Victorian Consolidated Legislation

STATE EMPLOYEES RETIREMENT BENEFITS ACT 1979

No. 9363 of 1979
Version incorporating amendments as at 1 July 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Short title
   2.      Definitions
   2A.     Declaration of eligible salary sacrifice contributors
           3-11. Repealed

   PART II-Repealed

           12-19. Repealed

   PART III-CONTRIBUTIONS

   20.     Part-time and intermittent service
   21.     Permanent employees to be members and contributors
   21A.    Provision as to continuity of membership
   21B.    Provision preventing re-calculation of benefits in certain
           cases
   21C.    Reduction of qualifying period for becoming a permanent employee
   22.     Circumstances in which a member will cease to be a
           contributor
   22A.    Members of approved superannuation schemes
   23.     Rate of contributions
   24.     Contributions deducted from salary
   24A.    Eligible member account
   25.     Payments to the Board
   25A.    Board to certify amount where employer fails to pay
   25B.    Interest on monies owing to Board

   PART IV-PENSIONS AND BENEFITS

   26.     Definition of minimum wage
   27.     Member to furnish personal statement to Board and to
           undergo medical examination
   28.     Medical classification
   29.     Board to determine classification etc.
   30.     Medical classification etc. to be made in accordance with actuarial principles
   31.     Board to notify medical classification to each member
   32.     Submission of information and medical examination
   33.     Entitlement to benefits
   34.     Retrenchment
   34A.    Election by retrenched member
   34AB.   Exempt officers
   34B.    Employer to pay into Fund
   34C.    Interest on money payable by employer
   35.     Resignation
   36.     Resignation on grounds of disability
   37.     Resignation benefits
   37A.    Repealed
   38.     Deferred retirement benefits
   39.     Amount of lump sum and pension on retirement
   40.     Calculation of benefit where less than 42 years employment
   41.     Retirement between the ages of 60 and 65 years
   41A.    Pensioner may apply for reduced pension and lump
           sum payment
   42.     Conversion of part of pension entitlement to lump
           sum payment entitlement
   43.     Automatic adjustment of pensions
   43A.    Prescribed rate
   44.     Benefits for partner and children on death of member
           before retirement
   45.     Benefits for partner and children on death of pensioner
   46.     Repealed
   47.     Pension to child if no surviving partner
   48.     Payments for children where partner dies
   49.     Pensions payable for life except in case of children
   50.     Pensions payable fortnightly
   51.     Where pensioner re-employed by Crown pension may
           be reduced
   51A.    Entitlement to pension
   52.     Definition of partial disability pensioner
   53.     Disability benefits
   54.     Board to make determination as to entitlement to disability benefits
   55.     Disability benefit entitlements
   56.     Board may review condition of recipient of disability
           benefits
   57.     Payments at age 65 and on death before age 65 of a partial disability pensioner
   58.     Increase of benefits
   59.     Discontinuance of benefits
   60.     Where Board determines pensioner able to undertake employment
   60A.    Disability pensioner retiring due to ill health
   61.     Repealed
   62.     Recipient of disability benefits not to make contributions
   63.     Board to receive medical report when determining question
           of disability
   64.     Additional benefits for members classified as other than
           medical classification A
   65.     Minimum benefits
   65A.    Commutation of pension not exceeding declared rate
   66.     Amount of gratuity to be deducted

   PART IVA-FAMILY LAW PROVISIONS

   66AA.   Definitions
   66AB.   Accrued benefit multiple
   66AC.   Obligation on Board
   66AD.   Reduction of benefit or accrued benefit entitlement
   66AE.   Board may provide additional information
   66AF.   Commutation rights not affected
   66AG.   Charging of fees

   PART V-GENERAL

   66A.    Payment of benefits subject to specified standards
   67.     Review of decisions of the Board
   68.     Early release of benefits
   68A.    Permanent employees may be required to transfer etc.
           assets etc.
   68B.    Information to be supplied
   68C.    Transfer of assets to Board
   68D.    Board to have power to deal with policies
   68E.    Board may pay administrator
   68F.    Board may open accounts etc.
   68G.    Member to receive amount in account on ceasing to
           be employed
   68H.    On retirement balance of account additional to lump sum entitlement
   69.     Power of Board to acquire information about contributors
           for purposes of administering the Act
   70.     Power of Board to reclassify in certain cases
   70A.    Assignment or charging of interest
   70B.    Payment of benefits if person incapable
   71.     Power to recover
   72.     Regulations
   73.     Specified standards
           74-74B. Repealed
   74C.    Taxation on benefits
   74CA.   Surcharge debt account
   74CB.   Recovery of surcharge where person entitled to
           deferred benefit
   74CC.   Commutation of pension to meet surcharge liability
   74D.    Payment of lump sum benefits
   75.     Transfer to State Superannuation Fund or Transport Superannuation Fund
   76.     Provisions relating to certain water authorities
   77.     Provision relating to change of employment
   78.     Provisions relating to transfer of assets and liabilities

   PART VI-Repealed

           79-83. Repealed
           __________________
           SCHEDULE 1-Lump sum factors
           SCHEDULE 2.
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           ENDNOTES
           1. General Information
           2. Table of Amendments
   3.      Explanatory Details