Version No. 065 Transport Superannuation Act 1988 No. 33 of 1988 Version incorporating amendments as at 1 July 2014 The Parliament of enacts as follows: S. 1 amended by Nos 85/1992 s. 12, 46/1998 s. 7(Sch. 1). 1 Purpose The purpose of this Act is to establish a Transport Superannuation Fund to provide superannuation benefits to persons employed in operating authorities and agencies of the Department of Infrastructure. 2 Commencement This Act comes into operation on a day to be proclaimed. 3 Definitions (1) In this Act— S. 3(1) def. of actuary substituted by No. 4/1996 s. 124(a). actuary means a fellow or accredited member of the of of approved by the Minister; S. 3(1) def. of Board substituted by No. 120/1994 s. 73(1), repealed by No. 8/1999 s. 53(1)(a), new def. of Board inserted by No. 94/2005 s. 51(1)(a). Board means the Emergency Services Superannuation Board established under section 5 of the Emergency Services Superannuation Act 1986;
(b) any person who— (i) is declared or deemed to be a contract officer; or (ii) is a member of a class of persons declared or deemed to be contract officers— by the Minister by instrument in writing for the purposes of this Act; S. 3(1) def. of dependant substituted by No. 120/1994 s. 70(a), amended by No. 27/2001 s. 5(Sch. 3 item 7.1(c)). dependant, in relation to a deceased person, means— s. 3 (a) his or her partner; or (b) a child of the person; or (c) any other person who in the opinion of the Board was at the date of the death of the person wholly or partially dependent on the person or who at that date had a legal right to look to him or her for financial support; S. 3(1) def. of disability amended by Nos 49/1992 s. 96(1)(a), 23/1994 s. 118(Sch. 1 item 58.1(a)), substituted by No. 120/1994 s. 71. disability, in relation to a member, means the permanent inability of the member before the age of 60 years due to a continuing or recurring injury, disease or infirmity— (a) to perform his or her duties; and (b) to perform any other duties for which he or she is suited by education, training or experience or for which he or she would be suited as a result of retraining— as determined by the Board on the basis of reports provided by at least 2 registered medical practitioners appointed by the Board;
S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 5(Sch. 3 item 7.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 61.1), amended by No. 4/2009 s. 37(Sch. 1 item 27.1). 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); S. 3(1) def. of eligible contribution inserted by No. 78/2004 s. 16. eligible contribution means the Government cocontribution payable under the Superannuation (Government Cocontributions 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; S. 3(1) def. of eligible member inserted by No. 78/2004 s. 16. eligible member means a member who is a person in respect of whom a Government cocontribution is payable in accordance with section 6 of the Superannuation (Government Co-contributions for Low Income Earners) Act 2003 of the Commonwealth; s. 3 S. 3(1) def. of eligible member account inserted by No. 78/2004 s. 16. eligible member account means the account established under section 28A; S. 3(1) def. of eligible salary sacrifice contributor inserted by No. 40/2004 s. 42. eligible salary sacrifice contributor means a member in respect of whom a declaration is in force under section 3A;
S. 29(1)(b) amended by No. 94/2005 s. 53. (b) 15 per cent of the final average salary of the member for each year of membership in which he or she contributed 25 per cent of salary to the State Superannuation Fund and the Fund; and S. 29(1)(c) amended by No. 94/2005 s. 53. (c) 20 per cent of the final average salary of the member for each year of membership in which he or she contributed 5 per cent of salary to the State Superannuation Fund and the Fund; and S. 29(1)(d) amended by No. 94/2005 s. 53. (d) 25 per cent of the final average salary of the member for each year of membership in which he or she contributed 75 per cent of salary to the State Superannuation Fund and the Fund; and S. 29(1)(e) amended by No. 81/1988 s. 37(a). (e) 2 per cent of the final average salary of a member who is not a person to whom section 4(1) applies for each year of his or her service prior to 1 September 1987 less the amount of any retirement gratuity payable under any industrial award or negotiated settlement. S. 29(1A) inserted by No. 81/1988 s. 37(b). (1A) The accrued retirement benefit in respect of any year of membership must be reduced by the amount of any retirement gratuity payable in respect of that year under any industrial award or negotiated settlement. S. 29(1B) inserted by No. 49/1992 s. 101. (1B) For the purposes of subsection (1)(e) a break in service of a period of not more than 4 weeks in employment with a transport authority prior to 1 September 1987 is to be disregarded if in respect of that period no benefit has been or is payable from a statutory superannuation scheme other than a refund of employee contributions with or without interest.
S. 34A(3) inserted by No. 95/2000 s. 21(1). (3) A member who is entitled to a deferred benefit may elect in writing to the Board to— (a) convert the entitlement to a present lump sum; and S. 34A(3)(b) substituted by Nos 40/2004 s. 41(2), 37/2007 s. 50. (b) have the lump sum rolled over or transferred within the superannuation system as nominated by the member. S. 34A(4) inserted by No. 95/2000 s. 21(1). (4) The method of calculating the conversion under subsection (3) is to be determined by the Minister on the advice of an actuary appointed by the Board. 35 Benefit on resignation s. 35 S. 35(1) amended by No. 110/1993 s. 129(2)(d). (1) If a member resigns, he or she is entitled to— (a) a cash benefit equal to the amount of contributions paid by him or her and interest at the prescribed rate; and (b) a deferred benefit equal to— (i) 3 per cent of final average salary for each year of service after 1 September 1987; and (ii) for each year of service in excess of 5 years, 5 per cent of the balance of the accrued retirement benefit up to a maximum of 100 per cent of the balance of the accrued retirement benefit after 25 years of service. S. 35(2) amended by No. 110/1993 s. 129(2)(d). (2) In subsection (1)(b)(ii) balance of the accrued retirement benefit means the accrued retirement benefit at the time of his or her resignation less the total of 3 per cent of final average salary for each year of service and the amount referred to in subsection (1)(a) expressed as a percentage of final average salary.
(1) The Board may at any time require— S. 38(1)(a) amended by Nos 46/1998 s. 7(Sch. 1), 84/1998 s. 56. (a) the department head of any department or any other person or body who or which employs or uses the services of a person who is a member to furnish any returns and information with respect to any person as the Board may require for the purpose of this Act, including without limiting the generality of the foregoing, particulars of the name, sex, date of birth, date of appointment, date of commencement of duty, rate of salary and changes in the rate of salary, and hours of duty and changes in the hours of duty, and tax file number of that person; or S. 38(1)(b) amended by No. 23/1994 s. 118(Sch. 1 item 58.2). (b) any member or person entitled or claiming to be entitled to a benefit to furnish any returns and information (including the report of any registered medical practitioner) as the Board may require for the purposes of this Act. S. 38(2) amended by No. 23/1994 s. 118(Sch. 1 item 58.2). (2) Subject to the Freedom of Information Act 1982, the Board must not disclose to any person except a court or the person to whom the report relates information contained in the report of a registered medical practitioner given to the Board under subsection (1)(b). (3) Despite any Act or rule of law or practice to the contrary, the Board is not prevented on the ground of medical professional privilege from producing in any legal proceedings any report referred to in subsection (2). (4) Any person who, without reasonable excuse, fails, neglects or refuses to furnish the information required of him or her under this Act is liable to a penalty of not more than 10 penalty units. s. 39 39 Power of Board to reclassify in certain cases (1) If the Board is satisfied that—
Assent Date: 11.5.99 Commencement Date: S. 17 on 11.5.99: s. 2(1) : This information relates only to the provision/s amending the Transport Superannuation Act 1988 Superannuation Acts (Amendment) Act 2000, No. 29/2000 Assent Date: 30.5.00 Commencement Date: Ss 17, 18 on 31.5.00: s. 2(1) : This information relates only to the provision/s amending the Transport Superannuation Act 1988 Superannuation Acts (Beneficiary Choice) Act 2000, No. 95/2000 Assent Date: 5.12.00 Commencement Date: S. 20 on 6.12.00: s. 2(1); s. 21 on 1.7.01: s. 2(6) : This information relates only to the provision/s amending the Transport Superannuation Act 1988 Endnotes Statute Law Amendment (Relationships) Act 2001, No. 27/2001 Assent Date: 12.6.01 Commencement Date: S. 5(Sch. 3 item 7) on 23.8.01: Government Gazette 23.8.01 p. 1927 : This information relates only to the provision/s amending the Transport Superannuation Act 1988 Transport (Further Amendment) Act 2001, No. 54/2001 Assent Date: 2.10.01 Commencement Date: S. 38 on 30.6.03: s. 2(5) : This information relates only to the provision/s amending the Transport Superannuation Act 1988 Superannuation Acts (Family Law) Act 2003, No. 70/2003 Assent Date: 14.10.03 Commencement Date: S. 40(1) on 30.6.96: s. 2(2); ss 35–39, 40(2)(3) on 15.10.03: s. 2(1) : This information relates only to the provision/s amending the Transport Superannuation Act 1988 Treasury and Finance Legislation (Amendment) Act 2004, No. 40/2004 Assent Date: 8.6.04 Commencement Date: Ss 41–46 on 9.6.04: s. 2(1) : This information relates only to the provision/s amending the Transport Superannuation Act 1988 Parliamentary Superannuation Legislation (Reform) Act 2004, No. 78/2004
Assent Date: 9.11.04 Commencement Date: Ss 16, 17 on 10.11.04: s. 2(1) : This information relates only to the provision/s amending the Transport Superannuation Act 1988 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 210) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Transport Superannuation Act 1988 Superannuation Legislation (Governance Reform) Act 2005, No. 94/2005 Assent Date: 29.11.05 Commencement Date: Ss 51–56 on 1.12.05: s. 2 : This information relates only to the provision/s amending the Transport Superannuation Act 1988 Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 52) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Transport Superannuation Act 1988 Endnotes Superannuation Legislation Amendment (Contribution Splitting and Other Matters) Act 2007, No. 37/2007 Assent Date: 14.8.07 Commencement Date: Ss 46–53 on 15.8.07: s. 2 : This information relates only to the provision/s amending the Transport Superannuation Act 1988 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 61) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Transport Superannuation Act 1988 Superannuation Legislation Amendment Act 2008, No. 43/2008 Assent Date: 26.8.08 Commencement Date: S. 22 on 27.8.08: s. 2 : This information relates only to the provision/s amending the Transport Superannuation Act 1988 Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009 Assent Date: 10.2.09 Commencement Date: S. 37(Sch. 1 item 27) on 1.12.09: s. 2(2) : This information relates only to the provision/s amending the Transport Superannuation Act 1988 Endnotes