Parliamentary Superannuation Legislation (Reform) Act 2004
Victorian Legislation and Parliamentary Documents
i
Parliamentary Superannuation Legislation
(Reform) Act 2004
Act No. 78/2004
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2—PARLIAMENTARY SALARIES AND
SUPERANNUATION ACT 1968 3
Division 1—Closure of Parliamentary Contribution Superannuation
Fund 3
3. Section 14A substituted—Closure of existing benefits scheme 3
14A. Application of Division 3
4. Amendment of section 21A—Closure of new benefits scheme 4
5. Amendment of section 21C—Benefits 5
6. Consequential renumbering of Parts 5
Division 2—Parliamentary Accumulation Superannuation
Arrangements 6
7. New Part 4 inserted 6
PART 4—PARLIAMENTARY ACCUMULATION
SUPERANNUATION ARRANGEMENTS 6
Division 1—Preliminary 6
26. Definitions 6
27. Meaning of complying superannuation fund 8
28. Meaning of new arrangements entry time 9
29. Meaning of new arrangements contribution period 10
Division 2—State's Obligations to Make Contributions 11
30. Persons to whom this Division applies 11
31. The State's obligations to make contributions 11
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Section Page
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Division 3—Choice of Funds 13
32. Meaning of fund—includes schemes and accounts 13
33. When may a person choose a fund? 13
34. The nature of the choice 14
35. How to make a choice 14
36. Duration of a choice notice 15
37. Variation of a choice notice 15
38. Revocation of a choice notice 17
39. Obligation to notify person of right to choose a fund 17
Division 4—The Default Fund 18
40. Declaration of the default fund 18
Division 5—Miscellaneous 19
41. Salary sacrifice 19
42. Appropriation 21
43. Regulations 21
PART 3—THE CONSTITUTION ACT AMENDMENT ACT 1958 22
8. Amendment of section 30—Definition of "public service" 22
9. Amendment of section 30—Privileges of certain former
members 22
10. New section 30A inserted—Privileges of new members 23
30A. Privileges of new members 23
PART 4—AMENDMENTS TO OTHER SUPERANNUATION
ACTS 31
Division 1—Government Superannuation Act 1999 31
11. Amendment of section 42—MTA Superannuation Fund 31
Division 2—State Employees Retirement Benefits Act 1979 34
12. Amendment of section 2—Definitions 34
13. New section 24A inserted—Eligible member account 35
24A. Eligible member account 35
Division 3—State Superannuation Act 1988 37
14. Amendment of section 3—Definitions 37
15. New section 60A inserted—Eligible member account 37
60A. Eligible member account 37
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Division 4—Transport Superannuation Act 1988 39
16. Amendment of section 3—Definitions 39
17. New section 28A inserted—Eligible member account 40
28A. Eligible member account 40
═══════════════
ENDNOTES 43
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Victorian Legislation and Parliamentary Documents
1
Parliamentary Superannuation
Legislation (Reform) Act 2004†
[Assented to 9 November 2004]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is—
(a) to amend the Parliamentary Salaries and
Superannuation Act 1968—
(i) to close the Parliamentary Contributory
Superannuation Fund to new Members
of Parliament; and
Victoria
No. 78 of 2004
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Parliamentary Superannuation Legislation (Reform) Act 2004
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(ii) to provide superannuation
arrangements for new Members of
Parliament;
(b) to amend The Constitution Act
Amendment Act 1958 in relation to the
privileges of certain Members of Parliament;
(c) to amend the Government Superannuation
Act 1999, the State Employees Retirement
Benefits Act 1979, the State
Superannuation Act 1988 and the
Transport Superannuation Act 1988 to
enable the acceptance of Government
co-contributions.
2. Commencement
(1) This Act, other than section 8, comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Section 8 is deemed to have come into operation
on 1 January 1987.
__________________
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PART 2—PARLIAMENTARY SALARIES AND
SUPERANNUATION ACT 1968
Division 1—Closure of Parliamentary Contribution
Superannuation Fund
3. Section 14A substituted—Closure of existing
benefits scheme
For section 14A of the Parliamentary Salaries
and Superannuation Act 1968 substitute—
"14A. Application of Division
(1) This Division does not apply to, or in respect
of, a member to whom Division 3 of this Part
or Part 4 applies.
(2) If this Division applies to, or in respect of, a
member immediately before the
commencement of section 3 of the
Parliamentary Superannuation
Legislation (Reform) Act 2004, the
entitlements of that member are to be
determined in accordance with this Division
if—
(a) subject to paragraph (b), the person
continues to be a member and after
ceasing to be member does not
subsequently become a member to
whom Part 4 applies; or
(b) the person ceases to be a member as a
result of resigning as a member of a
House of the Parliament and is elected
as a member of the other House of the
Parliament within 3 months after the
resignation.".
See:
Act No.
7723.
Reprint No. 8
as at
15 October
2003
and
amending
Act No.
110/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
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4. Amendment of section 21A—Closure of new
benefits scheme
(1) In section 21A(1) of the Parliamentary Salaries
and Superannuation Act 1968, for "This"
substitute "Subject to sub-sections (1A) and (1B),
this".
(2) After section 21A(1) of the Parliamentary
Salaries and Superannuation Act 1968 insert—
"(1A) This Division does not apply to, or in respect
of, a member to whom Part 4 applies.
(1B) If this Division applies to, or in respect of, a
member immediately before the
commencement of section 4 of the
Parliamentary Superannuation
Legislation (Reform) Act 2004, the
entitlements of that member are to be
determined in accordance with this Division
if—
(a) subject to paragraph (b), the person
continues to be a member and after
ceasing to be member does not
subsequently become a member to
whom Part 4 applies; or
(b) the person ceases to be a member as a
result of resigning as a member of a
House of the Parliament and is elected
as a member of the other House of the
Parliament within 3 months after the
resignation.".
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5. Amendment of section 21C—Benefits
In section 21C(1) of the Parliamentary Salaries
and Superannuation Act 1968, after "1996"
insert "and in accordance with Schedule 1 to the
Commonwealth Parliamentary Contributory
Superannuation Act 1948 as inserted by the
Commonwealth Parliamentary Superannuation
and Other Entitlements Legislation Amendment
Act 2004, subject to any modifications to that
Schedule which the Parliamentary Trustee
considers are necessary to give effect to the
modifications to Part V of the Commonwealth
Parliamentary Contributory Superannuation Act
1948 specified in sub-section (2)".
6. Consequential renumbering of Parts
(1) In the Parliamentary Salaries and
Superannuation Act 1968—
(a) before section 1 insert—
"PART 1—PRELIMINARY";
(b) for the Part Heading before section 6
substitute—
"PART 2—PARLIAMENTARY SALARIES
AND ALLOWANCES";
(c) for the Part Heading before section 10
substitute—
"PART 3—PARLIAMENTARY
CONTRIBUTORY SUPERANNUATION
FUND".
(2) Section 1(3) of the Parliamentary Salaries and
Superannuation Act 1968 is repealed.
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(3) In section 45A(6) of The Constitution Act
Amendment Act 1958, in the definition of "basic
salary", for "Part II" substitute "Part 3".
(4) In the Parliamentary Contributory
Superannuation Act 1962—
(a) in section 2(3) for "Part II" substitute
"Part 3";
(b) in section 9A(6), in the definition of "basic
salary", for "Part II" substitute "Part 3".
Division 2—Parliamentary Accumulation Superannuation
Arrangements
7. New Part 4 inserted
After section 25 of the Parliamentary Salaries
and Superannuation Act 1968 insert—
'PART 4—PARLIAMENTARY
ACCUMULATION SUPERANNUATION
ARRANGEMENTS
Division 1—Preliminary
26. Definitions
In this Part—
"administering authority" means—
(a) in relation to a person who is a
member of the Legislative
Assembly, the Clerk of the
Legislative Assembly; and
(b) in relation to a person who is a
member of the Legislative
Council, the Clerk of the
Legislative Council;
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"basic contributions fund", in relation to a
person at a particular time, means—
(a) if a choice notice given by the
member is in force under
Division 3 at that time, the fund
that is, at that time, specified in
the notice as the chosen fund; or
(b) in any other case, the fund or
scheme that is, at that time, the
default fund;
"choice notice" means a notice under
section 35;
"chosen fund" means the fund chosen by a
member under section 34;
"complying superannuation fund" has the
meaning given by section 27;
"default fund" means the fund or scheme
declared by the Minister to be the
default fund under Division 4;
"election" has the same meaning as it has in
section 3 of the Electoral Act 2002;
"month" means one of the 12 months of the
year;
"new arrangements" means parliamentary
accumulation superannuation
arrangements;
"new arrangements contribution period",
in relation to a person, has the meaning
given by section 29;
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"new arrangements entry time", in
relation to a person, has the meaning
given by section 28;
"parliamentary salary" means salary to
which a member is entitled under
section 6(1)(a);
"prescribed" means prescribed by
regulations made under this Part;
"RSA" has the same meaning as in the
Retirement Savings Accounts Act 1997
of the Commonwealth;
"self managed superannuation fund" has
the same meaning as in the
Superannuation Industry (Supervision)
Act 1993 of the Commonwealth.
27. Meaning of complying superannuation
fund
(1) For the purposes of this Part, a fund or
scheme is a complying superannuation fund
at a particular time if, and only if—
(a) the fund or scheme is a complying
superannuation fund for the purposes of
Part IX of the Income Tax Assessment
Act 1936 of the Commonwealth in
relation to the year of income in which
the time occurs; and
(b) the fund or scheme is a superannuation
fund as defined by section 6(1) of the
Income Tax Assessment Act 1936 of
the Commonwealth.
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(2) In applying sub-section (1)(a) in relation to a
fund or scheme and a particular time, the
following are to be disregarded—
(a) any notice that is given after that time
under section 40 of the Superannuation
Industry (Supervision) Act 1993 of the
Commonwealth and that relates to the
fund or scheme and the year of income
in which the time occurs;
(b) any revocation or setting aside, after
that time, of a notice given before that
time under section 40 of the
Superannuation Industry (Supervision)
Act 1993 of the Commonwealth and
that relates to the fund or scheme and
the year of income in which the time
occurs or an earlier year of income.
28. Meaning of new arrangements entry time
(1) For the purposes of this Part, the new
arrangements entry time for a person is the
first time after the commencement of
section 7 of the Parliamentary
Superannuation Legislation (Reform) Act
2004 in relation to which the following
conditions are satisfied—
(a) the time is on or after the election day
for the first election following the
commencement of that section;
(b) the person becomes entitled to a
parliamentary salary at that time;
(c) the person was not entitled to a
parliamentary salary immediately
before that time.
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(2) For the purposes of sub-section (1), if—
(a) a person resigned as a member of a
House of the Parliament; and
(b) was elected as a member of the other
House of the Parliament within
3 months after the resignation—
then the person is taken to have been entitled
to a parliamentary salary from the time the
person resigned as a member until the time
the person was elected as a member of the
other House of the Parliament.
(3) For the purposes of sub-section (2), a person
is taken to be elected on the election day.
(4) For the purposes of this Part, if after the
commencement of section 9 of the
Constitution (Parliamentary Reform) Act
2003, a person becomes a member as a result
of being chosen under section 27A of the
Constitution Act 1975 to fill a casual
vacancy in the Legislative Council the
person is taken to be elected on the day that
the person is chosen to fill the casual
vacancy.
29. Meaning of new arrangements
contribution period
(1) For the purposes of this Part, a new
arrangements contribution period of a person
is a period described in sub-section (2)
or (3).
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(2) The period that starts at the new
arrangements entry time for the person and
that ends when the person next ceases to be
entitled to a parliamentary salary is a new
scheme contribution period of the person.
(3) The period that starts at any later time in
relation to which the following conditions
are satisfied—
(a) the person becomes entitled to a
parliamentary salary at that time; and
(b) the person was not entitled to a
parliamentary salary immediately
before that time—
and that ends when the person next ceases to
be entitled to a parliamentary salary is a new
arrangements contribution period of the
person.
Division 2—State's Obligations to Make
Contributions
30. Persons to whom this Division applies
This Division applies to a member in respect
of a month if all or part of the month is in a
new arrangements contribution period of the
member.
31. The State's obligations to make
contributions
(1) If this Division applies to the member in
respect of a month, the State must make a
contribution, in respect of the member, to the
basic contributions fund of the member.
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(2) Subject to sub-section (3), the amount of the
contribution is an amount equal to the greater
of—
(a) the sum of the prescribed percentage
of—
(i) the amount of parliamentary
salary to which the person is
entitled in respect of the month;
and
(ii) the amount (if any) of additional
salary to which the member is
entitled because he or she was the
holder of an office specified in the
first column of the Table to
section 6 for some or all of the
month; or
(b) the minimum amount necessary to
avoid a superannuation guarantee
shortfall within the meaning of the
Superannuation Guarantee
(Administration) Act 1992 of the
Commonwealth.
(3) An election under section 41 to make
member contributions by way of salary
sacrifice does not affect the amount that
would otherwise constitute parliamentary
salary for the purpose of sub-section (2)(a).
(4) Despite anything to the contrary in this
section, the State is not required by this
section to pay contributions to the person's
basic contributions fund if, under the
Superannuation Industry (Supervision) Act
1993 of the Commonwealth (including the
regulations under that Act), the basic
contributions fund is not permitted to receive
those contributions.
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(5) The administering authority must comply
with any requirements relating to the making
of contributions under the Superannuation
Guarantee (Administration) Act 1992 of the
Commonwealth.
(6) The Superannuation Industry (Supervision)
Act 1993 of the Commonwealth (including
the regulations under that Act) apply in
respect of contributions made under this Part.
(7) In this section, "prescribed percentage"
means the percentage required under the
Superannuation Guarantee (Administration)
Act 1992 of the Commonwealth to ensure
compliance with the minimum level of
contributions required to be made by
employers to avoid incurring a liability for a
superannuation guarantee charge under that
Act.
Division 3—Choice of Funds
32. Meaning of fund—includes schemes and
accounts
In this Division, "fund" includes a scheme
or account.
33. When may a person choose a fund?
A member may choose a fund as described
in section 34 if, and only if, the choice is
made during a new arrangements
contribution period of the member.
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34. The nature of the choice
(1) A member may choose a fund to be the fund
to which contributions are made under this
Part in respect of the member.
(2) At the time the choice is made, the chosen
fund must be—
(a) a complying superannuation fund; or
(b) an RSA.
Note: Complying superannuation funds include any
self-managed funds which are complying
superannuation funds.
(3) There can only be one chosen fund at any
particular time in relation to the member.
35. How to make a choice
(1) A choice of a fund must be made by notice
in writing signed by the member.
(2) The choice notice must—
(a) specify the name of, and contact details
for, the chosen fund;
(b) specify the start date from which the
notice is to have effect, being the date
the notice is given or a later date;
(c) contain such other information (if any)
as is prescribed.
(3) The choice notice must be accompanied by
evidence that the chosen fund will—
(a) accept contributions under this Part;
(b) comply with any requirements which
are prescribed for the purposes of this
section.
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(4) The administrator of a fund may reject a
request that the fund be the chosen fund if
the administrator considers that the fund will
not be able to comply with any requirements
which are prescribed for the purposes of this
section.
(5) The choice notice must be given to the
administering authority.
36. Duration of a choice notice
If sections 33, 34 and 35 are complied with,
a choice notice comes into force on the start
date for the notice and remains in force until
whichever of the following occurs first—
(a) the contribution payable under this Part
in respect of the month in which the
member next ceases to be entitled to
parliamentary salary has been paid; or
(b) a revocation of the choice notice takes
effect; or
(c) the chosen fund ceases to exist; or
(d) the chosen fund ceases to accept
contributions under this Part; or
(e) the chosen fund ceases to be a
complying superannuation fund or an
RSA.
37. Variation of a choice notice
(1) The member may vary a choice notice he or
she has given by notice in writing signed by
the member and given to the administering
authority.
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(2) The only variations that are permitted are—
(a) to change the chosen fund to another
fund that is, at the time the notice is
given—
(i) a complying superannuation fund;
or
(ii) an RSA; or
Note: Complying superannuation funds
include any self-managed funds which
are complying superannuation funds.
(b) if the start date has not already
occurred, to change the start date to a
later date.
(3) The notice of variation must specify a date
from which the variation is to take effect,
being the date on which the notice is given or
a later date.
(4) A notice of variation to change the chosen
fund must—
(a) specify the name of, and contact details
for, the new chosen fund;
(b) be accompanied by evidence that the
new chosen fund will—
(i) accept contributions under this
Part; and
(ii) comply with any requirements
which are prescribed for the
purposes of section 35.
(5) Subject to any later variations, if the notice
of variation complies with this section, it
varies the choice notice accordingly with
effect from the variation date.
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38. Revocation of a choice notice
(1) The member may revoke a choice notice he
or she has given by a notice in writing—
(a) signed by the member; and
(b) given to the administering authority.
(2) The notice of revocation must specify a date
from which the revocation is to take effect,
being the date on which the notice of
revocation is given or a later date.
(3) If the notice of revocation complies with this
section, the revocation takes effect on the
specified date.
39. Obligation to notify person of right to
choose a fund
(1) Within 28 days after the member becomes a
person who, under section 33, can choose a
fund as described in section 34, the
administering authority must cause the
member to be given a written notice
containing the following information—
(a) a statement that the member may
choose as the fund to which
contributions in respect of the member
will be paid under this Part—
(i) a complying superannuation fund;
or
(ii) an RSA;
Note: Complying superannuation funds
include any self-managed funds which
are complying superannuation funds.
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(b) a statement to the effect that if the
member does not choose a fund, the
contributions will be paid to the fund or
scheme that is, from time to time, the
default fund;
(c) such other information (if any) as is
prescribed for the purposes of this
section.
(2) For the purposes of sub-section (1), a person
becomes a person who, under section 33, can
choose a fund as described in section 34, on
whichever of the following days applies—
(a) unless paragraph (b) applies, the first
day of the relevant new scheme
contribution period of the person; or
(b) if the day on which the person is
declared to have been elected under
section 121 of the Electoral Act 2002
is later than the day applicable under
paragraph (a), that later day.
Division 4—The Default Fund
40. Declaration of the default fund
(1) The Minister may by notice published in the
Government Gazette declare that a fund or
scheme is the default fund for the purposes
of this Part.
(2) Before making a declaration under sub-
section (1), the Minister must consult with
the Speaker and the President.
(3) At the time the declaration is made, the fund
or scheme must be a complying
superannuation fund other than a self
managed superannuation fund.
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(4) A declaration made under sub-section (1)
must specify the date of effect of the
declaration which may be the day on which
the notice is published or an earlier or later
day.
(5) The Minister must make a declaration under
sub-section (1) as soon as practicable after
the commencement section 7 of the
Parliamentary Superannuation
Legislation (Reform) Act 2004.
(6) The Minister must ensure that there is only
one default fund at any one time.
(7) The Minister may by notice published in the
Government Gazette revoke a declaration
made under sub-section (1) at any time.
(8) A revocation made under sub-section (7)
must specify the date of effect of the
revocation which may be the day on which
the notice is published or an earlier or later
day.
(9) If the Minister revokes a declaration made
under sub-section (1), the Minister must
make another declaration under sub-
section (1) which takes effect immediately
after the revocation takes effect.
Division 5—Miscellaneous
41. Salary sacrifice
(1) A member may by notice in writing signed
by the member elect to make member
contributions by way of salary sacrifice.
(2) An election under sub-section (1) can only
be made before the parliamentary salary to
which the election is to apply is earned.
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(3) The notice under sub-section (1) must—
(a) specify the percentage of his or her
parliamentary salary not exceeding
50% which is to be used to make
member contributions;
(b) be accompanied by evidence that the
chosen fund or default fund will—
(i) accept contributions under this
section; and
(ii) comply with any requirements
which are prescribed for the
purposes of this section.
(4) The administrator of the chosen fund or
default fund may reject a request under this
section if the administrator considers that the
fund will not be able to comply with any
requirements which are prescribed for the
purposes of this section.
(5) The notice under sub-section (1) must be
given to the administering authority.
(6) The member may vary a notice he or she has
given under sub-section (1) by notice in
writing signed by the member and given to
the administering authority.
(7) The notice of variation must specify a date
from which the variation is to take effect,
being the date on which the notice is given or
a later date.
(8) The member may revoke a notice he or she
has given under sub-section (1) by a notice
in writing—
(a) signed by the member; and
(b) given to the administering authority.
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(9) The notice of revocation must specify a date
from which the revocation is to take effect,
being the date on which the notice of
revocation is given or a later date.
(10) An election under this section does not affect
the entitlement of a member to make
additional superannuation contributions from
his or her post tax salary.
42. Appropriation
The money required for the purposes of
paying contributions under section 31 is to
be paid out of the Consolidated Fund which
is by virtue of this section appropriated to the
necessary extent.
43. Regulations
The Governor in Council may make
regulations for or with respect to any matter
or thing required or permitted by this Part to
be prescribed or necessary to be prescribed
to give effect to this Part.'.
__________________
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Part 3—The Constitution Act Amendment Act 1958
Parliamentary Superannuation Legislation (Reform) Act 2004
Act No. 78/2004
22
PART 3—THE CONSTITUTION ACT AMENDMENT ACT
1958
8. Amendment of section 30—Definition of "public
service"
In section 30(1) of The Constitution Act
Amendment Act 1958, in the definition of
"public service", after paragraph (a) insert—
"(b) any employee within the meaning of
section 3(1) of the Emergency Services
Superannuation Act 1986;".
9. Amendment of section 30—Privileges of certain
former members
(1) In section 30 of The Constitution Act
Amendment Act 1958—
(a) in sub-section (1)—
(i) in the definition of "public service"
omit "railway service";
(ii) in the definition of "teaching service"
after "Education" insert "and
Training";
(b) in sub-section (2)—
(i) omit "or the railway service" (where
twice occurring);
(ii) in paragraph (d), for "the teaching
service the railway service" substitute
"or the teaching service".
See:
Act No.
6224.
Reprint No. 9
as at
1 September
2002.
LawToday:
www.dms.
dpc.vic.
gov.au
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Part 3—The Constitution Act Amendment Act 1958
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23
(2) After section 30(3) of The Constitution Act
Amendment Act 1958 insert—
"(4) Sub-section (2) only applies to and in
relation to any person who is a member of
Parliament immediately before the
commencement of section 9 of the
Parliamentary Superannuation
Legislation (Reform) Act 2004.".
10. New section 30A inserted—Privileges of new
members
After section 30 of The Constitution Act
Amendment Act 1958 insert—
'30A. Privileges of new members
(1) In this section—
"Parliament" means—
(a) the Parliament of Victoria; or
(b) the Parliament of the
Commonwealth of Australia;
"police force" includes the officers and
other members of the police force of
Victoria;
"public service" includes as well as
employees in the public service—
(a) permanent and temporary medical
officers employed under the
Mental Health Act 1986 or the
Intellectually Disabled Persons'
Services Act 1986;
(b) any employee within the meaning
of section 3(1) of the Emergency
Services Superannuation Act
1986;
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(c) any officer within the meaning of
the State Superannuation Act
1988 not otherwise included
within the definitions of "public
service" or "teaching service";
"teaching service" includes, as well as
officers and employees in the teaching
service, any person who is certified by
the Secretary to the Department of
Education and Training to be employed
in whole-time duties on the permanent
staff of any school or schools for
technical education receiving aid from
the Consolidated Fund.
(2) A member of the public service, the teaching
service or the police force who—
(a) is after the commencement of
section 10 of the Parliamentary
Superannuation Legislation (Reform)
Act 2004 elected a member of
Parliament; and
(b) ceases to be a member of Parliament
within 5 years of that commencement
without being entitled to a pension
under this Act or the Parliamentary
Contributory Superannuation Act 1948
of the Commonwealth or any similar
Act—
is entitled, on application in writing to the
proper authority within 3 months after so
ceasing to be a member of Parliament, to
reinstatement in the public service, the
teaching service or the police force subject to
the provisions in relation to classification,
superannuation, sick leave and long service
leave specified in sub-section (3).
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25
(3) The provisions are—
(a) he or she must be re-employed in the
public service, the teaching service or
the police force in a classification,
grade or office not inferior to that in
which he or she was employed when he
or she ceased to be employed in the
public service, teaching service or
police force by reason of his or her
election as a member of Parliament;
(b) if immediately before he or she so
ceased to be employed, he or she was a
contributor under the State
Superannuation Act 1988, he or she
becomes a contributor under that Act if,
on being re-employed in the public
service or the teaching service, he or
she pays into the State Superannuation
Fund under that Act an amount equal
to—
(i) the sum paid to him or her out of
the State Superannuation Fund
when he or she so ceased to be
employed; and
(ii) an additional amount equal to the
contributions he or she would
have been required to make under
the State Superannuation Act
1988 if he or she had remained in
the public service or teaching
service during the period from so
ceasing to be employed until
re-employment in the public
service or teaching service—
and on payment of that amount into the
State Superannuation Fund he or she is
to be treated for the purposes of the
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26
State Superannuation Act 1988 as if
he or she had continued to be a
contributor under that Act during that
period;
(c) if immediately before he or she so
ceased to be a member of the police
force rateable deductions were being
made under the Police Regulation Act
1958, on becoming a member of the
police force again he or she becomes
entitled to the same rights in respect of
a pension as he or she would have had
if he or she had not ceased to be a
member of the police force if he or she
pays into the Police Pensions Fund
under that Act an amount equal to—
(i) the sum paid to him or her out of
the Police Pensions Fund when he
or she so ceased to be a member;
and
(ii) an additional amount equal to the
deductions that would have been
made under that Act if he or she
had remained a member of the
police force during the period that
he or she was not a member—
and on payment of that amount into the
Police Pension Fund he or she is to be
treated for the purposes of entitlement
to a pension under the Police
Regulation Act 1958 as if he or she
had continued to be a member of the
police force during that period;
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Part 3—The Constitution Act Amendment Act 1958
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(d) if immediately before he or she so
ceased to be employed, he or she was a
contributor under the State Employees
Retirement Benefits Act 1979, he or
she becomes a contributor under that
Act if, on being re-employed in the
public service or teaching service, he or
she pays into the State Superannuation
Fund under that Act an amount equal
to—
(i) the sum paid to him or her out of
the State Superannuation Fund
when he or she so ceased to be
employed; and
(ii) an additional amount equal to the
contributions he or she would
have been required to make under
the State Employees Retirement
Benefits Act 1979 if he or she had
remained in the public service or
the teaching service during the
period from so ceasing to be
employed until re-employment in
the public service or teaching
service—
and on payment of that amount into the
State Superannuation Fund he or she is
to be treated for the purposes of the
State Employees Retirement Benefits
Act 1979 as if he or she had continued
to be a contributor under that Act
during that period;
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(e) if immediately before he or she so
ceased to be employed he or she was a
contributor under the Emergency
Services Superannuation Act 1986,
he or she becomes a contributor under
that Act if, on being re-employed in the
public service, he or she pays into the
Scheme under that Act an amount equal
to—
(i) the sum paid to him or her out of
that Scheme when he or she so
ceased to be employed; and
(ii) an additional amount equal to the
contributions he or she would
have been required to make under
the Emergency Services
Superannuation Act 1986 if he
or she had remained in the public
service during the period from so
ceasing to be employed until
re-employment in the public
service—
and on payment of that amount into the
Fund he or she is to be treated for the
purposes of the Emergency Services
Superannuation Act 1986 as if he or
she had continued to be a contributor
under that Act during that period;
(f) if immediately before he or she so
ceased to be employed, he or she was a
member under the Transport
Superannuation Act 1988, he or she
becomes a member under that Act if, on
being re-employed in the public
service, he or she pays into the State
Superannuation Fund under that Act an
amount equal to—
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(i) the sum paid to him or her out of
the State Superannuation Fund
when he or she so ceased to be
employed; and
(ii) an additional amount equal to the
contributions he or she would
have been required to make under
the Transport Superannuation
Act 1988 if he or she had
remained in the public service
during the period from so ceasing
to be employed until
re-employment in the public
service—
and on payment of that amount into the
State Superannuation Fund he or she is
to be treated for the purposes of the
Transport Superannuation Act 1988
as if he or she had continued to be a
member under that Act during that
period;
(g) upon re-employment in the public
service, teaching service or police force
he or she is to be credited with the
amount of sick leave to which he or she
was entitled on so ceasing to be
employed;
(h) upon re-employment in the public
service, teaching service or police
force, a period from his or her ceasing
to be employed in the public service,
teaching service or police force until
re-employment in the public service,
teaching service or police force—
s. 10
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30
(i) is to be regarded for the purposes
of any long service leave as
continuous with service in the
public service, teaching service or
the police force;
(ii) is not in the computation of the
period of long service leave to be
counted as service with the public
service or teaching service or in
the police force.
(4) For the purposes of this section, if after the
commencement of section 9 of the
Constitution (Parliamentary Reform) Act
2003, a person becomes a member as a result
of being chosen under section 27A of the
Constitution Act 1975 to fill a casual
vacancy in the Legislative Council the
person is taken to be elected a member of
Parliament on the day that the person is
chosen to fill the casual vacancy.'.
__________________
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Part 4—Amendments to Other Superannuation Acts
Parliamentary Superannuation Legislation (Reform) Act 2004
Act No. 78/2004
31
PART 4—AMENDMENTS TO OTHER SUPERANNUATION
ACTS
Division 1—Government Superannuation Act 1999
11. Amendment of section 42—MTA Superannuation
Fund
After section 42(15) of the Government
Superannuation Act 1999 insert—
'(16) In this section—
"eligible contribution" means the
Government co-contribution payable
under the Superannuation (Government
Co-contributions for Low Income
Earners) Act 2003 of the
Commonwealth that the Commissioner
of Taxation determines under that Act
is to be paid to the Fund or to the
person;
"eligible member" means an employee who
is a person in respect of whom a
Government co-contribution is payable
in accordance with section 6 of the
Superannuation (Government
Co-contributions for Low Income
Earners) Act 2003 of the
Commonwealth;
"eligible member account" means the
account established under sub-
section (17).
(17) The Trustee of the MTA Superannuation
Fund must establish and maintain a separate
eligible member account for each employee
who is an eligible member.
See:
Act No.
8/1999.
Reprint No. 1
as at
10 May 2001
and
amending
Act Nos
70/2003 and
40/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 11
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32
(18) The Trustee of the MTA Superannuation
Fund must credit to an employee's eligible
member account—
(a) eligible contributions received on
behalf of, or from, the employee; and
(b) interest on the amount in the account at
the rate determined by the Trustee of
the MTA Superannuation Fund.
(19) The Trustee of the MTA Superannuation
Fund must debit to an employee's eligible
member account—
(a) any reasonable costs incurred in
maintaining the account as determined
by the Trustee of the MTA
Superannuation Fund; and
(b) any taxes payable in respect of the
account; and
(c) any refund of overpaid or ineligible
contributions required to be made to the
Commissioner of Taxation under the
Superannuation (Government
Co-contributions for Low Income
Earners) Act 2003 of the
Commonwealth.
(20) The Trustee of the MTA Superannuation
Fund may for the purposes of sub-section
(18)(b) determine that it is appropriate in the
circumstances to apply a negative interest
rate.
s. 11
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(21) If benefits become payable under the
provisions of the governing instrument of the
MTA Superannuation Fund to or in respect
of a person who has been an employee, the
Trustee of the MTA Superannuation Fund
must ensure that the person receives an
additional benefit equal to the net balance of
the employee's eligible member account as at
the date of the payment of the benefits.
(22) The net balance of the employee's eligible
member account as at the date of the
payment of the benefits must be paid—
(a) as a lump sum; and
(b) in accordance with the specified
standards.
(23) Eligible contributions—
(a) do not constitute member contributions
which are required to be paid under the
provisions of the governing instrument
of the MTA Superannuation Fund;
(b) do not create a corresponding liability
requiring the employer to make
contributions to the MTA
Superannuation Fund;
(c) must not be taken into account in the
calculation of any benefits under the
provisions of the governing instrument
of the MTA Superannuation Fund other
than this section.
(24) A benefit paid in accordance with this
section—
(a) does not affect the payment of any
other benefits under the provisions of
the governing instrument of the MTA
Superannuation Fund; and
s. 11
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(b) must not be taken into account in
determining any minimum or maximum
benefit entitlement under the provisions
of the governing instrument of the
MTA Superannuation Fund.'.
Division 2—State Employees Retirement Benefits Act 1979
12. Amendment of section 2—Definitions
In section 2(1) of the State Employees
Retirement Benefits Act 1979, after the
definition of "domestic partner" insert—
' "eligible contribution" means the Government
co-contribution payable under the
Superannuation (Government
Co-contributions for Low Income Earners)
Act 2003 of the Commonwealth that the
Commissioner of Taxation determines under
that Act is to be paid to the Fund or to the
person;
"eligible member" means a member who is a
person in respect of whom a Government
co-contribution is payable in accordance
with section 6 of the Superannuation
(Government Co-contributions for Low
Income Earners) Act 2003 of the
Commonwealth;
"eligible member account" means the account
established under section 24A;'.
See:
Act No.
9363.
Reprint No. 5
as at
15 October
2003
and
amending
Act No
40/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 12
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Part 4—Amendments to Other Superannuation Acts
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13. New section 24A inserted—Eligible member account
After section 24 of the State Employees
Retirement Benefits Act 1979 insert—
"24A. Eligible member account
(1) The Board must establish and maintain a
separate eligible member account for each
member who is an eligible member.
(2) The Board must credit to a member's eligible
member account—
(a) eligible contributions received on
behalf of, or from, the member; and
(b) interest on the amount in the account at
the rate determined by the Board.
(3) The Board must debit to a member's eligible
member account—
(a) any reasonable costs incurred in
maintaining the account as determined
by the Board; and
(b) any taxes payable in respect of the
account; and
(c) any refund of overpaid or ineligible
contributions required to be made to the
Commissioner of Taxation under the
Superannuation (Government
Co-contributions for Low Income
Earners) Act 2003 of the
Commonwealth.
(4) The Board may for the purposes of sub-
section (2)(b) determine that it is appropriate
in the circumstances to apply a negative
interest rate.
s. 13
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Part 4—Amendments to Other Superannuation Acts
Parliamentary Superannuation Legislation (Reform) Act 2004
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(5) If benefits become payable under this Act to
or in respect of a person who has been a
member, the Board must ensure that the
person receives an additional benefit equal to
the net balance of the member's eligible
member account as at the date of the
payment of the benefits.
(6) The net balance of the member's eligible
member account as at the date of the
payment of the benefits must be paid—
(a) as a lump sum; and
(b) in accordance with the specified
standards.
(7) Eligible contributions—
(a) do not constitute member contributions
which are required to be paid under this
Act;
(b) do not create a corresponding liability
requiring the employer to make
contributions to the Fund;
(c) must not be taken into account in the
calculation of any benefits under this
Act other than this section.
(8) A benefit paid in accordance with this
section—
(a) does not affect the payment of any
other benefits under this Act; and
(b) must not be taken into account in
determining any minimum or maximum
benefit entitlement under this Act.".
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Part 4—Amendments to Other Superannuation Acts
Parliamentary Superannuation Legislation (Reform) Act 2004
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Division 3—State Superannuation Act 1988
14. Amendment of section 3—Definitions
In section 3(1) of the State Superannuation Act
1988, after the definition of "domestic partner"
insert—
' "eligible contribution" means the Government
co-contribution payable under the
Superannuation (Government
Co-contributions for Low Income Earners)
Act 2003 of the Commonwealth that the
Commissioner of Taxation determines under
that Act is to be paid to the Fund or to the
person;
"eligible member" means a contributor who is a
person in respect of whom a Government
co-contribution is payable in accordance
with section 6 of the Superannuation
(Government Co-contributions for Low
Income Earners) Act 2003 of the
Commonwealth;
"eligible member account" means the account
established under section 60A;'.
15. New section 60A inserted—Eligible member account
After section 60 of the State Superannuation Act
1988 insert—
"60A. Eligible member account
(1) The Board must establish and maintain a
separate eligible member account for each
contributor who is an eligible member.
(2) The Board must credit to a contributor's
eligible member account—
(a) eligible contributions received on
behalf of, or from, the contributor; and
See:
Act No.
50/1988.
Reprint No. 5
as at
15 October
2003
and
amending
Act No.
40/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 14
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Part 4—Amendments to Other Superannuation Acts
Parliamentary Superannuation Legislation (Reform) Act 2004
Act No. 78/2004
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(b) interest on the amount in the account at
the rate determined by the Board.
(3) The Board must debit to a contributor's
eligible member account—
(a) any reasonable costs incurred in
maintaining the account as determined
by the Board; and
(b) any taxes payable in respect of the
account; and
(c) any refund of overpaid or ineligible
contributions required to be made to the
Commissioner of Taxation under the
Superannuation (Government
Co-contributions for Low Income
Earners) Act 2003 of the
Commonwealth.
(4) The Board may for the purposes of sub-
section (2)(b) determine that it is appropriate
in the circumstances to apply a negative
interest rate.
(5) If benefits become payable under this Act to
or in respect of a person who has been a
contributor, the Board must ensure that the
person receives an additional benefit equal to
the net balance of the contributor's eligible
member account as at the date of the
payment of the benefits.
(6) The net balance of the contributor's eligible
member account as at the date of the
payment of the benefits must be paid—
(a) as a lump sum; and
(b) in accordance with the specified
standards.
s. 15
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(7) Eligible contributions—
(a) do not constitute member contributions
which are required to be paid under this
Act;
(b) do not create a corresponding liability
requiring the employing authority to
make contributions to the Fund;
(c) must not be taken into account in the
calculation of any benefits under this
Act other than this section.
(8) A benefit paid in accordance with this
section—
(a) does not affect the payment of any
other benefits under this Act; and
(b) must not be taken into account in
determining any minimum or maximum
benefit entitlement under this Act.".
Division 4—Transport Superannuation Act 1988
16. Amendment of section 3—Definitions
In section 3(1) of the Transport Superannuation
Act 1988, after the definition of "domestic
partner" insert—
' "eligible contribution" means the Government
co-contribution payable under the
Superannuation (Government
Co-contributions for Low Income Earners)
Act 2003 of the Commonwealth that the
Commissioner of Taxation determines under
that Act is to be paid to the Fund or to the
person;
See:
Act No.
33/1988.
Reprint No. 4
as at
15 October
2003
and
amending
Act No.
40/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 16
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Part 4—Amendments to Other Superannuation Acts
Parliamentary Superannuation Legislation (Reform) Act 2004
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"eligible member" means a member who is a
person in respect of whom a Government
co-contribution is payable in accordance
with section 6 of the Superannuation
(Government Co-contributions for Low
Income Earners) Act 2003 of the
Commonwealth;
"eligible member account" means the account
established under section 28A;'.
17. New section 28A inserted—Eligible member account
After section 28 of the Transport
Superannuation Act 1988 insert—
"28A. Eligible member account
(1) The Board must establish and maintain a
separate eligible member account for each
member who is an eligible member.
(2) The Board must credit to a member's eligible
member account—
(a) eligible contributions received on
behalf of, or from, the member; and
(b) interest on the amount in the account at
the rate determined by the Board.
(3) The Board must debit to a member's eligible
member account—
(a) any reasonable costs incurred in
maintaining the account as determined
by the Board; and
(b) any taxes payable in respect of the
account; and
s. 17
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Parliamentary Superannuation Legislation (Reform) Act 2004
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(c) any refund of overpaid or ineligible
contributions required to be made to the
Commissioner of Taxation under the
Superannuation (Government
Co-contributions for Low Income
Earners) Act 2003 of the
Commonwealth.
(4) The Board may for the purposes of sub-
section (2)(b) determine that it is appropriate
in the circumstances to apply a negative
interest rate.
(5) If benefits become payable under this Act to
or in respect of a person who has been a
member, the Board must ensure that the
person receives an additional benefit equal to
the net balance of the member's eligible
member account as at the date of the
payment of the benefits.
(6) The net balance of the member's eligible
member account as at the date of the
payment of the benefits must be paid—
(a) as a lump sum; and
(b) in accordance with the specified
standards.
(7) Eligible contributions—
(a) do not constitute member contributions
which are required to be paid under this
Act;
(b) do not create a corresponding liability
requiring the employing transport
authority to make contributions to the
Fund;
(c) must not be taken into account in the
calculation of any benefits under this
Act other than this section.
s. 17
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(8) A benefit paid in accordance with this
section—
(a) does not affect the payment of any
other benefits under this Act; and
(b) must not be taken into account in
determining any minimum or maximum
benefit entitlement under this Act.".
═══════════════
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 16 September 2004
Legislative Council: 3 November 2004
The long title for the Bill for this Act was "to amend the Parliamentary
Salaries and Superannuation Act 1968 to reform parliamentary
superannuation, to make miscellaneous amendments to other specified
superannuation legislation and for other purposes."
Endnotes
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