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TASMANIA
__________
RETIREMENT BENEFITS
(PARLIAMENTARY SUPERANNUATION
TRUSTEE ARRANGEMENTS AND
MISCELLANEOUS AMENDMENTS) BILL
2002
__________
CONTENTS
1. Short title
2. Commencement
3. Application of Retirement Benefits Act 1993
4. Principal Act
5. Section 3 amended (Interpretation)
6. Section 5 amended (Objects of Act)
7. Section 7A inserted
7A. Power of Board to establish subfunds
8. Section 10 amended (Functions of Retirement Benefits
Fund Board)
9. Sections 15 and 16 repealed
10. Section 25 repealed
11. Section 26 amended (Investment of Fund)
12. Section 27A inserted
27A. Indemnity for members and officers of Board
13. Section 28 amended (Power of Minister to approve
transfer arrangements)
[Bill 95]-IV
14. Section 29 amended (Regulations)
15. Section 29 amended (Regulations)
16. Section 29A substituted
29A. Winding up of Retirement Benefits Fund
Investment Trust and PSRB Trust
17. Schedule 3 amended (Transitional and savings provisions
arising from dissolution of Retirement Benefits Fund
Investment Trust)
18. Schedule 4 inserted
Schedule 4 Transitional and Savings Provisions
arising from dissolution of PSRB Trust
19. Schedule 8 amended (Transitional and Savings
Provisions)
20. Director of Public Prosecutions Act 1973 amended
21. Governor of Tasmania Act 1982 amended
22. Parliamentary Salaries, Superannuation and Allowances
Act 1973 amended
23. Solicitor-General Act 1983 amended
24. Supreme Court Act 1887 amended
25. Supreme Court Act 1959 amended
26. Retirement Benefits Regulations 1994 amended
27. Repeals and rescissions
2
RETIREMENT BENEFITS
(PARLIAMENTARY SUPERANNUATION
TRUSTEE ARRANGEMENTS AND
MISCELLANEOUS AMENDMENTS) BILL
2002
(Brought in by the Minister for Education, the Honourable
Paula Catherine Wriedt)
A BILL FOR
An Act to amend the Retirement Benefits Act 1993, to
make other amendments to the law relating to
superannuation and to repeal the Parliamentary
Superannuation Act 1973 and the Parliamentary
Retiring Benefits Act 1985
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:
Short title
1. This Act may be cited as the Retirement Benefits
(Parliamentary Superannuation Trustee Arrangements
and Miscellaneous Amendments) Act 2002.
Commencement
2. (1) Sections 6, 8, 10, 15, 16, 17, 18 and 27 commence on
a day to be proclaimed.
[Bill 95] 3
s. 3 No. Retirement Benefits (Parliamentary 2002
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
(2) The remaining provisions of this Act commence
on the day on which this Act receives the Royal Assent.
Application of Retirement Benefits Act 1993
3. The amendments made by section 26 of this Act have
effect notwithstanding section 29 of the Retirement
Benefits Act 1993.
Principal Act
4. In this Act, the Retirement Benefits Act 1993* is
referred to as the Principal Act.
Section 3 amended (Interpretation)
5. Section 3 of the Principal Act is amended as follows:
(a) by omitting the definition of "Accumulation
Fund" from subsection (1);
(b) by omitting the definition of "commencement
day" from subsection (1);
(c) by inserting the following definition after the
definition of "contributory scheme" in
subsection (1):
"first commencement day" means
1 July 1994;
(d) by omitting the definition of "SAF Board" from
subsection (1);
*No. 103 of 1993
4
2002 Retirement Benefits (Parliamentary No. s. 5
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
(e) by inserting the following definition after the
definition of "Scheme" in subsection (1):
"second commencement day" means
the day fixed under section 2(1) of
the Retirement Benefits
(Parliamentary Superannuation
Trustee Arrangements and
Miscellaneous Amendments) Act
2002;
(f) by omitting the definition of "Trust Deed" from
subsection (1) and substituting the following
definitions:
"Trust Deed" means the Trust Deed
referred to in section 7 of the
Public Sector Superannuation
Reform Act 1999 as that Deed is in
force from time to time;
"widow" of a deceased man includes a
woman who, at the time of his
death
(a) was living with him; and
(b) was generally recognised as
his de facto wife
although not legally married to him at
that time;
"widower" of a deceased woman
includes a man who, at the time of
her death
(a) was living with her; and
5
s. 6 No. Retirement Benefits (Parliamentary 2002
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
(b) was generally recognised as
her de facto husband
although not legally married to her at
that time.
(g) by omitting the definition of "winding up
period" from subsection (1);
(h) by inserting in subsection (2) "first" after
"before the".
Section 5 amended (Objects of Act)
6. Section 5(1) of the Principal Act is amended as follows:
(a) by omitting paragraph (b) and substituting the
following paragraph:
(b) a person who is, or has been,
elected as a member of
Parliament; and
(b) by omitting paragraph (f) and substituting the
following paragraph:
(f) in certain cases, the widow,
widower and beneficiaries of any
person referred to in
paragraph (a), (b), (c), (d) or (e).
Section 7A inserted
7. After section 7 of the Principal Act, the following
section is inserted in Part 2:
6
2002 Retirement Benefits (Parliamentary No. s. 7
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
Power of Board to establish subfunds
7A. (1) The Board may establish and maintain
within the Fund such subfunds as, in the opinion of
the Board, are necessary or convenient for the
administration of this Act or the Trust Deed but
must ensure that, in respect of each subfund
(a) there are separately identifiable assets
and beneficiaries; and
(b) each beneficiary of that subfund has an
interest only in the assets of that
subfund and not in the other assets of
the Fund; and
(c) there is no transfer of assets, benefits or
money between that subfund and
another subfund unless there is a
transfer of a corresponding beneficial
interest; and
(d) the insurance and administration costs
levied on that subfund are attributable
only to that subfund.
(2) Without limiting subsection (1), the Board
may establish separate asset portfolios for each
subfund, comprising assets of the Fund allocated by
the Board, all of which are to be invested for the
purposes of the Fund.
(3) For the purpose of investment and
allocating the investment earnings of the Fund or for
related purposes, the Board
(a) may treat 2 or more subfunds as one
subfund; and
7
s. 8 No. Retirement Benefits (Parliamentary 2002
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
(b) may treat one or more subfunds as being
invested as part of one or more asset
portfolios; and
(c) must, if so required, determine the parts
of each subfund which are to be treated
as being invested in one or more asset
portfolios.
Section 10 amended (Functions of Retirement
Benefits Fund Board)
8. Section 10 of the Principal Act is amended by omitting
subsection (3A).
Sections 15 and 16 repealed
9. Sections 15 and 16 of the Principal Act are repealed.
Section 25 repealed
10. Section 25 of the Principal Act is repealed.
Section 26 amended (Investment of Fund)
11. Section 26(2) of the Principal Act is amended by
omitting "commencement day" and substituting "first
commencement day".
8
2002 Retirement Benefits (Parliamentary No. s. 12
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
Section 27A inserted
12. After section 27 of the Principal Act, the following
section is inserted in Part 4:
Indemnity for members and officers of Board
27A. (1) In this section, "officer" means a person
engaged on contract or employed by the Board as
mentioned in section 10(4).
(2) A member or officer of the Board or a
member of a committee established as mentioned in
section 29(1A)(c) is not personally liable for any act
done or omitted to be done by the member or officer
in good faith
(a) in the performance or exercise, or
purported performance or exercise, of
any function or power of the Board or
the committee; or
(b) in the administration or execution, or
purported administration or execution,
of this Act or the Trust Deed.
(3) Neither the Board nor any member or
officer of the Board is liable for any loss suffered by a
person by reason of
(a) an investment choice exercised under
the regulations; or
(b) the exercise of an election by the person
to become a member of a complying
superannuation scheme other than the
contributory scheme or accumulation
scheme.
9
s. 13 No. Retirement Benefits (Parliamentary 2002
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
(4) A liability that would, but for
subsection (2), be incurred by a member or officer of
the Board or a member of the committee referred to
in that subsection lies with the Board and is to be
paid out of the Fund.
(5) For the purposes of this section
(a) a reference to a member or officer of the
Board includes a reference to
(i) a substitute member or former
substitute member of the Board;
and
(ii) the chief executive officer or
former chief executive officer; and
(iii) a former member or former officer
of the Board; and
(b) a reference to a member of the
committee referred to in subsection (2)
includes a reference to a former member
of the committee.
Section 28 amended (Power of Minister to approve
transfer arrangements)
13. Section 28 of the Principal Act is amended by
inserting "first" after "after the".
Section 29 amended (Regulations)
14. Section 29 of the Principal Act is amended as follows:
10
2002 Retirement Benefits (Parliamentary No. s. 14
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
(a) by inserting the following subsection after
subsection (1):
(1A) Without limiting subsection (1), the
regulations may provide
(a) for contributions to the Fund or a
subfund to be made by the
Minister which may be an
appropriation of the Consolidated
Fund; and
(b) for the procedure to be followed in
determining a dispute under this
Act; and
(c) that a person aggrieved by a
decision of the Board may, on
payment of a prescribed fee,
require it to apply to the Supreme
Court for a declaration as to the
validity of its decision; and
(d) for the powers of the Supreme
Court on any such application; and
(e) for the costs of the proceedings in
the Supreme Court.
(b) by omitting from subsection (2) "they have"
and substituting "a draft of the regulations
has";
(c) by omitting subsections (3) and (4) and
substituting the following subsections:
(3) For the purposes of subsection (2), a
House of Parliament is taken to have approved
a draft of the regulations if a copy of the draft
has been laid on the table of that House and
11
s. 14 No. Retirement Benefits (Parliamentary 2002
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
(a) the draft regulations are approved
by that House; or
(b) at the expiration of 21 sitting days
of that House after the copy was
laid on the table of that House, no
motion to disallow the draft
regulations has been passed.
(4) For the purposes of this section,
where a motion to disallow a draft regulation
or a section, division or part of a draft
regulation is passed by a House of
Parliament
(a) the motion has the effect of
annulling only that draft
regulation or that section, division
or part, as the case may be; and
(b) the remainder of the draft
regulations is taken to be
approved by that House.
(4AA) The application of subsections (2),
(3) and (4) extends to a case where approval of
a draft of the regulations is given before the
second commencement day.
(d) by omitting from subsection (4A) "of the
Board" and substituting "under this Act";
(e) by inserting in subsection (5) "or the
Retirement Benefits (Parliamentary
Superannuation Trustee Arrangements and
Miscellaneous Amendments) Act 2002" after "of
this Act";
(f) by omitting paragraph (a) from subsection (5)
and substituting the following paragraph:
12
2002 Retirement Benefits (Parliamentary No. s. 15
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
(a) the repealed Act or any other Act
amended or repealed by this Act or
the Retirement Benefits
(Parliamentary Superannuation
Trustee Arrangements and
Miscellaneous Amendments) Act
2002; or
(g) by omitting subsection (5A) and substituting
the following subsection:
(5A) The regulations may contain
provisions abrogating, reducing, assigning or
withholding a person's entitlement to a lump
sum or pension benefit
(a) in order to satisfy the
requirements of the relevant law
of the Commonwealth; or
(b) in a case where the Board is
satisfied that a contributor or
pensioner was, at the date of his or
her death, living apart from his or
her spouse and not providing
significant financial support for
the spouse.
Section 29 amended (Regulations)
15. Section 29 of the Principal Act is further amended by
omitting subsection (1A) and substituting the following
subsection:
(1A) Without limiting subsection (1), the
regulations may provide
13
s. 15 No. Retirement Benefits (Parliamentary 2002
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
(a) for the administration of subfunds for
members of Parliament first elected
before 1 July 1999 and the widows,
widowers and children of those
members; and
(b) for contributions to the Fund or a
subfund to be made by the Minister
which may be an appropriation of the
Consolidated Fund; and
(c) for any entitlement of members of
Parliament arising from ill-health or
physical or mental incapacity to be
determined by a committee consisting of
the President of the Legislative Council,
the Speaker of the House of Assembly
and the Secretary of the responsible
Department in relation to the Public
Account Act 1986 or his or her nominee;
and
(d) for the procedure to be followed by the
committee; and
(e) for the procedure to be followed in
determining a dispute under this Act;
and
(f) that a person aggrieved by a decision of
the Board or of the committee referred to
in paragraph (c) may, on payment of a
prescribed fee, require it to apply to the
Supreme Court for a declaration as to
the validity of its decision; and
(g) for the powers of the Supreme Court on
any such application; and
14
2002 Retirement Benefits (Parliamentary No. s. 16
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
(h) for the costs of the proceedings in the
Supreme Court.
Section 29A substituted
16. Section 29A of the Principal Act is repealed and the
following section is substituted:
Winding up of Retirement Benefits Fund
Investment Trust and PSRB Trust
29A. (1) In this section, "State tax" means
application or registration fees, stamp duty or any
other tax, duty, fee or charge imposed by any Act or
law of Tasmania.
(2) The transitional and savings provisions in
Schedule 3 have effect with respect to the dissolution
of the Retirement Benefits Fund Investment Trust.
(3) The transitional and savings provisions in
Schedule 4 have effect with respect to the dissolution
of the PSRB Trust.
(4) State tax is not payable in respect of any
document prepared, or transaction effected, for the
purposes of Schedule 3 or 4.
(5) Where the Minister is satisfied that the
PSRB Trust and the Actuary have complied with
clauses 6 and 7 of Schedule 4, the Minister may, by
notice published in the Gazette, declare that the
PSRB Trust is dissolved.
15
s. 17 No. Retirement Benefits (Parliamentary 2002
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
Schedule 3 amended (Transitional and savings
provisions arising from dissolution of Retirement
Benefits Fund Investment Trust)
17. Schedule 3 to the Principal Act is amended by
omitting clause 11.
Schedule 4 inserted
18. After Schedule 3 to the Principal Act, the following
Schedule is inserted:
SCHEDULE 4 TRANSITIONAL AND
SAVINGS PROVISIONS ARISING FROM
DISSOLUTION OF PSRB TRUST
Section 29A(3) and (4)
Transfer of property of PSRB Trust, &c.
1. (1) On the second commencement day
(a) any estate or interest in land and any
money, investments or other property of
the PSRB Trust are transferred to, and
vest in, the Board; and
(b) all obligations and liabilities of the
PSRB Trust that are subsisting before
that day become obligations and
liabilities of the 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
16
2002 Retirement Benefits (Parliamentary No. s. 18
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
payable to, or recoverable by, the PSRB
Trust is to be a debt, money or claim
payable to, or recoverable by, the Board,
as the case may be; and
(b) any debt due from or money payable by,
or any other claim, whether liquidated
or unliquidated, enforceable against, the
PSRB Trust immediately before that day
becomes a debt due from, money payable
by or claim enforceable against the
Board.
Construction of instruments
2. (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 PSRB Trust.
(2) An instrument to which this clause applies
has effect on and from the second commencement
day as if
(a) the reference to the PSRB Trust were a
reference to the Board; or
(b) if the case so requires, the reference to
the PSRB Trust included a reference to
the Board
unless the context or subject matter of the
instrument otherwise indicates or requires.
17
s. 18 No. Retirement Benefits (Parliamentary 2002
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
Continuation of proceedings
3. (1) Any legal or other proceedings that might,
before the second commencement day, have been
continued or instituted by, or against, the PSRB
Trust may, on and after that day, be continued or
instituted by, or against, the Board.
(2) A judgment or order of a court obtained in
legal proceedings by or against the PSRB Trust may
be enforced by or, as the case may be, against the
Board.
Powers of Board in respect of matters arising
under clauses 2 and 3
4. On and after the second commencement day
(a) the Board may, in addition to pursuing
any other remedies or exercising any
other powers that may be available to it,
pursue the same remedies for the
recovery of debts, money and claims
referred to in clause 1(2) that are
payable to, or recoverable by, the Board
and for the prosecution of proceedings
referred to in clause 3 as the PSRB
Trust might have done but for the
enactment of this Schedule; and
(b) the Board may enforce and realise any
security or charge existing immediately
before the second commencement day in
favour of the PSRB Trust and may
exercise any powers conferred under the
security or charge on the PSRB Trust as
18
2002 Retirement Benefits (Parliamentary No. s. 18
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
if it were a security or charge in favour
of the Board.
Contracts and agreements
5. Any contract, agreement, arrangement or
undertaking entered into by the PSRB Trust, 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 Board.
Statement of accounts and annual report
6. Notwithstanding the repeals effected by section
27 of the Retirement Benefits (Parliamentary
Superannuation Trustee Arrangements and
Miscellaneous Amendments) Act 2002, it is the duty
of the PSRB Trust to prepare and submit to the
Minister, as soon as practicable after the second
commencement day, a statement of accounts and
(a) if, on that day, the PSRB Trust has not
complied with section 9A of the
Parliamentary Superannuation Act
1973, an annual report relating to the
year ended on 30 June 2002; and
(b) in any case, a further report, containing
such particulars as the Minister may
direct, relating to any subsequent period
ending on the second commencement
day
and, for the purposes of this clause, the Board
must
19
s. 19 No. Retirement Benefits (Parliamentary 2002
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
(c) allow the PSRB Trust to have the
services of employees and access to all
relevant documents and records; and
(d) pay from the relevant subfund all
reasonable costs incurred by the PSRB
Trust.
Investigation by Actuary
7. As soon as practicable after the second
commencement day, the Actuary must
(a) undertake an investigation as to the
state and sufficiency as at that day of
the funds formerly established under the
Parliamentary Superannuation Act 1973
and the Parliamentary Retiring Benefits
Act 1985; and
(b) report the result of the investigation to
the Minister and to the Board.
Schedule 8 amended (Transitional and Savings
Provisions)
19. Schedule 8 to the Principal Act is amended as follows:
(a) by inserting in clause 1(1) "first" after "before
the";
(b) by inserting in clause 1(2) "first" after "after
the";
(c) by omitting clause 2;
20
2002 Retirement Benefits (Parliamentary No. s. 19
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
(d) by omitting from clause 3 "or the Trust" twice
occurring;
(e) by inserting in clause 3 "first" after "before
the";
(f) by inserting in clause 4(1) "first" after "before
the";
(g) by omitting subclause (2) from clause 4;
(h) by inserting in clause 5(1) "first" after "before
the";
(i) by omitting subclause (2) from clause 5;
(j) by omitting clauses 6 and 7;
(k) by inserting in clause 8(1) "first" after "before
the";
(l) by inserting in clause 8(4) "first" after "before
the";
(m) by omitting subclauses (2) and (3) from clause
9;
(n) by omitting clause 10;
(o) by inserting in clause 11 "first" after "before
the";
(p) by omitting clauses 12, 13, 14, 15, 15A, 16 and
17.
21
s. 20 No. Retirement Benefits (Parliamentary 2002
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
Director of Public Prosecutions Act 1973 amended
20. Section 5A of the Director of Public Prosecutions Act
1973 is amended by omitting subsection (2A) and
substituting the following subsection:
(2A) Notwithstanding subsection (2), the
Director may elect, in writing to the Secretary, at
any time but not more than once in a period of one
year, that the salary determined in accordance with
subsection (2) may be provided
(a) in part by the payment of salary to the
Director; and
(b) in part by the payment of employer
superannuation contributions to a
complying superannuation scheme,
which may include the accumulation
scheme.
Governor of Tasmania Act 1982 amended
21. Section 4 of the Governor of Tasmania Act 1982 is
amended by omitting subsection (2) and substituting the
following subsection:
(2) Notwithstanding subsection (1), the
Governor may elect, in writing to the Secretary, at
any time but not more than once in a period of one
year, that the salary determined in accordance with
subsection (1) may be provided
(a) in part by the payment of salary to the
Governor; and
(b) in part by the payment of employer
superannuation contributions to a
22
2002 Retirement Benefits (Parliamentary No. s. 22
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
complying superannuation scheme,
which may include the accumulation
scheme.
Parliamentary Salaries, Superannuation and
Allowances Act 1973 amended
22. Schedule 1 to the Parliamentary Salaries,
Superannuation and Allowances Act 1973 is amended by
omitting subclause (1) from clause 10A of Part IV and
substituting the following subclause:
(1) Notwithstanding section 4, a member may
elect, in writing to the relevant officer, at any time
but not more than once in a period of one year, that
his or her parliamentary salary determined in
accordance with section 4 may be provided
(a) in part by the payment of salary to the
member; and
(b) in part by the payment of employer
superannuation contributions to a
complying superannuation scheme,
which may include the accumulation
scheme.
Solicitor-General Act 1983 amended
23. Section 5 of the Solicitor-General Act 1983 is amended
by omitting subsection (1A) and substituting the following
subsection:
(1A) Notwithstanding subsection (1), the
Solicitor-General may elect, in writing to the
Secretary, at any time but not more than once in a
23
s. 24 No. Retirement Benefits (Parliamentary 2002
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
period of one year, that the salary determined in
accordance with subsection (1)(ab) may be
provided
(a) in part by the payment of salary to the
Solicitor-General; and
(b) in part by the payment of employer
superannuation contributions to a
complying superannuation scheme,
which may include the accumulation
scheme.
Supreme Court Act 1887 amended
24. Section 7 of the Supreme Court Act 1887 is amended
by omitting subsection (3C) and substituting the following
subsection:
(3C) Notwithstanding subsections (1) and (2),
a judge may elect, in writing to the Secretary, at any
time but not more than once in a period of one year,
that the salary determined in accordance with this
section may be provided
(a) in part by the payment of salary to the
judge; and
(b) in part by the payment of employer
superannuation contributions to a
complying superannuation scheme,
which may include the accumulation
scheme.
24
2002 Retirement Benefits (Parliamentary No. s. 25
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
Supreme Court Act 1959 amended
25. Section 4 of the Supreme Court Act 1959 is amended
by omitting subsection (4A) and substituting the following
subsection:
(4A) Notwithstanding subsection (4), the
Master may elect, in writing to the Secretary, at any
time but not more than once in a period of one year,
that the salary determined in accordance with this
section may be provided
(a) in part by the payment of salary to the
Master; and
(b) in part by the payment of employer
superannuation contributions to a
complying superannuation scheme,
which may include the accumulation
scheme.
Retirement Benefits Regulations 1994 amended
26. The Retirement Benefits Regulations 1994 are
amended as follows:
(a) by omitting from regulation 4(1) "These" and
substituting "Except as provided by
regulations 60, 61, 61A and 62, these";
(b) by omitting regulation 10;
(c) by omitting regulation 13A;
(d) by inserting the following subparagraph after
subparagraph (ii) in regulation 15(3)(a):
(iii) the contributions to be paid to the
Fund by the Minister in respect of
25
s. 26 No. Retirement Benefits (Parliamentary 2002
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
a subfund established for persons
who are, or have been, elected as
members of Parliament; and
(e) by omitting from the heading to Part 6 "AND
THEIR SPOUSES" and substituting ",
THEIR SPOUSES AND OTHER
PERSONS";
(f) by omitting subregulation (1) from regulation
60 and substituting the following
subregulations:
(1) This regulation applies to
(a) an eligible employee; and
(b) a contributor; and
(c) the spouse of an eligible employee
or contributor; and
(d) any other person who is referred to
in regulation 4(1)(d), (da), (g) or
(h); and
(e) the spouse of any person referred
to in paragraph (d) of this
subregulation.
(1A) In accordance with these
regulations, the Board may establish accounts
for the purpose of receiving voluntary
contributions, spouse contributions or benefit
entitlements paid by, or on behalf of, a person
to whom this regulation applies.
(g) by omitting paragraphs (a) and (b) from
regulation 60(2) and substituting the following
paragraphs:
26
2002 Retirement Benefits (Parliamentary No. s. 26
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
(a) all contributions paid under
regulation 61 by or on behalf of a
person to whom this regulation
applies; and
(b) all contributions paid by an
Agency under regulation 61A on
behalf of a person to whom this
regulation applies; and
(h) by omitting from regulation 60(4) "An eligible
employee or contributor or the spouse of an
eligible employee or contributor" and
substituting "A person to whom this regulation
applies";
(i) by omitting from regulation 60(5) "an eligible
employee, contributor or the spouse of an
eligible employee or contributor ceases to be
an eligible employee, contributor or such a
spouse" and substituting "a person to whom
this regulation applies subsequently ceases to
be a person mentioned in subregulation (1)";
(j) by omitting from regulation 60(6) "an eligible
employee, contributor or the spouse of an
eligible employee or contributor" and
substituting "a person to whom this regulation
applies or the spouse of any such person";
(k) by omitting from regulation 60(10)
"contributor or eligible employee" first
occurring and substituting "person to whom
this regulation applies";
(l) by omitting from regulation 60(10) "the
contributor or eligible employee" and
substituting "that person";
27
s. 26 No. Retirement Benefits (Parliamentary 2002
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
(m) by omitting from regulation 60(11)
"contributor or eligible employee" and
substituting "person to whom this regulation
applies";
(n) by omitting subregulation (12) from regulation
60 and substituting the following
subregulation:
(12) In this regulation, a reference to a
person to whom this regulation applies
includes a reference to the estate of that
person if he or she elects in writing to the
Board that, in the event of his or her death,
the death benefit is to be paid to his or her
estate.
(o) by omitting from regulation 61(1) "An eligible
employee or a contributor" and substituting "A
person to whom regulation 60 applies";
(p) by omitting from regulation 61(2) "An eligible
employee or a contributor" and substituting "A
person to whom regulation 60 applies";
(q) by omitting from regulation 61(2)(a) "eligible
employee or contributor" and substituting
"person";
(r) by omitting from regulation 61(3) "an eligible
employee or contributor" and substituting "a
person to whom regulation 60 applies";
(s) by omitting from regulation 61(4) "An eligible
employee or a contributor" and substituting "A
person to whom regulation 60 applies";
(t) by omitting from regulation 61(5) "an eligible
employee or contributor" and substituting "a
person to whom regulation 60 applies";
28
2002 Retirement Benefits (Parliamentary No. s. 26
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
(u) by omitting from regulation 61(6) "an eligible
employee or contributor" and substituting "a
person to whom regulation 60 applies";
(v) by omitting from regulation 61(7) "contributor
or eligible employee" and substituting "person
to whom regulation 60 applies";
(w) by omitting from regulation 61A(1) "an eligible
employee or contributor" and substituting "a
person to whom regulation 60 applies";
(x) by omitting from regulation 61A(1) "eligible
employee or contributor" second occurring and
substituting "person";
(y) by omitting from regulation 61A(2) "eligible
employee or contributor" and substituting
"person";
(z) by omitting from regulation 61A(3) "An eligible
employee or contributor" and substituting "A
person to whom regulation 60 applies";
(za) by omitting from regulation 61A(4) "an eligible
employee or contributor" and substituting "a
person to whom regulation 60 applies";
(zb) by omitting from regulation 61A(5) "the
eligible employee or contributor" and
substituting "each person to whom
regulation 60 applies";
(zc) by omitting subregulations (1) and (2) from
regulation 62 and substituting the following
subregulations:
(1) A person to whom regulation 60
applies or the spouse of any such person may
pay or cause to be paid into the Fund all or
29
s. 27 No. Retirement Benefits (Parliamentary 2002
Superannuation Trustee Arrangements
and Miscellaneous Amendments)
part of the benefit that he or she is entitled to
receive as a contributor to another
superannuation scheme or fund or as an
eligible termination payment under an
employment redundancy programme.
(2) An amount paid into the Fund under
this regulation is to be credited to an
investment account or an allocated pension
account and vested in the name of the person
to whom regulation 60 applies or the spouse of
that person.
Repeals and rescissions
27. (1) The Parliamentary Superannuation Act 1973 and
the Parliamentary Retiring Benefits Act 1985 are repealed.
(2) The Parliamentary Superannuation Regulations
1999 and the Parliamentary Retiring Benefits Regulations
1999 are rescinded.
30 Government Printer, Tasmania