Victorian Consolidated Legislation

Emergency Services Superannuation Act 1986 - SECT 3

Definitions

3. Definitions



(1) In this Act-





actuary means a fellow or accredited member of the Institute of Actuaries of
Australia approved by the Minister;

adjusted total contributions means the sum of-

   (a)  the total contributions (other than optional contributions under
        section 20M made after 31 December 1987) which would have been made by
        a contributor under the Scheme if the salary of the contributor had
        always been equal to the salary of the contributor at the date of
        termination of service; and

   (b)  a percentage of salary at the date of termination of service of the
        contributor determined by the Board having regard to the period of
        membership and contributions under a prior fund and any benefits paid
        to the contributor from a prior fund; and

   (c)  a percentage of salary at the date of termination of service of the
        contributor determined by the Board having regard to any money or
        other assets transferred from an approved superannuation arrangement;

administered scheme means-

   (a)  the MTA Superannuation Fund; and

   (b)  a public sector superannuation scheme which is declared to be an
        administered scheme under section 22DG;
appointed day, in respect of an administered scheme within the meaning of
paragraph (b) of the definition of "administered scheme", means the appointed
day specified in the Order in Council made under section 22DG in respect of
the transfer of the administered scheme;

approved superannuation arrangement means a superannuation arrangement which
has been approved by the Minister;

benefit means any amount paid or payable by the Board out of the Scheme under
this Act;

Board means Emergency Services Superannuation Board; Chief Executive Officer
means the Chief Executive Officer of the Board appointed to be the Chief
Executive Officer under section 13 or a person appointed to act as the Chief
Executive Officer under that section;

child in relation to a deceased contributor or former contributor or member or
former member or police recruit or former police recruit means a child of the
person or the person's partner other than any child born more than 10 months
after the person's death who is-

   (a)  under 18 years of age; or

   (b)  between the age of 18 and 25 years and in the opinion of the Board is
        a full-time student;

complying superannuation fund means a superannuation entity or a
superannuation fund within the meaning of section 10 of the Commonwealth
Superannuation Industry (Supervision) Act 1993 which is a complying
superannuation fund or a complying approved deposit fund within the meaning of
Part IX of the Commonwealth Income Tax Assessment Act 1936;

consumer price index means the all groups consumer price index number for all
Capital Cities published by the Commonwealth Statistician in respect of the
June and December quarter for each year;

contributor means an employee who will be, is, or has been, liable to
contribute to the Scheme under Part 3AA with respect to the entitlement to
benefits under that Scheme;

current equivalent of salary on termination of service means the salary (in
accordance with section 4(1E)(f)) that the Board determines, having regard to
increases in salary that have occurred since the termination of service of the
former contributor or former police recruit, as being equivalent to the salary
that was payable to the contributor or police recruit immediately prior to
termination of service;

dependant means in relation to a deceased contributor or former contributor or
member or former member or police recruit or former police recruit-

   (a)  the partner or any child of the contributor or former contributor or
        member or former member or police recruit or former police recruit; or

   (b)  any other person who in the opinion of the Board was at the date of
        death of the contributor or former contributor or member or former
        member or police recruit or former police recruit, wholly or partially
        dependent on the contributor or former contributor or member or former
        member or police recruit or former police recruit or who at that date
        had a legal right to look to the contributor or former contributor or
        member or former member or police recruit or former police recruit for
        financial support;

disability means-

   (a)  if a disability benefit insurance policy is in force in respect of a
        member, disability as defined in or for the purposes of that policy;
        or

   (b)  in any other case, the inability of a contributor or member before the
        age of 60 years or of a police recruit due to a continuing or
        recurring injury, disease or infirmity to ever-

   (i)  perform his or her duties; and

   (ii) perform any other duties for which he or she is suited by education,
        training or experience or for which he or she would be suited as a
        result of retraining- as determined by the Board on the basis of
        reports provided by at least 2 registered medical practitioners
        appointed by the Board; domestic partner of a person means-

   (a)  a person who is, or was at the time of the person's death, in a
        registered relationship with the person; or

   (b)  a person to whom the person is not married but with whom, in the
        opinion of the Board, the person is, or was at the time of the
        person's death, living as a couple on a genuine domestic basis
        (irrespective of gender); eligible beneficiary means a person who is
        entitled to a benefit under a Superannuation Act (other than this Act)
        or an administered scheme; eligible salary sacrifice contributor means
        a contributor in respect of whom a declaration is in force under
        section 3A;



employee means a person who is-

   (a)  an officer or other member of the police force of Victoria under the
        Police Regulation Act 1958; or

   (b)  a member of the Retired Police Reserve of Victoria under
        section 103(3) of the Police Regulation Act 1958 who has not, on
        retirement (on grounds other than disability) at the age of 50 or
        over, become entitled to a benefit under the
        State Superannuation Act 1988 or this Act; or

   (ba) a protective services officer appointed under section 118B of the
        Police Regulation Act 1958; or

   (c)  an officer or employee of the Metropolitan Fire Brigades Board or a
        member of the Metropolitan Fire Brigades Board appointed under
        section 7(1) of the Metropolitan Fire Brigades Act 1958; or

   (d)  a person appointed by the Country Fire Authority under section 17 of
        the Country Fire Authority Act 1958 or a member of the Country Fire
        Authority appointed under section 7 of that Act; or

   (e)  an officer of the Department of Natural Resources and Environment who
        is a permanent officer who is employed full time in operational fire
        protection duties and is declared or is within a class of persons
        which are declared for the purposes of this Act by the Minister by
        notice published in the Government Gazette; or

   (f)  an employee of Ambulance Service-Victoria within the meaning of the
        Ambulance Services Act 1986 or any other ambulance service declared
        for the purposes of this Act by the Minister by notice published in
        the Government Gazette; or

   (g)  a person employed by the Board before 1 December 2005 or in accordance
        with section 13 or 13A or to which section 13A(3)(b) applies; or

   (h)  a person referred to in paragraph (a), (b), (ba), (c), (d), (e), (f)
        or (g) who has resigned or has been given leave of absence without pay
        to act as a full-time officer of-

   (i)  a union; or

   (ii) an employee organisation- which is approved by the Minister; or

   (i)  an employee within the meaning of the Commonwealth Superannuation
        Guarantee (Administration) Act 1992 not being a person whose
        eligibility to be a member would but for this paragraph be determined
        by the application of paragraph (e) or (h);

employer means the employer of-

   (a)  an employee; or

   (b)  a police recruit; governing body means the person or body
        administering a public sector superannuation scheme but does not
        include the Board;

governing instrument means the Act, regulations, by-law, trust deed or other
document whatsoever or any combination of such documents by or under which a
public sector superannuation scheme is established or maintained;

ill health means a continuous or recurring impairment of the health of a
contributor which is due to a physical or mental incapacity, bodily injury,
illness or disease, which in the opinion of the Board-

   (a)  is not a disability; and

   (b)  is likely to be adversely affected if the contributor remains in his
        or her employment or returns to employment with an employer; and

   (c)  does not preclude the contributor from seeking alternative employment;
        and

   (d)  has not been incurred or inflicted for the purpose of obtaining a
        benefit;

nominee means in relation to a deceased contributor or former contributor-

   (a)  any person nominated by the contributor as a legal personal
        representative under section 20N(1); or

   (b)  any person deemed to be a contributor's legal personal representative
        under section 20N(3); or

   (c)  any person over the age of 18 years who is not in the opinion of the
        Board a full-time student and to whom the contributor has been the
        natural or adoptive parent.

* * * * *







operational staff member means a contributor who is or has been during any
period of service in respect of which benefits may become payable under the
Scheme-

   (a)  a member of the Victoria Police who has completed a course either in
        Victoria or elsewhere which enables him or her to undertake general
        duties as a member of the Victoria Police and who has taken and
        subscribed an oath under section 13 of the Police Regulation Act 1958;

   (b)  an employee of the Department of Natural Resources and Environment;

   (c)  any employee within the meaning of paragraphs (c), (d) and (f) of the
        definition of employee who is declared or is within a class of persons
        which are declared for the purposes of this Act by the Minister by
        notice published in the Government Gazette and is designated by an
        employer as an operational staff member;
(d) any other employee (other than an employee within the meaning of
paragraphs (a), (ba), (e) and (g) of the definition of "employee") who is
designated by an employer as an operational staff member and who is approved
as such by the Board;

partner of a person means-

   (a)  in relation to a person who became entitled to benefits under this Act
        before the commencement of section 5 of the Statute Law Amendment
        (Relationships) Act 2001-

   (i)  the person's husband, wife, widower or widow; or

   (ii) a person of the opposite sex who, though not married to the person, in
        the opinion of the Board lives with the person, or lived with the
        person at the date of the person's death, on a bona fide domestic
        basis as the person's husband or wife;

   (b)  in any other case-the person's spouse or domestic partner;

part-time contributor means a contributor employed on a permanent basis which
requires less than full-time service;

pensioner means a person receiving a pension under this Act;

police recruit means a person employed under section 8A of the
Police Regulation Act 1958;





prior fund means-

   (a)  the Superannuation Fund operated under the Superannuation Act 1958; or

   (b)  the Police Pensions Fund operated under the
        Police Regulation Act 1958; or

   (c)  the Metropolitan Fire Brigades Superannuation Fund operated under the
        Metropolitan Fire Brigades Superannuation Act 1976; or

   (d)  the Hospitals Superannuation Fund operated under the Hospitals
        Superannuation Act 1965; or

   (e)  the State Superannuation Fund operated under the
        State Superannuation Act 1988; public sector superannuation scheme
        means a scheme for the payment of superannuation, retirement or death
        benefits which is established or maintained-

   (a)  by or under an Act; or

   (b)  by a public authority, statutory body, body corporate or other body
        constituted by or under an Act;

retrenchment means the termination of employment or service of a contributor
who has not attained the minimum age for retirement and in respect of whom the
employer certifies in writing to the Board that the contributor has been
retrenched for the purposes of this Act; returning member means a person who-

   (a)  was as an officer or other member of the police force of Victoria
        under the Police Regulation Act 1958; and

   (b)  is re-appointed under a fixed term agreement as an officer or other
        member of the police force of Victoria under the
        Police Regulation Act 1958;

salary means-

   (a)  the amount, computed as determined by the Board, of the annual rate of
        remuneration for the time being payable periodically and regularly to
        a contributor or a police recruit by an employer excluding any expense
        of office or uniform allowance, reimbursement of travelling or other
        incidental expenses and all other allowances which would not
        ordinarily be payable in respect of every pay period in a year of
        employment or during the training of the police recruit; or

   (b)  in the case of a contributor who is engaged under a contract of
        employment, salary means the salary for superannuation purposes
        specified from time to time in that person's contract of employment,
        notified in writing by that contributor's employer to the Board and
        which is approved by the Board;

Scheme means Emergency Services Superannuation Scheme;

specified standards means standards specified under section 29A;



spouse of a person means a person to whom the person is, or was at the time of
the person's death, married;



State Superannuation Fund means the Superannuation Fund established under the
Superannuation Act 1925 and continued under the State Superannuation Act 1988
as the State Superannuation Fund and as in existence immediately before the
commencement of the Superannuation Legislation (Governance Reform) Act 2005;
Superannuation Act means-

   (a)  this Act;

   (b)  Part III of the Police Regulation Act 1958;

   (c)  the State Employees Retirement Benefits Act 1979;

   (d)  the State Superannuation Act 1988;

   (e)  the Superannuation Act 1958;

   (f)  the Transport Superannuation Act 1988; superannuation benefits
        includes superannuation payments, annuities, pensions, allowances,
        lump sum payments or other benefits;

superannuation system has the same meaning as it has in regulation 5.01(1) of
the Superannuation Industry (Supervision) Regulations 1994 of the
Commonwealth;

surchargeable contributions means the surchargeable contributions of a
contributor for a particular financial year worked out in accordance with
section 8 of the Commonwealth Superannuation Contributions Tax (Assessment and
Collection) Act 1997 and any regulations made under that section that apply in
respect of that particular financial year;

surcharge debt account means, in relation to a person who is or has been a
contributor to the Scheme or member of the ESSPLAN Scheme, the surcharge debt
account kept for that person (while he or she was a contributor to the Scheme
or member of the ESSPLAN Scheme) under section 25B;

surcharge deduction amount means, in relation to a person-

   (a)  who is or has been a contributor; and

   (b)  to or in respect of whom benefits become payable under this Act- the
        surcharge deduction amount that is specified in a determination made
        by the Board under section 25B in relation to the person;

termination of service means the cessation of the employment of a contributor
whether voluntary or compulsory;

transferred officer means a person who has made a choice, or is deemed to have
made a choice, under section 4 to contribute to the Scheme.

(2) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not or were not in a registered
        relationship are or were domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case.

(3) A reference in this Act to the administration of a public sector
superannuation scheme includes a reference to the management and control of
the policies of that scheme.

(4) If there is any inconsistency between a provision which by virtue of this
Act is deemed to form part of or is to be read and construed as forming part
of a governing instrument and any other provision of the governing instrument,
the first-mentioned provision prevails.