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Version No. 082

State Employees Retirement Benefits Act 1979

No. 9363 of 1979

Version incorporating amendments as at1 July 2014

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Short title 12 Definitions 12A Declaration of eligible salary sacrifice contributors 15

PART III—CONTRIBUTIONS 19

20 Part-time and intermittent service 1921 Permanent employees to be members and contributors 2121A Provision as to continuity of membership 2421B Provision preventing re-calculation of benefits in certain cases 2621C Reduction of qualifying period for becoming a permanent

employee 2622 Circumstances in which a member will cease to be a

contributor 2722A Members of approved superannuation schemes 2823 Rate of contributions 3024 Contributions deducted from salary 3424A Eligible member account 4025 Payments to the Board 4225A Board to certify amount where employer fails to pay 4325B Interest on monies owing to Board 43

PART IV—PENSIONS AND BENEFITS 45

26 Definition of minimum wage 4527 Member to furnish personal statement to Board and to undergo

medical examination 4532 Submission of information and medical examination 4633 Entitlement to benefits 4634 Retrenchment 4834A Election by retrenched member 48

1

34AB Exempt officers 4834B Employer to pay into Fund 4934C Interest on money payable by employer 4935 Resignation 5036 Resignation on grounds of disability 5037 Resignation benefits 5038 Deferred retirement benefits 5239 Amount of lump sum and pension on retirement 5440 Calculation of benefit where less than 42 years employment 5541 Retirement between the ages of 60 and 65 years 6041A Pensioner may apply for reduced pension and lump sum

payment 6042 Conversion of part of pension entitlement to lump sum

payment entitlement 6143 Automatic adjustment of pensions 6243A Prescribed rate 6443B Registration of names of adult children 6444 Benefits for partner, children and adult children on death of

member before retirement 6545 Benefits for partner, children and adult children on death of

pensioner 6846 Board's discretion to determine qualifying partners 7147 Pension to child or adult child if no surviving partner 7248 Payments for children and adult children where partner dies 7349 Pension payable for life except in certain cases 7350 Pensions payable fortnightly 7451 Where pensioner re-employed by Crown pension may be

reduced 7451A Entitlement to pension 7652 Definition of partial disability pensioner 7753 Disability benefits 7754 Board to make determination as to entitlement to disability

benefits 7755 Disability benefit entitlements 7956 Board may review condition of recipient of disability benefits 8157 Payments at age 65 and on death before age 65 of a partial

disability pensioner 8258 Increase of benefits 8459 Discontinuance of benefits 8460 Where Board determines pensioner able to undertake

employment 8560A Disability pensioner retiring due to ill health 8662 Recipient of disability benefits not to make contributions 8763 Board to receive medical report when determining question

of disability 8863A Disclosure of contents of medical reports 8865 Minimum benefits 89

2

65A Commutation of pension not exceeding declared rate 9266 Amount of gratuity to be deducted 93

PART IVA—FAMILY LAW PROVISIONS 94

66AA Definitions 9466AB Accrued benefit multiple 9766AC Obligation on Board 9766AD Reduction of benefit or accrued benefit entitlement 10066AE Board may provide additional information 10166AF Commutation rights not affected 10166AG Charging of fees 101

PART V—GENERAL 103

66A Payment of benefits subject to specified standards 10367 Review of decisions of the Board 10368 Early release of benefits 10468A Permanent employees may be required to transfer etc.

assets etc. 10568B Information to be supplied 10568C Transfer of assets to Board 10668D Board to have power to deal with policies 10668E Board may pay administrator 10668F Board may open accounts etc. 10668G Member to receive amount in account on ceasing to be

employed 10768H On retirement balance of account additional to lump sum

entitlement 10769 Power of Board to acquire information about contributors

for purposes of administering the Act 10769A Continued application of member classification provisions 10870A Assignment or charging of interest 10970B Payment of benefits if person is incapable of managing

financial affairs 10971 Power to recover 11072 Regulations 11073 Specified standards 11274C Taxation on benefits 11474CA Surcharge debt account 11774CB Recovery of surcharge where person entitled to deferred

benefit 12074CC Commutation of pension to meet surcharge liability 12174D Payment of lump sum benefits 12275 Transfer to State Superannuation Fund or Transport

Superannuation Fund 12276 Provisions relating to certain water authorities 123

3

77 Provision relating to change of employment 12578 Provisions relating to transfer of assets and liabilities 126

_______________

SCHEDULE 1—Lump sum factors 127

SCHEDULE 2 128

═══════════════

ENDNOTES 129

1. General Information 129

2. Table of Amendments 130

3. Explanatory Details 139

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Version No. 082

State Employees Retirement Benefits Act 1979

No. 9363 of 1979

Version incorporating amendments as at1 July 2014

An Act to constitute a State Employees Retirement Benefits Board, to make Provision for the Administration by the Board of

a State Employees Retirement Benefits Fund and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

PART 1—PRELIMINARY

1 Short title

This Act may be cited as the State Employees Retirement Benefits Act 1979.

2 Definitions

(1) In this Act unless inconsistent with the context or subject-matter—

Actuary means a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister;

1

Pt 1 (Heading) inserted by No. 8/1999 s. 50(1)(a).

S. 1 amended by No. 10258 s. 10(a).

S. 2 amended by No. 81/1988 s. 22(2)(a).

S. 2(1) def. of Actuary substituted by Nos 10258 s. 10(b)(i), 4/1996 s. 91(1)(a).

adjusted final salary means—

(a) in relation to a member with less than 2 years of recognised service, an amount calculated in accordance with the formula—

AB

× 3651

where—

"A" is the aggregate salary paid to the member in respect of the member's period of recognised service;

"B" is the total number of days in that period;

(b) in relation to a member with 2 years or more of recognised service, an amount equal to one-half of the member's aggregate salary for the period of recognised service of 2 years ending on the member's last day of service—

and if the period of recognised service includes a period of leave without pay, there is deemed to have been payable to that member during that period of leave without pay, salary at the rate payable to the member immediately before the period of leave, or such higher salary as has been approved by the Board for the purposes of this section, but in no case shall the amount in relation to a person who was a member on 1 January 1994 be less than the member's salary on that date;

2

S. 2(1) def. of adjusted final salary amended by No. 9978 s. 2(a), substituted by No. 110/1993 s. 150(1).

s. 2

adult child has the same meaning as in section 43B(1);

Board means the Emergency Services Superannuation Board established under section 5 of the Emergency Services Superannuation Act 1986;

S. 2(1) def. of child inserted by No. 120/1994 s. 39(a), amended by No. 27/2001 s. 5(Sch. 3 item 4.1(b)).s. 2

child in relation to a person means a child of himself or herself or of his or her partner other than any child born more than 10 months after his or her death who is—

(a) under 18 years of age; or

(b) between the age of 18 and 25 years and in the opinion of the Board is a full-time student;

complying superannuation fund means a superannuation entity or a superannuation fund within the meaning of section 10 of the Commonwealth Superannuation Industry (Supervision) Act 1993 which is a complying superannuation fund or a complying approved deposit fund within the meaning of Part IX of the Commonwealth Income Tax Assessment Act 1936;

contract officer means—

3

S. 2(1) def. of adult child inserted by No. 40/2010 s. 45.

S. 2(1) def. of Board inserted by No. 120/1994 s. 43(1), repealed by No. 8/1999 s. 50(1)(b), new def. of Board inserted by 94/2005 s. 27(1)(a).

S. 2(1) def. of complying super-annuation fund inserted by No. 4/1996 s. 91(1)(b).

S. 2(1) def. of contract officer inserted by No. 87/1992 s. 17(1)(a) (as amended by No. 97/1993 s. 46(2)(a)), substituted by No. 120/1994 s. 41(1)(a), amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 186.1).

(a) an executive within the meaning of section 4(1) of the Public Administration Act 2004 employed under a contract of employment under that Act, other than an exempt officer; or

(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;

contributor means a member who is liable to make contributions under section 23;

S. 2(1) def. of disability inserted by No. 10258 s. 10(b)(ii), amended by Nos 49/1992 s. 79(1)(a), 23/1994 s. 118 (Sch. 1 item 53.1(a)), substituted by No. 120/1994 s. 40.s. 2

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;

domestic partner of a person means—

4

S. 2(1) def. of contributor substituted by No. 94/2005 s. 27(1)(b).

S. 2(1) def. of domestic partner inserted by No. 27/2001 s. 5(Sch. 3 item 4.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 57.1), amended by No. 4/2009 s. 37(Sch. 1 item 22.1).

(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);

eligible contribution means the Government co-contribution payable under the Superannuation (Government Co-contributions 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;

eligible member means a member who is a person in respect of whom a Government co-contribution is payable in accordance with section 6 of the Superannuation (Government Co-contributions for Low Income Earners) Act 2003 of the Commonwealth;

s. 2S. 2(1) def. of eligible member account inserted by No. 78/2004 s. 12.

eligible member account means the account established under section 24A;

eligible salary sacrifice contributor means a member in respect of whom a declaration is in force under section 2A;

5

S. 2(1) def. of eligible contribution inserted by No. 78/2004 s. 12.

S. 2(1) def. of eligible member inserted by No. 78/2004 s. 12.

S. 2(1) def. of eligible salary sacrifice contributor inserted by No. 40/2004 s. 21.

employee means1—

(a) any person in the service or employment of the Road Construction Authority other than—

(i) an officer within the meaning of the interpretation of Officer in section 3(1) of the State Superannuation Act 1988;

(ii) a person who declines or has declined to become an officer pursuant to that interpretation;

(b) any employee or person or class of employees or persons (other than Associates to Judges of the Supreme Court or Judges of the County Court) employed pursuant to the Public Administration Act 2004 other than—

(i) a person who is an officer within the meaning of the State Superannuation Act 1988; or

(ii) a member of a class of persons who are officers within the meaning of that Act;

(c) any person who is not an officer within the meaning of the State Superannuation Act 1988 who holds any office—

(i) under the Crown; or

6

S. 2(1) def. of employee amended by Nos 9400 s. 3(a), 9478 s. 2(a)(b), 9657 s. 2, 9921 s. 255, 9978 s. 3(1), 10258 s. 10(b)(iii)(A)–(D), 58/1987 s. 11(1)(a)(i)(A)–(D), 50/1988 s. 93(2)(Sch. 2 Pt 2 item 53) (as amended by No. 81/1988 s. 34(g)(h)), 87/1992 s. 17(1)(b) (as amended by No. 97/1993 s. 46(2)(a)), 50/1997 s. 11, 46/1998 s. 7(Sch. 1), 12/1999 s. 4(Sch. 2 item 12.1), 108/2004 s. 117(1) (Sch. 3 item 186.2).

s. 2

(ii) as a member or of a class of persons who are members or in the service or employment of any body created by or under any Act of Parliament—

to which person or office or class of persons the Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette declares that the provisions of this Act shall apply;

* * * * *

(e) any person who is not an officer within the meaning of the State Superannuation Act 1988 or any member of a class of persons who are not officers within the meaning of that Act in the service or employment of any body that the Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, declares to be a body to which this paragraph applies to which person or class of persons the Governor in Council on the recommendation of the Minister, by Order published in the Government Gazette declares that the provisions of this Act shall apply; or

(f) a person referred to in a preceding paragraph who as a result of a change of employment becomes a person referred to in—

(i) any other paragraph of this definition; or

7

s. 2

(ii) any paragraph of the definition of officer in section 3(1) of the State Superannuation Act 1988; or

(iii) any paragraph of the definition of employee in section 3(1) of the Transport Superannuation Act 1988—

but does not include an exempt officer;

employer means any person or any public statutory body constituted under the law of the State of Victoria who employs under a contract of employment an employee under this Act and includes any person or body approved for the purposes of section 33(3);

exempt officer means—

(a) an executive within the meaning of section 4(1) of the Public Administration Act 2004 employed under a contract of employment under the Act during any period that a certificate in writing issued under section 7(5) of the Superannuation (Public Sector) Act 1992 by the employer to the Board is in force; or

(b) a contract officer whose employer advises the Board in writing that the contract of employment under which the contract officer is employed provides that the contract officer is an exempt officer for the purposes of this Act;

expense allowance means an allowance payable periodically which is designated as an expense allowance or an expense of office allowance or is in fact an allowance which is granted to an employee in respect of

8

S. 2(1) def. of employer amended by No. 10258 s. 10(b)(iv).

S. 2(1) def. of exempt officerinserted by No. 87/1992 s. 17(1)(c) (as amended by No. 97/1993 s. 46(2)(a)), substituted by No. 120/1994 s. 41(1)(b), amended by Nos 46/1998s. 7(Sch. 1)), 108/2004 s. 117(1) (Sch. 3 item 186.3).

s. 2

S. 2(1) def. of expense allowance inserted by No. 10258 s. 10(b)(v).

expenses which are normally and properly incurred by the employee in carrying out his or her duties;

Fund means the Scheme established under section 15 of the Emergency Services Superannuation Act 1986;

* * * * *

ill health means a continuous or recurring impairment of the health of a member which is due to a physical or mental incapacity, bodily injury, illness or disease, which in the opinion of the Board—

(a) is not a disability; and

(b) is likely to be adversely affected if the member remains in his or her employment or returns to employment with the former employer; and

(c) does not preclude the member from seeking alternative employment; and

(d) has not been incurred or inflicted for the purpose of obtaining a benefit;

joining date means such day, not being a day earlier than the day the Order is made under this section, on which the provisions of this Act are expressed to apply to any officer, employee or person or class of officers, employees or persons by an Order;

9

S. 2(1) def. of Fund substituted by Nos 4/1996 s. 91(1)(c), 94/2005 s. 27(1)(c).

S. 2(1) def. of Government Actuary inserted by No. 10258 s. 10(b)(vi), repealed by No. 4/1996 s. 91(1)(d).

s. 2

S. 2(1) def. of ill health inserted by No. 102/1995 s. 18, amended by No. 4/1996 s. 91(2).

S. 2(1) def. of joining date inserted by No. 9400 s. 2.

Member includes contributor and former contributor;

* * * * *

partner of a person means the person's spouse or domestic partner;

pensioner means a person receiving or presently entitled to receive a pension under this Act;

S. 2(1) def. of permanent employee substituted by No. 9478 s. 2(c), amended by No. 9978 s. 2(b), substituted by No. 58/1987 s. 11(1)(a)(ii).s. 2

permanent employee means an employee who has been in the employment of an employer for a period of twelve months or such lesser period as may be specified by the employer;

prescribed means prescribed by this Act or by regulations made under this Act;

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);

10

S. 2(1) def. of occupational super-annuation standards inserted by No. 49/1992 s. 79(1)(b), repealed by No. 4/1996 s. 91(1)(d).

S. 2(1) def. of partner inserted by No. 27/2001 s. 5(Sch. 3 item 4.1(a)), substituted by No. 40/2010 s. 46(1).

S. 2(1) def. of pensioner inserted by No. 9978 s. 12(1).

S. 2(1) def. of registered medical practitioner inserted by No. 23/1994 s. 118(Sch. 1 item 53.1(b)), amended by No. 97/2005 s. 182(Sch. 4 item 47), substituted by No. 13/2010 s. 51(Sch. item 51).

resign means cease to be an employee before attaining the age of 55 years other than on account of disability, death or retrenchment;

s. 2S. 2(1) def. of RSA inserted by No. 40/2004 s. 20(1).

RSA means a retirement savings account within the meaning of the Commonwealth Retirement Savings Accounts Act 1997;

salary means the annual rate, computed as determined by the Board on the basis of a year, of pecuniary emoluments payable periodically and regularly to an employee for the performance of the duties of his grade of employment as such employee but does not include a recreation leave allowance or an expense allowance or payments for overtime or in the form of bonuses, or for travelling allowances or for incidental expenses or payments of a temporary character;

service means continuous service or employment as a permanent employee within the meaning of this Act and in relation to any qualifying period of service includes any service or employment on any permanent staff or in any office to which this Act relates in addition to service or employment as such a permanent employee;

11

S. 2(1) def. of resign inserted by No. 10258 s. 10(b)(vii).

S. 2(1) def. of salary amended by No. 10258 s. 10(b)(viii).

S. 2(1) def. of service amended by No. 9400 s. 3(b).

specified standards means standards specified under section 73;

spouse of a person means a person to whom the person is, or was at the time of the person's death, married;

State Superannuation Fund means the Superannuation Fund established under the Superannuation Act 1925 and continued under the State Superannuation Act 1988 as the State Superannuation Fund and as in existence immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005;

s. 2S. 2(1) def. of super-annuation system inserted by No. 37/2007 s. 18.

superannuation system has the same meaning as it has in regulation 5.01(1) of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth;

surchargeable contributions means the surchargeable contributions of a contributor for a particular financial year worked out in accordance with section 8 of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 and any regulations made under that section that apply in respect of that particular financial year;

s. 2

12

S. 2(1) def. of specified standards inserted by No. 4/1996 s. 91(1)(e).

s. 2

S. 2(1) def. of spouse inserted by No. 120/1994 s. 39(b), substituted by No. 27/2001 s. 5(Sch. 3 item 4.1(c)).

S. 2(1) def. of State Super-annuation Fund inserted by No. 94/2005 s. 27(1)(d).

S. 2(1) def. of surcharge-able contributions inserted by No. 29/2000 s. 12.

S. 2(1) def. of surcharge debt account inserted by No. 29/2000 s. 12.

surcharge debt account means, in relation to a person who is or has been a contributor, the surcharge debt account kept for that person (while he or she was a contributor) under section 74CA;

surcharge deduction amount means, in relation to a person—

(a) who is or has been a contributor; 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 74CA in relation to the person;

* * * * *

(2) A reference in this Act to periods of service or membership in years includes fractions for any completed months and days.

(3) For the purposes of the definition of salary in subsection (1)—

(a) in the case of a person referred to in paragraph (a) 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 employer to the Board; or

13

S. 2(1) def. of surcharge deduction amount inserted by No. 29/2000 s. 12.

S. 2(1) def. of Treasurer repealed by No. 46/1998 s. 7(Sch. 1).

S. 2(2) inserted by No. 81/1988 s. 22(2)(b), amended by No. 49/1992 s. 79(2).

s. 2

S. 2(3) inserted by No. 87/1992 s. 17(2) (as amended by No. 97/1993 s. 46(2)(b)), substituted by No. 120/1994 s. 41(2).

(b) subject to paragraph (c), 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 in that person's contract of employment and notified in writing by the employer to the Board; or

(c) if a person to whom paragraph (b) applies is a member of the Principal Class within the meaning of the Education and Training Reform Act 2006, the salary specified for the purposes of paragraph (b) must not exceed 823 percent of that person's remuneration package.

(4) For the purposes of the definition of salary in subsection (1), if a member's salary is reduced then, unless the officer agrees in writing that the reduced salary applies, salary means the greater of—

(a) the salary of the member immediately before the reduction; or

(b) the actual salary.

* * * * *

s. 2S. 2(5A) inserted by No. 70/2003 s. 12.

(5A) A person cannot become a member on or after the commencement of section 72 of the Public Sector Superannuation (Administration) Act 1993.

(6) For the purposes of the definition of domestic partner in subsection (1)—

14

S. 2(3)(b) amended by Nos 120/1994 s. 42(1)(2), 74/2000 s. 3(Sch. 1 item 115.1).

S. 2(3)(c) inserted by No. 120/1994 s. 42(2), amended by No. 24/2006 s. 6.1.2(Sch. 7 item 37.1).

S. 2(4) inserted by No. 87/1992 s. 17(2) (as amended by No. 97/1993 s. 46(2)(b)).

S. 2(5) inserted by No. 8/1999 s. 50(2), repealed by No. 94/2005 s. 27(2).

S. 2(6) inserted by No. 27/2001 s. 5(Sch. 3 item 4.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 57.2).

(a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and

(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.

(7) The definition of partner as substituted by section 46(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 within the meaning of section 3(1) of the Emergency Services Superannuation Act 1986 on or after the commencement of the substituting section.

2A Declaration of eligible salary sacrifice contributors

The Minister may by notice published in the Government Gazette declare—

(a) a member to be an eligible salary sacrifice contributor from the date specified in the notice; or

15

s. 2A

S. 2(6)(a) amended by No. 4/2009 s. 37(Sch. 1 item 22.2(a)).

S. 2(6)(b) amended by No. 4/2009 s. 37(Sch. 1 item 22.2(b)).

S. 2(7) inserted by No. 40/2010 s. 46(2).

S. 2A inserted by No. 40/2004 s. 22.

(b) a class of members to be eligible salary sacrifice contributors from the date specified in the notice.

_______________

16

s. 2A

* * * * *

* * * * *

* * * * *

* * * * *

Pt 1 (Heading) amended by No. 120/1994 s. 43(2), repealed by No. 8/1999 s. 50(1)(d).

S. 3 amended by No. 10258 s. 10(c)(i)(ii), repealed by No. 120/1994 s. 43(3).

s. 3

S. 3A inserted by No. 10258 s. 10(d), amended by Nos 49/1992 s. 80(1)(2), 4/1996 s. 92(1), 46/1998s. 7(Sch. 1), 84/1998 s. 41(1)(2), repealed by No. 8/1999 s. 50(1)(c).

Ss 4–11 repealed.

Part IV—Pensions and Benefits

State Employees Retirement Benefits Act 1979No. 9363 of 1979

17

* * * * *

* * * * *

s. 12Pt 2 (ss 18, 19) amended by Nos 10258 s. 10(i)(i)(ii), 49/1992 s. 83, 82/1996 s. 52, 46/1998 s. 7(Sch. 1), 8/1999 s. 50(1)(e), repealed by No. 94/2005 s. 28.

* * * * *

Pt 2 (Heading) repealed by No. 4/1996 s. 93.

Ss 12–17 repealed.



18

PART III—CONTRIBUTIONS

20 Part-time and intermittent services. 20

S. 20(1) amended by Nos 9978 s. 4(1), 10258 s. 10(j)(i).

(1) Subject to this section and section 21, this Act shall apply to and include a permanent employee who is employed on a basis which requires him to render—

(a) part-time service of at least fifteen hours in each week; or

(b) intermittent service of an average of at least fifteen hours in each week—

and who during the qualifying period of service for that person becoming a permanent employee rendered—

(c) in the case of a qualifying period of one year or more, an average service of at least 780 hours in each year; and

(d) in the case of a qualifying period of less than one year, service of at least the number of hours that bears to 780 the same proportion as the length of the qualifying period bears to one year2.

(2) Any such employee shall be liable to pay contributions under this Part at a rate that bears the same proportion to the rate at which an ordinary employee rendering comparable service would be required to make contributions as in the opinion of the Board the aggregate service that would be rendered by him in any year on the basis on which he is employed bears to the service that

S. 20(1)(a) inserted by No. 9978 s. 4(1).

S. 20(1)(b) inserted by No. 9978 s. 4(1).

S. 20(1)(c) inserted by No. 10258 s. 10(j)(i).

S. 20(1)(d) inserted by No. 10258 s. 10(j)(i).



19

would be rendered in any year by an ordinary employee.

(3) For the purpose of calculating benefits under this Act—

(a) the salary payable to any such member at any time shall be deemed to be the salary which would be payable at that time to an ordinary employee rendering comparable service; and

(b) any period of contributory service or prospective contributory service of any such member during which he is not an ordinary employee shall be reduced proportionally according to the basis on which he is employed;

S. 20(3)(c) amended by No. 10258 s. 10(j)(ii) (A)(B).s. 20

(c) prospective contributory service shall be calculated on the basis of the service of such member during the 3 years' service preceding the termination of his service or during that member's total service if that member's total service was less than 3 years.

(4) In this section ordinary employee means a permanent employee who is employed on a full-time basis throughout a year.

(5) A member who renders part-time or intermittent service shall not cease to be a member by reason only of his part-time or intermittent service being less than 15 hours in each week3.

(6) Any period of service by a person prior to the date on which contributions become payable by that person during which that person was employed on a basis which required that person to render—

(a) part-time service of less than fifteen hours in each week; or

S. 20(5) inserted by No. 9400 s. 5, amended by No. 9978 s. 4(2).

S. 20(6) inserted by No. 10258 s. 10(j)(iii).



20

(b) intermittent service of an average of less than fifteen hours in each week—

or any period of service preceding such a period of service shall not be taken into account for the purposes of section 40(2).

21 Permanent employees to be members and contributors

(1) This Part shall apply to or with respect to every permanent employee who—

(a) at the commencement of this Act or on the joining date was a permanent employee and who on or before 1 June 1980 or the day three months after the joining date (as the case requires) does not elect not to contribute in accordance with the provisions of this Act;

(b) becomes a permanent employee within a period of twelve months from the commencement of this Act or the joining date and who on or before a day three months from the day of becoming a permanent employee or on or before 1 June 1980 (whichever later occurs) does not elect not to contribute in accordance with the provisions of this Act;

(c) in the case of an employee within the meaning of paragraph (a), (b) or (c) of the interpretation of Employee in section 2, on or after 12 months after the commencement of this Act or the joining date becomes a permanent employee and has not at the time of becoming a permanent employee attained the age of 57 years;

s. 21

S. 21(1)(a) amended by No. 9400 s. 6(a)(b).

S. 21(1)(b) amended by No. 9400 s. 6(c)(d), substituted by No. 9478 s. 3(1), amended by No. 58/1987 s. 11(1)(c)(i).

S. 21(1)(c) amended by Nos 9400 s. 6(e) (as amended by No. 9549 s. 2(1)(Sch. item 213)), 9478 s. 3(2)(a).



21

* * * * *

(d) after the commencement of this Act or the joining date becomes a permanent employee at age 57 years or more and who notifies the Board in writing within six months of becoming a permanent employee that he wishes to contribute in accordance with the provisions of this Act—

and such permanent employees shall be members of the Fund and shall be deemed to be contributors for the purposes of the Act.

S. 21(1A) inserted by No. 9400 s. 7, substituted by No. 9478 s. 3(3).s. 21

(1A) The Board may upon application by a permanent employee and at its own discretion—

(a) extend the period of election for a person who at the commencement of this Act was a permanent employee for a period ending on a date specified by the Board, being a day not later than 1 April 1981;

(b) extend the period of election in respect of a person who becomes a permanent employee within a period of 12 months from the commencement of this Act for a period ending on a date specified by the Board, being a date not later than the day three months from the day of becoming a permanent employee or from 1 April 1981 (whichever last happens);

S. 21(1)(ca) inserted by No. 9478 s. 3(2)(b), repealed by No. 58/1987 s. 11(1)(c)(ii).

S. 21(1)(d) amended by No. 9400 s. 6(f) (as amended by No. 9549 s. 2(1)(Sch. item 213)).



22

(c) extend any other period of election specified in subsection (1) for a period of not more than six months—

and, where a period of election is so extended, may refund any contributions paid by him in respect of the period commencing on the date of commencement of this Act or the date of his becoming a permanent employee (whichever last happens) and ending on the day on which the period of election as so extended expires.

* * * * *

(2) Notwithstanding anything to the contrary in subsection (1), a permanent employee shall not, on or after the commencement of section 10(k)(ii) of the Superannuation Schemes Amendment Act 1985, become a member of the Fund if on the date on which the permanent employee became eligible to become a member of the Fund the permanent employee had attained the age of 75 years, unless otherwise permitted by Commonwealth superannuation law.

(2A) Notwithstanding anything to the contrary in subsection (1), a permanent employee who had elected not to contribute in accordance with the provisions of this Act and had subsequently ceased to be a permanent employee but who is employed again by an employer may elect, not later than one month after the date from which that permanent employee is required to commence paying contributions, not to contribute in accordance with the provisions of this Act.

S. 21(1B) inserted by No. 10258 s. 10(k)(i), repealed by No. 40/2010 s. 47(1).

S. 21(2) amended by No. 9400 s. 8(a)(b), substituted by No. 10258 s. 10(k)(ii), amended by No. 40/2010 s. 47(2).

S. 21(2A) inserted by No. 10258 s. 10(k)(ii).



23

(3) A person who was an employee with at least 12 months service who would have been a permanent employee at the commencement of the Act if his death or retirement had not occurred shall, where his death or retirement occurred on or after 1 January 1979 and before the commencement of the Act, be deemed to be a member as at the date of his death or retirement and to be a contributor who has contributed continuously under the Act during his completed years of continuous service and be entitled to benefits in accordance with the provisions of section 40(2).

(4) A permanent employee who has not made an election pursuant to paragraph (a) or (b) of subsection (1) and whose service terminates as a result of death or retirement during the period in which he may elect not to contribute pursuant to paragraph (a) or (b), shall be deemed to be a member and contributor at the date of such termination and be entitled to benefits in accordance with section 40(2).

21A Provision as to continuity of membership

(1) Where a member ceases to be a permanent employee but within six months thereafter becomes an employee, he shall, subject to subsection (3), be deemed to have again become a permanent employee on the date on which he is employed by the employer, and for the purpose of calculating benefits under this Act he shall be deemed to have commenced his service on that date.

s. 21

S. 21A inserted by No. 9478 s. 4.

s. 21A

S. 21A(1) amended by No. 10258 s. 10(l)(i).



24

(2) Notwithstanding anything in subsection (1), a permanent employee who is an employee within the meaning of one of the following provisions of this Act, namely—

(a) paragraph (b) of the interpretation of Employee in section 2;

(b) subparagraph (i) of paragraph (c) of the interpretation of Employee in section 2—

* * * * *

and becomes an employee within the meaning of any other provision of this Act mentioned in paragraph (a) or (b) shall not cease to be a permanent employee by reason only of the change in the terms of his employment.

(3) Where a member ceases to be a permanent employee but within six months thereafter becomes an employee and makes an election in accordance with this section, he shall be deemed to have continued to be a member while he was not a permanent employee, but shall not be liable to pay the contributions under this Act in respect of the period when he was not a permanent employee unless he has elected to contribute in accordance with section 22, and for the purpose of calculating benefits under this Act his service shall be deemed not to have terminated.

(4) A person who has ceased to be a permanent employee but who within six months thereafter is employed by an employer may within two months elect in writing to have the provisions of subsection (3) apply to him.

(5) An election made under subsection (4) shall be of no effect unless any benefits paid under

S. 21A(2) amended by No. 58/1987 s. 11(1)(d)(ii).

S. 21A(2)(c) repealed by No. 58/1987 s. 11(1)(d)(i).

S. 21A(3) amended by No. 10258 s. 10(l)(ii).

s. 21A

S. 21A(5) amended by No. 9978 s. 7(4).



25

section 34A or section 37 in consequence of the cessation of employment of that person as a permanent employee have been repaid to the Board.

(6) Where a person makes an election in accordance with this section, and would but for the election have been entitled to benefits under section 38, he shall be deemed never to have so been entitled.

21B Provision preventing re-calculation of benefits in certain cases

Subject to section 21A(3), any benefits paid or payable under this Act in respect of a member shall not be increased by reason of the making of an Order in Council under section 2 relating to any employee or employees of the employer by whom or by which the member was employed unless the joining date preceded the date upon which the member became entitled to the benefits.

21C Reduction of qualifying period for becoming a permanent employee

Notwithstanding anything in the interpretation of Permanent employee in section 2, where a person (not being a permanent employee) is an employee within the meaning of one of the following provisions of this Act, namely—

(a) paragraph (b) of the interpretation of Employee in section 2;

(b) subparagraph (i) of paragraph (c) of the interpretation of Employee in section 2—

S. 21B inserted by No. 9478 s. 4.

s. 21B

S. 21C inserted by No. 9478 s. 4, amended by No. 58/1987 s. 11(1)(e)(ii).



26

* * * * *

and immediately before he became such an employee he was an employee within the meaning of any other provision of this Act mentioned in paragraph (a) or (b) the qualifying period of service for his becoming a permanent employee shall be reduced by the continuous period during which he was employed in that former employment.

22 Circumstances in which a member will cease to be a contributor

(1) A member shall continue to be a contributor so long as and only so long as—

(a) he is a permanent employee; and

(b) he has not attained the age of 75 years.

(1A) Despite subsection (1)(b), a member may continue to be a contributor after he or she attains the age of 75 years if he or she is permitted to do so under Commonwealth superannuation law.

(2) Notwithstanding anything in paragraph (a) of subsection (1) where a person who is a contributor ceases to be a permanent employee but—

(a) accepts no benefits in respect of his so ceasing to be employed;

(b) is within two months or within such further period as is fixed by the Board in a particular case, again a permanent employee; and

(c) in respect of the time he is not a permanent employee pays to the Board contributions at

S. 21C(c) repealed by No. 58/1987 s. 11(e)(i).

s. 22

S. 22(1)(b) amended by No. 40/2010 s. 48(1).

S. 22(1A) inserted by No. 40/2010 s. 48(2).



27

three and one-half times the rate at which his contributions were last required to be deducted from his salary—

he shall be deemed to have continued to be a contributor while not a permanent employee.

(3) Notwithstanding anything in paragraph (a) of subsection (1), where a person who is a contributor ceases to be a permanent employee but—

(a) accepts no benefits in respect of his ceasing to be an employee;

(b) within two months after he ceases to be employed or within any further period fixed by the Board in his case for the purposes of paragraph (b) of subsection (2), dies or becomes disabled; and

(c) between the time when he ceases to be employed and the time when he dies or becomes disabled, pays to the Board contributions at three and one-half times the rate at which his contributions were last required to be deducted from his salary—

shall be deemed to have continued to be a member until he died or became disabled.

22A Members of approved superannuation schemes

(1) In this section scheme of superannuation has the same meaning as in Part V.

(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.

(3) Notwithstanding anything to the contrary in this Act—

S. 22A inserted by No. 10258 s. 10(m).

s. 22A

S. 22A(2) amended by No. 46/1998s. 7(Sch. 1).



28

(a) a permanent employee who wishes to become a member of an approved superannuation scheme may elect to cease to contribute in accordance with the provisions of this Act and, subject to subsection (7), shall on the day prior to becoming a member of the approved superannuation scheme be deemed to have ceased to be a permanent employee for the purposes of this Act; or

(b) an employee who is a member of an approved superannuation scheme may within 3 months prior to becoming a permanent employee elect not to contribute in accordance with the provisions of this Act and, subject to subsection (7), shall thereupon be deemed to have ceased to be an employee for the purposes of this Act.

(4) A member ceasing to be a permanent employee pursuant to subsection (3)(a) may elect to be entitled to—

(a) deferred retirement benefits payable under section 38; or

(b) benefits payable under section 37; or

(c) the transfer of the benefits payable under section 37 in respect of the member to the administrators, trustees or managers of the approved superannuation scheme to be held for the member's benefit.

(5) An election made under subsection (4) shall be of no effect unless it is made in writing within three months of the member ceasing to be a permanent employee or within one month of the Board notifying the member in writing of the right to make the election (whichever is the later).

(6) If a member receives a notice under subsection (5) but fails to make an election within the period of

s. 22APart IV—Pensions and Benefits


29

election specified in that subsection the member shall be regarded as having elected to receive a benefit in accordance with subsection (4)(b).

(7) Notwithstanding anything to the contrary in this Act, a member of an approved superannuation scheme shall not be entitled to contribute in accordance with the provisions of this Act while remaining a member of the approved superannuation scheme but shall, subject to this Act, on ceasing to be a member of the approved superannuation scheme again become an employee or permanent employee for the purposes of this Act.

23 Rate of contributionss. 23

S. 23(1) amended by No. 9657 s. 7(a).

(1) Subject to this section, the rate of contribution to the Fund by a contributor shall be three and one-half per centum of his salary when it does not exceed the minimum wage together with a sum equal to 005 per centum for each one per centum by which the weekly instalment of his salary exceeds the minimum wage.

(1A) A reference in subsection (1) to the salary of a contributor is a reference to—

(a) where the contributor was an employee on 1 March preceding the date on which he is liable to pay contributions—the salary payable to him as at that preceding 1 March; or

(b) where the contributor was not an employee on the preceding 1 March mentioned in paragraph (a)—the salary payable to him as at the date on which he became or becomes an employee.

S. 23(1A) inserted by No. 9657 s. 7(b).



30

(2) Subject to section 24, a contributor shall not be required to contribute at a rate exceeding five per centum of his salary to the Fund pursuant to subsection (1).

(2A) An eligible salary sacrifice contributor may by notice in writing to his or her employer elect to make his or her member contributions by way of salary sacrifice at the rate calculated to the nearest highest 01% in accordance with the following formula—

M1 − Rwhere—

M is the applicable member contribution rate in accordance with subsection (1) without salary sacrifice;

R is the tax rate for the financial year on taxable contributions to the Fund under the Commonwealth Income Tax Assessment Act 1936.

(2B) An election under subsection (2A)—

(a) can only be made if there is in force an agreement between the employer and the member under which the employer 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;

S. 23(2) amended by No. 81/1988 s. 19.

S. 23(2A) inserted by No. 40/2004 s. 23.

s. 23

S. 23(2B) inserted by No. 40/2004 s. 23.



31

(d) can not be made in respect of any contributions made by a member in addition to the member contributions required under subsection (1).

(2C) Member contributions made in accordance with the rate determined under subsection (2A) are for the purposes of this Act (other than sections 74CA to 74CC) to be taken to be—

(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 (2A).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.

(2D) An election under subsection (2A) does not affect the amount that would otherwise constitute the salary of the member for the purposes of this Act.

(3) The contributions which any member is making shall not be reduced by reason only of any increase in the minimum wage.

(4) The liability to make contributions shall cease when a member ceases to be a permanent employee or reaches the age of 75 years (whichever first happens).

(4A) Despite subsection (4), a 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. 23(5) inserted by No. 9400 s. 9.s. 23

S. 23(2C) inserted by No. 40/2004 s. 23.

Note to s. 23(2C)(b) inserted by No. 37/2007 s. 19.

S. 23(2D) inserted by No. 40/2004 s. 23.

s. 23

S. 23(4) amended by No. 40/2010 s. 49(1).




32

(5) Subject to subsection (6), the amount of contribution of the contributor shall be adjusted as at 1 March each year based on his salary as at that date and his contributions so adjusted shall be payable as from and inclusive of the first pay day on or after 1 May next following.

(6) Subject to subsection (7), where a contributor receives a reduced salary indefinitely or for a period of more than three months and the amount of contribution which he is required to pay becomes less than the amount of contribution that he was required to pay immediately before the reduction, he shall pay the lesser amount of contribution.

(7) If for any reason other than misconduct a contributor receives a reduced salary indefinitely and the amount of contribution that the contributor is required to pay becomes less than the amount of contribution that the contributor was required to pay immediately before the reduction in salary, the contributor may, within 3 months after the first pay day on which the contributor is paid at the reduced rate of salary, elect to continue to contribute the same amount of contribution that the contributor was required to pay immediately before the reduction in salary until by reason of an increase in the contributor's salary the contributor is required to pay more than that amount of contribution and the amount of any pension or benefit to which the contributor is entitled under this Act shall be computed having regard to the salary level according to which the contributor is contributing.

* * * * *

S. 23(6) inserted by No. 9400 s. 9, amended by No. 10258 s. 10(n)(i).

S. 23(7) inserted by No. 10258 s. 10(n)(ii).

S. 23(8) inserted by No. 49/1992 s. 84, repealed by No. 4/1996 s. 94.



33

24 Contributions deducted from salary

(1) The contributions of a member shall be deducted from his salary at each payment of salaries, and paid, without deduction for any purpose to the Board.

(2) The contributions of a permanent employee shall (except as otherwise provided in this Act) be payable on and from the first pay day after the commencement of his employment as a permanent employee or, where he becomes a permanent employee on a pay day, on and from that pay day.

(3) The contributions of a permanent employee who is a permanent employee at the commencement of the Act shall be payable on and from the first pay day on or after 1 July 1980 and the contributions of a permanent employee who is a permanent employee at a joining date shall be payable on and from the date four months after the joining date.

(4) The contributions of a permanent employee who becomes a member pursuant to section 21(1)(b) shall be payable on and from the first pay day occurring 4 months after the permanent employee becomes a permanent employee.

(4A) Where any arrears in the contributions of a member come to the notice of the Board and it appears to the Board that the arrears are due solely to the failure of the member's employer to comply with subsection (1), the Board shall send a notice to the member requiring that he make an election under subsection (4B).

(4B) Upon receipt by a member of a notice sent under subsection (4A), he shall within 30 days notify the Board that he elects to pay the whole or a part or none of the arrears.

s. 24

S. 24(3) amended by No. 9400 s. 10.

S. 24(4A) inserted by No. 9978 s. 6(1).

S. 24(4B) inserted by No. 9978 s. 6(1).



34

(4C) A member who fails to comply with subsection (4B) shall be regarded as having elected to pay none of the arrears.

S. 24(4D) inserted by No. 9978 s. 6(1).s. 24

(4D) Upon the making of an election under subsection (4B) the period of service in respect of which arrears are paid shall be taken into account as contributory service for the purpose of calculating benefits.

(4E) Where a member elects under subsection (4B) to pay the whole or a part of the arrears the Board may permit the arrears to be paid by him in such instalments and at such intervals as the Board approves taking into account the member's circumstances.

(5) Subject to subsection (6), a member who is absent on leave without pay on account of ill-health certified by a medical officer of the Board or with reduced pay shall pay his contributions during or in respect of the period of leave, as for a period of service, without reduction, but the Board may, on his application, permit the contributions falling due during his absence to be paid by him in such smaller sums, and at such periods, as the Board approves.

(5A) A member who is absent without pay on account of parental leave for a period of up to 12 months for each confinement is not required to pay contributions during or in respect of that period of leave.

(6) A member who is absent on leave without pay, otherwise than on account of ill-health certified by a medical officer of the Board or parental leave for a period of up to 12 months for each confinement, may in respect of the period of the leave elect—

S. 24(4C) inserted by No. 9978 s. 6(1).

S. 24(4E) inserted by No. 9978 s. 6(1).

S. 24(5) amended by No. 9657 s. 8(1)(a)(b).


S. 24(6) substituted by No. 9657 s. 8(2), amended by Nos 10258 s. 10(o)(i), 4/1996 s. 95(a), 37/2007 s. 20, 40/2010 s. 50(2).



35

(a) to pay no contributions under this Act;S. 24(6)(b) amended by No. 4/1996 s. 95(b).s. 24

(b) to pay contributions at half the rate of the contributions which would be payable by the member if he had not taken the leave and had continued to work at the salary payable to him on the date at which the leave commences or at such other rate as is first determined by an actuary after the commencement of section 95(b) of the Superannuation Acts (Amendment) Act 1996 and thereafter during an actuarial investigation under section 18 and which is specified in the actuary's report; or

(c) to pay contributions at three and one-half times the rate of contributions which would be payable by him if he had not taken the leave and had continued to work at the salary payable to him on the date on which the leave commences.

(6A) An election under subsection (6) is of no effect unless—

(a) it is made in writing; and

(b) it is made not later than one month from the date on which the leave commences; and

(c) it is accompanied by a sum equivalent to the total of all contributions payable throughout the period of the leave in accordance with the election, but the Board may on the application of that person permit the contributions payable in accordance with the

S. 24(6A) inserted by No. 9657 s. 8(2).

S. 24(6A)(a) amended by No. 49/1992 s. 85(a).

S. 24(6A)(c) amended by Nos 49/1992 s. 85(b), 4/1996 s. 92(2)(a).



36

election during his absence to be paid by him in such smaller sums and at such periods as the Board determines.

* * * * *

(6B) An election under subsection (6) shall be deemed to have taken effect on the date on which the leave commences.

(6C) A member who is absent on leave without pay, otherwise than on account of ill-health or parental leave for a period of up to 12 months for each confinement, and who does not before the expiration of one month from the date on which the leave commences make an election under subsection (6) shall for the purposes of this Act be regarded as having made an election under paragraph (a) of that subsection.

(6D) Where a person who makes or is deemed to have made an election under paragraph (a) of subsection (6) dies or becomes disabled more than one month after the leave commences but before the end of the leave, and the death or disability is not a death or disability to which subsection (6E) applies, benefits shall be payable under this Act to the persons who would but for the taking of the leave have been entitled to benefits on the death or disablement of the member and the benefits shall be calculated as though the member had voluntarily resigned from his employment on the date of his death or disablement.

(6E) Where—

(a) a person makes or is deemed to have made an election under paragraph (a) of

S. 24(6A)(d) inserted by No. 49/1992 s. 85(b), repealed by No. 4/1996 s. 92(2)(b).

s. 24

S. 24(6B) inserted by No. 9657 s. 8(2).

S. 24(6C) inserted by No. 9657 s. 8(2), amended by No. 40/2010 s. 50(3).

S. 24(6D) inserted by No. 9657 s. 8(2).

S. 24(6E) inserted by No. 9657 s. 8(2), amended by No. 10258 s. 10(o)(ii).



37

subsection (6) and more than one month after the leave commences but before the end of the period for which he was granted leave retires on the ground of disability or dies;

(b) the person applies for a benefit under this Act in consequence of his retirement on the ground of disability or the persons who would but for the taking of the leave have been entitled to benefits on the member's death apply for benefits under this Act in consequence of his death; and

(c) the Board considers that the major cause of his disability or death is an impairment which originated before the taking of the leave or during the period of one month after the date on which the leave commences—

benefits shall be payable to the person or persons under this Act in respect of the member's death or retirement on the ground of disability and, subject to section 55(6), the benefits shall be calculated as though the death or retirement of the member took place on the day the member commenced leave without pay.

(6F) Where a member makes an election under paragraph (b) of subsection (6) he shall have the same entitlements to benefits under this Act as he would have had if he had paid contributions at the rate which would have been payable by him if he had not taken the leave and had continued to work at the salary payable to him on the date on which the leave commences, but for the purpose of calculating those benefits the period of the leave shall not be taken into account when calculating the total period of his service.

(6G) Where a member makes an election under paragraph (c) of subsection (6), the period of the leave shall be taken into account when

s. 24

S. 24(6F) inserted by No. 9657 s. 8(2).

S. 24(6G) inserted by No. 9657 s. 8(2).



38

determining the period of the member's service for the purpose of calculating benefits under this Act.

(6H) If a member who has made an election under subsection (6)(b) resigns—

(a) during the period of leave; or

(b) before the expiration of 12 months after returning to duty from the leave of absence—

the contributions paid by the member in consequence of the election shall be disregarded in determining any amount refundable to the member under section 37.

(6J) If a member who has made an election under subsection (6)(c) resigns—

(a) during the period of leave; or

(b) before the expiration of 12 months after returning to duty from the leave of absence—

one-seventh of the contributions paid by the member in consequence of the election shall be disregarded in determining any amount refundable to the member under section 37.

(6K) If a member who has made an election under subsection (6)(c) subsequently is retrenched—

(a) two-sevenths of the contributions paid by the member in consequence of the election shall be taken into account in calculating benefit entitlements under this Act; and

(b) five-sevenths of the contributions paid by the member in consequence of the election shall be refunded to the member as an additional benefit.

S. 24(6H) inserted by No. 9657 s. 8(2), substituted by No. 10258 s. 10(o)(iii).

s. 24

S. 24(6J) inserted by No. 10258 s. 10(o)(iii).

S. 24(6K) inserted by No. 10258 S. 10(o)(iii).



39

(7) Where pursuant to section 21(1A) the Board has, on the application of a permanent employee, extended a period of election specified in section 21(1), the contributions of the employee shall be payable on and from the first pay day on or after the day one month after the last day of the period of election.

24A Eligible member account

(1) The Board must establish and maintain a separate eligible member account for each member who is an eligible member.

(2) The Board must credit to a member's eligible member account—

(a) eligible contributions received on behalf of, or from, the member; and

(b) interest on the amount in the account at the rate determined by the Board.

(3) The Board must debit to a member's eligible member account—

(a) any reasonable costs incurred in maintaining the account as determined by the Board; and

(b) any taxes payable in respect of the account; and

(c) any refund of overpaid or ineligible contributions required to be made to the Commissioner of Taxation under the Superannuation (Government Co-contributions for Low Income Earners) Act 2003 of the Commonwealth.

(4) The Board may for the purposes of subsection (2)(b) determine that it is appropriate in the circumstances to apply a negative interest rate.

S. 24(7) inserted by No. 9478 s. 5.




40

(5) If benefits become payable under this Act to or in respect of a person who has been a member, the Board must ensure that the person receives an additional benefit equal to the net balance of the member's eligible member account as at the date of the payment of the benefits.

(6) The net balance of the member's eligible member account as at the date of the payment of the benefits must be paid—

(a) as a lump sum; and

(b) in accordance with the specified standards.

(6A) A member may elect in writing to roll over, transfer or allot the net balance of the member's eligible member account within the superannuation system.

(7) Eligible contributions—

(a) do not constitute member contributions which are required to be paid under this Act;

(b) do not create a corresponding liability requiring the employer to make contributions to the Fund;

(c) must not be taken into account in the calculation of any benefits under this Act other than this section.

(8) A benefit paid in accordance with this section—

(a) does not affect the payment of any other benefits under this Act; and

(b) must not be taken into account in determining any minimum or maximum benefit entitlement under this Act.

25 Payments to the Board

S. 24A(6A) inserted by No. 38/2009s. 25.

s. 24A

S. 25 amended by Nos 9657 s. 9, 9978 s. 6(2), 58/1987 s. 11(1)(f), substituted by No. 49/1992 s. 86.

s. 25Part IV—Pensions and Benefits


41

(1) With the approval of the Minister the Board must determine the contributions to be paid to the Board by the employer of each member who is a contributor or the last employer of each pensioner or deceased member where as a result of the member's death the Board pays benefits to the deceased member's dependents.

(1A) Subsection (1) does not apply in respect of a member who has ceased making contributions because of section 23(4).

(2) Contributions under subsection (1) may be calculated—

(a) as a percentage of the salary of a member; or

(b) as a proportion of pensions being paid; or

(c) as a fixed amount; or

(d) by any combination of the method specified in paragraphs (a), (b) and (c).

(3) Contributions under subsection (1) are for the purpose of—

(a) paying benefits due to members in accordance with the Act after allowance is made for that proportion provided by member's contributions and interest; and

(b) meeting the costs of administering the Fund and the Act.

S. 25(1) amended by No. 46/1998s. 7(Sch. 1).

S. 25(1A) inserted by No. 84/1998s. 42.

S. 25(2)(c) substituted by No. 120/1994 s. 44.

S. 25(2)(d) inserted by No. 120/1994 s. 44.



42

(4) The Board must give each employer notice in writing of contributions fixed under subsection (1) at least one month before the contributions are to take effect.

(5) In this section, employer means—

(a) an employer within the meaning of the definition of employer in section 2(1); and

(b) any other person, authority or body declared by the Minister by notice published in the Government Gazette to be an employer in respect of a member specified in subsection (1) or of a pensioner or a beneficiary.

(6) The Minister may by notice published in the Government Gazette declare a class or classes of employer for the purposes of subsection (5).

25A Board to certify amount where employer fails to pay

(1) Where an employer fails to pay any amount payable to the Board under this Act the Board shall certify to the employer concerned the amount for which he is liable.

* * * * *

25B Interest on monies owing to Board

(1) All contributions deducted from the salary of a contributor pursuant to section 24 and all amounts which an employer is liable to pay to the Board pursuant to section 25 shall become payable to the Board at each payment of salary by the employer and shall be paid to the Board within 14 days of becoming payable.

(2) If an employer does not within 14 days after an amount has become payable pursuant to subsection (1) pay the whole amount to the Board

S. 25(5) inserted by No. 4/1996 s. 96.

S. 25(6) inserted by No. 4/1996 s. 96.


s. 25A

S. 25A(2) repealed by No. 9978 s. 6(3)(a).


S. 25B(2) amended by No. 4/1996 s. 97(1).



43

he shall, if the Board so demands, pay interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 on the amount remaining unpaid from the date on which it became payable until the date on which it is paid to the Board.

_______________

s. 25BPart IV—Pensions and Benefits


44

PART IV—PENSIONS AND BENEFITS

26 Definition of minimum wage

(1) In this Part and Part III, unless inconsistent with the context or subject-matter—

minimum wage means the sum of $144.80 together with such further amount as is from time to time declared under subsection (2) by Order of the Governor in Council published in the Government Gazette to be the amount by which the minimum wage payable to an adult person in Victoria has increased since 30 June 1981.

(2) The Governor in Council shall by Order published in the Government Gazette within 30 days after 1 December in each year declare the amount that in his opinion is the amount by which the minimum wage has increased between 30 June 1981 and 1 December then last past.

27 Member to furnish personal statement to Board and to undergo medical examination

Every member shall, unless exempted by the Board—

(a) furnish to the Board a personal statement verified in such manner as the Board may require with respect to his age, occupation, medical history, condition of health and such other matters as the Board considers necessary or expedient for the purposes of the Act; and

(b) undergo such examination by registered medical practitioners, nominated by the Board, as the Board may consider necessary or expedient for the purposes of the Act.

s. 26

S. 26(1) def. of minimum wage substituted by No. 9978 s. 8(a).

S. 26(2) amended by No. 9978 s. 8(b)(i)–(iii).

S. 27(b) amended by No. 23/1994 s. 118(Sch. 1 item 53.2).



45

* * * * *

* * * * *

* * * * *

32 Submission of information and medical examination

The Board may at any time and from time to time require any member to submit a personal statement or such information or to undergo such examinations by registered medical practitioners nominated by the Board as the Board considers necessary or expedient for the purposes of the Act.

33 Entitlement to benefits

(1) Every member shall be entitled to benefits on his retirement on or after attaining the age of 55 years.

(2) Subject to this Act upon the retirement of a member on the grounds of disability he shall be entitled to benefits.

(3) If a member resigns and is subsequently employed by a person or body approved by the Minister for the purposes of this subsection, the member may in lieu of then receiving benefits under this Act

S. 28 repealed by No. 40/2010 s. 51.

S. 29 amended by Nos 9400 s. 12, 10258 s. 10(p), 49/1992 s. 87, 23/1994 s. 118(Sch. 1 item 53.3), 94/2005 s. 29, repealed by No. 40/2010 s. 51.

Ss 30, 31 repealed by No. 40/2010 s. 51.

S. 32 amended by Nos 23/1994 s. 118(Sch. 1 item 53.4), 40/2010 s. 52.

s. 32

S. 33(1) amended by No. 10258 s. 9(a).

S. 33(3) inserted by No. 10258 s. 10(q), amended by No. 46/1998s. 7(Sch. 1).



46

authorize the Board to make arrangements for such contributions to the Board as are specified in the arrangements to be deducted from the member's salary and the Board, with the consent of the Minister, may make such arrangements and agree as to the amount of the benefit entitlements of the member under this Act, the conditions under which those entitlements will be payable and the amount to be paid by the employer to the Board in respect of those entitlements.

s. 33S. 33(4) inserted by No. 10258 s. 10(q), substituted by Nos 58/1987 s. 11(1)(g)(i), 81/1988 s. 20.

(4) A member who ceases to be an employee and within a period of 4 weeks resumes employment with an employer is not entitled to benefits on account of ceasing to be an employee within the meaning of this Act.

(5) The Board must notify in writing a member to whom subsection (4) applies of his or her right to make an election under subsection (6).

(6) Within one month of being notified by the Board the member must elect in writing to do one of the following—

(a) to continue to contribute in accordance with this Act;

(b) subject to section 75(2), to transfer to the State Superannuation Fund if eligible to do so;

(c) subject to section 75(2), to transfer to the Transport Superannuation Fund if eligible to do so.

S. 33(5) inserted by No. 10258 s. 10(q), amended by No. 58/1987 s. 11(1)(g)(ii), substituted by No. 81/1988 s. 20.

S. 33(6) inserted by No. 10258 s. 10(q), substituted by No. 81/1988 s. 20.



47

34 Retrenchment

For the purposes of this Act—

retrenchment means the termination of the service of a member who has not attained the age of 55 years in respect of whom the member's employer certifies in writing to the Board that the member has been retrenched for the purposes of this Act.

34A Election by retrenched member

A member who is retrenched may elect to receive—

(a) a lump sum equal to three and one-half times the total amount of contributions paid or payable by him to the State Superannuation Fund and the Fund;

(b) benefits payable under section 37; or

(c) deferred retirement benefits payable under section 38.

34AB Exempt officers

(1) A contributor who becomes an exempt officer is entitled up to the date of becoming an exempt officer to a deferred retirement benefit payable in accordance with section 38.

(2) A benefit under this section—

(a) must be indexed in accordance with section 43; and

(b) must be preserved and is payable in accordance with the specified standards.

(3) A member who is entitled to a deferred retirement benefit under subsection (1) may elect in writing to the Board to—

S. 34 amended by Nos 9978 s. 7(1)(a)–(c), 10258 ss 9(b), 10(r), 72/1990 s. 9, substituted by No. 87/1992 s. 18.

s. 34

S. 34A inserted by No. 9978 s. 7(2).

S. 34A(a) amended by No. 94/2005 s. 30.

S. 34AB inserted by No. 87/1992 s. 19.

S. 34AB(2)(b) amended by No. 4/1996 s. 98.

S. 34AB(3) inserted by No. 95/2000 s. 16(1).



48

(a) convert the entitlement to a present lump sum; and

(b) have the lump sum rolled over or transferred within the superannuation system as nominated by the member.

(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.

34B Employer to pay into Fund

Where a member who is retrenched elects to receive a lump sum under paragraph (a) of section 34A and does not subsequently make a repayment under subsection (5) of section 21A, the Board may require the employer to pay into the fund a sum determined actuarially representing the employer's liability in respect of the benefit so paid to the member.

34C Interest on money payable by employer

If an employer does not within 14 days after being required to do so by the Board under section 34B pay into the Fund the whole amount of the sum determined under that section as representing the employer's liability, the employer must, if the Board so demands, pay interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 on the amount remaining unpaid from the date on which payment of it was required by the Board until the date on which it is paid into the Fund.

35 Resignation

Voluntary termination of service (however expressed) by a member who is not then entitled

S. 34AB(3)(b) substituted by Nos 40/2004 s. 20(2), 37/2007 s. 21.

S. 34AB(4) inserted by No. 95/2000 s. 16(1).

S. 34B inserted by No. 9978 s. 7(2).

S. 34C inserted by No. 10258 s. 10(s), amended by No. 4/1996 s. 97(2).

s. 34Bs. 35Part IV—Pensions and Benefits


49

to benefits pursuant to this Part shall be deemed to be resignation.

36 Resignation on grounds of disability

Where a member resigns the Board shall not make any payments pursuant to this Part until the Board receives a statement in the form approved by the Board by or on behalf of the member as to whether the member claims to resign on the grounds of disability.

37 Resignation benefits

(1) If a member resigns he or she is entitled to—

(a) a cash benefit equal to the contributions paid by the member and interest at a rate specified by the Board and published in the Government Gazette less the cost of death and disability benefits as determined by the Board and Commonwealth charges; and

(b) a deferred benefit consisting of—

(i) a lump sum equal to 5 per cent of salary for each year of service in excess of 5 years; and

(ii) a pension equal to five-sixths of one per cent of salary for each year of service in excess of 5 years.

(1A) Deferred benefits calculated under subsection (1)(b) are to be—

(a) payable in accordance with section 38—as though they were a benefit payable under that section; and

(b) indexed in accordance with section 43.

(1B) A member who is entitled to a deferred retirement benefit under subsection (1)(b) may elect in writing to the Board to—

S. 36 amended by Nos 10258 s. 10(t), 40/2004 s. 24.

S. 37 amended by No. 10258 s. 10(u), substituted by No. 81/1988 s. 21.

S. 37(1)(b) substituted by No. 49/1992 s. 88.

S. 37(1A) inserted by No. 49/1992 s. 88.

S. 37(1B) inserted by No. 95/2000 s. 16(2).



50


S. 37(1B)(b) substituted by Nos 40/2004 s. 20(3), 37/2007 s. 22.s. 37


(1C) The method of calculating the conversion under subsection (1B) is to be determined by the Minister on the advice of an actuary appointed by the Board.

* * * * *

* * * * *

* * * * *

* * * * *

38 Deferred retirement benefits

S. 37(1C) inserted by No. 95/2000 s. 16(2).

S. 37(2) repealed by No 70/2013 s. 3(Sch.1 item 53).

S. 37(3)(4) inserted by No. 54/1993 s. 9, repealed by No. 40/2004 s. 25.

S. 37(5) inserted by No. 54/1993 s. 9, substituted by No. 4/1996 s. 99(1), repealed by No. 40/2004 s. 25.

S. 37A inserted by No. 10258 s. 10(v), repealed by No. 58/1987 s. 11(1)(h).



51

(1) Subject to subsections (2) and (3), a member may, within 3 months of resigning, elect to be entitled to deferred retirement benefits in accordance with the provisions of the Superannuation (Portability) Act 1989 in lieu of accepting any payments pursuant to section 37 as if the member had resigned in order to accept full time employment, within the terms of section 5 of that Act.

(2) Deferred retirement benefits are calculated and payable—

(a) on the member having attained the age of 55 years except for that part of the deferred benefit which is subject to the specified standards; or

(b) on the member retiring on the grounds of a disability approved by the Board for the purposes of this subsection—

whichever occurs first.

(2A) A member who is entitled to a deferred retirement benefit under subsection (1) may elect in writing to the Board to—


S. 38(1) amended by Nos 10258 ss 9(c)(i), 10(w)(i)(A)(B), 58/1987 s. 11(1)(i)(i)(A)(B), 81/1988 s. 22(1)(a), 120/1994 s. 52(a).

S. 38(2) amended by No. 10258 ss 9(c)(ii), 10(w)(ii), substituted by No. 58/1987 s. 11(1)(i)(ii), amended by No. 81/1988 s. 22(1)(b).

s. 38

S. 38(2)(a) amended by Nos 4/1996 s. 99(2), 94/2005 s. 31.




52


(2B) The method of calculating the conversion under subsection (2A) is to be determined by the Minister on the advice of an actuary appointed by the Board.

(3) On the death of a member entitled to deferred retirement benefits there shall be payable—

(a) to his partner during the life of the partner a pension of an amount equal to two-thirds of the deferred pension to which he would have been entitled if he had attained the age of 60 years on the date of his death together with the deferred lump sum and interest thereon to the date of death at a rate determined by the Board;

(b) in respect of any child of the deceased member, a pension calculated as though the member was a contributor at the date of his or her death; or

(c) to the personal representative of the deceased member if the deceased member left no partner or child to whom paragraph (a) or (b) applied, the deferred lump sum and interest thereon to the date of death at the rate specified by the Board under section 37.

S. 38(2A)(b) substituted by Nos 40/2004 s. 20(4), 37/2007 s. 23.


S. 38(3) amended by Nos 10258 ss 9(c)(iii), 10(w)(iii), 58/1987 s. 11(1)(i)(iii).

s. 38

S. 38(3)(a) amended by Nos 10258 s. 9(c)(iii), 27/2001 s. 5(Sch. 3 item 4.3).

S. 38(3)(b) amended by No. 10258 s. 10(w)(iii), substituted by No. 120/1994 s. 45.

S. 38(3)(c) inserted by No. 10258 s. 10(w)(iii), 27/2001 s. 5(Sch. 3 item 4.3).



53

(4) A person who resigns and under subsection (1) elects to be entitled to deferred retirement benefits may, within 6 months of resigning, cancel that election and that person shall thereupon be entitled to receive benefits payable under section 37.

39 Amount of lump sum and pension on retirements. 39

S. 39(1) amended by Nos 81/1988 s. 22(1)(c)(i)–(iii), 61/2013 s. 17(1).

(1) Subject to subsections (2), (2A) and (3), a member who at the time of his retirement is a contributor and has contributed continuously under the provisions of this Act for not less than 42 years of contributory service shall upon retirement at or after attaining 65 years be entitled to receive a lump sum equivalent to 42 times his adjusted final salary together with a pension equivalent to 35 per centum of such adjusted final salary.

(2) Benefits payable to a member who retires after the age of 75 years are to be calculated as though the member had retired on their 75th birthday, but interest is payable on the lump sum from the date of their 75th birthday until the date of the member's retirement at a rate determined actuarially.

(2A) Benefits payable to a member who retires after the permitted contributions age are to be calculated as though the member had retired on the date they attained the permitted contributions age, but interest is payable on the lump sum from the date they attained the permitted contributions age until the date of the member's retirement at a rate determined actuarially.

(2B) In subsection (2A), permitted contributions age means the age up to which Commonwealth

S. 38(4) inserted by No. 10258 s. 10(w)(iv).

S. 39(2) substituted by No. 61/2013 s. 17(2).





54

superannuation law permits contributions to be made on behalf of a member.

(3) Where a member retires at age 66 years or more the rate of pension shall be such higher rate as determined actuarially.

40 Calculation of benefit where less than 42 years employment

(1) A member who was a contributor and contributed continuously under this Act for less than 42 years of effective contributory employment shall upon retirement at, or after attaining the age of sixty years be entitled to proportionately reduced benefits which shall be calculated by multiplying the amount of the lump sum and of the pension which would have been payable to him if he had been a contributor under this Act for 42 years or more and contributed continuously by a fraction being—

(i)number of years of continuous service under the Act

42

(ii)1

42 —

whichever is the greater.

(1A) A member shall upon retirement at or after attaining the age of 55 years but before attaining the age of 60 years be entitled—

(a) to receive a lump sum calculated in

accordance with the formula LS60 × YA

YP , where—

LS60 represents the amount of the lump sum that would have been payable to the member if the member had continued to

S. 40 amended by No. 81/1988 s. 22(1)(d)(i).

S. 40(1) amended by No. 81/1988 s. 22(1)(d)(ii).

S. 40(1A) inserted by No. 10258 s. 9(d), amended by No. 81/1988 s. 22(1)(d)(iii)(iv).



55

be a contributor until attaining the age of 60 years and had then retired;

YA represents the period of contributory service of the member in years;

YP represents the period of contributory service in years which the member would have had if the member had continued to be a contributor until attaining the age of 60 years and had then retired or 42 years whichever is the lesser; and

(b) to receive a pension calculated in accordance

with the formula N × YA

YP× C60

CR where—

N represents the amount of the pension that would have been payable to the member if the member had continued to be a contributor until attaining the age of 60 years and had then retired;

YA and YP have the same meaning as in paragraph (a);

C60 represents the lump sum factor at age 60 as prescribed by Schedule 1;

CR represents the lump sum factor prescribed by Schedule 1 with respect to the age in years at which the member retires.

S. 40(2) substituted by No. 9400 s. 13(a), amended by Nos 9657 s. 11(1), 81/1988 s. 22(1)(d)(v)(vi).s. 40

(2) Entitlements under this Part shall be determined on the basis that a person is deemed to have been a continuous contributor for a period or an additional period equal to the number of years not exceeding 42—

s. 40

S. 40(1A)(b) amended by No. 95/2000 s. 14(a).



56

(a) for pension entitlements, the period (if any) approved by the Board ending on 1 July 1980 or the period prior to four months after the joining date or prior to the date on which contributions become payable pursuant to section 24(7) (as the case requires) during which he was a permanent employee in continuous employment including any period during which the member was a contributor to the State Superannuation Fund and in respect of which the member is not entitled to a deferred benefit; and

(b) for the lump sum entitlements, one-half of any such period—

and the number of such years shall be calculated by deducting the number of years of continuous service under subsection (1) from his total years of service as a permanent employee.

(2A) Service by an employee of—

(a) a school council, school committee or other governing body (by whatever name called) of a school or the principal or other person in charge of a school;

(b) an advisory council or other body (by whatever name called) performing advisory functions in connexion with a school; or

(c) any other organization or committee which employs persons at the school to perform work other than teaching work—

prior to the day of incorporation of a school council for the school pursuant to section 2.3.2 of the Education and Training Reform Act 2006 shall be deemed to be service as an employee and

S. 40(2)(a) amended by Nos 9978 s. 9(1), 10258 s. 10(x).

S. 40(2A) inserted by No. 9657 s. 11(2), substituted by No. 9752 s. 2, amended by Nos 81/1988 s. 22(1)(d)(vii), 24/2006 s. 6.1.2(Sch. 7 item 37.2).



57

shall be taken into account by the Board in calculating the number of years of continuous service of a member.

(3) For the purposes of this Part service shall be deemed to be continuous notwithstanding—

(a) the taking of any annual leave or long service leave;

(b) any absence from work of not more than 48 weeks in any year on account of illness or injury;

(c) any interruption or ending of the employment by the employer if such interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave;

(d) any interruption arising directly or indirectly from an industrial dispute;

(e) the dismissal of an employee if he is re-employed within a period not exceeding six months from the date of such dismissal;

(f) the standing down of an employee on account of slackness of trade;

(g) any absence from work of a woman for a period not exceeding twelve months in respect of any pregnancy;

(h) any other absence of the employee by leave of the employer, or on account of injury arising out of or in the course of his employment;

(i) the receipt by the member of a pension payable pursuant to section 55(1)(b).

(4) Any period of interruption of contribution payments to the Fund in excess of one month shall

s. 40

S. 40(3)(i) inserted by No. 58/1987 s. 11(1)(j).



58

not be taken into account in calculating benefit entitlements under this Act.

(4A) Notwithstanding subsection (4) any period in respect of which a member does not pay his contributions by reason of the operation of section 24(4A), (4B) or (4C) shall be taken into account in calculating benefit entitlements under this Act as if it were service as a permanent employee before he became a contributor.

(5) In determining entitlements under this Part where the period of contributory service, prospective or otherwise, of a person is in excess of 42 years, the Board shall calculate such entitlements on the basis of those 42 consecutive years which give the optimum benefits to that person.

(6) Subject to section 39, benefits payable to a member under this section shall not exceed a sum equivalent to three times his adjusted final salary together with a pension equivalent to 25 per centum of such adjusted final salary.

(7) 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 IVA or otherwise, the maximum accrued 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.

S. 40(4A) inserted by No. 9978 s. 6(3)(b).

S. 40(5) substituted by No. 9400 s. 13(b).

S. 40(7) inserted by No. 70/2003 s. 13.



59

41 Retirement between the ages of 60 and 65 years

Where a member at the time of his retirement is a contributor who has attained the age of 60 years and ceases to be a permanent employee before attaining the age of 65 years the pension he shall be entitled to receive under section 39 or 40 shall be multiplied by the factors in the following table:

Age Factor

60 95

61 96

62 97

63 98

64 99

41A Pensioner may apply for reduced pension and lump sum payment

(1) A pensioner may make application to the Board in the form approved by the Board, for the reduction of his pension and to receive a lump sum payment in consideration of the reduction of the pension.

(2) On receipt of such application the Board may require the pensioner to provide such other information as it determines.

(3) The Board may grant the application and reduce the pension in accordance with the terms and conditions from time to time approved by the Minister.

(4) The amount of lump sum payment made in consideration of the reduction in the pension shall be determined by the Board's actuary.

s. 41


S. 41A(1) amended by Nos 9978 s. 10, 58/1987 s. 11(1)(k), 94/2005 s. 32.

S. 41A(3) substituted by No. 10258 s. 10(y), amended by No. 46/1998s. 7(Sch. 1).



60

42 Conversion of part of pension entitlement to lump sum payment entitlement

(1) Notwithstanding anything in this Act but subject to this section the Board may determine that a pensioner who is receiving a pension under section 39, 40 or 41 may, within the period of three months immediately prior to his attaining the age of 70 years, or three months after retirement if he retires on or after the age of 70 years, may apply in writing to convert the whole or part of the fortnightly pension entitlement of the pensioner and of his or her partner following his or her death to an equivalent entitlement by way of a lump sum payment as determined by an actuary appointed by the Board.

s. 42S. 42(2) amended by Nos 10258 s. 10(z)(ii), 27/2001 s. 5(Sch. 3 item 4.4).

(2) Where a pensioner applies under subsection (1) and his application is approved by the Board he shall be entitled to the lump sum payment and the pension payable to the pensioner and to his or her partner shall thereupon be reduced by the amount of the pension entitlement converted to a lump sum.

* * * * *

(4) A pensioner shall not be entitled to make more than one application under this section.

S. 42(1) amended by Nos 10258 s. 10(z)(i)(A)–(C), 27/2001 s. 5(Sch. 3 item 4.4).

S. 42(3) repealed by No. 10258 s. 10(z)(iii).



61

43 Automatic adjustment of pensionss. 43

S. 43(1) amended by No. 49/1992 s. 89(a), substituted by Nos 110/1993 s. 151(1), 120/1994 s. 46(1).

(1) In this section—

consumer price index means the all groups price index for all capital cities in original terms published by the Australian Bureau of Statistics;

financial half year means a period of six months ending on 30 June or 31 December;

prescribed proportion in relation to a prescribed half year means—

where—

A is the consumer price index for the prescribed half year;

B is the consumer price index for the half year ended 30 June 1979 or the highest consumer price index for a financial half year after that date and before the prescribed half year, whichever is the higher;

S. 43(1) def. of consumer price index substituted by No. 44/2014 s. 33(Sch. item 26(1)).

S. 43(1) def. of prescribed proportion substituted by No. 44/2014 s. 33(Sch. item 26(2)).



62

prescribed half year means the half year ended 30 June 1979 and any subsequent half year ending on 30 June or 31 December in which the consumer price index is higher than the highest consumer price index in or since the half year ended 30 June 1979.

(1A) Where the prescribed proportion consists of or includes a fraction of a whole number, it is deemed to have been calculated in accordance with this section if it is calculated to the nearest one-hundredth part.

(2) Subject to subsection (4) in any prescribed half year, any pension to which a member or the partner or child or dependent person of a deceased member is entitled under this Part must—

(a) if it is then payable, be increased on the payment of the first instalment of pension in the month of June or December by an amount equal to one-sixth of the prescribed proportion of the pension that person is receiving under this Part for every whole month or part of a month during which he or she was entitled to the pension during the preceding financial half year; and

(b) if for any reason it is not then payable, be notionally so increased as if then payable.

* * * * *

(4) Where any increase pursuant to subsection (3) in any pension payable under this Part is likely to jeopardize the granting of any pension, allowance, subsidy, concession or similar benefit to the pensioner under any Act of the Commonwealth, the pensioner may request the Board in writing


S. 43(2) substituted by Nos 110/1993 s. 151(1), 120/1994 s. 46(1), amended by No. 27/2001 s. 5(Sch. 3 item 4.4).

S. 43(3) repealed by No. 110/1993 s. 151(1).



63

that his pension not be increased in accordance with the provisions of subsection (3), and may revoke such request at any time.

(5) The Board shall not, while in receipt of a request which is not revoked, increase such pension.

43A Prescribed rate

(1) In sections 44, 45 and 47 prescribed rate means

the sum arrived at by multiplying $650 by AB

where A is the consumer price index for the reference period in which falls the June quarter or the December quarter (whichever is the later) (whichever is the later) prior to the death of the pensioner or member and B is the consumer price index number for the quarter ended 30 June 1982.

(2) In this section consumer price index means the all groups consumer price index for All Capital Cities published by the Australian Bureau of Statistics.

43B Registration of names of adult children

(1) For the purposes of this Part, a member may register with the Board 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


s. 43A

S. 43A(1) amended by Nos 110/1993 s. 152(1), 120/1994 s. 46(2), 44/2014 s. 33(Sch. item 26(3)).

S. 43A(2) amended by Nos 49/1992 s. 89(b), 44/2014 s. 33(Sch. item 26(4)).

S. 43B inserted by No. 40/2010 s. 53.

S. 43B(1) amended by No. 29/2011 s. 3(Sch. 1 item 90).



64

(c) wholly or partially relies on the member for financial support.

(2) A person who is not registered under this section may lodge a claim in a form approved by the Board to be considered an adult child—

(a) on the death of a member; or

(b) if the person is a child of a deceased member, on the expiration of his or her child pension.

(3) In determining whether a registered person or claimant is an adult child, the Board must consider reports from at least 2 registered medical practitioners appointed by the Board as medical officers for the purposes of this Act.

(4) A determination under this section may be subject to regular reviews by the Board.

44 Benefits for partner, children and adult children on death of member before retirement

(1) On the death of a member before retirement, there shall be paid subject to section 28—

(a) to the partner of the deceased member during the life of the partner a pension of an amount equal to two-thirds of the pension which would have been payable on the deceased member attaining the age of 60 years if his adjusted final salary at the date of his death had been his adjusted final salary on that birthday and counting the years of service which would have been completed by that age;

S. 44 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 4.5), amended by No. 40/2010 s. 54(1).

s. 44

S. 44(1) amended by No. 9978 s. 14(1).

S. 44(1)(a) amended by Nos 110/1993 ss 150(2), 153(1), 27/2001 s. 5(Sch. 3 item 4.6).



65

(b) to the partner of the deceased member a lump sum equal to the lump sum which would have been payable on the deceased member attaining the age of 60 years if his adjusted final salary at the date of his death had been his adjusted final salary on that birthday and counting the years of service which would have been completed by that age;

S. 44(1)(c) substituted by No. 120/1994 s. 47(1), amended by No. 40/2010 s. 54(2).s. 44

(c) in respect of each of the children and adult children of the deceased member, a pension at the prescribed rate per annum4.

* * * * *

(3) On the death of a member after the age of 60 years the benefits shall be calculated as if he had retired immediately prior to the date of his death.

(4) Notwithstanding anything to the contrary in this Part, a person shall not be entitled—

(a) to receive at any one time more than one pension under this Act as the partner of a deceased member or pensioner (but any person who is entitled to a pension as the partner of more than one deceased member or pensioner shall be entitled to receive whichever of the pensions is the greater);

* * * * *

S. 44(1)(b) amended by Nos 110/1993 ss 150(2), 153(1), 27/2001 s. 5(Sch. 3 item 4.6).

S. 44(2) amended by No. 110/1993 s. 153(1), repealed by No. 40/2010 s. 55.

S. 44(3) amended by No. 110/1993 s. 153(1).

S. 44(4)(a) amended by Nos 49/1992 s. 90(a), 27/2001 s. 5(Sch. 3 item 4.6).

S. 44(4)(b) repealed by No. 49/1992 s. 90(a).



66

* * * * *

* * * * *

* * * * *

(8) On the death of a member before retirement who does not have a partner there shall be paid to his personal representative the lump sum which would have been payable on the deceased member attaining the age of 60 years if his adjusted final salary at the date of his death had been his adjusted final salary on that birthday and counting the years of service which would have been completed by that age.

(9) Despite the amendment of this section by section 153(1) of the Public Sector Superannuation (Administration) Act 1993, no benefit calculated under this section shall be less than the benefit that would have been payable had the member died before that section came into operation.

S. 44(5)(6) repealed by No. 49/1992 s. 90(c).

S. 44(7) amended by No. 9657 s. 13(1), repealed by No. 49/1992 s. 90(c).

s. 44

S. 44(7A) inserted by No. 9657 s. 13(2), repealed by No. 49/1992 s. 90(c).

S. 44(8) amended by Nos 110/1993 ss 150(2), 153(1), 120/1994 s. 47(2), 27/2001 s. 5(Sch. 3 item 4.6).

S. 44(9) inserted by No. 110/1993 s. 153(2).



67

45 Benefits for partner, children and adult children on death of pensioner

(1) On the death of a pensioner, there shall be payable—

(a) to the partner of the deceased pensioner if he or she became the partner of the deceased pensioner before the retirement of the deceased pensioner, during the life of the partner a pension equal to—

(i) two-thirds of the pension payable to the deceased pensioner at the time of his death; or

(ii) in the case of a deceased pensioner who has under section 41A or section 42 converted part of his pension entitlement to an equivalent entitlement by way of a lump sum payment, two-thirds of the pension that would have been payable to the deceased at the time of his death if he had not so converted part of his pension—

(whichever is the greater) together with a sum equal to the balance of any lump sum held in an account in the deceased pensioner's name in the Fund;

(b) in respect of each of the children and adult children of the deceased pensioner, a pension at the prescribed rate per annum5.

S. 45 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 4.7), amended by No. 40/2010 s. 56(1).

s. 45

S. 45(1)(a) substituted by No. 9978 s. 14(2) (as amended by No. 10087 s. 3(1)(Sch. 1 item 237)), amended by Nos 120/1994 s. 47(3), 27/2001 s. 5(Sch. 3 item 4.8).

S. 45(1)(b) amended by No. 9978 s. 14(3), substituted by No. 120/1994 s. 47(4), amended by No. 40/2010 s. 56(2).



68

(2) Notwithstanding anything to the contrary in this Part, a person shall not be entitled—

(a) to receive at any one time more than one pension under this Act as the partner of a deceased member or pensioner (but any person who is entitled to a pension as the partner of more than one deceased member or pensioner shall be entitled to receive whichever of the pensions is the greater);

* * * * *

(3) Despite anything to the contrary in this Part, only one pension is payable in the case of the death of a deceased member or pensioner to a partner and if after the Board has made reasonable enquiries more than one person should appear to the Board to qualify for that pension then—

(a) if the member or pensioner has by request in writing to the Board directed that the pension be paid wholly to one of the persons qualified to receive it or that each is to be paid part, the Board must give effect to the expressed intentions;

(b) if paragraph (a) does not apply, the Board must determine in accordance with section 46 which of the persons who qualifies is to receive the pension or apportion it between them as the Board considers appropriate.

* * * * *

S. 45(2)(a) amended by Nos 49/1992 s. 90(b), 27/2001 s. 5(Sch. 3 item 4.8).

S. 45(2)(b) repealed by No. 49/1992 s. 90(b).

s. 45

S. 45(3) repealed by No. 49/1992 s. 90(c), new s. 45(3) inserted by No. 120/1994 s. 47(5), amended by No. 27/2001 s. 5(Sch. 3 item 4.8).

S. 45(3)(b) amended by No. 40/2010 s. 56(3).

S. 45(4) repealed by No. 49/1992 s. 90(c).



69

* * * * *

* * * * *

(6) If a person becomes the partner of a pensioner after the pensioner's retirement, a pension is not payable to the partner on the death of the pensioner unless—

(a) at the time that the person became the pensioner's partner, the pensioner was receiving or entitled to receive a disability retirement pension; or

(b) the person became the pensioner's partner at least 3 years before the pensioner's death.

* * * * *

S. 45(5) amended by No. 9657 s. 13(3), repealed by No. 49/1992 s. 90(c).

S. 45(5A) inserted by No. 9657 s. 13(4), repealed by No. 49/1992 s. 90(c).

s. 45

S. 45(6) amended by No. 9978 s. 12(2)(a)(b), substituted by No. 120/1994 s. 47(6), amended by No. 27/2001 s. 5(Sch. 3 item 4.8).

S. 45(6)(a) amended by Nos 27/2001 s. 5(Sch. 3 item 4.8), 40/2010 s. 56(4).

S. 45(6)(b) amended by No. 27/2001 s. 5(Sch. 3 item 4.8).

S. 45(7) amended by Nos 9400 s. 14, 10258 s. 10(za)(i)(ii), 120/1994 s. 47(7)(a), 27/2001 s. 5(Sch. 3 item 4.8), repealed by No. 40/2010 s. 57.



70

(8) A person who becomes the partner of a pensioner after the retirement of the pensioner shall not be entitled to receive at the same time a pension as a surviving partner and as a former member, but so long as the partner would but for this subsection be entitled to both such pensions, the partner shall be entitled to receive whichever of the pensions is the greater.

(9) On the death of a pensioner who does not have a partner there shall be paid to his personal representative the balance of any lump sum held in an account in the deceased pensioner's name in the Fund.

46 Board's discretion to determine qualifying partners

(1) In making a determination under section 45(3)(b), the Board must consider all of the circumstances of the relationship between the deceased member or pensioner and each person who may qualify for a pension as a partner or former partner of the deceased member or pensioner, including, if applicable—

(a) the period of time for which that person was in a relationship with the member or pensioner;

(b) the period of time since the relationship between that person and the member or pensioner ended;

(c) the financial dependency of that person on the member or pensioner at the date of death of the member or pensioner;

(d) whether that person has any dependent children from his or her relationship with the member or pensioner;

(e) any submissions made by that person to the Board under subsection (2);

S. 45(8) amended by Nos 120/1994 s. 47(7)(b), 27/2001 s. 5(Sch. 3 item 4.8).

S. 45(9) amended by Nos 120/1994 s. 47(7)(c), 27/2001 s. 5(Sch. 3 item 4.8).

S. 46 amended by Nos 9657 s. 14, 10155 s. 81(1)(a)–(e), 10258 s. 10(zb), 81/1988 s. 22(1)(e)(i)–(iii), repealed by No. 120/1994 s. 48, new s. 46 inserted by No. 40/2010 s. 58.



71

(f) any other factor that the Board considers relevant.

(2) A person who was the partner of the deceased member or pensioner may make written submissions to the Board as to his or her eligibility for a pension as a partner or former partner of the deceased member or pensioner.

47 Pension to child or adult child if no surviving partner6

If on the death of a member or pensioner—

(a) a pension is payable in respect of a child or adult child under section 44 or 45; and

(b) no other person is entitled to a benefit under section 44(1)(a), 44(1)(b) or 45(1)(a)—

there is to be paid to such person as the Board directs on behalf of the child or adult child in addition to the pension under section 44 or 45 a pension at the prescribed rate per annum.

S. 47 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 4.9), amended by No. 40/2010 s. 59(1).S. 47 substituted by Nos 9657 s. 15, 9978 s. 14(4) (as amended by No. 10087 s. 3(1)(Sch. 1 item 238)), amended by No. 10258 s. 10(zc)(i)(ii), substituted by No. 120/1994 s. 49, amended by No. 40/2010 s. 59(2).

s. 47

S. 47(a) amended by No. 40/2010 s. 59(2).



72

48 Payments for children and adult children where partner dies

Where a pension in respect of any children or adult children is payable under this Part to a partner, the pension shall if the partner dies be payable to such person or persons as the Board directs on behalf of and for the benefit of the children or adult children and shall be at the rate of $1300 per annum.

49 Pension payable for life except in certain cases

(1) Except where otherwise provided in this Act a pension shall be payable during the life of the person entitled thereto.

(2) A pension in respect of a child is payable until the end of the fortnightly pay period in which—

(a) the child ceases to be a child; or

(b) dies—

whichever is the earlier.

(3) The Board may at any time require such evidence as it thinks fit in order to decide whether or not a child is a full-time student.

(3A) A pension in respect of an adult child is payable until the end of the fortnightly pay period in which—

(a) the Board ceases to be satisfied that he or she is an adult child; or

(b) he or she dies—

whichever is the earlier.

S. 48 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 4.10), amended by No. 40/2010 s. 60(1).S. 48 amended by No. 27/2001 s. 5(Sch. 3 item 4.11) , amended by No. 40/2010 s. 60(2).

s. 48

S. 49 (Heading) inserted by No. 40/2010 s. 61(1).

S. 49(2) substituted by No. 120/1994 s. 50.




73

(4) Notwithstanding anything in this Act any money payable out of the Fund in respect of a child or adult child may, at the discretion of the Board, be paid to such person as the Board directs on behalf of and for the benefit of the child or adult child or expended by the Board for the benefit of the child or adult child.

50 Pensions payable fortnightly

(1) Subject to subsection (3) pensions shall be payable in fortnightly instalments.

(2) In order to ascertain the amount of an instalment of a pension covering a period of a fortnight the annual pension shall be divided by 26.

(3) Pensions in respect of student children or of an amount being less than 15 per centum of the minimum wage may be paid quarterly in arrears.

51 Where pensioner re-employed by Crown pension may be reduced

(1) Despite anything to the contrary in this Act, any pension payable under this Act (other than a disability pension) to a pensioner who continues to be an employee and who is—

(a) employed in the service of the Crown; or

* * * * *

must be reduced by the amount (if any) by which the sum of the remuneration that the pensioner is entitled to receive in respect of his or her employment in the service of the Crown and any pension otherwise payable to the pensioner under this Act (other than a disability pension) exceeds

S. 49(4) amended by No. 40/2010 s. 61(3).

s. 50

S. 51(1) substituted by No. 58/1987 s. 10(a)(i), amended by Nos 64/1989 s. 36(3)(a)(ii), 4/1996 s. 100(1)(a)(b).

S. 51(1)(b) repealed by No. 64/1989 s. 36(3)(a)(i).



74

95 per centum of the current equivalent of the salary on retirement of the pensioner.

* * * * *


current equivalent of the salary on retirement in relation to a pensioner means such salary as the Board from time to time determines as, having regard to general increases in salary that have occurred since the retirement of the pensioner, being equivalent at any relevant time to the salary that was payable to the pensioner immediately prior to his retirement;

employed in the service of the Crown in relation to a pensioner means a person employed under a contract of service—

(a) by the Crown whether or not exempt from the operation of the Public Administration Act 2004, the Education and Training Reform Act 2006 or otherwise; or

(b) by any body created by or under any Act of Parliament; or

(c) by any other body that the Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, declares to be a body to which this paragraph applies—

whether the contract relates to permanent temporary casual full-time part-time or other type of employment.

S. 51(1A) inserted by No. 58/1987 s. 10(a)(i), repealed by No. 64/1989 s. 36(3)(b).

s. 51

S. 51(2) def. of employed in the service of the Crown amended by Nos 10258 s. 10(zd), 58/1987 s. 10(a)(ii)(A)(B), 120/1994 s. 52(b), 46/1998s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 186.4), 24/2006 s. 6.1.2(Sch. 7 item 37.3).



75

(3) This section does not apply to the payment of a pension to a pensioner who is in receipt of a pension under section 44 or section 45.

51A Entitlement to pension

s. 51AS. 51A(1) amended by No. 94/2005 s. 33(1).

(1) The entitlement of a former member to receive a pension under this Act ceases if any part of any entitlement under this Act or membership of the State Superannuation Fund and 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 Board.

(2) The Board 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 Act.

(3) The Board is released from any liability to make any further payments to, or in respect of, any entitlement of the former member or of any of his or her dependants.

(4) The entitlement of a former member to receive a pension under this Act does not cease if the entitlement under this Act or membership of the State Superannuation Fund and the Fund is not recognised as entitlement towards any benefit in a complying superannuation fund.


S. 51A(4) amended by No. 94/2005 s. 33(2).



76

52 Definition of partial disability pensioner

In this Part unless inconsistent with the context or subject-matter—

* * * * *

partial disability pensioner means a pensioner entitled to disability benefits whose benefits the Board has determined to reduce under section 56.

53 Disability benefits

(1) Subject to this Part, where a member retires before he attains the age of 60 years with the consent of the Board on the ground of disability he is entitled, on such retirement, to disability benefits in accordance with this Part.

(2) A member who ceases employment after the commencement of section 18 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 disability benefits in accordance with this Part.

54 Board to make determination as to entitlement to disability benefits

(1) Where a member applies to the Board to retire on the grounds of disability or under section 53(2), the Board shall in its absolute discretion make a determination as follows—

S. 52 def. of disability repealed by No. 10258 s. 10(ze).

S. 53 amended by No. 61/2013 s. 18 (ILA s. 39B(1)).

s. 52

S. 53(2) inserted by No. 61/2013 s. 18.

S. 54(1) amended by Nos 10258 s. 10(zf), 82/1996 s. 53(a), 61/2013 s. 19.



77

(a) refuse to grant an entitlement to disability benefits where the Board decides that the member is not suffering from a disability;

(b) grant temporary benefit payments for a period not exceeding six months, where in the opinion of the Board the member's health might vary substantially in that period; or

(c) grant an entitlement to full disability benefits.

(2) The Board may in its absolute discretion grant further temporary benefit payments for a period not exceeding six months in addition to that granted under paragraph (b) of subsection (1).

(3) A temporary benefit payment granted under subsection (1)(b) or subsection (2) shall be payable fortnightly at a rate equal to one half of the salary of the member immediately prior to the determination.

(4) During or immediately after any period granted pursuant to subsection (1)(b) or (2) the Board shall make a determination whether the member is or is not disabled.

s. 54S. 54(5) amended by No. 82/1996 s. 53(f)(g).

(5) Where the Board is satisfied that the member is not disabled and refuses to return to his or her employer before the expiration of 14 days after the Board advises him of the determination of the Board, the member shall not be entitled to disability benefits and shall be deemed to have

S. 54(1)(a) amended by No. 82/1996 s. 53(b).S. 54(1)(b) amended by Nos 9978 s. 11(a), 82/1996 s. 53(c).

S. 54(1)(c) amended by No. 40/2010 s. 62.

S. 54(2) amended by Nos 9978 s. 11(b), 82/1996 s. 53(c).

S. 54(3) substituted by No. 9978 s. 11(c), amended by Nos 82/1996 s. 53(c), 74/2000 s. 3(Sch. 1 item 115.2).

S. 54(4) amended by No. 82/1996 s. 53(d)(e).



78

resigned as at the date of the determination made under subsection (1)(a) or (4).

55 Disability benefit entitlements

(1) Subject to section 28 a member who is entitled to disability benefits is entitled to—

(a) a lump sum equal to the lump sum which would have been payable pursuant to this Part if he had died on the day on which he was retired which shall be credited to an account which shall be opened in the member's name in the Fund;

(b) the pension which would have been payable on the member attaining the age of 60 years if his adjusted final salary at the date of his retirement had been his adjusted final salary on that birthday and counting the years of service which would have been completed by that age.

s. 55S. 55(1A) inserted by No. 81/1988 s. 23, repealed by No. 64/1989 s. 36(3)(c).

* * * * *

(2) The Board must pay from a beneficiary's account established pursuant to subsection (1)(a) to the beneficiary or to such other person as the Board thinks fit on behalf of the beneficiary such instalments or a single payment as may be decided by the Board.

(2A) The balance of a beneficiary's account accrues interest (compounded on 1 July each year) at rates that are determined by the Board having regard to the investment earnings of the Fund.

s. 55

S. 55(1)(b) amended by No. 110/1993 ss 150(2), 153(1).

S. 55(2) amended by No. 9657 s. 16, substituted by No. 58/1987 s. 10(b)(i), amended by No. 64/1989 s. 36(3)(d).S. 55(2A) inserted by No. 58/1987 s. 10(b)(i).



79

(2B) The total amounts payable to a beneficiary from a beneficiary's account (excluding payments under subsection (2)) shall not be less than 10 per centum of the current equivalent of the salary on retirement of the beneficiary (within the meaning of section 51) for each complete year during which contributions have been paid, not exceeding 30.

S. 55(3) amended by No. 58/1987 s. 10(b)(ii), substituted by No. 27/2001 s. 5(Sch. 3 item 4.12).s. 55

(3) The Board must pay the balance of a beneficiary's account—

(a) to the member when the member attains the age of 60 years; or

(b) if the member dies sooner—on the member's death to the member's partner or, if the member does not leave a partner, to the member's personal representative.

* * * * *

(4) Any pension shall, subject to this Part, be payable until the person receiving it dies.

(5) Notwithstanding anything in this Act, a pension payable pursuant to paragraph (b) of subsection (1) shall be paid from such date (not being later than the date of the retirement of the member) as the Board in its discretion determines.

S. 55(2B) inserted by No. 58/1987 s. 10(b)(i).

S. 55(3)(a) amended by No. 40/2010 s. 63.

S. 55(3A) inserted by No. 58/1987 s. 10(b)(iii), repealed by No. 64/1989 s. 36(3)(e).

S. 55(5) inserted by No. 10258 s. 10(zg).



80

(6) Where a member who is entitled to disability benefits was before retiring absent from duty on the ground of disability and the member's entitlement to paid leave expired before the date of the member's retirement, the member may, notwithstanding subsection (5), at the date of the member's retirement elect to—

(a) receive benefits calculated from the date on which the member ceased to be entitled to paid leave at the rate applicable to the member's salary at that date; or

(b) receive benefits at the rate applicable to the member's salary at the date of the member's retirement.

(7) If a member elects to receive benefits under paragraph (a) of subsection (6), the member is entitled to a refund of any contributions made by the member after the date on which the member's entitlement to paid leave expired.

(8) Despite the amendment of this section by section 153(1) of the Public Sector Superannuation (Administration) Act 1993, no benefit calculated under this section shall be less than the benefit that would have been payable had the member become entitled to disability benefits before that section came into operation.

56 Board may review condition of recipient of disability benefits

(1) The Board may at any time review the question as to whether a member receiving disability benefits still suffers from a disability and, if it so determines, review the extent of disability.

(2) If the Board determines that a member is gainfully employed it may—

(a) reduce benefits; or


s. 56


S. 55(8) inserted by No. 110/1993 s. 153(3).

S. 56(2) substituted by No. 10258 s. 10(zh)(i).



81

(b) suspend benefits; or

(c) cancel benefits.

(2A) For the purposes of this section a member is to be taken as gainfully employed if the member is receiving remuneration that is derived wholly or partly from labour provided by the member whether under a contract of service or otherwise.

* * * * *

(4) A determination to reduce, suspend or cancel benefits shall not take effect for a period of 3 months from the date of the determination.

(5) The Board may from time to time review a determination to reduce benefits and may, in its discretion, further reduce benefits or increase benefits or cancel benefits.

(6) The Board may at any time require a member receiving disability benefits to provide to the Board within 45 days such returns and information relating to the financial circumstances of the member as the Board may require for the purposes of this section and if the member fails or refuses to do so the Board may suspend or cancel the disability benefits and thereupon they shall cease to be payable.

S. 56(2)(b) amended by No. 4/1996 s. 100(2).

S. 56(2)(c) inserted by No. 4/1996 s. 100(2).S. 56(2A) inserted by No. 10258 s. 10(zh)(i).

S. 56(3) amended by No. 10258 s. 10(zh)(ii), repealed by No. 4/1996 s. 100(3).

S. 56(4) amended by Nos 10258 s. 10(zh)(iii) (A)(B), 4/1996 s. 100(4).

S. 56(5) inserted by No. 10258 s. 10(zh)(iv), amended by No. 4/1996 s. 100(5).

S. 56(6) inserted by No. 10258 s. 10(zh)(iv).



82

57 Payments at age 65 and on death before age 65 of a partial disability pensioner

(1) When a disability benefit is reduced the balance of the beneficiary's account arising from lump sum benefits shall be reduced in the same proportion as the rate of disability pension.

(2) On the attainment of age 65 by a partial disability pensioner—

(a) the pension then payable shall be increased if necessary to the rate of pension that the member would have been entitled to receive if he had resigned on the day his disability benefits were first reduced according to section 56 and had elected to receive a deferred benefit;

(b) a lump sum would be paid equal to the greater of—

(i) the balance of his beneficiary's account; and

(ii) an amount calculated by deducting from the lump sum he would have been entitled to receive if he had resigned on the day his disability benefits commenced and had elected to receive a deferred benefit the sum of—

D T − PT —

where D is the total of payments from his beneficiary's account since the date of his disability T is the total years of employment taken into account in calculating benefits at the date of his disability including, where appropriate, prospective employment and P is the

s. 57s. 57Part IV—Pensions and Benefits


83

number of years of prospective employment included in T.

(3) Subject to section 45, on the death before age 65 of a partial disability pensioner there shall be paid—

s. 58S. 57(3)(a) amended by No. 27/2001 s. 5(Sch. 3 item 4.13).

(a) to the partner of the deceased pensioner during the life of the partner a pension of an amount equal to two-thirds of the pension which would have been payable to the pensioner pursuant to subsection (2) if he had attained the age of 65 at the date of his death;

(b) to the partner of the deceased pensioner a lump sum equal to the lump sum which would have been payable to the pensioner pursuant to subsection (2);

(c) in respect of each of the children of the deceased pensioner, a pension in accordance with section 45(1)(b).

(4) If a partial disability pensioner dies before the age of 65 without leaving a partner, the Board must pay the balance of any lump sum held in the pensioner's name in the Fund to the pensioner's personal representative.

58 Increase of benefits

When a partial disability benefit is increased (whether or not it is increased to full benefits) the balance of the beneficiary's account arising from lump sum benefits shall be increased to the amount which, having regard to instalments

S. 57(3)(b) amended by No. 27/2001 s. 5(Sch. 3 item 4.13).

S. 57(3)(c) substituted by No. 120/1994 s. 51.

S. 57(4) substituted by No. 27/2001 s. 5(Sch. 3 item 4.14).



84

actually paid, would have been the balance if the new level of benefit was the result of the first review of the disability benefit.

59 Discontinuance of benefits

(1) On attainment of age 65 by a former disability pensioner where the member has not again become a contributor after first becoming a disability pensioner then the provisions of section 57(2) shall apply.

(2) On the death of a former disability pensioner before age 65 where the member has not again become a contributor after first becoming a disability pensioner then the provisions of subsections (3) and (4) of section 57 shall apply.

(3) Where a member again becomes a contributor, then additional benefits shall be payable as calculated actuarially and the medical classification of the member, if any, is disregarded.

60 Where Board determines pensioner able to undertake employment

Where the Board determines that a disability pensioner is no longer suffering from a disability, it shall forthwith notify his employer and in the event that—

(a) he is offered employment by his former employer which the former employer certifies to the Board is employment that the pensioner is suited by education, training or experience or would be suited as a result of retraining at a salary not less than the salary appropriate at the time of such offer to the grade in which he was employed at the time of his retirement, the Board must, from the date nominated by his employer for commencement of his duties (whether or not

S. 59(3) amended by No. 40/2010 s. 64.

S. 60 amended by Nos 10258 s. 10(zi)(i), 82/1996 s. 54.

s. 60

S. 60(a) amended by Nos 10258 s. 10(zi)(ii), 4/1996 s. 102(1)(a)(b).



85

he accepts such employment) cancel the disability benefits and thereupon they shall cease to be payable;

(b) he is offered employment by his former employer at a salary less than the salary appropriate at the time of such offer to the grade in which he was employed at the time of his retirement because the pensioner is unable to perform the previous duties due to ill health, the Board may pay that part of his pension to him as is necessary to raise the aggregate of his salary and his pension to such salary as far as his pension permits;

* * * * *

60A Disability pensioner retiring due to ill health

(1) If the Board has made a determination that a disability pensioner who has not attained the age of 60 years is again able to perform his or her duties or any other duties for which the disability pensioner is suited by education, training or experience or for which the disability pensioner would be suited as a result of retraining, the former disability pensioner may within the prescribed period apply to the Board to retire on the grounds of ill health and receive a payment under this section.

(2) If the Board determines that the application should be granted, the Board must pay the former disability pensioner a lump sum benefit—

S. 60(b) amended by Nos 10258 s. 10(zi)(iii), 4/1996 s. 102(2)(a)(b).

S. 60(c) amended by Nos 10258 s. 10(zi)(iv), 58/1987 s. 11(1)(l), repealed by No. 102/1995 s. 19.




86

(a) calculated under section 34A(a) on the total amount of contributions up to the date that the disability benefit was first granted; and

(b) increased by the interest rate determined by the Board under section 37(1)(a) for each year or part of a year between that date and the date of the determination.

(3) If the former disability pensioner accepts a payment under subsection (2), the Board is released from any liability to make any further payments to, or in respect of, any entitlement of the former disability pensioner or of any of his or her dependants and this Act ceases to apply to the former disability pensioner.

(4) In this section, prescribed period means—

(a) if the former disability pensioner does not apply for a review of the determination specified in subsection (1), the period of 90 days after the determination; and

(b) if the former disability pensioner does apply for a review of the determination specified in subsection (1), the period of 30 days after—

(i) the Board confirms the determination on review; or

(ii) in the case of an application to the Victorian Civil and Administrative Tribunal, the Tribunal affirms the determination on review.

* * * * *

62 Recipient of disability benefits not to make contributions

S. 60A(4)(b)(ii) substituted by No. 52/1998s. 311(Sch. 1 item 83.1).

S. 61repealed by No. 13/1999 s. 11.



87

Notwithstanding section 22 a recipient of disability benefits shall not make contributions to the Fund.

63 Board to receive medical report when determining question of disability

(1) Where a question arises as to whether a recipient of disability benefits is disabled or as to the extent of any disability from which a recipient of disability benefits is suffering, the question shall be determined by the Board after receiving reports from at least 2 registered medical practitioners nominated by the Board.

(2) Upon receipt by the Board of adverse reports from the registered medical practitioners nominated by the Board and before a determination is made the member shall have the right to obtain a further report from a registered medical practitioner mutually agreed upon by the member and the Board.

63A Disclosure of contents of medical reports

(1) Within 28 days of the receipt of a medical report under this Part, the Board must provide access to the contents of the medical report to the member 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. 62

S. 63(1) amended by Nos 49/1992 s. 91(a), 23/1994 s. 118(Sch. 1 item 53.5).

S. 63(2) amended by Nos 9752 s. 3, 49/1992 s. 91(b)(i)(ii), 23/1994 s. 118(Sch. 1 item 53.5).


s. 63

S. 64 amended by No. 9657 s. 17(a)(b), substituted by No. 10258 s. 10(zj), repealed by No. 40/2010 s. 66.



88

65 Minimum benefits

(1) Notwithstanding anything in this Act, the minimum benefits (including any amount certified by an actuary as necessary to pay any pension payable to the children or adult children of a member) payable in respect of a member under this Act shall be a sum as determined under section 37.

(2) Subject to this section, if the total amount of all the benefits paid or payable under this Act in respect of a member or former member is less than the sum of the superannuation guarantee amount and the amount contributed by the member or former member to the State Superannuation Fund and the Fund and interest as appropriate on the amount contributed at the rate which is the specified rate under section 37(1) up to the date that the member or former member first became entitled to a benefit under this Act other than a temporary benefit, there is to be paid out of the Fund to the member or former member an amount determined by the Board in accordance with the formula—

P = A + I

where—

P means the amount to be paid;

S. 65 amended by No. 70/2003 s. 14 (ILA s. 39B(1)).

s. 65

S. 65(1) amended by No. 40/2010 s. 67.

S. 65(2) inserted by No. 70/2003 s. 14, substituted by No. 40/2004 s. 26, amended by No. 94/2005 s. 34.



89

I means interest as appropriate on "A" at the rate which is the specified rate under section 37(1) from the date "A" is calculated until the date that "A" is paid out of the Fund—

and where "A" is an amount determined by the Board in accordance with the formula—

SGC + MCI – B

where—

SGC means the superannuation guarantee amount;

MCI means the sum of the amount contributed by the member or former member to the State Superannuation Fund and the Fund and interest as appropriate on the amount contributed at the rate which is the specified rate under section 37(1) up to the date that the member or former member first became entitled to a benefit under this Act other than a temporary benefit less the cost of death and disability benefits as determined by the Board and Commonwealth charges;

B means the total amount of all the benefits paid or payable in respect of the member or former member.

(3) Unless subsection (4) or (5) applies, for the purposes of this section, the total amount of all the benefits paid or payable in respect of a member or former member is to be determined by the Board as at the date on which the member or former member first became entitled to a benefit under this Act, other than a temporary benefit under section 54, irrespective of when the benefit is payable.

(4) If a member or former member becomes entitled to another benefit under this Act other than a temporary benefit under section 54 after having

s. 65

S. 65(3) inserted by No. 40/2004 s. 26.

S. 65(4) inserted by No. 40/2004 s. 26.



90

returned to work following a period as a disability pensioner under this Act, the total amount of all the benefits paid or payable in respect of the member or former member is to be determined by the Board as at the date on which the member or former member first became entitled to that other benefit under this Act.

(5) If a member or former member who had elected to receive all or a part of his or her entitlements under this Act as a deferred benefit—

(a) dies before the deferred benefit becomes payable; and

(b) does not leave a partner entitled to a pension under this Act—

the Board must pay out of the Fund to the legal personal representative of the member or former member, in addition to any amount payable under section 38(3)(b) or 38(3)(c), an amount equal to the superannuation guarantee amount determined by the Board.

(6) If the amount of the benefit paid or payable under this Act consists of, or includes, a pension or deferred benefit, the amount of the benefit paid or payable under this Act for the purposes of this section is to be determined by the Board in accordance with a method determined by an actuary appointed by the Board.

(7) The Board may determine that an amount determined as payable under this section is to be applied to increase a pension payable to or in respect of a member or former member in a manner determined by the Board after obtaining the advice of an actuary appointed by the Board.

S. 65(5) inserted by No. 40/2004 s. 26.

s. 65

S. 65(6) inserted by No. 40/2004 s. 26.

S. 65(7) inserted by No. 40/2004 s. 26.



91

(8) Any part of the superannuation guarantee amount which is required to be preserved in accordance with the specified standards must be preserved.

(9) For the purposes of this section, 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 IVA or otherwise, the minimum 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.

(10) In this section, superannuation guarantee amount means the amount determined by the Board after obtaining the advice of an actuary appointed by the Board to be the minimum amount necessary in respect of a member or former member to avoid a superannuation guarantee shortfall within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.

(11) The amount determined by the Board for the purpose of subsection (10) is to be determined as if no election had been made under section 23(2A).

65A Commutation of pension not exceeding declared rate

(1) This section applies to a person who is entitled to a pension administered by the Board under this Act at a rate per year which does not exceed the declared rate.

(2) Notwithstanding anything to the contrary in this Act, the Board may at its discretion determine that instead of a pension the person may elect to receive a lump sum payment as determined by the Board on the advice of an actuary.

S. 65(8) inserted by No. 40/2004 s. 26.S. 65(9) inserted by No. 40/2004 s. 26.

S. 65(10) inserted by No. 40/2004 s. 26.

S. 65(11) inserted by No. 40/2004 s. 26.

S. 65A inserted by No. 110/1993 s. 154, repealed by No. 82/1996 s. 55, new s. 65A inserted by No. 84/1998 s. 43.



92

(3) If a person elects to accept a lump sum payment under subsection (2), the Board is released from any liability to make any further payments to, or in respect of, any entitlements of that person or any of his or her dependants in relation to that pension entitlement and this Act ceases to apply to that person in respect of that pension entitlement.

(4) In this section, declared rate means—

(a) $520 per year; or

(b) such higher rate per year as may be declared from time to time by the Minister by Order published in the Government Gazette.

66 Amount of gratuity to be deducted

An amount equal to any amount paid as a gratuity to the member or his partner or children pursuant to the provisions of any Act or award (other than a gratuity payable on retrenchment) which relates to any part of the period of service as an employee which is taken into account for the calculation of benefits under this Act shall be deducted from the benefits payable under this Act.

__________________

S. 66 amended by No. 27/2001 s. 5(Sch. 3 item 4.15).



93

PART IVA—FAMILY LAW PROVISIONS

66AA Definitions

(1) In this Part—

approved deposit fund has the meaning given by section 10(1) of the Commonwealth Superannuation Industry (Supervision) Act 1993;

eligible rollover fund means a fund within the meaning of section 242 of the Commonwealth Superannuation Industry (Supervision) Act 1993;

eligible superannuation plan means—

(a) a regulated superannuation fund; or

(b) an approved deposit fund; or

(c) an exempt public sector superannuation scheme; or

(d) an RSA;

exempt public sector superannuation scheme means a public sector superannuation scheme within the meaning of section 10(1) of the Commonwealth Superannuation Industry (Supervision) Act 1993;

flag lifting agreement has the meaning given by section 90MN of the Commonwealth Family Law Act 1975;

Pt 4A (Heading and ss 66AA–66AG) inserted by No. 70/2003 s. 15.

S. 66AA inserted by No. 70/2003 s. 15.

s. 66AAPart IV—Pensions and Benefits


94

flagging order means an order mentioned in section 90MU(1) of the Commonwealth Family Law Act 1975;

interest has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

member spouse, in relation to a superannuation interest, means the spouse who has the superannuation interest;

non-member spouse, in relation to a superannuation interest, means the spouse who is not the member spouse in relation to that interest;

payment flag has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

regulated superannuation fund means a superannuation fund which complies with section 19 of the Commonwealth Superannuation Industry (Supervision) Act 1993;

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;

* * * * *

specified period means the period which is specified to be the specified period in the

s. 66AA

S. 66AA(1) def. of RSA repealed by No. 40/2004 s. 20(5).



95

specified standards;

splitting order means an order mentioned in section 90MT of the Commonwealth Family Law Act 1975;

spouse has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

superannuation agreement has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

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 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 Fund means the value as determined in accordance with Part 5 of the Commonwealth Family Law (Superannuation) Regulations 2001.

S. 66AA(1) def. of spouse inserted by No. 38/2009 s. 26(a).

S. 66AA(1) def. of super-annuation agreement amended by No. 38/2009 s. 26(b).

s. 66AAPart IV—Pensions and Benefits


96

(2) A reference to the transfer of an amount is to be construed as including a reference to the rollover of an amount.

66AB Accrued benefit multiple

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.

66AC Obligation on Board

(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

(b) a flag lifting agreement which provides for a payment split; or

(c) a splitting order—

is served on the Board under Part VIIIB or VIIIAB of the Commonwealth Family Law Act 1975.

(2) This section also applies to—




which was served on the Board under Part VIIIB of the Commonwealth Family Law Act 1975 before the commencement of section 15 of the Superannuation Acts (Family Law) Act 2003 if

S. 66AB inserted by No. 70/2003 s. 15.

S. 66AC inserted by No. 70/2003 s. 15.

s. 66AB

S. 66AC(1) amended by No. 38/2009 s. 27(1).



97

the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.

(2A) This section also applies to—




which was served on the Board under Part VIIIAB of the Commonwealth Family Law Act 1975 before the commencement of section 27 of the Superannuation Legislation Amendment Act 2009 if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.

(3) If the non-member spouse has not satisfied a relevant condition of release and the member spouse is not receiving a pension under this Act, the Board 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 non-

S. 66AC(2A) inserted by No. 38/2009 s. 27(2).

s. 66ACPart IV—Pensions and Benefits


98

member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible rollover fund selected by the Board.

(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 Board 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 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; or

(c) if no request is received from the non-member spouse within the specified period, 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 rollover fund selected by the Board.

s. 66ACPart IV—Pensions and Benefits


99

(5) Subsections (3) and (4) do not apply if—

(a) the member spouse's superannuation interest is an unsplittable interest; or

(b) a payment flag is operating in respect of the member spouse's superannuation interest; or

(c) the non-member spouse has served a waiver notice on the Board under section 90MZA of the Commonwealth Family Law Act 1975 in respect of the member spouse's superannuation interest; or

(d) the member spouse's superannuation interest is a payment that is not a splittable payment under Part 2 of the Commonwealth Family Law (Superannuation) Regulations 2001.

(6) If the member spouse's superannuation interest is a pension under this Act due to a disability which is a splittable payment, the Board may determine that subsections (3) and (4) do not apply.

(7) If the non-member spouse serves a waiver notice on the Board under section 90MZA of the Commonwealth Family Law Act 1975 in respect of the member spouse's superannuation interest, the Board may make a payment to the non-member spouse not exceeding the value at a 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.

66AD Reduction of benefit or accrued benefit entitlement

Despite anything to the contrary in this Act, if under section 66AC 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

S. 66AD inserted by No. 70/2003 s. 15.

s. 66ADPart IV—Pensions and Benefits


100

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.

66AE Board may provide additional information

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.

66AF 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.

66AG Charging of fees

(1) The Board may charge reasonable fees in respect of—

(a) a payment split;

(b) a payment flag;

(c) flag lifting under a flag lifting agreement that does not provide for a payment split;

(d) an order under section 90MM of the Commonwealth Family Law Act 1975 terminating the operation of a payment flag;

(e) an application under section 90MZB of the Commonwealth Family Law Act 1975 for information about a superannuation interest;

S. 66AE inserted by No. 70/2003 s. 15.

S. 66AF inserted by No. 70/2003 s. 15.

S. 66AG inserted by No. 70/2003 s. 15.

s. 66AEPart IV—Pensions and Benefits


101

(f) any other thing done by the Board in relation to a superannuation interest covered by a superannuation agreement, flag lifting agreement or splitting order;

(g) the provision of information under section 66AE.

(2) Fees charged under subsection (1) must not exceed the maximum levels of fees fixed by the Minister for the purposes of this section by notice published in the Government Gazette.

(3) If the Board charges a fee under subsection (1), the fee is payable—

(a) unless paragraph (b) applies, in the case of subsection (1)(a), (1)(b), (1)(c), (1)(d) or (1)(f), by the member spouse and the non-member spouse in equal parts; or

(b) if the fee is in respect of a payment split under which the non-member spouse is entitled to be paid the whole of the amount of each splittable payment that becomes payable, by the non-member spouse; or

(c) in the case of subsection (1)(e) or (1)(g), by the person who made the application.

_______________

s. 66AGPart IV—Pensions and Benefits


102

PART V—GENERAL

66A Payment of benefits subject to specified standards

Notwithstanding anything to the contrary in this Act, the payment of any benefit under this Act is subject to any relevant specified standards.

67 Review of decisions of the Board

(1) A person who is affected by a decision of the Board may, by notice in writing given to the Board within 30 days after the date on which the decision first comes to the notice of the person, request the Board to reconsider the decision.

(2) The Board may, upon application in writing by a person, extend, or further extend, the time for the giving of a notice to the Board requesting the Board to reconsider a decision.

(3) There shall be set out in the request the grounds on which the request is made.

(4) Upon receipt of the request, the Board shall reconsider the decision, and may either confirm the decision or vary the decision in such manner as the Board thinks fit.

(5) The Board shall within 30 days after receipt of the request, by notice in writing to the person who made the request, inform the person of the result of the Board's reconsideration of the decision.

(6) A person whose interests are affected by—


s. 66A

S. 67 amended by No. 9400 s. 15, substituted by No. 10155 s. 81(2).

S. 67(6) substituted by No. 52/1998s. 311(Sch. 1 item 83.2).



103

(a) a decision of the Board under subsection (2); or

(b) a decision of the Board under subsection (2) as confirmed or varied under subsection (4)—

may apply to the Victorian Civil and Administrative Tribunal for review of the decision.

(7) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made;

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

68 Early release of benefits

(1) The Board may approve the early release of part or all of the vested benefit of a contributor or former contributor in accordance with the specified standards.

(2) The Board must determine—

(a) the amount of the vested 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.

68A Permanent employees may be required to transfer etc. assets etc.

S. 67(7) inserted by No. 52/1998s. 311(Sch. 1 item 83.2).

S. 68repealed by No. 10155 s. 81(2), new s. 68 inserted by No. 82/1996 s. 56.

s. 68




104

(1) In this Part—

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 surviving partners, children, dependants or legal personal representatives of employees or former employees.

(2) Where permanent employees are contributors to or subject to a scheme of superannuation already established, they may be required in accordance with the regulations—

(a) to transfer, assign, hand over or pay (as the case requires) to the Board all or any part of the assets administered under the scheme;

(b) to have their benefits under this Act reduced in proportion to benefits they receive or are entitled to receive under the scheme.

68B Information to be supplied

Within one month after receiving a request in writing to do so, the trustees or managers of any scheme of superannuation shall furnish to the Board a statement of the assets and liabilities of the scheme, and such other particulars relating to the scheme and to persons contributing to any fund administered under the scheme as the Board requires.

68C Transfer of assets to Board

s. 68A

S. 68A(1) def. of scheme of super-annuation amended by No. 27/2001 s. 5(Sch. 3 item 4.16).


S. 68C inserted by No. 9400 s. 16.



105

The Board may at any time by notice in writing served upon the trustees or managers of the scheme of superannuation require them to transfer, assign, hand over or pay (as the case requires) to the Board all such assets as are specified by the Board.

68D Board to have power to deal with policies

Where a policy of life insurance is handed over to the Board under this Part, but the person upon whose life the policy was issued retains a power of dealing with or receiving money under that policy, the Board shall be deemed to be the continuing agent of that person for all purposes in connexion with the policy.

68E Board may pay administrator

The Board may pay to the administrators, trustees or managers of any scheme of superannuation that part of the cash value of the fund of the scheme as certified by an actuary which may reasonably be stated to have arisen from the employer's contributions to the scheme which is applicable to such permanent employees as become entitled to benefits under this Act.

68F Board may open accounts etc.

The Board may open an account in the Fund in the name of a permanent employee to which may be credited that part of the accumulated value of the scheme applicable to his equity in that scheme together with interest thereon as determined by an actuary.

68G Member to receive amount in account on ceasing to be employed

s. 68C

S. 68D inserted by No. 9400 s. 16.

S. 68E inserted by No. 9400 s. 16.

S. 68F inserted by No. 9400 s. 16, amended by No. 10258 s. 10(zk).

S. 68G inserted by No. 9400 s. 16.



106

When a member ceases to be employed before he attains 60 years other than on account of his retirement, disability or death he shall be entitled to receive the amount standing to his credit in such account.

68H On retirement balance of account additional to lump sum entitlement

In the event of a member's retirement because of age or disability or his death the balance of such account shall be deemed to be an addition to his lump sum entitlement.

69 Power of Board to acquire information about contributors for purposes of administering the Act

(1) The Board may at any time require—

(a) the permanent head of any Department of the Government or any other person or body who or which employs or uses the services of a person who is an employee within the meaning of this Act to furnish such returns and information with respect to any such person as the Board may require for the purpose of the administration of the Fund, including without limiting the generality of the foregoing, particulars of the name, sex, date of birth, date of appointment, date of commencement of duty, hours of duty and changes in hours of duty, rate of salary and changes in the rate of salary, and tax file number, of such person;

(b) any member, employee or pensioner or the partner or child of any deceased member, employee or pensioner to furnish such returns and information as the Board may require for the purposes of the administration of the Fund.

s. 68G

S. 68H inserted by No. 9400 s. 16.

S. 69(1)(a) amended by Nos 84/1998s. 44(1), 40/2010 s. 68(1).

S. 69(1)(b) amended by Nos 58/1987 s. 11(1)(m)(i) (ii), 27/2001 s. 5(Sch. 3 item 4.17), 40/2010 s. 68(2).



107

(2) Every person who, without reasonable excuse, fails, neglects or refuses to furnish the information required of him under this Act shall be liable to a penalty of not more than 10 penalty units.

69A Continued application of member classification provisions

Despite the repeal of sections 28, 29, 30, 31, 44(2), 64 and 70 by sections 51, 55, 66 and 70 of the Superannuation Legislation Amendment Act 2010, and the amendment of section 32 by section 52 of the Superannuation Legislation Amendment Act 2010, those sections, as in force immediately before the commencement of those repeals and that amendment, continue to apply to any person who was a pensioner immediately before the commencement of those repeals and that amendment.

* * * * *

70A Assignment or charging of interest

(1) Subject to subsection (2) and subsection (3), an interest of a member or beneficiary in a benefit under this Act—

S. 69(2) amended by Nos 9978 s. 16(1), 58/1987 s. 11(1)(n), 84/1998s. 44(2).S. 69A inserted by No. 40/2010 s. 69.

s. 69A

S. 70 amended by No. 10155 s. 81(3), repealed by No. 40/2010 s. 70.

S. 70A inserted by No. 9978 s. 15, substituted by No. 70/2003 s. 16.

s. 70A

S. 70A(1) amended by No. 37/2007 s. 24(1).



108

(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.

(3) If on the death of a member the Board is satisfied that there is no personal representative, the Board may pay any money payable to the member or to his or her estate to a person the Board considers appropriate in the circumstances.

(4) For the purposes of subsection (3), personal representative has the same meaning as it has in section 5(1) of the Administration and Probate Act 1958.

70B Payment of benefits if person is incapable of managing financial affairs

(1) The Board may determine that a person who would ordinarily be entitled to receive benefits is incapable of managing his or her financial affairs.

(2) A determination under subsection (1) may be made by reason of any restriction or lack of capability of the person resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function.

(3) If the Board makes a determination under subsection (1), the Board may cause that person's benefits or any part of that person's benefits to be paid to—

(a) the person's guardian or administrator; or

S. 70A(3) inserted by No. 37/2007 s. 24(2).

S. 70A(4) inserted by No. 37/2007 s. 24(2).

S. 70B inserted by No. 40/2004 s. 27, substituted by No. 40/2010 s. 71.



109

(b) if there is no guardian or administrator, a person nominated by the Board for the benefit of that person and any or all of his or her dependants—

until the Board determines that the person is capable of managing his or her financial affairs.

71 Power to recover

The Board may recover contributions or any other amount payable to the Board under this Act, including where there is paid from the Fund to any person an amount, the whole or part of which the person is not entitled to receive under this Act, the amount to which the person is not entitled, as a civil debt due to the Board in any court of competent jurisdiction.

72 Regulations

(1) The Governor in Council may, on the recommendation of the Board, make regulations not inconsistent with this Act prescribing all matters required or permitted to be prescribed, or necessary or convenient to be prescribed, and in particular for or with respect to—

(a) the holding of elections and extraordinary elections of contributors' representatives for appointment to the Board;

(b) forms to be used for the purposes of this Act;

(c) making such provision as the circumstances require with respect to employees to whom this Act applies who are contributors to or subject to schemes of superannuation and like schemes already established by their employers;

(d) making such provision as the circumstances require for officers, employees or persons or classes of officers, employees or persons to

S. 71 amended by Nos 9400 s. 17, 9657 s. 18.

s. 71

S. 72 amended by No. 49/1992 s. 92(a).



110

whom this Act applies by an Order made under section 2;

(e) prescribing penalties of not more than one penalty unit for an offence against the regulations.

* * * * *

(3) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of Parliament.

* * * * *

73 Specified standards

(1) The Governor in Council may by Order in Council—

(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

S. 72(1)(e) amended by No. 9978 s. 16(2).

S. 72(2) inserted by No. 49/1992 s. 92(b), repealed by No. 4/1996 s. 92(1).

s. 72

S. 72(3) inserted by No. 49/1992 s. 92(b), amended by Nos 4/1996 s. 92(3), 78/2010 s. 24(Sch. 1 item 28).

S. 72(4) inserted by No. 49/1992 s. 92(b), repealed by No. 4/1996 s. 92(1).

S. 73inserted by No. 10258 s. 11(1), repealed by No. 120/1994 s. 43(3), new s. 73 inserted by No. 4/1996 s. 103.

s. 73

S. 73(1)(a) amended by No. 70/2003 s. 17(1).



111

as a benefit; and

(c) specify maximum fees and charges which the Board may impose on specified types of benefits; and

(ca) specify processes and requirements in respect of the administration and operation of Part IVA; and

(cb) specify the benefits and entitlements of non-members spouses under Part IVA; and

(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

(e) specify the benefits in respect of which an application for an early release may be made; and

(f) specify the method, manner and form in which benefits which are the subject of an application for an early release of benefits 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. 73(1)(c) amended by No. 82/1996 s. 57.

S. 73(1)(ca) inserted by No. 70/2003 s. 17(2).

S. 73(1)(cb) inserted by No. 70/2003 s. 17(2).

S. 73(1)(d) inserted by No. 82/1996 s. 57.

S. 73(1)(e) inserted by No. 82/1996 s. 57.

S. 73(1)(f) inserted by No. 82/1996 s. 57.



112

(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 17(1) of that Act.

* * * * *

* * * * *

74C Taxation on benefits


actuary means a person who is—

(a) a fellow or an accredited member of the Institute of Actuaries of Australia; 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;

S. 73(3) inserted by No. 70/2003 s. 17(3).

S. 74inserted by No. 58/1987 s. 11(1)(o), amended by No. 49/1992 s. 93(a)–(c), repealed by No. 64/1995 s. 37.

Ss 74A, 74B inserted by No. 49/1992 s. 94, repealed by No. 4/1996 s. 104.

S. 74C inserted by No. 110/1993 s. 155.

s. 74CPart IV—Pensions and Benefits


113

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 155 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;

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.

(2) If before the commencement of section 155 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

S. 74C(1) def. of post-June 1983 component amended by No. 120/1994 s. 52(c).



114

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.

(3) If at any time after the commencement of section 155 of the Public Sector Superannuation (Administration) Act 1993 the Board determines that any part of the post-June 1983 component of a benefit paid or payable to a member of the Fund is to be classified for the purposes of the tax law as taxed, then the benefits (including any relevant maximum benefit) must be reduced on the basis determined by an actuary and approved by the Minister.

(4) In addition to any other form of determination by the Board, the Board shall be deemed to have made a determination under subsection (2) or (3) if it fails to issue a relevant notice to a benefit recipient under the tax law classifying all of the post-June 1983 component of a benefit payable to a member of the Fund as untaxed.

(5) In determining the basis of the reduction required under subsection (2) or (3), the actuary must aim to ensure as far as practicable that—

(a) the cost of the Fund to employers participating in the Fund is not greater than what would have been the employer cost if the income of the Fund was from 1 July 1988 not subject to tax; and

(b) no unreasonable detriment is caused to an affected member of the Fund.

(6) If, having received an application from an affected member in accordance with subsection (7), the



115

Board is satisfied that a reduction in benefits has resulted in an unreasonable detriment to the member in respect of a benefit which has become payable to the member, the Board may take such steps, including without limitation increasing the benefit, as the Board considers necessary to avoid or compensate for that detriment.

(7) An affected member may within 3 months of a benefit becoming payable from the Fund (or any longer period approved by the Board if the Board considers that there are special circumstances) apply to the Board for a review of the amount of the benefit.

(8) The application must be in a form and contain and be accompanied by information prescribed by the Board.

(9) The Board must not consider an application for review under this subsection on any ground other than unreasonable detriment.

(10) In determining whether an unreasonable detriment exists and the extent of that detriment—

(a) the Board must act on the advice of the actuary, given either generally or in any specific case; and

(b) the actuary must have regard to the following factors—

(i) the receipt by a member of a post-June 1983 component of the benefit classified for the purposes of the tax law as a taxed element rather than as an untaxed element; and

(ii) the rates of tax and the basis for its assessment under the tax law as at the date of commencement of this Act in



116

respect of a benefit that becomes payable to a person aged 55 years or more; and

(iii) any other matters the actuary considers relevant.

74CA Surcharge debt account

(1) The Board must establish and maintain a separate surcharge debt account for each contributor.

(2) The Board must debit to a contributor's surcharge debt account—

(a) any superannuation contributions tax paid or payable by the Board on contributions in respect of the contributor 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 contributor'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 Board must credit to a contributor's surcharge debt account—

(a) any pre-payment by the contributor to the Board in respect of any payment made or to be made by the Board to discharge or partially discharge the liability imposed

S. 74CA inserted by No. 29/2000 s. 13.

s. 74CAPart IV—Pensions and Benefits


117

under the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997; and

(b) any credit adjustment to the amount debited under subsection (2)(a); and

(c) any surcharge deduction amount under subsection (4); and

(d) an amount to achieve a nil balance after all the debits under subsection (2) and all the credits under paragraphs (a) to (c) have been made.

(4) If—

(a) the Board discharges the liability imposed under the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 under section 7 of that Act; and

(b) benefits become payable to or in respect of a person who has been a contributor; and

(c) the person's surcharge debt account is in debit when those benefits become so payable—

then, despite anything in any Act or in any trust instrument, contract or other document, the Board may reduce those benefits by an amount determined in writing that, in the Board's opinion on the advice of an actuary, would be fair and reasonable having regard to the matters specified in subsection (5).

(5) In making the determination, the Board must have regard to the following—

(a) the amount by which the person's surcharge debt account is in debit when those benefits become payable;

s. 74CAs. 74CAPart IV—Pensions and Benefits


118

(b) the value of the employer-financed component of those benefits;

(c) the value of the benefits that, for the purpose of working out (under the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997) the surchargeable contributions reported for the person, were assumed to be likely to be payable to the person on his or her ceasing to be a contributor;

(d) whether the person has or had qualified for his or her maximum benefit entitlement under this Act;

(e) any other matter that the Board considers relevant.

(6) The amount determined under subsection (4) by the Board must not be more than 15 per cent of the employer-financed component of that part of the benefits payable to the person that accrued after 20 August 1996.

(7) For the purposes of subsection (4), if the benefit is in the form of a pension entitlement, the deduction is to be made by the Board commuting the person's pension entitlement to the extent determined by an actuary appointed by the Board to be necessary to meet the amount determined under subsection (4).

(8) The exercise of the power of commutation under subsection (7) does not affect the exercise of any other commutation rights under this Act.

74CB Recovery of surcharge where person entitled to deferred benefit

(1) This section applies if—

(a) a person becomes entitled to a deferred benefit under this Act; and

S. 74CB inserted by No. 29/2000 s. 13.

s. 74CBPart IV—Pensions and Benefits


119

(b) any superannuation contributions tax is paid by the Board on contributions in respect of the person, made when the person was a contributor, 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

(c) the notice of surcharge assessment is issued after the person ceased to be a contributor.

(2) The Board must reduce the person's deferred benefit to the extent determined by an actuary appointed by the Board to be necessary to recover the amount referred to in subsection (1).

(3) The Board must advise the person in writing as to the actuary's determination.

(4) The exercise of the power under subsection (2) does not affect the exercise of any other commutation rights under this Act.

74CC Commutation of pension to meet surcharge liability

(1) The power of commutation under this section applies if—

(a) a person is receiving a pension under this Act; and

(b) the person receives a notice of surcharge assessment on contributions made in respect of the person when he or she was a contributor from the Australian Taxation Office for which he or she is personally liable; and

(c) the person makes an election in accordance with subsection (2).

(2) The election must—

S. 74CC inserted by No. 29/2000 s. 13.

s. 74CCPart IV—Pensions and Benefits


120

(a) be made within the period of 3 months after the day on which the assessment is made; and

(b) be made in a manner approved by the Board; and

(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.

74D Payment of lump sum benefits

If a lump sum benefit (not being a payment under section 60A) 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 interest rate determined by the Board under section 37(1)(a) from the date of entitlement until the lump sum benefit is paid.

75 Transfer to State Superannuation Fund or Transport Superannuation Fund

* * * * *

* * * * *

S. 74D inserted by No. 102/1995 s. 21.

s. 74D

S. 75inserted by No. 81/1988 s. 24.

S. 75(1) repealed by No. 120/1994 s. 43(3).

S. 75(2) amended by No. 49/1992 s. 95, repealed by No. 120/1994 s. 43(3).



121

(3) An employee who elects to transfer to the State Superannuation Fund or the Transport Superannuation Fund is entitled to convert not more than 50 per cent of his or her lump sum retirement benefit under the State Superannuation Act 1988 or the Transport Superannuation Act 1988 to a pension in accordance with the factors specified in the Schedule.

(3A) An employee who—

(a) elected to transfer to the State Superannuation Fund or the Transport Superannuation Fund; and

(b) becomes an exempt officer on or after attaining the age of 65 years—

is entitled to convert not more than 50 per cent of his or her lump sum retirement benefit under the State Superannuation Act 1988 or the Transport Superannuation Act 1988 to a pension in accordance with the factors specified in the Schedule.

(4) Sections 43 and 45 apply to any pension payable in accordance with subsection (3) or subsection (3A).

76 Provisions relating to certain water authorities


transfer date means 17 June 1996 or such earlier date as is specified in the agreement;

water authority means—

S. 75(3A)inserted by No. 37/2007 s. 25(1).

S. 75(4)amended by No. 37/2007 s. 25(2).




122

(a) the Melbourne Water Corporation;

(b) City West Water Ltd;

(c) South East Water Ltd;

(d) Yarra Valley Water Ltd.

(2) On the transfer date an employee of a water authority who immediately before the transfer date is a contributor to the State Employees Retirement Benefits Fund is transferred to the Water Industry Superannuation Fund.

(3) Despite the transfer of a member under this section to the Water Industry Superannuation Fund—

(a) the member is entitled to receive the same benefits that he or she would have been entitled to receive had he or she not been so transferred; and

(b) the member is entitled to have his or her rights and obligations determined in accordance with the State Employees Retirement Benefits Act 1979 (other than section 67) as in force immediately before that transfer.

(4) For the purposes of subsection (3) the trustees of the Water Industry Superannuation Fund have in respect of a member the duties and powers conferred on the Board by or under the State Employees Retirement Benefits Act 1979 (other than section 67) as in force immediately before the transfer.

(5) With the approval of the Minister, the Board must enter into an agreement with the trustees of the Water Industry Superannuation Fund which specifies—

(a) the liability of the State Employees Retirement Benefits Fund up to the date of



123

transfer in respect of the entitlements of transferred members as determined by an actuary appointed by the Board; and

(b) the value of assets of the State Employees Retirement Benefits Fund equal to the liability of the State Employees Retirement Benefits Fund under paragraph (a) that are to be transferred to the Water Industry Superannuation Fund; and

(c) the terms and conditions which apply to the transfer of these assets to the Water Industry Superannuation Fund.

(6) If agreement cannot be reached before 1 June 1996, the Minister may determine the matters specified in subsection (5) or which are in dispute and the Board and the trustees of the Water Industry Superannuation Fund are deemed by virtue of this subsection to have entered into an agreement containing the matters determined by the Minister.

(7) The Board must transfer the assets specified in the agreement to the Water Industry Superannuation Fund.

(8) As soon as the assets specified in the agreement have been transferred the assets form part of the Water Industry Superannuation Fund.

(9) The Board is released from any liability in respect of the entitlements of transferred members as soon as the assets specified in the agreement have been transferred.

77 Provision relating to change of employment

(1) If a person to whom section 76 applies ceases to be an employee of a water authority so as to become an employee of another water authority, subject to section 22, the person becomes from the




124

date of commencement of employment with the other water authority a member of the Water Industry Superannuation Fund with a resignation benefit and a deferred retirement benefit entitlement calculated in accordance with subsection (2).

(2) The resignation benefit and deferred retirement benefit entitlement to the date of becoming a member of the Water Industry Superannuation Fund under this section are to be calculated in accordance with the State Employees Retirement Benefits Act 1979 and certified by an actuary appointed by the trustees of the Water 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.

78 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 76.

_______________

* * * * *


s. 78

Pt 6 (Heading and ss 79–83) inserted by No. 95/2000 s. 13, amended by No. 73/2001 s. 8(1), repealed by No. 94/2005 s. 35.



125

SCHEDULE 1

Section 40(1A)

LUMP SUM FACTORS

Column 1Age

Column 2Lump sum factor

Column 3Lump sum factor to be subtracted from factor in Column 2 for each additional completed month of age

$ c $ c50 15.20 0.033351 14.80 0.025052 14.50 0.025053 14.20 0.025054 13.90 0.025055 13.60 0.016756 13.40 0.016757 13.20 0.016758 13.00 0.016759 12.80 0.016760 12.60 0.016761 12.40 0.008362 12.30 0.008363 12.20 0.008364 12.10 0.008365 12.00

Note: The lump sum for any age over 65 years shall be determined by an actuary appointed by the Board.

_______________

Sch.inserted by No. 10258 s. 9(e), amended by No. 81/1988 s. 22(1)(f), re-numbered as Sch. 1 by No. 95/2000 s. 14(b).

Sch. 1Part IV—Pensions and Benefits


126

SCHEDULE 2

Australian Catholic University Limited

Deakin University

Federation University Australia

La Trobe University

Monash University

Royal Melbourne Institute of Technology

Swinburne University of Technology

The University of Melbourne

Victoria University ═══════════════

Sch. 2 inserted by No. 95/2000 s. 15, substituted by No. 73/2001 s. 8(2), amended by Nos 40/2005 s. 129(1), 50/2013 s. 12.

Sch. 2Part IV—Pensions and Benefits


127

ENDNOTES

1. General InformationThe State Employees Retirement Benefits Act 1979 was assented to on 20 December 1979 and came into operation as follows:

All of Act (except section 10) on 23 January 1980: Government Gazette 23 January 1980 page 335; section 10 was never proclaimed and was repealed by section 43(3) of No. 120/1994.

EndnotesPart IV—Pensions and Benefits


128

2. Table of AmendmentsThis Version incorporates amendments made to the State Employees Retirement Benefits Act 1979 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

State Employees Retirement Benefits (Amendment) Act 1980, No. 9400/1980 (as amended by No. 9549/1981)

Assent Date: 13.5.80Commencement Date: S. 2 on 23.1.80: s. 1(4); rest of Act on 13.5.80:

s. 1(3)Current State: All of Act in operation

State Employees Retirement Benefits (Eligibility) Act 1980, No. 9478/1980Assent Date: 23.12.80Commencement Date: 23.12.80Current State: All of Act in operation

State Employees Retirement Benefits (Amendment) Act 1981, No. 9657/1981Assent Date: 15.12.81Commencement Date: S. 11 on 1.1.81: s. 1(4); rest of Act on 15.12.81:

s. 1(3)Current State: All of Act in operation

State Employees Retirement Benefits (School Council Employees) Act 1982, No. 9752/1982

Assent Date: 13.7.82Commencement Date: 1.1.82: s. 1(3)Current State: All of Act in operation

Transport Act 1983, No. 9921/1983Assent Date: 23.6.83Commencement Date: S. 255(Sch. 12) on 1.7.83: s. 1(2)(c).Current State: This information relates only to the provision/s

amending the State Employees Retirement Benefits Act 1979

State Employees Retirement Benefits (Amendment) Act 1983, No. 9978/1983 (as amended by No. 10087/1984)

Assent Date: 29.11.83Commencement Date: S. 2 on 1.3.83: s. 1(4); rest of Act on 29.11.83:

Government Gazette 21.12.83 p. 4105Current State: All of Act in operation

Administrative Appeals Tribunal Act 1984, No. 10155/1984Assent Date: 20.11.84Commencement Date: S. 81 on 1.3.85: Government Gazette 30.1.85

p. 191Current State: This information relates only to the provision/s




129

Superannuation Schemes Amendment Act 1985, No. 10258/1985Assent Date: 10.12.85Commencement Date: Ss 8–11 on 1.1.86: Government Gazette 17.12.85



Borrowing and Investment Powers Act 1987, No. 13/1987Assent Date: 12.5.87Commencement Date: Pts 1, 3, ss 24, 26(2) on 14.10.87: Government

Gazette 14.10.87 p. 2712; rest of Act on 18.11.87: Government Gazette 18.11.87 p. 3138

Current State: All of Act in operation

Superannuation Schemes (Accident Compensation) Act 1987, No. 58/1987Assent Date: 27.10.87Commencement Date: Ss 10, 11 on 13.11.87: Government Gazette

11.11.87 p. 3008Current State: This information relates only to the provision/s


State Superannuation Act 1988, No. 50/1988 (as amended by No. 81/1988)Assent Date: 24.5.88Commencement Date: S. 93(1) on 1.7.88: Government Gazette 1.6.88



Superannuation Acts (Amendment) Act 1988, No. 81/1988Assent Date: 20.12.88Commencement Date: Ss 21, 22, 25 on 1.1.88: s. 2(1); ss 5, 10, 29, 31 on

1.7.88: s. 2(2); rest of Act on 20.12.88: s. 2(3)Current State: All of Act in operation

Accident Compensation (General Amendment) Act 1989, No. 64/1989Assent Date: 29.9.89Commencement Date: S. 36(3) on 1.7.90: Government Gazette 21.2.90



Superannuation Acts (Miscellaneous Amendments) Act 1990, No. 72/1990Assent Date: 4.12.90Commencement Date: S. 9 on 19.12.90: Government Gazette 19.12.90





130

Superannuation (Occupational Superannuation Standards) Act 1992, No. 49/1992

Assent Date: 30.6.92Commencement Date: 30.6.92: Special Gazette (No. 31) 30.6.92 p. 2Current State: All of Act in operation

Superannuation (Public Sector) Act 1992, No. 87/1992 (as amended by No. 97/1993)

Assent Date: 26.11.92Commencement Date: Ss 17–19 on 27.11.92: Special Gazette (No. 63)

27.11.92 p.1Current State: This information relates only to the provision/s


Superannuation (Compliance) Act 1993, No. 54/1993Assent Date: 8.6.93Commencement Date: S. 9 on 1.7.92: s. 2(2)Current State: This information relates only to the provision/s


Public Sector Superannuation (Administration) Act 1993, No. 110/1993Assent Date: 30.11.93Commencement Date: Ss 150–153 on 1.1.94: s. 2(6); ss 154, 155 on

30.11.93: s. 2(1)Current State: This information relates only to the provision/s


Medical Practice Act 1994, No. 23/1994Assent Date: 17.5.94Commencement Date: Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94:

Government Gazette 23.6.94 p. 1672Current State: All of Act in operation

Financial Management (Consequential Amendments) Act 1994, No. 31/1994Assent Date: 31.5.94Commencement Date: S. 4(Sch. 2 item 80) on 1.1.95: Government Gazette



Superannuation Acts (Further Amendment) Act 1994, No. 120/1994 (as amended by No. 102/1995)

Assent Date: 20.12.94Commencement Date: S. 46 on 1.1.94: s. 2(6); ss 39, 45, 47–50 on 1.7.94:

s. 2(7A); ss 40, 41, 43, 44, 51, 52 on 20.12.94: s. 2(1); s. 42 on 1.2.95: s. 2(9)

Current State: This information relates only to the provision/s amending the State Employees Retirement Benefits Act 1979



131

Superannuation Acts (General Amendment) Act 1995, No. 64/1995Assent Date: 27.6.95Commencement Date: S. 37 on 1.7.95: s. 2(2)Current State: This information relates only to the provision/s


Superannuation Acts (Miscellaneous Amendments) Act 1995, No. 102/1995Assent Date: 5.12.95Commencement Date: Ss 18–21 on 5.12.95: s. 2(1)Current State: This information relates only to the provision/s


Superannuation Acts (Amendment) Act 1996, No. 4/1996Assent Date: 18.6.96Commencement Date: S. 91(2) on 5.12.95: s. 2(6); s. 95(b) on 1.3.96: s. 2(9);

s. 105 on 1.5.96: s. 2(10); ss 91(1), 92, 93 on 31.5.96: s. 2(11); ss 94, 95(a), 96, 97, 100–102, 104 on 18.6.96: s. 2(1); ss 98, 99, 103 on 30.6.96: s. 2(12)


Superannuation Acts (Further Amendment) Act 1996, No. 82/1996Assent Date: 23.12.96Commencement Date: Ss 52–57 on 1.1.97: s. 2(4)Current State: This information relates only to the provision/s


Superannuation Acts (Miscellaneous Amendment) Act 1997, No. 50/1997Assent Date: 11.6.97Commencement Date: S. 11 on 11.6.97: s. 2(1)Current State: This information relates only to the provision/s


Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998Assent Date: 26.5.98Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)Current State: This information relates only to the provision/s


Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date: 2.6.98Commencement Date: S. 311(Sch. 1 item 83) on 1.7.98: Government Gazette





132

Superannuation Acts (Amendment) Act 1998, No. 84/1998Assent Date: 17.11.98Commencement Date: Ss 41–44 on 17.11.98: s. 2(1)Current State: This information relates only to the provision/s


Government Superannuation Act 1999, No. 8/1999Assent Date: 11.5.99Commencement Date: S. 50 on 1.7.99: s. 2(1)Current State: This information relates only to the provision/s


Public Sector Reform (Further Amendments) Act 1999, No. 12/1999Assent Date: 11.5.99Commencement Date: S. 4(Sch. 2 item 12) on 11.5.99: s. 2(1)Current State: This information relates only to the provision/s


Superannuation Acts (Further Amendment) Act 1999, No. 13/1999Assent Date: 11.5.99Commencement Date: Ss 10, 11 on 11.5.99: s. 2(1)Current State: This information relates only to the provision/s


Superannuation Acts (Amendment) Act 2000, No. 29/2000Assent Date: 30.5.00Commencement Date: Ss 12, 13 on 31.5.00: s. 2(1)Current State: This information relates only to the provision/s


Statute Law Revision Act 2000, No. 74/2000Assent Date: 21.11.00Commencement Date: S. 3(Sch. 1 item 115) on 22.11.00: s. 2(1)Current State: This information relates only to the provision/s


Superannuation Acts (Beneficiary Choice) Act 2000, No. 95/2000Assent Date: 5.12.00Commencement Date: Ss 13–15 on 6.12.00: s. 2(1); s. 16 on 1.7.01: s. 2(6)Current State: This information relates only to the provision/s




133

Statute Law Amendment (Relationships) Act 2001, No. 27/2001Assent Date: 12.6.01Commencement Date: S. 5(Sch. 3 item 4) on 23.8.01: Government Gazette



Unclaimed Moneys and Superannuation Legislation (Amendment) Act 2001, No. 73/2001

Assent Date: 7.11.01Commencement Date: S. 8 on 6.12.00: s. 2(2)Current State: This information relates only to the provision/s


Superannuation Acts (Family Law) Act 2003, No. 70/2003Assent Date: 14.10.03Commencement Date: S. 12 on 1.1.94: s. 2(3); s. 17(1) on 30.6.96: s. 2(2);

ss 13–16, 17(2)(3) on 15.10.03: s. 2(1)Current State: This information relates only to the provision/s


Treasury and Finance Legislation (Amendment) Act 2004, No. 40/2004Assent Date: 8.6.04Commencement Date: Ss 20–27 on 9.6.04: s. 2(1)Current State: This information relates only to the provision/s


Parliamentary Superannuation Legislation (Reform) Act 2004, No. 78/2004Assent Date: 9.11.04Commencement Date: Ss 12, 13 on 10.11.04: s. 2(1)Current State: This information relates only to the provision/s


Public Administration Act 2004, No. 108/2004Assent Date: 21.12.04Commencement Date: S. 117(1)(Sch. 3 item 186) on 5.4.05: Government

Gazette 31.3.05 p. 602Current State: This information relates only to the provision/s


Higher Education Acts (Amendment) Act 2005, No. 40/2005Assent Date: 27.7.05Commencement Date: S. 129(1) on 9.8.05: Special Gazette (No. 148) 9.8.05





134

Superannuation Legislation (Governance Reform) Act 2005, No. 94/2005Assent Date: 29.11.05Commencement Date: Ss 27–35 on 1.12.05: s. 2Current State: This information relates only to the provision/s


Health Professions Registration Act 2005, No. 97/2005Assent Date: 7.12.05Commencement Date: S. 182(Sch. 4 item 47) on 1.7.07: s. 2(3)Current State: This information relates only to the provision/s


Education and Training Reform Act 2006, No. 24/2006Assent Date: 16.5.06Commencement Date: S. 6.1.2(Sch. 7 item 37) on 1.7.07: Government

Gazette 28.6.07 p. 1304Current State: This information relates only to the provision/s


Superannuation Legislation Amendment (Contribution Splitting and Other Matters) Act 2007, No. 37/2007

Assent Date: 14.8.07Commencement Date: Ss 18–25 on 15.8.07: s. 2Current State: This information relates only to the provision/s


Relationships Act 2008, No. 12/2008Assent Date: 15.4.08Commencement Date: S. 73(1)(Sch. 1 item 57) on 1.12.08: s. 2(2)Current State: This information relates only to the provision/s


Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009Assent Date: 10.2.09Commencement Date: S. 37(Sch. 1 item 22) on 1.12.09: s. 2(2)Current State: This information relates only to the provision/s


Superannuation Legislation Amendment Act 2009, No. 38/2009Assent Date: 30.6.09Commencement Date: Ss 25–27 on 1.7.09: s. 2(1)Current State: This information relates only to the provision/s




135

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date: 30.3.10Commencement Date: S. 51(Sch. item 51) on 1.7.10: s. 2(2)Current State: This information relates only to the provision/s


Superannuation Legislation Amendment Act 2010, No. 40/2010Assent Date: 30.6.10Commencement Date: Ss 45–71 on 1.7.10: Government Gazette 1.7.10



Subordinate Legislation Amendment Act 2010, No. 78/2010 Assent Date: 19.10.10Commencement Date: S. 24(Sch. 1 item 28) on 1.1.11: s. 2(1)Current State: This information relates only to the provision/s




University of Ballarat Amendment (Federation University Australia) Act 2013, No. 50/2013

Assent Date: 10.9.13Commencement Date: S. 12 on 1.1.14: s. 2Current State: This information relates only to the provision/s


Superannuation Legislation Amendment Act 2013, No. 61/2013Assent Date: 22.10.13Commencement Date: Ss 17–19 on 1.7.14: s. 2(2)Current State: This information relates only to the provision/s




Assent Date: 27.6.14Commencement Date: S. 33(Sch. item 26) on 30.6.14: s. 2(5)

EndnotesEndnotesPart IV—Pensions and Benefits


136


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137

3. Explanatory Details



138

1 S. 2(1) def. of employee: Section 3(2)–(4) of the State Employees Retirement Benefits (Amendment) Act 1983, No. 9978/1983 reads as follows:

3Employees of the School of Mines and Industries Ballarat Ltd.

(2) Subsection (1) shall be deemed to have come into operation on 11 October 1983.

(3) The Principal Act shall apply to all those people employed by the Council of The School of Mines and Industries Ballarat Limited on 11 October 1983, who were not at 11 October 1983 eligible for membership of the State Superannuation Fund and who were not at 11 October 1983 members of the State Employees Retirement Benefits Fund, and who are persons employed pursuant to Awards of the Industrial Relations Commission of Victoria or Awards of the Australian Conciliation and Arbitration Commission as if they had been declared by the Order of the Governor in Council made pursuant to section 2 of the Principal Act on 11 October 1983 to be persons to whom the provisions of the State Employees Retirement Benefits Act 1979 shall apply.

(4) Notwithstanding the interpretation of joining date in section 2 of the Principal Act, a reference to joining date in respect of those employees of The School of Mines and Industries Ballarat Limited referred to in subsection (3) is a reference to 11 October 1983.

2 S. 20(1): Section 5 of the State Employees Retirement Benefits (Amendment) Act 1983, No. 9978/1983 reads as follows:

5Certain employees may make election

(1) Where at the commencement of this Act a person was not a contributor by reason only of being employed on a basis which required him to render service of less than one half the service of an ordinary employee, and who under the Principal Act as amended by this Act would but for the operation of this section be compelled to become a contributor, he may, within a period of three months from the commencement of this Act, elect not to become a contributor.

(2) Where at the commencement of this Act a person was not a contributor by reason only of—

(a) being employed on a basis which required him to render service of less than half the service of an ordinary employee; and

(b) not being a permanent employee within the meaning of the Principal Act—

and who under the Principal Act as amended by this Act and upon becoming a permanent employee within the meaning of the Principal Act would but for the operation of this section be compelled to become a contributor, he may, within a period of three months from the day of becoming a permanent employee, elect not to become a contributor.

(3) Where a person makes an election referred to in subsection (1) or (2), the Principal Act shall not apply to that person.

(4) Where a person referred to in subsection (1) or (2) does not elect not to become a contributor, his entitlement to benefits in respect of any period of service prior to the expiration of the four month period referred to in subsection (5) shall be determined in accordance with section 40(2) of the Principal Act.

(5) The contributions of a person referred to in subsection (1) or (2) who does not elect not to become a contributor shall be payable on and from the first pay day occurring four months after the commencement of this Act, or four months after he became a permanent employee (as the case requires).

3 S. 20(5): See note 4.

4 S. 44(1)(c): Section 17 of the State Employees Retirement Benefits (Amendment) Act 1983, No. 9978/1983 reads as follows:

17Saving provision

Notwithstanding anything contained in this Act a person who was entitled to a pension under section 44(1)(c) or section 45(1)(b) or section 47 of the Principal Act as in force immediately before the commencement of this Act shall so long as he is entitled to a pension under one of those sections be entitled to a pension at the rate that he would have been entitled to receive if this Act had not been passed.

5 S. 45(1)(b): See note 6.6 S. 47: See note 6.

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