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SUPERANNUATION ACTS (FURTHER AMENDMENT) BILL 1999

                 PARLIAMENT OF VICTORIA

   Superannuation Acts (Further Amendment) Act
                       1999
                                 Act No.


                     TABLE OF PROVISIONS
Clause                                                              Page

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

PART 2--AMENDMENT OF EMERGENCY SERVICES
SUPERANNUATION ACT 1986                                                3
  3.     Specified standards                                           3
         23AA. Payment of benefits subject to specified standards      3
  4.     Consequential amendments                                      3

PART 3--AMENDMENT OF MAGISTRATES' COURT ACT 1989                       4
  5.     Amendment of section 7                                        4
  6.     New section 10A inserted                                      4
         10A. Pension of Chief Magistrate                              4

PART 4--AMENDMENT OF PARLIAMENTARY SALARIES
AND SUPERANNUATION ACT 1968                                            6
  7.     Specified standards                                           6
         21D. Payment of benefits subject to specified standards       6

PART 5--AMENDMENT OF PUBLIC SECTOR
SUPERANNUATION (ADMINISTRATION) ACT 1993                               7
  8.     Amendment of section 66                                       7
  9.     Amendment of section 68C                                      7

PART 6--AMENDMENT OF STATE EMPLOYEES
RETIREMENT BENEFITS ACT 1979                                           8
  10.    Specified standards                                           8
         66A. Payment of benefits subject to specified standards       8
  11.    Repeal of section 61                                          8




                                     i
532164B.I1-23/3/99

 


 

Clause Page PART 7--AMENDMENT OF STATE SUPERANNUATION ACT 1988 9 12. Specified standards 9 59A. Payment of benefits subject to specified standards 9 13. Amendment of section 94 9 14. Amendment of section 101 9 PART 8--AMENDMENT OF SUPERANNUATION (PORTABILITY) ACT 1989 11 15. Payment of deferred benefit 11 16. Specified standards and other provisions 11 7A. Payment of benefits subject to specified standards and other provisions 11 PART 9--AMENDMENT OF TRANSPORT SUPERANNUATION ACT 1988 12 17. Specified standards 12 36B. Payment of benefits subject to specified standards 12 NOTES 13 ii 532164B.I1-23/3/99

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Emergency Services Superannuation Act 1986, the Magistrates' Court Act 1989, the Parliamentary Salaries and Superannuation Act 1968, the Public Sector Superannuation (Administration) Act 1993, the State Employees Retirement Benefits Act 1979, the State Superannuation Act 1988, the Superannuation (Portability) Act 1989 and the Transport Superannuation Act 1988 and for other purposes. Superannuation Acts (Further Amendment) Act 1999 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to-- 1 532164B.I1-23/3/99

 


 

Superannuation Acts (Further Amendment) Act 1999 s. 2 Act No. (a) make miscellaneous amendments to specified Superannuation Acts; and (b) amend the Magistrates' Court Act 1989 in relation to the pension entitlements of the 5 Chief Magistrate. 2. Commencement (1) This Act, other than Part 3, comes into operation on the day on which it receives the Royal Assent. (2) Part 3 is deemed to have come into operation on 10 7 May 1996. _______________ 2 532164B.I1-23/3/99

 


 

Superannuation Acts (Further Amendment) Act 1999 s. 3 Act No. PART 2--AMENDMENT OF EMERGENCY SERVICES SUPERANNUATION ACT 1986 3. Specified standards Before section 23A of the Emergency Services 5 Superannuation Act 1986 insert-- "23AA. Payment of benefits subject to specified standards Notwithstanding anything to the contrary in this Act, the payment of any benefit under 10 this Act is subject to any relevant specified standards.". 4. Consequential amendments In sections 20D, 20J and 20K(2) of the Emergency Services Superannuation Act 1986 15 omit "Subject to section 29A,". _______________ 3 532164B.I1-23/3/99

 


 

Superannuation Acts (Further Amendment) Act 1999 s. 5 Act No. PART 3--AMENDMENT OF MAGISTRATES' COURT ACT 1989 5. Amendment of section 7 In section 7(7) of the Magistrates' Court Act 5 1989, after "magistrate" insert ", other than a Chief Magistrate appointed on or after 7 May 1996,". 6. New section 10A inserted After section 10 of the Magistrates' Court Act 10 1989 insert-- "10A. Pension of Chief Magistrate (1) The Chief Magistrate and the spouse and children of the Chief Magistrate are entitled to pensions in the same circumstances and at 15 the same rates and on the same terms and conditions as a judge of the County Court (other than the Chief Judge) and the spouse and children of such a judge are entitled to pensions under section 14 of the County 20 Court Act 1958. (2) A pension under this section is liable to be suspended or determined in the same circumstances and to the same extent as pensions under section 14 of the County 25 Court Act 1958 are liable to be suspended or determined. (3) Pensions under this section are payable out of the Consolidated Fund which is hereby to the necessary extent appropriated 30 accordingly. (4) This section applies in respect of the appointment of a Chief Magistrate made on or after 7 May 1996.". 4 532164B.I1-23/3/99

 


 

Superannuation Acts (Further Amendment) Act 1999 Act No. _______________ 5 532164B.I1-23/3/99

 


 

Superannuation Acts (Further Amendment) Act 1999 s. 7 Act No. PART 4--AMENDMENT OF PARLIAMENTARY SALARIES AND SUPERANNUATION ACT 1968 7. Specified standards Before section 22 of the Parliamentary Salaries 5 and Superannuation Act 1968 insert-- "21D. Payment of benefits subject to specified standards Notwithstanding anything to the contrary in this Act, the payment of any benefit under 10 this Act is subject to any relevant specified standards.". _______________ 6 532164B.I1-23/3/99

 


 

Superannuation Acts (Further Amendment) Act 1999 s. 8 Act No. PART 5--AMENDMENT OF PUBLIC SECTOR SUPERANNUATION (ADMINISTRATION) ACT 1993 8. Amendment of section 66 (1) In section 66(1) of the Public Sector 5 Superannuation (Administration) Act 1993 after "44D" insert ", 45". (2) After section 66(8) of the Public Sector Superannuation (Administration) Act 1993 insert-- 10 "(9) Notwithstanding anything to the contrary in this section, the governing instrument of the MTA Superannuation Fund is to be read and construed subject to-- (a) any relevant specified standards; and 15 (b) any provisions of a relevant Commonwealth or Victorian law relating to anti-discrimination.". 9. Amendment of section 68C After section 68C(2) of the Public Sector 20 Superannuation (Administration) Act 1993 insert-- "(2A) Sub-section (2) is subject to-- (a) any relevant specified standards; and (b) any provisions of a relevant 25 Commonwealth or Victorian law relating to anti-discrimination.". _______________ 7 532164B.I1-23/3/99

 


 

Superannuation Acts (Further Amendment) Act 1999 s. 10 Act No. PART 6--AMENDMENT OF STATE EMPLOYEES RETIREMENT BENEFITS ACT 1979 10. Specified standards Before section 67 of the State Employees 5 Retirement Benefits Act 1979 insert-- "66A. Payment of benefits subject to specified standards Notwithstanding anything to the contrary in this Act, the payment of any benefit under 10 this Act is subject to any relevant specified standards.". 11. Repeal of section 61 Section 61 of the State Employees Retirement Benefits Act 1979 is repealed. 15 _______________ 8 532164B.I1-23/3/99

 


 

Superannuation Acts (Further Amendment) Act 1999 s. 12 Act No. PART 7--AMENDMENT OF STATE SUPERANNUATION ACT 1988 12. Specified standards Before section 60 of the State Superannuation 5 Act 1988 insert-- "59A. Payment of benefits subject to specified standards Notwithstanding anything to the contrary in this Act, the payment of any benefit under 10 this Act is subject to any relevant specified standards.". 13. Amendment of section 94 (1) In section 94(1C) of the State Superannuation Act 1988 after "sections" insert "71A,". 15 (2) After section 94(1C) of the State Superannuation Act 1988 insert-- "(1D) Sub-section (1A) is subject to-- (a) any relevant specified standards; and (b) any provisions of a relevant 20 Commonwealth or Victorian law relating to anti-discrimination.". 14. Amendment of section 101 (1) After section 101(1) of the State Superannuation Act 1988 insert-- 25 "(1A) Sub-section (1) is subject to-- (a) any relevant specified standards; and (b) any provisions of a relevant Commonwealth or Victorian law relating to anti-discrimination.". 9 532164B.I1-23/3/99

 


 

Superannuation Acts (Further Amendment) Act 1999 s. 14 Act No. (2) In section 101(4) of the State Superannuation Act 1988 after "sections" insert "71A,". _______________ 10 532164B.I1-23/3/99

 


 

Superannuation Acts (Further Amendment) Act 1999 s. 15 Act No. PART 8--AMENDMENT OF SUPERANNUATION (PORTABILITY) ACT 1989 15. Payment of deferred benefit (1) In section 3(1) of the Superannuation 5 (Portability) Act 1989, in the definition of "retirement benefit" omit "upon retirement". (2) In section 5(2) of the Superannuation (Portability) Act 1989-- (a) for "The deferred retirement benefit" 10 substitute "A deferred retirement benefit under this Act"; (b) for "retirement at or after the age" substitute "the member attains the minimum retirement age". 15 16. Specified standards and other provisions After section 7 of the Superannuation (Portability) Act 1989 insert-- "7A. Payment of benefits subject to specified standards and other provisions 20 Notwithstanding anything to the contrary in this Act or the governing instrument of the member's statutory superannuation scheme, the payment of any benefit under this Act is subject to-- 25 (a) any relevant specified standards; and (b) any provisions relating to the early release of benefits-- which apply to the member's statutory superannuation scheme.". 30 _______________ 11 532164B.I1-23/3/99

 


 

Superannuation Acts (Further Amendment) Act 1999 s. 17 Act No. PART 9--AMENDMENT OF TRANSPORT SUPERANNUATION ACT 1988 17. Specified standards Before section 37 of the Transport 5 Superannuation Act 1988 insert-- "36B. Payment of benefits subject to specified standards Notwithstanding anything to the contrary in this Act, the payment of any benefit under 10 this Act is subject to any relevant specified standards.". 12 532164B.I1-23/3/99

 


 

Superannuation Acts (Further Amendment) Act 1999 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 13 532164B.I1-23/3/99

 


 

Superannuation Acts (Further Amendment) Act 1999 Act No. 14 532164B.I1-23/3/99

 


 

 


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