Port of Melbourne Authority (Superannuation) (Amendment) Regulations 1997

i Port of Melbourne Authority (Superannuation) (Amendment) Regulations 1997 S.R. No. 52/1997 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 2 3. Principal Regulations 2 4. Amendment of regulation 6 2 5. Amendment of regulation 7B 3 6. Amendment of regulation 7I 3 7. Amendment of regulations 9 and 31 3 8. Amendment of regulation 19 3 9. Amendment of regulation 23 4 10. Amendment of regulation 24 4 11. Amendment of regulation 25 5 12. Revocation of regulation 26 5 13. Amendment of regulation 28 5 14. Revocation of regulation 29 6 15. Revocation of regulation 44 6 ═══════════════ NOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 1997 S.R. No. 52/1997 Port of Melbourne Authority Act 1958 Port of Melbourne Authority (Superannuation) (Amendment) Regulations 1997 The Governor in Council approves the making of the following Regulations by the Port of Melbourne Authority: Dated: 17 June 1997 Responsible Minister: ROGER HALLAM Minister for Finance SHARNE BRYAN Clerk of the Executive Council The Port of Melbourne Authority makes the following Regulations: Dated: 20 June 1997 The common seal of the Port of Melbourne Authority was affixed to these Regulations on that date in the presence of Authorised Officer: GRAHAM BROOKE Authorised Officer: Administrator and the sole board member Port of Melbourne Authority 1. Objective The objective of these Regulations is to make amendments to the Principal Regulations to— (a) update regulations to comply with State and Federal anti-discriminatory law in relation to a spouse; -- 2 of 8 -- S.R. No. 52/1997 Port of Melbourne Authority (Superannuation) (Amendment) Regulations 1997 2 (b) insert the standard definition of "child"; (c) replace the name of the State Superannuation Board with the Victorian Superannuation Board, which is the successor in law to the State Superannuation Board; (d) revoke redundant regulations relating to Commonwealth occupational superannuation standards; (e) revoke a redundant regulation in relation to the imprisonment of a pensioner. 2. Authorising provision These Regulations are made under sections 36 and 136 of the Port of Melbourne Authority Act 1958. 3. Principal Regulations In these Regulations the Port of Melbourne Authority (Superannuation) Regulations 19891 are referred to as the Principal Regulations. 4. Amendment of regulation 6 (1) In regulation 6(1) of the Principal Regulations, after the definition of "Actuary", insert— ' "child" in relation to a contributor or pensioner means a child of himself or herself or of his or her spouse other than any child born more than 10 months after his or her death who is— (a) under 18 years of age; or (b) between the age of 18 and 25 years and in the opinion of the Trustee is a full- time student.'. (2) In regulation 6(1) of the Principal Regulations, for the definition of "spouse", substitute— r. 2 -- 3 of 8 -- S.R. No. 52/1997 Port of Melbourne Authority (Superannuation) (Amendment) Regulations 1997 3 ' "spouse" means in relation to a person— (a) that person's husband, wife, widower or widow; or (b) a person of the opposite sex who, though not legally married to the first mentioned person, in the opinion of the Trustee lives or lived with the first mentioned person as at the relevant date (being, in the case of a deceased person, the date of death) on a bona fide domestic basis as the husband or wife of the first mentioned person.'. 5. Amendment of regulation 7B Regulation 7B(1)(d) of the Principal Regulations is revoked. 6. Amendment of regulation 7I Regulation 7I of the Principal Regulations is revoked. 7. Amendment of regulations 9 and 31 In regulations 9(2)(a) and 31(2) of the Principal Regulations, for "State Superannuation Board" substitute "Victorian Superannuation Board". 8. Amendment of regulation 19 (1) In regulation 19(4) of the Principal Regulations, omit "or a dependent person". (2) In regulation 19(5) of the Principal Regulations— (a) for "marries" substitute "has a spouse"; (b) for "marriage" substitute "spouse and that person, born after becoming his or her spouse". r. 5 -- 4 of 8 -- S.R. No. 52/1997 Port of Melbourne Authority (Superannuation) (Amendment) Regulations 1997 4 9. Amendment of regulation 23 (1) Regulation 23(2)(a) of the Principal Regulations is revoked. (2) In regulation 23(2)(b) of the Principal Regulations, omit "or as a dependent person". 10. Amendment of regulation 24 (1) Regulation 24(2)(a) of the Principal Regulations is revoked. (2) In regulation 24(2)(b) of the Principal Regulations, omit "or as a dependent person". (3) After regulation 24(2) of the Principal Regulations, insert— "(2A) Despite anything to the contrary in these Regulations, only one pension is payable in the case of the death of a deceased contributor or pensioner to a spouse and if after the Trustee has made reasonable enquiries more than one person should appear to the Trustee to qualify for that pension then— (a) if the contributor or pensioner has by request in writing to the Board directed that the pension be paid wholly to one of the persons qualified to receive it or that each is to be paid part, the Trustee must give effect to the expressed intentions; (b) if paragraph (a) does not apply, the Trustee must in its absolute discretion determine which of the persons who qualifies is to receive the pension or apportion it between them as the Trustee considers appropriate.". (4) In regulation 24(3) of the Principal Regulations— r. 9 -- 5 of 8 -- S.R. No. 52/1997 Port of Melbourne Authority (Superannuation) (Amendment) Regulations 1997 5 (a) for "marries" substitute "has a spouse"; (b) omit "of that marriage", where first occurring; (c) for "the pensioner was at the time of the marriage" substitute "at the time that the person became the pensioner's spouse, the pensioner was"; (d) for "the marriage took place" substitute "the person became the pensioner's spouse". (5) In regulation 24(4) of the Principal Regulations, for "of the marriage" substitute "the person became the pensioner's spouse". (6) In regulation 24(5) of the Principal Regulations, for "marries the pensioner" substitute "becomes the pensioner's spouse". (7) Regulation 24(6) of the Principal Regulations is revoked. 11. Amendment of regulation 25 (1) For regulation 25(1) of the Principal Regulations, substitute— "(1) If a benefit is not payable to a spouse of a revised scheme contributor the pension for each child of the revised scheme contributor will be at the rate applicable under sub- regulation (2) or at the rate of $624 whichever is the greater.". (2) In regulation 25(3) of the Principal Regulations, for "23, 24 or 26" substitute "23 or 24". 12. Revocation of regulation 26 Regulation 26 of the Principal Regulations is revoked. 13. Amendment of regulation 28 r. 11 r. 13 -- 6 of 8 -- S.R. No. 52/1997 Port of Melbourne Authority (Superannuation) (Amendment) Regulations 1997 6 For regulation 28(1) of the Principal Regulations, substitute— "(1) A person who is entitled to a pension as the spouse of a revised scheme contributor or former revised scheme contributor may— (a) within 6 months of attaining the age of 55 years; or (b) within the period of 6 months immediately after the death of the revised scheme contributor or former revised scheme contributor— elect in writing to commute up to 100 per cent of his or her pension entitlement to a lump sum payment as determined by multiplying the annual pension entitlement by the appropriate factor for age in Schedule 3.". 14. Revocation of regulation 29 Regulation 29 of the Principal Regulations is revoked. 15. Revocation of regulation 44 Regulation 44 of the Principal Regulations is revoked. ═══════════════ -- 7 of 8 -- S.R. No. 52/1997 Port of Melbourne Authority (Superannuation) (Amendment) Regulations 1997 7 NOTES 1 S.R. No. 90/1989 as amended by S.R. Nos 261/1991, 214/1992 and 155/1993 and Act No. 82/1996. Notes -- 8 of 8 --