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TASMANIA
__________
RETIREMENT BENEFITS (STATE FIRE
COMMISSION SUPERANNUATION SCHEME)
BILL 2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 STATE FIRE COMMISSION SUPERANNUATION SCHEME
4. Creation of Trust Deed
5. Contents of Trust Deed
6. Amendment or revocation and substitution of Trust Deed
7. Former superannuation scheme fund
8. Guarantee by Minister
9. Saving for former superannuation scheme
PART 3 MISCELLANEOUS AND SUPPLEMENTAL
10. Annual reports
11. Regulations
12. Transitional and savings provisions
13. Administration of Act
14. Consequential Amendments
15. Act repealed
[Bill 33]-IV
SCHEDULE 1 TRANSITIONAL AND SAVINGS PROVISIONS
SCHEDULE 2 CONSEQUENTIAL AMENDMENTS
SCHEDULE 3 ACT REPEALED
2
RETIREMENT BENEFITS (STATE FIRE
COMMISSION SUPERANNUATION SCHEME)
BILL 2005
(Brought in by the Minister for Finance, the Honourable
James Glennister Cox)
A BILL FOR
An Act to provide for the continuation and management of
the funds of the State Fire Commission Superannuation
Scheme as a subfund of the Retirement Benefits Fund, to
validate the former administration of that scheme and to
repeal the State Fire Commission Superannuation Scheme
Act 1994
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
1. Short title
This Act may be cited as the Retirement Benefits
(State Fire Commission Superannuation
Scheme) Act 2005.
2. Commencement
(1) Sections 7, 8, 12 and 15 and Schedules 1 and 3
commence on a day to be fixed by proclamation.
[Bill 33] 3
s. 3 No. Retirement Benefits (State Fire Commission 2005
Superannuation Scheme)
(2) The remaining provisions of this Act commence
on the day on which this Act receives the Royal
Assent.
3. Interpretation
In this Act, unless the contrary intention
appears
"accumulation benefit component" means
the part of the former superannuation
scheme that, immediately before the
second commencement day, is the total
of all Accumulated Credits provided for
under the former trust deed;
"Accumulation Scheme" means the
Tasmanian Accumulation Scheme
established under section 7 of the Public
Sector Superannuation Reform Act 1999;
"Actuary" means the Actuary appointed
under regulations in force under the
Retirement Benefits Act 1993;
"commencement day" means the day on
which this Act receives the Royal Assent;
"Commission" means the State Fire
Commission;
"complying superannuation scheme" means
the Accumulation Scheme or a
superannuation scheme that is a
complying superannuation fund for the
purposes of the SIS Act;
4
2005 Retirement Benefits (State Fire Commission No. s. 3
Superannuation Scheme)
"continued scheme" means the part of the
former superannuation scheme that is
continued by the Trust Deed;
"defined benefit component" means the part
of the former superannuation scheme
that, immediately before the second
commencement day, is not the
accumulation benefit component;
"Fire Service member" means a person
appointed or employed under the State
Service Act 2000 to perform functions for
the purposes of the Fire Service Act
1979;
"former Act" means the State Fire
Commission Superannuation Scheme Act
1994;
"former superannuation scheme" means the
State Fire Commission Superannuation
Scheme as administered by the former
trustee immediately before the
commencement day;
"former trust deed" means the Deed of Trust
executed by the Commission on
17 January 1995 in respect of the State
Fire Commission Superannuation
Scheme and includes that Deed as
amended or substituted from time to
time;
"former trustee" means the State Fire
Commission Superannuation Scheme Pty
Ltd (ACN 067 921 760) in its capacity as
trustee of the former superannuation
scheme;
5
s. 3 No. Retirement Benefits (State Fire Commission 2005
Superannuation Scheme)
"RBF Board" means the Retirement Benefits
Fund Board;
"second commencement day" means the day
fixed under section 2(1);
"SIS Act" means the Superannuation
Industry (Supervision) Act 1993 of the
Commonwealth;
"TAS Trust Deed" means the Trust Deed
referred to in section 7 of the Public
Sector Superannuation Reform Act 1999
and includes that Deed as amended or
substituted from time to time;
"Trust Deed" means the Trust Deed executed
and in force under section 4 and includes
that Deed as amended or substituted from
time to time.
6
2005 Retirement Benefits (State Fire Commission No. s. 4
Superannuation Scheme)
PART 2 STATE FIRE COMMISSION
SUPERANNUATION SCHEME
4. Creation of Trust Deed
(1) The RBF Board must prepare and submit to the
Minister for approval a draft of a trust deed to
continue the defined benefit component of the
former superannuation scheme for persons who,
immediately before the second commencement
day, were contributing to, or required to
contribute to, the former superannuation scheme.
(2) The draft trust deed is to be prepared and
submitted to the Minister
(a) as soon as practicable after the
commencement day; and
(b) after both the RBF Board and the former
trustee have agreed that the requirements
of the SIS Act relating to successor funds
will be met on the commencement of the
Trust Deed.
(3) The Minister may approve or disapprove of the
draft.
(4) The Minister must not approve of the draft
unless he or she is satisfied that
(a) the Commission and the United
Firefighters' Union of Australia
(Tasmanian Branch) have been consulted
in respect of the draft; and
(b) the draft complies with, and is consistent
with, this Act and the SIS Act; and
7
s. 4 No. Retirement Benefits (State Fire Commission 2005
Superannuation Scheme)
(c) the draft is consistent with the
requirements of the SIS Act relating to
successor funds.
(5) The Minister must notify the Commission and
the RBF Board, in writing, of his or her approval
or disapproval of a draft submitted under
subsection (1) and, in the event of disapproval,
the RBF Board must prepare and submit to the
Minister a revised draft in accordance with this
section and any requests made by the Minister.
(6) If the Minister approves of a draft, the notice of
that approval provided to the RBF Board must
specify the day on which the Trust Deed is to
take effect.
(7) After the Minister approves of the draft
(a) the Minister and the RBF Board must
execute the Trust Deed; and
(b) the Minister must cause to be published
in the Gazette notice of
(i) the Minister's approval, stating
the day on which the Trust Deed
is to take effect; and
(ii) the execution of the Trust Deed;
and
(iii) the second commencement day.
(8) The Trust Deed takes effect on the day specified
under subsection (6).
(9) The Trust Deed is binding on the Commission.
8
2005 Retirement Benefits (State Fire Commission No. s. 5
Superannuation Scheme)
5. Contents of Trust Deed
The Trust Deed is to provide
(a) for the continuation of the defined
benefit component of the former
superannuation scheme to be
administered by the RBF Board in
accordance with this Act and the
requirements of the SIS Act; and
(b) that a Fire Service member appointed or
employed on or after 1 July 2005 is not
entitled to become a member of the
continued scheme; and
(c) that lump sums are to be the only
retirement benefit options provided by
the continued scheme; and
(d) for the amounts, manner and timing of
payment of contributions to the
continued scheme; and
(e) for appeals against decisions,
determinations and orders of the RBF
Board in the course of its administration
of the continued scheme; and
(f) that the only authorised payments from
the continued scheme to the RBF Board
or the Commission are for
(i) expenses incurred in the
administration of the continued
scheme; or
(ii) a refund of overpaid
contributions; or
9
s. 6 No. Retirement Benefits (State Fire Commission 2005
Superannuation Scheme)
(iii) such payments as are permitted
by the SIS Act; and
(g) that the Commission is to pay to the RBF
Board such additional amounts as the
Minister, on the recommendation of the
Actuary, may direct so as to enable the
RBF Board to meet its liabilities under
this Act.
6. Amendment or revocation and substitution of Trust
Deed
(1) The RBF Board may, in accordance with the
Trust Deed, prepare and submit to the Minister
for approval a draft of a deed to amend or to
revoke and substitute the Trust Deed.
(2) The Minister may approve or disapprove of the
draft.
(3) The Minister must not approve of the draft
unless he or she is satisfied that
(a) the Commission and the United
Firefighters' Union of Australia
(Tasmanian Branch) have been consulted
in respect of the draft; and
(b) the draft complies with, and is consistent
with, this Act and the SIS Act.
(4) The Minister must notify the Commission and
the RBF Board, in writing, of his or her approval
or disapproval of the draft and, in the event of
disapproval, the RBF Board must prepare and
submit to the Minister a revised draft in
10
2005 Retirement Benefits (State Fire Commission No. s. 6
Superannuation Scheme)
accordance with this section and any requests
made by the Minister.
(5) If the Minister approves of the draft, the notice
of approval must specify the day on which the
amendment to, or the revocation and substitution
of, the Trust Deed is to take effect.
(6) Where, following the consultation referred to in
subsection (3)(a), the Minister resolves to
approve of the draft
(a) the Minister and the RBF Board must
execute the deed to amend, or to revoke
and substitute, the Trust Deed; and
(b) the Minister must cause to be published
in the Gazette notice of
(i) the amendment to, or revocation
and substitution of, the Trust
Deed; and
(ii) the date when the amended or
substituted Trust Deed takes
effect.
(7) The Trust Deed must not be amended or
substituted so as to authorise any payment from
the continued scheme to the RBF Board or the
Commission other than
(a) an expense incurred in the administration
of that scheme; or
(b) a refund of overpaid contributions; or
(c) such payments as are permitted by the
SIS Act.
11
s. 7 No. Retirement Benefits (State Fire Commission 2005
Superannuation Scheme)
7. Former superannuation scheme fund
(1) The former superannuation scheme, as existing
immediately before the second commencement
day, forms part of the superannuation scheme
referred to in section 5 of the Retirement Benefits
Act 1993.
(2) The continued scheme
(a) forms part of the Retirement Benefits
Fund continued by section 11 of the
Retirement Benefits Act 1993; and
(b) is to be administered by the RBF Board
as a subfund of the Retirement Benefits
Fund.
(3) The accumulation benefit component
(a) is to be transferred to the Accumulation
Scheme; and
(b) forms part of the Retirement Benefits
Fund continued by section 11 of the
Retirement Benefits Act 1993; and
(c) is to be administered by the RBF Board
in accordance with the TAS Trust Deed.
12
2005 Retirement Benefits (State Fire Commission No. s. 8
Superannuation Scheme)
8. Guarantee by Minister
The Minister administering the Fire Service
Act 1979, on behalf of the State, must
guarantee the payment of all contributions
required to be made to the RBF Board by
the Commission if the Commission fails to
make the contributions required under the
Trust Deed within 28 days after demand by
the RBF Board.
9. Saving for former superannuation scheme
(1) The former trustee is taken to have been validly
appointed as trustee of the former
superannuation scheme.
(2) No action or other proceeding may be brought in
respect of any failure by the Commission or any
other person to comply with the former Act.
(3) The former trust deed is taken to be valid and to
have always been valid.
(4) No act or omission by the Commission or the
former trustee in reliance or purported reliance
on the former trust deed is to be taken as
unlawful or as having been unlawful by reason
of a failure by any person to comply with the
former Act.
13
s. 10 No. Retirement Benefits (State Fire Commission 2005
Superannuation Scheme)
PART 3 MISCELLANEOUS AND SUPPLEMENTAL
10. Annual reports
(1) A report by the Commission under section 107G
of the Fire Service Act 1979 is to include a
certification by the Commission that, if it is the
case, the Commission has met its obligations
under the Superannuation Guarantee
(Administration) Act 1992 of the Commonwealth
in respect of any member who is, or becomes, a
member of a complying superannuation scheme
to which the Commission contributes.
(2) The Commission is to include in its annual
report any other prescribed information relating
to superannuation schemes in cases where
persons appointed or employed under the State
Service Act 2000 are performing functions for
the purposes of the Fire Service Act 1979.
11. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the Governor may make regulations that contain
provisions of a savings or transitional nature
consequent on the enactment of this Act or the
establishment, amendment or substitution of the
Trust Deed, including, but not limited to, the
transfer of assets and liabilities.
14
2005 Retirement Benefits (State Fire Commission No. s. 12
Superannuation Scheme)
(3) A regulation referred to in subsection (1) may
take effect on and from the commencement day,
the second commencement day or a later date.
(4) Regulations made under this section
(a) may be made so as to apply differently
according to matters, limitations or
restrictions, whether as to time,
circumstance or otherwise, specified in
the regulations; and
(b) may authorise any matter to be from time
to time determined, applied or regulated
by the RBF Board.
12. Transitional and savings provisions
The transitional and savings provisions specified
in Schedule 1 have effect.
13. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Finance; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Treasury
and Finance.
15
s. 14 No. Retirement Benefits (State Fire Commission 2005
Superannuation Scheme)
14. Consequential Amendments
The legislation specified in Schedule 2 is
amended as specified in that Schedule.
15. Act repealed
The Act specified in Schedule 3 is repealed.
16
2005 Retirement Benefits (State Fire Commission No. sch. 1
Superannuation Scheme)
SCHEDULE 1 TRANSITIONAL AND SAVINGS
PROVISIONS
Section 12
1. Transfer of property of former trustee, &c.
(1) On the second commencement day
(a) any estate or interest in land and any
money, investments or other property of
the former trustee are transferred to, and
vest in, the RBF Board; and
(b) all obligations and liabilities of the
former trustee that are subsisting
immediately before that day become
obligations and liabilities of the RBF
Board.
(2) On and after the second commencement day
(a) any debt, money or claim, whether
liquidated or unliquidated, that,
immediately before that day, was payable
to, or recoverable by, the former trustee
is to be a debt, money or a claim payable
to, or recoverable by, the RBF Board, as
the case may be; and
(b) any debt due from or money payable by,
or any claim, whether liquidated or
unliquidated, enforceable against, the
former trustee immediately before that
day becomes a debt due from, money
payable by or a claim enforceable against
the RBF Board.
17
sch. 1 No. Retirement Benefits (State Fire Commission 2005
Superannuation Scheme)
2. Construction of instruments
(1) This clause applies to an instrument which was
in force immediately before the second
commencement day and in which there is a
reference to the former trustee.
(2) An instrument to which this clause applies has
effect on and from the second commencement
day as if
(a) the reference to the former trustee were a
reference to the RBF Board; or
(b) if the case so requires, the reference to
the former trustee included a reference to
the RBF Board
unless the context or subject matter of the
instrument otherwise indicates or requires.
3. Continuation of proceedings
(1) Any legal or other proceedings that might,
immediately before the second commencement
day, have been continued or instituted by, or
against, the former trustee may, on and after that
day, be continued or instituted by, or against, the
RBF Board.
(2) A judgment or order of a court obtained in legal
proceedings by or against the former trustee may
be enforced by or, as the case may be, against
the RBF Board.
18
2005 Retirement Benefits (State Fire Commission No. sch. 1
Superannuation Scheme)
4. Powers of RBF Board in respect of matters arising
under clauses 2 and 3
On and after the second commencement day, the
RBF Board may
(a) in addition to pursuing any other
remedies or exercising any other powers
that may be available to it, pursue the
same remedies for the payment or
recovery of debts, money and claims
referred to in clause 1(2) that are payable
to, or recoverable by, the former trustee
and for the prosecution of proceedings
referred to in clause 3 as the former
trustee might have done but for the
enactment of this Act; and
(b) enforce and realise any security or charge
existing immediately before the second
commencement day in favour of the
former trustee and exercise any powers
conferred by that security or charge as if
it were a security or charge in favour of
the RBF Board.
5. Savings for determinations and decisions of former
trustee
Any determination or decision made in the
administration of the former superannuation
scheme affecting the rights of a Fire Service
member that was in force immediately before the
second commencement day continues to have
effect notwithstanding the repeal effected by
section 15 unless the determination or decision is
19
sch. 1 No. Retirement Benefits (State Fire Commission 2005
Superannuation Scheme)
varied or rescinded by the RBF Board acting in
accordance with the Trust Deed.
6. Contracts and agreements
Any contract, agreement, arrangement or
undertaking entered into by the former trustee, if
not executed, discharged or otherwise terminated
before the second commencement day, is taken
to be a contract, agreement, arrangement or
undertaking entered into by the RBF Board.
7. Statement of accounts and annual report
(1) Notwithstanding the repeal effected by section
15, it is the duty of the former trustee to prepare
and submit to the Minister, as soon as
practicable after the second commencement day,
a statement of accounts and a further report,
containing such particulars as the Minister may
direct, relating to any period determined by the
Minister and, for the purposes of this clause, the
RBF Board must
(a) allow the former trustee to have access to
all relevant documents and records; and
(b) pay from the relevant subfund all
reasonable costs incurred by the former
trustee.
(2) In this clause, a reference to the Minister
includes a reference to the Minister who
administered the former Act.
20
2005 Retirement Benefits (State Fire Commission No. sch. 2
Superannuation Scheme)
SCHEDULE 2 CONSEQUENTIAL AMENDMENTS
Section 14
Public Sector Superannuation Reform Act 1999
1. Section 3(1) is amended as follows:
(a) by omitting "Act;" from paragraph (d) of
the definition of "Agency" and
substituting "Act; or";
(b) by inserting the following paragraph after
paragraph (d) in the definition of
"Agency":
(e) the State Fire Commission;
(c) by omitting "State;" from paragraph (e)
of the definition of "Agency manager"
and substituting "State; or";
(d) by inserting the following paragraph after
paragraph (e) in the definition of
"Agency manager":
(f) the Chief Officer of the State Fire
Commission;
(e) by omitting the definition of "employee"
and substituting the following
definitions:
"employee" means a person, other
than a person who is excluded
from the application of the
Principal Regulations, who is
employed in any position or
capacity
21
sch. 2 No. Retirement Benefits (State Fire Commission 2005
Superannuation Scheme)
(a) as a State Service officer
or State Service
employee; or
(b) by a prescribed authority;
or
(c) by a State-owned
company; or
(d) by another body or person
carrying on an industry or
undertaking for or on
behalf of the State
and includes
(e) a police officer, trainee
and junior constable as
defined in the Police
Service Act 2003; and
(f) a Fire Service member
who is first appointed or
employed on or after
1 July 2005; and
(g) a Fire Service member
appointed before
1 July 2005 who is not a
member of the
superannuation scheme
continued by the trust
deed in force under
section 4 of the
Retirement Benefits (State
Fire Commission
Superannuation Scheme)
Act 2005;
22
2005 Retirement Benefits (State Fire Commission No. sch. 2
Superannuation Scheme)
"Fire Service member" means a
person appointed or employed
under the State Service Act 2000
to perform functions for the
purposes of the Fire Service Act
1979;
Retirement Benefits Act 1993
1. Section 12 is amended by omitting subsection
(1) and substituting the following subsection:
(1) The Board may, by an instrument of
delegation under its common seal,
delegate to the chairperson, a member or
officer of the Board, including the chief
executive officer, or a person or
organisation that, under the regulations,
is engaged on contract or employed by
the Board any power or duty of the
Board under
(a) this Act; or
(b) any other Act; or
(c) any instrument having effect
under this Act or any other Act
other than this power of delegation.
2. Section 27A(2)(b) is amended by omitting "or
the Trust Deed" and substituting ", any other Act
or any instrument having effect under this Act or
any other Act".
23
sch. 3 No. Retirement Benefits (State Fire Commission 2005
Superannuation Scheme)
SCHEDULE 3 ACT REPEALED
Section 15
State Fire Commission Superannuation Scheme Act 1994 (No. 75
of 1994)
24 Government Printer, Tasmania