(d) unless an officer otherwise elects in writing, the annual rate of any higher duties allowance payable to an officer for at least 12 months and includes any increase in the rate during a period of at least 12 months where a higher duties allowance has been paid continuously in respect of different positions held by that officer; and s. 3 (e) any additional amount prescribed for officers who perform rostered or shift work; and (f) the annual rate of any other remuneration or pecuniary emolument payable periodically and approved by the Board— but does not include a recreation leave allowance or an expense allowance or payment for overtime, or for travelling allowances or for incidental expenses or payments of a temporary character; S. 3(1) def. of secondment amended by Nos 49/1992 s. 3(j), 70/2003 s. 18. secondment, in relation to an officer, means leave without pay to engage in paid employment with the consent of his or her employer during the period of that leave and in respect of which contributions payable under section 90A are only met by or on behalf of the current employer during that period; S. 3(1) def. of specified standards inserted by No. 4/1996 s. 106(1)(d). specified standards means standards specified under section 92A;
S. 3(3) amended by Nos 100/1995 s. 32(Sch. 2 item 9), 46/1998 s. 7(Sch. 1). (3) The Minister may, by an instrument of delegation under the hand of the Minister, delegate to the Secretary to the Department of Treasury and Finance any power or duty of the Minister under paragraph (c) of the definition of officer in subsection (1). (4) Until 1 July 1988 officer in Division 2 of Part 6 has the same meaning as it has in section 3 of the Superannuation Act 1958. (5) A reference in this Act to a Commonwealth Act is a reference to that Act as amended and in force for the time being or as re-enacted and as subsequently amended and in force for the time being. S. 3(6) inserted by No. 110/1993 s. 70(2). (6) Despite the amendment of the definition of revised scheme member's pension by section 70(1)(f) of the Public Sector Superannuation (Administration) Act 1993 no pension calculated according to that definition as amended shall be less than the pension that would have been payable had the revised scheme member retired due to disability or died (as the case may be) immediately before that section came into operation. s. 3 S. 3(7) inserted by No. 8/1999 s. 51(2), repealed by No. 94/2005 s. 36(2). * * * * *
(iii) a new scheme member; or S. 3A(a)(iv) amended by No. 94/2005 s. 37. (iv) a member of the State Superannuation Fund as a result of a transfer to the Fund under section 94— to be an eligible salary sacrifice contributor from the date specified in the notice; or (b) a class of officers who are— (i) original scheme members; or (ii) revised scheme members; or (iii) new scheme members; or S. 3A(b)(iv) amended by No. 94/2005 s. 37. (iv) members of the State Superannuation Fund as a result of a transfer to the State Superannuation Fund under section 94— to be eligible salary sacrifice contributors from the date specified in the notice. 4 Application of Act s. 4 S. 4(1) amended by Nos 4/1996 s. 107(1), 8/1999 s. 51(1)(b), 43/2008 s. 21(1). (1) Subject to subsection (1A), this Act does not apply to an officer while he or she is a member of a prescribed superannuation scheme. S. 4(1A) inserted by No. 4/1996 s. 107(2), repealed by No. 8/1999 s. 51(1)(c), new s. 4(1A) inserted by No. 43/2008 s. 21(2). (1A) Subsection (1) does not apply if the officer is a member of the ESSPLAN Scheme in accordance with section 21B(1)(c) of the Emergency Services Superannuation Act 1986.
S. 28(1B) inserted by No. 40/2004 s. 32. (1B) An election under subsection (1A)— (a) can only be made if there is in force an agreement between the employing authority and the member under which the employing authority can make the member contributions required by this Act by way of salary sacrifice; (b) is subject to the terms and conditions specified in the agreement referred to in paragraph (a); (c) can only be made in respect of the whole of the member contributions; (d) can not be made in respect of any contributions made by a member in addition to the member contributions required under subsection (1). S. 28(1C) inserted by No. 40/2004 s. 32. (1C) Member contributions made in accordance with the rate determined under subsection (1A) are for the purposes of this Act (other than sections 71C to 71E) to be taken to be— s. 28 (a) the member contributions required to be paid under this Act; and (b) the member contributions that would have been payable if an election had not been made under subsection (1A). Note to s. 28(1C)(b) inserted by No. 37/2007 s. 29. Note The effect of paragraph (b) is that, for the purpose of calculating benefit entitlements, the member contributions are taken to be the member contributions that would have been payable if no election had been made.
S. 34(8) inserted by No. 61/2013 s. 20. (8) A revised scheme member who ceases employment after the commencement of section 20 of the Superannuation Legislation Amendment Act 2013 may at any time within the period of 6 years from the date on which they cease employment apply to the Board for the payment of a pension in accordance with this section. S. 34(9) inserted by No. 61/2013 s. 20. (9) For the purposes of subsection (8), a reference in this section to the retirement of the revised scheme member is to be construed as a reference to the revised scheme member ceasing employment. 35 Retirement or death after return from leave of absence s. 35 S. 35(1) substituted by No. 40/2010 s. 76(1). (1) This section applies to a revised scheme member who on or after the commencement of section 76 of the Superannuation Legislation Amendment Act 2010— (a) returns to duty after being on leave of absence without pay; and (b) retires on the ground of disability or dies. S. 35(1A) inserted by No. 40/2010 s. 76(1). (1A) The revised scheme member is entitled to benefits in accordance with this Act. S. 35(2) amended by No. 40/2010 s. 76(2). (2) If the revised scheme member made or was taken to have made an election under section 49(1)(a) the benefits payable are those appropriate to service benefits. S. 35(3) amended by No. 40/2010 s. 76(2). (3) If the revised scheme member made an election under section 49(1)(b) the benefits payable in respect of any increase in salary immediately on resuming duty are those appropriate to service benefits.
S. 41 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 5.12). 41 Partner of deceased revised scheme member under age 60 may convert whole of pension to a lump sum s. 41 S. 41(1) amended by No. 120/1994 s. 57(f)(ii). (1) A person— S. 41(1)(a) amended by Nos 120/1994 s. 57(f)(i), 27/2001 s. 5(Sch. 3 item 5.13), 73/2001 s. 5(3)(a). (a) entitled to a pension as the partner of a revised scheme member or former revised scheme member, or entitled to a pension under the Superannuation Act 1958 as a result of the death of a contributor or pensioner within the meaning of that Act (other than as a child of the contributor or pensioner); and S. 41(1)(b) amended by No. 73/2001 s. 5(3)(b). (b) who is under the age of 60 years at the date of death of the member, former member, contributor or pensioner— may within the period of 12 months immediately after the death elect in writing to convert his or her fortnightly pension entitlement to a lump sum payment equal to the annual pension entitlement of that person immediately prior to his or her election multiplied by 7. (2) A person who makes an election under subsection (1) is entitled to the lump sum payment on the day on which the election is made and the person's pension ceases to be payable on that day. S. 42 repealed by No. 120/1994 s. 57(g). * * * * *
S. 43 amended by Nos 120/1994 s. 57(h)(i)(ii), 4/1996 s. 110(1). 43 Payment on death of revised scheme member before retirement s. 43 S. 43(1) amended by Nos 27/2001 s. 5(Sch. 3 item 5.13), 94/2005 s. 41. (1) If on the death of a revised scheme member a pension is not payable to a partner under section 36 or 37 there is to be paid to his or her personal representative the actual amount contributed by him or her to the State Superannuation Fund and the Fund and interest at the rate which is the prescribed rate under section 46(1) less the amount certified by an actuary appointed by the Board as being necessary to pay any pension payable to his or her children. S. 43(2) amended by No. 120/1994 s. 57(i). (2) This section does not apply if a pension was payable under section 36 or 37 and has been wholly converted into a lump sum. 44 Retrenchment of revised scheme member (1) A revised scheme member who is retrenched is entitled— (a) to a lump sum payment of an amount equal to— ; or (b) to elect either to take a lump sum payment under paragraph (a) or a deferred pension equal to— — where N, YA, YP and C60 have the same meanings as in section 33(1) and C has the same meaning as in section 46(2). (2) If an election is not made under subsection (1)(b) the Board must determine the benefits to which the revised scheme member is entitled.
S. 52(4) inserted by No. 70/2003 s. 23. (4) If a payment or transfer to a non-member spouse is made for the purposes of Part VIIIB of the Commonwealth Family Law Act 1975 whether under Part 7A or otherwise, the maximum accrued retirement benefit of the member spouse must be adjusted by the Board in accordance with a methodology approved by the Minister, on the advice of an actuary appointed by the Board. 53 Benefit on death of new scheme member before retirement s. 53 S. 53(1) amended by No. 81/1988 s. 30(a), repealed by No. 120/1994 s. 57(l). * * * * * S. 53(2) amended by No. 27/2001 s. 5(Sch. 3 item 5.13). (2) A new scheme member may register the names of persons which he or she considers to be his or her dependants (other than a partner or child) with the Board for the purposes of this section. S. 53(2A) inserted by No. 40/2010 s. 85(1). (2A) Without limiting subsection (2), a new scheme member may register the name of a child (an adult child) of himself or herself or of his or her partner who— (a) has attained the age of 18 years; and (b) is a person with a disability as described in section 8(1) of the Disability Services Act 1986 of the Commonwealth; and (c) wholly or partially relies on the new scheme member for financial support. S. 53(2B) inserted by No. 40/2010 s. 85(1). (2B) A person who has not been registered under this section may lodge a claim in a form approved by the Board—
relevant condition of release means, a condition of release mentioned in item 101, 102, 103 or 106 of Schedule 1 to the Commonwealth Superannuation Industry (Supervision) Regulations 1994; reversionary interest has the meaning given by section 90MF of the Commonwealth Family Law Act 1975; S. 59AA(1) def. of RSA repealed by No. 40/2004 s. 28(5). * * * * * specified period means the period which is specified to be the specified period in the specified standards; splitting order means an order mentioned in section 90MT of the Commonwealth Family Law Act 1975; S. 59AA(1) def. of spouse inserted by No. 38/2009 s. 29(a). spouse has the meaning given by section 90MD of the Commonwealth Family Law Act 1975; S. 59AA(1) def. of agreement amended by No. 38/2009 s. 29(b). superannuation agreement has the meaning given by section 90MD of the Commonwealth Family Law Act 1975; s. 59AA 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
particular time of the non-member spouse's entitlement in respect of the superannuation interest less any payments previously made by the Board to the non-member spouse in accordance with this section. S. 59AD inserted by No. 70/2003 s. 24. 59AD Reduction of benefit or accrued benefit entitlement Despite anything to the contrary in this Act, if under section 59AC 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 or accrued benefit entitlement 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. 59AE inserted by No. 70/2003 s. 24. 59AE Board may provide additional information s. 59AE 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 Fund or the member spouse's benefit entitlements. S. 59AF inserted by No. 70/2003 s. 24. 59AF 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 Part. S. 59AG inserted by No. 70/2003 s. 24. 59AG Charging of fees (1) The Board may charge reasonable fees in respect of— (a) a payment split; (b) a payment flag;
S. 61(8)(b) substituted by Nos 40/2004 s. 28(6), 37/2007 s. 36. (b) have the lump sum rolled over or transferred within the superannuation system as nominated by the former revised scheme member. S. 61(8A) inserted by No. 95/2000 s. 6(7). (8A) The method of calculating the conversion under subsection (8) is to be determined by the Minister on the advice of an actuary appointed by the Board. S. 61(9) inserted by No. 110/1993 s. 80. (9) A revised scheme member who elects whether before or after the commencement of section 19 of the Superannuation (Occupational Superannuation Standards) Act 1992 to transfer under this section into the new scheme and is subsequently retrenched is entitled to receive a benefit calculated and payable under section 44 as if he or she had been retrenched on the date of transfer. S. 61(10) inserted by No. 110/1993 s. 80. (10) A revised scheme member who elects whether before or after the commencement of section 19 of the Superannuation (Occupational Superannuation Standards) Act 1992 to transfer to the Transport Superannuation Fund under section 4 of the Transport Superannuation Act 1988 and is subsequently retrenched is entitled to receive a benefit calculated and payable under section 44 as if he or she has been retrenched on the date of transfer. S. 61A inserted by No. 87/1992 s. 16. 61A Exempt officers s. 61A S. 61A(1) amended by No. 110/1993 s. 81(1). (1) A revised scheme member who becomes an exempt officer is entitled up to the date of becoming an exempt officer to a deferred pension calculated in accordance with the formula—
(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 (a) convert the entitlement to a present lump sum; and S. 69(4A)(b) substituted by Nos 40/2004 s. 28(9), 37/2007 s. 39. (b) have the lump sum rolled over or transferred within the superannuation system as nominated by the contributor. S. 69(4B) inserted by No. 95/2000 s. 6(9). (4B) 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. S. 69(5) inserted by No. 72/1990 s. 8, amended by No. 110/1993 s. 84(2). (5) If a person who is entitled to a deferred benefit under subsection (4) resigns, he or she may elect to receive instead of that deferred benefit— (a) a cash benefit equal to a refund of contributions and interest at the prescribed rate; and S. 69(5)(b) amended by No. 46/1998 s. 7(Sch. 1). (b) a deferred retirement benefit reduced by such amount as is determined by the Minister on the advice of an actuary. S. 69(6) inserted by No. 49/1992 s. 23(b), amended by No. 110/1993 s. 71(1). (6) The aggregate benefits of a contributor must not exceed 84 times the final average salary of the contributor. S. 69(6A) inserted by No. 70/2003 s. 25. (6A) For the purposes of subsection (6), if a payment or transfer to a non-member spouse is made for the purposes of Part VIIIB of the Commonwealth Family Law Act 1975 whether under Part 7A or otherwise, the aggregate benefits of the member
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.
the contributor has the right to require the Board to review its determination and obtain a further report from— S. 83(2)(a) amended by No. 23/1994 s. 118(Sch. 1 item 54.2). (a) a registered medical practitioner mutually agreed upon by the contributor and the Board; or S. 83(2)(b) amended by Nos 23/1994 s. 118(Sch. 1 item 54.2), 46/1998 s. 7(Sch. 1). (b) if the contributor and the Board do not agree, a registered medical practitioner appointed by the Minister. S. 83(3)–(5) repealed by No. 120/1994 s. 62(4)(b). * * * * * S. 83(6)(7) repealed by No. 64/1989 s. 36(4)(b). * * * * * S. 83A inserted by No. 120/1994 s. 63. 83A Temporary pensions s. 83A (1) If the Board determines that a contributor who has applied to retire on the grounds of disability may substantially recover from a recurring injury or illness, the Board may determine that he or she be given the pension to which he or she would have been entitled had he or she retired on the ground of disability for a limited period only of up to 2 years. (2) The Board may determine that any pension payable under this section is to be conditional upon the contributor undertaking an approved course of training or education or participating in any rehabilitation program at the expense of the Board.
S. 86(2) amended by No. 23/1994 s. 118(Sch. 1 item 54.4). (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. 87 amended by No. 110/1993 s. 89, repealed by No. 40/2010 s. 95. * * * * * S. 88 amended by Nos 81/1988 s. 33(o), 49/1992 s. 29(a)–(c), substituted by No. 70/2003 s. 28. 88 Assignment or charging of interest S. 88(1) amended by No. 37/2007 s. 40(1). s. 88 (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.
(b) any provisions of a relevant Commonwealth or Victorian law relating to S. 94(1E) inserted by No. 95/2000 s. 6(11). (1E) Without derogating from subsections (1A) and (1B), a transferred member who is entitled to a deferred benefit under section 94 or 95 may elect in writing to the Board to— (a) convert the entitlement to a present lump sum; and S. 94(1E)(b) substituted by Nos 40/2004 s. 28(10), 37/2007 s. 41(1). (b) have the lump sum rolled over or transferred within the superannuation system as nominated by the member. S. 94(1F) inserted by No. 95/2000 s. 6(11). (1F) The method of calculating the conversion under subsection (1E) is to be determined by the Minister on the advice of an actuary appointed by the Board. S. 94(1G) inserted by No. 70/2003 s. 30. (1G) Subsection (1A) is subject to the provisions of Part 7A. S. 94(1H) inserted by No. 70/2003 s. 30. (1H) For the purposes of subsection (1G), the provisions of Part 7A with such modifications as are necessary to make those provisions consistent with the governing instrument of the Melbourne Water Corporation Employees' Superannuation Fund are deemed to form part of the governing instrument of the Melbourne Water Corporation Employees' Superannuation Fund. s. 94 (2) With the approval of the Minister, the trustees of the Melbourne Water Corporation Employees' Superannuation Fund must enter into an agreement with the Board which specifies— (a) the liability of the Melbourne Water Corporation Employees' Superannuation Fund up to the date of transfer in respect of