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This is a Bill, not an Act. For current law, see the Acts databases.


SUPERANNUATION LEGISLATION AMENDMENT BILL 2013

                 PARLIAMENT OF VICTORIA

 Superannuation Legislation Amendment Bill 2013



                      TABLE OF PROVISIONS
Clause                                                                   Page

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

PART 2--EMERGENCY SERVICES SUPERANNUATION
ACT 1986                                                                    3
Division 1--General amendments                                              3
  3      Amendment of section 3(1)--definition of nominee substituted       3
  4      Amendment of section 8--Vacancies on Board                         3
  5      Amendment of section 13--Chief Executive Officer                   3
  6      Amendment of section 20B--Membership                               4
  7      Amendment of section 20E--Death of contributor or police
         recruit                                                            4
  8      Amendment of section 20F--Disability of contributor or police
         recruit                                                            5
  9      Section 20N substituted--Nominated personal representatives        5
         20N     Nominated personal representatives                         5
  10     Amendment of section 20O--Death benefit when no
         dependants                                                         6
  11     Amendment of section 20P--Payment of benefits in case of
         multiple claimants                                                 6
Division 2--Transfer of Parliamentary Contributory
Superannuation Fund                                                         7
  12     Amendment of section 3--Definitions                                7
  13     Amendment of section 4--Application of Act                         7
  14     New Part 4AC inserted                                              8
         PART 4AC--TRANSFER OF THE PARLIAMENTARY
         CONTRIBUTORY SUPERANNUATION FUND AND
         RELATED MATTERS                                                    8
         22DN Definitions                                                   8
         22DO Transfer of assets and liabilities of the Parliamentary
              Contributory Superannuation Fund                              8
         22DP Board is successor in law                                     9



571029B.I-20/8/2013                   i      BILL LA INTRODUCTION 20/8/2013

 


 

Clause Page 22DQ Exemption from stamp duty or other tax 10 22DR Transitional provision--Registrar of Titles 10 22DS Actuarial investigation 10 22DT Scheme may be supplemented by Consolidated Fund 11 PART 3--REPEAL OF SPENT ACTS 13 15 Repeals 13 PART 4--PARLIAMENTARY SALARIES AND SUPERANNUATION ACT 1968 14 16 Consequential amendments 14 PART 5--STATE EMPLOYEES RETIREMENT BENEFITS ACT 1979 17 17 Amendment of section 39--Amount of lump sum and pension on retirement 17 18 Amendment of section 53--Disability benefits 18 19 Amendment of section 54--Board to make determination as to entitlement to disability benefits 18 PART 6--STATE SUPERANNUATION ACT 1988 19 20 Amendment of section 34--Pension entitlement on retirement through disability 19 21 Amendment of section 53--Benefit on death of new scheme member before retirement 19 22 Amendment of section 54--Benefit on retirement through disability 20 PART 7--TRANSPORT SUPERANNUATION ACT 1988 22 23 Amendment of section 30--Benefit on death before retirement 22 24 Amendment of section 31--Benefit on retirement through disability 22 PART 8--REPEAL OF AMENDING ACT 24 25 Repeal of amending Act 24 ENDNOTES 25 571029B.I-20/8/2013 ii BILL LA INTRODUCTION 20/8/2013

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Superannuation Legislation Amendment Bill 2013 A Bill for an Act to amend the Emergency Services Superannuation Act 1986, the Parliamentary Salaries and Superannuation Act 1968, the State Employees Retirement Benefits Act 1979, the State Superannuation Act 1988 and the Transport Superannuation Act 1988, to repeal The Constitution Act Amendment Act 1958 and the Parliamentary Contributory Superannuation Act 1962 and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purpose The purpose of this is to-- (a) make miscellaneous amendments to 5 specified Superannuation Acts to improve the operation of those Acts; and 571029B.I-20/8/2013 1 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 1--Preliminary s. 2 (b) repeal The Constitution Act Amendment Act 1958 and the Parliamentary Contributory Superannuation Act 1962 which are spent Acts. 5 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 July 2014, it comes into 10 operation on that day. __________________ 571029B.I-20/8/2013 2 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 2--Emergency Services Superannuation Act 1986 s. 3 PART 2--EMERGENCY SERVICES SUPERANNUATION ACT 1986 Division 1--General amendments 3 Amendment of section 3(1)--definition of nominee 5 substituted In section 3(1) of the Emergency Services See: Act No. Superannuation Act 1986, for the definition of 94/1986. nominee substitute-- Reprint No. 7 as at 1 January "nominee, in relation to a deceased contributor or 2011. 10 former contributor, means-- LawToday: www. (a) any person nominated by the legislation. vic.gov.au contributor as a nominated personal representative under section 20N(1); or (b) any person deemed to be a contributor's 15 nominated personal representative under section 20N(3); or (c) any person over the age of 18 years who is not in the opinion of the Board a full-time student and to whom the 20 contributor has been the natural or adoptive parent;". 4 Amendment of section 8--Vacancies on Board In section 8(1)(e) of the Emergency Services Superannuation Act 1986, for "Governor in 25 Council" substitute "Minister". 5 Amendment of section 13--Chief Executive Officer For sections 13(2) to (5) of the Emergency Services Superannuation Act 1986 substitute-- "(2) The Chief Executive Officer is to be 30 appointed by the Board with the approval of the Minister. 571029B.I-20/8/2013 3 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 2--Emergency Services Superannuation Act 1986 s. 6 (3) Subject to this section, the terms and conditions of appointment of the Chief Executive Officer are to be determined by the Board with the approval of the 5 Minister.". 6 Amendment of section 20B--Membership After section 20B(4) of the Emergency Services Superannuation Act 1986 insert-- "(5) A contributor may cease membership of the 10 Scheme at any time after attaining the age of 65 years.". 7 Amendment of section 20E--Death of contributor or police recruit (1) In section 20E(1) of the Emergency Services 15 Superannuation Act 1986, for "Upon" substitute "Subject to subsection (7A), upon". (2) In section 20E(2) of the Emergency Services Superannuation Act 1986, for "Upon" substitute "Subject to subsection (7A), upon". 20 (3) In section 20E(4) of the Emergency Services Superannuation Act 1986, for "Where" substitute "Subject to subsection (7A), where". (4) In section 20E(5) of the Emergency Services Superannuation Act 1986, for "If" substitute 25 "Subject to subsection (7A), if". (5) In section 20E(6) of the Emergency Services Superannuation Act 1986, for "On" substitute "Subject to subsection (7A), on". (6) After section 20E(7) of the Emergency Services 30 Superannuation Act 1986 insert-- "(7A) Subject to any specified standards, if the contributor or police recruit has given the Board a notice in the form approved by the Board, the Board must pay the death benefit 571029B.I-20/8/2013 4 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 2--Emergency Services Superannuation Act 1986 s. 8 in respect of the contributor or police recruit that is payable under this section in accordance with the notice.". 8 Amendment of section 20F--Disability of 5 contributor or police recruit After section 20F(22) of the Emergency Services Superannuation Act 1986 insert-- "(23) Despite anything to the contrary in this section, a former contributor or former police 10 recruit may at any time within the period of 6 years from the date on which they ceased employment apply to the Board for the payment of a benefit under this section on the ground that they were suffering from 15 disability at the time they ceased employment irrespective of whether the former contributor or former police recruit had made a statement under section 20K(1) at the time that they ceased employment. 20 (24) For the purposes of subsection (23), a reference in this section to the contributor terminating service is to be construed as a reference to the contributor ceasing employment.". 25 9 Section 20N substituted--Nominated personal representatives For section 20N of the Emergency Services Superannuation Act 1986 substitute-- "20N Nominated personal representatives 30 (1) A contributor may nominate any natural person as a nominated personal representative for the purposes of this Part. 571029B.I-20/8/2013 5 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 2--Emergency Services Superannuation Act 1986 s. 10 (2) The nomination must be made in a manner determined by the Board. (3) A contributor's-- (a) natural and adoptive parents; and 5 (b) siblings (whether or not they are related by blood to the contributor)-- are deemed to be a contributor's nominated personal representatives for the purposes of this Part. 10 (4) A nomination made under this section as in force before the commencement of section 9 of the Superannuation Legislation Amendment Act 2013 continues to have effect as if it were made under this section as 15 in force after that commencement.". 10 Amendment of section 20O--Death benefit when no dependants (1) In section 20O(1) of the Emergency Services Superannuation Act 1986, after "Part" insert 20 ", other than section 20E(7A),". (2) In section 20O(2) of the Emergency Services Superannuation Act 1986, for "legal personal representatives" substitute "nominated personal representatives". 25 11 Amendment of section 20P--Payment of benefits in case of multiple claimants In section 20P(1) of the Emergency Services Superannuation Act 1986, for "If" substitute "Subject to section 20E(7A), if". 571029B.I-20/8/2013 6 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 2--Emergency Services Superannuation Act 1986 s. 12 Division 2--Transfer of Parliamentary Contributory Superannuation Fund 12 Amendment of section 3--Definitions In section 3(1) of the Emergency Services 5 Superannuation Act 1986-- (a) in the definition of eligible beneficiary after "this Act" insert "or Part 3 of the Parliamentary Salaries and Superannuation Act 1968"; 10 (b) in the definition of Superannuation Act, after paragraph (a) insert-- "(ab) Part 3 of the Parliamentary Salaries and Superannuation Act 1968;"; (c) insert the following definition-- 15 "Parliamentary Contributory Superannuation Fund means the Parliamentary Contributory Superannuation Fund established and kept under Part 3 of the Parliamentary 20 Salaries and Superannuation Act 1968 and as in existence immediately before the commencement of section 12 of the Superannuation Legislation Amendment Act 2013;". 25 13 Amendment of section 4--Application of Act After section 4(9) of the Emergency Services Superannuation Act 1986 insert-- "(10) For the avoidance of doubt, despite the transfer of the Parliamentary Contributory 30 Superannuation Fund, a member of the Parliament of Victoria who under Part 3 of the Parliamentary Salaries and Superannuation Act 1968 is entitled to be a member of the Scheme cannot become a 35 member of the ESSPLAN Scheme.". 571029B.I-20/8/2013 7 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 2--Emergency Services Superannuation Act 1986 s. 14 14 New Part 4AC inserted After Part 4AB of the Emergency Services Superannuation Act 1986 insert-- "PART 4AC--TRANSFER OF THE 5 PARLIAMENTARY CONTRIBUTORY SUPERANNUATION FUND AND RELATED MATTERS 22DN Definitions In this Part-- 10 commencement day means the day on which section 14 of the Superannuation Legislation Amendment Act 2013 comes into operation; Parliamentary Trustee means the Parliamentary 15 Trustee established under the Parliamentary Salaries and Superannuation Act 1968 as in force immediately before the commencement day; specified date means the end of the day 20 immediately before the commencement day. 22DO Transfer of assets and liabilities of the Parliamentary Contributory Superannuation Fund (1) On the commencement day, the assets and 25 liabilities of the Parliamentary Contributory Superannuation Fund are by virtue of this section transferred to the Scheme and form part of the Scheme. (2) On and after the commencement day-- 30 (a) deductions from the salaries of members and any other money received or recovered by the Board under Part 3 of the Parliamentary Salaries and 571029B.I-20/8/2013 8 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 2--Emergency Services Superannuation Act 1986 s. 14 Superannuation Act 1968 are to be paid into the Scheme; (b) the benefits provided for in Part 3 of the Parliamentary Salaries and 5 Superannuation Act 1968 are to be paid out of the Scheme; (c) the costs of administering that Act are to be paid out of the Scheme. (3) The transfer effected by this section does not 10 affect the benefits and entitlements conferred or the duties and obligations imposed under Part 3 of the Parliamentary Salaries and Superannuation Act 1968. 22DP Board is successor in law 15 (1) On the commencement day-- (a) the Board is the successor in law of the Parliamentary Trustee; (b) the Parliamentary Trustee ceases to exist and the trustees go out of office. 20 (2) If, immediately before the commencement day, proceedings in respect of the Parliamentary Contributory Superannuation Fund to which the Parliamentary Trustee was a party were pending or existing in any court 25 or tribunal, then, on and after that commencement, the Board is substituted for the Parliamentary Trustee as a party to the proceedings and has the same rights and obligations in the proceedings as the 30 Parliamentary Trustee. 571029B.I-20/8/2013 9 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 2--Emergency Services Superannuation Act 1986 s. 14 (3) If, immediately before the commencement day, proceedings in respect of which the Parliamentary Trustee was a party were pending or existing in any court or tribunal, 5 then, on and after that commencement, the Board is substituted for the Parliamentary Trustee as a party to the proceedings and has the same rights and obligations in the proceedings as the Parliamentary Trustee. 10 (4) On and after the commencement day, any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the Parliamentary Trustee is to be construed as a reference to 15 the Board, unless the contrary intention appears. 22DQ Exemption from stamp duty or other tax No stamp duty or other tax is payable under any Act in respect of anything done under 20 this Part. 22DR Transitional provision--Registrar of Titles The Registrar of Titles, on being requested to do so and on delivery of any relevant 25 certificate of title or instrument, must make any amendments in the Register that are necessary because of the operation of this Part. 22DS Actuarial investigation 30 (1) The Board must appoint an actuary to make an actuarial investigation as to the state and sufficiency of the Parliamentary Contributory Superannuation Fund as at the specified date. 571029B.I-20/8/2013 10 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 2--Emergency Services Superannuation Act 1986 s. 14 (2) The actuary must certify in the actuarial investigation the amount that is required to be paid to the Scheme in the financial years ending 30 June 2014 and 30 June 2015 in 5 addition to the other assets and income of the Parliamentary Contributory Superannuation Fund to enable the liability for benefits provided for in Part 3 of the Parliamentary Salaries and Superannuation Act 1968 and 10 the costs of administering that Act to be met. (3) The Board must submit the actuary's report of the investigation to the Minister within the period of 6 months after the specified date. (4) The Minister must cause the actuary's report 15 submitted to the Minister under subsection (3) 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 20 Assembly, as the case may be, after the actuary's report has been received by the Minister. (5) The Treasurer may pay from the Consolidated Fund into the Scheme the 25 amounts determined under subsection (2). (6) The Consolidated Fund is to the necessary extent appropriated accordingly. 22DT Scheme may be supplemented by Consolidated Fund 30 If the actuary certifies in an actuarial investigation under section 19 that the amount to the credit of the Scheme held in respect of the benefits provided for in Part 3 of the Parliamentary Salaries and 35 Superannuation Act 1968 and the costs of administering that Act is insufficient to meet 571029B.I-20/8/2013 11 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 2--Emergency Services Superannuation Act 1986 s. 14 that liability, money may be applied out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) to meet the amount of that 5 insufficiency as certified by the actuary. __________________". __________________ 571029B.I-20/8/2013 12 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 3--Repeal of Spent Acts s. 15 PART 3--REPEAL OF SPENT ACTS 15 Repeals (1) The Constitution Act Amendment Act 1958 is See: Act No. repealed. 6224. Reprint No. 9 as at 1 September 2002 and amending Act Nos 78/2004 and 108/2004. LawToday: www. legislation. vic.gov.au 5 (2) The Parliamentary Contributory See: Act No. Superannuation Act 1962 is repealed. 6968. Reprint No. 2 as at 22 December 1993 and amending Act No. 78/2004. LawToday: www. legislation. vic.gov.au __________________ 571029B.I-20/8/2013 13 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 4--Parliamentary Salaries and Superannuation Act 1968 s. 16 PART 4--PARLIAMENTARY SALARIES AND SUPERANNUATION ACT 1968 16 Consequential amendments See: (1) In section 7A(6) of the Parliamentary Salaries Act No. 5 7723. and Superannuation Act 1968 for Reprint No. 10 "Parliamentary Contributory Superannuation as at 10 September Fund" substitute "Scheme under Part 3". 2010 and (2) In section 7E(1)(a) of the Parliamentary Salaries amending Act Nos and Superannuation Act 1968 for "to whom 10 41/2007, Division 3 or 4 of Part 3 applies" substitute 4/2009, 13/2010, "of the Scheme under Part 3". 40/2010, 37/2011, (3) In the heading to Part 3 of the Parliamentary 46/2011, Salaries and Superannuation Act 1968 for 34/2012 and 37/2013. "PARLIAMENTARY CONTRIBUTORY 15 LawToday: SUPERANNUATION FUND" substitute www. legislation. "THE SCHEME". vic.gov.au (4) In section 10(1) of the Parliamentary Salaries and Superannuation Act 1968 the definitions of Fund, secretary and trustee are repealed. 20 (5) In section 10(1) of the Parliamentary Salaries and Superannuation Act 1968 insert the following definitions-- "Board means the Emergency Services Superannuation Board established under 25 section 5 of the Emergency Services Superannuation Act 1986; Scheme means the Scheme established under section 15 of the Emergency Services Superannuation Act 1986;". 30 (6) In section 10(1) of the Parliamentary Salaries and Superannuation Act 1968, in the definition of net earning rate for "Fund" (wherever occurring) substitute "Scheme". 571029B.I-20/8/2013 14 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 4--Parliamentary Salaries and Superannuation Act 1968 s. 16 (7) In sections 10, 10A, 10B, 17, 18, 18AA, 18A, 18B, 21A, 21B, 21C, 21CB, 21CC, 21CD, 21CE, 21CG, 23, 23A, 24, 24A, 24B, 24C, 24D, 24E and 24F of the Parliamentary Salaries and 5 Superannuation Act 1968 for "Parliamentary Trustee" (wherever occurring) substitute "Board". (8) Sections 11, 11A, 11B, 11C, 12 and 13 of the Parliamentary Salaries and Superannuation Act 1968 are repealed. 10 (9) In sections 15(1A), 18B(2), 21B, 21CC(3), (4), 21CE, 23(1), (2), 24A and 24D(1) of the Parliamentary Salaries and Superannuation Act 1968 for "Fund" (wherever occurring) substitute "Scheme". 15 (10) In the heading to section 18AA of the Parliamentary Salaries and Superannuation Act 1968 for "Parliamentary Trustee's" substitute "Board's". (11) In section 21CA of the Parliamentary Salaries 20 and Superannuation Act 1968, in the definition of value of the member spouse's interest in the Fund for "Fund" substitute "Scheme". (12) Insert the following heading to section 24A of the Parliamentary Salaries and Superannuation 25 Act 1968-- "Money owing to the Scheme". (13) Insert the following heading to section 24B of the Parliamentary Salaries and Superannuation Act 1968-- 30 "Person may request Board to reconsider decision". 571029B.I-20/8/2013 15 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 4--Parliamentary Salaries and Superannuation Act 1968 s. 16 (14) In sections 24B(5) and 24D(4) of the Parliamentary Salaries and Superannuation Act 1968 for "Parliamentary Trustee's" substitute "Board's". __________________ 571029B.I-20/8/2013 16 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 5--State Employees Retirement Benefits Act 1979 s. 17 PART 5--STATE EMPLOYEES RETIREMENT BENEFITS ACT 1979 17 Amendment of section 39--Amount of lump sum and pension on retirement 5 (1) In section 39(1) of the State Employees See: Act No. Retirement Benefits Act 1979, for "and (3)" 9363. substitute ", (2A) and (3)". Reprint No. 7 as at 10 September (2) For section 39(2) of the State Employees 2009 Retirement Benefits Act 1979 substitute-- and amending 10 "(2) Benefits payable to a member who retires Act Nos 4/2009, after the age of 75 years are to be calculated 13/2010, as though the member had retired on 40/2010, 78/2010 and their 75th birthday, but interest is payable 29/2011. on the lump sum from the date of their LawToday: www. 15 75th birthday until the date of the member's legislation. retirement at a rate determined actuarially. vic.gov.au (2A) Benefits payable to a member who retires after the permitted contributions age are to be calculated as though the member had 20 retired on the date they attained the permitted contributions age, but interest is payable on the lump sum from the date they attained the permitted contributions age until the date of the member's retirement at a rate determined 25 actuarially. (2B) In subsection (2A), permitted contributions age means the age up to which Commonwealth superannuation law permits contributions to be made on behalf of a 30 member.". 571029B.I-20/8/2013 17 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 5--State Employees Retirement Benefits Act 1979 s. 18 18 Amendment of section 53--Disability benefits At the end of section 53 of the State Employees Retirement Benefits Act 1979 insert-- "(2) A member who ceases employment after the 5 commencement of section 18 of the Superannuation Legislation Amendment Act 2013 may at any time within the period of 6 years from the date on which they cease employment apply to the Board for the 10 payment of disability benefits in accordance with this Part.". 19 Amendment of section 54--Board to make determination as to entitlement to disability benefits In section 54(1) of the State Employees 15 Retirement Benefits Act 1979 after "grounds of disability" insert "or under section 53(2),". __________________ 571029B.I-20/8/2013 18 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 6--State Superannuation Act 1988 s. 20 PART 6--STATE SUPERANNUATION ACT 1988 20 Amendment of section 34--Pension entitlement on retirement through disability After section 34(7) of the State Superannuation See: Act No. 5 Act 1988 insert-- 50/1988. Reprint No. 7 "(8) A revised scheme member who ceases as at 10 September employment after the commencement of 2009 section 20 of the Superannuation and amending Legislation Amendment Act 2013 may at Act Nos 10 any time within the period of 6 years from 4/2009, 13/2010, the date on which they cease employment 40/2010, apply to the Board for the payment of a 78/2010 and 28/2013. pension in accordance with this section. LawToday: www. (9) For the purposes of subsection (8), a legislation. 15 reference in this section to the retirement of vic.gov.au the revised scheme member is to be construed as a reference to the revised scheme member ceasing employment.". 21 Amendment of section 53--Benefit on death of new 20 scheme member before retirement (1) In section 53(3) of the State Superannuation Act 1988, for "On" substitute "Unless subsection (8A) applies, on". (2) In section 53(4) of the State Superannuation Act 25 1988, for "Subject" substitute "Unless subsection (8A) applies, subject". (3) In section 53(4A) of the State Superannuation Act 1988, for "On" substitute "Unless subsection (8A) applies, on". 30 (4) In section 53(5) of the State Superannuation Act 1988, for "On" substitute "Unless subsection (8A) applies, on". (5) In section 53(5A) of the State Superannuation Act 1988, for "If" substitute "Unless subsection 35 (8A) applies, if". 571029B.I-20/8/2013 19 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 6--State Superannuation Act 1988 s. 22 (6) In section 53(6) of the State Superannuation Act 1988, for "On" substitute "Unless subsection (8A) applies, on". (7) In section 53(7) of the State Superannuation Act 5 1988, for "If" substitute "Unless subsection (8A) applies, if". (8) In section 53(8) of the State Superannuation Act 1988, for "The" substitute "Subject to subsection (8A), the". 10 (9) After section 53(8) of the State Superannuation Act 1988 insert-- "(8A) Subject to any specified standards, if the new scheme member has given the Board a notice in the form approved by the Board, the 15 Board must pay the death benefit in respect of the new scheme member that is payable under this section in accordance with the notice.". 22 Amendment of section 54--Benefit on retirement 20 through disability After section 54(4) of the State Superannuation Act 1988 insert-- "(5) A new scheme member who ceases employment after the commencement of 25 section 22 of the Superannuation Legislation Amendment Act 2013 may at any time within the period of 6 years from the date on which they cease employment apply to the Board for the payment of a 30 pension in accordance with this section. 571029B.I-20/8/2013 20 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 6--State Superannuation Act 1988 s. 22 (6) For the purposes of subsection (5), a reference in this section to the retirement of the new scheme member is to be construed as a reference to the new scheme member 5 ceasing employment.". __________________ 571029B.I-20/8/2013 21 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 7--Transport Superannuation Act 1988 s. 23 PART 7--TRANSPORT SUPERANNUATION ACT 1988 23 Amendment of section 30--Benefit on death before retirement See: (1) In section 30(1) of the Transport Act No. 5 33/1988. Superannuation Act 1988, for "On" substitute Reprint No. 6 "Unless subsection (5A) applies, on". as at 4/2009, 13/2010, (2) In section 30(2) of the Transport 40/2010 and Superannuation Act 1988, for "On" substitute 78/2010. LawToday: "Unless subsection (5A) applies, on". www. 10 legislation. (3) In section 30(2A) of the Transport vic.gov.au Superannuation Act 1988, for "If" substitute "Unless subsection (5A) applies, if". (4) In section 30(3) of the Transport Superannuation Act 1988, for "If" substitute 15 "Unless subsection (5A) applies, if". (5) In section 30(5) of the Transport Superannuation Act 1988, for "The" substitute "Subject to subsection (5A), the". (6) After section 30(5) of the Transport 20 Superannuation Act 1988 insert-- "(5A) Subject to any specified standards, if the member has given the Board a notice in the form approved by the Board, the Board must pay the death benefit in respect of the 25 member that is payable under this section in accordance with the notice.". 24 Amendment of section 31--Benefit on retirement through disability After section 31(5) of the Transport 30 Superannuation Act 1988 insert-- "(6) A person who ceases employment after the commencement of section 24 of the Superannuation Legislation Amendment Act 2013 may at any time within the period 571029B.I-20/8/2013 22 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 7--Transport Superannuation Act 1988 s. 24 of 6 years from the date on which they cease employment apply to the Board for the payment of a benefit under this section. (7) For the purposes of subsection (6), a 5 reference in this section to the retirement of the person is to be construed as a reference to the person ceasing employment.". __________________ 571029B.I-20/8/2013 23 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Part 8--Repeal of Amending Act s. 25 PART 8--REPEAL OF AMENDING ACT 25 Repeal of amending Act This Act is repealed on 1 July 2015. Note 5 The repeal of this Act does not affect the continuing operation of the amendments or repeals made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 571029B.I-20/8/2013 24 BILL LA INTRODUCTION 20/8/2013

 


 

Superannuation Legislation Amendment Bill 2013 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571029B.I-20/8/2013 25 BILL LA INTRODUCTION 20/8/2013

 


 

 


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