3 Definitions s. 3 In this Act unless inconsistent with the context or subject-matter— Assembly means the Legislative Assembly of Victoria; S. 3 def. of basic salary inserted by No. 8663 s. 2, substituted by No. 8687 s. 2, amended by Nos 55/2004 s. 3, 41/2007 s. 3. basic salary means the amount of the annual allowance by way of salary from time to time payable to Members of the House of Representatives under the law of the Commonwealth less $5733; S. 3 def. of Capital city repealed by No. 9432 s. 2(1). * * * * * S. 3 def. of charitable institution inserted by No. 37/2011 s. 4. charitable institution means— (a) any charitable, religious, scientific or educational institution (including any institution providing residential accommodation wholly or principally for full-time students attending an educational institution); (b) any institution being, or carrying on, a hospital; (c) any institution the sole or principal purpose of which is to assist in the saving of life, or the prevention of loss or damage to property, whether at sea or otherwise— being an institution which is not carried on for the purpose of profit or gain to its individual members and which is not empowered to make any distribution,
S. 6 Table substituted by Nos 8086 s. 3(a), 8530 s. 3(1)(c), amended by Nos 8877 s. 2(a)(b), 9432 s. 3(b), substituted by No. 65/1992 s. 4, amended by Nos 29/2000 s. 9(1)(2), 110/2003 s. 62, 4/2007 s. 9. TABLE s. 6 Office Additional Salary Expense Allowance % per annum of basic salary % per annum of basic salary Premier 100 42 Deputy Premier 85 21 Any other responsible Minister of the Crown 75 18 Leader of the Opposition 75 18 President 65 11 Speaker 65 11 Chairman of Committees in the Council 20 Chairman of Committees in the Assembly 20 Deputy Leader of the Opposition 32 6 Leader of the Opposition in the Council 32 6 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) 32 6 Parliamentary Secretary of the Cabinet 32 6 Chairperson of the Public Accounts and Estimates Committee 20 Government Whip in the Assembly 18 Deputy Leader of the Opposition in the Council 18
Ss 8A–8C inserted by No. 8530 s. 3(1)(d), repealed by No. 8663 s. 4. * * * * * No. 6224 s. 36. 9 Application of Consolidated Fund s. 9 S. 9(1) amended by Nos 10087 s. 3(1)(Sch. 1 item 179), 83/2008 s. 15. (1) All moneys payable by way of salary or allowance under this Part (including the amount of any benefits and any amount salary sacrificed under Part 4) shall be paid out of the Consolidated Fund which is hereby appropriated accordingly. S. 9(2) amended by No. 10087 s. 3(1)(Sch. 1 item 179). (2) All moneys payable under this Part which are not claimed within three months after they might lawfully be claimed shall revert to the Consolidated Fund. S. 9(3) inserted by No. 3/2003 s. 10(2). (3) Subsection (2) must be taken to have effect, and to have always had effect, in relation to moneys payable under this Part in respect of the period between the beginning of 30 November 2002 and the end of 31 January 2003 as if for the reference to three months there were substituted a reference to six months. _______________ Pt 2 (Heading) substituted as Pt 3 (Heading) by No. 78/2004 s. 6(1)(c). Pt 2 Div. 1 (Heading) inserted by No. 22/1996 s. 29(a). Division 1—Preliminary
S. 10(1) def. of domestic partner inserted by No. 27/2001 s. 5(Sch. 3 item 3.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 43.1), amended by No. 4/2009 s. 37(Sch. 1 item 18.1). domestic partner of a person means— (a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or (b) a person to whom the person is not married but with whom, in the opinion of the Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender); election means an election for the Council or the Assembly; Fund means the Parliamentary Contributory Superannuation Fund established and kept under this Part; S. 10(1) def. of net earning rate inserted by No. 4/1996 s. 65(c). net earning rate means in respect of any particular period, and for any particular purpose, the rate of earnings (which may be positive or negative) as determined by the Parliamentary Trustee in respect of the Fund for that period and that purpose and having regard to— s. 10 (a) the income derived from the investment of the Fund; and (b) any realised or unrealised gains or losses in respect of any investments of the Fund; and s. 10 (c) any tax; and (d) any other relevant expenses of the Fund; and (e) any relevant specified standards; and (f) any other matters the Parliamentary Trustee considers relevant;
Contributions Tax (Assessment and Collection) Act 1997 and any regulations made under that section that apply in respect of that particular financial year; S. 10(1) def. of surcharge debt account inserted by No. 29/2000 s. 10. surcharge debt account means, in relation to a person who is or has been a member, the surcharge debt account kept for that person (while he or she was a member) under section 24D; s. 10 S. 10(1) def. of surcharge deduction amount inserted by No. 29/2000 s. 10. surcharge deduction amount means, in relation to a person— (a) who is or has been a member; and (b) to or in respect of whom benefits become payable under this Act— the surcharge deduction amount that is specified in a determination made by the Parliamentary Trustee under section 24D in relation to the person; trustee means trustee of the Fund. S. 10(1A) inserted by No. 27/2001 s. 5(Sch. 3 item 3.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 43.2). (1A) For the purposes of the definition of domestic partner in subsection (1)— S. 10(1A)(a) amended by No. 4/2009 s. 37(Sch. 1 item 18.2(a)). (a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and S. 10(1A)(b) amended by No. 4/2009 s. 37(Sch. 1 item 18.2(b)). (b) in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their
S. 12(2) amended by No. 7800 s. 2(1)(b), repealed by No. 4/1996 s. 67(2). * * * * * S. 12(2A)(2B) inserted by No. 56/1992 s. 4, repealed by No. 4/1996 s. 67(2). * * * * * s. 12 S. 12(2C) inserted by No. 110/1993 s. 102(4), amended by No. 4/1996 s. 67(3). (2C) A trustee is not subject to any action, liability, claim or demand for any matter or thing done or contract entered into by the Parliamentary Trustee if the matter or thing is done or the contract is entered into in good faith for the purpose of carrying out a power or function of the Parliamentary Trustee under this Act. S. 12(2D) inserted by No. 110/1993 s. 102(4), amended by No. 100/1995 s. 10(Sch. 1 item 4.2), substituted by No. 4/1996 s. 67(4), amended by No. 82/1996 s. 42(1). (2D) The Parliamentary Trustee may, by an instrument of delegation under its common seal, delegate to the chairman of trustees or to a Board administering a public sector superannuation scheme or to any other person or corporation— (a) any function, power or duty of the Parliamentary Trustee under this Act, other than this power of delegation; or (b) any power or duty of the Parliamentary Trustee under the Borrowing and Investment Powers Act 1987. S. 12(2E) inserted by No. 4/1996 s. 67(4). (2E) Without limiting or derogating from the generality of the powers of the Parliamentary Trustee under this Act, the powers of the Parliamentary Trustee include— (a) power to enter into agreements or arrangements with any other person or body—
notwithstanding any vacancy or vacancies in the office of trustee. S. 12(7) substituted by No. 4/1996 s. 67(6). (7) A matter arising at a meeting of the Parliamentary Trustee can only be determined by a resolution passed by not less than two-thirds of the total number of trustees in office for the time being. S. 12(8) substituted by No. 4/1996 s. 67(6). (8) Subject to this Act, the Parliamentary Trustee may regulate its own procedure. 13 Payment into and out of Fund s. 13 (1) Into the Fund there shall— (a) be transferred the amounts in— (i) the Parliamentary Contributory Retirement Fund established and kept under Division 4 of Part II of The Constitution Act Amendment Act 1958; and (ii) the Parliamentary Superannuation Fund established and kept under the Parliamentary Contributory Superannuation Act 1962— at the date of commencement of this Part; (b) be paid all deductions from the salaries of members made pursuant to— (i) this Part; and (ii) the Parliamentary Contributory Superannuation Act 1962; and S. 13(1)(c) amended by Nos 7800 s. 3(a), 4/1996 s. 68(2)(a). s. 13 (c) be paid out of the Consolidated Revenue (which is hereby to the necessary extent appropriated accordingly) the annual amounts from time to time determined in accordance with subsection (3), (3A), (3B) or (3C).
S. 13(2) amended by Nos 4/1996 s. 75(a), 82/1996 s. 42(2). (2) The Parliamentary Trustee shall appoint an actuary to make an actuarial investigation as to the state and sufficiency of the Fund as at 30 June 1996 and as at the expiration of each period of three years thereafter. S. 13(3) amended by No. 82/1996 s. 42(3). (3) When the actuary has completed each investigation of the Fund before the investigation as at 30 June 1996 he shall certify the amount that is required to be paid to the Fund in each financial year during the period from the 1st day of July in the next ensuing financial year until the expiration of twenty-five years after that date in addition to the other income of the Fund to enable the Fund to meet its liabilities. S. 13(3A) inserted by No. 7800 s. 3(b), substituted by No. 4/1996 s. 68(1), amended by No. 82/1996 s. 42(4)(a)(b). (3A) When the actuary has completed each actuarial investigation of the Fund as at 30 June 1996 and as at the expiration of each period of 3 years thereafter, the actuary must certify in each actuarial investigation the amount in equal annual instalments that is required to be paid to the Fund in each financial year during the period from 1 July after the date as at which the actuarial investigation is held until 30 June 2014 in addition to the other income of the Fund to enable the Fund to extinguish its unfunded liability at the end of that period. S. 13(3B) inserted by No. 7800 s. 3(b), substituted by No. 4/1996 s. 68(1), amended by No. 82/1996 s. 42(5). (3B) Despite subsection (3A), the Treasurer of Victoria may on the recommendation of the Parliamentary Trustee made on the advice of an actuary approve the making of payments in greater amounts than would otherwise be certified under subsection (3A) so as to enable the unfunded liability to be extinguished before the end of the period specified in subsection (3A). s. 13
under this Part shall be entitled to have refunded to him— (a) the amounts deducted under this Act or any corresponding previous enactment from salary paid to him; and S. 15(2)(b) amended by No. 120/1994 s. 33(1). (b) any amount actually paid by him to the Fund under section 19 as in force before the commencement of section 105 of the Public Sector Superannuation (Administration) Act 1993— less any amount previously refunded to him under this subsection or under any corresponding previous enactment. S. 15(3) amended by Nos 8663 s. 9(c), 27/2001 s. 5(Sch. 3 item 3.5), 40/2010 s. 19. (3) Subject to this Part where a member dies while serving as a member and that member is not survived by a partner or children or adult children the personal representative of that member shall be entitled to have refunded to him— (a) the amounts deducted under this Act or any corresponding previous enactment from the salary paid to the member; and s. 15 S. 15(3)(b) amended by No. 120/1994 s. 33(1). (b) any amount actually paid by the member to the Fund under section 19 as in force before the commencement of section 105 of the Public Sector Superannuation (Administration) Act 1993— less any amount previously refunded to the member under subsection (2) or under any corresponding previous enactment. S. 15(3A) inserted by No. 9117 s. 2(b), amended by No. 110/1993 s. 103(2). (3A) Where a person or a personal representative is entitled to a payment under subsection (2) or subsection (3) that person or personal representative shall be entitled in addition to the refund under the applicable subsection, to an amount equal to two and one-third times the amount that the person contributed before
S. 17(1) amended by Nos 23/1994 s. 118(Sch. 1 item 40.1), 4/1996 s. 75(a), 97/2005 s. 182(Sch. 4 item 39), 13/2010 s. 51(Sch. item 40). (1) A person who becomes a member after the commencement of this Act may furnish to the Parliamentary Trustee a certificate of a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) who has been approved by the Parliamentary Trustee certifying that the member is not likely by reason of ill health to be rendered incapable, before the expiration of a period of fifteen years from the date of the certificate, of performing the duties of a member. S. 17(2) amended by No. 4/1996 s. 75(a). (2) Where a member who has furnished a certificate pursuant to subsection (1) or where a person who was a member at the commencement of this Act satisfies the Parliamentary Trustee that he has ceased to be a member because he has been rendered incapable of being a member by reason of ill health he shall, subject to subsection (3), be entitled to a pension calculated under section 15 if he ceases to be a member before the expiration of a period of fifteen years and if he ceases to be a member before the expiration of a period of eight years he shall for the purpose of that calculation be deemed to have served for eight years. S. 17(3) amended by No. 4/1996 s. 75(a)(b). (3) A person who applies to the Parliamentary Trustee under this section shall provide the Parliamentary Trustee with such medical reports and other evidence as the Parliamentary Trustee may require. (4) Subsection (1) shall apply in relation to a person who has served as a member in a previous Parliament or Parliaments as if the reference to the period of fifteen years in that subsection was a reference to a period equal to the difference between fifteen years and the aggregate period
served as a member of previous Parliaments by the person furnishing the certificate. S. 18 substituted by No. 8663 s. 9(e). 18 Entitlements on death of member s. 18 S. 18(1A) inserted by No. 110/1993 s. 104(1). (1A) In this section— S. 18(1A) def. of minimum spouse pension amended as minimum partner pension by No. 27/2001 s. 5(Sch. 3 item 3.6). minimum partner pension means whichever is the greater of— (a) 04 the basic salary as at 1 December 1993; and (b) (04 PS/TS + 03 FS/TS) the basic salary from time to time— where TS, PS and FS have the same meanings as in section 15 and are calculated at the date of the death of the person or of the person's ceasing to be a member, whichever first occurs. S. 18(1) amended by Nos 110/1993 s. 104(2)(a), 27/2001 s. 5(Sch. 3 item 3.6). (1) On the death of a former member who was receiving a pension under this Part the partner of that former member shall until his death be entitled to an annual pension at the rate of— S. 18(1)(a) amended by No. 8687 s. 3(a). (a) two-thirds of the pension that would be payable from time to time to the former member but for his death or if the former member had pursuant to section 16 converted the whole or a part of his pension entitlement to a lump sum payment, two-thirds of the pension that would be payable to the former member but for his
the Parliamentary Trustee must if the value of the non-member spouse's entitlement in respect of the superannuation interest at the particular time does not exceed the value of the member spouse's interest in the Fund— (a) transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible superannuation plan nominated in writing by the non-member spouse within the specified period; or (b) if the non-member spouse fails to nominate in writing an eligible superannuation plan within the specified period, transfer a lump sum amount equal to the value of the spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible rollover fund selected by the Parliamentary Trustee. s. 21CC (4) If the non-member spouse has satisfied a relevant condition of release or the member spouse is receiving a pension under this Act, the Parliamentary Trustee must if the value of the non-member spouse's entitlement in respect of the superannuation interest at the particular time does not exceed the value of the member spouse's interest in the Fund— (a) if so requested in writing by the non-member spouse within the specified period, pay the non-member spouse a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment; or (b) if so requested in writing by the non-member spouse within the specified period, transfer a
payment to that person of a pension of such amount as the trustees think fit but so that the total of both amounts so received shall not exceed the annual pension that would be payable under this Act but for the provisions of this section. S. 22(2) inserted by No. 4/1996 s. 72(2). (2) This section only applies to a person to whom a pension would be payable under this Part who has ceased or ceases to be a member on or before the commencement of section 73 of the Superannuation Acts (Amendment) Act 1996. S. 23 amended by Nos 8118 s. 3, 110/1993 s. 107(1)(2), substituted by No. 4/1996 s. 73. 23 Entitlement to pension s. 23 (1) The entitlement of a former member to receive a pension under this Part ceases— (a) if the former member again becomes a member of the Parliament, on the day that he or she becomes a member of the Parliament; or (b) if any part of any entitlement under this Part or membership of the Fund is recognised as entitlement towards any benefit in a complying superannuation fund and there is a transfer of assets from the Fund to that complying superannuation fund in accordance with subsection (2), on the day determined by the Parliamentary Trustee. (2) If subsection (1)(b) applies, the Parliamentary Trustee must on the recommendation of an actuary transfer from the Fund to the relevant complying superannuation fund an amount certified by the actuary to be equivalent to the former member's entitlement under this Part. S. 23(3) amended by Nos 50/1997 s. 18(3), 27/2001 s. 5(Sch. 3 item 3.8). (3) The Parliamentary Trustee is released from any liability to make any further payments to, or in respect of, any entitlement of the former member or of any partner or children of the former member as soon as the certified amount is
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 (1) The Parliamentary Trustee must establish and maintain a separate surcharge debt account for each member of the Fund. (2) The Parliamentary Trustee must debit to a member's surcharge debt account— s. 24D (a) any superannuation contributions tax paid or payable by the Parliamentary Trustee 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 (b) if the member's surcharge debt account is in debit at the end of a financial year, interest on the amount by which the account is in debit, calculated at the same rate as the rate determined under section 16 of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997; and (c) any debit adjustment to the amount debited under paragraph (a). (3) The Parliamentary Trustee must credit to a member's surcharge debt account—
Assent Date: 22.12.70 Commencement Date: 27.12.70: Government Gazette 23.12.70 p. 3969 : All of Act in operation Parliamentary Superannuation Act 1971, No. 8118/1971 Assent Date: 4.5.71 Commencement Date: 4.5.71 : All of Act in operation Parliamentary Salaries and Allowances Act 1973, No. 8530/1973 Assent Date: 18.12.73 Commencement Date: 23.12.73: Government Gazette 19.12.73 p. 4040 : All of Act in operation Parliamentary Salaries and Superannuation (Amendment) Act 1975, No. 8663/1975 Assent Date: 18.3.75 Commencement Date: 30.3.75: Government Gazette 26.3.75 p. 646 : All of Act in operation Parliamentary Salaries and Superannuation Act 1975, No. 8687/1975 Assent Date: 2.5.75 Commencement Date: 2.5.75 : All of Act in operation Parliamentary Allowances Act 1976, No. 8877/1976 Assent Date: 28.9.76 Commencement Date: 20.10.76: Government Gazette 20.10.76 p. 3051 : All of Act in operation Parliamentary Salaries and Superannuation Act 1978, No. 9117/1978 Assent Date: 16.5.78 Commencement Date: 16.5.78 : All of Act in operation Parliamentary Salaries and Superannuation Act 1980, No. 9432/1980 Assent Date: 28.10.80 Commencement Date: S. 2 on 30.3.75; s. 3 on 12.8.80; ss 1, 4 on 28.10.80: s. 1(3) : All of Act in operation Parliamentary Superannuation Act 1982, No. 9753/1982 Assent Date: 13.7.82 Commencement Date: S. 4 on 30.6.82: s. 4(2); rest of Act on 13.7.82: s. 1(2) : All of Act in operation Statute Law Revision (Repeals) Act 1982, No. 9863/1982 Assent Date: 5.1.83 Commencement Date: 5.1.83 : All of Act in operation Endnotes Statute Law Revision Act 1984, No. 10087/1984
Assent Date: 13.6.12 Commencement Date: S. 3 on 1.7.12: s. 2 : All of Act in operation ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.