Victorian Consolidated Legislation

Emergency Services Superannuation Act 1986 - SECT 7

Membership of the Board

7. Membership of the Board



(1) The Board is to consist of 12 members appointed by the Governor in Council
of whom-

   (a)  1 is to be a contributor elected by contributors who are employed
        under the Police Regulation Act 1958 or by the employee organisations
        representing those contributors; and

   (b)  1 is to be a contributor elected by contributors who are officers or
        employees of the Metropolitan Fire and Emergency Services Board or
        persons appointed by the Country Fire Authority under section 17 of
        the Country Fire Authority Act 1958 or by the employees of the unions
        representing those contributors; and

   (c)  1 is to be a contributor elected by contributors who are employees
        appointed by Ambulance Services-Victoria under the
        Ambulance Services Act 1986 or by any other ambulance service
        specified by the Minister under this Act and by contributors who are
        not employees referred to in paragraph (a) or (b); and

   (d)  3 are to be members of the Scheme elected by members of the Scheme;
        and

   (e)  6 are to be persons nominated by the Minister.

(2) The Governor in Council must appoint a member nominated under subsection
(1)(e) to be the President of the Board.

(3) For the purposes of subsection (1)(a), (1)(b) and (1)(c), each of the
contributor members of the Board in office immediately before the commencement
of the Superannuation Legislation (Governance Reform) Act 2005 continue in
office for the remainder of the term for which the member was elected unless
the member ceases to be a member for any of the reasons specified in section
8(1) or is suspended or removed from office;

(4) Despite subsection (1)(d), until 31 December 2006 the members appointed
for the purposes of that subsection as from 1 December 2005 are to be members
of the Scheme being the persons elected under section 10(1)(c) of the
Government Superannuation Act 1999 and in office as members of the Board of
Directors of the Government Superannuation Office immediately before the
commencement of the Superannuation Legislation (Governance Reform) Act 2005
and who are to be members until 31 December 2006, unless the member ceases to
be a member for any of the reasons specified in section 8(1) or is suspended
or removed from office.

(5) Despite subsection (1)(e)-

   (a)  each of the members of the Board, not being an elected member, in
        office immediately before the commencement of the Superannuation
        Legislation (Governance Reform) Act 2005 continue in office for the
        remainder of the term for which the member was appointed; and

   (b)  3 of the members appointed for the purposes of that subsection as from
        1 December 2005 are to be the persons appointed under section 10(1)(b)
        of the Government Superannuation Act 1999 and in office as members of
        the Board of Directors of the Government Superannuation Office
        immediately before the commencement and who are to be members for the
        remainder of the term for which the member was appointed as a member
        of the Board of Directors of the Government Superannuation Office-

unless the member ceases to be a member for any of the reasons specified in
section 8(1) or is suspended or removed from office.

(6) Despite subsection (2), the person who immediately before the commencement
of the Superannuation Legislation (Governance Reform) Act 2005 was the
President continues, subject to this Act, in office for the remainder of the
term for which the person was appointed to be the President.

(7) A member of the Board is to be appointed for a term not exceeding 5 years
as is specified in the member's instrument of appointment.

(8) Despite subsection (7), the term of office of an elected member of the
Board may exceed 5 years but not 6 years if the member is elected to fill a
casual vacancy in respect of a member who had an unexpired term of less than 1
year.

(9) A member of the Board is eligible for re-appointment.

(10) Elections of members to the Board must be held in accordance with
procedures determined by the Board.

(11) If there is no candidate at an election or no person is elected at an
election, the Governor in Council may appoint a person to be a member who is
approved by the Minister and recommended by the relevant employee organisation
or union, although that person has not been elected.

(12) The Board is deemed to be the same body on and after as before the
commencement of the Superannuation Legislation (Governance Reform) Act 2005.

(13) In this section and sections 8(1)(d) and 12-

contributor means-

   (a)  a person who is a contributor within the meaning of section 3(1); or

   (b)  a person who is a member within the meaning of section 21; contributor
        member of the Board" means a member of the Board under subsection
        (1)(a), (1)(b) or (1)(c); member of the Scheme means-

   (a)  a person who is eligible to make contributions under the
        State Superannuation Act 1988 and be the subject of contributions to
        the Scheme by an employing authority under that Act; or

   (b)  a person who is eligible to make contributions under the
        State Employees Retirement Benefits Act 1979 and be the subject of
        contributions to the Scheme by an employer under that Act; or

   (c)  a person who is eligible to make contributions under the
        Transport Superannuation Act 1988 and be the subject of contributions
        to the Scheme by a Transport Authority under that Act; or

   (d)  a person who is eligible to make contributions under the governing
        instrument of an administered scheme and be the subject of
        contributions by an employer under that governing instrument; Scheme
        member of the Board means a member of the Board under subsection
        (1)(d).