Version No. 074 Emergency Services Superannuation Act 1986 No. 94 of 1986 Version incorporating amendments as at 1 July 2014 The Parliament of Victoria enacts as follows: S. 1 amended by No. 94/2005 s. 3 (ILA s. 39B(1)). 1 Purpose (1) The purpose of this Act is to establish an Emergency Services Superannuation Board and Scheme to provide superannuation benefits for persons employed in the emergency services. S. 1(2) inserted by No. 94/2005 s. 3. (2) In addition to the purpose specified in subsection (1), the purpose of this Act as amended by the Superannuation Legislation (Governance Reform) Act 2005 is to— (a) re-constitute the Board and empower the Board to administer public sector superannuation schemes; and (b) improve the administration of public sector superannuation schemes. 2 Commencement This Act comes into operation on 1 January 1987.
(c) any employee within the meaning of paragraphs (c), (d) and (f) of the definition of employee who is declared or is within a class of persons which are declared for the purposes of this Act by the Minister by notice published in the Government Gazette and is designated by an employer as an operational staff member; s. 3 (d) any other employee (other than an employee within the meaning of paragraphs (a), (e) and (g) of the definition of "employee") who is designated by an employer as an operational staff member and who is approved as such by the Board; S. 3(1) def. of Parliamentary Contributory Fund inserted by No. 61/2013 s. 12(c). Parliamentary Contributory Superannuation Fund means the Parliamentary Contributory Superannuation Fund established and kept under Part 3 of the Parliamentary Salaries and Superannuation Act 1968 and as in existence immediately before the commencement of section 12 of the Superannuation Legislation Amendment Act 2013; S. 3(1) def. of partner inserted by No. 27/2001 s. 5(Sch. 3 item 2.1(a)), substituted by No. 40/2010 s. 4(1). partner of a person means the person's spouse or domestic partner; S. 3(1) def. of part-time contributor inserted by No. 82/1996 s. 6(1). part-time contributor means a contributor employed on a permanent basis which requires less than full-time service;
(e) the State Superannuation Fund operated under the State Superannuation Act 1988; S. 3(1) def. of protective services officer inserted by No. 38/2009 s. 3(1), substituted by No. 37/2014 s. 10(Sch. item 54.1(e)). protective services officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of public sector scheme inserted by No. 94/2005 s. 4(1). public sector superannuation scheme means a scheme for the payment of superannuation, retirement or death benefits which is established or maintained— (a) by or under an Act; or (b) by a public authority, statutory body, body corporate or other body constituted by or under an Act; s. 3 S. 3(1) def. of retrenchment inserted by No. 82/1996 s. 6(1). retrenchment means the termination of employment or service of a contributor who has not attained the minimum age for retirement and in respect of whom the employer certifies in writing to the Board that the contributor has been retrenched for the purposes of this Act; S. 3(1) def. of returning member inserted by No. 43/2008 s. 3, substituted officer by No. 37/2014 s. 10(Sch. item 54.1(f)). returning officer means a person who— (a) was a police officer; and (b) is re-appointed under a fixed term agreement as a police officer;
S. 3(2) inserted by No. 27/2001 s. 5(Sch. 3 item 2.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 19.2). (2) For the purposes of the definition of domestic partner in subsection (1)— S. 3(2)(a) amended by No. 4/2009 s. 37(Sch. 1 item 12.2(a)). (a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and s. 3 S. 3(2)(b) amended by No. 4/2009 s. 37(Sch. 1 item 12.2(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 relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case. S. 3(2A) inserted by No. 40/2010 s. 4(2). (2A) The definition of partner as substituted by section 4(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the determination by the Board of an entitlement arising under this or any other Superannuation Act on or after the commencement of the substituting section. S. 3(3) inserted by No. 94/2005 s. 4(5). (3) A reference in this Act to the administration of a public sector superannuation scheme includes a reference to the management and control of the policies of that scheme. S. 3(4) inserted by No. 94/2005 s. 4(5). (4) If there is any inconsistency between a provision which by virtue of this Act is deemed to form part of or is to be read and construed as forming part of a governing instrument and any other provision of the governing instrument, the first-mentioned provision prevails.
S. 4(5) inserted by No. 64/1991 s. 4(c). (5) A person who is a contributor to the Metropolitan Fire Brigades Superannuation Fund immediately before section 4 of the Emergency Services Superannuation (MFBSF Transfer) Act 1991 comes into operation is deemed on that commencement to have chosen to contribute to the Scheme. S. 4(6) inserted by No. 64/1991 s. 4(c). (6) A person to whom subsection (5) applies is entitled to elect to contribute to make the same contributions and receive the same benefits that he or she would have been entitled to make and receive as a contributor to the Metropolitan Fire Brigades Superannuation Fund. S. 4(7) inserted by No. 110/1993 s. 138, amended by No. 82/1996 s. 20(8). (7) A person who is not an operational staff member cannot become a contributor to the Scheme on or after 1 January 1994 except as a member of the ESSPLAN Scheme. s. 4 S. 4(7A) inserted by No. 38/2009 s. 4. (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. S. 4(7B) inserted by No. 38/2009 s. 4. (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. S. 4(7C) inserted by No. 38/2009 s. 4. (7C) An eligible protective services officer who is a member of the ESSPLAN Scheme and has not
(2) A prudential superannuation standard made under subsection (1)— (a) must be published in the Government Gazette; and (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. (3) The Board must in the performance of its functions and duties comply with a prudential superannuation standard. S. 7 amended by Nos 64/1991 s. 5, 102/1995 s. 4, 4/1996 s. 5, 82/1996 s. 8, substituted by No. 94/2005 s. 9. 7 Membership of the Board (1) The Board is to consist of 12 members appointed by the Governor in Council of whom— S. 7(1)(a) amended by No. 37/2014 s. 10(Sch. item 54.2). (a) 1 is to be a contributor elected by contributors who are employed under the Victoria Police Act 2013 or by the employee organisations representing those contributors; and (b) 1 is to be a contributor elected by contributors who are officers or employees of the Metropolitan Fire and Emergency Services Board or persons appointed by the Country Fire Authority under section 17 of the Country Fire Authority Act 1958 or by the employees of the unions representing those contributors; and (c) 1 is to be a contributor elected by contributors who are employees appointed by Ambulance Services—Victoria under the Ambulance Services Act 1986 or by any
contract or proposed contract with the Board if the interest of the member may properly be regarded as not being a material interest. (3) The person presiding at a meeting at which a declaration is made under subsection (1) must cause a record of the declaration to be made in the minutes of the meeting. (4) After a declaration is made by a member of the Board under subsection (1)— (a) that member must not be present during any deliberation of the Board with respect to that matter; and (b) that member is not entitled to vote on the matter; and (c) if that member does vote on the matter, the vote must be disallowed. (5) A member of the Board is not to be taken to have a pecuniary interest in a matter only because the member has or may become entitled to a benefit from the Fund. S. 13 amended by No. 50/1988 s. 93(2)(Sch. 2 Pt 2 item 15), substituted by No. 94/2005 s. 12. 13 Chief Executive Officer s. 13 (1) The Chief Executive Officer is subject to the direction and control of the Board. S. 13(2) substituted by No. 61/2013 s. 5. (2) The Chief Executive Officer is to be appointed by the Board with the approval of the Minister. S. 13(3) substituted by No. 61/2013 s. 5. (3) Subject to this section, the terms and conditions of appointment of the Chief Executive Officer are to be determined by the Board with the approval of the Minister.
written notice to the former contributor or former police recruit suspend or cancel the pension. (12) Subject to subsection (17), if before a former contributor or former police recruit receiving a pension under this section attains the age of 60 years the Board determines that the former contributor or police recruit is gainfully employed, or is not, or is no longer, suffering from disability, the Board may— (a) reduce the pension to any level that the Board determines, having regard to the current equivalent of salary on termination of service, the remuneration the former contributor or former police recruit has derived from gainful employment, and the earning capacity of the former contributor or former police recruit; or (b) suspend the pension; or (c) cancel the pension. (13) For the purposes of subsections (5), (11), (12) and (14) a person is to be treated as being gainfully employed if the person is deriving income wholly or partly from his or her personal exertions whether on his or her own account, or delegation thereof, or under a contract of service or otherwise during the period that the person has been receiving the pension. (14) The Board may from time to time review a determination to reduce or suspend benefits having regard to the current equivalent of salary on termination of service, the income the former contributor or police recruit has derived from gainful employment, and the earning capacity of the former contributor or former police recruit, and may determine to— s. 20F (a) further reduce the pension; or
the month of June or December by an amount equal to one-sixth of the prescribed proportion for the next preceding prescribed half year (if any) of the pension for every whole month or part of a month during the preceding half year in respect of which a pension has been payable; or (b) if for any reason it is not then payable, be notionally so increased as if then payable. (4) Where any increase in any pension is likely to jeopardise the granting of any pension, allowance, subsidy, concession or similar benefit to the pensioner under any Act of the Commonwealth, the Board on receipt of a request in writing from the former contributor may commute to a lump sum the increase in the pension on such terms and conditions as may from time to time be determined by the Board after considering the advice of an actuary. S. 20J inserted by No. 82/1996 s. 10, amended by No. 13/1999 s. 4. 20J Retrenchment of contributor s. 20J If a contributor ceases to be employed before attaining the age of 50 years by reason of retrenchment, the Board must pay to the contributor a sum equal to the contributor's accrued benefit. S. 20K inserted by No. 82/1996 s. 10. 20K Other termination of service of contributor (1) The Board must not make any payments under this section until it receives a statement in the form approved by the Board by or on behalf of the contributor as to whether the contributor claims to have ceased to be employed by reason of retrenchment or whilst suffering from disability or ill health. S. 20K(2) amended by No. 13/1999 s. 4. (2) When a contributor ceases to be employed before attaining the age of 50 years other than by reason of death or retrenchment, or whilst suffering from
S. 21 def. of participating employer substituted by No. 84/1998 s. 9. participating employer means an employer that— (a) employs any person defined as an employee within the meaning of section 3; or (b) the Secretary to the Department of Treasury and Finance by instrument in writing declares to be a participating employer in the ESSPLAN Scheme; S. 21 def. of payment flag inserted by No. 37/2007 s. 8. payment flag has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth; S. 21 def. of payment split inserted by No. 37/2007 s. 8. payment split has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth; S. 21 def. of splittable contribution inserted by No. 37/2007 s. 8. splittable contribution has the meaning given by regulation 6.42 of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth; S. 21 def. of spouse account inserted by No. 95/2000 s. 9(1)(b). spouse account means a spouse's account established and maintained by the Board for an eligible spouse under section 21JA. S. 21A inserted by No. 82/1996 s. 11. 21A ESSPLAN Scheme s. 21A (1) There is continued an arrangement within the Scheme called the ESSPLAN Scheme. (2) The following are to form part of the Scheme—
S. 21G inserted by No. 82/1996 s. 11. 21G Disability and death insurance under ESSPLAN s. 21G S. 21G(1) amended by Nos 43/2008 s. 15, 38/2009 s. 14. (1) The Board must if it is reasonably possible enter into a contract of insurance in respect of the total amount of members' disability and death benefits cover in force under sections 21F, 21FA and 21JB on terms and conditions acceptable to the Board. (2) The Board must determine the proportion of the amount of the premiums paid under subsection (1) which is to be debited to a member's account. (3) At any time before the payment of a benefit to or in respect of a member under section 21H(1)(b), the Board may reduce that member's disability and death cover or impose terms and conditions on that cover having regard to— (a) any failure to obtain insurance under subsection (1) in respect of the whole of the member's disability and death benefits cover; and (b) any terms and conditions imposed by the relevant insurer in respect of insurance secured by the Board under subsection (1). S. 21H inserted by No. 82/1996 s. 11. 21H Amount and payment of disability or death benefits (1) Subject to subsection (2) and section 21E, in the case of the disability or death of a member the benefit is to be equal to— (a) the member's account balance at the time the benefit is paid; and S. 21H(1)(b) amended by No. 43/2008 s. 16(1). (b) where the member died or became disabled while disability and death benefits cover for him or her under section 21F or 21FA was in force, the amount of any insurance proceeds received by the Board under an insurance
transferred within the superannuation system and may apply to the Board to do so. S. 21M(2) substituted by No. 37/2007 s. 13(3). (2) Subject to section 27, the Board must roll over or transfer that amount within the superannuation system. S. 21N inserted by No. 82/1996 s. 11. 21N Transfer to or from new scheme S. 21N(1) amended by No. 37/2007 s. 14(1). (1) The Board may, with the consent of a member or beneficiary, transfer the member or beneficiary within the superannuation system. S. 21N(2) amended by No. 37/2007 s. 14(2). (2) The Board must determine the assets that are to be rolled over or transferred from the new scheme and the terms and conditions that are to apply to the transfer as a result of a transfer of a member or beneficiary under subsection (1). S. 21N(3) amended by No. 37/2007 s. 14(3). (3) The Board may accept on such terms and conditions as the Board determines the transfer to the new scheme of a member or other beneficiary from within the superannuation system. S. 21O (Heading) inserted by No. 37/2007 s. 15(1). S. 21O inserted by No. 82/1996 s. 11. 21O Roll over or transfer of benefits to other fund s. 21O S. 21O(1) amended by No. 37/2007 s. 15(3). (1) If a member or beneficiary— (a) is entitled to a benefit or part of a benefit under this Part which is not required by the specified standards to be preserved; and S. 21O(1)(b) amended by No. 37/2007 s. 15(2). (b) is a member, or has applied to become a member, within the superannuation system—
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; 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. 22EA inserted by No. 40/2004 s. 17. 22EA Accrued benefit multiple s. 22EA For the purpose of regulation 65 of the Commonwealth Family Law (Superannuation) Regulations 2001, the Board on the advice of an actuary appointed by the Board may from time to time determine the accrued benefit multiple. S. 22F inserted by No. 70/2003 s. 5. 22F Obligation on Board S. 22F(1) amended by No. 38/2009 s. 16(1). (1) Subject to subsections (5) and (6), the Board must comply with this section if— (a) a superannuation agreement which provides for a payment split; or
S. 24(2) amended by Nos 23/1994 s. 118(Sch. 1 item 18.1), 4/1996 s. 10(1)(b), 97/2005 s. 182(Sch. 4 item 18), 13/2010 s. 51(Sch. item 21). (2) After the Board receives the reports from the medical officers and before a decision on the issue which is adverse to a contributor or former contributor is made, that person has a right to obtain a second report from a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) who is agreed upon by the contributor or former contributor, and the Board. S. 24(3) inserted by No. 4/1996 s. 10(2). (3) This section extends and applies to— (a) a member or former member of the ESSPLAN Scheme; (b) a transferred beneficiary within the meaning of section 22B. S. 25 repealed by No. 110/1993 s. 144, new s. 25 inserted by No. 40/2010 s. 14. 25 Disclosure of contents of medical reports (1) Within 28 days of the receipt of a medical report under this Act, the Board must provide access to the contents of the medical report to the person to whom it relates in a way described in section 28(1) of the Health Records Act 2001. (2) Despite subsection (1), the Board is not required to disclose the contents of a medical report if the disclosure of that information is prohibited under section 26 or 27 of the Health Records Act 2001. S. 25A inserted by No. 110/1993 s. 145. 25A Taxation on benefits s. 25 (1) In this section— actuary means a person who is— (a) a fellow or an accredited member of the of of ; and (b) approved by the Minister; and (c) appointed by the Board as the actuary for the purpose of this section;
(c) authorise the Board to pay on the person's behalf the amount of the surcharge assessment directly to the Australian Taxation Office. (3) The Board must commute the person's pension to the extent determined by an actuary appointed by the Board to be necessary to pay the amount of the surcharge assessment. (4) The Board must advise the person in writing as to the actuary's determination. (5) The exercise of the power of commutation under this section does not affect the exercise of any other commutation rights under this Act. S. 26 amended by No. 82/1996 s. 13, substituted by No. 70/2003 s. 6. 26 Assignment or charging of interest s. 26 S. 26(1) amended by No. 37/2007 s. 16(1). (1) Subject to subsection (2) and subsection (3), an interest of a member or beneficiary in a benefit under this Act— (a) must not be in any way assigned, charged, attached or passed by operation of law to any other person; and (b) is not an asset for the payment of any debt or liability. (2) Subsection (1) does not apply to or in respect of any assignment, charge, payment or transfer permitted expressly or by necessary implication by this Act. S. 26(3) inserted by No. 37/2007 s. 16(2). (3) If on the death of a member or contributor the Board is satisfied that there is no personal representative, the Board may pay any money payable to the member or contributor or to his or
Assent Date: 5.12.00 Commencement Date: Ss 8, 9 on 6.12.00: s. 2(1) : This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986 Statute Law Amendment (Relationships) Act 2001, No. 27/2001 Assent Date: 12.6.01 Commencement Date: S. 5(Sch. 3 item 2) on 23.8.01: Government Gazette 23.8.01 p. 1927 : This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986 Superannuation Acts (Family Law) Act 2003, No. 70/2003 Assent Date: 14.10.03 Commencement Date: S. 7(1) on 30.6.96: s. 2(2); ss 3–6, 7(2)(3) on 15.10.03: s. 2(1) : This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986 Treasury and Finance Legislation (Amendment) Act 2004, No. 40/2004 Assent Date: 8.6.04 Commencement Date: Ss 16, 17 on 9.6.04: s. 2(1) : This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986 Endnotes Emergency Services Superannuation (Amendment) Act 2005, No. 32/2005 Assent Date: 21.6.05 Commencement Date: 22.6.05: s. 2 : All of Act in operation Superannuation Legislation (Governance Reform) Act 2005, No. 94/2005 Assent Date: 29.11.05 Commencement Date: Ss 3–20 on 1.12.05: s. 2 : This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986 Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 18) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Emergency Services Superannuation Act 1986 Accident Compensation and Other Legislation (Amendment) Act 2006, No. 41/2006
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