Victorian Consolidated Legislation

EMERGENCY SERVICES SUPERANNUATION ACT 1986

No. 94 of 1986
Version incorporating amendments as at 1 July 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   3A.     Declaration of eligible salary sacrifice contributors
   4.      Application of Act
   4A.     Payment of contributions by employers
   4B.     Effect of Act
   4C.     Guarantee of no detriment
   4D.     Review of decision

   PART 2-EMERGENCY SERVICES SUPERANNUATION BOARD

   5.      Establishment of Board
   6.      Objectives and duties of Board
   6A.     Functions and powers of the Board
   7.      Membership of the Board
   8.      Vacancies on Board
   9.      Deputies-elected members
   9A.     Deputies-nominated members
   10.     Suspension and removal of members
   11.     Payment of members
   12.     Procedure of the Board
   12A.    Resolutions without meetings
   12B.    Improper use of information
   12C.    Committees of the Board
   12D.    Pecuniary interests of members of the Board
   13.     Chief Executive Officer
   13A.    Staff
   14.     Delegation

   PART 3-EMERGENCY SERVICES SUPERANNUATION SCHEME

   15.     Establishment of Scheme
   16.     Repealed
   17.     Borrowing and investment powers
   17A.    Investment funds
   17B.    Group accounts
   18.     Management Account of the Board
   19.     Actuarial investigation of the Scheme

   PART 3AA-CONTRIBUTIONS AND BENEFITS

   20.     Scheme may be supplemented by Consolidated Fund
   20A.    Contributions
   20B.    Membership
   20C.    Accrued benefits
   20D.    Retirement of contributor
   20E.    Death of contributor or police recruit
   20F.    Disability of contributor or police recruit
   20G.    Temporary pension for illness or injury
   20H.    Termination due to ill health
   20I.    Indexation of pensions
   20J.    Retrenchment of contributor
   20K.    Other termination of service of contributor
   20L.    Restriction of death and disability benefits
   20M.    Optional contributions during leave of absence
   20N.    Legal personal representatives
   20O.    Death benefit when no dependants
   20P.    Payment of benefits in case of multiple claimants
   20PA.   Entitlements in respect of returning members who are operational staff members
   20Q.    Separate employer accounts
   20R.    Remittance of contributions
   20S.    Minimum Requisite Benefit

   PART 3A-ESSPLAN SCHEME

   21.     Definitions
   21A.    ESSPLAN Scheme
   21B.    Membership of ESSPLAN
   21C.    Employer contributions
   21D.    Member's contributions for ESSPLAN
   21E.    Amount and payment of benefits under ESSPLAN
   21F.    Disability and death cover under ESSPLAN
   21FA.   Optional additional disability and death cover under ESSPLAN
   21G.    Disability and death insurance under ESSPLAN
   21H.    Amount and payment of disability or death benefits
   21I.    Member's accounts for ESSPLAN
   21IA.   Contribution splitting
   21J.    Beneficiaries Accounts
   21JA.   Spouse Accounts
   21JB.   Optional disability and death cover for eligible spouses
   21K.    Investment funds
   21L.    Net earning rate
   21M.    Roll over or transfer of preserved benefit
   21N.    Transfer to or from new scheme
   21O.    Roll over or transfer of benefits to other fund

   PART 4-TRANSFER FROM OTHER SUPERANNUATION FUNDS

   22.     Pensions for former contributors to other funds
   22A.    Transfer of assets and liabilities of Police Pensions Fund and Police Superannuation Fund
   22B.    Transfer of assets in respect of VEISF beneficiaries
   22C.    Provisions relating to transferred beneficiaries
   22D.    Commutation of pension not exceeding declared rate

   PART 4AA-TRANSFER OF THE STATE SUPERANNUATION FUND AND TRANSFER OF ADMINISTRATION OF THE MTA SUPERANNUATION FUND AND RELATED MATTERS

   22DA.   Definitions
   22DB.   Transfer of assets and liabilities of the State Superannuation Fund
   22DC.   Board is successor in law
   22DD.   Exemption from stamp duty or other tax
   22DE.   Transitional provision-Registrar of Titles

   PART 4AB-TRANSFER OF ADMINISTRATION OF DECLARED PUBLIC SECTOR SUPERANNUATION
   SCHEMES

   22DF.   Application of this Part
   22DG.   Declaration of administered schemes
   22DH.   Board is successor in law
   22DI.   Conflict between duties, functions and powers
   22DJ.   Matters which may be included in Order in Council
   22DK.   General provisions relating to Orders in Council
   22DL.   Exemption from stamp duty or other tax
   22DM.   Transitional provision-Registrar of Titles

   PART 4A-FAMILY LAW PROVISIONS

   22E.    Definitions
   22EA.   Accrued benefit multiple
   22F.    Obligation on Board
   22G.    Reduction of benefit or accrued benefit entitlement
   22H.    Board may provide additional information
   22I.    Charging of fees

   PART 5-REVIEW OF DECISIONS OF BOARD

   23.     Person may request Board to reconsider decision

   PART 6-GENERAL

   23AA.   Payment of benefits subject to specified standards
   23A.    Application for disability benefit
   24.     Medical issues
   25.     Repealed
   25A.    Taxation on benefits
   25AA.   No detriment provision
   25B.    Surcharge debt account
   25C.    Commutation of pension to meet surcharge liability
   26.     Assignment or charging of interest
   26A.    Early release of benefits
   27.     Money owing to the Scheme
   27A.    Unpaid lump sum benefits
   28.     Minors
   28A.    Payment of benefits if person is incapable
   29.     Board may require information
   29A.    Specified standards

   PART 7-REGULATIONS

           30, 30A. Repealed
   31.     Regulations generally
   32.     Regulations under this Act

   PART 8-Repealed

           33-35. Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details