that period of leave of absence under section 49(1)(c); S. 3(1) def. of registered medical practitioner inserted by No. 23/1994 s. 118(Sch. 1 item 54.1(b)), amended by No. 97/2005 s. 182(Sch. 4 item 48), substituted by No. 13/2010 s. 51(Sch. item 52). s. 3 registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 3(1) def. of resignation substituted by No. 82/1996 s. 58(1). resignation means the termination of service (however expressed) other than by reason of death, disability or retrenchment of a member before he or she has attained the minimum age for retirement; S. 3(1) def. of retrenchment amended by No. 72/1990 s. 3(a)(b), substituted by No. 87/1992 s. 15(1)(d). retrenchment means the termination of the employment or service of an officer who has not attained the minimum age for retirement and in respect of whom the employing authority certifies in writing to the Board that the officer has been retrenched for the purposes of this Act; S. 3(1) def. of revised scheme member amended by No. 81/1988 s. 25(e). revised scheme member means an officer who was a revised scheme contributor within the meaning of section 3(1A) of the Superannuation Act 1958; S. 3(1) def. of revised scheme member's pension amended by No. 110/1993 ss 70(1)(f), 71(2). revised scheme member's pension means, on the death or disability of a revised scheme member before retirement, the pension which would have become payable to the deceased or disabled revised scheme member at the retirement age of 60 if his or her final average salary at the time of death or
S. 3(1) def. of surcharge deduction amount inserted by No. 29/2000 s. 14. surcharge deduction amount means, in relation to a person— (a) who is or has been an officer; 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 Board under section 71C in relation to the person; S. 3(1A) inserted by No. 70/2003 s. 19. (1A) For the purpose of the definition of dependant in section 3(1), a person was partially dependent on a deceased person if the person benefited from a financial contribution which was not trivial in nature and was to some extent necessary to sustain the basics of life. S. 3(2) amended by No. 87/1992 s. 15(2)(b). (2) For the purposes of the definition of salary in subsection (1)— S. 3(2)(a) amended by No. 87/1992 s. 15(2)(a). (a) if an officer's salary is reduced then, unless the officer agrees in writing that the reduced salary applies, salary means the greater of— (i) the salary of the officer immediately before the reduction; or (ii) the actual salary; or s. 3 (b) in the case of an officer referred to in paragraph (f) of the definition of officer, salary means the last salary of the officer immediately prior to becoming a full-time officer of the trade union adjusted in accordance with changes in the rate of salary for the last substantive classification of the officer or any higher salary as is paid to the officer by the trade union and approved by the Board; or
S. 3(2)(c) inserted by No. 87/1992 s. 15(2)(b), amended by Nos 58/1994 s. 6(a), 84/1998 s. 45(2). (c) in the case of a person referred to in paragraph (a) or (aa) of the definition of contract officer, salary means the salary for superannuation purposes in accordance with section 12 of the Superannuation (Public Sector) Act 1992 and notified in writing by the employing authority to the Board; or S. 3(2)(d) inserted by No. 58/1994 s. 6(b), amended by No. 120/1994 s. 55(1)(2). s. 3 (d) subject to paragraph (e), in the case of a person referred to in paragraph (b) of the definition of contract officer, salary means the salary for superannuation purposes specified from time to time in that person's contract of employment and notified in writing by the employing authority to the Board; or S. 3(2)(e) inserted by No. 120/1994 s. 55(2), amended by No. 24/2006 s. 6.1.2(Sch. 7 item 38.2), substituted by No. 70/2008 s. 42. (e) if a person to whom paragraph (d) applies is a member of the Principal Class within the meaning of Part 2.4 of the Education and Training Reform Act 2006, or a member of the Executive Class within the meaning of that Part and immediately before becoming a member of the Executive Class was a member of the Principal Class, the salary specified for the purpose of paragraph (d) must not exceed— (i) in the case of a person who was a member of the new scheme on 31 January 1995, a maximum of 909 per cent of the person's remuneration package; or (ii) in any other case, a maximum of 823 per cent of the person's remuneration package.
S. 4(6)(c) amended by No. 110/1993 s. 71(1). (c) 21 per cent of final average salary for each year of service recognised by the State Employees Retirement Benefits Board in which contributions were made before the commencement of section 26 of the Superannuation Acts (Amendment) Act 1988. S. 4(7) inserted by No. 110/1993 s. 72. (7) A person cannot become an officer or become a member of the revised scheme or the new scheme on or after the commencement of section 72 of the Public Sector Superannuation (Administration) Act 1993 except by transferring from the revised scheme to the new scheme under section 61B. s. 4 _______________ Pt 2 (Heading and ss 5–15) amended by Nos 81/1988 s. 27(a)–(c), 72/1990 s. 4, 49/1992 ss 4–8, 120/1994 s. 56(2)(3), 4/1996 s. 108(1), 46/1998 s. 7(Sch. 1), 84/1998 s. 46, repealed by No. 8/1999 s. 51(1)(c). * * * * * _______________ Pt 3 (Heading) amended by No. 94/2005 s. 38(1).
S. 47(11) inserted by No. 110/1993 s. 76, repealed by No. 82/1996 s. 67, new s. 47(11) inserted by No. 95/2000 s. 6(5), amended by No. 73/2001 s. 5(5). (11) The method of calculating the conversion under subsection (10) or (10A) is to be determined by the Minister on the advice of an actuary appointed by the Board. S. 48 (Heading) inserted by No. 40/2010 s. 83(1). 48 Payments to children and adult children s. 48 S. 48(1) amended by Nos 81/1988 s. 28(k), 120/1994 s. 57(j), 27/2001 s. 5(Sch. 3 item 5.13), 40/2010 s. 83(2). (1) If a benefit is not payable to a partner of a revised scheme member the pension for each child or adult child of the revised scheme member is to be at the rate applicable under subsection (2) or at the rate of $624 per annum whichever is the greater. S. 48(2) amended by No. 40/2010 s. 83(3)(a). (2) The pension payable to each child or adult child of a revised scheme member is— S. 48(2)(a) amended by No. 40/2010 s. 83(3)(b). (a) if there is 1 eligible child or eligible adult child, an amount equal to 45 per cent of the revised scheme member's pension; or S. 48(2)(b) amended by No. 40/2010 s. 83(3)(c). (b) if there are 2 eligible children or eligible adult children or both an eligible child and an eligible adult child, an amount equal to 40 per cent of the revised scheme member's pension; or S. 48(2)(c) amended by No. 40/2010 s. 83(3)(d). (c) if there are 3 or more eligible children and eligible adult children, an amount equal to the revised scheme member's pension
(6) The changed contribution is payable as from and inclusive of the pay day on or next following the day being 2 months after the day fixed under subsection (5). (7) An election continues in force until another election is made in accordance with this section. (8) Until a new scheme member makes an election he or she is to be treated as having elected not to contribute. S. 50(9) amended by No. 40/2010 s. 84(1). (9) If a new scheme member becomes entitled to the maximum accrued retirement benefit or attains the age of 75 years no further contributions are to be made. S. 50(10) inserted by No. 49/1992 s. 16, repealed by No. 4/1996 s. 108(2), new s. 50(10) inserted by No. 40/2010 s. 84(2). (10) Despite subsection (9), a new scheme member may make contributions after he or she attains the age of 75 years if he or she is permitted to do so under Commonwealth superannuation law. S. 51 repealed by No. 64/1995 s. 38(2). * * * * * Division 2—Benefits 52 Benefit on retirement of new scheme member s. 52 (1) A new scheme member is entitled to a lump sum equal to his or her accrued retirement benefit on retirement on or after the minimum age for retirement. (2) The accrued retirement benefit of a new scheme member is the sum of—
S. 52(2)(a) amended by Nos 110/1993 s. 71(1), 94/2005 s. 44. (a) 10 per cent of the final average salary of the new scheme member for each year of recognised service in which he or she has not contributed to the State Superannuation Fund and the Fund; and S. 52(2)(b) amended by Nos 110/1993 s. 71(1), 94/2005 s. 44. (b) 16 per cent of the final average salary of the new scheme member for each year of recognised service in which he or she contributed 3 per cent of salary to the State Superannuation Fund and the Fund; and S. 52(2)(c) amended by Nos 110/1993 s. 71(1), 94/2005 s. 44. (c) 20 per cent of the final average salary of the new scheme member for each year of recognised service in which he or she contributed 5 per cent of salary to the State Superannuation Fund and the Fund; and S. 52(2)(d) amended by Nos 110/1993 s. 71(1), 94/2005 s. 44. (d) except as provided for in paragraph (e), 24 per cent of the final average salary of the new scheme member for each year of recognised service in which he or she contributed 7 per cent of salary to the State Superannuation Fund and the Fund; and S. 52(2)(e) amended by Nos 110/1993 s. 71(1), 94/2005 s. 44. (e) 28 per cent of the final average salary of the new scheme member for each year of recognised service in which he or she was a prescribed fire-fighter and contributed 7 per cent of salary to the State Superannuation Fund and the Fund; and S. 52(2)(f) amended by Nos 20/1989 s. 43(3), 110/1993 s. 71(1), 94/2005 s. 44. (f) 32 per cent of the final average salary of the new scheme member for each year of recognised service in which he or she was a prescribed fire-fighter and contributed 8 per cent of salary to the State Superannuation Fund and the Fund; and s. 52
of the 3 years immediately preceding retirement; S. 54(1)(c) repealed by No. 110/1993 s. 78(3)(b). * * * * * as if his or her final average salary at the date of retirement had been his or her final average salary at the date on which he or she would attain 60 years of age. S. 54(1A) inserted by No. 110/1993 s. 78(4). (1A) In the case of a prescribed fire-fighter, for the purposes of this section, the contribution rate is to be the highest rate at which the prescribed firefighter would then have been entitled to contribute and subsection (1) applies as if for "60" there were substituted "55". s. 54 S. 54(1B) inserted by No. 110/1993 s. 78(4), amended by No. 120/1994 s. 61. (1B) Despite subsection (1A), no benefit calculated under this section shall be less than the benefit that would have been payable had the new scheme member retired due to disability before he or she attained 60 years of age immediately before section 78(4) of the Public Sector Superannuation (Administration) Act 1993 came into operation. S. 54(2) amended by No. 81/1988 s. 30(c). (2) If a new scheme member continues to receive a pension under subsection (1) until he or she attains 65 years of age, he or she may elect to receive a lump sum equal to his or her accrued retirement benefit calculated at the date of retirement instead of continuing to receive a pension under subsection (1). (3) Despite subsections (1) and (2), the Board may at its discretion determine that instead of the pension at the rate under subsection (1) the new scheme member is to receive—
(d) the attainment of the former new scheme member of the age of 65 years. S. 58(4) inserted by No. 110/1993 s. 78(6), repealed by No. 82/1996 s. 67, new s. 58(4) inserted by No. 95/2000 s. 6(6). (4) A new scheme member who is entitled under subsection (1) to a deferred benefit on resignation may elect in writing to the Board to— (a) convert the entitlement to a present lump sum; and S. 58(4)(b) substituted by Nos 40/2004 s. 28(4), 37/2007 s. 34. (b) have the lump sum rolled over or transferred within the superannuation system as nominated by the new scheme member. S. 58(5) inserted by No. 110/1993 s. 78(6), repealed by No. 82/1996 s. 67, new s. 58(5) inserted by No. 95/2000 s. 6(6). (5) The method of calculating the conversion under subsection (4) is to be determined by the Minister on the advice of an actuary appointed by the Board. 59 Intermittent service s. 59 S. 59(1) substituted by No. 81/1988 s. 30(g)(i), amended by Nos 4/1996 s. 112(1), 94/2005 s. 46(1), 37/2007 s. 35. (1) If a new scheme member takes a period of unpaid leave of absence of 4 weeks or more he or she may elect to make contributions in respect of that leave at a rate of 15 per cent (or such other percentage as is first determined by an actuary after the commencement of section 112(1) of the Superannuation Acts (Amendment) Act 1996 and thereafter during an actuarial investigation under section 23 and which is specified in the actuary's report and after the commencement of the Superannuation Legislation (Governance Reform) Act 2005, during an actuarial investigation under section 19 of the Emergency Services Superannuation Act 1986 and which is
S. 62 substituted by No. 81/1988 s. 32(a), repealed by No. 40/2010 s. 88. * * * * * S. 63 substituted by No. 81/1988 s. 32(b), repealed by No. 40/2010 s. 88. * * * * * S. 64 amended by No. 81/1988 s. 32(c)(d), substituted by No. 49/1992 s. 20, repealed by No. 40/2010 s. 88. * * * * * S. 65 amended by No. 49/1992 s. 21(a)–(c), repealed by No. 40/2010 s. 88. * * * * * S. 66 amended by Nos 4/1996 s. 112(3), 37/2007 s. 38. 66 Officers on secondment or leave of absence s. 66 A contributor who is on secondment or is on leave of absence on the grounds of ill-health without pay must pay his or her contributions during or in respect of the period of leave as for a period of service without reduction for the period of the leave. 67 If pensioner re-employed by Crown, pension may be reduced (1) In this section— current equivalent of the salary on retirement in relation to a pensioner means the salary that the Board from time to time determines as
69 Members of approved superannuation schemes S. 69(1) amended by Nos 27/2001 s. 5(Sch. 3 item 5.14), 40/2010 s. 89. s. 69 (1) In this section scheme of superannuation means a scheme for the administration of any assets with the object of providing superannuation payments, annuities, pensions, allowances, lump sum payments or other benefits for employees or former employees or for the partners, children, adult children, dependants or legal personal representatives of employees or former employees. S. 69(2) amended by No. 46/1998 s. 7(Sch. 1). (2) The Governor in Council, on the recommendation of the Minister, may by Order published in the Government Gazette declare a scheme of superannuation to be an approved superannuation scheme for the purposes of this section. S. 69(3) amended by No. 81/1988 s. 33(d). (3) Despite anything to the contrary in this Act an officer who becomes eligible to be a member of an approved superannuation scheme may within 3 months or any longer period approved by the Board of becoming eligible elect to cease to contribute in accordance with this Act. S. 69(4) amended by Nos 81/1988 s. 33(e), 49/1992 s. 23(a), substituted by No. 110/1993 s. 84(1). (4) A contributor who ceases to be a contributor under subsection (3) is entitled to a deferred retirement benefit— (a) in the case of a revised scheme member, in accordance with the formula in section 61(2); and (b) in the case of a new scheme member, equal to the accrued retirement benefit. S. 69(4A) inserted by No. 95/2000 s. 6(9). (4A) A contributor who is entitled to a deferred retirement benefit under subsection (4) may elect in writing to the Board to— s. 69
period approved by the Board to authorise the Board to make arrangements for specified contributions to the Fund to be deducted from his or her salary for the duration of his or her employment with the public body. S. 70(3) amended by No. 46/1998 s. 7(Sch. 1). (3) With the consent of the Minister, the Board may make the arrangement and agree as to— (a) the amount of the pension entitlement and other benefits of that pension; and (b) the conditions under which pensions and benefits will be payable; and S. 70(3)(c) amended by No. 12/1999 s. 4(Sch. 2 item 13.2). (c) the amount to be paid by the Minister from the Consolidated Fund into the Fund in respect of the pensions and benefits. S. 71 amended by Nos 49/1992 s. 24, 54/1993 s. 11(2)(3), 110/1993 s. 71(1), 4/1996 ss 108(4)(5), 110(5), 70/2003 s. 26, substituted by No. 40/2004 s. 35. 71 Minimum benefit s. 71 S. 71(1) amended by No. 94/2005 s. 48(1). (1) Subject to this section, if after all benefits payable under this Act in respect of a contributor or former contributor have been paid, the total amount of the benefits paid is less than the sum of the amount contributed by the contributor or former contributor to the State Superannuation Fund and the Fund and interest as appropriate on the amount contributed at the rate which is the prescribed rate under section 46(1) or 58(1) up to the date that the contributor or former contributor first became entitled to a benefit under this Act other than a
S. 71A inserted by No. 49/1992 s. 25, repealed by No. 4/1996 s. 108(5), new s. 71A inserted by No. 82/1996 s. 63. 71A Early release of benefits s. 71A (1) The Board may approve the early release of part or all of the vested benefit of a member or former member in accordance with the specified standards. (2) The Board must determine— (a) the amount of the benefit to be released; and (b) the method of payment of that amount; and (c) the reduction to be made to the vested benefit— in accordance with the specified standards. S. 71B inserted by No. 110/1993 s. 86. 71B Taxation on benefits s. 71B (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; affected member means in relation to a benefit reduction under subsection (2) or (3) a person who is a member of the Fund immediately before the date from which that reduction commences to apply; after-tax benefit means the amount of benefit after allowing for income tax calculated at the rates and in the manner as at the date of commencement of section 86 of the Public Sector Superannuation (Administration) Act 1993 applicable to a person aged 55 years or more;
detriment means receiving a lesser amount of after-tax benefit than would have been received if the benefit— (a) had not been reduced in accordance with subsections (2) and (3); and (b) had been an untaxed benefit; S. 71B(1) def. of post-June 1983 component amended by No. 120/1994 s. 65(c). post-June 1983 component has the same meaning as in section 27A of the tax law; rebatable 27H amount has the same meaning as in section 159SJ of the tax law; tax law means the Commonwealth Income Tax Assessment Act 1936; taxed element has the same meaning as in section 27A of the tax law; taxed in respect of a benefit means a benefit in relation to which there is a taxed element or a rebatable 27H amount as the case may be; untaxed in respect of a benefit means a benefit in relation to which there is no taxed element or rebatable 27H amount as the case may be. s. 71B (2) If before the commencement of section 86 of the Public Sector Superannuation (Administration) Act 1993 the Board determined that any part of the post-June 1983 component of a benefit paid or payable to a member of the Fund was to be classified for the purposes of the tax law as taxed, then the benefits accruing in respect of members of the Fund in relation to the period after 1 July 1993 (and any relevant maximum benefit) must be reduced on the basis determined by an actuary and approved by the Minister.
(2) The amount of an instalment of a pension covering a period of a fortnight is to be determined by dividing the annual pension by 26. S. 75 amended by No. 120/1994 s. 62(2). 75 Disability pensioner to be taken to be on leave Subject to this Act, the following provisions apply to pensioners— S. 75(a) amended by No. 120/1994 s. 62(3)(a). (a) any pensioner receiving a pension under section 34 or 54 is for the purposes of this Act to be treated as being on leave of absence without pay and is not required to contribute in respect of the period of that leave; and (b) despite paragraph (a), his or her office or position is to be held to be vacant and may be filled by the appointment of some other person; and S. 75(c) amended by Nos 81/1988 s. 33(f)(g), 120/1994 s. 62(3)(a). (c) if a person who has retired on a pension under section 34 or 54 again becomes an officer, the period during which he or she was retired, is not for the purposes of this Act to be treated as a break in the continuity of his or her service as an officer; and (d) the pensioner must submit himself or herself for medical examination as and when required by the Board; and (e) if the pensioner does not comply with paragraph (d) the pension ceases to be payable so long as he or she continues in default; and (f) if the pensioner continues in default for a period of 12 months the Board must cancel the pension and this Act (other than section 71) ceases to apply in respect of that pensioner. 76 Liability to be recalled to service s. 76
S. 78(1) amended by Nos 57/1989 s. 3(Sch. item 186), 27/2001 s. 5(Sch. 3 item 5.16). (1) If— S. 78(1)(a) amended by No. 27/2001 s. 5(Sch. 3 item 5.16). (a) a pensioner has unlawfully deserted his or her partner or left his or her partner without means of support; or S. 78(1)(b) amended by No. 27/2001 s. 5(Sch. 3 item 5.16). (b) a pensioner's partner is dead or divorced and the pensioner has deserted any of his or her children who are dependent on him or her— Part II of the Maintenance Act 1965 extends and applies so as to enable the Magistrates' Court on complaint to order the payment, during the period it thinks desirable of so much of his or her pension as the Magistrates' Court thinks fit for the benefit of his or her partner or his or her children or of his or her partner and children. (2) The Board must comply with the order and during the period for which the order operates, pay to the pensioner the balance (if any) of his or her pension. S. 79 repealed by No. 110/1993 s. 87. * * * * *
89 Payment of benefits Unless otherwise determined by the Board, any pension or benefit under this Act is payable in Australian currency at the office of the Board. S. 89A inserted by No. 102/1995 s. 27. 89A Payment of lump sum benefits s. 89 If a lump sum benefit (not being a payment under section 77A) to which a person is entitled is not paid within 14 days of the person becoming entitled, the person is entitled to receive interest at the rate prescribed for the purposes of section 46(1)(a) or 58(1)(a) as the case may be from the date of entitlement until the lump sum benefit is paid. 90 Payments from Consolidated Fund (1) Any payment or repayment by the Treasurer into the Fund for the purposes of this Act is to be made from the Consolidated Fund which is to the necessary extent appropriated accordingly. S. 90(2) amended by No. 44/1989 s. 41(Sch. 2 item 40.2), substituted by No. 64/1995 s. 38(3), amended by No. 4/1996 s. 115. (2) The Treasurer may pay from the Consolidated Fund into the Fund any additional amount or amounts determined by the Minister on the advice of an actuary appointed by the Board in respect of any unfunded liability of the Fund relating to— S. 90(2)(a) inserted by No. 4/1996 s. 115. (a) an employing authority or class of employing authority under section 90A; or
S. 92A(1)(a) amended by No. 70/2003 s. 29(1). (a) specify standards and conditions for the preservation of specified employer and member contributions and benefits; and (b) specify the method, manner and form in which preserved contributions may be paid as a benefit; and S. 92A(1)(c) amended by No. 82/1996 s. 65. (c) specify maximum fees and charges which the Board may impose on specified types of benefits; and S. 92A(1)(ca) inserted by No. 70/2003 s. 29(2). (ca) specify processes and requirements in respect of the administration and operation of Part 7A; and S. 92A(1)(cb) inserted by No. 70/2003 s. 29(2). (cb) specify the benefits and entitlements of spouses under Part 7A; and s. 92A S. 92A(1)(d) inserted by No. 82/1996 s. 65. (d) specify the circumstances (other than death, disability or ill health) in which an application for an early release of benefits may be made; and S. 92A(1)(e) inserted by No. 82/1996 s. 65. (e) specify the benefits in respect of which an application for an early release may be made; and S. 92A(1)(f) inserted by No. 82/1996 s. 65. (f) specify the method, manner and form in which benefits which are the subject of an application for an early release may be paid. (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. 92A(3) inserted by No. 70/2003 s. 29(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 29(1) of that Act. 93 Savings s. 93 S. 93(1)–(3) repealed by No. 120/1994 s. 65(d). * * * * * S. 93(4) amended by No. 81/1988 s. 33(q), repealed by No. 120/1994 s. 65(d). * * * * * (5) On the commencement of section 91— (a) the Pensions Supplementation Act 1966 ceases to apply in respect of any pension payable under this Act and that Act is to be construed as if all the provisions relating to pensions under the Superannuation Act 1958 were omitted; and (b) pensions payable from both the Superannuation Fund and the Pensions Supplementation Fund will continue to be payable in accordance with sections 73 and 74.
Industry Superannuation Fund after having been translated into the corresponding benefit entitlements under the governing instrument of the Water Industry Superannuation Fund. (3) From the date of becoming a member of the Water Industry Superannuation Fund under this section a person is entitled to receive benefits as a member of the Water Industry Superannuation Fund. S. 98 inserted by No. 4/1996 s. 118. 98 Provisions relating to transfer of assets and liabilities No stamp duty or other tax is payable under any Act in respect of anything done under section 96. S. 99 inserted by No. 82/1996 s. 66. 99 Transfer of members under section 4(1BA) of ESSA (1) This section applies to an officer who elects to transfer to the new scheme under section 4(1BA) of the Emergency Services Superannuation Act 1986. (2) Upon electing to transfer to the new scheme the officer becomes a member of the new scheme with a resignation benefit and an accrued retirement benefit calculated in accordance with Part 3 of the Emergency Services Superannuation Act 1986 and, if not adjusted in accordance with section 25A of that Act, adjusted in accordance with section 71B of this Act and certified by an actuary appointed by the Emergency Services Superannuation Board. (3) From the date of becoming a member of the new scheme the officer is entitled to receive benefits as a member of the new scheme.