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TASMANIA
__________
PUBLIC SECTOR SUPERANNUATION
(MISCELLANEOUS AMENDMENTS) BILL
(No. 2) 2004
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 INDUSTRIAL RELATIONS ACT 1984
AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 6 amended (Provisions relating to appointment of
Commissioners)
6. Section 6A inserted
6A. Superannuation entitlements of Commissioner
appointed on or after 15 May 1999
PART 3 PARLIAMENTARY PRIVILEGE ACT 1898
AMENDED
7. Principal Act
8. Section 2 amended (Interpretation)
9. Section 3A amended (Supplementary provisions relating
to officers)
[Bill 62]-IV
10. Section 4A inserted
4A. Superannuation entitlements of officers and
employees appointed on or after 15 May 1999
PART 4 PUBLIC SECTOR SUPERANNUATION
REFORM ACT 1999 AMENDED
11. Principal Act
12. Section 9 amended (Contents of Trust Deed)
13. Section 15A inserted
15A. Validation of notice
PART 5 RETIREMENT BENEFITS ACT 1993
AMENDED
14. Principal Act
15. Section 3 amended (Interpretation)
16. Section 5 amended (Objects of Act)
17. Sections 29H and 29J inserted
29H. Validation of certain decisions and payments
relating to invalidity
29J. Validation of notice
PART 6 RETIREMENT BENEFITS ACT 1993 FURTHER
AMENDED
18. Principal Act
19. Section 5 amended (Objects of Act)
PART 7 RETIREMENT BENEFITS REGULATIONS
1994 AMENDED
20. Principal Regulations
21. Regulation 96 amended (Power of Board to determine
invalidity)
PART 8 RETIREMENT BENEFITS REGULATIONS
1994 FURTHER AMENDED
22. Principal Regulations
23. Regulation 3 amended (Interpretation)
2
PUBLIC SECTOR SUPERANNUATION
(MISCELLANEOUS AMENDMENTS) BILL
(No. 2) 2004
(Brought in by the Minister for Finance, the Honourable
James Glennister Cox)
A BILL FOR
An Act to make miscellaneous amendments to the
law relating to superannuation in the public sector
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Public Sector
Superannuation (Miscellaneous Amendments) Act (No. 2)
2004.
Commencement
2. (1) Subject to this section, this Act commences on the
day on which this Act receives the Royal Assent.
(2) Parts 2 and 3 are taken to have commenced on
15 May 1999.
[Bill 62] 3
s. 2 No. Public Sector Superannuation 2004
(Miscellaneous Amendments) (No. 2)
(3) Parts 6 and 8 commence on a day to be
proclaimed.
4
2004 Public Sector Superannuation No. s. 3
(Miscellaneous Amendments) (No. 2)
PART 2 INDUSTRIAL RELATIONS ACT 1984
AMENDED
Principal Act
3. In this Part, the Industrial Relations Act 1984* is
referred to as the Principal Act.
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended as follows:
(a) by inserting the following definition before the
definition of "adult":
"accumulation scheme" means the
accumulation scheme as defined in
the Public Sector Superannuation
Reform Act 1999;
(b) by inserting the following definition after the
definition of "Commonwealth Act":
"complying superannuation
scheme" means a complying
superannuation scheme as defined
in the Public Sector
Superannuation Reform Act 1999;
Section 6 amended (Provisions relating to
appointment of Commissioners)
5. Section 6(5) of the Principal Act is amended by omitting
paragraph (a) and substituting the following paragraph:
*No. 21 of 1984
5
s. 6 No. Public Sector Superannuation 2004
(Miscellaneous Amendments) (No. 2)
(a) the Retirement Benefits Act 1993 or, if
appointed on or after 15 May 1999, the Public
Sector Superannuation Reform Act 1999; and
Section 6A inserted
6. After section 6 of the Principal Act, the following
section is inserted in Division 1:
Superannuation entitlements of Commissioner
appointed on or after 15 May 1999
6A. (1) This section applies in respect of a person
appointed as a Commissioner on or after
15 May 1999 who was not, immediately before his or
her appointment, a contributor to the contributory
scheme provided by the Retirement Benefits
Regulations 1994.
(2) Where a person was appointed as a
Commissioner on or after 15 May 1999 and before
25 April 2000
(a) he or she is not eligible to become a
member of the contributory scheme
provided by the Retirement Benefits
Regulations 1994; and
(b) references to an employee in the Public
Sector Superannuation Reform Act 1999
are to be read as including references to
a Commissioner; and
(c) the rate of contributions to be made in
respect of the Commissioner is the
relevant rate specified in regulation 46
of the Retirement Benefits Regulations
1994 or section 6(7) of the Public Sector
6
2004 Public Sector Superannuation No. s. 6
(Miscellaneous Amendments) (No. 2)
Superannuation Reform Act 1999, as
may be appropriate; and
(d) on and after 25 April 2000, all such
contributions are to be paid into a
complying superannuation scheme
nominated by the Commissioner in
accordance with subsection (4) or, if no
such nomination is made, into the
accumulation scheme.
(3) Where a person is appointed as a
Commissioner on or after 25 April 2000
(a) he or she is not eligible to become a
member of the contributory scheme
provided by the Retirement Benefits
Regulations 1994; and
(b) subject to subsection (4), he or she is to
be a member of the accumulation
scheme; and
(c) references to an employee in the Public
Sector Superannuation Reform Act 1999
are to be read as including references to
a Commissioner; and
(d) the rate of contributions to be made in
respect of the Commissioner is the
relevant rate specified in section 6(7) of
the Public Sector Superannuation
Reform Act 1999.
(4) A Commissioner may elect, either before or
after commencing the duties of that office, to become
a member of a complying superannuation scheme
that is not the accumulation scheme.
7
s. 6 No. Public Sector Superannuation 2004
(Miscellaneous Amendments) (No. 2)
(5) If a Commissioner has become a member of
a complying superannuation scheme that is not the
accumulation scheme, he or she may at any time
elect to become a member of the accumulation
scheme.
(6) Where a Commissioner elects to become a
member of a complying superannuation scheme that
is not the accumulation scheme, the Secretary must,
on being satisfied after making reasonable inquiries
that the nominated scheme is a complying
superannuation scheme, make contributions
(a) at the relevant rate specified in section
6(7) of the Public Sector Superannuation
Reform Act 1999; and
(b) in the manner required by the rules of
that scheme.
(7) An election under this section is to be
made in writing to the Secretary.
(8) Where an election is made under
subsection (4), the Secretary is not required to pay
superannuation contributions into a complying
superannuation scheme if that scheme does not
accept payment by electronic funds transfer.
8
2004 Public Sector Superannuation No. s. 7
(Miscellaneous Amendments) (No. 2)
PART 3 PARLIAMENTARY PRIVILEGE ACT 1898
AMENDED
Principal Act
7. In this Part, the Parliamentary Privilege Act 1898* is
referred to as the Principal Act.
Section 2 amended (Interpretation)
8. Section 2 of the Principal Act is amended as follows:
(a) by inserting the following definitions before
the definition of "the President":
"accumulation scheme" means the
accumulation scheme as defined in
the Public Sector Superannuation
Reform Act 1999;
"complying superannuation
scheme" means a complying
superannuation scheme as defined
in the Public Sector
Superannuation Reform Act 1999;
(b) by inserting the following definition after the
definition of "the President":
"Secretary" means the Secretary of the
Department;
*No. 30 of 1898
9
s. 9 No. Public Sector Superannuation 2004
(Miscellaneous Amendments) (No. 2)
Section 3A amended (Supplementary provisions
relating to officers)
9. Section 3A(3) of the Principal Act is amended by
inserting "or, if appointed on or after 15 May 1999, the
Public Sector Superannuation Reform Act 1999" after
"Retirement Benefits Act 1993".
Section 4A inserted
10. After section 4 of the Principal Act, the following
section is inserted:
Superannuation entitlements of officers and
employees appointed on or after 15 May 1999
4A. (1) This section applies in respect of a person
appointed as an officer under section 3 or as a
sessional or temporary employee under section 4 if
in either case he or she was appointed on or after
15 May 1999 and was not, immediately before his or
her appointment, a contributor to the contributory
scheme provided by the Retirement Benefits
Regulations 1994.
(2) Where a person is appointed as an officer
or as a sessional or temporary employee on or after
15 May 1999 and before 25 April 2000
(a) he or she is not eligible to become a
member of the contributory scheme
provided by the Retirement Benefits
Regulations 1994; and
(b) references to an employee in the Public
Sector Superannuation Reform Act 1999
are to be read as including references to
an officer or a sessional or temporary
employee; and
10
2004 Public Sector Superannuation No. s. 10
(Miscellaneous Amendments) (No. 2)
(c) the rate of contributions to be made in
respect of the officer or sessional or
temporary employee is the relevant rate
specified in regulation 46 of the
Retirement Benefits Regulations 1994 or
section 6(7) of the Public Sector
Superannuation Reform Act 1999, as
may be appropriate; and
(d) on and after 25 April 2000, all such
contributions are to be paid into a
complying superannuation scheme
nominated by the officer or sessional or
temporary employee in accordance with
subsection (4) or, if no such nomination
is made, into the accumulation scheme.
(3) Where a person is appointed as an officer
or sessional or temporary employee on or after
25 April 2000
(a) he or she is not eligible to become a
member of the contributory scheme
provided by the Retirement Benefits
Regulations 1994; and
(b) subject to subsection (4), he or she is to
be a member of the accumulation
scheme; and
(c) references to an employee in the Public
Sector Superannuation Reform Act 1999
are to be read as including references to
an officer or sessional or temporary
employee; and
(d) the rate of contributions to be made in
respect of the officer or sessional or
temporary employee is the relevant rate
11
s. 10 No. Public Sector Superannuation 2004
(Miscellaneous Amendments) (No. 2)
specified in section 6(7) of the Public
Sector Superannuation Reform Act 1999.
(4) An officer or sessional or temporary
employee may elect, either before or after
commencing the duties of his or her office as such, to
become a member of a complying superannuation
scheme that is not the accumulation scheme.
(5) If an officer or sessional or temporary
employee has become a member of a complying
superannuation scheme that is not the accumulation
scheme, he or she may at any time elect to become a
member of the accumulation scheme.
(6) Where an officer or sessional or temporary
employee elects to become a member of a complying
superannuation scheme that is not the accumulation
scheme, the Secretary must, on being satisfied after
making reasonable inquiries that the nominated
scheme is a complying superannuation scheme,
make contributions
(a) at the relevant rate specified in section
6(7) of the Public Sector Superannuation
Reform Act 1999; and
(b) in the manner required by the rules of
that scheme.
(7) An election under this section is to be
made in writing to the Secretary.
(8) Where an election is made under
subsection (4), the Secretary is not required to pay
superannuation contributions into a complying
superannuation scheme if that scheme does not
accept payment by electronic funds transfer.
12
2004 Public Sector Superannuation No. s. 11
(Miscellaneous Amendments) (No. 2)
PART 4 PUBLIC SECTOR SUPERANNUATION
REFORM ACT 1999 AMENDED
Principal Act
11. In this Part, the Public Sector Superannuation Reform
Act 1999* is referred to as the Principal Act.
Section 9 amended (Contents of Trust Deed)
12. Section 9(1)(h) of the Principal Act is amended by
inserting ", market linked income streams" after
"pensions".
Section 15A inserted
13. After section 15 of the Principal Act, the following
section is inserted in Part 4:
Validation of notice
15A. The notice by the Treasurer published in the
Gazette on 22 September 1999 declaring that this
Act applies to the authorities specified in the notice
is taken to have applied, with effect from
15 May 1999, to each of the joint authorities, State-
owned companies, Agencies or parts of Agencies
specified in that notice and to have had effect as if
(a) the reference to the Royal Tasmanian
Botanical Gardens were a reference to
the board of trustees under the
Botanical Gardens Act 1950 or the
Botanical Gardens Board under the
*No. 19 of 1999
13
s. 13 No. Public Sector Superannuation 2004
(Miscellaneous Amendments) (No. 2)
Royal Tasmanian Botanical Gardens Act
2002, as may be appropriate; and
(b) the reference to Marine and Safety
Tasmania were a reference to the
Marine and Safety Authority; and
(c) the reference to the Port Arthur
Historical Site Management Authority
were a reference to the Port Arthur
Historic Site Management Authority.
14
2004 Public Sector Superannuation No. s. 14
(Miscellaneous Amendments) (No. 2)
PART 5 RETIREMENT BENEFITS ACT 1993
AMENDED
Principal Act
14. In this Part, the Retirement Benefits Act 1993* is
referred to as the Principal Act.
Section 3 amended (Interpretation)
15. Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after the
definition of "Actuary":
"Agency" means
(a) a Government department
or a statutory authority or
other organisation specified
in column 1 of Schedule 1 to
the State Service Act 2000;
or
(b) a prescribed authority that
is not such an organisation;
or
(c) the controlling authority of
any industry or undertaking
carried on by or on behalf of
the State; or
(d) where the services of a
prescribed authority are
*No. 103 of 1993
15
s. 16 No. Public Sector Superannuation 2004
(Miscellaneous Amendments) (No. 2)
transferred to another
person or organisation or
another prescribed
authority, the person,
organisation or authority
responsible for payment of
contributions to the Fund in
respect of
(i) contributors; or
(ii) other persons who
were eligible
employees within the
meaning of the
regulations as in force
before the
commencement of Part
5 of the Public Sector
Superannuation
(Miscellaneous
Amendments) Act (No.
2) 2004;
(b) by inserting the following definition after the
definition of "non-contributory scheme":
"prescribed authority" means an
authority, State-owned company,
Agency or part of an Agency to
which the regulations apply;
Section 5 amended (Objects of Act)
16. Section 5(1)(e) of the Principal Act is amended by
omitting "State authorities" and substituting "statutory
authorities".
16
2004 Public Sector Superannuation No. s. 17
(Miscellaneous Amendments) (No. 2)
Sections 29H and 29J inserted
17. After section 29G of the Principal Act, the following
sections are inserted in Part 4:
Validation of certain decisions and payments
relating to invalidity
29H. (1) Where, before the commencement of this
section
(a) a question had arisen under the
Retirement Benefits Regulations 1994 as
to whether
(i) a person was suffering from such
bodily infirmity, physical
incapacity or mental incapacity as
to be retired on the grounds of
invalidity; or
(ii) a person, who immediately before
1 July 1994 was a contributor
under the repealed Act, was not
suffering from bodily infirmity,
physical incapacity or mental
incapacity as to be retired on the
grounds of invalidity but was
suffering from incapacity or
infirmity as to be retired on the
grounds of partial and permanent
incapacity or infirmity; and
(b) the Board decided that it was unable to
determine the question on the ground
that the person to whom the question
related was no longer a contributor or
eligible employee
17
s. 17 No. Public Sector Superannuation 2004
(Miscellaneous Amendments) (No. 2)
that decision of the Board is taken to have been
validly made.
(2) Where the Board has, after 25 May 2004
and before 19 October 2004, made a determination
in respect of a question referred to in
subsection (1)(a) relating to any person who, at the
time of the determination, was not in the
employment of an Agency
(a) that determination is taken to have been
validly made; and
(b) any benefit paid as a consequence of
that determination is taken to have been
validly paid.
Validation of notice
29J. (1) The notice by the Treasurer published in
the Gazette on 22 September 1999 declaring that the
Retirement Benefits Regulations 1994 apply to the
authorities specified in the notice is taken to have
applied as provided by those regulations, and with
effect from 15 May 1999, to
(a) each of the joint authorities, State-
owned companies, Agencies or parts of
Agencies specified in that notice; and
(b) their employees and former employees
and in so applying to have effect as if
(c) the reference to the Royal Tasmanian
Botanical Gardens were a reference to
the board of trustees under the
Botanical Gardens Act 1950 or the
Botanical Gardens Board under the
Royal Tasmanian Botanical Gardens Act
2002, as may be appropriate; and
18
2004 Public Sector Superannuation No. s. 17
(Miscellaneous Amendments) (No. 2)
(d) the reference to the Regional Water
Authority were a reference to the Hobart
Regional Water Authority; and
(e) the reference to Marine and Safety
Tasmania were a reference to the
Marine and Safety Authority; and
(f) the reference to the Port Arthur
Historical Site Management Authority
were a reference to the Port Arthur
Historic Site Management Authority.
(2) This section expires on a date to be fixed
by the Minister by notice published in the Gazette.
19
s. 18 No. Public Sector Superannuation 2004
(Miscellaneous Amendments) (No. 2)
PART 6 RETIREMENT BENEFITS ACT 1993
FURTHER AMENDED
Principal Act
18. In this Part, the Retirement Benefits Act 1993* is
referred to as the Principal Act.
Section 5 amended (Objects of Act)
19. Section 5 of the Principal Act is amended as follows:
(a) by inserting the following paragraph after
paragraph (e) in subsection (1):
(ea) persons employed by a joint
authority, State-owned company,
Agency or part of an Agency as
provided by a notice published by
the Minister under
subsection (1A); and
(b) by omitting from subsection (1)(f)
"paragraph (a), (b), (c), (d) or (e)" and
substituting "paragraph (a), (b), (c), (d), (e) or
(ea)";
(c) by inserting the following subsections after
subsection (1):
(1A) The Minister may, by notice
published in the Gazette, declare that this Act
applies to
*No. 103 of 1993
20
2004 Public Sector Superannuation No. s. 19
(Miscellaneous Amendments) (No. 2)
(a) a joint authority under section 30
of the Local Government Act 1993;
or
(b) a State-owned company; or
(c) a specified Agency or part of an
Agency which maintains its own
superannuation provisions for all
or any of its employees; or
(d) the employees or former
employees of any such authority,
company, Agency or part of an
Agency or a class of any such
employees or any such former
employees; or
(e) any other specified body or
organisation.
(1B) A notice under subsection (1A) may
amend or revoke a notice made under
regulation 3(5) of the Retirement Benefits
Regulations 1994 before the commencement of
Part 6 of the Public Sector Superannuation
(Miscellaneous Amendments) Act (No. 2) 2004.
21
s. 20 No. Public Sector Superannuation 2004
(Miscellaneous Amendments) (No. 2)
PART 7 RETIREMENT BENEFITS REGULATIONS
1994 AMENDED
Principal Regulations
20. In this Part, the Retirement Benefits Regulations
1994* are referred to as the Principal Regulations.
Regulation 96 amended (Power of Board to
determine invalidity)
21. Regulation 96 of the Principal Regulations is amended
by inserting after subregulation (6) the following
subregulation:
(7) Subject to regulation 102, the Board may
make a determination under this regulation in
respect of a question arising under
subregulation (1)(a) or (b) only where the employee
to whom the question relates is at the time of the
determination in the employment of an Agency.
*S.R. 1994, No. 83
22
2004 Public Sector Superannuation No. s. 22
(Miscellaneous Amendments) (No. 2)
PART 8 RETIREMENT BENEFITS REGULATIONS
1994 FURTHER AMENDED
Principal Regulations
22. In this Part, the Retirement Benefits Regulations
1994* are referred to as the Principal Regulations.
Regulation 3 amended (Interpretation)
23. Regulation 3 of the Principal Regulations is amended
as follows:
(a) by omitting "subregulation (5)" from the
definition of "prescribed authority" in
subregulation (1) and substituting "section
5(1A) or 29J of the Act";
(b) by omitting subregulation (5).
*S.R. 1994, No. 83
Government Printer, Tasmania 23