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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Superannuation Legislation Amendment Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--EMERGENCY SERVICES SUPERANNUATION
ACT 1986 3
3 Definitions 3
4 Application of Act 4
5 New section 4AA inserted--Eligible protective services officer
may make election 4
4AA Eligible protective services officer may make election 4
6 Amendment of section 6--Objectives and duties of Board 5
7 Amendment of section 20--Scheme may be supplemented by
Consolidated Fund 7
8 Amendment of section 20B--Membership 7
9 Amendment of section 20E--Death of contributor or police
recruit 7
10 Amendment of section 20F--Disability of contributor or police
recruit 8
11 Amendment of section 21--Definitions 8
12 Amendment of section 21B--Membership of ESSPLAN 8
13 New section 21JB inserted--Optional disability and death cover
for eligible spouses 9
21JB Optional disability and death cover for eligible spouses 9
14 Consequential amendment of section 21G--Disability and
death insurance under ESSPLAN 10
15 Amendment of section 22E--Definitions 10
16 Amendment of section 22F--Obligation on Board 10
PART 3--CONSTITUTION ACT 1975 12
17 Amendment of section 5A--Definitions relating to pensions 12
18 Amendment of section 7--Appropriation for staff and other
expenses of the Governor 12
19 Amendment of section 83--As to pensions of Judges of the
Supreme Court and their partners and children 13
561344B.I-5/5/2009 i BILL LA INTRODUCTION 5/5/2009
Clause Page
PART 4--COUNTY COURT ACT 1958 15
20 Amendment of section 3AA--Definitions relating to pensions 15
21 Amendment of section 14--Provisions for pensions to County
Court judges and their partners 15
PART 5--PARLIAMENTARY SALARIES AND
SUPERANNUATION ACT 1968 17
22 New section 18A inserted--Re-instatement of pension cancelled
on the ground of re-marriage 17
18A Re-instatement of pension cancelled on the ground of
re-marriage 17
23 Amendment of section 21CA--Definitions 18
24 Amendment of section 21CC--Obligation on Parliamentary
Trustee 18
PART 6--STATE EMPLOYEES RETIREMENT BENEFITS
ACT 1979 20
25 Amendment of section 24A--Eligible member account 20
26 Amendment of section 66AA--Definitions 20
27 Amendment of section 66AC--Obligation on Board 20
PART 7--STATE SUPERANNUATION ACT 1988 22
28 New section 38 inserted--Re-instatement of pension cancelled
on the ground of re-marriage 22
38 Re-instatement of pension cancelled on the ground of
re-marriage 22
29 Amendment of section 59AA--Definitions 23
30 Amendment of section 59AC--Obligation on Board 23
31 Amendment of section 60A--Eligible member account 24
PART 8--TRANSPORT SUPERANNUATION ACT 1988 25
32 Amendment of section 28A--Eligible member account 25
33 Amendment of section 36AA--Definitions 25
34 Amendment of section 36AC--Obligation on Board 26
PART 9--SUPERANNUATION (PORTABILITY) ACT 1989 27
35 Amendment of section 3--Definitions 27
36 Amendment of section 9AA--Obligation on administrators 27
561344B.I-5/5/2009 ii BILL LA INTRODUCTION 5/5/2009
Clause Page
PART 10--REPEAL OF AMENDING ACT 29
37 Repeal of Act 29
ENDNOTES 30
561344B.I-5/5/2009 iii BILL LA INTRODUCTION 5/5/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Superannuation Legislation
Amendment Bill 2009
A Bill for an Act to amend the Emergency Services Superannuation
Act 1986, the Constitution Act 1975, the County Court Act 1958,
the Parliamentary Salaries and Superannuation Act 1968, the
State Employees Retirement Benefits Act 1979, the State
Superannuation Act 1988, the Transport Superannuation Act
1988 and the Superannuation (Portability) Act 1989 and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to make
miscellaneous amendments to specified
5 Superannuation Acts.
561344B.I-5/5/2009 1 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 1--Preliminary
s. 2
2 Commencement
(1) This Act (other than sections 3, 4, 5, 7, 8, 9 and
10) comes into operation on the day after the day
on which it receives the Royal Assent.
5 (2) Subject to subsection (3), sections 3, 4, 5, 7, 8, 9
and 10 come into operation on a day to be
proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 1 July 2010, it
10 comes into operation on that day.
__________________
561344B.I-5/5/2009 2 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 2--Emergency Services Superannuation Act 1986
s. 3
PART 2--EMERGENCY SERVICES SUPERANNUATION
ACT 1986
3 Definitions
(1) In section 3(1) of the Emergency Services See:
Act No.
5 Superannuation Act 1986, insert the following 94/1986.
definitions-- Reprint No. 6
as at
1 December
"eligible protective services officer means a 2005
person who was appointed as a protective and
amending
services officer during the period Act Nos
10 commencing on or after 1 January 1994 and 94/2005,
41/2006,
ending on the day on which section 3 of the 37/2007,
Superannuation Legislation Amendment 12/2008,
43/2008,
Act 2009 comes into operation; 65/2008 and
4//2009.
protective services officer means a person LawToday:
15 appointed under section 118B of the Police www.
legislation.
Regulation Act 1958;". vic.gov.au
(2) In section 3(1) of the Emergency Services
Superannuation Act 1986--
(a) in the definition of employee, in paragraph
20 (ba), omit "appointed under section 118B of
the Police Regulation Act 1958";
(b) in the definition of operational staff
member, after paragraph (a) insert--
"(ab) subject to section 4(7C), a protective
25 services officer who has completed a
course either in Victoria or elsewhere
which enables him or her to undertake
general duties as a protective services
officer and who has taken and
30 subscribed an oath under section 118C
of the Police Regulation Act 1958;";
(c) in the definition of operational staff
member, in paragraph (d) omit "(ba),".
561344B.I-5/5/2009 3 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 2--Emergency Services Superannuation Act 1986
s. 4
4 Application of Act
After section 4(7) of the Emergency Services
Superannuation Act 1986 insert--
"(7A) Despite subsection (7), an eligible protective
5 services officer who--
(a) is a member of the ESSPLAN Scheme;
and
(b) elects to become a contributor to the
Scheme in accordance with section
10 4AA--
becomes a contributor to the Scheme under
Part 3AA from the day on which the Board
accepts the election.
(7B) An eligible protective services officer who is
15 a member of the ESSPLAN Scheme and
does not make an election under section 4AA
continues to be a member of the ESSPLAN
Scheme.
(7C) An eligible protective services officer who is
20 a member of the ESSPLAN Scheme and has
not made an election under section 4AA
cannot be a contributor to the Scheme under
Part 3AA.".
5 New section 4AA inserted--Eligible protective
25 services officer may make election
After section 4A of the Emergency Services
Superannuation Act 1986 insert--
"4AA Eligible protective services officer may
make election
30 (1) An eligible protective services officer who is
a member of the ESSPLAN Scheme may
within the election period elect to become a
contributor to the Scheme under Part 3AA.
561344B.I-5/5/2009 4 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 2--Emergency Services Superannuation Act 1986
s. 6
(2) An election under subsection (1)--
(a) must be in writing addressed to the
Board in a form approved by the Board;
(b) cannot be withdrawn after the eligible
5 protective services officer has been
advised by the Board that the election
has been accepted;
(c) ceases to have effect, if before the
Board has accepted the election, the
10 eligible protective services officer--
(i) dies; or
(ii) suffers a disability; or
(iii) terminates service.
(3) The Minister may, on the advice of the
15 Board, by further notice published in the
Government Gazette before the expiry of the
election period extend the election period to
a later date specified in the notice.
(4) For the purposes of this section, election
20 period means the period specified by the
Minister by notice published in the
Government Gazette to be the specified
period in respect of all eligible protective
services officers or in respect of classes of
25 eligible protective services officers specified
in the notice.".
6 Amendment of section 6--Objectives and duties of
Board
(1) In section 6(2)(h) of the Emergency Services
30 Superannuation Act 1986 after "Part VIIIB"
insert "and VIIIAB".
561344B.I-5/5/2009 5 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 2--Emergency Services Superannuation Act 1986
s. 6
(2) After section 6(2)(h) of the Emergency Services
Superannuation Act 1986 insert--
"(ha) ensure that the provisions of Subdivision B
of Division 3 of Part VI of the
5 Commonwealth Bankruptcy Act 1966 and
regulations made under that Act for the
purposes of that Subdivision are complied
with; and".
(3) In section 6(2C) of the Emergency Services
10 Superannuation Act 1986--
(a) after "Part VIIIB" (where twice occurring)
insert "or VIIIAB";
(b) for "that Part" (where twice occurring)
substitute "those Parts".
15 (4) After section 6(2C) of the Emergency Services
Superannuation Act 1986 insert--
"(2D) If any provision of Subdivision B of
Division 3 of Part VI of the Commonwealth
Bankruptcy Act 1966 or of any regulations
20 made under that Act for the purposes of that
Subdivision is inconsistent with a
Superannuation Act or any regulations made
under a Superannuation Act or the governing
instrument of an administered scheme, the
25 Board is to be taken to have complied with
the Superannuation Act or the regulations or
the governing instrument of the administered
scheme if the Board has complied with the
provision of Subdivision B of Division 3 of
30 Part VI of the Commonwealth Bankruptcy
Act 1966 or of any regulations made under
that Act for the purposes of that
Subdivision.".
561344B.I-5/5/2009 6 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 2--Emergency Services Superannuation Act 1986
s. 7
7 Amendment of section 20--Scheme may be
supplemented by Consolidated Fund
After section 20(1)(ad) of the Emergency
Services Superannuation Act 1986 insert--
5 "(ae) protective services officers other than
eligible protective services officers; or
(af) eligible protective services officers to whom
section 4(7A) applies; or".
8 Amendment of section 20B--Membership
10 After section 20B(4)(b) of the Emergency
Services Superannuation Act 1986 insert--
"(ba) in the case of an eligible protective services
officer to whom section 4(7A) applies, any
period during which the eligible protective
15 services officer was not a contributor to the
Scheme; or".
9 Amendment of section 20E--Death of contributor
or police recruit
After section 20E(8) of the Emergency Services
20 Superannuation Act 1986 insert--
"(9) This section applies to a protective services
officer who was a contributor before
section 3 of the Superannuation
Legislation Amendment Act 2009 comes
25 into operation as if he or she continued not to
be an operational staff member after that
commencement.".
561344B.I-5/5/2009 7 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 2--Emergency Services Superannuation Act 1986
s. 10
10 Amendment of section 20F--Disability of
contributor or police recruit
After section 20F(21) of the Emergency Services
Superannuation Act 1986 insert--
5 "(22) This section applies to a protective services
officer who was a contributor before
section 3 of the Superannuation
Legislation Amendment Act 2009 comes
into operation as if he or she continued not to
10 be an operational staff member after that
commencement.".
11 Amendment of section 21--Definitions
In section 21 of the Emergency Services
Superannuation Act 1986, in the definition of
15 member, after paragraph (c) insert--
"or
(d) a beneficiary who has a beneficiary account
and applies to become a member of the
ESSPLAN Scheme in accordance with
20 section 21B(1)(ca);".
12 Amendment of section 21B--Membership of
ESSPLAN
After section 21B(1)(c) of the Emergency
Services Superannuation Act 1986 insert--
25 "(ca) if the person is a beneficiary who has a
beneficiary account and applies in writing to
the Board to become a member, if and when
the Board accepts the application; or".
561344B.I-5/5/2009 8 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 2--Emergency Services Superannuation Act 1986
s. 13
13 New section 21JB inserted--Optional disability and
death cover for eligible spouses
After section 21JA of the Emergency Services
Superannuation Act 1986 insert--
5 "21JB Optional disability and death cover for
eligible spouses
(1) The Board may in accordance with this
section offer optional disability and death
cover to eligible spouses who are spouse
10 account holders under section 21JA whom
the Board determines are eligible.
(2) The Board may determine the level of
optional disability and death cover and the
basis on which and the terms and conditions
15 that are to apply.
(3) An application for optional additional
disability and death cover--
(a) must be in the form approved by the
Board; and
20 (b) must be accompanied by any
information required by the Board.
(4) For the purposes of this section, the Board
may require an eligible spouse to submit to
any medical examination that the Board
25 considers appropriate.
(5) The Board may obtain any evaluation of any
medical examination or other information
provided as the Board considers appropriate.
(6) Unless the Board otherwise determines,
30 disability and death cover in force under this
section ceases after the eligible spouse
ceases to be a member.".
561344B.I-5/5/2009 9 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 2--Emergency Services Superannuation Act 1986
s. 14
14 Consequential amendment of section 21G--
Disability and death insurance under ESSPLAN
In section 21G(1) of the Emergency Services
Superannuation Act 1986 for "and 21FA"
5 substitute ", 21FA and 21JB".
15 Amendment of section 22E--Definitions
In section 22E(1) of the Emergency Services
Superannuation Act 1986--
(a) after the definition of splitting order
10 insert--
"spouse has the meaning given by section
90MD of the Commonwealth Family
Law Act 1975;";
(b) in the definition of superannuation
15 agreement for "section 90MH" substitute
"section 90MD".
16 Amendment of section 22F--Obligation on Board
(1) In section 22F(1) of the Emergency Services
Superannuation Act 1986 after "Part VIIIB"
20 insert "or VIIIAB".
(2) After section 22F(2) of the Emergency Services
Superannuation Act 1986 insert--
"(2A) This section also applies to--
(a) a superannuation agreement which
25 provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
which was served on the Board under Part
30 VIIIAB of the Commonwealth Family Law
Act 1975 before the commencement of
section 16 of the Superannuation
Legislation Amendment Act 2009 if the
561344B.I-5/5/2009 10 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 2--Emergency Services Superannuation Act 1986
s. 16
non-member spouse's entitlements in respect
of the superannuation interest have not been
satisfied as at that commencement.".
__________________
561344B.I-5/5/2009 11 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 3--Constitution Act 1975
s. 17
PART 3--CONSTITUTION ACT 1975
17 Amendment of section 5A--Definitions relating to
pensions
See: (1) In section 5A(1) of the Constitution Act 1975--
Act No.
8750.
5 Reprint No. 19
(a) in the definition of spouse; after "of a
as at person" insert "(except in sections 83(8) to
15 January
2009
83(22))";
and
amending (b) in the definition of superannuation
Act No. agreement for "section 90MH" substitute
4/2009.
10 LawToday: "section 90MD".
www.
legislation. (2) After 5A(1) of the Constitution Act 1975
vic.gov.au insert--
"(1A) For the purposes of sections 83(8) to 83(22),
spouse has the meaning given by section
15 90MD of the Commonwealth Family Law
Act 1975.".
18 Amendment of section 7--Appropriation for staff
and other expenses of the Governor
(1) After section 7(1A) of the Constitution Act 1975
20 insert--
"(1AA) If the Governor enters into an arrangement
under Schedule 1A to the Public
Administration Act 2004, the Governor
may receive the whole or part of his or her
25 total amount of future remuneration as non-
salary benefits of an equivalent value.".
(2) In section 7(2) of the Constitution Act 1975 after
"salary" insert "(including the amount of any non-
salary benefits)".
561344B.I-5/5/2009 12 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 3--Constitution Act 1975
s. 19
(3) After section 7(3) of the Constitution Act 1975
insert--
"(4) Despite the commencement of the
amendments of this section made by
5 section 18 of the Superannuation
Legislation Amendment Act 2009, this
section (as in force immediately before the
commencement of that section 18) continues
to apply during the continuance in office
10 after that commencement of the person who
held office as Governor immediately before
that commencement.
(5) In this section, non-salary benefits has the
same meaning as it has in clause 3(5) of
15 Schedule 1A to the Public Administration
Act 2004.".
19 Amendment of section 83--As to pensions of Judges
of the Supreme Court and their partners and
children
20 (1) In section 83(9) of the Constitution Act 1975
after "Part VIIIB" insert "or VIIIAB".
(2) After section 83(10) of the Constitution Act 1975
insert--
"(10A) This section also applies to--
25 (a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
30 which was served on the Minister under Part
VIIIAB of the Commonwealth Family Law
Act 1975 before the commencement of
section 19 of the Superannuation
Legislation Amendment Act 2009 if the
35 non-member spouse's entitlements in respect
561344B.I-5/5/2009 13 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 3--Constitution Act 1975
s. 19
of the superannuation interest have not been
satisfied as at that commencement.".
__________________
561344B.I-5/5/2009 14 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 4--County Court Act 1958
s. 20
PART 4--COUNTY COURT ACT 1958
20 Amendment of section 3AA--Definitions relating to
pensions
(1) In section 3AA(1) of the County Court 1958-- See:
Act No.
6230.
5 (a) in the definition of spouse; after "of a Reprint No. 13
person" insert "(except in sections 14(7) to as at
15 January
14(21))"; 2009
and
(b) in the definition of superannuation amending
agreement for "section 90MH" substitute Act Nos
8/2008,
10 "section 90MD". 78/2008,
4/2009 and
(2) After 3AA(1) of the County Court Act 1958 9/2009.
insert-- LawToday:
www.
legislation.
"(1A) For the purposes of sections 14(7) to 14(21), vic.gov.au
spouse has the meaning given by section
15 90MD of the Commonwealth Family Law
Act 1975.".
21 Amendment of section 14--Provisions for pensions
to County Court judges and their partners
(1) In section 14(8) of the County Court Act 1958
20 after "Part VIIIB" insert "or VIIIAB".
(2) After section 14(9) of the County Court Act
1958 insert--
"(9A) This section also applies to--
(a) a superannuation agreement which
25 provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
which was served on the Minister under Part
30 VIIIAB of the Commonwealth Family Law
Act 1975 before the commencement of
section 21 of the Superannuation
561344B.I-5/5/2009 15 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 4--County Court Act 1958
s. 21
Legislation Amendment Act 2009 if the
non-member spouse's entitlements in respect
of the superannuation interest have not been
satisfied as at that commencement.".
__________________
561344B.I-5/5/2009 16 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 5--Parliamentary Salaries and Superannuation Act 1968
s. 22
PART 5--PARLIAMENTARY SALARIES AND
SUPERANNUATION ACT 1968
22 New section 18A inserted--Re-instatement of
pension cancelled on the ground of re-marriage
5 After section 18 of the Parliamentary Salaries See:
Act No.
and Superannuation Act 1968 insert-- 7723.
Reprint No. 9
"18A Re-instatement of pension cancelled on as at
1 December
the ground of re-marriage 2005
and
(1) This section applies to a person who-- amending
Act Nos
10 (a) received a pension under section 18 as 97/2005,
the partner of a deceased member; and 4/2007,
41/2007,
12/2008,
(b) as a result of re-marriage, had their 83/2008 and
entitlement to that pension cancelled. 4/2009.
LawToday:
(2) A person to whom this section applies may www.
legislation.
15 apply in writing to the Parliamentary Trustee vic.gov.au
to receive a pension under section 18.
(3) The Parliamentary Trustee must grant an
application made under subsection (2) if the
Parliamentary Trustee is satisfied that--
20 (a) the applicant is a person to whom this
section applies; and
(b) the applicant would be entitled to a
pension under section 18 as the partner
of a deceased member but for the re-
25 marriage.
(4) The Parliamentary Trustee may require a
person who has made an application under
subsection (2) to provide any information
that the Parliamentary Trustee considers is
30 necessary to enable the Parliamentary
Trustee to determine the matters specified in
subsection (3).
561344B.I-5/5/2009 17 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 5--Parliamentary Salaries and Superannuation Act 1968
s. 23
(5) If the Parliamentary Trustee grants an
application made under subsection (2), the
person is entitled to be paid a pension in
accordance with section 18 as from the date
5 on which the application was made.".
23 Amendment of section 21CA--Definitions
In section 21CA(1) of the Parliamentary
Salaries and Superannuation Act 1968--
(a) after the definition of splitting order
10 insert--
"spouse has the meaning given by section
90MD of the Commonwealth Family
Law Act 1975;";
(b) in the definition of superannuation
15 agreement for "section 90MH" substitute
"section 90MD".
24 Amendment of section 21CC--Obligation on
Parliamentary Trustee
(1) In section 21CC(1) of the Parliamentary
20 Salaries and Superannuation Act 1968 after
"Part VIIIB" insert "or VIIIAB".
(2) After section 21CC(2) of the Parliamentary
Salaries and Superannuation Act 1968 insert--
"(2A) This section also applies to--
25 (a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
30 which was served on the Parliamentary
Trustee under Part VIIIAB of the
Commonwealth Family Law Act 1975
before the commencement of section 24 of
561344B.I-5/5/2009 18 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 5--Parliamentary Salaries and Superannuation Act 1968
s. 24
the Superannuation Legislation
Amendment Act 2009 if the non-member
spouse's entitlements in respect of the
superannuation interest have not been
5 satisfied as at that commencement.".
__________________
561344B.I-5/5/2009 19 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 6--State Employees Retirement Benefits Act 1979
s. 25
PART 6--STATE EMPLOYEES RETIREMENT BENEFITS
ACT 1979
25 Amendment of section 24A--Eligible member
account
5 See: After section 24A(6) of the State Employees
Act No 9363.
Reprint No. 6 Retirement Benefits Act 1979 insert--
as at
1 December "(6A) A member may elect in writing to roll over,
2005
and
transfer or allot the net balance of the
amending member's eligible member account within
Act Nos
10 97/2005,
the superannuation system.".
24/2006,
37/2007,
12/2008 and
4/2009.
LawToday:
www.
legislation.
vic.gov.au
26 Amendment of section 66AA--Definitions
In section 66AA(1) of the State Employees
Retirement Benefits Act 1979--
(a) after the definition of splitting order
15 insert--
"spouse has the meaning given by section
90MD of the Commonwealth Family
Law Act 1975;";
(b) in the definition of superannuation
20 agreement for "section 90MH" substitute
"section 90MD".
27 Amendment of section 66AC--Obligation on Board
(1) In section 66AC(1) of the State Employees
Retirement Benefits Act 1979 after "Part VIIIB"
25 insert "or VIIIAB".
561344B.I-5/5/2009 20 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 6--State Employees Retirement Benefits Act 1979
s. 27
(2) After section 66AC(2) of the State Employees
Retirement Benefits Act 1979 insert--
"(2A) This section also applies to--
(a) a superannuation agreement which
5 provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
which was served on the Board under Part
10 VIIIAB of the Commonwealth Family Law
Act 1975 before the commencement of
section 27 of the Superannuation
Legislation Amendment Act 2009 if the
non-member spouse's entitlements in respect
15 of the superannuation interest have not been
satisfied as at that commencement.".
__________________
561344B.I-5/5/2009 21 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 7--State Superannuation Act 1988
s. 28
PART 7--STATE SUPERANNUATION ACT 1988
28 New section 38 inserted--Re-instatement of pension
cancelled on the ground of re-marriage
See: After section 37 of the State Superannuation Act
Act No.
5 50/1988. 1988 insert--
Reprint No. 6
as at "38 Re-instatement of pension cancelled on
1 December
2005
the ground of re-marriage
and
amending (1) This section applies to a person who--
Act Nos
97/2005, (a) received a pension under section 36 or
10 24/2006, 37 as the partner of a deceased revised
37/2007,
12/2008, scheme member or pensioner; and
43/2008,
70/2008 and (b) as a result of re-marriage, had their
4/2009.
LawToday:
entitlement to that pension cancelled.
www.
legislation. (2) A person to whom this section applies may
15 vic.gov.au apply in writing to the Board to receive a
pension under section 36 or 37.
(3) The Board must grant an application made
under subsection (2) if the Board is satisfied
that--
20 (a) the applicant is a person to whom this
section applies; and
(b) the applicant would be entitled to a
pension under section 36 or 37 as the
partner of a deceased revised scheme
25 member or pensioner but for the re-
marriage.
(4) If the Board grants an application made
under subsection (2), the person is entitled to
be paid a pension in accordance with section
30 36 or 37 as from the date on which the
application was made.".
561344B.I-5/5/2009 22 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 7--State Superannuation Act 1988
s. 29
29 Amendment of section 59AA--Definitions
In section 59AA(1) of the State Superannuation
Act 1988--
(a) after the definition of splitting order
5 insert--
"spouse has the meaning given by section
90MD of the Commonwealth Family
Law Act 1975;";
(b) in the definition of superannuation
10 agreement for "section 90MH" substitute
"section 90MD".
30 Amendment of section 59AC--Obligation on Board
(1) In section 59AC(1) of the State Superannuation
Act 1988 after "Part VIIIB" insert "or VIIIAB".
15 (2) After section 59AC(2) of the State
Superannuation Act 1988 insert--
"(2A) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
20 (b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
which was served on the Board under Part
VIIIAB of the Commonwealth Family Law
25 Act 1975 before the commencement of
section 30 of the Superannuation
Legislation Amendment Act 2009 if the
non-member spouse's entitlements in respect
of the superannuation interest have not been
30 satisfied as at that commencement.".
561344B.I-5/5/2009 23 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 7--State Superannuation Act 1988
s. 31
31 Amendment of section 60A--Eligible member
account
After section 60A(6) of the State
Superannuation Act 1988 insert--
5 "(6A) A contributor may elect in writing to roll
over, transfer or allot the net balance of the
contributor's eligible member account within
the superannuation system.".
__________________
561344B.I-5/5/2009 24 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 8--Transport Superannuation Act 1988
s. 32
PART 8--TRANSPORT SUPERANNUATION ACT 1988
32 Amendment of section 28A--Eligible member
account
After section 28A(6) of the Transport See:
Act No.
5 Superannuation Act 1988 insert-- 33/1988.
Reprint No. 5
"(6A) A member may elect in writing to roll over, as at
1 December
transfer or allot the net balance of the 2005
member's eligible member account within and
amending
the superannuation system.". Act Nos
97/2005,
37/2007,
12/2008,
43/2008 and
4/2009.
LawToday:
www.
legislation.
vic.gov.au
10 33 Amendment of section 36AA--Definitions
In section 36AA(1) of the Transport
Superannuation Act 1988--
(a) after the definition of splitting order
insert--
15 "spouse has the meaning given by section
90MD of the Commonwealth Family
Law Act 1975;";
(b) in the definition of superannuation
agreement for "section 90MH" substitute
20 "section 90MD".
561344B.I-5/5/2009 25 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 8--Transport Superannuation Act 1988
s. 34
34 Amendment of section 36AC--Obligation on Board
(1) In section 36AC(1) of the Transport
Superannuation Act 1988 after "Part VIIIB"
insert "or VIIIAB".
5 (2) After section 36AC(2) of the Transport
Superannuation Act 1988 insert--
"(2A) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
10 (b) a flag lifting agreement which provides
for a payment split; or
(c) a splitting order--
which was served on the Board under Part
VIIIAB of the Commonwealth Family Law
15 Act 1975 before the commencement of
section 34 of the Superannuation
Legislation Amendment Act 2009 if the
non-member spouse's entitlements in respect
of the superannuation interest have not been
20 satisfied as at that commencement.".
__________________
561344B.I-5/5/2009 26 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 9--Superannuation (Portability) Act 1989
s. 35
PART 9--SUPERANNUATION (PORTABILITY) ACT 1989
35 Amendment of section 3--Definitions
(1) In section 3(1) of the Superannuation See:
Act No.
(Portability) Act 1989, in the definition of 14/1989.
5 spouse, after "of a person" insert "(except in Reprint No. 5
as at
sections 9AA to 9AD)". 1 December
2005
(2) In section 3(4) of the Superannuation and
amending
(Portability) Act 1989-- Act Nos
37/2007,
(a) after the definition of splitting order 12/2008 and
10 insert-- 4/2009.
LawToday:
"spouse, in sections 9AA to 9AD, has the www.
legislation.
meaning given by section 90MD of the vic.gov.au
Commonwealth Family Law Act
1975;";
15 (b) in the definition of superannuation
agreement for "section 90MH" substitute
"section 90MD".
36 Amendment of section 9AA--Obligation on
administrators
20 (1) In section 9AA(1) of the Superannuation
(Portability) Act 1989 after "Part VIIIB" insert
"or VIIIAB".
(2) After section 9AA(2) of the Superannuation
(Portability) Act 1989 insert--
25 "(2A) This section also applies to--
(a) a superannuation agreement which
provides for a payment split; or
(b) a flag lifting agreement which provides
for a payment split; or
30 (c) a splitting order--
which was served on the administrators
under Part VIIIAB of the Commonwealth
561344B.I-5/5/2009 27 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 9--Superannuation (Portability) Act 1989
s. 36
Family Law Act 1975 before the
commencement of section 36 of the
Superannuation Legislation Amendment
Act 2009 if the non-member spouse's
5 entitlements in respect of the superannuation
interest have not been satisfied as at that
commencement.".
__________________
561344B.I-5/5/2009 28 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Part 10--Repeal of Amending Act
s. 37
PART 10--REPEAL OF AMENDING ACT
37 Repeal of Act
This Act is repealed on 1 July 2011.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561344B.I-5/5/2009 29 BILL LA INTRODUCTION 5/5/2009
Superannuation Legislation Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561344B.I-5/5/2009 30 BILL LA INTRODUCTION 5/5/2009
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