State Superannuation Regulations 2008

State Superannuation Regulations 2008 S.R. No. 69/2008 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 2 5 Definitions 2 6 Minimum age of retirement 4 7 Salary 5 8 Prescribed superannuation schemes 7 9 Rates of interest 7 10 Conversion of pension to lump sum 8 11 Election to change contribution rate—new scheme members 8 12 Payment of contributions 8 13 Additional period of recognised service 9 __________________ SCHEDULES 12 SCHEDULE 1—Specified Classification 12 SCHEDULE 2—Specified Classification 13 SCHEDULE 3—Factors to be Applied to Total Contributions without Interest as at 30 June 1987 to Produce Total Contributions with Interest at that Date 15 ═══════════════ ENDNOTES 16 i -- 1 of 17 -- STATUTORY RULES 2008 S.R. No. 69/2008 State Superannuation Act 1988 State Superannuation Regulations 2008 The Administrator of the State of Victoria as the Governor's deputy with the advice of the Executive Council, after consideration of a report from the Emergency Services Superannuation Board, makes the following Regulations: Dated: 24 June 2008 Responsible Minister: TIM HOLDING Minister for Finance, WorkCover and the Transport Accident Commission RYAN HEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to specify certain requirements and conditions for the purposes of the operation of the State Superannuation Act 1988. 2 Authorising provision These Regulations are made under section 92 of the State Superannuation Act 1988. 3 Commencement These Regulations come into operation on 29 June 2008. 1 -- 2 of 17 -- S.R. No. 69/2008 State Superannuation Regulations 2008 r. 4 4 Revocation The State Superannuation Regulations 19981 and the State Superannuation (Amendment) Regulations 20062 are revoked. 5 Definitions (1) In these Regulations— Board means the Emergency Services Superannuation Board established under section 5 of the Emergency Services Superannuation Act 1986; child adolescent and family welfare officer means— (a) an employee of— (i) the Department of Human Services; or (ii) the former Office of Corrections who was transferred by Administrative Arrangements Order (No. 8) 1983— who, prior to 3 July 1998, has been employed in one or more of the classifications specified in Schedule 1, or in a classification deemed by the Board as equivalent; or (b) an employee of the Department of Human Services who, prior to 3 July 1998, was employed at Baltara Reception Centre in one or more of the classifications specified in Schedule 1, or at a classification deemed by the Board as equivalent; 2 -- 3 of 17 -- S.R. No. 69/2008 State Superannuation Regulations 2008 r. 5 custodial officer means an employee of Corrections Victoria or the Department of Justice who, prior to 3 July 1998, is or has been employed in one or more of the classifications specified in Schedule 2, or a classification deemed by the Board to be equivalent; prescribed class of members means a class of officers all the members of which are— (a) custodial officers; or (b) prescribed fire-fighters; or (c) child adolescent and family welfare officers; or (d) police officers other than the Chief Commissioner of Police; prescribed fire-fighter means an officer or employee of the Department of Sustainability and Environment, the Department of Primary Industries, the Department of Planning and Community Development, the Department of Transport, VicForests or Parks Victoria who the Board is satisfied can demonstrate a substantial involvement in fire-fighting, either directly or in a support role; prescribed superannuation scheme means a superannuation scheme prescribed by regulation 8; the Act means the State Superannuation Act 1988. 3 -- 4 of 17 -- S.R. No. 69/2008 State Superannuation Regulations 2008 r. 6 (2) For the purposes of the definition of prescribed fire-fighter in subregulation (1), the Board may be satisfied that an officer or employee can demonstrate a substantial involvement in fire- fighting, either directly or in a support role, if the Secretary to the Department of Sustainability and Environment gives the Board a certificate that the officer or employee has a substantial involvement in fire-fighting, either directly or in a support role. (3) A certificate issued by the Secretary for the purposes of the definition of prescribed fire-fighter as in force immediately before the commencement of the State Superannuation (Amendment) Regulations 2006 continues to have effect while the person in respect of whom it was issued— (a) has a substantial involvement in fire- fighting, either directly or in a support role; and (b) is an officer or employee of the Department of Sustainability and Environment, the Department of Primary Industries, the Department of Planning and Community Development, the Department of Transport, VicForests or Parks Victoria. 6 Minimum age of retirement (1) For the purposes of paragraph (b) of the definition of minimum age for retirement in section 3(1) of the Act, the minimum age for retirement of— (a) a custodial officer who has completed not less than 5 years of recognised service as a custodial officer; or (b) a prescribed fire-fighter who has completed not less than 10 years of recognised service as a fire-fighter; or 4 -- 5 of 17 -- S.R. No. 69/2008 State Superannuation Regulations 2008 r. 7 (c) a prescribed fire-fighter who as at 1 November 1983 was aged not less than 40 years and who has completed not less than 5 years of recognised service as a fire-fighter; or (d) a police officer other than the Chief Commissioner of Police; or (e) a child adolescent and family welfare officer who has completed not less than 5 years of recognised service in direct care delivery as a child adolescent and family welfare officer— is 50 years or the age (not later than 55 years) at which the required years of recognised service (if any) are completed. (2) For the purposes of subregulation (1)(e), recognised service may include the performance of duties deemed by the Board as equivalent at Allambie Reception Centre if that service was performed immediately prior to becoming a child adolescent and family welfare officer. 7 Salary For the purposes of paragraph (e) of the definition of salary in section 3(1) of the Act, salary includes— (a) an additional amount of remuneration paid for performing shift work which is— (i) for custodial officers, 15 per cent of salary as otherwise determined by the Board; or (ii) for officers other than custodial officers, calculated according to the Schedule of shift allowances approved by the Board and published from time to time in the Government Gazette provided that— 5 -- 6 of 17 -- S.R. No. 69/2008 State Superannuation Regulations 2008 r. 7 (A) for the purposes of calculating benefits under sections 33, 44, 46, 52, 57, 58 or 83A of the Act the shift work has been performed for not less than 3 years immediately prior to the date at which the benefits become payable or would but for absence when the officer has received weekly payments under the Accident Compensation Act 1985 or absence on approved leave or temporary performance of alternative duties at the request of the employing authority for less than 12 months have been performed for not less than 3 years immediately prior to the date at which the benefits become payable; and (B) any additional contributions paid in respect of shift allowances by a member who becomes eligible for benefits under sections 33, 44, 46, 52, 57, 58 or 83A of the Act, without having completed 3 years of shift work immediately prior to the date at which the benefits become payable, shall be refunded with interest calculated in accordance with regulation 9; and (b) any commuted allowance that is payable during periods of recreation leave and long service leave; and 6 -- 7 of 17 -- S.R. No. 69/2008 State Superannuation Regulations 2008 r. 8 (c) the annual amount of any gratuity certified under section 20(2)(e) of the Public Administration Act 2004 where the gratuity continues to be payable while the member performs definite special duties. 8 Prescribed superannuation schemes The following superannuation schemes are prescribed for the purposes of section 4 of the Act— (a) any superannuation scheme established and maintained by an Act of Victoria or any other State, the Commonwealth, a Territory or the governing body of any authority constituted under any Act of Victoria or any other State, the Commonwealth or a Territory; (b) the Superannuation Scheme for Australian Universities; (c) the Tertiary Education Superannuation Scheme. 9 Rates of interest For the purpose of sections 46(1) and 58(1) of the Act— (a) the amount of contributions and interest as at 30 June 1987 is calculated using the factors in Schedule 3; and (b) the additional annual rates of interest to be applied from 1 July 1987 to 30 June 1988 and from 1 July to 30 June in subsequent years is the annual rate of interest published by the Board in the Government Gazette in respect of that year. 7 -- 8 of 17 -- S.R. No. 69/2008 State Superannuation Regulations 2008 r. 10 10 Conversion of pension to lump sum Under section 39(3) of the Act, a revised scheme member or pensioner who is or was a custodial officer or a child adolescent and family welfare officer may elect to convert to a lump sum payment not more than the greater of— (a) 50 per cent of the pensioner's fortnightly pension entitlement; or (b) the proportion that is equal to 25 per cent of the pensioner's final fortnightly salary— together with the same proportion of the fortnightly pension entitlement of the spouse, provided that the lump sum does not exceed the equivalent entitlement obtained by converting 100 per cent of the fortnightly pension entitlement. 11 Election to change contribution rate—new scheme members If the Board has fixed a day under section 50(5) of the Act as the day on which a new scheme member may elect to change his or her rate of contribution, the new scheme member may advise the Board of his or her election at any time during the period of 3 months before that day. 12 Payment of contributions (1) Contributions that are deducted from the after-tax salaries of contributors, and other money payable to the Board, must be paid by the employing authority on the appropriate pay day by the direct crediting of those amounts to a bank account nominated by the Board or in any other manner approved by the Board. 8 -- 9 of 17 -- S.R. No. 69/2008 State Superannuation Regulations 2008 r. 13 (2) Particulars in writing of the contributions and other money comprising the amount of payment must be provided by the employing authority to the Board on the day that the payment is made. (3) Any variation in the amount of contributions normally paid to the Board on any pay day must be explained in writing to the Board by the employing authority showing the changes that have occurred in the deductions from the contributor's after-tax salaries. 13 Additional period of recognised service (1) On and from 30 November 1993, for the purposes of paragraph (b) of the definition of recognised service in section 3(1) of the Act, the Board may on application by an officer recognise part or all of a period of continuous employment in accordance with this regulation. (2) An application can only be made while a person is an officer or by a person who ceased to be an officer between 30 November 1993 and 31 December 1994 and must be in a form determined by the Board and be accompanied by whatever documentary evidence the Board may request. (3) Subject to subregulation (4), an application may only be made in respect of part or all of the period of prior continuous employment in respect of which the applicant would have satisfied the definition of officer under section 3(1) of the Act as at 30 November 1993 had that definition applied at the relevant time. (4) The Board must not recognise a period of prior employment which was not continuous and which did not immediately precede the date on which the applicant became an officer or any part of such period during which the applicant— 9 -- 10 of 17 -- S.R. No. 69/2008 State Superannuation Regulations 2008 r. 13 (a) was or was entitled to become an officer or a member of a prescribed superannuation scheme; or (b) was employed on a part time basis but worked less than 40 per cent of normal full time working hours; or (c) was employed on a casual, sessional or fixed term contractual basis or as a part time statutory appointee; or (d) was employed under an apprenticeship, cadetship, studentship or similar arrangement except that up to 3 years nursing training with the Aged Community and Mental Health and Disability Services Divisions of the Department of Human Services (or with the former Office of Psychiatric and Intellectual Disability Services) may be recognised provided such a period has not been or cannot be recognised for the purpose of benefits provided by another prescribed superannuation scheme and that nursing training immediately preceded the date on which the applicant became an officer; or (e) received or became entitled to receive a gratuity or similar payment in respect of that prior employment period. (5) The exclusion of part of a period of prior continuous employment under subregulation (4) does not affect recognition of the balance of such an employment period during which the conditions under subregulations (3) and (4) for recognition were met. 10 -- 11 of 17 -- S.R. No. 69/2008 State Superannuation Regulations 2008 r. 13 (6) If the Board approves an application it must determine— (a) the amount of benefits applicable to the additional recognised service; and (b) on the advice of an actuary the amount of contribution to be paid by the officer in respect of that additional recognised service. (7) The actuary in advising the Board in accordance with subregulation (6) must take into account— (a) the level of member contributions payable under section 50 or 61C (as in force before it was repealed) of the Act; and (b) the applicant's salary at the time the applicant's contribution is to be paid. (8) Except in the case of an applicant who ceased to be an officer prior to 31 December 1994, the applicant's contribution determined under subregulation (6) must be paid before the applicant ceases to be an officer and where at the time of ceasing to be an officer full payment of the applicant's contribution has not been made the Board must reduce the period of additional recognised service in proportion to the unpaid amount. __________________ 11 -- 12 of 17 -- S.R. No. 69/2008 State Superannuation Regulations 2008 Sch. 1 SCHEDULES SCHEDULE 1 Regulation 5 SPECIFIED CLASSIFICATION Child Adolescent and Family Welfare Officers Levels 1–4 (including positions previously classified as Youth Officer and Child Care Officer) employed at— Melbourne Juvenile Justice Centre (formerly known as Turana Youth Training Centre) Malmsbury Youth Training Centre Parkville Youth Residential Centre (formerly known as Winlaton Youth Training Centre then became Nunawading Youth Residential Unit) Langi Kal Kal Youth Training Centre (closed) Baltara Reception Centre (closed) __________________ 12 -- 13 of 17 -- S.R. No. 69/2008 State Superannuation Regulations 2008 Sch. 2 SCHEDULE 2 Regulation 5 SPECIFIED CLASSIFICATION Governor Grade 3 Governor Grade 2 Governor Grade 1 Principal Prison Officer Chief Prison Officer Senior Prison Officer Prison Officer Senior Prison Medical Support Officer Prison Medical Support Officer Principal Industry Supervisor Senior Industry Supervisor Industry Supervisor Grade 2 Industry Supervisor Grade 1 Overseer Grade IV Overseer Grade III Overseer Grade II Overseer Grade I Supervisor Operations Manager 13 -- 14 of 17 -- S.R. No. 69/2008 State Superannuation Regulations 2008 Sch. 2 Custodial Officer Group COG 1 COG 2A COG 2B COG 3 COG 4 COG 5 COG 5A __________________ 14 -- 15 of 17 -- S.R. No. 69/2008 State Superannuation Regulations 2008 Sch. 3 SCHEDULE 3 Regulation 9(a) FACTORS TO BE APPLIED TO TOTAL CONTRIBUTIONS WITHOUT INTEREST AS AT 30 JUNE 1987 TO PRODUCE TOTAL CONTRIBUTIONS WITH INTEREST AT THAT DATE Date of entry during year ended Factor Date of entry during year ended Factor Date of entry during year ended Factor 30.6.87 1.00 30.6.71 1.93 30.6.55 2.22 30.6.86 1.07 30.6.70 1.96 30.6.54 2.23 30.6.85 1.14 30.6.69 1.99 30.6.53 2.23 30.6.84 1.21 30.6.68 2.02 30.6.52 2.24 30.6.83 1.29 30.6.67 2.05 30.6.51 2.24 30.6.82 1.37 30.6.66 2.07 30.6.50 2.24 30.6.81 1.44 30.6.65 2.09 30.6.49 2.25 30.6.80 1.51 30.6.64 2.11 30.6.48 2.25 30.6.79 1.57 30.6.63 2.13 30.6.47 2.25 30.6.78 1.62 30.6.62 2.15 30.6.46 2.25 30.6.77 1.68 30.6.61 2.16 30.6.45 2.25 30.6.76 1.73 30.6.60 2.18 30.6.44 2.25 30.6.75 1.78 30.6.59 2.19 30.6.43 2.25 30.6.74 1.82 30.6.58 2.20 30.6.42 2.25 30.6.73 1.86 30.6.57 2.21 30.6.41 2.25 30.6.72 1.90 30.6.56 2.22 30.6.40 2.25 ═══════════════ 15 -- 16 of 17 -- S.R. No. 69/2008 State Superannuation Regulations 2008 Endnotes ENDNOTES 1 Reg. 4: S.R. No. 78/1998 as amended by S.R. No. 15/2006. 2 Reg. 4: S.R. No. 15/2006. 16 -- 17 of 17 --