by further notice in writing to the contributor cancel payment 5 of the benefit. (11) The Board may at a further review determine that-- (a) the contributor is suffering from a disability and may retire on the ground 10 of disability; or (b) the contributor is suffering from ill health and may retire on the ground of ill health; or (c) the contributor is not suffering from 15 disability or ill health. (12) If sub-section (11)(a) applies, the contributor is entitled to a benefit under section 34 calculated on the balance of his or her beneficiary's account as at the date the 20 review is determined. (13) If sub-section (11)(b) applies, the contributor is entitled to a benefit equal to the lesser of the amount calculated in accordance with section 37 or the amount of his or her 25 beneficiary's account as at the date of retirement. (14) If sub-section (11)(c) applies, the contributor ceases to be entitled to a benefit under this section.". 30 38. Amendment of section 36 (1) In section 36 of the Local Authorities Superannuation Act 1988 for sub-sections (4) to (7) substitute-- 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 112

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 39 Act No. "(4) The Board must pay the benefit calculated in accordance with sub-sections (1), (2) and (3) less the amount required to be preserved in accordance with the specified standards as a lump sum on resignation. 5 (5) The Board must pay the amount required to be preserved in accordance with the specified standards plus interest on that amount at a rate determined by the Board from time to time from the date of the 10 contributor's resignation until the date of retirement, death or disability as specified in sub-sections (7), (8) and (9). (6) The Board may transfer the amount referred to in sub-section (5) to a complying 15 superannuation fund. (7) The amount referred to in sub-section (5) is payable to the contributor on the request of the contributor to the Board at any time after ceasing to be an employee from the age of 55 20 years except for that part which is subject to the specified standards.". (2) In sections 36(8) and 36(9) of the Local Authorities Superannuation Act 1988 for "an amount calculated in accordance with sub-section 25 (6)" substitute "the amount referred to in sub- section (5)". 39. Delegation of power In section 47E of the Local Authorities Superannuation Act 1988, in the definition of 30 "participating employer" for "Minister" substitute "Secretary to the Department of Treasury and Finance". 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 113

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 40 Act No. 40. New section 50B inserted After section 50A of the Local Authorities Superannuation Act 1988 insert-- "50B. Early release of benefits (1) The Board may approve the early release of 5 part or all of the vested benefit of a contributor or member in accordance with the specified standards. (2) The Board must determine-- (a) the amount of the vested benefit to be 10 released; and (b) the method of payment of that amount; and (c) the reduction to be made to the vested benefit-- 15 in accordance with the specified standards.". 41. Amendment of section 50D After section 50D(1)(c) of the Local Authorities Superannuation Act 1988 insert-- " ; and 20 (d) specify the circumstances (other than death, disability or ill health) in which an application for an early release of benefits may be made; and (e) specify the benefits in respect of which an 25 application for an early release may be made; and 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 114

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 41 Act No. (f) specify the method, manner and form in which benefits which are the subject of an application for an early release of benefits may be paid.". _______________ 5 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 115

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 42 Act No. PART 6--AMENDMENT OF PARLIAMENTARY SALARIES AND SUPERANNUATION ACT 1968 42. Amendment of sections 12 and 13 (1) In section 12(2D) of the Parliamentary Salaries and Superannuation Act 1968 after "trustees" 5 insert "or to a Board administering a public sector superannuation scheme". (2) In section 13(2) of the Parliamentary Salaries and Superannuation Act 1968 for "the 30th day of June, 1969" substitute "30 June 1996". 10 (3) In section 13(3) of the Parliamentary Salaries and Superannuation Act 1968 after "each investigation of the Fund" insert "before the investigation as at 30 June 1996". (4) In section 13(3A) of the Parliamentary Salaries 15 and Superannuation Act 1968-- (a) for "30 June 1997" substitute "30 June 1996"; (b) for "1 July 1998 until 30 June 2015" substitute "1 July after the date as at which 20 the actuarial investigation is held until 30 June 2014". (5) In section 13(3B) of the Parliamentary Salaries and Superannuation Act 1968 before "the period" insert "the end of". 25 (6) For section 13(3C) of the Parliamentary Salaries and Superannuation Act 1968 substitute-- "(3C) As from the actuarial investigation of the Fund as at 30 June 2014 (or an earlier actuarial investigation if the liability of the 30 Fund is then fully funded) and as at each subsequent actuarial investigation, the actuary must certify in each actuarial 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 116

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 43 Act No. investigation the amount in equal annual instalments that is required to be paid to the Fund in each of the next 3 financial years in addition to the other income of the Fund to enable the Fund to have its liability fully 5 funded as at the end of each 3 year period and the Treasurer of Victoria must approve the making of those payments to the Fund.". (7) After section 13(3C) of the Parliamentary Salaries and Superannuation Act 1968 insert-- 10 "(3D) The Parliamentary Trustee must submit the actuary's report of the investigation to the Minister within 6 months after the end of each period of 3 years. (3E) The Minister must cause each actuary's 15 report submitted to him or her to be laid before the Legislative Council and the Legislative Assembly before the expiration of the seventh sitting day of the Legislative Council or the Legislative Assembly, as the 20 case may be, after the actuary's report has been received by the Minister.". 43. Amendment of section 21C (1) In section 21C(2) of the Parliamentary Salaries and Superannuation Act 1968-- 25 (a) in paragraph (a) omit "20,"; (b) after paragraph (i) insert-- '(j) as if in section 20(1A) the definition of "cut off date" were omitted; (k) as if in section 20(1A) in the definition 30 of "eligible lump sum amount" after paragraph (b) there were inserted-- "; or 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 117

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 43 Act No. (c) any amounts received under sections 15(2) and 15(3A) of the Parliamentary Salaries and Superannuation Act 1968."; (l) as if after section 20(1A) there were 5 inserted-- "(1AAA) This section applies to a person specified in section 21A(1)(a) of the Parliamentary Salaries and Superannuation Act 1968."; 10 (m) as if in sections 20(1AA) and 20(1AB) after "member" there were inserted "or on electing to transfer from Division 2 to Division 3 of the Parliamentary Salaries and Superannuation Act 15 1968"; (n) as if in section 20, sub-sections (1AC), (2), (2A), (2B), (2C), (2D) and (5) were repealed.'. (2) After section 21C(2) of the Parliamentary 20 Salaries and Superannuation Act 1968 insert-- "(3) If a person specified in section 21A(1)(b) had a previous period of service as a member that terminated before 1 December 1993-- (a) in respect of which the person received 25 a benefit under section 15(2) before electing to transfer to this Division, the person must elect to repay the amount of that benefit or to have his or her entitlement to benefits under this 30 Division reduced in accordance with section 15(4) as if that section applied to this Division; or (b) in respect of which the person received a pension benefit which he or she partly 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 118

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 44 Act No. commuted to a lump sum under section 16 before electing to transfer to this Division, the person must have his or her entitlement to benefits under this Division reduced in accordance with 5 sections 20(1) and 20(2) as if those provisions applied to this Division.". 44. New section 23A inserted After section 23 of the Parliamentary Salaries and Superannuation Act 1968 insert-- 10 "23A. Early release of benefits (1) The Parliamentary Trustee may approve the early release of part or all of the vested benefit entitlement of a member or former member in accordance with the specified 15 standards. (2) The Parliamentary Trustee must determine-- (a) the amount of the vested benefit entitlement to be released; and (b) the method of payment of that amount; 20 and (c) the reduction to be made to the vested benefit pension entitlement-- in accordance with the specified standards.". 45. Amendment of section 24C 25 After section 24C(1)(c) of the Parliamentary Salaries and Superannuation Act 1968 insert-- 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 119

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 45 Act No. " ; and (d) specify the circumstances (other than death) in which an application for an early release of benefits may be made; and (e) specify the benefits in respect of which an 5 application for an early release may be made; and (f) specify the method, manner and form in which benefits which are the subject of an application for an early release of benefits 10 may be paid.". _______________ 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 120

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 46 Act No. PART 7--AMENDMENT OF PORT OF GEELONG AUTHORITY ACT 1958 46. New section 12A inserted After section 12 of the Port of Geelong Authority Act 1958 insert-- 5 "12A. Closure of PGASF (1) The administrators of the Port of Geelong Authority Superannuation Fund must upon the application of a contributor transfer the balance of the contributor's contribution 10 account, authority account and productivity increase account to a complying superannuation fund nominated by the contributor. (2) An application under sub-section (1) must be 15 made before 3 February 1997. (3) If a contributor has not made an application under sub-section (1), the administrators of the Port of Geelong Authority Superannuation Fund must on 28 February 20 1997 transfer the balance of the contributor's accounts specified in sub-section (1)-- (a) if the contributor's employer is a participating employer for the purposes of Part 7B of the Local Authorities 25 Superannuation Act 1988, to the Local Authorities Superannuation Fund; or (b) if the contributor's employer is a participating employer for the purposes 30 of the Public Sector Superannuation (Administration) Act 1993, to the Victorian Superannuation Fund. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 121

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 47 Act No. (4) The Authority must meet any deficit in the Port of Geelong Authority Superannuation Fund after all the accounts specified in sub-section (1) have been transferred. (5) When the Port of Geelong Authority 5 Superannuation Fund ceases to have any contributors, the Fund ceases to exist and the Authority must wind up the Port of Geelong Authority Superannuation Fund Pty Ltd. (6) The administrators are released from any 10 liability in respect of the entitlements of a contributor as soon as the balance of the accounts specified in sub-section (1) is transferred to the relevant complying superannuation fund.". 15 47. Repeal of section 13 Section 13 of the Port of Geelong Authority Act 1958 is repealed. _______________ 20 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 122

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 48 Act No. PART 8--AMENDMENT OF PUBLIC SECTOR SUPERANNUATION (ADMINISTRATION) ACT 1993 48. Power of delegation In section 3(1) of the Public Sector Superannuation (Administration) Act 1993, in 5 the definition of "participating employer" for "Minister" substitute "Secretary to the Department of Treasury and Finance". 49. New section 42A inserted After section 42 of the Public Sector 10 Superannuation (Administration) Act 1993 insert-- "42A. Early release of benefits (1) The Board may approve the early release of part or all of the amount of a member's 15 account balance in accordance with the specified standards. (2) The Board must determine-- (a) the amount to be released; and (b) the method of payment of that amount; 20 and (c) the reduction to be made to the member's account balance-- in accordance with the specified standards.". 50. Amendment of section 53 25 Section 53(2) of the Public Sector Superannuation (Administration) Act 1993 is repealed. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 123

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 51 Act No. 51. Amendment of section 68A After section 68A(1)(c) of the Public Sector Superannuation (Administration) Act 1993 insert-- " ; and 5 (d) specify the circumstances (other than death or disability) in which an application for an early release of benefits may be made; and (e) specify the benefits in respect of which an application for an early release may be 10 made; and (f) specify the method, manner and form in which benefits which are the subject of an application for an early release of benefits may be paid.". 15 _______________ 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 124

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 52 Act No. PART 9--AMENDMENT OF STATE EMPLOYEES RETIREMENT BENEFITS ACT 1979 52. Amendment of section 18 In section 18(2) of the State Employees Retirement Benefits Act 1979 for "12" 5 substitute "6". 53. Amendment of section 54 In section 54 of the State Employees Retirement Benefits Act 1979-- (a) in sub-section (1) omit "or his employer on 10 his behalf"; (b) in sub-section (1)(a) for "fit to continue in his employment" substitute "not suffering from a disability"; (c) in sub-sections (1)(b), (2) and (3) for 15 "interim disability" substitute "temporary benefit"; (d) in sub-section (4) for "sub-section (1)" substitute "sub-section (1)(b)"; (e) in sub-section (4) for "fit to continue his 20 employment" substitute "or is not disabled"; (f) in sub-section (5) for "sub-section (1)" substitute "sub-section (1)(a) or (4)"; (g) in sub-section (5) for "fit to continue in his employment and the member refuses to do 25 so" substitute "not disabled and refuses to return to his or her employer". 54. Amendment of section 60 In section 60 of the State Employees Retirement Benefits Act 1979 for "again able to perform the 30 disability pensioner's duties or any other duties for which the disability pensioner is suited by 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 125

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 55 Act No. education, training or experience or for which the disability pensioner would be suited as a result of retraining" substitute "no longer suffering from a disability". 55. Section 65A repealed 5 Section 65A of the State Employees Retirement Benefits Act 1979 is repealed. 56. New section 68 inserted After section 67 of the State Employees Retirement Benefits Act 1979 insert-- 10 "68. Early release of benefits (1) The Board may approve the early release of part or all of the vested benefit of a contributor or former contributor in accordance with the specified standards. 15 (2) The Board must determine-- (a) the amount of the vested benefit to be released; and (b) the method of payment of that amount; and 20 (c) the reduction to be made to the vested benefit-- in accordance with the specified standards.". 57. Amendment of section 73 After section 73(1)(c) of the State Employees 25 Retirement Benefits Act 1979 insert-- " ; and (d) specify the circumstances (other than death, disability or ill health) in which an application for an early release of benefits 30 may be made; and 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 126

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 57 Act No. (e) specify the benefits in respect of which an application for an early release may be made; and (f) specify the method, manner and form in which benefits which are the subject of an 5 application for an early release of benefits may be paid.". _______________ 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 127

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 58 Act No. PART 10--AMENDMENT OF STATE SUPERANNUATION ACT 1988 58. Amendment of definitions (1) In section 3(1) of the State Superannuation Act 1988 for the definition of "resignation" 5 substitute-- ' "resignation" means the termination of service (however expressed) other than by reason of death, disability or retrenchment of a member before he or she has attained the 10 minimum age for retirement;'. (2) In section 3(1) of the State Superannuation Act 1988 in the definition of "minimum age for retirement" for "an earlier age for retirement" substitute "an entitlement to an accrued benefit at 15 an earlier age than 55 years". 59. Amendment of sections 16 and 16A (1) Section 16(5) of the State Superannuation Act 1988 is repealed. (2) Sections 16A(4) and 16A(5) of the State 20 Superannuation Act 1988 are repealed. 60. Amendment of section 23 In section 23(3) of the State Superannuation Act 1988 for "12" substitute "6". 61. Amendment of section 37 25 In section 37(1) of the State Superannuation Act 1988 after "section 36(3)" insert "(adjusted in accordance with section 91 up to the date of death of the pensioner)". 30 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 128

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 62 Act No. 62. Amendment of section 47 In section 47(5) of the State Superannuation Act 1988-- (a) for "marries" substitute "has a spouse"; (b) for "marriage" substitute "spouse and that 5 person, born after becoming his or her spouse". 63. New section 71A inserted After section 71 of the State Superannuation Act 1988 insert-- 10 "71A. Early release of benefits (1) The Board may approve the early release of part or all of the vested benefit of a member or former member in accordance with the specified standards. 15 (2) The Board must determine-- (a) the amount of the benefit to be released; and (b) the method of payment of that amount; and 20 (c) the reduction to be made to the vested benefit-- in accordance with the specified standards.". 64. Amendment of section 90A In section 90A(1)(b) of the State 25 Superannuation Act 1988 after "an officer" insert ", scheme member". 65. Amendment of section 92A After section 92A(1)(c) of the State Superannuation Act 1988 insert-- 30 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 129

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 66 Act No. " ; and (d) specify the circumstances (other than death, disability or ill health) in which an application for an early release of benefits may be made; and 5 (e) specify the benefits in respect of which an application for an early release may be made; and (f) specify the method, manner and form in which benefits which are the subject of an 10 application for an early release may be paid.". 66. New section 99 inserted After section 98 of the State Superannuation Act 1988 insert-- 15 "99. Transfer of members under section 4(1BA) of ESSA (1) This section applies to an officer who elects to transfer to the new scheme under section 4(1BA) of the Emergency Services 20 Superannuation Act 1986. (2) Upon electing to transfer to the new scheme the officer becomes a member of the new scheme with a resignation benefit and an accrued retirement benefit calculated in 25 accordance with Part 3 of the Emergency Services Superannuation Act 1986 and, if not adjusted in accordance with section 25A of that Act, adjusted in accordance with section 71B of this Act and certified by an 30 actuary appointed by the Emergency Services Superannuation Board. (3) From the date of becoming a member of the new scheme the officer is entitled to receive benefits as a member of the new scheme. 35 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 130

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 67 Act No. (4) The Emergency Services Superannuation Board must transfer to the Fund assets of the Emergency Services Superannuation Scheme equal to the liability of the scheme up to the date of transfer of the officer in respect of 5 the entitlement under sub-section (2) as determined by an actuary appointed by the Emergency Services Superannuation Board. (5) As soon as the assets have been transferred the assets form part of the Fund. 10 (6) The Emergency Services Superannuation Board is released from any liability in respect of the entitlement of an officer as soon as the assets have been transferred. (7) No stamp duty or other tax is payable under 15 any Act in respect of anything done under this section. (8) Any dispute between the Emergency Services Superannuation Board and the Board in respect of assets to be transferred 20 under this section is to be determined by the Minister.". 67. Consequential amendments Sections 47(10), 47(11), 58(4), 58(5), 61(7) and 61(8) of the State Superannuation Act 1988 are 25 repealed. _______________ 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 131

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 68 Act No. PART 11--AMENDMENT OF SUPERANNUATION (PORTABILITY) ACT 1989 68. Amendment of section 5 For section 5(2)(a) of the Superannuation (Portability) Act 1989 substitute-- 5 "(a) Retirement at or after the age fixed in the governing instrument of the member's statutory superannuation scheme as in force at the time the member made the election under sub-section (1);". 10 69. Amendment of section 7 (1) In section 7(1) of the Superannuation (Portability) Act 1989 for paragraph (a), (b) and (c) substitute-- "(a) the governing instrument of the member's 15 statutory superannuation scheme as in force at the time the member made the election under section 5(1); and ". (2) In section 7(2) of the Superannuation (Portability) Act 1989 for paragraphs (a), (b) and 20 (c) substitute-- "(a) the governing instrument of the member's statutory superannuation scheme as in force at the time the member made the election under section 5(1); and". 25 70. Amendment of section 10 In section 10(1)(b) of the Superannuation (Portability) Act 1989 for sub-paragraphs (i), (ii) and (iii) substitute-- "(i) the governing instrument of the member's 30 statutory superannuation scheme as in force 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 132

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 70 Act No. at the time the member made the election under section 5(1); and". _______________ 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 133

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 71 Act No. PART 12--AMENDMENT OF TRANSPORT SUPERANNUATION ACT 1988 71. Amendment of definition (1) In section 3(1) of the Transport Superannuation Act 1988 after the definition of "Board" insert-- 5 ' "child", in relation to a member, means a child of the member or of his or her spouse, other than any child born more than 10 months after his or her death;'. (2) In section 3(1) of the Transport Superannuation 10 Act 1988 for the definition of "resignation" substitute-- ' "resignation" means the termination of service (however expressed) other than by reason of death, disability or retrenchment of a 15 member before he or she has attained the minimum age for retirement;'. 72. Amendment of section 22 (1) In section 22(1) of the Transport Superannuation Act 1988 for "30 June 1990" 20 substitute "30 June 1997". (2) In section 22(3) of the Transport Superannuation Act 1988 for "12" substitute "6". 73. Amendment of section 31 25 In section 31 of the Transport Superannuation Act 1988-- (a) in sub-sections (2), (3) and (4) before "member" insert "former"; (b) in sub-section (4) omit "or other persons". 30 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 134

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 74 Act No. 74. Section 44D substituted For section 44D of the Transport Superannuation Act 1988 substitute-- "44D. Early release of benefits (1) The Board may approve the early release of 5 part or all of the vested benefit of a member or former member in accordance with the specified standards. (2) The Board must determine-- (a) the amount of the vested benefit to be 10 released; and (b) the method of payment of that amount; and (c) the reduction to be made to the vested benefit-- 15 in accordance with the specified standards.". 75. Amendment of section 53 After section 53(1)(c) of the Transport Superannuation Act 1988 insert-- " ; and 20 (d) specify the circumstances (other than death or disability) in which an application for an early release of benefits may be made; and (e) specify the benefits in respect of which an application for an early release may be 25 made; and (f) specify the method, manner and form in which benefits which are the subject of an application for an early release of benefits may be paid.". 30 _______________ 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 135

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 76 Act No. PART 13--MISCELLANEOUS 76. New section 27A inserted into Equal Opportunity Act 1995 After section 27 of the Equal Opportunity Act 1995 insert-- 5 "27A. Exception--early retirement schemes (1) In deciding the terms on which to offer an employee an incentive to resign or retire, an employer may take into account the age of the employee and any eligibility of the 10 employee to receive a retirement benefit from a superannuation fund. (2) Sub-section (1) applies, and is deemed always to have applied, to anything done by an employer on or after 1 January 1996.". 15 77. Port of Melbourne Authority (Superannuation) Regulations 1989 In regulation 6(1) of the Port of Melbourne Authority (Superannuation) Regulations 1989 (S.R. No. 90/1989) for the definition of 20 "retrenchment" substitute-- ' "retrenchment" means the termination of employment or service of an employee who has not attained the minimum age for retirement and in respect of whom the 25 Authority certifies in writing that the employee has been retrenched for the purposes of these Regulations;". 78. Statute law revision In the Superannuation Acts (Amendment) Act 30 1996-- (a) in section 62 for "1988" substitute "1958"; and 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 136

 


 

Superannuation Acts (Further Amendment) Act 1996 s. 79 Act No. (b) in section 134(5) for "1988" substitute "1995". 79. Repeals The Superannuation Acts (Amendment) Act 1996 is repealed. 5 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 137

 


 

Superannuation Acts (Further Amendment) Act 1996 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 531055B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96 138

 


 

 


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