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TASMANIA
__________
PUBLIC SECTOR SUPERANNUATION
(MISCELLANEOUS AMENDMENTS) BILL 2005
__________
CONTENTS
1. Short title
2. Commencement
3. Miscellaneous Amendments
Schedule 1 Miscellaneous Amendments
[Bill 79]-IV
2
PUBLIC SECTOR SUPERANNUATION
(MISCELLANEOUS AMENDMENTS) BILL 2005
(Brought in by the Minister for Finance, the Honourable
James Glennister Cox)
A BILL FOR
An Act to amend 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:
1. Short title
This Act may be cited as the Public Sector
Superannuation (Miscellaneous Amendments)
Act 2005.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Miscellaneous Amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
[Bill 79] 3
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
SCHEDULE 1 MISCELLANEOUS AMENDMENTS
Section 3
Children, Young Persons and Their Families Act 1997
1. Schedule 1 is amended as follows:
(a) by omitting the definition of
"contributory scheme" from clause 1 and
substituting the following definitions:
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth.
(b) by inserting in clause 2(4) "an RSA or"
after "member of";
(c) by omitting subclause (7) from clause 2
and substituting the following subclause:
(7) If the Commissioner has become
a member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
4
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
Director of Public Prosecutions Act 1973
1. Section 2 is amended as follows:
(a) by inserting the following definition after
the definition of "complying
superannuation scheme":
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
(b) by inserting the following definition after
the definition of "RBF Board":
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
2. Section 5A(2A)(b) is amended by inserting "an
RSA or" after "to".
3. Section 8A is amended as follows:
(a) by omitting from subsection (1)(a)
"established by the regulations under the
Retirement Benefits Act 1993";
(b) by omitting from subsection (2)(a)
"provided by those regulations";
5
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
(c) by omitting paragraphs (b) and (c) from
subsection (2) and substituting the
following paragraph:
(b) references to an employee in the
Public Sector Superannuation
Reform Act 1999 are to be read as
including references to the
Director; and
(d) by omitting paragraph (e) from
subsection (2) and substituting the
following paragraph:
(e) all such contributions are to be
paid into an RSA, or a complying
superannuation scheme,
nominated by the Director in
accordance with subsection (4)
or, if no such nomination is made,
into the accumulation scheme.
(e) by omitting from subsection (3)(a)
"provided by the regulations under the
Retirement Benefits Act 1993";
(f) by inserting in subsection (4) "an RSA
or" after "member of";
(g) by omitting from subsection (4) "the
non-contributory scheme referred to in
subsection (2) or";
(h) by omitting subsection (4A);
(i) by inserting in subsection (5) "an RSA
or" after "has become a member of";
(j) by omitting from subsection (5) "the
non-contributory scheme or";
6
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
(k) by omitting from subsection (5) "at any
time elect" and substituting "may elect at
any time while holding office as such";
(l) by omitting from subsection (6) "the
non-contributory scheme referred to in
subsection (2) or";
(m) by inserting the following subsection
after subsection (6):
(6A) Where the Director elects to
become a member of an RSA, the
Secretary must make
contributions to that RSA at the
rate of 9% of the salary
determined in accordance with
section 5A(2).
4. Section 13(2) is amended by omitting
"established by the regulations under the
Retirement Benefits Act 1993".
Financial Management and Audit Act 1990
1. Section 32 is amended as follows:
(a) by omitting the definition of
"contributory scheme" from subsection
(1) and substituting the following
definitions:
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
7
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
Retirement Benefits Regulations
2005;
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
(b) by inserting in subsection (4B) "an RSA
or" after "member of";
(c) by inserting the following subsection
after subsection (4B):
(4BA) If the Auditor-General has
become a member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(d) by inserting in subsection (4D) ", (4BA)"
after "(4B)";
(e) by omitting subsection (4E).
Forestry Act 1920
1. Section 4(1) is amended as follows:
(a) by omitting the definition of
"contributory scheme" and substituting
the following definition:
8
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
(b) by inserting the following definition after
the definition of "Resource Planning and
Development Commission":
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
2. Section 12M is amended as follows:
(a) by inserting in subsection (6B) "an RSA
or" after "member of";
(b) by inserting the following subsection
after subsection (6B):
(6BA) If the chief executive officer has
become a member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(c) by omitting subsection (6E).
3. Clause 2 of Schedule 2 is amended as follows:
9
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
(a) by inserting in subclause (4) "an RSA or"
after "member of";
(b) by inserting the following subclause after
subclause (4):
(4A) If a director has become a
member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(c) by omitting subclause (6).
Government Business Enterprises Act 1995
1. Section 18 is amended as follows:
(a) by omitting the definition of
"contributory scheme" from subsection
(1) and substituting the following
definitions:
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth.
10
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
(b) by inserting in subsection (4B) "an RSA
or" after "member of";
(c) by inserting the following subsection
after subsection (4B):
(4BA) If the chief executive officer has
become a member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(d) by inserting in subsection (4D) ", (4BA)"
after "(4B)";
(e) by omitting subsection (4E).
Governor of Tasmania Act 1982
1. Section 3(1) is amended as follows:
(a) by omitting the definition of
"contributory scheme" and substituting
the following definition:
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
(b) by inserting the following definition after
the definition of "RBF Board":
11
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
2. Section 4(2)(b) is amended by inserting "an RSA
or" after "to".
3. Section 6D is amended as follows:
(a) by omitting subsection (2);
(b) by omitting from subsection (3)(a)
"provided by the regulations under the
Retirement Benefits Act 1993";
(c) by inserting in subsection (4) "an RSA
or" after "member of";
(d) by omitting from subsection (4) "the
non-contributory scheme referred to in
subsection (2) or";
(e) by inserting in subsection (5) "an RSA
or" after "has become a member of";
(f) by omitting from subsection (5) "the
non-contributory scheme or";
(g) by omitting from subsection (5) "at any
time elect" and substituting "elect at any
time while holding office as such";
(h) by omitting from subsection (6) "the
non-contributory scheme referred to in
subsection (2) or";
12
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
(i) by inserting the following subsection
after subsection (6):
(6A) Where the Governor elects to
become a member of an RSA, the
Secretary must make
contributions to that RSA at the
rate of 9% of the salary
determined in accordance with
section 4(1).
(j) by omitting subsection (8).
4. Section 8 is amended as follows:
(a) by inserting in subsection (6) "an RSA
or" after "member of";
(b) by inserting in subsection (7) "an RSA
or" after "member of";
(c) by omitting from subsection (9)
"Subsections (4), (5), (6), (7) and (8)"
and substituting "Subsections (4), (5),
(6), (7), (8) and (10)";
(d) by omitting subsections (10) and (11)
and substituting the following
subsection:
(10) Where the Official Secretary has
elected under subsection (6) or an
officer has elected under
subsection (7) to become a
member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
13
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
may elect, at any time while
holding office as such, to become
a member of the accumulation
scheme.
5. Section 9 is amended as follows:
(a) by inserting in subsection (6) "an RSA
or" after "member of";
(b) by omitting from subsection (8)
"Subsections (4), (5), (6) and (7)" and
substituting "Subsections (4), (5), (6), (7)
and (9)";
(c) by omitting subsection (9) and
substituting the following subsection:
(9) Where a person appointed or
employed under subsection (1)
elects to become a member of an
RSA or a complying
superannuation scheme that is not
the accumulation scheme, he or
she may elect, at any time while
holding office as such, to become
a member of the accumulation
scheme.
Health Complaints Act 1995
1. Schedule 3 is amended as follows:
(a) by omitting the definition of
"contributory scheme" from clause 1 and
substituting the following definitions:
14
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth.
(b) by inserting in clause 2(6) "an RSA or"
after "member of";
(c) by inserting the following subclause after
subclause (6) in clause 2:
(6A) If the Commissioner has become
a member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(d) by inserting in clause 2(8) ", (6A)" after
"(6)";
(e) by omitting subclause (9) from clause 2.
Hobart Regional Water (Arrangements) Act 1996
1. Section 11 is amended as follows:
15
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
(a) by omitting subsections (1), (2), (3) and
(4) and substituting the following
subsection:
(1) A person who before the day on
which the Retirement Benefits
Regulations 2005 took effect was
taken to be a contributor, within
the meaning of the Retirement
Benefits Regulations 1994, by
reason of this section as in force
immediately before the
commencement of the Public
Sector Superannuation
(Miscellaneous Amendments) Act
2005 is taken on and after that
day to be a contributor, within the
meaning of the Retirement
Benefits Regulations 2005.
(b) by omitting subsection (7).
Industrial Relations Act 1984
1. Section 3(1) is amended as follows:
(a) by inserting the following definition after
the definition of "conditions of
employment":
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
(b) by inserting the following definition after
the definition of "regulations":
16
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
2. Section 6A is amended as follows:
(a) by omitting from subsection (1)
"provided by the Retirement Benefits
Regulations 1994";
(b) by omitting from subsection (2)(a)
"provided by the Retirement Benefits
Regulations 1994";
(c) by omitting from subsection (2)(c)
"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
substituting "section 6(7) of the Public
Sector Superannuation Reform Act
1999";
(d) by inserting in subsection (2)(d) "an RSA
or" after "paid into";
(e) by omitting from subsection (3)(a)
"provided by the Retirement Benefits
Regulations 1994";
(f) by inserting in subsection (4) "an RSA
or" after "member of";
(g) by inserting in subsection (5) "an RSA
or" after "has become a member of";
17
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
(h) by omitting from subsection (5) "at any
time elect" and substituting "elect at any
time while holding office as such";
(i) by omitting subsection (8).
Inland Fisheries Act 1995
1. Section 3(1) is amended as follows:
(a) by omitting the definition of
"contributory scheme" and substituting
the following definition:
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
(b) by inserting the following definition after
the definition of "river":
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
2. Section 11 is amended as follows:
(a) by inserting in subsection (4) "an RSA
or" after "member of";
(b) by inserting the following subsection
after subsection (4):
18
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
(4A) If the Director has become a
member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(c) by inserting in subsection (6) ", (4A)"
after "(4)";
(d) by omitting subsection (7).
Judges' Contributory Pensions Act 1968
1. After section 13A, the following section is
inserted:
13B. Requirement for minimum benefit
A benefit payable under this Act must
contain an employer component that is at
least the minimum benefit that satisfies
the requirements of the Superannuation
Guarantee (Administration) Act 1992 of
the Commonwealth.
Legal Aid Commission Act 1990
1. Section 10A is amended as follows:
(a) by omitting the definition of
"contributory scheme" from subsection
(1) and substituting the following
definitions:
19
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth.
(b) by inserting in subsection (3) "an RSA
or" after "member of";
(c) by inserting the following subsection
after subsection (3):
(3A) If a Commissioner has become a
member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(d) by inserting in subsection (5) ", (3A)"
after "(3)";
(e) by omitting subsection (6).
Liquor Licensing Act 1990
1. Section 207 is amended as follows:
(a) by omitting the definition of
"contributory scheme" from subsection
20
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
(1) and substituting the following
definitions:
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
(b) by inserting in subsection (8) "an RSA
or" after "member of";
(c) by inserting the following subsection
after subsection (8):
(8A) If the Commissioner has become
a member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(d) by inserting in subsection (10) ", (8A)"
after "(8)";
(e) by omitting subsection (11).
Magistrates Court Act 1987
1. Section 3 is amended as follows:
21
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
(a) by omitting the definition of
"contributory scheme" and substituting
the following definition:
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
(b) by inserting the following definition after
the definition of "the regulations":
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
2. Section 4 is amended as follows:
(a) by inserting in subsection (7) "an RSA
or" after "member of";
(b) by inserting the following subsection
after subsection (7):
(7A) If a magistrate has become a
member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(c) by inserting in subsection (9) ", (7A)"
after "(7)";
22
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
(d) by omitting subsection (10).
Northern Regional Water (Arrangements) Act 1997
1. Section 15 is amended by omitting subsections
(1), (2), (3), (4) and (5) and substituting the
following subsection:
(1) A person who before the day on which
the Retirement Benefits Regulations 2005
took effect was taken to be a contributor,
within the meaning of the Retirement
Benefits Regulations 1994, by reason of
this section as in force immediately
before the commencement of the Public
Sector Superannuation (Miscellaneous
Amendments) Act 2005 is taken on and
after that day to be a contributor, within
the meaning of the Retirement Benefits
Regulations 2005.
Nursing Act 1995
1. Section 13 is amended as follows:
(a) by omitting the definition of
"contributory scheme" from subsection
(1) and substituting the following
definitions:
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
23
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth.
(b) by inserting in subsection (9) "an RSA
or" after "member of";
(c) by inserting the following subsection
after subsection (9):
(9A) If a member or employee has
become a member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(d) by inserting in subsection (11) ", (9A)"
after "(9)";
(e) by omitting subsection (12).
Ombudsman Act 1978
1. Section 5 is amended as follows:
(a) by omitting the definition of
"contributory scheme" from subsection
(1) and substituting the following
definitions:
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
24
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
Retirement Benefits Regulations
2005;
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
(b) by inserting in subsection (10) "an RSA
or" after "member of";
(c) by inserting the following subsection
after subsection (10):
(10A) If the Ombudsman has become a
member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(d) by inserting in subsection (12) ", (10A)"
after "(10)";
(e) by omitting subsection (13).
Parliamentary Privilege Act 1898
1. Section 2 is amended as follows:
(a) by inserting the following definition after
the definition of "complying
superannuation scheme":
25
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
(b) by inserting the following definition after
the definition of "relevant officer":
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
2. Section 4A is amended as follows:
(a) by omitting from subsection (1)
"provided by the Retirement Benefits
Regulations 1994";
(b) by omitting from subsection (2)(a)
"provided by the Retirement Benefits
Regulations 1994";
(c) by omitting from subsection (2)(c)
"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
substituting "section 6(7) of the Public
Sector Superannuation Reform Act
1999";
(d) by inserting in subsection (2)(d) "an RSA
or" after "paid into";
(e) by inserting in subsection (4) "an RSA
or" after "member of";
26
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
(f) by inserting in subsection (5) "an RSA
or" after "has become a member of";
(g) by omitting from subsection (5) "at any
time elect" and substituting "elect at any
time while holding office as such";
(h) by inserting the following subsection
after subsection (6):
(6A) If an officer or sessional or
temporary employee has become
a member of an RSA, the relevant
officer must make contributions
to that RSA at the relevant rate
specified in section 6(7) of the
Public Sector Superannuation
Reform Act 1999.
(i) by omitting subsection (8).
Parliamentary Salaries, Superannuation and Allowances Act
1973
1. Section 3(1) is amended as follows:
(a) by inserting the following definition after
the definition of "complying
superannuation scheme":
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
(b) by inserting the following definition after
the definition of "relevant officer":
27
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
2. Clause 10A of Part IV of Schedule 1 is amended
as follows:
(a) by inserting in subclause (1)(b) "an RSA
or" after "to";
(b) by omitting from subclause (2)(a)
"Parliamentary Superannuation Act
1973 or the Parliamentary Retiring
Benefits Act 1985" and substituting
"Retirement Benefits (Parliamentary
Superannuation) Regulations 2002";
(c) by omitting from subclause (2) "either of
those Acts" and substituting "those
regulations";
(d) by omitting from subclause (3)(b)
"Parliamentary Superannuation Act
1973 or the Parliamentary Retiring
Benefits Act 1985" and substituting
"Retirement Benefits (Parliamentary
Superannuation) Regulations 2002".
3. Clause 1 of Schedule 3 is amended as follows:
(a) by omitting from subclause (1)
"Parliamentary Superannuation Act
1973 or the Parliamentary Retiring
Benefits Act 1985" and substituting
28
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
"Retirement Benefits (Parliamentary
Superannuation) Regulations 2002";
(b) by omitting from subclause (2)(a)
"established by the regulations under the
Retirement Benefits Act 1993";
(c) by omitting paragraphs (b) and (c) from
subclause (2) and substituting the
following paragraph:
(b) references to an employee in the
Public Sector Superannuation
Reform Act 1999 are to be read as
including references to the
member; and
(d) by omitting from subclause (2)(e)
"before the transfer day";
(e) by inserting in subclause (2)(e) "an RSA
or" after "paid into";
(f) by omitting from subclause (2)(e) "an
investment account established by the
regulations under the Retirement Benefits
Act 1993" and substituting "the
accumulation scheme";
(g) by omitting from subclause (3)(a)
"provided by the regulations under the
Retirement Benefits Act 1993";
(h) by inserting in subclause (4) "an RSA or"
after "of";
(i) by omitting from subclause (4) "the non-
contributory scheme referred to in
subclause (2) or";
29
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
(j) by omitting subclause (4A);
(k) by omitting subclause (5) and
substituting the following subclause:
(5) If the member has become a
member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(l) by omitting from subclause (6) "the non-
contributory scheme referred to in
subclause (2) or";
(m) by inserting the following subclause after
subclause (6):
(6A) Where the member has become a
member of an RSA, the relevant
officer must make contributions
to that RSA at the rate of 9% of
the parliamentary salary
determined in accordance with
section 4.
Pay-roll Tax Act 1971
1. Section 2(1B) is amended as follows:
(a) by omitting from paragraph (a) "Part 4 of
the Retirement Benefits Regulations
1994" and substituting "Part 5 of the
Retirement Benefits Regulations 2005";
30
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
(b) by omitting from paragraph (b) "Part 4 of
the Retirement Benefits Regulations
1994" and substituting "Part 5 of the
Retirement Benefits Regulations 2005";
(c) by omitting from paragraph (b) "time;
and" and substituting "time.";
(d) by omitting paragraph (c).
Private Forests Act 1994
1. Clause 2 of Schedule 2 is amended as follows:
(a) by omitting the definition of
"contributory scheme" from subclause
(1) and substituting the following
definitions:
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth.
(b) by inserting in subclause (5) "an RSA or"
after "member of";
(c) by inserting the following subclause after
subclause (5):
(5A) If a director has become a
member of an RSA or a
31
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(d) by omitting subclause (7).
Public Sector Superannuation Reform Act 1999
1. Section 3(1) is amended as follows:
(a) by omitting the definition of
"contributory scheme" and substituting
the following definition:
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
(b) by omitting the definition of "non-
contributory account";
(c) by omitting "Part 5 of the Principal
Regulations" from the definition of "non-
contributory scheme" and substituting
"Part 5 of the Retirement Benefits
Regulations 1994";
(d) by omitting "Retirement Benefits
Regulations 1994" from the definition of
"Principal Regulations" and substituting
"Retirement Benefits Regulations 2005";
32
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
(e) by inserting the following definition after
the definition of "Principal Regulations":
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
2. Section 4 is amended as follows:
(a) by omitting subsections (3) and (4);
(b) by omitting from subsection (5)
"regulation 23" and substituting
"regulation 30";
(c) by omitting subsection (6) and
substituting the following subsections:
(6) Notwithstanding subsection (1),
regulation 85(5) of the Principal
Regulations continues to apply in
respect of a person who is an
invalidity pensioner within the
meaning of the Principal
Regulations.
(7) Subsection (1) does not apply to a
person if the Board has certified
under the Principal Regulations
that a break in service does not
affect the continuity of his or her
service.
3. Section 5 is amended as follows:
(a) by omitting subsection (1);
33
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
(b) by omitting from subsection (2)
"Notwithstanding subsection (1), an" and
substituting "An".
4. Section 6 is amended as follows:
(a) by inserting in subsection (1) "an RSA
or" after "become a member of";
(b) by inserting in subsection (2) "an RSA
or" after "of";
(c) by inserting in subsection (3) "an RSA
or" after "has become a member of";
(d) by omitting subsection (5A) and
substituting the following subsection:
(5A) Notwithstanding subsection (5),
where an election is made under
this section, employer
contributions are to be calculated
by reference to the employee's
salary as defined by the Trust
Deed and in accordance with the
rate of those contributions
specified in that Deed.
(e) by inserting in subsection (5B) "an RSA
or" after "join";
(f) by inserting in subsection (6) "or another
complying superannuation scheme" after
"accumulation scheme";
(g) by inserting the following subsection
after subsection (6):
34
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
(6A) Where an employee elects to
become a member of an RSA, the
Agency manager on behalf of the
Agency must make employer
superannuation contributions to
that RSA as provided by
subsection (7).
(h) by omitting from subsection (8) "Parts 4
and 5" and substituting "Part 5".
5. Section 9 is amended as follows:
(a) by inserting in subsection (1)(k) "or an
RSA" after "superannuation scheme";
(b) by omitting from subsection (1A) "Part 5
of the Principal Regulations" and
substituting "the Retirement Benefits
Regulations 1994".
6. Section 10 is repealed and the following section
is substituted:
10. Effect of Trust Deed
The provisions of this Act and the Trust
Deed apply to the transferring member.
7. Section 13 is amended as follows:
(a) by inserting in subsection (1) "or an
RSA" after "superannuation scheme";
35
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
(b) by inserting in subsection (2) "or RSAs"
after "schemes".
Retirement Benefits (Parliamentary Superannuation)
Regulations 2002
1. Regulation 3 is amended as follows:
(a) by inserting the following definition after
the definition of "retiring benefit":
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
(b) by omitting "basis; and" from paragraph
(a) of the definition of "surviving
partner" and substituting "basis; or".
2. Regulation 24 is amended by omitting
subregulation (2) and substituting the following
subregulation:
(2) Subject to subregulation (3), the amount
to be preserved is to be transferred to an
account in the member's name in the
accumulation scheme, to a complying
superannuation scheme or to an RSA
nominated by the member.
3. Regulation 67 is amended by omitting
subregulation (2) and substituting the following
subregulation:
36
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
(2) Subject to subregulation (3), the amount
to be preserved is to be transferred to an
account in the member's name in the
accumulation scheme, to a complying
superannuation scheme or to an RSA
nominated by the member.
Retirement Benefits (State Fire Commission Superannuation
Scheme) Act 2005
1. Section 3 is amended by inserting after the
definition of "RBF Board" the following
definition:
"RSA" means a Retirement Savings Account
within the meaning of the Retirement
Savings Accounts Act 1997 of the
Commonwealth;
2. Section 10 is amended as follows:
(a) by inserting in subsection (1) "an RSA
or" after "member of";
(b) by inserting in subsection (2) "or RSAs"
after "schemes".
Retirement Benefits Act 1993
1. Section 3(1) is amended as follows:
(a) by omitting the definition of
"contributory scheme" and substituting
the following definition:
37
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
(b) by inserting the following definition after
the definition of "repealed Act":
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
2. Section 5(1A) is amended by omitting paragraph
(e) and substituting the following paragraph:
(e) any other specified body or organisation
or the employees or former employees of
any such body or organisation.
3. Section 27A(4) is amended by omitting "Fund"
and substituting "subfund to which the liability
relates".
4. Section 29B is amended as follows:
(a) by inserting in subsection (6) "an RSA
or" after "a member of";
(b) by omitting subsection (8).
5. After section 29J, the following section is
inserted in Part 4:
38
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
29K. Validation of certain actions and decisions of
Board relating to membership continuity
Where, during the period commencing
on 15 May 1999 and ending on the
commencement of the Public Sector
Superannuation (Miscellaneous
Amendments) Act 2005
(a) the Board has made any decision
allowing a member to maintain
continuity of membership in
respect of the whole or any part
of a break in service that occurred
during that period; and
(b) that decision purports to have
been made in accordance with the
regulations in force under this
Act at the time
that decision is taken to have been
validly made under those regulations.
Retirement Benefits Regulations 2005
1. Regulation 3(1) is amended by inserting after the
definition of "reversionary pension" the
following definition:
"RSA" means a Retirement Savings Account
within the meaning of the Retirement
Savings Accounts Act 1997 of the
Commonwealth;
2. Regulation 13 is amended as follows:
39
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
(a) by inserting in subregulation (5) "an
RSA or" after "member of";
(b) by inserting the following subregulation
after subregulation (5):
(5A) If the CEO has become a member
of an RSA or a complying
superannuation scheme that is not
the accumulation scheme, he or
she may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(c) by inserting in subregulation (7) ", (5A)"
after "(5)";
(d) by omitting subregulation (8).
3. Regulation 34(7)(b) is amended by inserting "an
RSA or" after "becomes a member of".
4. Regulation 62(5)(b) is amended by inserting ",
RSA" after "scheme".
5. Regulation 119 is rescinded and the following
regulation is substituted:
119. Broken service
(1) Where the service of a contributor is
broken for a period not exceeding
40
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
(a) 6 weeks as the result of the
resignation of that person from
employment in an Agency; or
(b) 3 months as the result of the
resignation of that person from
employment in an Agency on
becoming a candidate for election
as a member of a House of
Parliament; or
(c) 3 months for any other reason
and that person requests in writing to the
Board within 3 months after again
becoming a permanent employee or
being employed under a prescribed
contract of employment, the Board may
determine that the break does not affect
the continuity of that person's service.
(2) If the Board determines, under
subregulation (1), that the break does not
affect the continuity of that person's
service, that person may purchase the
period of service which, but for
subregulation (1), would have constituted
a break in his or her service as if it were
leave without pay under regulation 39(3)
or (4).
(3) This regulation has effect
notwithstanding any other provision of
these regulations.
41
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
Solicitor-General Act 1983
1. Section 3(1) is amended by inserting after the
definition of "regulations" the following
definition:
"RSA" means a Retirement Savings Account
within the meaning of the Retirement
Savings Accounts Act 1997 of the
Commonwealth;
2. Section 5(1A)(b) is amended by inserting "an
RSA or" after "to".
3. Section 9A is amended as follows:
(a) by omitting from subsection (1)(a)
"established" and substituting
"provided";
(b) by omitting subsection (2);
(c) by inserting in subsection (4) "an RSA
or" after "member of";
(d) by omitting from subsection (4) "the
non-contributory scheme referred to in
subsection (2) or";
(e) by inserting in subsection (5) "an RSA
or" after "has become a member of";
(f) by omitting from subsection (5) "the
non-contributory scheme or";
42
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
(g) by inserting the following subsection
after subsection (6):
(6A) Where the Solicitor-General
elects to become a member of an
RSA, the Secretary must make
contributions at the rate of 9% of
the salary determined in
accordance with section 5(1)(ab).
(h) by omitting subsection (8).
4. Schedule 1 is amended by inserting after clause
11 in Part 1 the following clause:
12. Requirement for minimum benefit
A benefit payable under this Schedule
must contain an employer component
that is at least the minimum benefit that
satisfies the requirements of the
Superannuation Guarantee
(Administration) Act 1992 of the
Commonwealth.
State Service Act 2000
1. Section 3(1) is amended as follows:
(a) by omitting the definition of
"contributory scheme" and substituting
the following definition:
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
43
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
Retirement Benefits Regulations
2005;
(b) by inserting the following definition after
the definition of "regulations":
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
2. Section 25 is amended as follows:
(a) by inserting in subsection (8) "an RSA
or" after "member of";
(b) by inserting the following subsections
after subsection (8):
(8A) If the Commissioner has become
a member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(8B) The Commissioner is entitled to
employer superannuation
contributions at the relevant rate
specified in section 6(7) of the
Public Sector Superannuation
Reform Act 1999.
(c) by omitting from subsection (9)
"Subsections (7) and (8)" and
44
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
substituting "Subsections (7), (8), (8A)
and (8B)".
3. Section 31 is amended as follows:
(a) by inserting in subsection (8) "an RSA
or" after "member of";
(b) by inserting the following subsections
after subsection (8):
(8A) If an officer has become a
member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(8B) An officer is entitled to employer
superannuation contributions at
the relevant rate specified in
section 6(7) of the Public Sector
Superannuation Reform Act 1999.
(c) by omitting from subsection (9)
"Subsections (7) and (8)" and
substituting "Subsections (7), (8), (8A)
and (8B)".
4. Section 46(4) is amended as follows:
(a) by omitting from paragraph (a)
"regulation 109 of the Retirement
45
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
Benefits Regulations 1994" and
substituting "regulation 132 of the
Retirement Benefits Regulations 2005";
(b) by inserting in paragraph (b) "an RSA
or" after "of".
Supreme Court Act 1887
1. Section 1 is amended by inserting after the
definition of "RBF Board" the following
definition:
"RSA" means a Retirement Savings Account
within the meaning of the Retirement
Savings Accounts Act 1997 of the
Commonwealth;
2. Section 7(3C)(b) is amended by inserting "an
RSA or" after "to".
3. Section 8 is amended as follows:
(a) by omitting paragraphs (b) and (c) from
subsection (2) and substituting the
following paragraph:
(b) references to an employee in the
Public Sector Superannuation
Reform Act 1999 are to be read as
including references to a judge;
and
(b) by omitting from subsection (2)(e)
"before the transfer day";
46
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
(c) by inserting in subsection (2)(e) "an RSA
or" after "paid into";
(d) by omitting from subsection (2)(e) "an
investment account provided by those
regulations" and substituting "the
accumulation scheme";
(e) by inserting in subsection (4) "an RSA
or" after "member of";
(f) by omitting from subsection (4) "the
non-contributory scheme referred to in
subsection (2) or";
(g) by omitting subsection (5) and
substituting the following subsection:
(5) If a judge has become a member
of an RSA or a complying
superannuation scheme that is not
the accumulation scheme, he or
she may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(h) by omitting from subsection (6) "the
non-contributory scheme referred to in
subsection (2) or";
(i) by inserting the following subsection
after subsection (6):
(6A) Where a judge elects to become a
member of an RSA, the Secretary
must make contributions at the
rate of 9% of the salary
47
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
determined in accordance with
section 7.
(j) by omitting subsection (7).
Supreme Court Act 1959
1. Section 3 is amended by inserting after the
definition of "Registrar" the following
definition:
"RSA" means a Retirement Savings Account
within the meaning of the Retirement
Savings Accounts Act 1997 of the
Commonwealth;
2. Section 4(4A)(b) is amended by inserting "an
RSA or" after "to".
3. Section 4AA is amended as follows:
(a) by omitting paragraphs (b) and (c) from
subsection (2) and substituting the
following paragraph:
(b) references to an employee in the
Public Sector Superannuation
Reform Act 1999 are to be read as
references to the Master; and
(b) by omitting from subsection (2)(e)
"before the transfer day";
(c) by inserting in subsection (2)(e) "an RSA
or" after "paid into";
48
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
(d) by inserting in subsection (4) "an RSA
or" after "member of";
(e) by omitting from subsection (4) "the
non-contributory scheme referred to in
subsection (2) or";
(f) by omitting subsection (5) and
substituting the following subsection:
(5) If a Master has become a member
of an RSA or a complying
superannuation scheme that is not
the accumulation scheme, he or
she may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(g) by inserting the following subsection
after subsection (6):
(6A) Where the Master elects to
become a member of an RSA, the
Secretary must make
contributions at the rate of 9% of
the salary determined in
accordance with section 4(4).
(h) by omitting subsection (8).
TT-Line Arrangements Act 1993
1. Section 3 is amended by omitting "Retirement
Benefits Regulations 1994" from the definition
of "contributor" and substituting "Retirement
Benefits Regulations 2005".
49
sch. 1 No. Public Sector Superannuation 2005
(Miscellaneous Amendments)
2. Section 25A is amended by omitting subsection
(4).
Tourism Tasmania Act 1996
1. Section 3 is amended as follows:
(a) by omitting the definition of
"contributory scheme" and substituting
the following definition:
"contributory scheme" means the
superannuation arrangements
provided by Part 5 of the
Retirement Benefits Regulations
2005;
(b) by inserting the following definition after
the definition of "objective":
"RSA" means a Retirement Savings
Account within the meaning of
the Retirement Savings Accounts
Act 1997 of the Commonwealth;
2. Section 17 is amended as follows:
(a) by inserting in subsection (4B) "an RSA
or" after "member of";
(b) by inserting the following subsection
after subsection (4B):
(4BA) If the chief executive officer has
become a member of an RSA or a
complying superannuation
scheme that is not the
50
2005 Public Sector Superannuation No. sch. 1
(Miscellaneous Amendments)
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(c) by inserting in subsection (4D) ", (4BA)"
after "(4B)";
(d) by omitting subsection (4E).
3. Clause 3 of Schedule 1 is amended as follows:
(a) by inserting in subclause (3A) "an RSA
or" after "member of";
(b) by inserting the following subclause after
subclause (3A):
(3AA) If a director has become a
member of an RSA or a
complying superannuation
scheme that is not the
accumulation scheme, he or she
may elect at any time while
holding office as such to become
a member of the accumulation
scheme.
(c) by omitting subclause (3C).
Government Printer, Tasmania 51