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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
PUBLIC SECTOR SUPERANNUATION REFORM
BILL 2016
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Meaning of salary
5. Act binds Crown
PART 2 - SUPERANNUATION COMMISSION
Division 1 - Superannuation Commission
6. Superannuation Commission
7. Membership of Commission
8. Acting member of Commission
Division 2 - Functions and powers
9. Functions and powers of Commission
10. Duties of Commission
11. Investment strategies of Commission
12. Delegation
Division 3 - Miscellaneous
13. Disclosure of interest
14. Staff of Commission
[Bill 3]-XI
15. Commission may engage administrators, consultants &c.
16. Judicial notice
17. Liability of Commission
PART 3 - TRANSITIONAL ROLE OF BOARD AND COMMISSION
18. Composition of Board in transitional period
19. Functions of Board and Commission in transitional period
PART 4 - DEFAULT FUNDS
Division 1 - Nomination of default funds
20. Default fund
21. Employer contributions to be made to default fund if no chosen
fund elected by employee
Division 2 - Transfer of assets and members to initial default fund
22. Transfer to initial default fund of existing members and related
assets
23. Effect of transfer
24. Part not to be taken to prevent choice of fund
PART 5 - CONTRIBUTORY SCHEME
Division 1 - Commission to administer and manage Fund and contributory
scheme
25. Functions of Commission after transfer date
26. Transfer of property of Board records &c.
Division 2 - Fund
27. Continuation of Retirement Benefits Fund
28. Power to establish subfunds
29. Actuarial investigation of Fund
Division 3 - Contributory scheme
30. Closure under Public Sector Superannuation Reform Act 1999 of
contributory scheme remains in effect
31. Members of boards not entitled to be members of contributory
scheme
32. Membership of contributory scheme by reason of 2 or more
positions or capacities
2
33. Application of Commonwealth superannuation principles
PART 6 - CONTINUATION OF CERTAIN SCHEMES
Division 1 - Tasmanian Ambulance Service Superannuation Scheme
34. Interpretation
35. TASS Trust Deed continues in force and remains binding
36. Contents of TASS Trust Deed
37. Amendment or revocation and substitution of TASS Trust Deed
38. Continued scheme
39. Transitional matters in relation to continued scheme
40. Certain determinations, &c., to continue to have effect
41. Guarantee by Minister
Division 2 - State Fire Commission Superannuation Scheme
42. Interpretation
43. Trust Deed continues in force and remains binding
44. Contents of Trust Deed
45. Amendment or revocation and substitution of Trust Deed
46. Continued scheme
47. Transitional matters in relation to continued scheme
48. Certain determinations, &c., to continue to have effect
49. Guarantee by Minister
PART 7 - MISCELLANEOUS
50. Actuary
51. Employer contributions to chosen fund
52. Certain references in industrial awards
53. Transitional provisions in relation to certain RBF employees
54. Appropriation and Minister's guarantee
55. Annual reports
56. Notices are not statutory rules
57. Regulations generally
58. Regulations may contain transitional matters
3
59. Regulations may provide for cases of relationship breakdown
60. Transitional and savings provisions relating to repeal of
Retirement Benefits Act 1993
61. Savings in relation to TGIO Reserve Account
62. Administration of Act
63. Legislation repealed
SCHEDULE 1 - MEMBERSHIP OF COMMISSION
SCHEDULE 2 - MEETINGS OF THE COMMISSION
SCHEDULE 3 - SAVINGS PROVISIONS IN RELATION TO CERTAIN
RBF EMPLOYEES
SCHEDULE 4 - LEGISLATION REPEALED
4
PUBLIC SECTOR SUPERANNUATION REFORM
BILL 2016
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
5 April 2016
(Brought in by the Treasurer, the Honourable Peter Carl
Gutwein)
A BILL FOR
An Act to reform the administration of public sector
superannuation, to repeal certain enactments relating to
public sector superannuation, and for related purposes
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Public Sector
Superannuation Reform Act 2016.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 3] 5
Public Sector Superannuation Reform Act 2016
Act No. of
s. 3 Part 1 - Preliminary
3. Interpretation
(1) In this Act -
Actuary means the person or organisation
appointed to be the Actuary under
section 50;
Agency means -
(a) a State Service Agency; and
(b) a statutory authority, or other
organisation, that is not a State
Service Agency and that is
prescribed in regulations for the
purposes of this paragraph; and
(c) a State-owned company; and
(d) a body or person carrying on an
industry or undertaking for or on
behalf of the State, unless the
body or person is, under the
regulations, exempt from the
application of this Act; and
(e) a House of Parliament; and
(f) a seconding employer; and
(g) the Office of the Governor; and
(h) the Legislature-General; and
(i) the State Fire Commission; and
(j) Ambulance Tasmania;
6
Public Sector Superannuation Reform Act 2016
Act No. of
Part 1 - Preliminary s. 3
Agency manager means, in relation to an
Agency that is -
(a) a State Service Agency - the
Head of the State Service
Agency; or
(b) a Government Business
Enterprise - a chief executive
officer within the meaning of the
Government Business Enterprises
Act 1995; or
(c) a statutory authority, or other
organisation, that is not a State
Service Agency and that is
prescribed for the purposes of the
definition of Agency - the
controlling authority of the
statutory authority or
organisation; or
(d) a State-owned company - a chief
executive officer, by whatever
name called, of the State-owned
company; or
(e) a body or person carrying on an
industry or undertaking for or on
behalf of the State - the
controlling authority of the body
or person; or
(f) a House of Parliament - the
Speaker of the House of
Assembly in Tasmania and the
7
Public Sector Superannuation Reform Act 2016
Act No. of
s. 3 Part 1 - Preliminary
President of the Legislative
Council in Tasmania; or
(g) a seconding employer - a chief
executive officer, by whatever
name called, of the seconding
employer; or
(h) the Office of the Governor - the
Official Secretary; or
(i) the Legislature-General - the
Speaker of the House of
Assembly in Tasmania and the
President of the Legislative
Council in Tasmania; or
(j) the State Fire Commission - the
Chief Officer of the State Fire
Commission; or
(k) Ambulance Tasmania - the
Commission of Ambulance
Services;
Ambulance member means a person
appointed or employed under the State
Service Act 2000 to perform functions for
the purposes of the Ambulance Service
Act 1982;
Board means the Retirement Benefits Fund
Board continued in existence by section 7
of the Retirement Benefits Act 1993;
8
Public Sector Superannuation Reform Act 2016
Act No. of
Part 1 - Preliminary s. 3
chairperson of the Commission means the
person appointed to be the chairperson of
the Commission under section 7(3);
Commission means the Commission
established under section 6;
complying superannuation scheme means a
superannuation scheme that is a
complying superannuation fund for the
purposes of the SIS Act;
contributory scheme means the
superannuation arrangements to which
the regulations relate;
default fund means a superannuation fund
that is nominated under section 20(1) to
be a default fund;
employee means a person who is employed in
any position or capacity as a State
Service officer or State Service employee
or by an Agency and includes -
(a) a police officer, trainee and junior
constable as defined in the Police
Service Act 2003; and
(b) a Fire Service member who is
first appointed or employed on or
after 1 July 2005; and
(c) a Fire Service member appointed
before 1 July 2005 who is not a
member of the superannuation
scheme continued by the Trust
9
Public Sector Superannuation Reform Act 2016
Act No. of
s. 3 Part 1 - Preliminary
Deed in force under section 4 of
the Retirement Benefits (State
Fire Commission Superannuation
Scheme) Act 2005; and
(d) an Ambulance member who is
first appointed or employed on or
after 30 June 2006; and
(e) an Ambulance member appointed
before 30 June 2006 who is not a
member of the superannuation
scheme continued by the Trust
Deed in force under section 4 of
the Retirement Benefits
(Tasmanian Ambulance Service
Superannuation Scheme) Act
2006; and
(f) a member of a board; and
(g) a person who holds an office
under a provision of an Act that
specifies that the holder of the
office is an employee for the
purposes of this Act;
Fire Service member means a person
appointed or employed under the State
Service Act 2000 to perform functions for
the purposes of the Fire Service Act
1979;
functions includes duties;
Fund means the Retirement Benefits Fund
continued in existence under section 27
10
Public Sector Superannuation Reform Act 2016
Act No. of
Part 1 - Preliminary s. 3
and includes all money received by the
Commission and all subfunds, accounts,
investments, policies of insurance and
other assets in which that money is from
time to time invested;
Government Business Enterprise means a
Government Business Enterprise within
the meaning of the Government Business
Enterprises Act 1995;
House of Parliament means either the House
of Assembly or the Legislative Council;
initial default fund means the first
superannuation fund that is nominated
under section 20(1) to be a default fund;
Investment 12 Account member means -
(a) a person who is declared under
subsection (2) to be an
Investment 12 Account member;
and
(b) a person who is within a class of
persons declared under
subsection (2) to be Investment
12 Account members;
member of a board means a member of a
board of a statutory authority or State-
owned company and includes -
(a) in relation to a statutory
authority - any chief executive
officer, by whatever name called,
11
Public Sector Superannuation Reform Act 2016
Act No. of
s. 3 Part 1 - Preliminary
chairperson, president, director,
deputy, member, or alternate,
substitute or acting member, of
the board, or the governing body,
of the statutory authority; and
(b) in relation to a State-owned
company - a director of the State-
owned company -
but does not include a chief executive
officer, by whatever name called, of a
statutory authority or State-owned
company who, under the terms of his or
her employment, is required to act as a
member of the board of that statutory
authority or State-owned company;
member of the Commission means a member
of the Commission under section 7;
regulations means regulations made under
this Act;
RSA means a retirement savings account
within the meaning of the Retirement
Savings Accounts Act 1997 of the
Commonwealth;
salary, in relation to an employee, has the
meaning it has in section 4;
seconding employer means -
(a) an agency or authority of the
Commonwealth or of another
State or a Territory; or
12
Public Sector Superannuation Reform Act 2016
Act No. of
Part 1 - Preliminary s. 3
(b) a private sector employer,
whether incorporated or not -
which employs an employee in
accordance with a secondment
agreement;
SIS Act means the Superannuation Industry
(Supervision) Act 1993 of the
Commonwealth;
statutory authority means a body or authority,
whether incorporated or not, which is -
(a) established or constituted by or
under an Act; or
(b) established or constituted under
the royal prerogative -
if the body or authority, or the governing
body of the body or authority, wholly or
partly comprises a person or persons
appointed by the Governor, a Minister or
another statutory authority, and includes
the governing body of any such statutory
authority;
successor fund has the meaning it has in
regulation 1.03(1) of the Superannuation
Industry (Supervision) Regulations 1994
of the Commonwealth;
superannuation fund means a regulated
superannuation fund within the meaning
of the SIS Act;
13
Public Sector Superannuation Reform Act 2016
Act No. of
s. 3 Part 1 - Preliminary
Superannuation Guarantee Act means the
Superannuation Guarantee
(Administration) Act 1992 of the
Commonwealth, as amended from time
to time,
Tasmanian Accumulation Scheme means the
Tasmanian Accumulation Scheme
established by the Trust Deed;
transfer assets means the assets of the Fund
that are determined by the Actuary under
section 22(1) to be the transfer assets;
transfer date means the date that is specified,
in the notice under section 20(1) in
relation to the initial default fund, as the
date on which the notice takes effect;
transferring members means all persons who
are members of the Tasmanian
Accumulation Scheme immediately
before the transfer date, other than any
Investment 12 Account member;
Trust Deed means the Trust Deed, approved
under section 7 of the Public Sector
Superannuation Reform Act 1999, as
amended from time to time.
(2) The Board may, before the transfer date, do
either or both of the following:
(a) declare a member to be an Investment 12
Account member;
14
Public Sector Superannuation Reform Act 2016
Act No. of
Part 1 - Preliminary s. 4
(b) declare a class of members to be
Investment 12 Account members.
(3) A reference in this Act to an Agency in which an
employee is employed is -
(a) if the employee holds an office under a
provision of an Act, or regulations, that
specifies that the holder of the office is
an employee for the purposes of this
Act - to be taken to be a reference to the
Agency responsible for the
administration of the Act, or the part of
the Act, in which the provision appears
or under which the provision is made; or
(b) if the employee is, by virtue of
paragraph (f) of the
definition of employee in subsection (1),
an employee for the purposes of this Act
because he or she is a member of a
board - to be taken to be a reference to
the Agency responsible for the
administration of the Act, or the part of
the Act, in or under which the board is
established.
4. Meaning of salary
(1) A reference in this Act to salary, in relation to an
employee, is to be taken as a reference to the
salary or other discretionary benefits that are
paid or payable to the employee, including -
(a) overtime; and
15
Public Sector Superannuation Reform Act 2016
Act No. of
s. 4 Part 1 - Preliminary
(b) allowances; and
(c) bonuses in respect of work; and
(d) lump sum payments in respect of accrued
recreation leave or accrued long service
leave on termination of employment; and
(e) any other payments made on the
termination of employment -
as determined by the Agency in which the
employee is employed, having regard to the
employee's awards and conditions of
employment.
(2) However, a reference to salary in this Act is not
to be taken as including -
(a) any reimbursement of expenses in
respect of travelling or other work-
related expenses; or
(b) dividends; or
(c) benefits, or other payments, subject to
fringe benefits tax under the Fringe
Benefits Tax Assessment Act 1986 of the
Commonwealth; or
(d) any electorate or other allowance paid or
payable, to a person who is a member of
a House of Parliament, in accordance
with Schedule 2 to the Parliamentary
Salaries, Superannuation and
Allowances Act 2012.
16
Public Sector Superannuation Reform Act 2016
Act No. of
Part 1 - Preliminary s. 5
5. Act binds Crown
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
17
Public Sector Superannuation Reform Act 2016
Act No. of
s. 6 Part 2 - Superannuation Commission
PART 2 - SUPERANNUATION COMMISSION
Division 1 - Superannuation Commission
6. Superannuation Commission
(1) The Superannuation Commission is established.
(2) The Commission -
(a) is -
(i) a body corporate with perpetual
succession and has a seal; or
(ii) if a notice under subsection (5)(a)
declaring that the Commission is
a corporation sole is in force - a
corporation sole; and
(b) may sue and be sued in its corporate
name; and
(c) may acquire, hold and dispose of real and
personal property; and
(d) may do all other things that a body
corporate may do and that are necessary
or convenient to be done in relation to
the performance or exercise of the
functions or powers of the Commission
under this or any other Act.
(3) The seal, if any, is to be kept and used as
authorised by the Commission.
18
Public Sector Superannuation Reform Act 2016
Act No. of
Part 2 - Superannuation Commission s. 7
(4) All courts and persons acting judicially must
take judicial notice of the imprint of the seal on a
document and presume that the document was
duly sealed by the Commission.
(5) The Minister may, by notice -
(a) declare that the Commission is a
corporation sole; or
(b) revoke a notice under paragraph (a).
(6) A notice under subsection (5) -
(a) is not a rule for the purposes of the
Subordinate Legislation Act 1992; but
(b) is a rule for the purposes of the Rules
Publication Act 1953.
7. Membership of Commission
(1) The Commission consists of the person, or
persons, appointed by the Treasurer under
subsection (2).
(2) The Treasurer may appoint up to 3 persons to be
members of the Commission.
(3) The Treasurer is to appoint a member of the
Commission as the chairperson of the
Commission.
(4) Schedule 1 has effect in relation to the
membership of the Commission.
19
Public Sector Superannuation Reform Act 2016
Act No. of
s. 8 Part 2 - Superannuation Commission
(5) Schedule 2 has effect in relation to meetings of
the Commission.
(6) If a notice under section 6(5)(a) is in force -
(a) a reference in this Act to the chairperson
of the Commission is to be taken to be a
reference to the single member of the
Commission; and
(b) Schedule 2 ceases to apply in relation to
the Commission; and
(c) any decision or action of the Commission
as a body corporate, and any reference in
a document or proceeding to the
Commission as a body corporate, is to be
taken to have been made or performed
by, or to be a reference to, the
Commission as a corporation sole.
(7) If a notice under section 6(5)(a) is revoked by a
notice under section 6(5)(b), any decision or
action of the Commission as a corporation sole,
and any reference in a document or proceeding
to the Commission as a corporation sole, is to be
taken to have been made or performed by, or to
be a reference to, the Commission as a body
corporate.
8. Acting member of Commission
(1) For the purposes of this section, a member of the
Commission is absent if -
(a) he or she is absent from duty; or
20
Public Sector Superannuation Reform Act 2016
Act No. of
Part 2 - Superannuation Commission s. 8
(b) he or she is disqualified under
section 13(2) from taking part in a
consideration of, or the making of a
decision in relation to, any matter or any
other proceeding of the Commission in
relation to the matter; or
(c) he or she is otherwise incapable of
performing the functions of the office of
member of the Commission; or
(d) section 13(6) applies.
(2) The Treasurer may appoint a person to act as a
member of the Commission during any
particular, or every, period during which the
member of the Commission is absent.
(3) Except if section 7(6)(a) applies in relation to a
person, the appointment of a person under
subsection (2) to act in the office of the member
of the Commission who is its chairperson is not
an appointment to act in the office of
chairperson.
(4) The appointment of a person under
subsection (2) is subject to, and has effect in
accordance with, the terms and conditions
(including remuneration and allowances)
specified in the person's instrument of
appointment.
(5) If a vacancy, within the meaning of clause 5 of
Schedule 1, occurs in the office of a member of
the Commission while a person appointed under
subsection (2) is acting in the office of that
member, that person may continue to act in the
21
Public Sector Superannuation Reform Act 2016
Act No. of
s. 9 Part 2 - Superannuation Commission
office of that member until the first of the
following happens:
(a) the period of 6 months commencing on
the day on which the vacancy occurs
ends;
(b) the Treasurer appoints a person to that
vacant office under section 7(2) or
clause 6 of Schedule 1;
(c) the office in which the person is acting is
vacated on the grounds specified in
clause 5(2)(f) of Schedule 1.
(6) Anything done by or in relation to a person
purporting to act as a member of the
Commission is not invalid merely because -
(a) there is a defect or irregularity in relation
to the appointment of that person; or
(b) the occasion or the appointment of that
person has not arisen; or
(c) the appointment of that person has
ceased to have effect; or
(d) the occasion for that person to act as a
member of the Commission has not
arisen or has ceased.
22
Public Sector Superannuation Reform Act 2016
Act No. of
Part 2 - Superannuation Commission s. 9
Division 2 - Functions and powers
9. Functions and powers of Commission
(1) The Commission has the functions conferred on
it by or under this Act, the regulations and any
other Act.
(2) The Commission has the powers necessary,
desirable, or convenient, to perform its
functions.
10. Duties of Commission
In the administration of this Act, the
Commission -
(a) must not disclose information, the
disclosure of which might adversely
affect the financial position, or the
commercial or other operations, of the
Commission; and
(b) must, after the transfer date, exercise a
fiduciary responsibility over all the
assets, investments and property of the
Commission and the Fund; and
(c) must have regard to the superannuation
and employment policies of the
Government; and
(d) must take possession of all money, and
other property, vested in the Commission
under this Act.
23
Public Sector Superannuation Reform Act 2016
Act No. of
s. 11 Part 2 - Superannuation Commission
11. Investment strategies of Commission
(1) The Commission is, in determining the
investment strategy in relation to the Fund, to
have regard to any guidelines, in relation to
investments, issued by the Treasurer.
(2) The Commission is to inform the Treasurer of
the proposed investment strategy in relation to
the Fund that the Commission proposes to make.
(3) The Commission is not subject to the direction
of any Minister or other person in relation to any
decision to be made by the Commission in
relation to the investment strategy of the Fund or
any particular investment of the Fund.
12. Delegation
The Commission may delegate to a member of
staff of the Commission, or a person or
organisation engaged on contract under this Act,
any of the Commission's functions or powers -
(a) under this or any other Act; or
(b) any instrument having effect under this
or any other Act -
other than this power of delegation.
24
Public Sector Superannuation Reform Act 2016
Act No. of
Part 2 - Superannuation Commission s. 13
Division 3 - Miscellaneous
13. Disclosure of interest
(1) If a person appointed to, or acting in, the office
of a member of the Commission has a direct or
indirect interest (pecuniary or otherwise) in a
matter that is about to be considered by the
person in his or her capacity as a member of the
Commission, the person must disclose the nature
of the interest to the Treasurer as soon as
practicable after the relevant facts come to the
person's knowledge.
(2) Unless the Treasurer otherwise determines, a
person who has made a disclosure under
subsection (1) in relation to a matter must not -
(a) be present during any consideration of,
or the making of a decision in relation to,
the matter under this Act or any other
Act or during any other proceeding in
relation to the matter under this Act or
any other Act; or
(b) take part in any consideration of, or the
making of a decision in relation to, the
matter.
(3) For the purpose of making a decision under
subsection (2), the member of the Commission
to whom the decision relates must not -
(a) be present during any deliberation of the
Commission for the purpose of making
the decision; or
25
Public Sector Superannuation Reform Act 2016
Act No. of
s. 14 Part 2 - Superannuation Commission
(b) take part in making the decision.
(4) Subsection (1) does not apply in respect of an
interest that consists only of the receipt of a
service that -
(a) is also available to members of the
public; and
(b) is made available on the same terms as
apply to members of the public.
(5) A contravention of subsection (1) does not
invalidate any act, proceeding or decision of the
Commission.
(6) If the Commission is a corporation sole and
subsection (2) applies in relation to a matter, the
Treasurer must appoint under section 8(2)
another person to act in the office of the member
of the Commission in relation to the matter.
14. Staff of Commission
(1) The Commission may arrange, with the
Secretary of the Department, for State Service
officers and State Service employees employed
in the Department to be made available to enable
the Commission to perform and exercise its
functions and powers.
(2) On the written request of the Commission, the
Secretary of the Department may arrange, with
another Head of a State Service Agency, for
State Service officers and State Service
employees employed in that Agency to be made
26
Public Sector Superannuation Reform Act 2016
Act No. of
Part 2 - Superannuation Commission s. 15
available to the Commission for the purpose of
enabling the Commission to perform and
exercise the Commission's functions and
powers.
(3) State Service officers and State Service
employees made available under subsection (1)
or (2) may serve the Commission in conjunction
with State Service employment.
(4) All expenses associated with the use by the
Commission of the services of a person referred
to in subsection (1) or (2) are to be met as
determined by the Treasurer.
15. Commission may engage administrators,
consultants &c.
(1) The Commission may engage, or terminate the
engagement of, any administrators, advisers,
agents, contractors, consultants, or other persons
or organisations, in relation to the performance
or exercise of the Commission's functions or
powers or otherwise in the administration of this
Act.
(2) The Commission may pay fees to, or otherwise
remunerate, any administrators, advisers, agents,
contractors, consultants, or other persons or
organisations, engaged under subsection (1).
16. Judicial notice
All courts and persons acting judicially must
take judicial notice of -
27
Public Sector Superannuation Reform Act 2016
Act No. of
s. 17 Part 2 - Superannuation Commission
(a) the official signature of a person who is
or has been a member of the
Commission; and
(b) the fact that the person holds or has held
the office of a member of the
Commission.
17. Liability of Commission
The Commission is not liable for any loss
suffered by a person because of -
(a) an election made by the person under the
regulations; or
(b) an investment decision made by or on
behalf of the Commission; or
(c) an investment choice exercised by the
person; or
(d) an election by the person to become a
member of a complying superannuation
scheme.
28
Public Sector Superannuation Reform Act 2016
Act No. of
Part 3 - Transitional Role of Board and Commission s. 18
PART 3 - TRANSITIONAL ROLE OF BOARD AND
COMMISSION
18. Composition of Board in transitional period
On and from the day on which this section
commences until the day on which the
Retirement Benefits Act 1993 is repealed -
(a) the chairperson of the Commission is to
be taken to be a member of the Board but
sections 9 and 9A of that Act, and
Schedule 1 to that Act, do not apply in
relation to the chairperson as a member
of the Board; and
(b) the Board is to be taken to consist of the
following members:
(i) subject to paragraph (c), the 7
members of whom the Board
consists under section 8 of that
Act;
(ii) the chairperson of the
Commission; and
(c) the Minister, by notice to the Board, may
determine that any vacancy in the Board
is not required to be filled and, if such a
determination is made, the number of
members of the Board referred to in
paragraph (b)(i) is reduced accordingly;
and
29
Public Sector Superannuation Reform Act 2016
Act No. of
s. 19 Part 3 - Transitional Role of Board and Commission
(d) the Minister may, by notice to a member
of the Board, extend the term of the
member's appointment to the Board and,
if such a notice is issued in relation to a
member, Schedule 1 to the Retirement
Benefits Regulations 2005 does not apply
in relation to the member; and
(e) this section applies despite any
inconsistency with a provision of the
Retirement Benefits Act 1993 or the
Retirement Benefits Regulations 2005.
19. Functions of Board and Commission in transitional
period
(1) On and from the commencement of this section
until the day on which the Retirement Benefits
Act 1993 is repealed, the functions of the Board
include taking the action that may be necessary,
or that the Board is directed by the Minister to
take, in preparation for, or in order to effect, a
transfer in compliance with a direction under
section 22.
(2) The Minister may issue to the Board any
direction the Minister thinks is required in
preparation for, or in order to effect, a transfer in
compliance with a direction under section 22.
(3) The Board must comply with a direction given to
it under subsection (2).
(4) If a direction is given under subsection (2) to the
Board, a member of the Board (including the
chairperson of the Commission) or an officer,
30
Public Sector Superannuation Reform Act 2016
Act No. of
Part 3 - Transitional Role of Board and Commission s. 19
employee, or agent, of the Board is indemnified
by the Crown against any liability incurred by
him or her in relation to -
(a) an action taken by him or her in relation
to the direction; or
(b) a failure by him or her to take an action
in relation to the direction -
if he or she took the action in good faith, or
failed in good faith to take the action, in the
belief that taking the action, or failing to take the
action, was necessary or convenient to
implement the direction.
(5) The chairperson of the Commission must, as
soon as practicable after the day on which the
Retirement Benefits Act 1993 is repealed,
prepare and submit to the Minister -
(a) a statement of accounts in relation to the
Fund in respect of so much of the
financial year in which that day occurs as
occurs before the day; and
(b) an annual report in relation to the
performance of the Board and the Fund
during so much of the financial year in
which that day occurs as occurs before
the day.
31
Public Sector Superannuation Reform Act 2016
Act No. of
s. 20 Part 4 - Default Funds
PART 4 - DEFAULT FUNDS
Division 1 - Nomination of default funds
20. Default fund
(1) The Minister, by notice in the Gazette, may
nominate a superannuation fund to be a default
fund on and from the date on which the notice
takes effect.
(2) The Minister, as soon as practicable after the
commencement of this section, must issue a
notice under subsection (1).
(3) The Minister may issue more than one notice
under subsection (1).
(4) The Minister may only nominate under
subsection (1) a superannuation fund to be a
default fund (other than the initial default fund)
with the approval in writing of the Tasmanian
Trades and Labor Council.
(5) A notice under subsection (1) takes effect on a
date, on or after the date on which the notice
appears in the Gazette, that is specified in the
notice as the date on which the notice is to take
effect.
(6) The Minister may only nominate under
subsection (1) a superannuation fund to be a
default fund that will be the initial default fund if
the Minister is satisfied that the fund will be a
successor fund in relation to a transfer of
32
Public Sector Superannuation Reform Act 2016
Act No. of
Part 4 - Default Funds s. 21
members to the superannuation fund from the
Tasmanian Accumulation Scheme.
(7) A notice under subsection (1) may include any
provision necessary or convenient for
consistency with the SIS Act.
(8) The Minister may enter into a contract,
agreement, or arrangement, with a
superannuation fund, under which -
(a) the Crown is required to nominate the
superannuation fund to be a default fund
in a notice under subsection (1); or
(b) the Crown agrees, for a period specified
in the contract, agreement or
arrangement, not to nominate, in a notice
under subsection (1), another
superannuation fund to be a default fund.
21. Employer contributions to be made to default fund
if no chosen fund elected by employee
(1) For the purposes of this section, a person is a
relevant employee in relation to a default fund
if -
(a) where the fund is the initial default fund,
the person is -
(i) a transferring member; or
(ii) an employee appointed or
employed after the transfer date
and before the date, if any, on
33
Public Sector Superannuation Reform Act 2016
Act No. of
s. 21 Part 4 - Default Funds
which another superannuation
fund becomes a default fund; or
(b) where the fund is not the initial default
fund - the person is an employee
appointed or employed after the date on
which the fund becomes a default fund
and before the date, if any, on which the
fund ceases to be a default fund.
(2) If a person who is a relevant employee in
relation to a default fund has not elected a
chosen fund, within the meaning of the
Superannuation Guarantee Act, the Agency
manager of the Agency in which the employee is
employed must -
(a) make, on behalf of the Agency, employer
superannuation contributions, in respect
of that employee, to that default fund;
and
(b) make those contributions in the manner
required by the governing rules of that
default fund.
(3) The rate of employer superannuation
contributions to the default fund in respect of a
relevant employee is to be calculated -
(a) by reference to the salary of the relevant
employee; and
(b) in accordance with the relevant "charge
percentage" specified in section 19 of the
Superannuation Guarantee Act.
34
Public Sector Superannuation Reform Act 2016
Act No. of
Part 4 - Default Funds s. 22
Division 2 - Transfer of assets and members to initial default
fund
22. Transfer to initial default fund of existing members
and related assets
(1) The Actuary must, by notice to the Minister and
the Board, determine the transfer assets, being
the amount of the assets of the Fund that the
Actuary considers represents -
(a) the benefits of the transferring members
immediately before the transfer date; and
(b) the proportion, of the reserves of the
Fund, that relates to the Tasmanian
Accumulation Scheme.
(2) The Minister may, in writing, direct the Board to
transfer to the initial default fund, with effect
from the transfer date -
(a) all transferring members; and
(b) the transfer assets.
(3) If the Board is given a direction under
subsection (2), the Board must -
(a) transfer to the initial default fund, with
effect from the transfer date, all
transferring members; and
(b) transfer to the initial default fund, with
effect from the transfer date, the transfer
assets; and
35
Public Sector Superannuation Reform Act 2016
Act No. of
s. 23 Part 4 - Default Funds
(c) do all things necessary to effect the
transfers.
23. Effect of transfer
(1) This section applies, on and from the transfer
date, if transferring members and transfer assets
are transferred under section 22 to the initial
default fund.
(2) A reference, in any other Act, any instrument
made under any other Act, any contract,
agreement, arrangement or undertaking, or any
document of any kind, including a document to
which a transfer under section 22 relates, to -
(a) the Board; or
(b) any predecessor of the Board -
to the extent to which the reference relates to the
rights or liabilities, before the transfer date, of
the transferring members, or the transfer assets,
is taken to be, or include, a reference to the
Commission.
(3) Any legal, or other, proceedings that -
(a) relate to the Tasmanian Accumulation
Scheme; and
(b) are commenced, before the transfer date,
by or against the Board or a predecessor
of the Board -
are taken to be proceedings commenced by or
against the Commission.
36
Public Sector Superannuation Reform Act 2016
Act No. of
Part 4 - Default Funds s. 24
(4) Any legal, or other, proceedings that -
(a) relate to the Tasmanian Accumulation
Scheme; and
(b) could have been commenced, before the
transfer date, by or against the Board or a
predecessor of the Board -
may be commenced by or against the
Commission.
(5) A judgement or order of a court, or other
tribunal, that is, before the transfer date, obtained
by or against the Board or a predecessor of the
Board may be enforced by or against the
Commission.
(6) Any document, relating to legal or other
proceedings, that has been, before the transfer
date, served on or by the Board, or a predecessor
of the Board, is taken, where appropriate, to
have been served on or by the Commission.
24. Part not to be taken to prevent choice of fund
Nothing in this Part is to be taken to prevent an
employee or a transferring member from electing
to become a member of an RSA or another
complying superannuation scheme.
37
Public Sector Superannuation Reform Act 2016
Act No. of
s. 25 Part 5 - Contributory Scheme
PART 5 - CONTRIBUTORY SCHEME
Division 1 - Commission to administer and manage Fund
and contributory scheme
25. Functions of Commission after transfer date
On and from the transfer date, the Commission
has the following functions:
(a) to administer and manage the Fund in
accordance with this Act and any other
applicable law of the State or the
Commonwealth, for the purpose of
providing benefits on retirement to
members of the contributory scheme, and
their beneficiaries or representatives, in
accordance with this Act and the
regulations;
(b) to provide the Minister with timely and
accurate advice as to the operation of the
contributory scheme.
26. Transfer of property of Board records &c.
(1) In this section -
assets means the assets of the Fund after all
transfers under section 22(3) from the
Fund of assets have taken effect;
former contributory scheme means the
superannuation arrangements established
or continued under -
38
Public Sector Superannuation Reform Act 2016
Act No. of
Part 5 - Contributory Scheme s. 26
(a) the Retirement Benefits Act 1970,
the Retirement Benefits Act 1982
or the Retirement Benefits Act
1993; and
(b) the former regulations in respect
of contributors, as defined in
those Acts and the former
regulations; and
(c) the former regulations in respect
of existing contributors, as
defined in those Acts and the
former regulations.
(2) On and from the transfer date -
(a) the assets of the Fund vest in the
Commission by virtue of this section and
without the need for any further
conveyance, transfer, assignment or
assurance; and
(b) the rights or liabilities of the Board in
relation to the assets become by virtue of
this section the rights or liabilities of the
Commission; and
(c) a reference in any other Act, in any
instrument made under any other Act, in
any contract, agreement, arrangement or
undertaking, or in any document of any
kind, to -
(i) the Board; or
(ii) any predecessor of the Board -
39
Public Sector Superannuation Reform Act 2016
Act No. of
s. 26 Part 5 - Contributory Scheme
to the extent to which the reference
relates to the assets, or the rights or
liabilities, of the Board in relation to the
former contributory scheme, is taken to
be, or include, a reference to the
Commission; and
(d) any legal, or other, proceedings that -
(i) relate to the former contributory
scheme or to assets, rights or
liabilities that are, after the
transfer date, assets, rights or
liabilities of the Commission or
the Fund; and
(ii) are commenced, before the
transfer date, by or against the
Board or a predecessor of the
Board; and
(iii) are pending immediately before
the transfer date -
are taken to be proceedings pending by
or against the Commission; and
(e) any legal, or other, proceedings that -
(i) relate to the former contributory
scheme or to assets, rights or
liabilities that are, after the
transfer date, assets, rights or
liabilities of the Commission or
the Fund; and
40
Public Sector Superannuation Reform Act 2016
Act No. of
Part 5 - Contributory Scheme s. 26
(ii) could have been commenced,
before the transfer date, by or
against the Board or a
predecessor of the Board -
may be commenced by or against the
Commission; and
(f) a judgement or order of a court, or other
tribunal, that -
(i) relates to the assets, rights or
liabilities of the Board or the
Fund in relation to the former
contributory scheme; and
(ii) is obtained before the transfer
date by or against the Board or a
predecessor of the Board -
may be enforced by or against the
Commission; and
(g) any document, relating to legal, or other,
proceedings, that -
(i) relates to the assets, rights or
liabilities of the Board or the
Fund in relation to the former
contributory scheme; and
(ii) has been served on or by the
Board, or a predecessor of the
Board, before the transfer date -
is taken, where appropriate, to have been
served on or by the Commission; and
41
Public Sector Superannuation Reform Act 2016
Act No. of
s. 27 Part 5 - Contributory Scheme
(h) any act, matter or thing done, or omitted
to be done, before the transfer date -
(i) in relation to the assets, rights or
liabilities of the Board or the
Fund in relation to the former
contributory scheme; and
(ii) by, to or in respect of the Board
or a predecessor of the Board -
is (to the extent to which that act, matter
or thing has any force or effect) taken to
have been done, or omitted, by, to or in
respect of the Commission.
Division 2 - Fund
27. Continuation of Retirement Benefits Fund
(1) The Fund continued in existence under section
11 of the Retirement Benefits Act 1993 continues
in existence, after the repeal of that Act, under
the same name.
(2) All contributions, payments, amounts, money
and income payable under the regulations are to
be paid into the Fund.
(3) The Commission must pay out of the Fund all
amounts prescribed by the regulations or as
otherwise required by law.
(4) The Commission and the Fund are liable to
taxation imposed by or under any law of the
State.
42
Public Sector Superannuation Reform Act 2016
Act No. of
Part 5 - Contributory Scheme s. 28
28. Power to establish subfunds
(1) The Commission may establish and maintain
within the Fund the subfunds that, in the opinion
of the Commission, are necessary or convenient
for the administration of this Act.
(2) The Commission must ensure that, in respect of
each subfund established and maintained within
the Fund -
(a) there are separately identifiable assets
and beneficiaries; and
(b) each beneficiary of that subfund has an
interest only in the assets of that subfund
and not in the other assets of the Fund;
and
(c) there is no transfer of assets, benefits or
money between that subfund and another
subfund unless there is a transfer of a
corresponding beneficial interest; and
(d) the insurance and administration costs
levied on that subfund are attributable
only to that subfund.
(3) Without limiting subsection (1), the Commission
may establish separate asset portfolios for each
subfund, comprising assets of the Fund allocated
by the Commission, all of which are to be
invested for the purposes of the Fund.
(4) For the purpose of investment and allocating the
investment earnings of the Fund or for related
purposes, the Commission -
43
Public Sector Superannuation Reform Act 2016
Act No. of
s. 29 Part 5 - Contributory Scheme
(a) may treat 2 or more subfunds as one
subfund; and
(b) may treat one or more subfunds as being
invested as part of one or more asset
portfolios; and
(c) must, if so required, determine the parts
of each subfund which are to be treated
as being invested in one or more asset
portfolios.
29. Actuarial investigation of Fund
The Actuary must undertake the investigations
into the state and sufficiency of the Fund at the
times, and on the conditions, that are prescribed
in the regulations.
Division 3 - Contributory scheme
30. Closure under Public Sector Superannuation Reform
Act 1999 of contributory scheme remains in effect
(1) The contributory scheme does not apply to an
employee appointed or engaged on or after
15 May 1999.
(2) A person who -
(a) was employed in a permanent part-time
capacity in an Agency before
1 July 1994; and
(b) has been continuously employed in an
Agency since that date; and
44
Public Sector Superannuation Reform Act 2016
Act No. of
Part 5 - Contributory Scheme s. 30
(c) has not previously elected to contribute
to a contributory scheme established by
any regulations that were in force under
the Retirement Benefits Act 1993 -
may elect, in writing to the Commission, to
contribute to the contributory scheme, within the
meaning of this Act, on and from the
commencement of the first full pay period
occurring after the election is received by the
Commission.
(3) A person who -
(a) was a married female employee and was
employed in an Agency before
1 July 1982; and
(b) has been continuously employed in an
Agency since that date; and
(c) is not contributing to the contributory
scheme -
may elect, in writing to the Commission, to
contribute to the contributory scheme on and
from the commencement of the first full pay
period occurring after the election is received by
the Commission.
(4) If a person -
(a) was a permanent employee immediately
before 1 April 1987; and
(b) did not contribute to a contributory
scheme established by any regulations
45
Public Sector Superannuation Reform Act 2016
Act No. of
s. 31 Part 5 - Contributory Scheme
that were in force under the Retirement
Benefits Act 1993, because he or she was
not permitted to contribute on medical
grounds; and
(c) has been continuously employed in an
Agency since that date -
he or she may elect, by notice in writing to the
Commission, to contribute to the contributory
scheme, within the meaning of this Act, on and
from the commencement of the first full pay
period occurring after the election is received by
the Commission.
(5) Subsection (1) does not apply to a person if -
(a) the Commission has certified under the
regulations that a break in service does
not affect the continuity of the person's
service; or
(b) before the day on which this section
commences, the Board has certified,
under any regulations that were in force
under the Retirement Benefits Act 1993,
that a break in service does not affect the
continuity of the person's service.
31. Members of boards not entitled to be members of
contributory scheme
(1) A person who is, or has been, a member of a
board is not, by virtue of that office, entitled to
be a member of the contributory scheme and is
46
Public Sector Superannuation Reform Act 2016
Act No. of
Part 5 - Contributory Scheme s. 32
taken to have had no such entitlement by virtue
of that office at any relevant time.
(2) If a person who is contributing to the
contributory scheme is, or has been, a member of
a board, his or her contributions to that scheme
and benefit entitlements under that scheme are to
be determined without regard to any
remuneration paid or payable as a member of
that board.
32. Membership of contributory scheme by reason of 2
or more positions or capacities
(1) This section applies to a person who makes
contributions to the contributory scheme by
virtue of employment in 2 or more positions or
capacities in one or more Agencies, if the
employment in at least one, but not all, of those
positions or capacities qualifies him or her to be
a member of that scheme.
(2) If, before the commencement of the Retirement
Benefits (Miscellaneous Amendments) Act 2001,
an account had been established in the non-
contributory scheme, or the accumulation
scheme, (each within the meaning of the
Retirement Benefits Act 1993) for a person to
whom this section applies, that account is taken
to have been validly established.
(3) The contributions of a person to whom this
section applies and benefit entitlements under
the contributory scheme are to be determined
without regard to any employment that does not
qualify the person to contribute to that scheme.
47
Public Sector Superannuation Reform Act 2016
Act No. of
s. 33 Part 5 - Contributory Scheme
33. Application of Commonwealth superannuation
principles
The Commission must, in relation to the
contributory scheme, comply with the principles
outlined in the Heads of Government Agreement
made on 28 May 1996 between the
Commonwealth and Tasmania, as amended from
time to time, as if those principles were included
in this Act.
48
Public Sector Superannuation Reform Act 2016
Act No. of
Part 6 - Continuation of Certain Schemes s. 34
PART 6 - CONTINUATION OF CERTAIN SCHEMES
Division 1 - Tasmanian Ambulance Service Superannuation
Scheme
34. Interpretation
In this Division -
accumulation benefit component means the
part of the former superannuation scheme
that, immediately before the day on
which this Division commences, was the
total of all Accumulation Credits
provided for under the former trust deed;
Ambulance Service means the Ambulance
Service as defined in the Ambulance
Service Act 1982;
continued scheme means the part of the
former superannuation scheme that is
continued by the TASS Trust Deed and,
immediately before the transfer date, was
being administered by the Board;
defined benefit component means the part of
the former superannuation scheme
remaining immediately before
30 June 2006 after excluding the total of
all Accumulated Credits provided for
under the former trust deed;
former superannuation scheme means the
Tasmanian Ambulance Service
Superannuation Scheme as administered
49
Public Sector Superannuation Reform Act 2016
Act No. of
s. 35 Part 6 - Continuation of Certain Schemes
by Tasmanian Ambulance
Superannuation Pty Ltd (ACN
074 500 119) in its capacity as the trustee
of that scheme immediately before
30 June 2006;
former trust deed means the Deed of Trust
executed by the Director of Ambulance
Services on 26 June 1996 in respect of
the Tasmanian Ambulance Service
Superannuation Scheme and includes that
deed as amended or substituted from time
to time;
Tasmanian Ambulance Service
Superannuation Scheme means the
Ambulance Service Superannuation
Scheme established by the Ambulance
Commission of Tasmania under the
Ambulance Act 1959;
TASS Trust Deed means the Trust Deed for
the Tasmanian Ambulance Service
Superannuation Scheme dated
30 June 2006 which was executed and in
force immediately before the transfer
date under section 4 of the Retirement
Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006 and
includes that deed as amended or
substituted from time to time.
35. TASS Trust Deed continues in force and remains
binding
The TASS Trust Deed must -
50
Public Sector Superannuation Reform Act 2016
Act No. of
Part 6 - Continuation of Certain Schemes s. 36
(a) continue to provide the defined benefit
component of the former superannuation
scheme for persons who, immediately
before 30 June 2006, were contributing
to or required to contribute to, or were
deemed to be contributing to, the former
superannuation scheme; and
(b) remain binding on the Ambulance
Service.
36. Contents of TASS Trust Deed
The TASS Trust Deed must provide -
(a) for the continuation of the defined
benefit component of the former
superannuation scheme and for it to be
administered by the Commission in
accordance with this Act and the
requirements of the SIS Act; and
(b) that an Ambulance member appointed or
employed on or after 30 June 2006 is not
entitled to become a member of the
continued scheme; and
(c) that all benefits provided by the
continued scheme, other than temporary
incapacity benefits, are to be paid as
lump sums; and
(d) for the amounts, manner and timing of
payment of contributions to the
continued scheme; and
51
Public Sector Superannuation Reform Act 2016
Act No. of
s. 37 Part 6 - Continuation of Certain Schemes
(e) for appeals against decisions,
determinations and orders of the
Commission in the course of the
Commission's administration of the
continued scheme; and
(f) that the only authorised payments from
the continued scheme to the Commission
or the Ambulance Service are -
(i) for refunds of overpaid
contributions; or
(ii) payments permitted by the SIS
Act; and
(g) that the Ambulance Service is to pay to
the Commission such additional amounts
as the Minister, on the recommendation
of the Actuary, may direct so as to enable
the Commission to meet the
Commission's liabilities under this Act.
37. Amendment or revocation and substitution of TASS
Trust Deed
(1) The Commission may, in accordance with the
TASS Trust Deed, prepare and submit to the
Minister for approval a draft of a deed to amend,
or to revoke and substitute, the TASS Trust
Deed.
(2) The Minister may approve, or refuse to approve,
the draft.
52
Public Sector Superannuation Reform Act 2016
Act No. of
Part 6 - Continuation of Certain Schemes s. 37
(3) The Minister must not approve the draft unless
he or she is satisfied that -
(a) the Ambulance Service and the Health
Services Union of Australia - Tasmanian
No. 1 Branch have been consulted in
respect of the draft; and
(b) the draft complies with, and is consistent
with, this Act and the SIS Act.
(4) The Minister must notify the Ambulance Service
and the Commission, in writing, that the
Minister has approved, or refused to approve, the
draft.
(5) If the Minister notifies under subsection (4) the
Commission, in writing, that the Minister has
refused to approve the draft, the Commission
must prepare and submit to the Minister a
revised draft in accordance with this section and
any requests made by the Minister.
(6) A notice under subsection (4) of the approval of
the draft must specify the day on which the
amendment to, or the revocation and substitution
of, the TASS Trust Deed, that is specified in the
approval, is to take effect.
(7) If, after the consultation referred to in
subsection (3)(a), the Minister resolves to
approve the draft -
(a) the Minister and the Commission must
execute the deed to amend, or to revoke
and substitute, the TASS Trust Deed; and
53
Public Sector Superannuation Reform Act 2016
Act No. of
s. 38 Part 6 - Continuation of Certain Schemes
(b) the Minister must cause to be published
in the Gazette notice of -
(i) the amendment to, or revocation
and substitution of, the TASS
Trust Deed; and
(ii) the day on which the amended or
substituted TASS Trust Deed
takes effect.
(8) The TASS Trust Deed must not be amended or
substituted so as to authorise any payment from
the continued scheme to the Commission or the
Ambulance Service other than -
(a) for refunds of overpaid contributions; or
(b) payments permitted by the SIS Act.
38. Continued scheme
The continued scheme -
(a) forms part of the Fund continued by
section 27 of this Act; and
(b) is to be administered by the Commission
as a subfund of the Fund.
39. Transitional matters in relation to continued
scheme
On and from the transfer date -
(a) a reference in any other Act, in any
instrument made under any other Act, in
54
Public Sector Superannuation Reform Act 2016
Act No. of
Part 6 - Continuation of Certain Schemes s. 39
any contract, agreement, arrangement or
undertaking, or in any document of any
kind, to -
(i) the Board; or
(ii) any predecessor of the Board -
to the extent to which the reference
relates to the assets, or the rights or
liabilities, of the Board in relation to the
continued scheme, is taken to be, or
include, a reference to the Commission;
and
(b) any legal, or other, proceedings that -
(i) relate to the continued scheme or
to assets, rights or liabilities that
are, after the transfer date, assets,
rights or liabilities of the
Commission or the Fund; and
(ii) are commenced, before the
transfer date, by or against the
Board or a predecessor of the
Board; and
(iii) are pending immediately before
the transfer date -
are taken to be proceedings pending by
or against the Commission; and
(c) any legal, or other, proceedings that -
(i) relate to the continued scheme or
to assets, rights or liabilities that
55
Public Sector Superannuation Reform Act 2016
Act No. of
s. 39 Part 6 - Continuation of Certain Schemes
are, after the transfer date, assets,
rights or liabilities of the
Commission or the Fund; and
(ii) could have been commenced,
before the transfer date, by or
against the Board or a
predecessor of the Board -
may be commenced by or against the
Commission; and
(d) a judgement or order of a court, or other
tribunal, that -
(i) relates to the assets, rights or
liabilities of the Board or the
Fund in relation to the continued
scheme; and
(ii) is obtained before the transfer
date by or against the Board or a
predecessor of the Board -
may be enforced by or against the
Commission; and
(e) any document, relating to legal, or other,
proceedings, that -
(i) relates to the assets, rights or
liabilities of the Board or the
Fund in relation to the continued
scheme; and
56
Public Sector Superannuation Reform Act 2016
Act No. of
Part 6 - Continuation of Certain Schemes s. 40
(ii) has been served on or by the
Board, or a predecessor of the
Board, before the transfer date -
is taken, where appropriate, to have been
served on or by the Commission; and
(f) any act, matter or thing done, or omitted
to be done, before the transfer date -
(i) in relation to the assets, rights or
liabilities of the Board or the
Fund in relation to the continued
scheme; and
(ii) by, to or in respect of the Board
or a predecessor of the Board -
is (to the extent to which that act, matter
or thing has any force or effect) taken to
have been done, or omitted, by, to or in
respect of the Commission.
40. Certain determinations, &c., to continue to have
effect
A determination or decision that -
(a) was made by the trustee or the Board in
the administration of the former
superannuation scheme or the continued
scheme; and
(b) affects the rights of an Ambulance
member; and
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(c) was in force immediately before the day
on which this Division commences -
continues to have effect unless or until the
determination or decision is varied or rescinded
by the Commission, acting in accordance with
the TASS Trust Deed.
41. Guarantee by Minister
The Minister administering the Ambulance
Service Act 1982 must guarantee, on behalf of
the State, the payment of all contributions
required to be made to the Commission by the
Ambulance Service if the Ambulance Service
fails to make the contributions required under
the TASS Trust Deed within 28 days after the
Commission demands the contributions be made.
Division 2 - State Fire Commission Superannuation Scheme
42. Interpretation
In this Division -
accumulation benefit component means the
part of the former superannuation scheme
that, immediately before the date on
which this Division commences, was the
total of all Accumulated Credits provided
for under the former trust deed;
continued scheme means the part of the
former superannuation scheme that is
continued by the Trust Deed and,
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immediately before the transfer date, was
being administered by the Board;
defined benefit component means the part of
the former superannuation scheme that,
immediately before 1 May 2006, was not
the accumulation benefit component;
former superannuation scheme means the
State Fire Commission Superannuation
Scheme as administered by the former
trustee immediately before 24 June 2005;
former trust deed means the Deed of Trust
executed by the Commission on
17 January 1995 in respect of the State
Fire Commission Superannuation
Scheme and includes that Deed as
amended or substituted from time to
time;
former trustee means the State Fire
Commission Superannuation Scheme Pty
Ltd (ACN 067 921 760) in its capacity as
trustee of the former superannuation
scheme;
State Fire Commission means the State Fire
Commission as defined in the Fire
Service Act 1979;
Trust Deed means the Trust Deed dated
26 April 2006 which was executed and in
force immediately before the transfer
date under section 4 of the Retirement
Benefits (State Fire Commission
Superannuation Scheme) Act 2005 and
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includes that Deed as amended or
substituted from time to time.
43. Trust Deed continues in force and remains binding
The Trust Deed must -
(a) continue to provide the defined benefit
component of the former superannuation
scheme for persons who, immediately
before 1 May 2006, were contributing to
or required to contribute to, or were
deemed to be contributing to, the former
superannuation scheme; and
(b) remain binding on the State Fire
Commission.
44. Contents of Trust Deed
The Trust Deed must provide -
(a) for the continuation of the defined
benefit component of the former
superannuation scheme and for it to be
administered by the Commission in
accordance with this Act and the
requirements of the SIS Act; and
(b) that a Fire Service member appointed or
employed on or after 1 July 2005 is not
entitled to become a member of the
continued scheme; and
(c) that all benefits provided by the
continued scheme, other than temporary
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incapacity benefits, are to be paid as
lump sums; and
(d) for the amounts, manner and timing of
payment of contributions to the
continued scheme; and
(e) for appeals against decisions,
determinations and orders of the
Commission in the course of the
Commission's administration of the
continued scheme; and
(f) that the only authorised payments from
the continued scheme to the Commission
or the State Fire Commission are -
(i) for refunds of overpaid
contributions; or
(ii) payments permitted by the SIS
Act; and
(g) that the State Fire Commission is to pay
to the Commission such additional
amounts as the Minister, on the
recommendation of the Actuary, may
direct so as to enable the Commission to
meet the Commission's liabilities under
this Act.
45. Amendment or revocation and substitution of Trust
Deed
(1) The Commission may, in accordance with the
Trust Deed, prepare and submit to the Minister
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for approval a draft of a deed to amend, or to
revoke and substitute, the Trust Deed.
(2) The Minister may approve, or refuse to approve,
the draft.
(3) The Minister must not approve the draft unless
he or she is satisfied that -
(a) the State Fire Commission and the
United Firefighters' Union of Australia
(Tasmanian Branch) have been consulted
in respect of the draft; and
(b) the draft complies with, and is consistent
with, this Act and the SIS Act.
(4) The Minister must notify the Commission and
the State Fire Commission, in writing, that the
Minister has approved, or refused to approve, the
draft.
(5) If the Minister notifies under subsection (4) the
Commission, in writing, that the Minister has
refused to approve the draft, the Commission
must prepare and submit to the Minister a
revised draft in accordance with this section and
any requests made by the Minister.
(6) A notice under subsection (4) of the approval of
the draft must specify the day on which the
amendment to, or the revocation and substitution
of, the Trust Deed, that is specified in the
approval, is to take effect.
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(7) If, after the consultation referred to in
subsection (3)(a), the Minister resolves to
approve the draft -
(a) the Minister and the Commission must
execute the deed to amend, or to revoke
and substitute, the Trust Deed; and
(b) the Minister must cause to be published
in the Gazette notice of -
(i) the amendment to, or revocation
and substitution of, the Trust
Deed; and
(ii) the day on which the amended or
substituted Trust Deed takes
effect.
(8) The Trust Deed must not be amended or
substituted so as to authorise any payment from
the continued scheme to the Commission or the
State Fire Commission other than for -
(a) refunds of overpaid contributions; or
(b) payments permitted by the SIS Act.
46. Continued scheme
The continued scheme -
(a) forms part of the Fund continued by
section 27 of this Act; and
(b) is to be administered by the Commission
as a subfund of the Fund.
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47. Transitional matters in relation to continued
scheme
On and from the transfer date -
(a) a reference in any other Act, in any
instrument made under any other Act, in
any contract, agreement, arrangement or
undertaking, or in any document of any
kind, to -
(i) the Board; or
(ii) any predecessor of the Board -
to the extent to which the reference
relates to the assets, or the rights or
liabilities, of the Board in relation to the
continued scheme, is taken to be, or
include, a reference to the Commission;
and
(b) any legal, or other, proceedings that -
(i) relate to the continued scheme or
to assets, rights or liabilities that
are, after the transfer date, assets,
rights or liabilities of the
Commission or the Fund; and
(ii) are commenced, before the
transfer date, by or against the
Board or a predecessor of the
Board; and
(iii) are pending immediately before
the transfer date -
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are taken to be proceedings pending by
or against the Commission; and
(c) any legal, or other, proceedings that -
(i) relate to the continued scheme or
to assets, rights or liabilities that
are, after the transfer date, assets,
rights or liabilities of the
Commission or the Fund; and
(ii) could have been commenced,
before the transfer date, by or
against the Board or a
predecessor of the Board -
may be commenced by or against the
Commission; and
(d) a judgement or order of a court, or other
tribunal, that -
(i) relates to the assets, rights or
liabilities of the Board or the
Fund in relation to the continued
scheme; and
(ii) is obtained before the transfer
date by or against the Board or a
predecessor of the Board -
may be enforced by or against the
Commission; and
(e) any document, relating to legal, or other,
proceedings, that -
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(i) relates to the assets, rights or
liabilities of the Board or the
Fund in relation to the continued
scheme; and
(ii) has been served on or by the
Board, or a predecessor of the
Board, before the transfer date -
is taken, where appropriate, to have been
served on or by the Commission; and
(f) any act, matter or thing done, or omitted
to be done, before the transfer date -
(i) in relation to the assets, rights or
liabilities of the Board or the
Fund in relation to the continued
scheme; and
(ii) by, to or in respect of the Board
or a predecessor of the Board -
is (to the extent to which that act, matter
or thing has any force or effect) taken to
have been done, or omitted, by, to or in
respect of the Commission.
48. Certain determinations, &c., to continue to have
effect
A determination or decision that -
(a) was made by the former trustee or the
Board in the administration of the former
superannuation scheme or the continued
scheme; and
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(b) affects the rights of a Fire Service
member; and
(c) was in force immediately before the day
on which this Division commences -
continues to have effect unless or until the
determination or decision is varied or rescinded
by the Commission, acting in accordance with
the Trust Deed.
49. Guarantee by Minister
The Minister administering the Fire Service Act
1979 must guarantee, on behalf of the State, the
payment of all contributions required to be made
to the Commission by the State Fire Commission
if the State Fire Commission fails to make the
contributions required under the Trust Deed
within 28 days after the Commission demands
the contributions be made.
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PART 7 - MISCELLANEOUS
50. Actuary
(1) The Minister may appoint a person or
organisation as the Actuary for the purposes of
this Act and the regulations.
(2) A person or organisation appointed as the
Actuary holds office, subject to this Act, for the
period, and on the terms and conditions,
specified in the instrument of appointment.
(3) A person may only be appointed under
subsection (1) if he or she is a Fellow of the
Institute of Actuaries (Australia), the Institute of
Actuaries (London) or the Institute of Actuaries
(Edinburgh).
(4) An organisation may only be appointed under
subsection (1) if the organisation employs a
person who is a Fellow of the Institute of
Actuaries (Australia), the Institute of Actuaries
(London) or the Institute of Actuaries
(Edinburgh).
(5) A person or organisation who or that is
appointed as the Actuary ceases to be the
Actuary if the person or organisation ceases to
be a person or organisation who or that may be
appointed under subsection (1).
(6) The Minister may, by notice to a person or
organisation, revoke the appointment of the
person or organisation as the Actuary.
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51. Employer contributions to chosen fund
(1) In this section -
chosen fund has the same meaning as in the
Superannuation Guarantee Act.
(2) If an employee has elected a chosen fund, the
Agency manager in relation to the Agency must,
on being satisfied, after making reasonable
enquiries as to whether the chosen fund is a
complying superannuation scheme -
(a) make, on behalf of the Agency, employer
superannuation contributions, in respect
of that employee, to that chosen fund;
and
(b) make those contributions in the manner
required by the governing rules of that
chosen fund.
(3) The rate of employer superannuation
contributions to the chosen fund in respect of a
relevant employee is to be calculated -
(a) by reference to the salary of the relevant
employee; and
(b) in accordance with the relevant "charge
percentage" specified in section 19 of the
Superannuation Guarantee Act.
52. Certain references in industrial awards
(1) Any reference in an award, within the meaning
of the Industrial Relations Act 1984, to the
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Public Sector Superannuation Reform Act 1999,
is to be taken to be a reference to this Act.
(2) Any reference, in the Tasmanian Fire Fighters
Industry Employees Award 2010, to the RBF
Tasmanian Accumulation Scheme is to be taken,
in relation to an employee, to be a reference to -
(a) unless paragraph (b) applies in relation to
the employee, the default fund in relation
to which the employee is, for the
purposes of section 21, a relevant
employee; or
(b) if the employee has elected a chosen
fund, within the meaning of the
Superannuation Guarantee Act, that fund.
53. Transitional provisions in relation to certain RBF
employees
Schedule 3 has effect.
54. Appropriation and Minister's guarantee
(1) In this section -
Agency means -
(a) an Agency within the meaning of
the State Service Act 2000; or
(b) the controlling authority of any
industry or undertaking carried
on by or on behalf of the State; or
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(c) where the services of a statutory
authority are transferred to
another person or organisation -
the person or organisation
responsible for payment of
contributions to the Fund in
respect of contributors.
(2) A contribution that is required under the
regulations to be paid by the Minister is to be
paid by the Minister out of the Consolidated
Fund without further appropriation than this
section.
(3) A contribution referred to in subsection (2) is to
be paid at the times, and in the manner, that is
prescribed in the regulations.
(4) The regulations may provide for a guarantee to
be given by the Minister with respect to -
(a) the payment of pensions and lump sum
benefits under this Act in relation to the
contributory scheme; and
(b) the payment to the Fund of contributions,
in relation to the contributory scheme,
required to be made by an Agency or
statutory authority; and
(c) the payment to a default fund of
contributions, in relation to the default
fund, required to be made by an Agency
or statutory authority in accordance with
this Act or the governing rules of the
fund.
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55. Annual reports
(1) If an Agency is required to produce an annual
report, that report is to include a certification by
the relevant Agency manager that, if it is the
case, the Agency has met its obligations under
the Superannuation Guarantee Act, in respect of
any employee, employed in the Agency, who is
or becomes a member of a complying
superannuation scheme or an RSA to which the
Agency contributes, other than the contributory
scheme.
(2) An Agency is to include in its annual report such
other information relating to superannuation
schemes or RSAs of which its employees are
members as may be prescribed in the
regulations.
56. Notices are not statutory rules
A notice under this Act is not a statutory rule for
the purposes of the Rules Publication Act 1953.
57. Regulations generally
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may provide -
(a) for the administration of subfunds -
(i) for members of Parliament first
elected before 1 July 1999 and
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the widows, widowers and
children of those members; and
(ii) any other subfund established by
or under this Act; and
(b) for contributions to the Fund or a
subfund to be made by the Minister
which may be an appropriation of the
Consolidated Fund; and
(c) for any entitlement of members of
Parliament arising from ill-health or
physical or mental incapacity to be
determined by a committee consisting of
the President of the Legislative Council,
the Speaker of the House of Assembly
and the Secretary of the responsible
Department in relation to the Public
Account Act 1986 or his or her nominee;
and
(d) for the procedure to be followed by the
committee referred to in paragraph (c);
and
(e) for the procedure to be followed in
determining a dispute under this Act; and
(f) for the conferral of power on the
Supreme Court to review any
determination under this Act that is
adverse to the interests of a person
claiming to be entitled to a benefit under
this Act and to make any declaration as
to that entitlement as the Court considers
appropriate.
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(3) Without limiting the generality of subsection (1),
the regulations may -
(a) provide that a person aggrieved by a
decision of the Commission or of the
committee referred to in subsection (2)(c)
may, on payment of a prescribed fee,
require the Commission, or the
committee, respectively, to apply to the
Supreme Court for a declaration as to the
validity of the decision made by the
Commission, or the committee,
respectively; and
(b) confer power on the Supreme Court in
relation to applications referred to in
paragraph (a) and for the costs of
proceedings in the Supreme Court in
relation to such applications.
(4) The regulations may require any document,
information or particulars required by or under
the regulations to be provided or given to the
Minister or to the Commission to be verified by
a statutory declaration.
(5) Without limiting the generality of subsection (1),
the regulations may provide for the preparation
and issue by the Commission of any reports or
statements that may be necessary or desirable for
the Fund to be administered and operated
consistently with any relevant Commonwealth
law that applies to complying superannuation
schemes, including reports or statements that are
to be issued to -
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(a) any relevant Commonwealth authority or
agency, for the purpose of providing
information in relation to the
administration and operation of the Fund;
and
(b) a member of the Fund, for the purpose of
providing information in relation to the
member's interest in the Fund and his or
her benefit entitlement.
(6) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(7) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by the Commission.
(8) The regulations may -
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding 50
penalty units and, in the case of a
continuing offence, a further fine not
exceeding 10 penalty units for each day
during which the offence continues.
(9) Before proposed regulations are submitted to the
Governor -
(a) the Minister must be satisfied that the
Tasmanian Trades and Labor Council has
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been consulted on the proposed
regulations; and
(b) the Commission must, if appropriate to
do so, provide the Minister with a
statement as to the likely cost to the State
arising from the proposed regulations.
58. Regulations may contain transitional matters
(1) Without limiting the generality of section 57(1),
the regulations may contain provisions of a
savings or transitional nature consequent on -
(a) the enactment of this Act; or
(b) the enactment of the Retirement Benefits
Act 1993; or
(c) the enactment of the Retirement Benefits
(Parliamentary Superannuation Trustee
Arrangements and Miscellaneous
Amendments) Act 2002; or
(d) the dissolution of the Retirement
Benefits Fund Investment Trust as in
existence under the Retirement Benefits
Act 1993 on 30 June 1995; or
(e) the repeal of the Retirement Benefits Act
1993 or the Public Sector
Superannuation Reform Act 1999.
(2) The provisions, of a savings or transitional
nature, that are referred to in subsection (1) may
provide that any functions, powers, rights and
authorities conferred by, or arising from -
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(a) the repeal of the Retirement Benefits Act
1982; or
(b) the repeal of the Retirement Benefits Act
1993; or
(c) the repeal of the Public Sector
Superannuation Reform Act 1999; or
(d) any other Act amended by the Retirement
Benefits (Parliamentary Superannuation
Trustee Arrangements and
Miscellaneous Amendments) Act 2002 or
by another Act that makes amendments
to other Acts consequential on the
enactment of this Act; or
(e) an arrangement or agreement under
which services formerly or currently
provided by the State are transferred to
another person -
are to continue in force with the modifications, if
any, that are provided by the regulations.
59. Regulations may provide for cases of relationship
breakdown
(1) Without limiting the generality of section 57(1),
the regulations may -
(a) provide for any matter necessary or
desirable for carrying into effect any law
of the State or the Commonwealth
relating to the splitting of superannuation
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interests on the breakdown of a
relationship; or
(b) without limitation, provide for
abrogating, reducing, assigning or
withholding a person's entitlement to a
lump sum or pension benefit in order to
satisfy the requirements of any law
referred to in paragraph (a) or of any
other relevant law of the
Commonwealth; or
(c) provide for the imposition of fees
payable to the Commission for any such
purpose as provided for by the law of the
Commonwealth -
and any such regulation may take effect on the
day on which that law of the State or the
Commonwealth takes effect or on any later day.
(2) The regulations may also contain provisions for
abrogating, reducing, assigning or withholding a
person's entitlement to a lump sum or pension
benefit, if the Commission is satisfied that the
person, or another person, who is or was a
contributor, employee, or pensioner, in respect
of the contributory scheme was, at the date of his
or her death -
(a) living apart from his or her spouse or
partner in a significant relationship,
within the meaning of the Relationships
Act 2003; and
(b) not providing significant financial
support for that spouse or partner.
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60. Transitional and savings provisions relating to
repeal of Retirement Benefits Act 1993
(1) The repeal of the Retirement Benefits Act 1993
does not affect the validity of -
(a) any action or decision that was declared,
under section 29F of that Act, to be
valid; or
(b) any payment that was taken, by virtue of
section 29G of that Act, to have been
validly made; or
(c) a decision or determination of the Board
that was taken, by virtue of section 29H
or 29K of that Act, to have been validly
made; or
(d) any benefit, paid by the Board, that was
taken, by virtue of section 29H of that
Act, to have been validly paid.
(2) An action does not lie against the Crown, the
Board, any member of the Board, the chief
executive officer of the Board or any other
officer of the Board -
(a) by reason of the operation of section 29B
or 29C of the Retirement Benefits Act
1993; or
(b) in respect of any advice given, or
statement made, in good faith by or on
behalf of the Board arising from, or for
the purposes of, either of those sections.
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(3) Despite the repeal of Schedule 3 to the
Retirement Benefits Act 1993, an instrument that
was in force immediately before 1 July 1995 and
in which there is a reference to the Retirement
Benefits Fund Investment Trust continues in
effect as if -
(a) the reference to the Trust were a
reference to the Commission; and
(b) if the case so requires, the reference
included a reference to the Commission -
unless the context or subject matter of the
instrument otherwise indicates or requires.
(4) Subject to this section, a person who
immediately before 1 July 1994 was contributing
to the Fund must continue to contribute to the
Fund as provided in the regulations.
(5) If a person to whom subsection (4) applies was
contributing to the Fund at a rate that is not the
rate applicable to the 40 years' service scheme
under the Retirement Benefits Act 1982, as in
force before it was repealed, that person is taken
to have made an election to continue to
contribute at that rate.
(6) In respect of a person to whom subsection (4)
applies, contributions are to be deducted from
each periodical pay in accordance with the
regulations and paid to the Fund.
(7) If a person to whom subsection (4) relates was,
immediately before 1 July 1994, making
supplementary contributions in accordance with
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the Retirement Benefits Act 1982, as in force
before it was repealed, that person is, on and
from that date, taken to have made an election to
continue to make those supplementary
contributions as voluntary contributions.
(8) The repeals effected by section 32 of the
Retirement Benefits Act 1993 and the repeal of
that Act by this Act do not affect -
(a) the effect of any election, decision,
direction, resolution, delegation,
certificate, suspension or authorization
made or granted by the Board under the
Retirement Benefits Act 1982, or the
Retirement Benefits Act 1993, or of any
condition attached to any such election,
decision, direction, resolution,
delegation, certificate, suspension or
authorization; or
(b) the effect of any decision, resolution or
delegation made by the Trust or the
Board.
61. Savings in relation to TGIO Reserve Account
(1) In this section -
former TGIO employee benefits means all of
the pensions or other benefits and
entitlements to which former TGIO
employees are entitled under the
regulations;
former TGIO employees means -
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(a) a person who has ceased to be an
employee as mentioned in section
19 of the Tasmanian Government
Insurance Office (Sale) Act 1993;
and
(b) a person who is, under the
regulations, entitled to a pension,
or other benefits or entitlements
under this Act by reason of his or
her former employment under the
Tasmanian Government
Insurance Act 1919; and
(c) a person who is, under the
regulations, entitled to a pension,
or other benefits or entitlements
under this Act by reason of his or
her relationship to a person
referred to in paragraph (a) or (b);
TGIO Reserve Account means the account
maintained by the Board to fund former
TGIO employee benefits.
(2) Any amount standing to the credit of the TGIO
Reserve Account after all liabilities in respect of
former TGIO employee benefits have been
satisfied is the property of the Crown.
(3) The Commission may -
(a) determine that some of the funds in the
TGIO Reserve Account can prudently be
transferred to the Crown; or
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(b) determine that all of the funds in the
TGIO Reserve Account can prudently be
transferred to the Crown.
(4) A determination under subsection (3)(a) or (b)
may only be made if the Commission, on the
written advice of the Actuary, is satisfied that all
liabilities in respect of former TGIO employee
benefits have been satisfied.
(5) On making a determination under
subsection (3)(a) or (b), the Commission is to
advise the Treasurer of the amount that the
Commission has determined can prudently be
transferred to the Crown.
(6) On receiving the Commission's advice under
subsection (5), the Treasurer, by instrument in
writing, may direct the Commission to transfer
the amount specified in the advice (or any part of
that amount) to the Crown.
(7) If the Treasurer gives the Commission a
direction under subsection (6) -
(a) the Commission must comply with the
direction as soon as practicable; and
(b) the direction constitutes full and
sufficient authority for the amount
specified in the direction to be withdrawn
from the TGIO Reserve Account and
paid into the Consolidated Fund; and
(c) the Treasurer is to give notice (and
particulars) of the direction in the
Gazette.
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(8) If subsection (3)(a) applies and the Treasurer's
direction is in respect of all of the residual funds
in the TGIO Reserve Account, the direction
constitutes full and sufficient authority for the
Commission to close the TGIO Reserve Account
once those funds have been transferred to the
Crown.
(9) If at any time following the closure of the TGIO
Reserve Account the Commission incurs any
further liability in respect of a benefit paid or
payable to a former TGIO employee, the
Treasurer is to indemnify the Commission for
any costs in respect of the liability so incurred.
62. Administration of Act
Until provision is made for the administration of
this Act by order under section 4 of the
Administrative Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Treasurer; and
(b) the department responsible to the
Treasurer in relation to the administration
of this Act is the Department of Treasury
and Finance.
63. Legislation repealed
The legislation specified in Schedule 4 is
repealed.
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SCHEDULE 1 - MEMBERSHIP OF COMMISSION
Section 7(4)
1. Term of office
A member of the Commission is appointed for
the period, of not more than 5 years, that is
specified in the member's instrument of
appointment and may be reappointed.
2. Holding other office
The holder of an office who is required by the
terms by which he or she holds that office to
devote the whole of his or her time to the duties
of that office is not disqualified from -
(a) holding that office in conjunction with
the office of a member of the
Commission; or
(b) accepting any remuneration payable to a
member of the Commission.
3. State Service Act 2000
(1) The State Service Act 2000 does not apply in
relation to a member of the Commission in his or
her capacity as such a member.
(2) A person may hold the office of member of the
Commission in conjunction with State Service
employment.
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4. Remuneration and conditions of appointment
(1) A member of the Commission is entitled to be
paid the remuneration and allowances that the
Treasurer determines.
(2) A member of the Commission who is a State
Service employee or State Service officer is not
entitled to remuneration or allowances under this
clause except with the approval of the Minister
administering the State Service Act 2000.
(3) A member of the Commission holds office on
the conditions, in relation to matters not
provided for by this Act, that are specified in the
member's instrument of appointment.
5. Vacation of office
(1) A member of the Commission vacates his or her
office if he or she -
(a) dies; or
(b) becomes bankrupt, applies to take the
benefit of any law for the relief of
bankrupt or insolvent debtors,
compounds with his or her creditors or
makes an assignment of his or her
remuneration or estate for their benefit;
or
(c) resigns his or her office by writing under
his or her hand addressed to the
Treasurer and the Treasurer accepts the
resignation; or
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(d) is removed from office by the Treasurer
under subclause (2).
(2) The Treasurer may remove a person from the
office of member of the Commission if the
Treasurer is satisfied that -
(a) the person is absent from that office -
(i) otherwise than in accordance
with the person's instrument of
appointment to that office; or
(ii) without the permission of the
Treasurer; or
(b) the person is convicted, in Tasmania or
elsewhere, of a crime or an offence
punishable by imprisonment for a term of
12 months or longer; or
(c) the person misbehaves in office or
behaves in a way likely to bring the
office into disrepute; or
(d) if the person were to be or remain a
member of the Commission, the
Commission would not meet the
requirements of standards, relating to
fitness and propriety, that are applicable
to trustees and are prescribed in the
relevant prudential standards made under
the SIS Act; or
(e) the person is unable to adequately
perform the functions of his or her office;
or
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(f) the Commission ought to be a
corporation sole.
6. Filling of vacancies
If the office of a member of the Commission
becomes vacant, the Treasurer may appoint a
person to the vacant office for the remainder of
that member's term of office or until the office is
vacated.
7. Validation of proceedings
(1) An act or proceeding of the Commission or of a
person acting under any direction of the
Commission is not invalidated by reason only
that, when the act or proceeding was done, taken
or commenced, there was a vacancy in the office
of a member of the Commission.
(2) All acts and proceedings of the Commission or
of a person acting under a direction of the
Commission are, despite -
(a) the subsequent discovery of a defect in
the appointment of a member of the
Commission; or
(b) that any other person was disqualified
from acting as, or incapable of being, a
member of the Commission -
as valid as if the member of the Commission had
been duly appointed and was qualified to act as,
or capable of being, a member of the
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Commission, and as if the Commission had been
fully constituted.
8. Presumptions
In any proceedings by or against the
Commission, unless evidence is given to the
contrary, proof is not required of -
(a) the constitution of the Commission; or
(b) the appointment of any member of the
Commission.
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SCHEDULE 2 - MEETINGS OF THE COMMISSION
Section 7(5)
1. Convening of meetings
(1) Subject to subclause (2), meetings of the
Commission are to be held at the times and
places determined by the Commission.
(2) The chairperson of the Commission may
convene a meeting at any time.
(3) If the chairperson of the Commission is absent or
otherwise unable to perform the duties of the
office -
(a) the person acting in the office of
chairperson of the Commission, or a
person authorised by the Commission to
do so, is to convene a meeting in
accordance with subclause (2) as if he or
she were the chairperson of the
Commission; or
(b) any other meeting may be convened by -
(i) two members of the Commission;
or
(ii) a person authorised by the
Commission to do so.
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2. Presiding at meetings
(1) The chairperson of the Commission is to preside
at all meetings of the Commission at which he or
she is present.
(2) If the chairperson is not present at a meeting of
the Commission, the member of the Commission
elected by the members of the Commission
present is to preside.
3. Quorum and voting at meetings
(1) At a meeting of the Commission, 2 members of
the Commission constitute a quorum.
(2) A meeting of the Commission at which a
quorum is present is competent to transact any
business of the Commission.
(3) At a meeting of the Commission -
(a) a question is decided by a majority of
votes of the members of the Commission
present and voting; and
(b) the person presiding has a casting vote if
there is an equality of votes.
4. Conduct of meetings
(1) Subject to this Act, the Commission may
regulate the calling of, and the conduct of
business at, its meetings as it considers
appropriate.
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(2) The Commission may permit members of the
Commission to participate in a particular
meeting or all meetings by -
(a) telephone; or
(b) video conference; or
(c) any other means of communication
approved by the Commission.
(3) A member who participates in a meeting under a
permission granted under subclause (2) is
present at the meeting.
(4) The Commission may allow a person to attend a
meeting for the purpose of advising or informing
it on any matter or for any other reason the
Commission considers appropriate.
5. Resolutions without meetings
(1) If at least 2 members of the Commission sign a
document containing a statement that they are in
favour of a resolution in the terms set out in the
document, a resolution in those terms is taken to
have been passed at a meeting of the
Commission held on the day on which the
document is signed or, if the members do not
sign it on the same day, on the day on which the
last of the members signs the document.
(2) If a resolution is taken to have been passed under
subclause (1), each member of the Commission
is to be -
(a) advised immediately of the matter; and
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(b) given a copy of the terms of the
resolution.
(3) For the purposes of subclause (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one
or more members of the Commission, are taken
to constitute one document.
6. Minutes
The Commission is to keep minutes of its
proceedings.
7. General procedure
Subject to this Act, the Commission may
regulate its own proceedings.
8. Presumptions
In any proceedings by or against the
Commission, unless evidence is given to the
contrary, proof is not required of -
(a) any resolution of the Commission; and
(b) the presence of a quorum at any meeting
of the Commission.
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SCHEDULE 3 - SAVINGS PROVISIONS IN RELATION
TO CERTAIN RBF EMPLOYEES
Section 53
1. Interpretation
In this Schedule -
continuous employment has the same
meaning as in the Long Service Leave
Act 1976 or the Long Service Leave
(State Employees) Act 1994, as the case
may be;
RBF means the Retirement Benefits Fund
Board (ABN 97 724 593 931);
relevant person means a person who -
(a) immediately before the transfer
date, was an employee of RBF;
and
(b) is, after the transfer date,
appointed under the State Service
Act 2000 and is made available to
enable the Commission to
perform and exercise the
Commission's functions and
powers.
2. Long service leave entitlements
(1) A relevant person's period of service with RBF
is taken to be continuous employment with the
State Service -
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(a) for the purposes of calculating the long
service leave which that person will be
entitled to, or eligible for, under the Long
Service Leave (State Employees) Act
1994; and
(b) for the purposes of calculating any
redundancy payment if the person is
made redundant from the State Service.
(2) If the Long Service Leave Act 1976 applies to a
relevant person, that person may elect in writing,
on the day on which that person ceases to be an
employee of RBF, to not be paid in accordance
with section 12(4) of that Act.
(3) If the Long Service Leave (State Employees) Act
1994 applies to a relevant person, that person
may elect in writing, on the day on which that
person ceases to be an employee of RBF, to not
be paid the allowance specified in section 20(2)
of that Act.
(4) On being appointed under the State Service Act
2000, a relevant person is entitled, subject to
subclause (10), to the amount of long service
leave that the person would have been entitled
to, or been eligible for, on the day on which the
person ceased to be an employee of RBF, if -
(a) the person had not ceased to be an
employee of RBF; and
(b) the person has not received any payment
in respect of that long service leave.
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(5) For the purposes of calculating the long service
leave entitlement under the Long Service Leave
(State Employees) Act 1994 of a relevant person,
the amount of long service leave to which that
person is entitled is to be no more than the
combined amount of -
(a) the long service leave under
subclause (4); and
(b) the amount of long service leave to
which that person is entitled under the
Long Service Leave (State Employees)
Act 1994 on and from the date on which
that person is appointed under the State
Service Act 2000 but excluding that
person's period of service with RBF.
(6) On appointment under the State Service Act
2000, a relevant person who is not entitled to
long service leave in accordance with section
8(2)(a)(i) of the Long Service Leave Act 1976 is
entitled to long service leave if the combined
period of continuous employment with RBF and
continuous employment in the State Service is
10 years.
(7) For the purposes of calculating the long service
leave entitlement of a person referred to in
subclause (6), the amount of long service leave
to which that person is entitled is to be no more
than the combined amount of -
(a) 0.866 weeks of long service leave for
each year of continuous employment
with RBF; and
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(b) 6.5 days of long service leave for each
year of continuous employment in the
State Service.
(8) On appointment under the State Service Act
2000, a relevant person who is not entitled to
long service leave in accordance with section
8(2)(a)(ii) of the Long Service Leave Act 1976 is
entitled to long service leave for the period of
that person's continuous employment with RBF.
(9) Subject to subclause (10), for the purposes of
calculating the long service leave entitlement of
a person referred to in subclause (8), the amount
of long service leave to which that person is
entitled is to be no more than the amount of
0.866 weeks of long service leave for each year
of continuous employment with RBF.
(10) If a relevant person has taken or exhausted the
long service leave to which that person is
entitled as a result of his or her employment with
the RBF, the amount of long service leave taken
or exhausted by that person is to be deducted
from any amount of long service leave to which
the person is, or becomes, entitled, or for which
that person is, or becomes, eligible, on or after
that person's appointment under the State
Service Act 2000.
(11) Subclauses (1), (4), (6) and (8) do not apply if
the period from the date of the relevant person
ceasing to be an employee of RBF to the date of
commencement of the person's appointment
under the State Service Act 2000 exceeds 3
months.
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(12) Subclause (4) does not apply to a relevant person
if that person has received payment in respect of
his or her full entitlement to long service leave
accrued in respect of his or her employment with
RBF.
3. Superannuation entitlements
(1) Nothing in this Act affects the superannuation
entitlements of a relevant person that were in
existence immediately before the date on which
that person ceased to be an employee of RBF.
(2) Subclause (1) does not apply if the period from
the date on which the person ceased to be an
employee of RBF to the date of commencement
of the person's appointment under the State
Service Act 2000 exceeds 3 months.
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SCHEDULE 4 - LEGISLATION REPEALED
Section 63
Retirement Benefits Act 1993 (No. 103 of 1993)
Public Sector Superannuation Reform Act 1999 (No. 19 of
1999)
Retirement Benefits (State Fire Commission Superannuation
Scheme) Act 2005 (No. 26 of 2005)
Retirement Benefits (Tasmanian Ambulance Service
Superannuation Scheme) Act 2006 (No. 2 of 2006)
Government Printer, Tasmania 99