Superannuation Legislation Amendment Act 2009

i Superannuation Legislation Amendment Act 2009 No. 38 of 2009 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 PART 2—EMERGENCY SERVICES SUPERANNUATION ACT 1986 3 3 Definitions 3 4 Application of Act 4 5 New section 4AA inserted—Eligible protective services officer may make election 4 4AA Eligible protective services officer may make election 4 6 Amendment of section 6—Objectives and duties of Board 5 7 Amendment of section 20—Scheme may be supplemented by Consolidated Fund 7 8 Amendment of section 20B—Membership 7 9 Amendment of section 20E—Death of contributor or police recruit 7 10 Amendment of section 20F—Disability of contributor or police recruit 8 11 Amendment of section 21—Definitions 8 12 Amendment of section 21B—Membership of ESSPLAN 8 13 New section 21JB inserted—Optional disability and death cover for eligible spouses 9 21JB Optional disability and death cover for eligible spouses 9 14 Consequential amendment of section 21G—Disability and death insurance under ESSPLAN 10 15 Amendment of section 22E—Definitions 10 16 Amendment of section 22F—Obligation on Board 10 PART 3—CONSTITUTION ACT 1975 12 17 Amendment of section 5A—Definitions relating to pensions 12 18 Amendment of section 7—Appropriation for staff and other expenses of the Governor 12 19 Amendment of section 83—As to pensions of Judges of the Supreme Court and their partners and children 13 -- 1 of 33 -- Section Page ii PART 4—COUNTY COURT ACT 1958 15 20 Amendment of section 3AA—Definitions relating to pensions 15 21 Amendment of section 14—Provisions for pensions to County Court judges and their partners 15 PART 5—PARLIAMENTARY SALARIES AND SUPERANNUATION ACT 1968 17 22 New section 18A inserted—Re-instatement of pension cancelled on the ground of re-marriage 17 18A Re-instatement of pension cancelled on the ground of re-marriage 17 23 Amendment of section 21CA—Definitions 18 24 Amendment of section 21CC—Obligation on Parliamentary Trustee 18 PART 6—STATE EMPLOYEES RETIREMENT BENEFITS ACT 1979 20 25 Amendment of section 24A—Eligible member account 20 26 Amendment of section 66AA—Definitions 20 27 Amendment of section 66AC—Obligation on Board 20 PART 7—STATE SUPERANNUATION ACT 1988 22 28 New section 38 inserted—Re-instatement of pension cancelled on the ground of re-marriage 22 38 Re-instatement of pension cancelled on the ground of re-marriage 22 29 Amendment of section 59AA—Definitions 23 30 Amendment of section 59AC—Obligation on Board 23 31 Amendment of section 60A—Eligible member account 24 PART 8—TRANSPORT SUPERANNUATION ACT 1988 25 32 Amendment of section 28A—Eligible member account 25 33 Amendment of section 36AA—Definitions 25 34 Amendment of section 36AC—Obligation on Board 26 PART 9—SUPERANNUATION (PORTABILITY) ACT 1989 27 35 Amendment of section 3—Definitions 27 36 Amendment of section 9AA—Obligation on administrators 27 -- 2 of 33 -- Section Page iii PART 10—REPEAL OF AMENDING ACT 29 37 Repeal of Act 29 ═══════════════ ENDNOTES 30 -- 3 of 33 -- 1 Superannuation Legislation Amendment Act 2009 † No. 38 of 2009 [Assented to 30 June 2009] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The main purpose of this Act is to make miscellaneous amendments to specified Superannuation Acts. Victoria -- 4 of 33 -- Part 1—Preliminary Superannuation Legislation Amendment Act 2009 No. 38 of 2009 2 2 Commencement (1) This Act (other than sections 3, 4, 5, 7, 8, 9 and 10) comes into operation on the day after the day on which it receives the Royal Assent. (2) Subject to subsection (3), sections 3, 4, 5, 7, 8, 9 and 10 come into operation on a day to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 July 2010, it comes into operation on that day. __________________ s. 2 -- 5 of 33 -- Part 2—Emergency Services Superannuation Act 1986 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 3 PART 2—EMERGENCY SERVICES SUPERANNUATION ACT 1986 3 Definitions (1) In section 3(1) of the Emergency Services Superannuation Act 1986, insert the following definitions— "eligible protective services officer means a person who was appointed as a protective services officer during the period commencing on or after 1 January 1994 and ending on the day on which section 3 of the Superannuation Legislation Amendment Act 2009 comes into operation; protective services officer means a person appointed under section 118B of the Police Regulation Act 1958;". (2) In section 3(1) of the Emergency Services Superannuation Act 1986— (a) in the definition of employee, in paragraph (ba), omit "appointed under section 118B of the Police Regulation Act 1958"; (b) in the definition of operational staff member, after paragraph (a) insert— "(ab) subject to section 4(7C), a protective services officer who has completed a course either in Victoria or elsewhere which enables him or her to undertake general duties as a protective services officer and who has taken and subscribed an oath under section 118C of the Police Regulation Act 1958;"; (c) in the definition of operational staff member, in paragraph (d) omit "(ba),". s. 3 See: Act No. 94/1986. Reprint No. 6 as at 1 December 2005 and amending Act Nos 94/2005, 41/2006, 37/2007, 12/2008, 43/2008, 65/2008 and 4//2009. LawToday: www. legislation. vic.gov.au -- 6 of 33 -- Part 2—Emergency Services Superannuation Act 1986 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 4 4 Application of Act After section 4(7) of the Emergency Services Superannuation Act 1986 insert— "(7A) Despite subsection (7), an eligible protective services officer who— (a) is a member of the ESSPLAN Scheme; and (b) elects to become a contributor to the Scheme in accordance with section 4AA— becomes a contributor to the Scheme under Part 3AA from the day on which the Board accepts the election. (7B) An eligible protective services officer who is a member of the ESSPLAN Scheme and does not make an election under section 4AA continues to be a member of the ESSPLAN Scheme. (7C) An eligible protective services officer who is a member of the ESSPLAN Scheme and has not made an election under section 4AA cannot be a contributor to the Scheme under Part 3AA.". 5 New section 4AA inserted—Eligible protective services officer may make election After section 4A of the Emergency Services Superannuation Act 1986 insert— "4AA Eligible protective services officer may make election (1) An eligible protective services officer who is a member of the ESSPLAN Scheme may within the election period elect to become a contributor to the Scheme under Part 3AA. s. 4 -- 7 of 33 -- Part 2—Emergency Services Superannuation Act 1986 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 5 (2) An election under subsection (1)— (a) must be in writing addressed to the Board in a form approved by the Board; (b) cannot be withdrawn after the eligible protective services officer has been advised by the Board that the election has been accepted; (c) ceases to have effect, if before the Board has accepted the election, the eligible protective services officer— (i) dies; or (ii) suffers a disability; or (iii) terminates service. (3) The Minister may, on the advice of the Board, by further notice published in the Government Gazette before the expiry of the election period extend the election period to a later date specified in the notice. (4) For the purposes of this section, election period means the period specified by the Minister by notice published in the Government Gazette to be the specified period in respect of all eligible protective services officers or in respect of classes of eligible protective services officers specified in the notice.". 6 Amendment of section 6—Objectives and duties of Board (1) In section 6(2)(h) of the Emergency Services Superannuation Act 1986 after "Part VIIIB" insert "and VIIIAB". s. 6 -- 8 of 33 -- Part 2—Emergency Services Superannuation Act 1986 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 6 (2) After section 6(2)(h) of the Emergency Services Superannuation Act 1986 insert— "(ha) ensure that the provisions of Subdivision B of Division 3 of Part VI of the Commonwealth Bankruptcy Act 1966 and regulations made under that Act for the purposes of that Subdivision are complied with; and". (3) In section 6(2C) of the Emergency Services Superannuation Act 1986— (a) after "Part VIIIB" (where twice occurring) insert "or VIIIAB"; (b) for "that Part" (where twice occurring) substitute "those Parts". (4) After section 6(2C) of the Emergency Services Superannuation Act 1986 insert— "(2D) If any provision of Subdivision B of Division 3 of Part VI of the Commonwealth Bankruptcy Act 1966 or of any regulations made under that Act for the purposes of that Subdivision is inconsistent with a Superannuation Act or any regulations made under a Superannuation Act or the governing instrument of an administered scheme, the Board is to be taken to have complied with the Superannuation Act or the regulations or the governing instrument of the administered scheme if the Board has complied with the provision of Subdivision B of Division 3 of Part VI of the Commonwealth Bankruptcy Act 1966 or of any regulations made under that Act for the purposes of that Subdivision.". s. 6 -- 9 of 33 -- Part 2—Emergency Services Superannuation Act 1986 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 7 7 Amendment of section 20—Scheme may be supplemented by Consolidated Fund After section 20(1)(ad) of the Emergency Services Superannuation Act 1986 insert— "(ae) protective services officers other than eligible protective services officers; or (af) eligible protective services officers to whom section 4(7A) applies; or". 8 Amendment of section 20B—Membership After section 20B(4)(b) of the Emergency Services Superannuation Act 1986 insert— "(ba) in the case of an eligible protective services officer to whom section 4(7A) applies, any period during which the eligible protective services officer was not a contributor to the Scheme; or". 9 Amendment of section 20E—Death of contributor or police recruit After section 20E(8) of the Emergency Services Superannuation Act 1986 insert— "(9) This section applies to a protective services officer who was a contributor before section 3 of the Superannuation Legislation Amendment Act 2009 comes into operation as if he or she continued not to be an operational staff member after that commencement.". s. 7 -- 10 of 33 -- Part 2—Emergency Services Superannuation Act 1986 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 8 10 Amendment of section 20F—Disability of contributor or police recruit After section 20F(21) of the Emergency Services Superannuation Act 1986 insert— "(22) This section applies to a protective services officer who was a contributor before section 3 of the Superannuation Legislation Amendment Act 2009 comes into operation as if he or she continued not to be an operational staff member after that commencement.". 11 Amendment of section 21—Definitions In section 21 of the Emergency Services Superannuation Act 1986, in the definition of member, after paragraph (c) insert— "or (d) a beneficiary who has a beneficiary account and applies to become a member of the ESSPLAN Scheme in accordance with section 21B(1)(ca);". 12 Amendment of section 21B—Membership of ESSPLAN After section 21B(1)(c) of the Emergency Services Superannuation Act 1986 insert— "(ca) if the person is a beneficiary who has a beneficiary account and applies in writing to the Board to become a member, if and when the Board accepts the application; or". s. 10 -- 11 of 33 -- Part 2—Emergency Services Superannuation Act 1986 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 9 13 New section 21JB inserted—Optional disability and death cover for eligible spouses After section 21JA of the Emergency Services Superannuation Act 1986 insert— "21JB Optional disability and death cover for eligible spouses (1) The Board may in accordance with this section offer optional disability and death cover to eligible spouses who are spouse account holders under section 21JA whom the Board determines are eligible. (2) The Board may determine the level of optional disability and death cover and the basis on which and the terms and conditions that are to apply. (3) An application for optional additional disability and death cover— (a) must be in the form approved by the Board; and (b) must be accompanied by any information required by the Board. (4) For the purposes of this section, the Board may require an eligible spouse to submit to any medical examination that the Board considers appropriate. (5) The Board may obtain any evaluation of any medical examination or other information provided as the Board considers appropriate. (6) Unless the Board otherwise determines, disability and death cover in force under this section ceases after the eligible spouse ceases to be a member.". s. 13 -- 12 of 33 -- Part 2—Emergency Services Superannuation Act 1986 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 10 14 Consequential amendment of section 21G— Disability and death insurance under ESSPLAN In section 21G(1) of the Emergency Services Superannuation Act 1986 for "and 21FA" substitute ", 21FA and 21JB". 15 Amendment of section 22E—Definitions In section 22E(1) of the Emergency Services Superannuation Act 1986— (a) after the definition of splitting order insert— "spouse has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;"; (b) in the definition of superannuation agreement for "section 90MH" substitute "section 90MD". 16 Amendment of section 22F—Obligation on Board (1) In section 22F(1) of the Emergency Services Superannuation Act 1986 after "Part VIIIB" insert "or VIIIAB". (2) After section 22F(2) of the Emergency Services Superannuation Act 1986 insert— "(2A) This section also applies to— (a) a superannuation agreement which provides for a payment split; or (b) a flag lifting agreement which provides for a payment split; or (c) a splitting order— which was served on the Board under Part VIIIAB of the Commonwealth Family Law Act 1975 before the commencement of section 16 of the Superannuation Legislation Amendment Act 2009 if the s. 14 -- 13 of 33 -- Part 2—Emergency Services Superannuation Act 1986 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 11 non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.". __________________ s. 16 -- 14 of 33 -- Part 3—Constitution Act 1975 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 12 PART 3—CONSTITUTION ACT 1975 17 Amendment of section 5A—Definitions relating to pensions (1) In section 5A(1) of the Constitution Act 1975— (a) in the definition of spouse; after "of a person" insert "(except in sections 83(8) to 83(22))"; (b) in the definition of superannuation agreement for "section 90MH" substitute "section 90MD". (2) After 5A(1) of the Constitution Act 1975 insert— "(1A) For the purposes of sections 83(8) to 83(22), spouse has the meaning given by section 90MD of the Commonwealth Family Law Act 1975.". 18 Amendment of section 7—Appropriation for staff and other expenses of the Governor (1) After section 7(1A) of the Constitution Act 1975 insert— "(1AA) If the Governor enters into an arrangement under Schedule 1A to the Public Administration Act 2004, the Governor may receive the whole or part of his or her total amount of future remuneration as non- salary benefits of an equivalent value.". (2) In section 7(2) of the Constitution Act 1975 after "salary" insert "(including the amount of any non- salary benefits)". s. 17 See: Act No. 8750. Reprint No. 19 as at 15 January 2009 and amending Act No. 4/2009. LawToday: www. legislation. vic.gov.au -- 15 of 33 -- Part 3—Constitution Act 1975 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 13 (3) After section 7(3) of the Constitution Act 1975 insert— "(4) Despite the commencement of the amendments of this section made by section 18 of the Superannuation Legislation Amendment Act 2009, this section (as in force immediately before the commencement of that section 18) continues to apply during the continuance in office after that commencement of the person who held office as Governor immediately before that commencement. (5) In this section, non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004.". 19 Amendment of section 83—As to pensions of Judges of the Supreme Court and their partners and children (1) In section 83(9) of the Constitution Act 1975 after "Part VIIIB" insert "or VIIIAB". (2) After section 83(10) of the Constitution Act 1975 insert— "(10A) This section also applies to— (a) a superannuation agreement which provides for a payment split; or (b) a flag lifting agreement which provides for a payment split; or (c) a splitting order— which was served on the Minister under Part VIIIAB of the Commonwealth Family Law Act 1975 before the commencement of section 19 of the Superannuation Legislation Amendment Act 2009 if the non-member spouse's entitlements in respect s. 19 -- 16 of 33 -- Part 3—Constitution Act 1975 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 14 of the superannuation interest have not been satisfied as at that commencement.". __________________ s. 19 -- 17 of 33 -- Part 4—County Court Act 1958 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 15 PART 4—COUNTY COURT ACT 1958 20 Amendment of section 3AA—Definitions relating to pensions (1) In section 3AA(1) of the County Court 1958— (a) in the definition of spouse; after "of a person" insert "(except in sections 14(7) to 14(21))"; (b) in the definition of superannuation agreement for "section 90MH" substitute "section 90MD". (2) After 3AA(1) of the County Court Act 1958 insert— "(1A) For the purposes of sections 14(7) to 14(21), spouse has the meaning given by section 90MD of the Commonwealth Family Law Act 1975.". 21 Amendment of section 14—Provisions for pensions to County Court judges and their partners (1) In section 14(8) of the County Court Act 1958 after "Part VIIIB" insert "or VIIIAB". (2) After section 14(9) of the County Court Act 1958 insert— "(9A) This section also applies to— (a) a superannuation agreement which provides for a payment split; or (b) a flag lifting agreement which provides for a payment split; or (c) a splitting order— which was served on the Minister under Part VIIIAB of the Commonwealth Family Law Act 1975 before the commencement of section 21 of the Superannuation s. 20 See: Act No. 6230. Reprint No. 13 as at 15 January 2009 and amending Act Nos 8/2008, 78/2008, 4/2009 and 9/2009. LawToday: www. legislation. vic.gov.au -- 18 of 33 -- Part 4—County Court Act 1958 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 16 Legislation Amendment Act 2009 if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.". __________________ s. 21 -- 19 of 33 -- Part 5—Parliamentary Salaries and Superannuation Act 1968 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 17 PART 5—PARLIAMENTARY SALARIES AND SUPERANNUATION ACT 1968 22 New section 18A inserted—Re-instatement of pension cancelled on the ground of re-marriage After section 18 of the Parliamentary Salaries and Superannuation Act 1968 insert— "18A Re-instatement of pension cancelled on the ground of re-marriage (1) This section applies to a person who— (a) received a pension under section 18 as the partner of a deceased member; and (b) as a result of re-marriage, had their entitlement to that pension cancelled. (2) A person to whom this section applies may apply in writing to the Parliamentary Trustee to receive a pension under section 18. (3) The Parliamentary Trustee must grant an application made under subsection (2) if the Parliamentary Trustee is satisfied that— (a) the applicant is a person to whom this section applies; and (b) the applicant would be entitled to a pension under section 18 as the partner of a deceased member but for the re- marriage. (4) The Parliamentary Trustee may require a person who has made an application under subsection (2) to provide any information that the Parliamentary Trustee considers is necessary to enable the Parliamentary Trustee to determine the matters specified in subsection (3). s. 22 See: Act No. 7723. Reprint No. 9 as at 1 December 2005 and amending Act Nos 97/2005, 4/2007, 41/2007, 12/2008, 83/2008 and 4/2009. LawToday: www. legislation. vic.gov.au -- 20 of 33 -- Part 5—Parliamentary Salaries and Superannuation Act 1968 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 18 (5) If the Parliamentary Trustee grants an application made under subsection (2), the person is entitled to be paid a pension in accordance with section 18 as from the date on which the application was made.". 23 Amendment of section 21CA—Definitions In section 21CA(1) of the Parliamentary Salaries and Superannuation Act 1968— (a) after the definition of splitting order insert— "spouse has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;"; (b) in the definition of superannuation agreement for "section 90MH" substitute "section 90MD". 24 Amendment of section 21CC—Obligation on Parliamentary Trustee (1) In section 21CC(1) of the Parliamentary Salaries and Superannuation Act 1968 after "Part VIIIB" insert "or VIIIAB". (2) After section 21CC(2) of the Parliamentary Salaries and Superannuation Act 1968 insert— "(2A) This section also applies to— (a) a superannuation agreement which provides for a payment split; or (b) a flag lifting agreement which provides for a payment split; or (c) a splitting order— which was served on the Parliamentary Trustee under Part VIIIAB of the Commonwealth Family Law Act 1975 before the commencement of section 24 of s. 23 -- 21 of 33 -- Part 5—Parliamentary Salaries and Superannuation Act 1968 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 19 the Superannuation Legislation Amendment Act 2009 if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.". __________________ s. 24 -- 22 of 33 -- Part 6—State Employees Retirement Benefits Act 1979 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 20 PART 6—STATE EMPLOYEES RETIREMENT BENEFITS ACT 1979 25 Amendment of section 24A—Eligible member account After section 24A(6) of the State Employees Retirement Benefits Act 1979 insert— "(6A) A member may elect in writing to roll over, transfer or allot the net balance of the member's eligible member account within the superannuation system.". 26 Amendment of section 66AA—Definitions In section 66AA(1) of the State Employees Retirement Benefits Act 1979— (a) after the definition of splitting order insert— "spouse has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;"; (b) in the definition of superannuation agreement for "section 90MH" substitute "section 90MD". 27 Amendment of section 66AC—Obligation on Board (1) In section 66AC(1) of the State Employees Retirement Benefits Act 1979 after "Part VIIIB" insert "or VIIIAB". s. 25 See: Act No 9363. Reprint No. 6 as at 1 December 2005 and amending Act Nos 97/2005, 24/2006, 37/2007, 12/2008 and 4/2009. LawToday: www. legislation. vic.gov.au -- 23 of 33 -- Part 6—State Employees Retirement Benefits Act 1979 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 21 (2) After section 66AC(2) of the State Employees Retirement Benefits Act 1979 insert— "(2A) This section also applies to— (a) a superannuation agreement which provides for a payment split; or (b) a flag lifting agreement which provides for a payment split; or (c) a splitting order— which was served on the Board under Part VIIIAB of the Commonwealth Family Law Act 1975 before the commencement of section 27 of the Superannuation Legislation Amendment Act 2009 if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.". __________________ s. 27 -- 24 of 33 -- Part 7—State Superannuation Act 1988 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 22 PART 7—STATE SUPERANNUATION ACT 1988 28 New section 38 inserted—Re-instatement of pension cancelled on the ground of re-marriage After section 37 of the State Superannuation Act 1988 insert— "38 Re-instatement of pension cancelled on the ground of re-marriage (1) This section applies to a person who— (a) received a pension under section 36 or 37 as the partner of a deceased revised scheme member or pensioner; and (b) as a result of re-marriage, had their entitlement to that pension cancelled. (2) A person to whom this section applies may apply in writing to the Board to receive a pension under section 36 or 37. (3) The Board must grant an application made under subsection (2) if the Board is satisfied that— (a) the applicant is a person to whom this section applies; and (b) the applicant would be entitled to a pension under section 36 or 37 as the partner of a deceased revised scheme member or pensioner but for the re- marriage. (4) If the Board grants an application made under subsection (2), the person is entitled to be paid a pension in accordance with section 36 or 37 as from the date on which the application was made.". s. 28 See: Act No. 50/1988. Reprint No. 6 as at 1 December 2005 and amending Act Nos 97/2005, 24/2006, 37/2007, 12/2008, 43/2008, 70/2008 and 4/2009. LawToday: www. legislation. vic.gov.au -- 25 of 33 -- Part 7—State Superannuation Act 1988 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 23 29 Amendment of section 59AA—Definitions In section 59AA(1) of the State Superannuation Act 1988— (a) after the definition of splitting order insert— "spouse has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;"; (b) in the definition of superannuation agreement for "section 90MH" substitute "section 90MD". 30 Amendment of section 59AC—Obligation on Board (1) In section 59AC(1) of the State Superannuation Act 1988 after "Part VIIIB" insert "or VIIIAB". (2) After section 59AC(2) of the State Superannuation Act 1988 insert— "(2A) This section also applies to— (a) a superannuation agreement which provides for a payment split; or (b) a flag lifting agreement which provides for a payment split; or (c) a splitting order— which was served on the Board under Part VIIIAB of the Commonwealth Family Law Act 1975 before the commencement of section 30 of the Superannuation Legislation Amendment Act 2009 if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.". s. 29 -- 26 of 33 -- Part 7—State Superannuation Act 1988 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 24 31 Amendment of section 60A—Eligible member account After section 60A(6) of the State Superannuation Act 1988 insert— "(6A) A contributor may elect in writing to roll over, transfer or allot the net balance of the contributor's eligible member account within the superannuation system.". __________________ s. 31 -- 27 of 33 -- Part 8—Transport Superannuation Act 1988 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 25 PART 8—TRANSPORT SUPERANNUATION ACT 1988 32 Amendment of section 28A—Eligible member account After section 28A(6) of the Transport Superannuation Act 1988 insert— "(6A) A member may elect in writing to roll over, transfer or allot the net balance of the member's eligible member account within the superannuation system.". 33 Amendment of section 36AA—Definitions In section 36AA(1) of the Transport Superannuation Act 1988— (a) after the definition of splitting order insert— "spouse has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;"; (b) in the definition of superannuation agreement for "section 90MH" substitute "section 90MD". s. 32 See: Act No. 33/1988. Reprint No. 5 as at 1 December 2005 and amending Act Nos 97/2005, 37/2007, 12/2008, 43/2008 and 4/2009. LawToday: www. legislation. vic.gov.au -- 28 of 33 -- Part 8—Transport Superannuation Act 1988 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 26 34 Amendment of section 36AC—Obligation on Board (1) In section 36AC(1) of the Transport Superannuation Act 1988 after "Part VIIIB" insert "or VIIIAB". (2) After section 36AC(2) of the Transport Superannuation Act 1988 insert— "(2A) This section also applies to— (a) a superannuation agreement which provides for a payment split; or (b) a flag lifting agreement which provides for a payment split; or (c) a splitting order— which was served on the Board under Part VIIIAB of the Commonwealth Family Law Act 1975 before the commencement of section 34 of the Superannuation Legislation Amendment Act 2009 if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.". __________________ s. 34 -- 29 of 33 -- Part 9—Superannuation (Portability) Act 1989 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 27 PART 9—SUPERANNUATION (PORTABILITY) ACT 1989 35 Amendment of section 3—Definitions (1) In section 3(1) of the Superannuation (Portability) Act 1989, in the definition of spouse, after "of a person" insert "(except in sections 9AA to 9AD)". (2) In section 3(4) of the Superannuation (Portability) Act 1989— (a) after the definition of splitting order insert— "spouse, in sections 9AA to 9AD, has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;"; (b) in the definition of superannuation agreement for "section 90MH" substitute "section 90MD". 36 Amendment of section 9AA—Obligation on administrators (1) In section 9AA(1) of the Superannuation (Portability) Act 1989 after "Part VIIIB" insert "or VIIIAB". (2) After section 9AA(2) of the Superannuation (Portability) Act 1989 insert— "(2A) This section also applies to— (a) a superannuation agreement which provides for a payment split; or (b) a flag lifting agreement which provides for a payment split; or (c) a splitting order— which was served on the administrators under Part VIIIAB of the Commonwealth s. 35 See: Act No. 14/1989. Reprint No. 5 as at 1 December 2005 and amending Act Nos 37/2007, 12/2008 and 4/2009. LawToday: www. legislation. vic.gov.au -- 30 of 33 -- Part 9—Superannuation (Portability) Act 1989 Superannuation Legislation Amendment Act 2009 No. 38 of 2009 28 Family Law Act 1975 before the commencement of section 36 of the Superannuation Legislation Amendment Act 2009 if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.". __________________ s. 36 -- 31 of 33 -- Part 10—Repeal of Amending Act Superannuation Legislation Amendment Act 2009 No. 38 of 2009 29 PART 10—REPEAL OF AMENDING ACT 37 Repeal of Act This Act is repealed on 1 July 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. 37 -- 32 of 33 -- Superannuation Legislation Amendment Act 2009 No. 38 of 2009 30 ENDNOTES † Minister's second reading speech— Legislative Assembly: 7 May 2009 Legislative Council: 10 June 2009 The long title for the Bill for this Act was "A Bill for an Act to amend the Emergency Services Superannuation Act 1986, the Constitution Act 1975, the County Court Act 1958, the Parliamentary Salaries and Superannuation Act 1968, the State Employees Retirement Benefits Act 1979, the State Superannuation Act 1988, the Transport Superannuation Act 1988 and the Superannuation (Portability) Act 1989 and for other purposes." Constitution Act 1975: Special and Absolute majorities: Legislative Assembly: 9 June 2009 Legislative Council: 23 June 2009 Endnotes -- 33 of 33 --