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PARLIAMENT OF VICTORIA
Superannuation Legislation Amendment Bill 2013
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--EMERGENCY SERVICES SUPERANNUATION
ACT 1986 3
Division 1--General amendments 3
3 Amendment of section 3(1)--definition of nominee substituted 3
4 Amendment of section 8--Vacancies on Board 3
5 Amendment of section 13--Chief Executive Officer 3
6 Amendment of section 20B--Membership 4
7 Amendment of section 20E--Death of contributor or police
recruit 4
8 Amendment of section 20F--Disability of contributor or police
recruit 5
9 Section 20N substituted--Nominated personal representatives 5
20N Nominated personal representatives 5
10 Amendment of section 20O--Death benefit when no
dependants 6
11 Amendment of section 20P--Payment of benefits in case of
multiple claimants 6
Division 2--Transfer of Parliamentary Contributory
Superannuation Fund 7
12 Amendment of section 3--Definitions 7
13 Amendment of section 4--Application of Act 7
14 New Part 4AC inserted 8
PART 4AC--TRANSFER OF THE PARLIAMENTARY
CONTRIBUTORY SUPERANNUATION FUND AND
RELATED MATTERS 8
22DN Definitions 8
22DO Transfer of assets and liabilities of the Parliamentary
Contributory Superannuation Fund 8
22DP Board is successor in law 9
571029B.I-20/8/2013 i BILL LA INTRODUCTION 20/8/2013
Clause Page
22DQ Exemption from stamp duty or other tax 10
22DR Transitional provision--Registrar of Titles 10
22DS Actuarial investigation 10
22DT Scheme may be supplemented by Consolidated Fund 11
PART 3--REPEAL OF SPENT ACTS 13
15 Repeals 13
PART 4--PARLIAMENTARY SALARIES AND
SUPERANNUATION ACT 1968 14
16 Consequential amendments 14
PART 5--STATE EMPLOYEES RETIREMENT BENEFITS
ACT 1979 17
17 Amendment of section 39--Amount of lump sum and pension
on retirement 17
18 Amendment of section 53--Disability benefits 18
19 Amendment of section 54--Board to make determination as
to entitlement to disability benefits 18
PART 6--STATE SUPERANNUATION ACT 1988 19
20 Amendment of section 34--Pension entitlement on retirement
through disability 19
21 Amendment of section 53--Benefit on death of new scheme
member before retirement 19
22 Amendment of section 54--Benefit on retirement through
disability 20
PART 7--TRANSPORT SUPERANNUATION ACT 1988 22
23 Amendment of section 30--Benefit on death before retirement 22
24 Amendment of section 31--Benefit on retirement through
disability 22
PART 8--REPEAL OF AMENDING ACT 24
25 Repeal of amending Act 24
ENDNOTES 25
571029B.I-20/8/2013 ii BILL LA INTRODUCTION 20/8/2013
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Superannuation Legislation
Amendment Bill 2013
A Bill for an Act to amend the Emergency Services Superannuation
Act 1986, the Parliamentary Salaries and Superannuation Act
1968, the State Employees Retirement Benefits Act 1979, the State
Superannuation Act 1988 and the Transport Superannuation Act
1988, to repeal The Constitution Act Amendment Act 1958 and the
Parliamentary Contributory Superannuation Act 1962 and for
other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this is to--
(a) make miscellaneous amendments to
5 specified Superannuation Acts to improve
the operation of those Acts; and
571029B.I-20/8/2013 1 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 1--Preliminary
s. 2
(b) repeal The Constitution Act Amendment
Act 1958 and the Parliamentary
Contributory Superannuation Act 1962
which are spent Acts.
5 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2014, it comes into
10 operation on that day.
__________________
571029B.I-20/8/2013 2 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 2--Emergency Services Superannuation Act 1986
s. 3
PART 2--EMERGENCY SERVICES SUPERANNUATION
ACT 1986
Division 1--General amendments
3 Amendment of section 3(1)--definition of nominee
5 substituted
In section 3(1) of the Emergency Services See:
Act No.
Superannuation Act 1986, for the definition of 94/1986.
nominee substitute-- Reprint No. 7
as at
1 January
"nominee, in relation to a deceased contributor or 2011.
10 former contributor, means-- LawToday:
www.
(a) any person nominated by the legislation.
vic.gov.au
contributor as a nominated personal
representative under section 20N(1); or
(b) any person deemed to be a contributor's
15 nominated personal representative
under section 20N(3); or
(c) any person over the age of 18 years
who is not in the opinion of the Board a
full-time student and to whom the
20 contributor has been the natural or
adoptive parent;".
4 Amendment of section 8--Vacancies on Board
In section 8(1)(e) of the Emergency Services
Superannuation Act 1986, for "Governor in
25 Council" substitute "Minister".
5 Amendment of section 13--Chief Executive Officer
For sections 13(2) to (5) of the Emergency
Services Superannuation Act 1986 substitute--
"(2) The Chief Executive Officer is to be
30 appointed by the Board with the approval of
the Minister.
571029B.I-20/8/2013 3 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 2--Emergency Services Superannuation Act 1986
s. 6
(3) Subject to this section, the terms and
conditions of appointment of the Chief
Executive Officer are to be determined by
the Board with the approval of the
5 Minister.".
6 Amendment of section 20B--Membership
After section 20B(4) of the Emergency Services
Superannuation Act 1986 insert--
"(5) A contributor may cease membership of the
10 Scheme at any time after attaining the age of
65 years.".
7 Amendment of section 20E--Death of contributor
or police recruit
(1) In section 20E(1) of the Emergency Services
15 Superannuation Act 1986, for "Upon" substitute
"Subject to subsection (7A), upon".
(2) In section 20E(2) of the Emergency Services
Superannuation Act 1986, for "Upon" substitute
"Subject to subsection (7A), upon".
20 (3) In section 20E(4) of the Emergency Services
Superannuation Act 1986, for "Where"
substitute "Subject to subsection (7A), where".
(4) In section 20E(5) of the Emergency Services
Superannuation Act 1986, for "If" substitute
25 "Subject to subsection (7A), if".
(5) In section 20E(6) of the Emergency Services
Superannuation Act 1986, for "On" substitute
"Subject to subsection (7A), on".
(6) After section 20E(7) of the Emergency Services
30 Superannuation Act 1986 insert--
"(7A) Subject to any specified standards, if the
contributor or police recruit has given the
Board a notice in the form approved by the
Board, the Board must pay the death benefit
571029B.I-20/8/2013 4 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 2--Emergency Services Superannuation Act 1986
s. 8
in respect of the contributor or police recruit
that is payable under this section in
accordance with the notice.".
8 Amendment of section 20F--Disability of
5 contributor or police recruit
After section 20F(22) of the Emergency Services
Superannuation Act 1986 insert--
"(23) Despite anything to the contrary in this
section, a former contributor or former police
10 recruit may at any time within the period of
6 years from the date on which they ceased
employment apply to the Board for the
payment of a benefit under this section on
the ground that they were suffering from
15 disability at the time they ceased
employment irrespective of whether the
former contributor or former police recruit
had made a statement under section 20K(1)
at the time that they ceased employment.
20 (24) For the purposes of subsection (23), a
reference in this section to the contributor
terminating service is to be construed as a
reference to the contributor ceasing
employment.".
25 9 Section 20N substituted--Nominated personal
representatives
For section 20N of the Emergency Services
Superannuation Act 1986 substitute--
"20N Nominated personal representatives
30 (1) A contributor may nominate any natural
person as a nominated personal
representative for the purposes of this Part.
571029B.I-20/8/2013 5 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 2--Emergency Services Superannuation Act 1986
s. 10
(2) The nomination must be made in a manner
determined by the Board.
(3) A contributor's--
(a) natural and adoptive parents; and
5 (b) siblings (whether or not they are related
by blood to the contributor)--
are deemed to be a contributor's nominated
personal representatives for the purposes of
this Part.
10 (4) A nomination made under this section as in
force before the commencement of section 9
of the Superannuation Legislation
Amendment Act 2013 continues to have
effect as if it were made under this section as
15 in force after that commencement.".
10 Amendment of section 20O--Death benefit when no
dependants
(1) In section 20O(1) of the Emergency Services
Superannuation Act 1986, after "Part" insert
20 ", other than section 20E(7A),".
(2) In section 20O(2) of the Emergency Services
Superannuation Act 1986, for "legal personal
representatives" substitute "nominated personal
representatives".
25 11 Amendment of section 20P--Payment of benefits in
case of multiple claimants
In section 20P(1) of the Emergency Services
Superannuation Act 1986, for "If" substitute
"Subject to section 20E(7A), if".
571029B.I-20/8/2013 6 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 2--Emergency Services Superannuation Act 1986
s. 12
Division 2--Transfer of Parliamentary Contributory
Superannuation Fund
12 Amendment of section 3--Definitions
In section 3(1) of the Emergency Services
5 Superannuation Act 1986--
(a) in the definition of eligible beneficiary after
"this Act" insert "or Part 3 of the
Parliamentary Salaries and
Superannuation Act 1968";
10 (b) in the definition of Superannuation Act,
after paragraph (a) insert--
"(ab) Part 3 of the Parliamentary Salaries
and Superannuation Act 1968;";
(c) insert the following definition--
15 "Parliamentary Contributory
Superannuation Fund means the
Parliamentary Contributory
Superannuation Fund established and
kept under Part 3 of the Parliamentary
20 Salaries and Superannuation Act
1968 and as in existence immediately
before the commencement of section 12
of the Superannuation Legislation
Amendment Act 2013;".
25 13 Amendment of section 4--Application of Act
After section 4(9) of the Emergency Services
Superannuation Act 1986 insert--
"(10) For the avoidance of doubt, despite the
transfer of the Parliamentary Contributory
30 Superannuation Fund, a member of the
Parliament of Victoria who under Part 3 of
the Parliamentary Salaries and
Superannuation Act 1968 is entitled to be a
member of the Scheme cannot become a
35 member of the ESSPLAN Scheme.".
571029B.I-20/8/2013 7 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 2--Emergency Services Superannuation Act 1986
s. 14
14 New Part 4AC inserted
After Part 4AB of the Emergency Services
Superannuation Act 1986 insert--
"PART 4AC--TRANSFER OF THE
5 PARLIAMENTARY CONTRIBUTORY
SUPERANNUATION FUND AND RELATED
MATTERS
22DN Definitions
In this Part--
10 commencement day means the day on which
section 14 of the Superannuation
Legislation Amendment Act 2013 comes
into operation;
Parliamentary Trustee means the Parliamentary
15 Trustee established under the Parliamentary
Salaries and Superannuation Act 1968 as
in force immediately before the
commencement day;
specified date means the end of the day
20 immediately before the commencement day.
22DO Transfer of assets and liabilities of the
Parliamentary Contributory
Superannuation Fund
(1) On the commencement day, the assets and
25 liabilities of the Parliamentary Contributory
Superannuation Fund are by virtue of this
section transferred to the Scheme and form
part of the Scheme.
(2) On and after the commencement day--
30 (a) deductions from the salaries of
members and any other money received
or recovered by the Board under Part 3
of the Parliamentary Salaries and
571029B.I-20/8/2013 8 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 2--Emergency Services Superannuation Act 1986
s. 14
Superannuation Act 1968 are to be
paid into the Scheme;
(b) the benefits provided for in Part 3 of the
Parliamentary Salaries and
5 Superannuation Act 1968 are to be
paid out of the Scheme;
(c) the costs of administering that Act are
to be paid out of the Scheme.
(3) The transfer effected by this section does not
10 affect the benefits and entitlements conferred
or the duties and obligations imposed under
Part 3 of the Parliamentary Salaries and
Superannuation Act 1968.
22DP Board is successor in law
15 (1) On the commencement day--
(a) the Board is the successor in law of the
Parliamentary Trustee;
(b) the Parliamentary Trustee ceases to
exist and the trustees go out of office.
20 (2) If, immediately before the commencement
day, proceedings in respect of the
Parliamentary Contributory Superannuation
Fund to which the Parliamentary Trustee was
a party were pending or existing in any court
25 or tribunal, then, on and after that
commencement, the Board is substituted for
the Parliamentary Trustee as a party to the
proceedings and has the same rights and
obligations in the proceedings as the
30 Parliamentary Trustee.
571029B.I-20/8/2013 9 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 2--Emergency Services Superannuation Act 1986
s. 14
(3) If, immediately before the commencement
day, proceedings in respect of which the
Parliamentary Trustee was a party were
pending or existing in any court or tribunal,
5 then, on and after that commencement, the
Board is substituted for the Parliamentary
Trustee as a party to the proceedings and has
the same rights and obligations in the
proceedings as the Parliamentary Trustee.
10 (4) On and after the commencement day, any
reference in any Act (other than this Act),
regulation, subordinate instrument or other
document whatsoever to the Parliamentary
Trustee is to be construed as a reference to
15 the Board, unless the contrary intention
appears.
22DQ Exemption from stamp duty or other tax
No stamp duty or other tax is payable under
any Act in respect of anything done under
20 this Part.
22DR Transitional provision--Registrar of
Titles
The Registrar of Titles, on being requested to
do so and on delivery of any relevant
25 certificate of title or instrument, must make
any amendments in the Register that are
necessary because of the operation of this
Part.
22DS Actuarial investigation
30 (1) The Board must appoint an actuary to make
an actuarial investigation as to the state and
sufficiency of the Parliamentary
Contributory Superannuation Fund as at the
specified date.
571029B.I-20/8/2013 10 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 2--Emergency Services Superannuation Act 1986
s. 14
(2) The actuary must certify in the actuarial
investigation the amount that is required to
be paid to the Scheme in the financial years
ending 30 June 2014 and 30 June 2015 in
5 addition to the other assets and income of the
Parliamentary Contributory Superannuation
Fund to enable the liability for benefits
provided for in Part 3 of the Parliamentary
Salaries and Superannuation Act 1968 and
10 the costs of administering that Act to be met.
(3) The Board must submit the actuary's report
of the investigation to the Minister within the
period of 6 months after the specified date.
(4) The Minister must cause the actuary's report
15 submitted to the Minister under subsection
(3) to be laid before the Legislative Council
and the Legislative Assembly before the
expiration of the seventh sitting day of the
Legislative Council or the Legislative
20 Assembly, as the case may be, after the
actuary's report has been received by the
Minister.
(5) The Treasurer may pay from the
Consolidated Fund into the Scheme the
25 amounts determined under subsection (2).
(6) The Consolidated Fund is to the necessary
extent appropriated accordingly.
22DT Scheme may be supplemented by
Consolidated Fund
30 If the actuary certifies in an actuarial
investigation under section 19 that the
amount to the credit of the Scheme held in
respect of the benefits provided for in Part 3
of the Parliamentary Salaries and
35 Superannuation Act 1968 and the costs of
administering that Act is insufficient to meet
571029B.I-20/8/2013 11 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 2--Emergency Services Superannuation Act 1986
s. 14
that liability, money may be applied out of
the Consolidated Fund (which is hereby to
the necessary extent appropriated
accordingly) to meet the amount of that
5 insufficiency as certified by the actuary.
__________________".
__________________
571029B.I-20/8/2013 12 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 3--Repeal of Spent Acts
s. 15
PART 3--REPEAL OF SPENT ACTS
15 Repeals
(1) The Constitution Act Amendment Act 1958 is See:
Act No.
repealed. 6224.
Reprint No. 9
as at
1 September
2002
and
amending
Act Nos
78/2004 and
108/2004.
LawToday:
www.
legislation.
vic.gov.au
5 (2) The Parliamentary Contributory See:
Act No.
Superannuation Act 1962 is repealed. 6968.
Reprint No. 2
as at
22 December
1993
and
amending
Act No.
78/2004.
LawToday:
www.
legislation.
vic.gov.au
__________________
571029B.I-20/8/2013 13 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 4--Parliamentary Salaries and Superannuation Act 1968
s. 16
PART 4--PARLIAMENTARY SALARIES AND
SUPERANNUATION ACT 1968
16 Consequential amendments
See: (1) In section 7A(6) of the Parliamentary Salaries
Act No.
5 7723. and Superannuation Act 1968 for
Reprint No. 10 "Parliamentary Contributory Superannuation
as at
10 September Fund" substitute "Scheme under Part 3".
2010
and (2) In section 7E(1)(a) of the Parliamentary Salaries
amending
Act Nos
and Superannuation Act 1968 for "to whom
10 41/2007, Division 3 or 4 of Part 3 applies" substitute
4/2009,
13/2010,
"of the Scheme under Part 3".
40/2010,
37/2011, (3) In the heading to Part 3 of the Parliamentary
46/2011, Salaries and Superannuation Act 1968 for
34/2012 and
37/2013. "PARLIAMENTARY CONTRIBUTORY
15 LawToday: SUPERANNUATION FUND" substitute
www.
legislation. "THE SCHEME".
vic.gov.au
(4) In section 10(1) of the Parliamentary Salaries
and Superannuation Act 1968 the definitions of
Fund, secretary and trustee are repealed.
20 (5) In section 10(1) of the Parliamentary Salaries
and Superannuation Act 1968 insert the
following definitions--
"Board means the Emergency Services
Superannuation Board established under
25 section 5 of the Emergency Services
Superannuation Act 1986;
Scheme means the Scheme established under
section 15 of the Emergency Services
Superannuation Act 1986;".
30 (6) In section 10(1) of the Parliamentary Salaries
and Superannuation Act 1968, in the
definition of net earning rate for "Fund"
(wherever occurring) substitute "Scheme".
571029B.I-20/8/2013 14 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 4--Parliamentary Salaries and Superannuation Act 1968
s. 16
(7) In sections 10, 10A, 10B, 17, 18, 18AA, 18A,
18B, 21A, 21B, 21C, 21CB, 21CC, 21CD, 21CE,
21CG, 23, 23A, 24, 24A, 24B, 24C, 24D, 24E
and 24F of the Parliamentary Salaries and
5 Superannuation Act 1968 for "Parliamentary
Trustee" (wherever occurring) substitute "Board".
(8) Sections 11, 11A, 11B, 11C, 12 and 13 of the
Parliamentary Salaries and Superannuation
Act 1968 are repealed.
10 (9) In sections 15(1A), 18B(2), 21B, 21CC(3), (4),
21CE, 23(1), (2), 24A and 24D(1) of the
Parliamentary Salaries and Superannuation
Act 1968 for "Fund" (wherever occurring)
substitute "Scheme".
15 (10) In the heading to section 18AA of the
Parliamentary Salaries and Superannuation
Act 1968 for "Parliamentary Trustee's"
substitute "Board's".
(11) In section 21CA of the Parliamentary Salaries
20 and Superannuation Act 1968, in the definition
of value of the member spouse's interest in the
Fund for "Fund" substitute "Scheme".
(12) Insert the following heading to section 24A of the
Parliamentary Salaries and Superannuation
25 Act 1968--
"Money owing to the Scheme".
(13) Insert the following heading to section 24B of the
Parliamentary Salaries and Superannuation
Act 1968--
30 "Person may request Board to reconsider
decision".
571029B.I-20/8/2013 15 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 4--Parliamentary Salaries and Superannuation Act 1968
s. 16
(14) In sections 24B(5) and 24D(4) of the
Parliamentary Salaries and Superannuation
Act 1968 for "Parliamentary Trustee's" substitute
"Board's".
__________________
571029B.I-20/8/2013 16 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 5--State Employees Retirement Benefits Act 1979
s. 17
PART 5--STATE EMPLOYEES RETIREMENT BENEFITS
ACT 1979
17 Amendment of section 39--Amount of lump sum
and pension on retirement
5 (1) In section 39(1) of the State Employees See:
Act No.
Retirement Benefits Act 1979, for "and (3)" 9363.
substitute ", (2A) and (3)". Reprint No. 7
as at
10 September
(2) For section 39(2) of the State Employees 2009
Retirement Benefits Act 1979 substitute-- and
amending
10 "(2) Benefits payable to a member who retires Act Nos
4/2009,
after the age of 75 years are to be calculated 13/2010,
as though the member had retired on 40/2010,
78/2010 and
their 75th birthday, but interest is payable 29/2011.
on the lump sum from the date of their LawToday:
www.
15 75th birthday until the date of the member's legislation.
retirement at a rate determined actuarially. vic.gov.au
(2A) Benefits payable to a member who retires
after the permitted contributions age are to
be calculated as though the member had
20 retired on the date they attained the permitted
contributions age, but interest is payable on
the lump sum from the date they attained the
permitted contributions age until the date of
the member's retirement at a rate determined
25 actuarially.
(2B) In subsection (2A), permitted contributions
age means the age up to which
Commonwealth superannuation law permits
contributions to be made on behalf of a
30 member.".
571029B.I-20/8/2013 17 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 5--State Employees Retirement Benefits Act 1979
s. 18
18 Amendment of section 53--Disability benefits
At the end of section 53 of the State Employees
Retirement Benefits Act 1979 insert--
"(2) A member who ceases employment after the
5 commencement of section 18 of the
Superannuation Legislation Amendment
Act 2013 may at any time within the period
of 6 years from the date on which they cease
employment apply to the Board for the
10 payment of disability benefits in accordance
with this Part.".
19 Amendment of section 54--Board to make
determination as to entitlement to disability benefits
In section 54(1) of the State Employees
15 Retirement Benefits Act 1979 after "grounds of
disability" insert "or under section 53(2),".
__________________
571029B.I-20/8/2013 18 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 6--State Superannuation Act 1988
s. 20
PART 6--STATE SUPERANNUATION ACT 1988
20 Amendment of section 34--Pension entitlement on
retirement through disability
After section 34(7) of the State Superannuation See:
Act No.
5 Act 1988 insert-- 50/1988.
Reprint No. 7
"(8) A revised scheme member who ceases as at
10 September
employment after the commencement of 2009
section 20 of the Superannuation and
amending
Legislation Amendment Act 2013 may at Act Nos
10 any time within the period of 6 years from 4/2009,
13/2010,
the date on which they cease employment 40/2010,
apply to the Board for the payment of a 78/2010 and
28/2013.
pension in accordance with this section. LawToday:
www.
(9) For the purposes of subsection (8), a legislation.
15 reference in this section to the retirement of vic.gov.au
the revised scheme member is to be
construed as a reference to the revised
scheme member ceasing employment.".
21 Amendment of section 53--Benefit on death of new
20 scheme member before retirement
(1) In section 53(3) of the State Superannuation Act
1988, for "On" substitute "Unless subsection
(8A) applies, on".
(2) In section 53(4) of the State Superannuation Act
25 1988, for "Subject" substitute "Unless subsection
(8A) applies, subject".
(3) In section 53(4A) of the State Superannuation
Act 1988, for "On" substitute "Unless subsection
(8A) applies, on".
30 (4) In section 53(5) of the State Superannuation Act
1988, for "On" substitute "Unless subsection
(8A) applies, on".
(5) In section 53(5A) of the State Superannuation
Act 1988, for "If" substitute "Unless subsection
35 (8A) applies, if".
571029B.I-20/8/2013 19 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 6--State Superannuation Act 1988
s. 22
(6) In section 53(6) of the State Superannuation Act
1988, for "On" substitute "Unless subsection
(8A) applies, on".
(7) In section 53(7) of the State Superannuation Act
5 1988, for "If" substitute "Unless subsection (8A)
applies, if".
(8) In section 53(8) of the State Superannuation Act
1988, for "The" substitute "Subject to subsection
(8A), the".
10 (9) After section 53(8) of the State Superannuation
Act 1988 insert--
"(8A) Subject to any specified standards, if the new
scheme member has given the Board a notice
in the form approved by the Board, the
15 Board must pay the death benefit in respect
of the new scheme member that is payable
under this section in accordance with the
notice.".
22 Amendment of section 54--Benefit on retirement
20 through disability
After section 54(4) of the State Superannuation
Act 1988 insert--
"(5) A new scheme member who ceases
employment after the commencement of
25 section 22 of the Superannuation
Legislation Amendment Act 2013 may at
any time within the period of 6 years from
the date on which they cease employment
apply to the Board for the payment of a
30 pension in accordance with this section.
571029B.I-20/8/2013 20 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 6--State Superannuation Act 1988
s. 22
(6) For the purposes of subsection (5), a
reference in this section to the retirement of
the new scheme member is to be construed
as a reference to the new scheme member
5 ceasing employment.".
__________________
571029B.I-20/8/2013 21 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 7--Transport Superannuation Act 1988
s. 23
PART 7--TRANSPORT SUPERANNUATION ACT 1988
23 Amendment of section 30--Benefit on death before
retirement
See: (1) In section 30(1) of the Transport
Act No.
5 33/1988. Superannuation Act 1988, for "On" substitute
Reprint No. 6 "Unless subsection (5A) applies, on".
as at
4/2009,
13/2010,
(2) In section 30(2) of the Transport
40/2010 and Superannuation Act 1988, for "On" substitute
78/2010.
LawToday:
"Unless subsection (5A) applies, on".
www.
10 legislation. (3) In section 30(2A) of the Transport
vic.gov.au Superannuation Act 1988, for "If" substitute
"Unless subsection (5A) applies, if".
(4) In section 30(3) of the Transport
Superannuation Act 1988, for "If" substitute
15 "Unless subsection (5A) applies, if".
(5) In section 30(5) of the Transport
Superannuation Act 1988, for "The" substitute
"Subject to subsection (5A), the".
(6) After section 30(5) of the Transport
20 Superannuation Act 1988 insert--
"(5A) Subject to any specified standards, if the
member has given the Board a notice in the
form approved by the Board, the Board must
pay the death benefit in respect of the
25 member that is payable under this section in
accordance with the notice.".
24 Amendment of section 31--Benefit on retirement
through disability
After section 31(5) of the Transport
30 Superannuation Act 1988 insert--
"(6) A person who ceases employment after the
commencement of section 24 of the
Superannuation Legislation Amendment
Act 2013 may at any time within the period
571029B.I-20/8/2013 22 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 7--Transport Superannuation Act 1988
s. 24
of 6 years from the date on which they cease
employment apply to the Board for the
payment of a benefit under this section.
(7) For the purposes of subsection (6), a
5 reference in this section to the retirement of
the person is to be construed as a reference to
the person ceasing employment.".
__________________
571029B.I-20/8/2013 23 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Part 8--Repeal of Amending Act
s. 25
PART 8--REPEAL OF AMENDING ACT
25 Repeal of amending Act
This Act is repealed on 1 July 2015.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments or repeals made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
571029B.I-20/8/2013 24 BILL LA INTRODUCTION 20/8/2013
Superannuation Legislation Amendment Bill 2013
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571029B.I-20/8/2013 25 BILL LA INTRODUCTION 20/8/2013
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