Superannuation Legislation Amendment Act 2010

i Superannuation Legislation Amendment Act 2010 No. 40 of 2010 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 3 PART 2—EMERGENCY SERVICES SUPERANNUATION ACT 1986 4 3 Definitions of employee and operational staff member 4 4 Definition of partner 4 5 Definition of employee 5 6 Membership 5 7 Restriction of death and disability benefits 6 8 Optional contributions during leave of absence 6 9 New section 20NA inserted 6 20NA Registration of names of dependants 6 10 Payment of benefits in case of multiple claimants 6 11 Disability and death cover under ESSPLAN 7 12 Optional additional disability and death cover under ESSPLAN 8 13 Optional disability and death cover for eligible spouses 8 14 New section 25 inserted 8 25 Disclosure of contents of medical reports 8 15 Section 28A substituted 9 28A Payment of benefits if person is incapable of managing financial affairs 9 PART 3—PARLIAMENTARY SALARIES AND SUPERANNUATION ACT 1968 10 Division 1—Preliminary 10 16 Definitions 10 17 Definition of partner 10 18 New sections 10A and 10B inserted 11 10A Registration of names of adult children 11 10B Payment of children's and adult children's allowances 12 -- 1 of 68 -- Section Page ii Division 2—Existing benefits scheme 12 19 Members' superannuation benefit 12 20 Entitlements on death of member 13 21 Repeal of section 18(8) 13 22 Exercise of Parliamentary Trustee's discretion 13 23 New section 18AA inserted 13 18AA Parliamentary Trustee's discretion to determine qualifying partners 13 Division 3—New benefits scheme 14 24 Benefits 14 25 New section 24F inserted 15 24F Disclosure of contents of medical reports 15 PART 4—POLICE REGULATION ACT 1958 16 Division 1—Preliminary 16 26 Definitions 16 Division 2—Gratuities, pensions, allowances and funds 17 27 Definitions of adult child and dependant 17 28 Entitlement of spouse to pension or gratuity 18 29 Repeal of section 44(5) 18 30 Exercise of Board's discretion 18 31 Allowances and gratuities to children and dependants 19 32 New sections 45A and 45B inserted 20 45A Registration of names of adult children 20 45B Registration of names of dependants 21 33 Election to increase pension entitlement 22 34 New section 46C inserted 22 46C Disclosure of contents of medical reports 22 35 Repeal of section 49 23 36 Section 51 substituted 23 51 Payment of benefits if person is incapable of managing financial affairs 23 37 Dismissal etc. for misconduct 24 38 Pensions payable to partner 24 39 Commutation 24 40 Reinstatement of certain discharged etc. members of force 24 Division 3—Amendments to Fourth Schedule 25 41 Part II of Fourth Schedule 25 42 Part III of Fourth Schedule 27 43 Gender neutral language 28 -- 2 of 68 -- Section Page iii Division 4—Statute law revision 29 44 Statute law revision amendments 29 PART 5—STATE EMPLOYEES RETIREMENT BENEFITS ACT 1979 30 Division 1—Preliminary 30 45 Definition of adult child 30 46 Definition of partner 30 Division 2—Contributions 31 47 Permanent employees to be members and contributors 31 48 Circumstances in which a member will cease to be a contributor 31 49 Rate of contributions 31 50 Contributions deducted from salary 32 Division 3—Pensions and benefits 32 51 Repeal of sections 28 to 31 32 52 Submission of information and medical examination 32 53 New section 43B inserted 33 43B Registration of names of adult children 33 54 Benefits for partner and children on death of member before retirement 34 55 Repeal of section 44(2) 34 56 Benefits for partner and children on death of pensioner 34 57 Repeal of section 45(7) 34 58 New section 46 inserted 35 46 Board's discretion to determine qualifying partners 35 59 Pension to child if no surviving partner 36 60 Payments for children where partner dies 36 61 Pensions payable for life 36 62 Board to make determination as to entitlement to disability benefits 37 63 Disability benefit entitlements 37 64 Discontinuance of benefits 37 65 New section 63A inserted 37 63A Disclosure of contents of medical reports 37 66 Repeal of section 64 38 67 Minimum benefits 38 Division 4—General 38 68 Power of Board to acquire information 38 69 New section 69A inserted 38 69A Continued application of member classification provisions 38 -- 3 of 68 -- Section Page iv 70 Repeal of section 70 39 71 Section 70B substituted 39 70B Payment of benefits if person is incapable of managing financial affairs 39 PART 6—STATE SUPERANNUATION ACT 1988 40 Division 1—Preliminary 40 72 Definitions 40 73 Definition of partner 40 Division 2—Revised scheme members 41 74 Contribution rates 41 75 Pension entitlement on retirement through disability 41 76 Retirement or death after return from leave of absence 41 77 New section 35A inserted 42 35A Registration of names of adult children 42 78 Pension to partner or children on death of revised scheme member 43 79 Pension to partner or children on death of revised scheme member who is a pensioner 43 80 Exercise of Board's discretion 44 81 Repeal of section 37(4) 45 82 Partner of pensioner aged 60 years or over entitled to convert part of pension to a lump sum 45 83 Payments to children 45 Division 3—New scheme members 46 84 Contribution rates 46 85 Benefit on death of new scheme member before retirement 46 86 New sections 53A and 53B inserted 47 53A Board to consider nominations of dependants 47 53B Board to consider nominations of adult children 48 Division 4—General provisions 48 87 Transfer from revised scheme to new scheme 48 88 Repeal of sections 62 to 65 48 89 Members of approved superannuation schemes 48 90 Provisions relating to children's pensions 49 91 Pensions payable for life except in case of children 49 92 Section 80 substituted 49 80 Payment of benefits if person is incapable of managing financial affairs 49 93 Contributors transferring from recognised superannuation schemes 50 94 New section 83B inserted 50 83B Disclosure of contents of medical reports 50 -- 4 of 68 -- Section Page v 95 Repeal of sections 84 and 87 51 96 New section 102 inserted 51 102 Continued application of medical classification provisions 51 PART 7—SUPERANNUATION (PORTABILITY) ACT 1989 52 97 Definition of partner 52 PART 8—TRANSPORT SUPERANNUATION ACT 1988 53 98 Definition of partner 53 99 Contributions by members 53 100 Benefit on death before retirement 54 101 New section 30A inserted 54 30A Board to consider nominations of dependants 54 102 New section 40A inserted 55 40A Disclosure of contents of medical reports 55 103 Section 48 substituted 55 48 Payment of benefits if person is incapable of managing financial affairs 55 PART 9—AMENDMENTS RELATING TO REVERSIONARY PENSIONS AND SAME-SEX PARTNERS 57 104 Definitions relating to pensions—Constitution Act 1975 57 105 Definitions—Supreme Court Act 1986 58 106 Pension entitlements of Associate Judges, their partners and children 58 107 Definitions relating to pensions—County Court Act 1958 59 108 Pension entitlements of County Court judges and their partners 59 109 Pension of Chief Magistrate—Magistrates' Court Act 1989 60 110 Pensions—Attorney-General and Solicitor-General Act 1972 60 PART 10—REPEAL OF AMENDING ACT 62 111 Repeal of amending Act 62 ═══════════════ ENDNOTES 63 -- 5 of 68 -- 1 Superannuation Legislation Amendment Act 2010 † No. 40 of 2010 [Assented to 30 June 2010] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The purpose of this Act is to— (a) amend the following Acts to achieve consistency with the principles of the Charter of Human Rights and Responsibilities Act 2006— Victoria -- 6 of 68 -- Part 1—Preliminary Superannuation Legislation Amendment Act 2010 No. 40 of 2010 2 (i) the Emergency Services Superannuation Act 1986; (ii) the Parliamentary Salaries and Superannuation Act 1968; (iii) the Police Regulation Act 1958; (iv) the State Employees Retirement Benefits Act 1979; (v) the State Superannuation Act 1988; (vi) the Superannuation (Portability) Act 1989; (vii) the Transport Superannuation Act 1988; and (b) provide for the ongoing membership in the Emergency Services Superannuation Scheme of certain employees of Ambulance Service—Victoria who are transferred to the Emergency Services Telecommunications Authority; and (c) make consequential amendments to the following Acts to achieve consistency with the reversionary pension entitlement provisions of the Acts listed in paragraph (a)— (i) the Attorney-General and Solicitor- General Act 1972; (ii) the Constitution Act 1975; (iii) the County Court Act 1958; (iv) the Magistrates' Court Act 1989; (v) the Supreme Court Act 1986. s. 1 -- 7 of 68 -- Part 1—Preliminary Superannuation Legislation Amendment Act 2010 No. 40 of 2010 3 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 December 2010, it comes into operation on that day. __________________ s. 2 -- 8 of 68 -- Part 2—Emergency Services Superannuation Act 1986 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 4 PART 2—EMERGENCY SERVICES SUPERANNUATION ACT 1986 3 Definitions of employee and operational staff member In section 3(1) of the Emergency Services Superannuation Act 1986— (a) in paragraph (e) of the definition of employee, for "Department of Natural Resources and Environment" substitute "Department of Sustainability and Environment or Department of Primary Industries"; (b) in paragraph (b) of the definition of operational staff member, for "Department of Natural Resources and Environment" substitute "Department of Sustainability and Environment or Department of Primary Industries". 4 Definition of partner (1) In section 3(1) of the Emergency Services Superannuation Act 1986 for the definition of partner substitute— "partner of a person means the person's spouse or domestic partner;". (2) After section 3(2) of the Emergency Services Superannuation Act 1986 insert— "(2A) The definition of partner as substituted by section 4(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the determination by the Board of an entitlement arising under this or any other Superannuation Act on or after the commencement of the substituting section.". s. 3 See: Act No. 94/1986. Reprint No. 6 as at 1 December 2005 and amending Act Nos 97/2005, 41/2006, 37/2007, 12/2008, 43/2008, 65/2008, 4/2009, 38/2009 and 13/2010. LawToday: www. legislation. vic.gov.au -- 9 of 68 -- Part 2—Emergency Services Superannuation Act 1986 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 5 5 Definition of employee (1) In section 4(1B) of the Emergency Services Superannuation Act 1986 for "Department of Natural Resources and Environment" substitute "Department of Sustainability and Environment or Department of Primary Industries". (2) After section 4(1D) of the Emergency Services Superannuation Act 1986 insert— "(1DA) For the purposes of paragraph (f) of the definition of employee, a person continues to be an employee within the meaning of that paragraph if the person— (a) is an employee of Ambulance Service—Victoria within the meaning of the Ambulance Services Act 1986 on 1 July 2010; and (b) transfers to an office of employment with the Emergency Services Telecommunications Authority within the meaning of the Emergency Services Telecommunications Authority Act 2004.". 6 Membership In section 20B of the Emergency Services Superannuation Act 1986— (a) in subsection (1) for "65 years" substitute "75 years or as otherwise permitted by Commonwealth superannuation law"; (b) after subsection (3)(b) insert— "(ba) any leave of absence without pay on account of parental leave for a period of up to 12 months for each confinement; and"; s. 5 -- 10 of 68 -- Part 2—Emergency Services Superannuation Act 1986 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 6 (c) in subsection (4)(e), after "practitioner" insert "or parental leave for a period of up to 12 months for each confinement". 7 Restriction of death and disability benefits In section 20L(2)(b) of the Emergency Services Superannuation Act 1986 for "expedient." substitute— "expedient— for the purposes of this section.". 8 Optional contributions during leave of absence In section 20M(1) of the Emergency Services Superannuation Act 1986 after "practitioner" insert "or parental leave for a period of up to 12 months for each confinement". 9 New section 20NA inserted After section 20N of the Emergency Services Superannuation Act 1986 insert— "20NA Registration of names of dependants (1) A contributor may register the names of persons whom he or she considers to be his or her dependants (other than a partner or child) with the Board for the purposes of this Part. (2) A person who has not been registered under subsection (1) may lodge a claim in a form approved by the Board as a dependant of a deceased contributor or former contributor.". 10 Payment of benefits in case of multiple claimants (1) In section 20P of the Emergency Services Superannuation Act 1986 for "in its absolute discretion determine" substitute "determine in accordance with this section". s. 7 -- 11 of 68 -- Part 2—Emergency Services Superannuation Act 1986 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 7 (2) At the end of section 20P of the Emergency Services Superannuation Act 1986 insert— "(2) Before apportioning benefits under this Part, the Board must consider whether any registered person or claimant under section 20NA was a dependant of the deceased contributor or former contributor. (3) The Board must provide a reasonable opportunity for any registered person or claimant to make written submissions in a form approved by the Board as to the degree of his or her dependency. (4) In making a determination under this section the Board must consider— (a) the degree of financial dependency of that person on the contributor or former contributor at the date of death; and (b) any other factor that the Board considers relevant. (5) Nothing in this section limits the Board's discretion to determine what proportions (if any) of the deceased contributor's or former contributor's benefits each dependant is to receive.". 11 Disability and death cover under ESSPLAN In section 21F(7) of the Emergency Services Superannuation Act 1986 for "appropriate." substitute— "necessary or expedient to determine the appropriate level and cost of disability and death benefits cover for the member or contributor.". s. 11 -- 12 of 68 -- Part 2—Emergency Services Superannuation Act 1986 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 8 12 Optional additional disability and death cover under ESSPLAN In section 21FA(4) of the Emergency Services Superannuation Act 1986 for "appropriate." substitute— "necessary or expedient to determine the appropriate level and cost of optional additional disability and death cover for the member.". 13 Optional disability and death cover for eligible spouses In section 21JB(4) of the Emergency Services Superannuation Act 1986 for "appropriate." substitute— "necessary or expedient to determine the appropriate level and cost of optional disability and death cover for the eligible spouse.". 14 New section 25 inserted After section 24 of the Emergency Services Superannuation Act 1986 insert— "25 Disclosure of contents of medical reports (1) Within 28 days of the receipt of a medical report under this Act, the Board must provide access to the contents of the medical report to the person to whom it relates in a way described in section 28(1) of the Health Records Act 2001. (2) Despite subsection (1), the Board is not required to disclose the contents of a medical report if the disclosure of that information is prohibited under section 26 or 27 of the Health Records Act 2001.". s. 12 -- 13 of 68 -- Part 2—Emergency Services Superannuation Act 1986 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 9 15 Section 28A substituted For section 28A of the Emergency Services Superannuation Act 1986 substitute— "28A Payment of benefits if person is incapable of managing financial affairs (1) The Board may determine that a person who would ordinarily be entitled to receive benefits is incapable of managing his or her financial affairs. (2) A determination under subsection (1) may be made by reason of any restriction or lack of capability of the person resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function. (3) If the Board makes a determination under subsection (1), the Board may cause that person's benefits or any part of that person's benefits to be paid to— (a) the person's guardian or administrator; or (b) if there is no guardian or administrator, a person nominated by the Board for the benefit of that person and any or all of his or her dependants— until the Board determines that the person is capable of managing his or her financial affairs.". __________________ s. 15 -- 14 of 68 -- Part 3—Parliamentary Salaries and Superannuation Act 1968 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 10 PART 3—PARLIAMENTARY SALARIES AND SUPERANNUATION ACT 1968 Division 1—Preliminary 16 Definitions (1) In section 10(1) of the Parliamentary Salaries and Superannuation Act 1968 insert the following definition— "adult child has the same meaning as in section 10A;". (2) In section 10(2) of the Parliamentary Salaries and Superannuation Act 1968 after "children" insert "and adult children". 17 Definition of partner (1) In section 10(1) of the Parliamentary Salaries and Superannuation Act 1968 for the definition of partner substitute— "partner of a person means the person's spouse or domestic partner;". (2) After section 10(4) of the Parliamentary Salaries and Superannuation Act 1968 insert— "(5) The definition of partner as substituted by section 17(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the determination by the Parliamentary Trustee of an entitlement arising under this Act on or after the commencement of the substituting section.". s. 16 See: Act No. 7723. Reprint No. 10 as at 10 September 2009 and amending Act Nos 41/2007, 4/2009 and 13/2010. LawToday: www. legislation. vic.gov.au -- 15 of 68 -- Part 3—Parliamentary Salaries and Superannuation Act 1968 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 11 18 New sections 10A and 10B inserted After section 10 of the Parliamentary Salaries and Superannuation Act 1968 insert— "10A Registration of names of adult children (1) For the purposes of this Part, a member or former member may register with the Parliamentary Trustee the name of a child (an adult child) of himself or herself or of his or her partner who— (a) has attained the age of 18 years; and (b) is a person with a disability as described in section 8(1) of the Disability Services Act 1986 of the Commonwealth; and (c) wholly or partially relies on the member or former member for financial support. (2) A person who is not registered under this section may lodge a claim in a form approved by the Parliamentary Trustee to be considered an adult child— (a) on the death of the member or former member; or (b) if the person is a child of the member or former member, on the expiration of his or her child pension. (3) In determining whether a registered person or claimant is an adult child, the Parliamentary Trustee must consider reports from at least 2 registered medical practitioners appointed by the Parliamentary Trustee as medical officers for the purposes of this Act. s. 18 -- 16 of 68 -- Part 3—Parliamentary Salaries and Superannuation Act 1968 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 12 (4) A determination under this section may be subject to regular reviews by the Parliamentary Trustee. 10B Payment of children's and adult children's allowances (1) An allowance under Division 2 or benefit under Division 3 in respect of a child is payable until— (a) he or she attains the age of 18 years; or (b) in the case of a student, he or she attains the age of 25 years or the Parliamentary Trustee ceases to be satisfied that he or she is a full-time student; or (c) he or she dies— whichever is the earlier. (2) An allowance under Division 2 or benefit under Division 3 in respect of an adult child is payable until— (a) the Parliamentary Trustee ceases to be satisfied that he or she is an adult child; or (b) he or she dies— whichever is the earlier.". Division 2—Existing benefits scheme 19 Members' superannuation benefit In section 15(3) of the Parliamentary Salaries and Superannuation Act 1968 after "children" insert "or adult children". s. 19 -- 17 of 68 -- Part 3—Parliamentary Salaries and Superannuation Act 1968 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 13 20 Entitlements on death of member In section 18(6) of the Parliamentary Salaries and Superannuation Act 1968— (a) after "child" (wherever occurring) insert "or adult child"; (b) after "children" insert "or adult children". 21 Repeal of section 18(8) Section 18(8) of the Parliamentary Salaries and Superannuation Act 1968 is repealed. 22 Exercise of Parliamentary Trustee's discretion In section 18(10)(b) of the Parliamentary Salaries and Superannuation Act 1968 for "in its absolute discretion determine" substitute "determine in accordance with section 18AA". 23 New section 18AA inserted After section 18 of the Parliamentary Salaries and Superannuation Act 1968 insert— "18AA Parliamentary Trustee's discretion to determine qualifying partners (1) In making a determination under section 18(10)(b), the Parliamentary Trustee must consider all of the circumstances of the relationship between the deceased member or former member and each person who may qualify for a pension as a partner or former partner of the deceased member or former member, including, if applicable— (a) the period of time for which that person was in a relationship with the member or former member; (b) the period of time since the relationship between that person and the member or former member ended; s. 20 -- 18 of 68 -- Part 3—Parliamentary Salaries and Superannuation Act 1968 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 14 (c) the financial dependency of that person on the member or former member at the date of death of the member or former member; (d) whether that person has any dependent children from his or her relationship with the member or former member; (e) any submissions made by that person to the Parliamentary Trustee under subsection (2); (f) any other factor that the Parliamentary Trustee considers relevant. (2) A person who was the partner of the deceased member or former member may make written submissions to the Parliamentary Trustee as to his or her eligibility for a pension as a partner or former partner of the deceased member or former member.". Division 3—New benefits scheme 24 Benefits After section 21C(2)(h) of the Parliamentary Salaries and Superannuation Act 1968 insert— '(ha) as if in section 19AA(2A) "and after the date on which the deceased person attained the age of 60 years" were omitted; (hb) as if in section 19AA(5) in the definition of eligible child after paragraph (b) there were inserted— "; or (c) an adult child.";'. s. 24 -- 19 of 68 -- Part 3—Parliamentary Salaries and Superannuation Act 1968 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 15 25 New section 24F inserted After section 24E of the Parliamentary Salaries and Superannuation Act 1968 insert— "24F Disclosure of contents of medical reports (1) Within 28 days of the receipt of a medical report under this Act, the Parliamentary Trustee must provide access to the contents of the medical report to the person to whom it relates in a way described in section 28(1) of the Health Records Act 2001. (2) Despite subsection (1), the Parliamentary Trustee is not required to disclose the contents of a medical report if the disclosure of that information is prohibited under section 26 or 27 of the Health Records Act 2001.". __________________ s. 25 -- 20 of 68 -- Part 4—Police Regulation Act 1958 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 16 PART 4—POLICE REGULATION ACT 1958 Division 1—Preliminary 26 Definitions (1) In section 3(1) of the Police Regulation Act 1958— (a) insert the following definitions— "domestic partner of a person means— (a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or (b) a person to whom the person is not married but with whom, in the opinion of the ESS Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender); partner of a person means the person's spouse or domestic partner;"; (b) for the definition of spouse substitute— "spouse of a person means the person to whom the person is, or was at the time of the person's death, married.". (2) In section 3(3) of the Police Regulation Act 1958 for "spouse" substitute "partner". s. 26 See: Act No. 6338. Reprint No. 12 as at 14 July 2008 and amending Act Nos 30/2007, 4/2008, 34/2008, 52/2008, 60/2008, 68/2008, 77/2008, 25/2009, 55/2009, 68/2009, 69/2009, 1/2010 and 13/2010. LawToday: www. legislation. vic.gov.au -- 21 of 68 -- Part 4—Police Regulation Act 1958 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 17 (3) After section 3(4) of the Police Regulation Act 1958 insert— "(5) For the purposes of the definition of domestic partner in subsection (1)— (a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.". Division 2—Gratuities, pensions, allowances and funds 27 Definitions of adult child and dependant In section 39(1) of the Police Regulation Act 1958 insert the following definitions— "adult child has the same meaning as in section 45A(1); dependant, in relation to a deceased person, means— (a) his or her partner; or (b) a child of the person; or (c) any other person who in the opinion of the Board was at the date of the death of the person wholly or partially dependent on the person or who at that date had a legal right to look to him or her for financial support;". s. 27 -- 22 of 68 -- Part 4—Police Regulation Act 1958 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 18 28 Entitlement of spouse to pension or gratuity (1) Insert the following heading to section 44 of the Police Regulation Act 1958— "Entitlement of partner to pension or gratuity". (2) In sections 44(1), (2), (3), (4) and (7) of the Police Regulation Act 1958 for "spouse" (wherever occurring) substitute "partner". (3) In sections 44(1) and (2) of the Police Regulation Act 1958 for "spouse's" (wherever occurring) substitute "partner's". 29 Repeal of section 44(5) Section 44(5) of the Police Regulation Act 1958 is repealed. 30 Exercise of Board's discretion (1) In section 44(7)(b) of the Police Regulation Act 1958 for "in its absolute discretion determine" substitute "determine in accordance with subsection (8)". (2) After section 44(7) of the Police Regulation Act 1958 insert— "(8) In making a determination under subsection (7), the ESS Board must consider all of the circumstances of the relationship between the deceased member or retired member of the force and each person who may qualify for a pension as a partner or former partner of the deceased member or retired member of the force, including, if applicable— (a) the period of time for which that person was in a relationship with the member or retired member; (b) the period of time since the relationship between that person and the member or retired member ended; s. 28 -- 23 of 68 -- Part 4—Police Regulation Act 1958 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 19 (c) the financial dependency of that person on the member or retired member at the date of death of the member or retired member; (d) whether that person has any dependent children from his or her relationship with the member or retired member; (e) any submissions made by that person to the ESS Board under subsection (9); (f) any other factor that the ESS Board considers relevant. (9) A person who was the partner of the deceased member or retired member of the force may make written submissions to the ESS Board as to his or her eligibility for a pension as a partner or former partner of the deceased member or retired member.". 31 Allowances and gratuities to children and dependants (1) In section 45(a) of the Police Regulation Act 1958 after "students—" insert "and any adult children". (2) In section 45(b) of the Police Regulation Act 1958— (a) after "child" (where twice occurring) insert "or adult child"; (b) for "spouse" (where twice occurring) substitute "partner". (3) In section 45(c) of the Police Regulation Act 1958 for "his duty without his own default, and the said Board recommends the grant of a gratuity to any relative who has been wholly or mainly dependent upon such member the Governor in Council may grant such a gratuity." substitute "his or her duty without his or her own default, the s. 31 -- 24 of 68 -- Part 4—Police Regulation Act 1958 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 20 Board may grant a gratuity to any dependant who has been wholly or mainly dependent upon the member or, if there is more than one such dependant, apportion the gratuity between those dependants in accordance with section 45B.". 32 New sections 45A and 45B inserted After section 45 of the Police Regulation Act 1958 insert— "45A Registration of names of adult children (1) For the purposes of section 45, a member or retired member of the force may register with the ESS Board the name of a child (an adult child) of himself or herself or of his or her partner who— (a) has attained the age of 18 years; and (b) is a person with a disability as described in section 8(1) of the Disability Services Act 1986 of the Commonwealth; and (c) wholly or partially relies on the member or retired member for financial support. (2) A person who is not registered under this section may lodge a claim in a form approved by the ESS Board to be considered an adult child— (a) on the death of a member or retired member of the force; or (b) if the person is a child of a deceased member or retired member of the force, on the expiration of his or her child pension. s. 32 -- 25 of 68 -- Part 4—Police Regulation Act 1958 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 21 (3) In determining whether a registered person or claimant is an adult child, the ESS Board must consider reports from at least 2 registered medical practitioners appointed by the ESS Board as medical officers for the purposes of this Act. (4) A determination under this section may be subject to regular reviews by the ESS Board. 45B Registration of names of dependants (1) For the purposes of section 45, a member or retired member of the force may register the names of persons whom he or she considers to be his or her dependants (other than a partner or child) with the ESS Board. (2) A person who has not been registered under subsection (1) may lodge a claim in a form approved by the ESS Board as a dependant of a deceased member or retired member. (3) Before apportioning benefits under section 45, the ESS Board must consider whether any registered person or claimant under that section was a dependant of the deceased member or retired member. (4) The ESS Board must provide a reasonable opportunity for any registered person or claimant to make written submissions in a form approved by the Board as to the degree of his or her dependency. (5) In making a determination under this section the ESS Board must consider— (a) the degree of financial dependency of that person on the member or retired member at the date of death; and (b) any other factor that the ESS Board considers relevant. s. 32 -- 26 of 68 -- Part 4—Police Regulation Act 1958 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 22 (6) Nothing in this section limits the ESS Board's discretion to determine what proportions (if any) of the deceased member's or retired member's benefits each dependant is to receive.". 33 Election to increase pension entitlement (1) Insert the following heading to section 46A of the Police Regulation Act 1958— "Member may elect to increase partner's pension entitlement in certain circumstances". (2) In sections 46A(1) and (2) of the Police Regulation Act 1958 for "spouse" (wherever occurring) substitute "partner". (3) In sections 46A(2), (3), (5) and (7) of the Police Regulation Act 1958 for "spouse's" (wherever occurring) substitute "partner's". 34 New section 46C inserted After section 46B of the Police Regulation Act 1958 insert— "46C Disclosure of contents of medical reports (1) Within 28 days of the receipt of a medical report under this Part, the ESS Board must provide access to the contents of the medical report to the member of the force to whom it relates in a way described in section 28(1) of the Health Records Act 2001. (2) Despite subsection (1), the ESS Board is not required to disclose the contents of a medical report if the disclosure of that information is prohibited under section 26 or 27 of the Health Records Act 2001.". s. 33 -- 27 of 68 -- Part 4—Police Regulation Act 1958 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 23 35 Repeal of section 49 Section 49 of the Police Regulation Act 1958 is repealed. 36 Section 51 substituted For section 51 of the Police Regulation Act 1958 substitute— "51 Payment of benefits if person is incapable of managing financial affairs (1) The ESS Board may determine that a person who would ordinarily be entitled to receive benefits is incapable of managing his or her financial affairs. (2) A determination under subsection (1) may be made by reason of any restriction or lack of capability of the person resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function. (3) If the ESS Board makes a determination under subsection (1), the ESS Board may cause that person's benefits or any part of that person's benefits to be paid to— (a) the person's guardian or administrator; or (b) if there is no guardian or administrator, a person nominated by the ESS Board for the benefit of that person and any or all of his or her dependants— until the ESS Board determines that the person is capable of managing his or her financial affairs.". s. 35 -- 28 of 68 -- Part 4—Police Regulation Act 1958 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 24 37 Dismissal etc. for misconduct (1) In the proviso to section 54(2) of the Police Regulation Act 1958 for "his spouse or children" substitute "the member's partner, children or adult children". (2) In section 54(3) of the Police Regulation Act 1958— (a) for "spouse" substitute "partner"; (b) for "or any relative" substitute "or adult children or any other dependant". 38 Pensions payable to partner (1) In sections 64A(1), 64C(5) and 67C of the Police Regulation Act 1958 for "spouse" (wherever occurring) substitute "partner". (2) In sections 67D(3) of the Police Regulation Act 1958— (a) for "spouse" substitute "partner"; (b) for "spouse's" substitute "partner's". 39 Commutation In section 67E(3) of the Police Regulation Act 1958 for "spouse" substitute "partner". 40 Reinstatement of certain discharged etc. members of force (1) In section 92 of the Police Regulation Act 1958 for "his" (where twice occurring) substitute "the member's". (2) In the proviso to section 92 of the Police Regulation Act 1958 for "his wife or children such member shall before he" substitute "the member's partner or children or adult children such member shall before he or she". s. 37 -- 29 of 68 -- Part 4—Police Regulation Act 1958 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 25 Division 3—Amendments to Fourth Schedule 41 Part II of Fourth Schedule (1) For the headings preceding clause 5 of Part II of the Fourth Schedule to the Police Regulation Act 1958 substitute— "Partners, Children and Adult Children (a) Partners' Pensions". (2) In clause 5 of Part II of the Fourth Schedule to the Police Regulation Act 1958— (a) for "Spouse's" substitute "Partner's"; (b) for "spouse" (wherever occurring) substitute "partner". (3) In clause 6 of Part II of the Fourth Schedule to the Police Regulation Act 1958— (a) for "Spouse's" substitute "Partner's"; (b) for "spouse" substitute "partner". (4) For the heading preceding clause 7 of Part II of the Fourth Schedule to the Police Regulation Act 1958 substitute— "(b) Partners' Gratuities". (5) In clause 7 of Part II of the Fourth Schedule to the Police Regulation Act 1958 for "spouse" (wherever occurring) substitute "partner". (6) For the heading preceding clause 8 of Part II of the Fourth Schedule to the Police Regulation Act 1958 substitute— "(c) Children's and Adult Children's Allowances". s. 41 -- 30 of 68 -- Part 4—Police Regulation Act 1958 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 26 (7) In clause 8 of Part II of the Fourth Schedule to the Police Regulation Act 1958— (a) after "child" (where first occurring) insert "or adult child"; (b) in subclauses (1) and (2), for "spouse" (wherever occurring) substitute "partner"; (c) in subclauses (1)(a) and (b), (2)(b), (c) and (d), after "children" (where first occurring) insert "or adult children"; (d) in subclauses (1)(b) and (2)(d), after "children" (where secondly occurring) insert "and adult children"; (e) in subclauses (2) and (4), after "child" (wherever occurring) insert "or adult child". (8) In clause 9 of Part II of the Fourth Schedule to the Police Regulation Act 1958 for "students." substitute "students— and to adult children.". (9) After clause 9B of Part II of the Fourth Schedule to the Police Regulation Act 1958 insert— "9C An allowance in respect of an adult child is payable until the end of the fortnightly pay period in which— (a) the Board ceases to be satisfied that he or she is an adult child; or (b) he or she dies— whichever is the earlier.". (10) For the heading preceding clause 10 of Part II of the Fourth Schedule to the Police Regulation Act 1958 substitute— "(d) Children's and Adult Children's Gratuities". s. 41 -- 31 of 68 -- Part 4—Police Regulation Act 1958 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 27 (11) In clause 10 of Part II of the Fourth Schedule to the Police Regulation Act 1958 after "children" (wherever occurring) insert "and adult children". 42 Part III of Fourth Schedule (1) In clause 13 of Part III of the Fourth Schedule to the Police Regulation Act 1958— (a) for "spouse or child" substitute "partner, child or adult child"; (b) after "child's" insert "or adult child's"; (c) after "child" insert ", adult child". (2) For clause 14 of Part III of the Fourth Schedule to the Police Regulation Act 1958 substitute— "14 (1) If the partner of a member of the force was at the time of the member's death living apart from the member (not having been deserted by the member), a pension or gratuity is to be paid to the partner only if the ESS Board is satisfied that the member regularly contributed to the partner's support. (2) The amount of a pension under subclause (1) must not exceed the amount that the member contributed.". (3) For clause 15(1) of Part III of the Fourth Schedule to the Police Regulation Act 1958 substitute— "(1) If a person becomes the partner of a pensioner after the pensioner's retirement, a pension is not payable to the partner on the death of the pensioner unless— (a) the pensioner was in receipt of a pension under section 43 at the time the person became the pensioner's partner; or s. 42 -- 32 of 68 -- Part 4—Police Regulation Act 1958 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 28 (b) the person became the pensioner's partner three years or more before the death of the pensioner.". (4) Clause 15(2) of Part III of the Fourth Schedule to the Police Regulation Act 1958 is repealed. (5) For clause 15(3) of Part III of the Fourth Schedule to the Police Regulation Act 1958 substitute— "(3) A partner of a pensioner who became the pensioner's partner after the pensioner's retirement is not entitled to receive at the same time a pension as a surviving partner and as a former member but is entitled to whichever of those pensions is greater.". (6) In clauses 16 and 18 of Part III of the Fourth Schedule to the Police Regulation Act 1958 for "spouse" (wherever occurring) substitute "partner". 43 Gender neutral language (1) In clauses 5, 6, 8(3)(a) and (b) and 11 of Part II and clauses 16 and 19(a)(i) of Part III of the Fourth Schedule to the Police Regulation Act 1958 after "his" (wherever occurring) insert "or her". (2) In clauses 8(3)(a), 9A(a) and (b) and 10 of Part II and clause 19(a)(i) of Part III of the Fourth Schedule to the Police Regulation Act 1958 after "he" (wherever occurring) insert "or she". (3) In clause 4 of Part I, clause 8(3)(b) of Part II and clause 19(a)(i) of Part III of the Fourth Schedule to the Police Regulation Act 1958 after "him" (wherever occurring) insert "or her". (4) In clause 10 of Part III of the Fourth Schedule to the Police Regulation Act 1958 after "widow" insert "or widower". s. 43 -- 33 of 68 -- Part 4—Police Regulation Act 1958 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 29 Division 4—Statute law revision 44 Statute law revision amendments (1) In section 85F of the Police Regulation Act 1958 for "this section" substitute "this Division". (2) In section 127A(1F) of the Police Regulation Act 1958 for "Act,," substitute "Act,". __________________ s. 44 -- 34 of 68 -- Part 5—State Employees Retirement Benefits Act 1979 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 30 PART 5—STATE EMPLOYEES RETIREMENT BENEFITS ACT 1979 Division 1—Preliminary 45 Definition of adult child In section 2(1) of the State Employees Retirement Benefits Act 1979 insert the following definition— "adult child has the same meaning as in section 43B(1);". 46 Definition of partner (1) In section 2(1) of the State Employees Retirement Benefits Act 1979 for the definition of partner substitute— "partner of a person means the person's spouse or domestic partner;". (2) After section 2(6) of the State Employees Retirement Benefits Act 1979 insert— "(7) The definition of partner as substituted by section 46(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the determination by the Board of an entitlement arising under this or any other Superannuation Act within the meaning of section 3(1) of the Emergency Services Superannuation Act 1986 on or after the commencement of the substituting section.". s. 45 See: Act No. 9363. Reprint No. 7 as at 10 September 2009 and amending Act Nos 4/2009 and 13/2010. LawToday: www. legislation. vic.gov.au -- 35 of 68 -- Part 5—State Employees Retirement Benefits Act 1979 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 31 Division 2—Contributions 47 Permanent employees to be members and contributors (1) Section 21(1B) of the State Employees Retirement Benefits Act 1979 is repealed. (2) In section 21(2) of the State Employees Retirement Benefits Act 1979 for "65 years" substitute "75 years, unless otherwise permitted by Commonwealth superannuation law". 48 Circumstances in which a member will cease to be a contributor (1) In section 22(1)(b) of the State Employees Retirement Benefits Act 1979 for "65 years" substitute "75 years". (2) After section 22(1) of the State Employees Retirement Benefits Act 1979 insert— "(1A) Despite subsection (1)(b), a member may continue to be a contributor after he or she attains the age of 75 years if he or she is permitted to do so under Commonwealth superannuation law.". 49 Rate of contributions (1) In section 23(4) of the State Employees Retirement Benefits Act 1979 for "65 years" substitute "75 years". (2) After section 23(4) of the State Employees Retirement Benefits Act 1979 insert— "(4A) Despite subsection (4), a member may make contributions after he or she attains the age of 75 years if he or she is permitted to do so under Commonwealth superannuation law.". s. 47 -- 36 of 68 -- Part 5—State Employees Retirement Benefits Act 1979 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 32 50 Contributions deducted from salary (1) After section 24(5) of the State Employees Retirement Benefits Act 1979 insert— "(5A) A member who is absent without pay on account of parental leave for a period of up to 12 months for each confinement is not required to pay contributions during or in respect of that period of leave.". (2) In section 24(6) of the State Employees Retirement Benefits Act 1979 after "Board" insert "or parental leave for a period of up to 12 months for each confinement". (3) In section 24(6C) of the State Employees Retirement Benefits Act 1979 after "ill-health" insert "or parental leave for a period of up to 12 months for each confinement". Division 3—Pensions and benefits 51 Repeal of sections 28 to 31 Sections 28, 29, 30 and 31 of the State Employees Retirement Benefits Act 1979 are repealed. 52 Submission of information and medical examination In section 32 of the State Employees Retirement Benefits Act 1979 omit "and, after receiving such further information, the Board may at any time and from time to time re-assign the member to a medical classification providing increased benefits". s. 50 -- 37 of 68 -- Part 5—State Employees Retirement Benefits Act 1979 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 33 53 New section 43B inserted After section 43A of the State Employees Retirement Benefits Act 1979 insert— "43B Registration of names of adult children "(1) For the purposes of this Part, a member may register with the Board the name of a child (an adult child) of himself or herself or of his or her partner who— (a) has attained the age of 18 years; and (b) is a person with a disability as described in section 8(1) of the Disability Services Act 1986 of the Commonwealth; and (c) wholly or partially relies on the member for financial support. (2) A person who is not registered under this section may lodge a claim in a form approved by the Board to be considered an adult child— (a) on the death of a member; or (b) if the person is a child of a deceased member, on the expiration of his or her child pension. (3) In determining whether a registered person or claimant is an adult child, the Board must consider reports from at least 2 registered medical practitioners appointed by the Board as medical officers for the purposes of this Act. (4) A determination under this section may be subject to regular reviews by the Board.". s. 53 -- 38 of 68 -- Part 5—State Employees Retirement Benefits Act 1979 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 34 54 Benefits for partner and children on death of member before retirement (1) In the heading to section 44 of the State Employees Retirement Benefits Act 1979 for "and children" substitute ", children and adult children". (2) In section 44(1)(c) of the State Employees Retirement Benefits Act 1979 after "children" insert "and adult children". 55 Repeal of section 44(2) Section 44(2) of the State Employees Retirement Benefits Act 1979 is repealed. 56 Benefits for partner and children on death of pensioner (1) In the heading to section 45 of the State Employees Retirement Benefits Act 1979 for "and children" substitute ", children and adult children". (2) In section 45(1)(b) of the State Employees Retirement Benefits Act 1979 after "children" insert "and adult children". (3) In section 45(3)(b) of the State Employees Retirement Benefits Act 1979 for "in its absolute discretion determine" substitute "determine in accordance with section 46". (4) In section 45(6)(a) of the State Employees Retirement Benefits Act 1979 omit "and had not attained the age of 60 years". 57 Repeal of section 45(7) Section 45(7) of the State Employees Retirement Benefits Act 1979 is repealed. s. 54 -- 39 of 68 -- Part 5—State Employees Retirement Benefits Act 1979 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 35 58 New section 46 inserted After section 45 of the State Employees Retirement Benefits Act 1979 insert— "46 Board's discretion to determine qualifying partners (1) In making a determination under section 45(3)(b), the Board must consider all of the circumstances of the relationship between the deceased member or pensioner and each person who may qualify for a pension as a partner or former partner of the deceased member or pensioner, including, if applicable— (a) the period of time for which that person was in a relationship with the member or pensioner; (b) the period of time since the relationship between that person and the member or pensioner ended; (c) the financial dependency of that person on the member or pensioner at the date of death of the member or pensioner; (d) whether that person has any dependent children from his or her relationship with the member or pensioner; (e) any submissions made by that person to the Board under subsection (2); (f) any other factor that the Board considers relevant. (2) A person who was the partner of the deceased member or pensioner may make written submissions to the Board as to his or her eligibility for a pension as a partner or former partner of the deceased member or pensioner.". s. 58 -- 40 of 68 -- Part 5—State Employees Retirement Benefits Act 1979 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 36 59 Pension to child if no surviving partner (1) In the heading to section 47 of the State Employees Retirement Benefits Act 1979 after "child" insert "or adult child". (2) In section 47 of the State Employees Retirement Benefits Act 1979 after "child" (where twice occurring) insert "or adult child". 60 Payments for children where partner dies (1) In the heading to section 48 of the State Employees Retirement Benefits Act 1979 after "children" insert "and adult children". (2) In section 48 of the State Employees Retirement Benefits Act 1979 after "children" (where twice occurring) insert "or adult children". 61 Pensions payable for life (1) Insert the following heading to section 49 of the State Employees Retirement Benefits Act 1979— "Pension payable for life except in certain cases". (2) After section 49(3) of the State Employees Retirement Benefits Act 1979 insert— "(3A) A pension in respect of an adult child is payable until the end of the fortnightly pay period in which— (a) the Board ceases to be satisfied that he or she is an adult child; or (b) he or she dies— whichever is the earlier.". (3) In section 49(4) of the State Employees Retirement Benefits Act 1979 after "child" (wherever occurring) insert "or adult child". s. 59 -- 41 of 68 -- Part 5—State Employees Retirement Benefits Act 1979 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 37 62 Board to make determination as to entitlement to disability benefits In section 54(1)(c) of the State Employees Retirement Benefits Act 1979 omit "in accordance with the medical classification of the member". 63 Disability benefit entitlements In section 55(3) of the State Employees Retirement Benefits Act 1979 for "65 years" substitute "60 years". 64 Discontinuance of benefits In section 59(3) of the State Employees Retirement Benefits Act 1979 for "and his medical classification shall be the same as his classification just prior to the date his benefits began" substitute "and the medical classification of the member, if any, is disregarded". 65 New section 63A inserted After section 63 of the State Employees Retirement Benefits Act 1979 insert— "63A Disclosure of contents of medical reports (1) Within 28 days of the receipt of a medical report under this Part, the Board must provide access to the contents of the medical report to the member to whom it relates in a way described in section 28(1) of the Health Records Act 2001. (2) Despite subsection (1), the Board is not required to disclose the contents of a medical report if the disclosure of that information is prohibited under section 26 or 27 of the Health Records Act 2001.". s. 62 -- 42 of 68 -- Part 5—State Employees Retirement Benefits Act 1979 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 38 66 Repeal of section 64 Section 64 of the State Employees Retirement Benefits Act 1979 is repealed. 67 Minimum benefits In section 65(1) of the State Employees Retirement Benefits Act 1979 after "children" insert "or adult children". Division 4—General 68 Power of Board to acquire information (1) In section 69(1)(a) of the State Employees Retirement Benefits Act 1979 for "this Act" (where secondly occurring) substitute "the administration of the Fund". (2) In section 69(1)(b) of the State Employees Retirement Benefits Act 1979 for "this Act" substitute "the administration of the Fund". 69 New section 69A inserted After section 69 of the State Employees Retirement Benefits Act 1979 insert— "69A Continued application of member classification provisions Despite the repeal of sections 28, 29, 30, 31, 44(2), 64 and 70 by sections 51, 55, 66 and 70 of the Superannuation Legislation Amendment Act 2010, and the amendment of section 32 by section 52 of the Superannuation Legislation Amendment Act 2010, those sections, as in force immediately before the commencement of those repeals and that amendment, continue to apply to any person who was a pensioner immediately before the commencement of those repeals and that amendment.". s. 66 -- 43 of 68 -- Part 5—State Employees Retirement Benefits Act 1979 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 39 70 Repeal of section 70 Section 70 of the State Employees Retirement Benefits Act 1979 is repealed. 71 Section 70B substituted For section 70B of the State Employees Retirement Benefits Act 1979 substitute— "70B Payment of benefits if person is incapable of managing financial affairs (1) The Board may determine that a person who would ordinarily be entitled to receive benefits is incapable of managing his or her financial affairs. (2) A determination under subsection (1) may be made by reason of any restriction or lack of capability of the person resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function. (3) If the Board makes a determination under subsection (1), the Board may cause that person's benefits or any part of that person's benefits to be paid to— (a) the person's guardian or administrator; or (b) if there is no guardian or administrator, a person nominated by the Board for the benefit of that person and any or all of his or her dependants— until the Board determines that the person is capable of managing his or her financial affairs.". __________________ s. 70 -- 44 of 68 -- Part 6—State Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 40 PART 6—STATE SUPERANNUATION ACT 1988 Division 1—Preliminary 72 Definitions In section 3(1) of the State Superannuation Act 1988— (a) insert the following definition— "adult child has the same meaning as in sections 35A(1) and 53(2A);"; (b) in the definition of recognised service, for "65 years" substitute "75 years, or as otherwise permitted by Commonwealth superannuation law,". 73 Definition of partner (1) In section 3(1) of the State Superannuation Act 1988 for the definition of partner substitute— "partner of a person means the person's spouse or domestic partner;". (2) After section 3(8) of the State Superannuation Act 1988 insert— "(9) The definition of partner as substituted by section 73(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the determination by the Board of an entitlement arising under this or any other Superannuation Act within the meaning of section 3(1) of the Emergency Services Superannuation Act 1986 on or after the commencement of the substituting section.". s. 72 See: Act No. 50/1988. Reprint No. 7 as at 10 September 2009 and amending Act Nos 4/2009 and 13/2010. LawToday: www. legislation. vic.gov.au -- 45 of 68 -- Part 6—State Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 41 Division 2—Revised scheme members 74 Contribution rates (1) In section 28(5) of the State Superannuation Act 1988 for "65 years" substitute "75 years". (2) After section 28(5) of the State Superannuation Act 1988 insert— "(6) Despite subsection (5), a revised scheme member may make contributions after he or she attains the age of 75 years if he or she is permitted to do so under Commonwealth superannuation law.". 75 Pension entitlement on retirement through disability (1) For sections 34(1) and (2) of the State Superannuation Act 1988 substitute— "(1) A revised scheme member who retires on the ground of disability is entitled to his or her revised scheme member's pension.". (2) In section 34(3) of the State Superannuation Act 1988 omit "or (2)". 76 Retirement or death after return from leave of absence (1) For section 35(1) of the State Superannuation Act 1988 substitute— "(1) This section applies to a revised scheme member who on or after the commencement of section 76 of the Superannuation Legislation Amendment Act 2010— (a) returns to duty after being on leave of absence without pay; and (b) retires on the ground of disability or dies. s. 74 -- 46 of 68 -- Part 6—State Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 42 (1A) The revised scheme member is entitled to benefits in accordance with this Act.". (2) In sections 35(2) and (3) of the State Superannuation Act 1988 for "Unless subsection (4) applies, if" substitute "If". (3) Section 35(4) of the State Superannuation Act 1988 is repealed. 77 New section 35A inserted After section 35 of the State Superannuation Act 1988 insert— "35A Registration of names of adult children (1) For the purposes of sections 36 and 37, a revised scheme member may register with the Board the name of a child (an adult child) of himself or herself or of his or her partner who— (a) has attained the age of 18 years; and (b) is a person with a disability as described in section 8(1) of the Disability Services Act 1986 of the Commonwealth; and (c) wholly or partially relies on the revised scheme member for financial support. (2) A person who is not registered under this section may lodge a claim in a form approved by the Board to be considered an adult child— (a) on the death of a revised scheme member; or (b) if the person is a child of a deceased revised scheme member, on the expiration of his or her child pension. s. 77 -- 47 of 68 -- Part 6—State Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 43 (3) In determining whether a registered person or claimant is an adult child, the Board must consider reports from at least 2 registered medical practitioners appointed by the Board as medical officers for the purposes of this Act. (4) A determination under this section may be subject to regular reviews by the Board.". 78 Pension to partner or children on death of revised scheme member (1) In the heading to section 36 of the State Superannuation Act 1988 for "or children" substitute ", children or adult children". (2) In section 36(1)(b) of the State Superannuation Act 1988 after "each child" insert "or adult child". (3) In section 36(3) of the State Superannuation Act 1988— (a) after "child" insert "or adult child"; (b) in paragraph (a), after "children" insert "and eligible adult children"; (c) in paragraph (b), after "children" (where twice occurring) insert "and eligible adult children". (4) In section 36(5)(a) of the State Superannuation Act 1988 omit "not due to his or her own fault". 79 Pension to partner or children on death of revised scheme member who is a pensioner (1) In the heading to section 37 of the State Superannuation Act 1988 for "or children" substitute ", children or adult children". (2) In section 37(1)(b) of the State Superannuation Act 1988 after "child" insert "or adult child". s. 78 -- 48 of 68 -- Part 6—State Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 44 (3) In section 37(3)(a) of the State Superannuation Act 1988 omit "and had not attained the age of 60 years". 80 Exercise of Board's discretion (1) In section 37(2A)(b) of the State Superannuation Act 1988 for "in its absolute discretion determine" substitute "determine in accordance with subsection (2B)". (2) After section 37(2A) of the State Superannuation Act 1988 insert— "(2B) In making a determination under subsection (2A)(b), the Board must consider all of the circumstances of the relationship between the deceased member or pensioner and each person who may qualify for a pension as a partner or former partner of the deceased member or pensioner, including, if applicable— (a) the period of time for which that person was in a relationship with the member or pensioner; (b) the period of time since the relationship between that person and the member or pensioner has ended; (c) the financial dependency of that person on the member or pensioner at the date of death of the member or pensioner; (d) whether that person has any dependent children from his or her relationship with the member or pensioner; (e) any submissions made by that person to the Board under subsection (2C); (f) any other factor that the Board considers relevant. s. 80 -- 49 of 68 -- Part 6—State Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 45 (2C) A person who was the partner of the deceased member or pensioner may make written submissions to the Board as to his or her eligibility for a pension as a partner or former partner of the deceased member or pensioner.". 81 Repeal of section 37(4) Section 37(4) of the State Superannuation Act 1988 is repealed. 82 Partner of pensioner aged 60 years or over entitled to convert part of pension to a lump sum In section 40(1) of the State Superannuation Act 1988 after "Board" insert "in accordance with actuarial advice". 83 Payments to children (1) Insert the following heading to section 48 of the State Superannuation Act 1988— "Payments to children and adult children". (2) In section 48(1) of the State Superannuation Act 1988 after "child" insert "or adult child". (3) In section 48(2) of the State Superannuation Act 1988— (a) after "each child" insert "or adult child"; (b) in paragraph (a), after "child" insert "or eligible adult child"; (c) in paragraph (b), after "children" insert "or eligible adult children or both an eligible child and an eligible adult child"; (d) in paragraph (c), after "children" (where twice occurring) insert "and eligible adult children". s. 81 -- 50 of 68 -- Part 6—State Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 46 Division 3—New scheme members 84 Contribution rates (1) In section 50(9) of the State Superannuation Act 1988 for "65 years" substitute "75 years". (2) After section 50(9) of the State Superannuation Act 1988 insert— "(10) Despite subsection (9), a new scheme member may make contributions after he or she attains the age of 75 years if he or she is permitted to do so under Commonwealth superannuation law.". 85 Benefit on death of new scheme member before retirement (1) After section 53(2) of the State Superannuation Act 1988 insert— "(2A) Without limiting subsection (2), a new scheme member may register the name of a child (an adult child) of himself or herself or of his or her partner who— (a) has attained the age of 18 years; and (b) is a person with a disability as described in section 8(1) of the Disability Services Act 1986 of the Commonwealth; and (c) wholly or partially relies on the new scheme member for financial support. (2B) A person who has not been registered under this section may lodge a claim in a form approved by the Board— (a) as a dependant of a deceased new scheme member; or s. 84 -- 51 of 68 -- Part 6—State Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 47 (b) to be considered an adult child— (i) on the death of a new scheme member; or (ii) if the person is a child of a deceased new scheme member, on the expiration of his or her child pension.". (2) In section 53(6) of the State Superannuation Act 1988— (a) after "pay to each child" insert "or adult child"; (b) in paragraph (a), after "child" insert "or eligible adult child"; (c) in paragraph (b)— (i) after "children" insert "and eligible adult children"; (ii) after "child" insert "or eligible adult child". 86 New sections 53A and 53B inserted After section 53 of the State Superannuation Act 1988 insert— "53A Board to consider nominations of dependants (1) Before apportioning benefits under section 53, the Board must consider whether any registered person or claimant under that section was a dependant of the deceased new scheme member. (2) The Board must provide a reasonable opportunity for any registered person or claimant to make written submissions in a form approved by the Board as to the degree of his or her dependency. s. 86 -- 52 of 68 -- Part 6—State Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 48 (3) In making a determination under this section the Board must consider— (a) the degree of financial dependency of that person on the new scheme member at the date of death; and (b) any other factor that the Board considers relevant. (4) Nothing in this section limits the Board's discretion to determine what proportions (if any) of the deceased new scheme member's benefits each dependant is to receive. 53B Board to consider nominations of adult children (1) In determining whether a registered person or claimant under section 53 is an adult child, the Board must consider reports from at least 2 registered medical practitioners appointed by the Board as medical officers for the purposes of this Act. (2) A determination under this section may be subject to regular reviews by the Board.". Division 4—General provisions 87 Transfer from revised scheme to new scheme In section 61(6)(c) of the State Superannuation Act 1988 after "child" insert ", adult child". 88 Repeal of sections 62 to 65 Sections 62, 63, 64 and 65 of the State Superannuation Act 1988 are repealed. 89 Members of approved superannuation schemes In section 69(1) of the State Superannuation Act 1988 after "children," insert "adult children,". s. 87 -- 53 of 68 -- Part 6—State Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 49 90 Provisions relating to children's pensions (1) Insert the following heading to section 72 of the State Superannuation Act 1988— "Provisions relating to children's and adult children's pensions". (2) In sections 72(1), (2) and (3) of the State Superannuation Act 1988 after "child" (wherever occurring) insert "or adult child". 91 Pensions payable for life except in case of children (1) Insert the following heading to section 73 of the State Superannuation Act 1988— "Pensions payable for life except in certain cases". (2) After section 73(3) of the State Superannuation Act 1988 insert— "(4) A pension in respect of an adult child is payable until the end of the fortnightly pay period in which— (a) the Board ceases to be satisfied that he or she is an adult child; or (b) he or she dies— whichever is the earlier.". 92 Section 80 substituted For section 80 of the State Superannuation Act 1988 substitute— "80 Payment of benefits if person is incapable of managing financial affairs (1) The Board may determine that a person who would ordinarily be entitled to receive benefits is incapable of managing his or her financial affairs. s. 90 -- 54 of 68 -- Part 6—State Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 50 (2) A determination under subsection (1) may be made by reason of any restriction or lack of capability of the person resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function. (3) If the Board makes a determination under subsection (1), the Board may cause that person's benefits or any part of that person's benefits to be paid to— (a) the person's guardian or administrator; or (b) if there is no guardian or administrator, a person nominated by the Board for the benefit of that person and any or all of his or her dependants— until the Board determines that the person is capable of managing his or her financial affairs.". 93 Contributors transferring from recognised superannuation schemes Sections 82(3) and (4) of the State Superannuation Act 1988 are repealed. 94 New section 83B inserted After section 83A of the State Superannuation Act 1988 insert— "83B Disclosure of contents of medical reports (1) Within 28 days of the receipt of a medical report under this Act, the Board must provide access to the contents of the medical report to the contributor to whom it relates in a way described in section 28(1) of the Health Records Act 2001. s. 93 -- 55 of 68 -- Part 6—State Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 51 (2) Despite subsection (1), the Board is not required to disclose the contents of a medical report if the disclosure of that information is prohibited under section 26 or 27 of the Health Records Act 2001.". 95 Repeal of sections 84 and 87 Sections 84 and 87 of the State Superannuation Act 1988 are repealed. 96 New section 102 inserted After section 101 of the State Superannuation Act 1988 insert— "102 Continued application of medical classification provisions Despite the repeal of sections 62, 63, 64, 65, 84 and 87 by sections 88 and 95 of the Superannuation Legislation Amendment Act 2010, those sections, as in force immediately before the commencement of those repeals, continue to apply to any person who was a pensioner immediately before the commencement of those repeals.". __________________ s. 95 -- 56 of 68 -- Part 7—Superannuation (Portability) Act 1989 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 52 PART 7—SUPERANNUATION (PORTABILITY) ACT 1989 97 Definition of partner (1) In section 3(1) of the Superannuation (Portability) Act 1989 for the definition of partner substitute— "partner of a person means the person's spouse or domestic partner;". (2) After section 3(6) of the Superannuation (Portability) Act 1989 insert— "(7) The definition of partner as substituted by section 97(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the determination by the Board of an entitlement arising under this or any other Superannuation Act within the meaning of section 3(1) of the Emergency Services Superannuation Act 1986 on or after the commencement of the substituting section.". __________________ s. 97 See: Act No. 14/1989. Reprint No. 6 as at 10 September 2009 and amending Act No. 4/2009. LawToday: www. legislation. vic.gov.au -- 57 of 68 -- Part 8—Transport Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 53 PART 8—TRANSPORT SUPERANNUATION ACT 1988 98 Definition of partner (1) In section 3(1) of the Transport Superannuation Act 1988 for the definition of partner substitute— "partner of a person means the person's spouse or domestic partner;". (2) After section 3(5) of the Transport Superannuation Act 1988 insert— "(6) The definition of partner as substituted by section 98(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the determination by the Board of an entitlement arising under this or any other Superannuation Act within the meaning of section 3(1) of the Emergency Services Superannuation Act 1986 on or after the commencement of the substituting section.". 99 Contributions by members (1) In section 28(7) of the Transport Superannuation Act 1988 for "65 years" substitute "75 years". (2) After section 28(7) of the Transport Superannuation Act 1988 insert— "(8) Despite subsection (7), a member may make contributions after he or she attains the age of 75 years if he or she is permitted to do so under Commonwealth superannuation law.". s. 98 See: Act No. 33/1988. Reprint No. 6 as at 10 September 2009 and amending Act Nos 4/2009 and 13/2010. LawToday: www. legislation. vic.gov.au -- 58 of 68 -- Part 8—Transport Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 54 100 Benefit on death before retirement After section 30(4) of the Transport Superannuation Act 1988 insert— "(4A) A person who has not been registered under subsection (4) may lodge a claim in a form approved by the Board as a dependant of a deceased member.". 101 New section 30A inserted After section 30 of the Transport Superannuation Act 1988 insert— "30A Board to consider nominations of dependants (1) Before apportioning benefits under section 30, the Board must consider whether any registered person or claimant under that section was a dependant of the deceased member or former member. (2) The Board must provide a reasonable opportunity for any registered person or claimant to make written submissions in a form approved by the Board as to the degree of his or her dependency. (3) In making a determination under this section the Board must consider— (a) the degree of financial dependency of that person on the member or former member at the date of death of the member or former member; and (b) any other factor that the Board considers relevant. s. 100 -- 59 of 68 -- Part 8—Transport Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 55 (4) Nothing in this section limits the Board's discretion to determine what proportions (if any) of the deceased member's or former member's benefits each dependant is to receive.". 102 New section 40A inserted After section 40 of the Transport Superannuation Act 1988 insert— "40A Disclosure of contents of medical reports (1) Within 28 days of the receipt of a medical report under this Act, the Board must provide access to the contents of the medical report to the member to whom it relates in a way described in section 28(1) of the Health Records Act 2001. (2) Despite subsection (1), the Board is not required to disclose the contents of a medical report if the disclosure of that information is prohibited under section 26 or 27 of the Health Records Act 2001.". 103 Section 48 substituted For section 48 of the Transport Superannuation Act 1988 substitute— "48 Payment of benefits if person is incapable of managing financial affairs (1) The Board may determine that a person who would ordinarily be entitled to receive benefits is incapable of managing his or her financial affairs. (2) A determination under subsection (1) may be made by reason of any restriction or lack of capability of the person resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function. s. 102 -- 60 of 68 -- Part 8—Transport Superannuation Act 1988 Superannuation Legislation Amendment Act 2010 No. 40 of 2010 56 (3) If the Board makes a determination under subsection (1), the Board may cause that person's benefits or any part of that person's benefits to be paid to— (a) the person's guardian or administrator; or (b) if there is no guardian or administrator, a person nominated by the Board for the benefit of that person and any or all of his or her dependants— until the Board determines that the person is capable of managing his or her financial affairs.". __________________ s. 103 -- 61 of 68 -- Part 9—Amendments Relating to Reversionary Pensions and Same-Sex Partners Superannuation Legislation Amendment Act 2010 No. 40 of 2010 57 PART 9—AMENDMENTS RELATING TO REVERSIONARY PENSIONS AND SAME-SEX PARTNERS 104 Definitions relating to pensions—Constitution Act 1975 (1) In section 5A(1) of the Constitution Act 1975 for the definition of partner substitute— "partner of a person means the person's spouse or domestic partner;". (2) After section 5A(2) of the Constitution Act 1975 insert— "(2A) For the purposes of section 83(2), the definition of partner as substituted by section 104(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the entitlement to a pension of a Judge of the Court or a former Judge of the Court only if the death of the Judge of the Court or former Judge of the Court occurs on or after the commencement of the substituting section.". See: Act No. 8750. Reprint No. 19 as at 15 January 2009 and amending Act Nos 4/2009, 38/2009, 68/2009, 69/2009, 70/2009 and 6/2010. LawToday: www. legislation. vic.gov.au s. 104 -- 62 of 68 -- Part 9—Amendments Relating to Reversionary Pensions and Same-Sex Partners Superannuation Legislation Amendment Act 2010 No. 40 of 2010 58 105 Definitions—Supreme Court Act 1986 In section 3(1) of the Supreme Court Act 1986 for the definition of partner substitute— "partner of a person means the person's spouse or domestic partner;". 106 Pension entitlements of Associate Judges, their partners and children After section 104A(13) of the Supreme Court Act 1986 insert— "(14) For the purposes of subsection (2), the definition of partner as substituted by section 105 of the Superannuation Legislation Amendment Act 2010 applies in respect of the entitlement to a pension of a partner of an Associate Judge, a former Associate Judge or a former Master only if the death of the Associate Judge, former Associate Judge or former Master occurs on or after the commencement of the substituting section.". See: Act No. 110/1986. Reprint No. 6 as at 28 April 2006 and amending Act Nos 48/2006, 24/2007, 8/2008, 9/2008, 23/2008, 24/2008, 78/2008, 4/2009, 9/2009, 50/2009, 68/2009, 69/2009 and 11/2010. LawToday: www. legislation. vic.gov.au s. 105 -- 63 of 68 -- Part 9—Amendments Relating to Reversionary Pensions and Same-Sex Partners Superannuation Legislation Amendment Act 2010 No. 40 of 2010 59 107 Definitions relating to pensions—County Court Act 1958 In section 3AA(1) of the County Court Act 1958 for the definition of partner substitute— "partner of a person means the person's spouse or domestic partner;". 108 Pension entitlements of County Court judges and their partners After section 14(21) of the County Court Act 1958 insert— "(22) For the purposes of subsection (3), the definition of partner as substituted by section 107 of the Superannuation Legislation Amendment Act 2010 applies in respect of the entitlement to a pension of a partner of a judge or former judge only if the death of the judge or former judge occurs on or after the commencement of the substituting section.". See: Act No. 6230. Reprint No. 13 as at 15 January 2009 and amending Act Nos 8/2008, 78/2008, 4/2009, 9/2009, 38/2009, 50/2009, 68/2009, 69/2009 and 1/2010. LawToday: www. legislation. vic.gov.au s. 107 -- 64 of 68 -- Part 9—Amendments Relating to Reversionary Pensions and Same-Sex Partners Superannuation Legislation Amendment Act 2010 No. 40 of 2010 60 109 Pension of Chief Magistrate—Magistrates' Court Act 1989 (1) In section 10A(5) of the Magistrates' Court Act 1989 for the definition of partner substitute— "partner of a person means the person's spouse or domestic partner;". (2) After section 10A(6) of the Magistrates' Court Act 1989 insert— "(7) For the purposes of subsection (1), the definition of partner as substituted by section 109(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the entitlement to a pension of a partner of a Chief Magistrate or former Chief Magistrate only if the death of the Chief Magistrate or former Chief Magistrate occurs on or after the commencement of the substituting section.". 110 Pensions—Attorney-General and Solicitor-General Act 1972 (1) In section 6(5) of the Attorney-General and Solicitor-General Act 1972 for the definition of partner substitute— "partner of a person means the person's spouse or domestic partner;". (2) After section 6(6) of the Attorney-General and Solicitor-General Act 1972 insert— "(7) For the purposes of subsection (1), the definition of partner as substituted by section 110(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the entitlement to a pension of a partner of a Solicitor-General or former Solicitor-General only if the death of the Solicitor-General or former Solicitor-General See: Act No. 51/1989. Reprint No. 15 as at 5 April 2010 and amending Act Nos 51/2006, 52/2008, 9/2010 and 12/2010. LawToday: www. legislation. vic.gov.au s. 109 See: Act No. 8305. Reprint No. 2 as at 17 June 2003 and amending Act Nos 79/2006, 23/2008, 83/2008 and 4/2009. LawToday: www. legislation. vic.gov.au -- 65 of 68 -- Part 9—Amendments Relating to Reversionary Pensions and Same-Sex Partners Superannuation Legislation Amendment Act 2010 No. 40 of 2010 61 occurs on or after the commencement of the substituting section.". __________________ s. 110 -- 66 of 68 -- Part 10—Repeal of Amending Act Superannuation Legislation Amendment Act 2010 No. 40 of 2010 62 PART 10—REPEAL OF AMENDING ACT 111 Repeal of amending Act This Act is repealed on 1 December 2011. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 111 -- 67 of 68 -- Superannuation Legislation Amendment Act 2010 No. 40 of 2010 63 ENDNOTES † Minister's second reading speech— Legislative Assembly: 26 May 2010 Legislative Council: 10 June 2010 The long title for the Bill for this Act was "A Bill for an Act to amend the Attorney-General and Solicitor-General Act 1972, the Constitution Act 1975, the County Court Act 1958, the Emergency Services Superannuation Act 1986, the Magistrates' Court Act 1989, the Parliamentary Salaries and Superannuation Act 1968, the Police Regulation Act 1958, the State Employees Retirement Benefits Act 1979, the State Superannuation Act 1988, the Superannuation (Portability) Act 1989, the Supreme Court Act 1986 and the Transport Superannuation Act 1988 and for other purposes." Constitution Act 1975: Absolute majorities: Legislative Assembly: 10 June 2010 Legislative Council: 22 June 2010 Endnotes -- 68 of 68 --