Version No. 113 Parliamentary Salaries and Superannuation Act 1968 No. 7723 of 1968 Version incorporating amendments as at 30 June 2014 An Act relating to Parliamentary Salaries and Allowances and Parliamentary Superannuation and for other purposes. BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): Pt 1 (Heading) inserted by No. 78/2004 s. 6(1)(a). 1 Short title, commencement and division (1) This Act may be cited as the Parliamentary Salaries and Superannuation Act 1968. (2) The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette. S. 1(3) repealed by No. 78/2004 s. 6(2). * * * * * S. 2 repealed by No. 9863 s. 2. * * * * *
whether in money, property or otherwise, to its members; Council means the Legislative Council of Victoria; S. 3 def. of Deputy Leader of the Opposition inserted by No. 8530 s. 3(1)(a)(i). s. 3 Deputy Leader of the Opposition means the member of the Assembly who is for the time being the Deputy Leader of Her Majesty's Opposition; S. 3 def. of District repealed by No. 9432 s. 2(1). * * * * * S. 3 def. of general election inserted by No. 37/2013 s. 3(2). general election has the same meaning as it has in section 3 of the Electoral Act 2002; S. 3 def. of Leader of the Opposition inserted by No. 8530 s. 3(1)(a)(ii). Leader of the Opposition means the member of the Assembly who is for the time being the Leader of Her Majesty's Opposition; S. 3 def. of Melbourne Post Office inserted by No. 8530 s. 3(1)(a)(ii), repealed by No. 9432 s. 2(1). * * * * * member means member of the Parliament of Victoria; President means the President of the Council;
S. 3 def. of Presiding Officer inserted by No. 37/2013 s. 3(2). Presiding Officer means the President or the Speaker; S. 3 def. of Province repealed by No. 9432 s. 2(1). * * * * * Speaker means the Speaker of the Assembly; S. 3 def. of third party inserted by No. 8530 s. 3(1)(a)(iii), amended by Nos 9432 s. 3(a), 22/1996 s. 30. third party means a recognized party which consists of eleven members at least of the Parliament. S. 3A inserted by No. 3/1993 s. 3, repealed by No. 55/2004 s. 4, new s. 3A inserted by No. 20/2009 s. 3, amended by No. 46/2011 s. 3, repealed by No. 37/2013 s. 4. s. 3 * * * * * S. 3B inserted by No. 34/2012 s. 3, repealed by No. 37/2013 s. 4. * * * * * _______________
Office Additional Salary Expense Allowance % per annum of basic salary % per annum of basic salary Leader of Third Party in the Council (unless he or she is also Leader or Deputy Leader of the Opposition or a Minister of the Crown) 18 Parliamentary Secretaries 15 10 Chairperson of the Scrutiny of Acts and Regulations Committee 15 Chairperson of the Accountability and Oversight Committee 15 Chairperson of the IBAC Committee 15 Deputy Leader of the Third Party in the Assembly (unless he or she is also Leader or Deputy Leader of the Opposition or a Minister of the Crown) 14 Government Whip in the Council 11 Opposition Whip in the Assembly 11 Opposition Whip in the Council 11 Whip of the Third Party in the Assembly 11 Chairperson of a Joint Investigatory Committee within the meaning of the Parliamentary Committees Act 2003 which is not otherwise provided for in this Table 10 s. 6
Office Additional Salary Expense Allowance % per annum of basic salary % per annum of basic salary Chairperson of joint select committee where resolution establishing committee so provides that chairperson is entitled 5 Deputy chairperson of the Public Accounts and Estimates Committee 4 Deputy chairperson of the Scrutiny of Acts and Regulations Committee 4 Deputy chairperson of the Accountability and Oversight Committee 4 Deputy chairperson of the IBAC Committee 4 Whip of the Third Party in the Council 4 Secretary of the Party forming the Government 4 Secretary of the Opposition Party 4 Secretary of the Third Party 4 S. 7 amended by Nos 9432 ss 3(c), 4, 4/1996 s. 64(1)(2) 24/1996 s. 32, substituted by No. 37/2013 s. 5. 7 Calculation of salaries and allowances under section 6 s. 7 (1) Any payment to which any person is entitled under section 6 by reason only of being a member of the Council or the Assembly is to be calculated—
Commonwealth Act, are to be disregarded; and (b) S is— (i) the member or former member's final basic salary; or (ii) the maximum contribution base (expressed as an annual amount) within the meaning of the Commonwealth Act, at the time when the final basic salary is determined— s. 18B whichever is the lesser; the Commonwealth Act means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth as amended and in force for the time being. S. 18B(2) amended by Nos 4/1996 s. 71(1), 61/2013 s. 16(7)(9). (2) Notwithstanding anything to the contrary in this Act or the regulations, the amount of the benefit paid or payable under this Act in respect of any member or former member must not, in respect of the period during which the Commonwealth Act applies, be less than the sum of the amount contributed by him or her to the Scheme and the net earning rate as determined by the Board on that amount and the superannuation guarantee amount. S. 18B(3) substituted by No. 4/1996 s. 71(2). (3) Any part of the superannuation guarantee amount which is required to be preserved in accordance with the specified standards must be so preserved.
S. 21CA(1) def. of agreement amended by No. 38/2009 s. 23(b). s. 21CA superannuation agreement has the meaning given by section 90MD of the Commonwealth Family Law Act 1975; superannuation fund has the same meaning as in the Commonwealth Superannuation Industry (Supervision) Act 1993; superannuation interest means an interest that a person has as a member of an eligible superannuation plan, but does not include a reversionary interest; unsplittable interest has the meaning given by section 90MD of the Commonwealth Family Law Act 1975; value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest means the value as determined in accordance with regulation 14G(8) of the Commonwealth Family Law (Superannuation) Regulations 2001; S. 21CA(1) def. of value of the member spouse's interest in the Fund renamed as value of the member spouse's interest in the Scheme by No. 61/2013 s. 16(11). value of the member spouse's interest in the Scheme means the value as determined in accordance with Part 5 of the Commonwealth Family Law (Superannuation) Regulations 2001. (2) A reference to the transfer of an amount is to be construed as including a reference to the rollover of an amount.
S. 21CD inserted by No. 70/2003 s. 10, amended by No. 61/2013 s. 16(7). 21CD Reduction of benefit s. 21CD Despite anything to the contrary in this Act, if under section 21CC an amount is paid by the Board to a non-member spouse or transferred by the Board on behalf of a non-member spouse, the benefit of a member spouse must be reduced by the Board in accordance with a methodology approved by the Minister, on the advice of an actuary appointed by the Board. S. 21CE (Heading) amended by No. 61/2013 s. 16(7). S. 21CE inserted by No. 70/2003 s. 10, amended by No. 61/2013 s. 16(7)(9). 21CE Board may provide additional information On the application of an eligible person within the meaning of section 90MZB(8) of the Commonwealth Family Law Act 1975, the Board may provide information additional to the information required to be provided under section 90MZB of that Act if the Board considers that the additional information is necessary to understand the Scheme or the member spouse's benefit entitlements. S. 21CF inserted by No. 70/2003 s. 10. 21CF Commutation rights not affected The entitlement of a person to convert or commute a benefit or pension under this Act is not affected by the making of a payment or transfer under this Division. S. 21CG inserted by No. 70/2003 s. 10. 21CG Charging of fees S. 21CG(1) amended by No. 61/2013 s. 16(7). (1) The Board may charge reasonable fees in respect of— (a) a payment split; (b) a payment flag; (c) flag lifting under a flag lifting agreement that does not provide for a payment split;
(2) An Order in Council made under this section— (a) must be published in the Government Gazette; (b) takes effect on and from the date on which it is published or any later date of commencement as may be specified in the Order in Council; (c) may apply, adopt or incorporate (with or without modification) the provisions of any document, code, standard, rule, specification or method whether as formulated, issued, prescribed or published at the time the Order in Council is made. S. 24C(3) inserted by No. 70/2003 s. 11(3). (3) Any Order in Council made before the enactment of the Superannuation Acts (Family Law) Act 2003 has force and effect as if it had been made under this section as amended by section 11(1) of that Act. S. 24D inserted by No. 29/2000 s. 11. 24D Surcharge debt account s. 24D S. 24D(1) amended by No. 61/2013 s. 16(7)(9). (1) The Board must establish and maintain a separate surcharge debt account for each member of the Scheme. S. 24D(2) amended by No. 61/2013 s. 16(7). (2) The Board must debit to a member's surcharge debt account— S. 24D(2)(a) amended by No. 61/2013 s. 16(7). (a) any superannuation contributions tax paid or payable by the Board on contributions in respect of the member as a result of the operation of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 to discharge the liability imposed under that Act; and
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. S. 31(7) amended by No. 37/2013 s. 10(2). (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 plus an additional 6%. Division 3—Choice of funds S. 32 inserted by No. 78/2004 s. 7. 32 Meaning of fund—includes schemes and accounts s. 32 In this Division, fund includes a scheme or account. S. 33 inserted by No. 78/2004 s. 7. 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. S. 34 inserted by No. 78/2004 s. 7. 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
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. S. 41(11) inserted by No. 83/2008 s. 16(5). (11) An election made by a member under this section as in force before the commencement of section 16 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 is deemed to have and always to have had full effect according to its tenor as if it had been made under this section as amended by that section 16. S. 42 inserted by No. 78/2004 s. 7. 42 Appropriation s. 42 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. S. 43 inserted by No. 78/2004 s. 7. 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. _________________ SCHEDULE Sch. Sch. repealed by No. 9863 s. 2. * * * * * ENDNOTES
Assent Date: 17.11.98 Commencement Date: S. 32 on 17.11.98: s. 2(1) : This information relates only to the provision/s amending the Parliamentary Salaries and Superannuation Act 1968 Superannuation Acts (Further Amendment) Act 1999, No. 13/1999 Assent Date: 11.5.99 Commencement Date: S. 7 on 11.5.99: s. 2(1) : This information relates only to the provision/s amending the Parliamentary Salaries and Superannuation Act 1968 Superannuation Acts (Amendment) Act 2000, No. 29/2000 Assent Date: 30.5.00 Commencement Date: S. 9(1) on 14.12.99: s. 2(2); ss 10, 11 on 31.5.00: s. 2(1); s. 9(2) on 5.11.02: s. 2(3) (Special Gazette 5.11.02 p. 1) : This information relates only to the provision/s amending the Parliamentary Salaries and Superannuation Act 1968 Endnotes Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 96) on 22.11.00: s. 2(1) : This information relates only to the provision/s amending the Parliamentary Salaries and Superannuation Act 1968 Statute Law Amendment (Relationships) Act 2001, No. 27/2001 Assent Date: 12.6.01 Commencement Date: S. 5(Sch. 3 item 3) on 23.8.01: Government Gazette 23.8.01 p. 1927 : This information relates only to the provision/s amending the Parliamentary Salaries and Superannuation Act 1968 Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001 Assent Date: 7.11.01 Commencement Date: S. 5 on 23.8.01: s. 2(2) : This information relates only to the provision/s amending the Parliamentary Salaries and Superannuation Act 1968 Parliamentary Committees and Parliamentary Salaries and Superannuation Acts (Amendment) Act 2003, No. 3/2003