Version No. 070
Emergency Services Superannuation Act
1986
No. 94 of 1986
Version incorporating amendments as at
1 January 2011
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
3
3A
4
4A
4AA
4B
4C
4D
1
Purpose
Commencement
Definitions
Declaration of eligible salary sacrifice contributors
Application of Act
Payment of contributions by employers
Eligible protective services officer may make election
Effect of Act
Guarantee of no detriment
Review of decision
PART 2—EMERGENCY SERVICES SUPERANNUATION
BOARD
5
6
6A
7
8
9
9A
10
11
12
12A
12B
12C
12D
13
13A
14
Establishment of Board
Objectives and duties of Board
Functions and powers of the Board
Membership of the Board
Vacancies on Board
Deputies—elected members
Deputies—nominated members
Suspension and removal of members
Payment of members
Procedure of the Board
Resolutions without meetings
Improper use of information
Committees of the Board
Pecuniary interests of members of the Board
Chief Executive Officer
Staff
Delegation
i
1
1
2
17
17
23
24
25
25
25
26
26
26
32
34
38
39
40
40
40
41
42
43
43
44
45
46
48
Section
Page
PART 3—EMERGENCY SERVICES SUPERANNUATION
SCHEME
15
16
17
17A
17B
18
19
49
Establishment of Scheme
Repealed
Borrowing and investment powers
Investment funds
Group accounts
Management Account of the Board
Actuarial investigation of the Scheme
49
49
49
49
49
50
51
PART 3AA—CONTRIBUTIONS AND BENEFITS
53
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
20NA
Registration of names of dependants
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
53
54
58
60
64
65
67
73
75
76
77
77
78
80
81
81
82
82
83
84
85
85
87
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
ii
87
89
90
92
93
94
95
97
Section
21G
21H
21I
21IA
21J
21JA
21JB
21K
21L
21M
21N
21O
Page
Disability and death insurance under ESSPLAN
Amount and payment of disability or death benefits
Member's accounts for ESSPLAN
Contribution splitting
Beneficiaries Accounts
Spouse Accounts
Optional disability and death cover for eligible spouses
Investment funds
Net earning rate
Roll over or transfer of preserved benefit
Transfer to or from new scheme
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
22DB
22DC
22DD
22DE
Definitions
Transfer of assets and liabilities of the State
Superannuation Fund
Board is successor in law
Exemption from stamp duty or other tax
Transitional provision—Registrar of Titles
PART 4AB—TRANSFER OF ADMINISTRATION OF
DECLARED PUBLIC SECTOR SUPERANNUATION
SCHEMES
22DF
22DG
22DH
22DI
22DJ
22DK
22DL
22DM
Application of this Part
Declaration of administered schemes
Board is successor in law
Conflict between duties, functions and powers
Matters which may be included in Order in Council
General provisions relating to Orders in Council
Exemption from stamp duty or other tax
Transitional provision—Registrar of Titles
iii
98
98
99
100
102
104
106
107
108
109
109
110
111
111
112
112
114
115
116
116
116
117
119
119
120
120
120
120
121
122
122
123
124
Section
Page
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
125
128
128
131
132
132
134
134
136
23AA
Payment of benefits subject to specified standards
23A Application for disability benefit
24
Medical issues
25
Disclosure of contents of medical reports
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 of managing
financial affairs
29
Board may require information
29A Specified standards
PART 7—REGULATIONS
136
136
136
137
137
141
143
146
147
148
148
149
149
149
150
152
154
30, 30A Repealed
31
Regulations generally
32
Regulations under this Act
154
154
155
PART 8—Repealed
33–35
125
156
Repealed
156
═══════════════
iv
Section
Page
ENDNOTES
157
1. General Information
157
2. Table of Amendments
158
3. Explanatory Details
164
INDEX
165
v
Version No. 070
Emergency Services Superannuation Act
1986
No. 94 of 1986
Version incorporating amendments as at
1 January 2011
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1 Purpose
(1) The purpose of this Act is to establish an
Emergency Services Superannuation Board and
Scheme to provide superannuation benefits for
persons employed in the emergency services.
(2) In addition to the purpose specified in subsection
(1), the purpose of this Act as amended by the
Superannuation Legislation (Governance
Reform) Act 2005 is to—
(a) re-constitute the Board and empower the
Board to administer public sector
superannuation schemes; and
(b) improve the administration of public sector
superannuation schemes.
2 Commencement
This Act comes into operation on 1 January 1987.
1
S. 1
amended by
No. 94/2005
s. 3 (ILA
s. 39B(1)).
S. 1(2)
inserted by
No. 94/2005
s. 3.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3
S. 3
amended by
No. 27/2001
s. 5(Sch. 3
item 2.2) (ILA
s. 39B(1)).
3 Definitions
(1) In this Act—
S. 3(1) def. of
actuary
substituted by
No. 4/1996
s. 3(a).
actuary means a fellow or accredited member of
the Institute of Actuaries of Australia
approved by the Minister;
S. 3(1) def. of
adjusted total
contributions
inserted by
No. 82/1996
s. 6(1).
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;
2
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3
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;
S. 3(1) def. of
administered
scheme
inserted by
No. 94/2005
s. 4(1).
S. 3(1) def. of
appointed day
inserted by
No. 94/2005
s. 4(1).
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;
S. 3(1) def. of
benefit
amended by
No. 94/2005
s. 4(2).
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;
S. 3(1) def. of
Chief
Executive
Officer
inserted by
No. 94/2005
s. 4(1).
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—
S. 3(1) def. of
child
inserted by
No. 27/2001
s. 5(Sch. 3
item 2.1(a)).
(a) under 18 years of age; or
3
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3
(b) between the age of 18 and 25 years and
in the opinion of the Board is a fulltime student;
S. 3(1) def. of
complying
superannuation
fund
inserted by
No. 4/1996
s. 3(b).
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;
S. 3(1) def. of
consumer
price index
inserted by
No. 82/1996
s. 6(1).
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;
S. 3(1) def. of
contributor
substituted by
No. 84/1998
s. 3,
amended by
No. 94/2005
s. 4(3).
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;
S. 3(1) def. of
current
equivalent of
salary on
termination of
service
inserted by
No. 82/1996
s. 6(1),
amended by
No. 29/2000
s. 3(1).
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;
4
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3
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
S. 3(1) def. of
dependant
inserted by
No. 82/1996
s. 6(1),
amended by
No. 27/2001
s. 5(Sch. 3
item 2.1(b)).
(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
5
S. 3(1) def. of
disability
inserted by
No. 4/1996
s. 3(c),
amended by
No. 82/1996
s. 6(2).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3
(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;
S. 3(1) def. of
domestic
partner
inserted by
No. 27/2001
s. 5(Sch. 3
item 2.1(a)),
substituted by
No. 12/2008
s. 73(1)(Sch. 1
item 19.1),
amended by
No. 4/2009
s. 37(Sch. 1
item 12.1).
domestic partner of a person means—
S. 3(1) def. of
eligible
beneficiary
inserted by
No. 43/2008
s. 3.
eligible beneficiary means a person who is
entitled to a benefit under a Superannuation
Act (other than this Act) or an administered
scheme;
S. 3(1) def. of
eligible
protective
services
officer
inserted by
No. 38/2009
s. 3(1).
eligible protective services officer means a person
who was appointed as a protective services
officer during the period commencing on or
after 1 January 1994 and ending on the day
on which section 3 of the Superannuation
Legislation Amendment Act 2009 comes
into operation;
S. 3(1) def. of
eligible salary
sacrifice
contributor
inserted by
No. 94/2005
s. 4(1).
eligible salary sacrifice contributor means a
contributor in respect of whom a declaration
is in force under section 3A;
(a) a person who is, or was at the time of
the person's death, in a registered
domestic 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);
6
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3
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; 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
Sustainability and Environment or
Department of Primary Industries 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
7
S. 3(1) def. of
employee
amended by
Nos 50/1988
s. 93(2)(Sch. 2
Pt 2 item 15),
81/1988
s. 3(a)(i)–(iv),
72/1990 s. 17,
58/1994
s. 10(a)–(c),
82/1996
s. 20(1)(2),
38/1998
s. 15(a),
94/2005
s. 4(4),
38/2009
s. 3(2)(a),
40/2010
s. 3(a).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3
(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 fulltime 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;
S. 3(1) def. of
governing
body
inserted by
No. 94/2005
s. 4(1).
governing body means the person or body
administering a public sector superannuation
scheme but does not include the Board;
8
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3
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—
S. 3(1) def. of
governing
instrument
inserted by
No. 94/2005
s. 4(1).
S. 3(1) def. of
ill health
inserted by
No. 82/1996
s. 6(1).
(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.
9
S. 3(1) def. of
nominee
inserted by
No. 82/1996
s. 6(1),
amended by
No. 70/2003
s. 3.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3
S. 3(1) def. of
occupational
superannuation
standards
inserted by
No. 49/1992
s. 33,
repealed by
No. 4/1996
s. 3(d).
S. 3(1) def. of
operational
staff member
inserted by
No. 82/1996
s. 6(1),
amended by
Nos 38/2009
s. 3(2)(b)(c),
40/2010
s. 3(b).
*
*
*
*
*
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;
(ab) subject to section 4(7C), a protective
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
subscribed an oath under section 118C
of the Police Regulation Act 1958;
(b) an employee of the Department of
Sustainability and Environment or
Department of Primary Industries;
(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
10
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3
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), (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 the person's spouse or
domestic partner;
S. 3(1) def. of
partner
inserted by
No. 27/2001
s. 5(Sch. 3
item 2.1(a)),
substituted by
No. 40/2010
s. 4(1).
part-time contributor means a contributor
employed on a permanent basis which
requires less than full-time service;
S. 3(1) def. of
part-time
contributor
inserted by
No. 82/1996
s. 6(1).
pensioner means a person receiving a pension
under this Act;
S. 3(1) def. of
pensioner
amended by
No. 82/1996
s. 20(3).
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
11
S. 3(1) def. of
prior fund
inserted by
No. 82/1996
s. 6(1).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3
(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;
S. 3(1) def. of
protective
services
officer
inserted by
No. 38/2009
s. 3(1).
protective services officer means a person
appointed under section 118B of the Police
Regulation Act 1958;
S. 3(1) def. of
public sector
superannuation
scheme
inserted by
No. 94/2005
s. 4(1).
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;
S. 3(1) def. of
retrenchment
inserted by
No. 82/1996
s. 6(1).
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;
S. 3(1) def. of
returning
member
inserted by
No. 43/2008
s. 3.
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
12
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3
(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
S. 3(1) def. of
salary
inserted by
No. 82/1996
s. 6(1).
(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;
13
S. 3(1) def. of
specified
standards
inserted by
No. 4/1996
s. 3(e).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3
S. 3(1) def. of
spouse
inserted by
No. 82/1996
s. 6(1),
substituted by
No. 27/2001
s. 5(Sch. 3
item 2.1(c)).
spouse of a person means a person to whom the
person is, or was at the time of the person's
death, married;
S. 3(1) def. of
State Superannuation
Fund
inserted by
No. 94/2005
s. 4(1).
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;
S. 3(1) def. of
Superannuation Act
inserted by
No. 94/2005
s. 4(1).
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;
S. 3(1) def. of
superannuation
benefits
inserted by
No. 94/2005
s. 4(1).
superannuation benefits includes superannuation
payments, annuities, pensions, allowances,
lump sum payments or other benefits;
14
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3
superannuation system has the same meaning as
it has in regulation 5.01(1) of the
Superannuation Industry (Supervision)
Regulations 1994 of the Commonwealth;
S. 3(1) def. of
superannuation
system
inserted by
No. 37/2007
s. 3.
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;
S. 3(1) def. of
surchargeable
contributions
inserted by
No. 29/2000
s. 3(2).
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;
S. 3(1) def. of
surcharge
debt account
inserted by
No. 29/2000
s. 3(2).
surcharge deduction amount means, in relation to
a person—
S. 3(1) def. of
surcharge
deduction
amount
inserted by
No. 29/2000
s. 3(2).
(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;
15
S. 3(1) def. of
termination of
service
inserted by
No. 82/1996
s. 6(1).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3
S. 3(1) def. of
transferred
officer
amended by
No. 64/1991
s. 4(a).
S. 3(2)
inserted by
No. 27/2001
s. 5(Sch. 3
item 2.2),
substituted by
No. 12/2008
s. 73(1)(Sch. 1
item 19.2).
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)—
S. 3(2)(a)
amended by
No. 4/2009
s. 37(Sch. 1
item 12.2(a)).
(a) registered domestic relationship has the
same meaning as in the Relationships Act
2008; and
S. 3(2)(b)
amended by
No. 4/2009
s. 37(Sch. 1
item 12.2(b)).
(b) in determining whether persons who are not
or were not in a registered domestic
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.
S. 3(2A)
inserted by
No. 40/2010
s. 4(2).
(2A) The definition of partner as substituted by section
4(1) of the Superannuation Legislation
Amendment Act 2010 applies in respect of the
determination by the Board of an entitlement
arising under this or any other Superannuation Act
on or after the commencement of the substituting
section.
S. 3(3)
inserted by
No. 94/2005
s. 4(5).
(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.
16
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 3A
(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.
3A Declaration of eligible salary sacrifice contributors
The Minister may by notice published in the
Government Gazette declare—
S. 3(4)
inserted by
No. 94/2005
s. 4(5).
S. 3A
inserted by
No. 94/2005
s. 5.
(a) a contributor to be an eligible salary sacrifice
contributor from the date specified in the
notice; or
(b) a class of contributors to be eligible salary
sacrifice contributors from the date specified
in the notice.
4 Application of Act
(1) A person who is an employee and is entitled to
any benefits from—
S. 4(1)
amended by
Nos 81/1988
s. 3(c),
49/1992 s. 34.
S. 4(1)(a)
amended by
No. 81/1988
s. 3(b).
(a) the State Superannuation Fund; or
(b) the Hospitals Superannuation Fund; or
*
*
*
*
*
(d) any approved superannuation arrangement—
may, within the period or periods determined by
the Board, choose to contribute to the Scheme.
17
S. 4(1)(c)
repealed by
No. 64/1991
s. 4(b).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 4
S. 4(1A)
inserted by
No. 81/1988
s. 3(d),
amended by
No. 82/1996
s. 20(4).
S. 4(1B)
inserted by
No. 81/1988
s. 3(d),
amended by
Nos 82/1996
s. 20(5)(a)(b),
40/2010
s. 5(1).
S. 4(1BA)
inserted by
No. 82/1996
s. 20(6).
(1A) A person who is an employee but is not as at the
day on which section 3(d) of the Superannuation
Acts (Amendment) Act 1988 comes into
operation entitled to any benefits from a
superannuation fund or arrangement to which
subsection (1) applies may within the prescribed
period under the Emergency Services
Superannuation (Election to Contribute)
Regulations 1988 or a subsequent period
determined by the Board choose to contribute to
the Scheme.
(1B) Despite paragraph (e) of the definition of
employee in section 3, an officer of the
Department of Sustainability and Environment or
Department of Primary Industries who is
transferred to an office which was held by a
person or a class of persons declared for the
purposes of that paragraph may within the period
of 3 months after that transfer elect to continue to
be a member of the State Superannuation Fund.
(1BA) If an officer to whom subsection (1B) applies—
(a) does not make an election under that
subsection; and
(b) subsequently ceases to hold the office
referred to in that subsection; and
(c) continues to be eligible to be a member of a
public sector superannuation scheme—
the officer may within the period of 3 months after
ceasing to hold that office elect to continue to
contribute to the Scheme or to transfer to the new
scheme under the State Superannuation Act
1988.
S. 4(1C)
inserted by
No. 81/1988
s. 3(d).
(1C) For the purposes of the definition of employee in
section 3, a person who is appointed under an Act
to an office for a fixed term of years is to be taken
to be employed permanently.
18
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 4
(1D) Despite paragraphs (a), (c) and (d) of the
definition of employee in section 3, a person who
becomes an employee by being appointed to the
office of—
S. 4(1D)
inserted by
No. 81/1988
s. 3(d).
(a) Chief Commissioner of Police; or
(b) President of the Metropolitan Fire Brigades
Board; or
(c) Chairman of the Country Fire Authority; or
(d) Deputy Chairman of the Country Fire
Authority—
is not to be taken to be an employee unless he or
she chooses to contribute to the Scheme within
3 months of being appointed to that office.
(1DA) For the purposes of paragraph (f) of the definition
of employee, a person continues to be an
employee within the meaning of that paragraph if
the person—
S. 4(1DA)
inserted by
No. 40/2010
s. 5(2).
(a) is an employee of Ambulance Service—
Victoria within the meaning of the
Ambulance Services Act 1986 on 1 July
2010; and
(b) transfers to an office of employment with the
Emergency Services Telecommunications
Authority within the meaning of the
Emergency Services Telecommunications
Authority Act 2004.
(1E) For the purposes of the definition of salary in
section 3—
(a) in the case of the contributor who is on leave
of absence without pay or less than full pay
and is not acting as a full-time officer of a
union or employee organisation, salary
means the salary that the contributor would
have received had the contributor not been
on leave of absence without pay or less than
19
S. 4(1E)
inserted by
No. 82/1996
s. 7.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 4
full pay and not been acting as a full-time
officer of a union or employee organisation,
or such greater salary as is paid to the
contributor by any other employer and
approved by the Board;
(b) in the case of the contributor who is an
employee of a union or employee
organisation, the salary that the contributor
would have received had the contributor not
been an employee of a union or employee
organisation, or such greater salary as is paid
to the contributor by the union or employee
organisation and approved by the Board;
(c) in the case of a part-time contributor, salary
means the salary which would be payable at
that time to a person in similar employment
on a full-time basis;
(d) if a contributor's salary is reduced, and the
Board agrees that the reduction is not to be
taken into account, salary means the greater
of—
(i) the salary of the contributor
immediately prior to the reduction; and
(ii) the actual salary;
(e) in the case of a contributor who receives
payments under section 20F(17) or 20F(18),
salary includes those payments;
S. 4(1E)(f)
amended by
No. 84/1998
s. 4(1).
(f) on and from 1 January 1994, the salary used
to determine the accrued benefit of a former
contributor is the salary averaged over a
period of 2 years prior to the date of
termination of service calculated—
(i) in relation to a contributor with less
than 2 years of service, an amount
calculated in accordance with the
formula—
20
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 4
A 365

B
1
where—
"A" is the aggregate salary paid to the
contributor in respect of the
contributor's period of service;
"B" is the total number of days in that
period;
(ii) in relation to a contributor with 2 years
or more of service, an amount equal to
one-half of the contributor's aggregate
salary for the period of service of
2 years ending on the contributor's last
day of service—
and if the period of recognised service
includes a period of leave without pay, there
is deemed to have been payable to that
contributor during that period of leave
without pay, salary at the rate payable to the
contributor immediately before the period of
leave, or such higher salary as has been
approved by the Board for the purposes of
this subsection.
(2) A person who is employed by the Ambulance
Service—Victoria within the meaning of the
Ambulance Services Act 1986 or any other
declared ambulance service and is not a
contributor to the Hospitals Superannuation Fund
may, within the prescribed period under the
Emergency Services Superannuation (Transfer
Period) Regulations 1987 or a subsequent period
determined by the Board, choose to contribute to
the Scheme.
21
S. 4(2)
amended by
Nos 82/1996
s. 20(7)(a)(b),
38/1998
s. 15(b).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 4
(3) A person becomes a contributor to the Scheme—
(a) if the person becomes an employee on or
after the date on which this Act comes into
operation, on the commencement of that
employment; or
(b) if the person is a transferred officer, when
that person chooses to contribute to the
Scheme.
(4) A police recruit cannot become a contributor to
the Scheme.
S. 4(5)
inserted by
No. 64/1991
s. 4(c).
(5) A person who is a contributor to the Metropolitan
Fire Brigades Superannuation Fund immediately
before section 4 of the Emergency Services
Superannuation (MFBSF Transfer) Act 1991
comes into operation is deemed on that
commencement to have chosen to contribute to
the Scheme.
S. 4(6)
inserted by
No. 64/1991
s. 4(c).
(6) A person to whom subsection (5) applies is
entitled to elect to contribute to make the same
contributions and receive the same benefits that he
or she would have been entitled to make and
receive as a contributor to the Metropolitan Fire
Brigades Superannuation Fund.
S. 4(7)
inserted by
No. 110/1993
s. 138,
amended by
No. 82/1996
s. 20(8).
(7) A person who is not an operational staff member
cannot become a contributor to the Scheme on or
after 1 January 1994 except as a member of the
ESSPLAN Scheme.
S. 4(7A)
inserted by
No. 38/2009
s. 4.
(7A) Despite subsection (7), an eligible protective
services officer who—
(a) is a member of the ESSPLAN Scheme; and
22
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 4A
(b) elects to become a contributor to the Scheme
in accordance with section 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 a
member of the ESSPLAN Scheme and does not
make an election under section 4AA continues to
be a member of the ESSPLAN Scheme.
S. 4(7B)
inserted by
No. 38/2009
s. 4.
(7C) An eligible protective services officer who is 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.
S. 4(7C)
inserted by
No. 38/2009
s. 4.
(8) A returning member who is an operational staff
member cannot become a contributor.
S. 4(8)
inserted by
No. 43/2008
s. 4.
(9) Despite anything to the contrary in this section, an
eligible beneficiary—
S. 4(9)
inserted by
No. 43/2008
s. 4.
(a) may become a member of the ESSPLAN
Scheme in accordance with
section 21B(1)(c);
(b) who becomes a member of the ESSPLAN
Scheme in accordance with section
21B(1)(c) is not a contributor to the Scheme.
4A Payment of contributions by employers
(1) For the purposes of the provisions of this Act
relating to contributions by employers, employer
means—
(a) an employer within the meaning of the
definition of "employer" in section 3; and
(b) any other person, authority or body declared
by the Minister by notice published in the
Government Gazette to be an employer in
respect of an employee or a pensioner.
23
S. 4A
inserted by
No. 102/1995
s. 3,
amended by
No. 82/1996
s. 20(9).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 4AA
(2) The Minister may by notice published in the
Government Gazette declare a class or classes of
employers.
S. 4AA
inserted by
No. 38/2009
s. 5.
4AA Eligible protective services officer may make
election
(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.
(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
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 eligible protective
services officer—
(i) dies; or
(ii) suffers a disability; or
(iii) terminates service.
(3) The Minister may, on the advice of the 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 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 eligible protective services officers specified in
the notice.
24
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 1—Preliminary
s. 4B
4B Effect of Act
This Act does not confer any power on the
Government of Victoria, the Minister or the Board
to close the Scheme established under section 15
to new members.
4C Guarantee of no detriment
(1) Subject to subsection (2), no benefit or entitlement
to a benefit calculated or payable under a
Superannuation Act shall be less than the benefit
or entitlement to which a person would have been
entitled if this Act had not been amended by the
Superannuation Legislation (Governance
Reform) Act 2005.
S. 4B
inserted by
No. 94/2005
s. 6.
S. 4C
inserted by
No. 94/2005
s. 6.
(2) This section applies to a benefit or entitlement to a
benefit calculated or payable under Part 3A only
to the extent that the benefit is not impacted by
investment decisions, changes to the rate or
amount of member contributions made at the
direction of a member or matters at the discretion
of the Board.
4D Review of decision
A person who is aggrieved as to a decision of the
Board that a benefit or entitlement to a benefit
calculated or payable under a Superannuation Act
to which section 4C applies is not less than the
benefit or entitlement to which a person would
have been entitled if this Act had not been
amended by the Superannuation Legislation
(Governance Reform) Act 2005, is entitled to a
review of that decision in accordance with the
Superannuation Act under which the benefit or
entitlement to the benefit is calculated or payable.
__________________
25
S. 4D
inserted by
No. 94/2005
s. 6.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 5
PART 2—EMERGENCY SERVICES SUPERANNUATION
BOARD
5 Establishment of Board
(1) There is established a body corporate called the
Emergency Services Superannuation Board.
(2) The Board—
(a) has perpetual succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name;
and
(d) is capable of taking, purchasing, leasing,
holding, selling, exchanging and disposing
of real and personal property for the
purposes of this Act; and
(e) may do and suffer all acts and things which a
body corporate may by law do and suffer and
which are necessary or expedient for the
purposes of this Act.
(3) The common seal of the Board—
(a) can only be attached to a document if the
Board so resolves; and
(b) must be authenticated by the signature of one
member of the Board and an officer
authorised by the Board.
6 Objectives and duties of Board
S. 6(1)
amended by
No. 120/1994
s. 3(1),
substituted by
No. 94/2005
s. 7(1).
(1) The following are the objectives of the Board—
(a) to collect contributions and other assets due
to the Scheme or an administered scheme;
(b) to manage and determine investment
objectives for the assets of the Scheme or an
administered scheme so as to achieve
26
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 6
optimal risk and return outcomes having
regard to—
(i) the need to provide for payments out of
the Scheme or administered scheme;
and
(ii) the need to exercise reasonable care and
prudence so as to maintain the integrity
of the Scheme or administered scheme;
(c) to administer the payment of benefits under a
Superannuation Act or the governing
instrument of an administered scheme.
(2) It is the duty of the Board to—
(a) establish policies for the administration of
each Superannuation Act and administered
scheme and to adopt strategies for the
achievement of those policies; and
(b) determine, authorise or approve programs for
the administration of each Superannuation
Act and administered scheme; and
(c) determine objectives for the investment of
money in the Scheme and standing to the
credit of each administered scheme; and
(d) establish and implement strategies for the
investment of money in the Scheme and
standing to the credit of each administered
scheme; and
(e) ensure that the assets of each administered
scheme are administered in accordance with
this Act and with those provisions of the
governing instrument under which the
administered scheme is constituted which
continue to apply to an administered scheme
by virtue of this Act; and
27
S. 6(2)
amended by
Nos 49/1992
s. 35(1),
120/1994
s. 3(2), 4/1996
s. 4(1),
84/1998
s. 5(1),
substituted by
No. 94/2005
s. 7(1).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 6
(f) have regard to the interests of persons
entitled to benefits under the Scheme, a
Superannuation Act or an administered
scheme; and
S. 6(2)(fa)
inserted by
No. 43/2008
s. 5.
(fa) have regard to the interests of contributing
employers under the Scheme, a
Superannuation Act or an administered
scheme; and
(g) ensure that the Scheme and each
administered scheme is administered in
accordance with the Commonwealth
Superannuation Contributions Tax
(Assessment and Collection) Act 1997 and
the Commonwealth Superannuation
Contributions Tax Imposition Act 1997 and
any regulations under those Acts; and
S. 6(2)(h)
amended by
No. 38/2009
s. 6(1).
S. 6(2)(ha)
inserted by
No. 38/2009
s. 6(2).
(h) ensure that the provisions of Part VIIIB and
VIIIAB of the Commonwealth Family Law
Act 1975 and regulations made under that
Act for the purposes of that Part are
complied with; and
(ha) ensure that the provisions of Subdivision B
of Division 3 of Part VI of the
Commonwealth Bankruptcy Act 1966 and
regulations made under that Act for the
purposes of that Subdivision are complied
with; and
(i) ensure that the decisions and operations of
the Board are directed towards achieving its
objectives; and
(j) ensure that the Board has, or has access to,
the skills, facilities and resources required to
achieve its objectives; and
28
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 6
(k) subject to subsection (3), inform contributors
and members, about their rights and the
benefits under the Scheme, a Superannuation
Act or an administered scheme and about the
management and investment of the Scheme
or the administered scheme including
making available to contributors and
members at least once in each year a
summary of information about the
management and investment of the Scheme
or administered scheme; and
(l) subject to subsection (3), liaise with relevant
industrial organisations about the interests of
contributors and members and inform those
organisations about the management and
investment of the Scheme or administered
scheme; and
(m) ensure that the Board conducts its operations
in an efficient manner.
(2A) In relation to the investment of all or part of the
money in the Scheme and standing to the credit of
each administered scheme, the Board is to be
taken to have discharged the relevant duties
specified in subsection (2), other than the duty
to determine investment objectives under
subsection (2)(c), if in respect of that money—
(a) the Board has appointed the Victorian Funds
Management Corporation under section 9A
of the Victorian Funds Management
Corporation Act 1994 to perform
investment related functions on behalf of the
Board; and
(b) the terms of the appointment with respect to
the investment of money are in accordance
with an approval given by the Governor in
Council under section 20 of the Borrowing
and Investment Powers Act 1987.
29
S. 6(2A)
inserted by
No. 49/1992
s. 35(2),
repealed by
No. 4/1996
s. 4(1),
new s. 6(2A)
inserted by
No. 84/1998
s. 5(2),
substituted by
No. 94/2005
s. 7(1).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 6
S. 6(2B)
inserted by
No. 94/2005
s. 7(1).
(2B) If any provision of the Commonwealth
Superannuation Contributions Tax (Assessment
and Collection) Act 1997 or the Commonwealth
Superannuation Contributions Tax Imposition Act
1997 or of any regulations under those Acts is
inconsistent with a Superannuation Act or any
regulations under a Superannuation Act or the
governing instrument of an administered scheme,
the 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
the Commonwealth Superannuation Contributions
Tax (Assessment and Collection) Act 1997 or the
Commonwealth Superannuation Contributions
Tax Imposition Act 1997 or of the regulations
under those Acts.
S. 6(2C)
inserted by
No. 94/2005
s. 7(1),
amended by
No. 38/2009
s. 6(3).
(2C) If any provision of Part VIIIB or VIIIAB of the
Commonwealth Family Law Act 1975 or of any
regulations made under that Act for the purposes
of those Parts is inconsistent with a
Superannuation Act or any regulations under a
Superannuation Act or the governing instrument
of an administered scheme, the 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 Part VIIIB or
VIIIAB of the Commonwealth Family Law Act
1975 or of any regulations made under that Act
for the purposes of those Parts.
S. 6(2D)
inserted by
No. 38/2009
s. 6(4).
(2D) If any provision of Subdivision B of Division 3 of
Part VI of the Commonwealth Bankruptcy Act
1966 or of any regulations 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,
30
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 6
the 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 Part VI of the
Commonwealth Bankruptcy Act 1966 or of any
regulations made under that Act for the purposes
of that Subdivision.
(3) The Board must, in performing its duties under
subsections (2)(k) and (2)(l), consider the need to
protect information the disclosure of which could
adversely affect the financial position or the
commercial or other operations of the Board.
S. 6(3)
amended by
No. 94/2005
s. 7(2).
(4) If the Minister at any time gives the President a
statement of government policy on any matter that
is relevant to the performance of the duties of the
Board, together with a request that the Board
consider that policy in the performance of its
duties, the Board must ensure that consideration is
given to that policy.
(5) If the Minister gives a statement to the President
under subsection (4), the Board must publish that
statement in its next annual report.
(6) The Minister may issue a direction in writing to
the Board in respect of the administration of this
Act as amended by the Superannuation
Legislation (Governance Reform) Act 2005
relating to or consequent on—
(a) the closure of the State Superannuation Fund
and the transfer of the assets and liabilities of
the State Superannuation Fund to the
Scheme;
(b) the transfer of administration from the
Government Superannuation Office to the
Board;
(c) the re-constitution of the Board.
31
S. 6(6)
inserted by
No. 94/2005
s. 7(3).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 6A
S. 6(7)
inserted by
No. 94/2005
s. 7(3).
S. 6(8)
inserted by
No. 94/2005
s. 7(3).
S. 6A
inserted by
No. 94/2005
s. 8.
(7) The Board must give effect to a direction issued
under subsection (6).
(8) If the Minister issues a direction under
subsection (6), the Board must publish that
direction in its next annual report.
6A Functions and powers of the Board
(1) Without derogating from section 6, the Board has
the functions and powers conferred or imposed on
the Board by—
(a) a Superannuation Act and any regulations
made under a Superannuation Act;
(b) any other Act and any regulations made
under that other Act;
(c) the governing instrument of an administered
scheme.
(2) Subject to this Act, the Board has power to do all
things necessary or convenient to be done for or in
connection with the performance of its functions
and duties and to enable it to achieve its
objectives.
(3) Without limiting or derogating from the generality
of the powers of the Board under this Act, the
powers of the Board include—
(a) power to enter into agreements or
arrangements with any other person or
body—
(i) to carry out on behalf of the Board any
one or more of the functions or powers
of the Board in relation to the Scheme
or an administered scheme;
32
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 6A
(ii) to arrange death and disability cover
insurance for individual members or
classes of members of the Scheme or an
administered scheme;
(iii) to provide custodial or nominee
services;
(iv) to provide superannuation advice and
financial planning services for
beneficiaries, contributors, members
and eligible spouses;
(b) power to engage any person or body to act as
an agent on behalf of the Board.
(4) The Board may make arrangements with—
(a) the bodies administering the superannuation
funds referred to in section 4(1) of the
Transport Superannuation Act 1988; or
(b) any Minister, employer, employing
authority, Government Department or
agency or any other statutory body—
relating to the members of a superannuation fund
or the provision of any services to the members of
a superannuation fund or other pension or
compensation fund.
(5) Any arrangements in effect under section 26 of
the Transport Superannuation Act 1988 as in
force immediately before the commencement of
the Superannuation Legislation (Governance
Reform) Act 2005 are deemed to have been made
under subsection (4).
(6) The Board may engage an actuary to advise it
about the administration of the Scheme or an
administered scheme.
33
S. 6A(3)(a)(iv)
inserted by
No. 43/2008
s. 6.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 7
S. 7
amended by
Nos 64/1991
s. 5, 102/1995
s. 4, 4/1996
s. 5, 82/1996
s. 8,
substituted by
No. 94/2005
s. 9.
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
34
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 7
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
35
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 7
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.
36
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 7
(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;
37
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 8
Scheme member of the Board means a member
of the Board under subsection (1)(d).
8 Vacancies on Board
(1) A member of the Board ceases to be a member if
that person—
(a) becomes bankrupt; or
(b) is absent, without leave first granted by the
Board, from three consecutive meetings of
which reasonable notice has been given to
that member personally or by post; or
S. 8(1)(c)
repealed by
No. 110/1993
s. 139,
new s. 8(1)(c)
inserted by
No. 4/1996
s. 6.
(c) is convicted of an offence against a law of
the State of Victoria or a law of the
Commonwealth or of another State or of a
Territory, being an offence in respect of
dishonest conduct; or
S. 8(1)(d)
substituted by
No. 94/2005
s. 10(1).
(d) being a contributor member of the Board,
ceases to be a contributor; or
S. 8(1)(da)
inserted by
No. 94/2005
s. 10(1).
(da) being a Scheme member of the Board, ceases
to be a member of the Scheme; or
S. 8(1)(db)
inserted by
No. 94/2005
s. 10(1).
(db) becomes permanently incapable of
performing the duties of office; or
(e) resigns office by writing signed and
addressed to the Governor in Council.
S. 8(2)
substituted by
Nos 84/1998
s. 6, 37/2007
s. 4.
(2) If an elected member dies or otherwise ceases to
be a member—
(a) the deputy of the elected member under
section 9 is to be appointed by the Governor
in Council to fill the vacancy; or
38
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 9
(b) if there is no deputy of the elected member,
the Governor in Council may appoint a
person elected in the same manner as that
member was elected to fill the vacancy.
(3) If a nominated member dies or otherwise ceases to
be a member—
(a) the Governor in Council is to appoint a
person nominated by the Minister to fill the
vacancy; or
S. 8(3)
repealed by
No. 84/1998
s. 6,
new s. 8(3)
inserted by
No. 37/2007
s. 4.
(b) if the Minister does not nominate a person to
fill the vacancy within 28 days, the Governor
in Council may appoint a person who is
a member of the pool of deputies under
section 9A to fill the vacancy.
(3A) In subsection (2) and section 9, elected member
means a member of the Board elected under
section 7(1)(a), 7(1)(b), 7(1)(c) or 7(1)(d) or
appointed under section 7(11).
S. 8(3A)
inserted by
No. 37/2007
s. 4.
(3B) In subsection (3) and section 9A, nominated
member means a member of the Board nominated
under section 7(1)(e).
S. 8(3B)
inserted by
No. 37/2007
s. 4.
(4) A vacancy in the office of a member of the Board
must be filled within 60 days of the vacancy
occurring.
9 Deputies—elected members
(1) Each elected member is to have a deputy elected
in the same manner as the member and appointed
by the Governor in Council.
(2) The deputy of an elected member is to act in the
case of illness, suspension or absence of that
member.
(3) A deputy of an elected member has while acting
as a member the powers and authority of the
member.
39
S. 8(4)
inserted by
No. 49/1992
s. 36.
S. 9
substituted by
No. 84/1998
s. 7,
amended by
No. 41/2006
s. 28,
substituted by
No. 37/2007
s. 5.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 9A
(4) A person may act as the deputy of more than one
elected member except for the purposes of
forming a quorum or voting on a resolution,
provided that the member is elected in the same
manner as all of those members.
S. 9A
inserted by
No. 37/2007
s. 5.
9A Deputies—nominated members
(1) The Minister must appoint 3 persons to constitute
a pool of deputies in respect of nominated
members to act in the case of illness, suspension
or absence of a nominated member.
(2) The President of the Board must develop the
procedure for determining the manner in which a
deputy is to be appointed from the pool of
deputies of a member to act in the case of illness,
suspension or absence of a particular nominated
member.
(3) A deputy has while acting as a nominated member
the powers and authority of the nominated
member.
(4) A deputy may act as the deputy of more than one
nominated member except for the purposes of
forming a quorum or voting on a resolution.
10 Suspension and removal of members
The Governor in Council may remove or suspend
a member of the Board from office for
misbehaviour or incompetence whether by act or
omission while performing the duties of that
person as a member.
S. 11
substituted by
No. 4/1996
s. 7.
11 Payment of members
Each member is entitled to be—
(a) paid such remuneration as the Governor in
Council fixes from time to time; and
40
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 12
(b) reimbursed for expenses incurred in the
course of performing the duties of office
which are expenses approved by the Board.
12 Procedure of the Board
(1) Except as otherwise provided, all duties, functions
and powers of the Board may be performed or
exercised at any meeting of the Board at which at
least two-thirds of the members are present.
(2) Subject to subsection (9), a decision of the Board
requires at least a two-thirds majority of the total
number of members of the Board.
(3) During any vacancy in the Board, the continuing
members may subject to there being a quorum act
as if there were no vacancy.
(4) The Board may hold its meetings at any time and
place it appoints and may adjourn a meeting.
(5) The Board may transact any of its business at a
meeting at which the members or any of the
members participate by telephone, closed-circuit
television or in any other similar way.
(6) The President of the Board must preside at all
meetings of the Board at which the President is
present.
(7) If the President of the Board is not present at a
meeting of the Board, the longest serving member
present at the meeting is to act as the President at
the meeting.
(8) The President or the member presiding at any
meeting of the Board has a deliberative vote only.
(9) If a matter to be determined by the Board at a
meeting is a matter affecting a benefit entitlement
of a contributor or a member of the Scheme, the
matter can only be determined by a resolution
passed by a two-thirds majority of the total
number of members of the Board that includes—
41
S. 12
amended by
No. 49/1992
s. 37,
substituted by
No. 94/2005
s. 11.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 12A
(a) if the matter relates to the benefit entitlement
of a contributor, at least two members
elected under section 7(1)(a), 7(1)(b)
or 7(1)(c); or
(b) if the matter relates to the benefit entitlement
of a member of the Scheme, at least two
members elected under section 7(1)(d).
(10) The Board must keep minutes of each meeting of
the Board.
(11) Subject to this Act, the Board may regulate its
own procedure.
(12) An act or decision of the Board is not invalid by
reason only—
(a) of a vacancy in the office of a member; or
(b) of any defect or irregularity in or in
connection with the appointment of a
member; or
(c) in the case of a person appointed to act as
President or as a member, that the occasion
for so acting has not arisen or has ceased.
S. 12A
inserted by
No. 110/1993
s. 140.
12A Resolutions without meetings
(1) If all of the members of the Board for the time
being sign a document containing a statement that
they are in favour of a resolution in terms set out
in the document, a resolution in those terms shall
be taken to have been passed at a meeting of the
Board held on the day on which the document is
signed or, if the members of the Board do not sign
it on the same day, on the day on which the last
member signs the document.
(2) If a resolution is, under subsection (1), taken to
have been passed at a meeting of the Board, each
member of the Board must immediately be
advised of the matter and given a copy of the
terms of the resolution.
42
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 12B
(3) For the purposes of subsection (1), two or more
separate documents containing a statement in
identical terms, each of which is signed by one or
more members of the Board, shall be taken to
constitute one document.
12B Improper use of information
A person who is, or has been, a member of the
Board, the Chief Executive Officer or a person
employed under section 13A or to which section
13A(3)(b) applies, or member of the staff of the
Board must not make improper use of any
information acquired only in the course of his or
her duties to obtain directly or indirectly any
pecuniary or other advantage for himself or
herself or for any other person.
S. 12B
inserted by
No. 110/1993
s. 140,
amended by
No. 94/2005
s. 10(2).
Penalty: 50 penalty units.
12C Committees of the Board
(1) The Board may establish one or more committees
of members of the Board.
S. 12C
inserted by
No. 110/1993
s. 140.
(2) The Board may by instrument of delegation
delegate any of its functions or powers, other than
this power of delegation, to a member of a
committee.
(3) A committee is to have an equal number of
members appointed (non-elected) under
section 7(1) and of members elected under
sections 7(1)(a), 7(1)(b), 7(1)(c) and 7(1)(d).
(4) A quorum of a committee is constituted by not
less than two-thirds of the total number of
members of the committee in office for the time
being.
(5) Sections 12, 12A and 12D apply with such
modifications as are necessary in respect of a
committee.
43
S. 12C(3)
amended by
No. 94/2005
s. 10(3).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 12D
S. 12D
inserted by
No. 110/1993
s. 140.
12D Pecuniary interests of members of the Board
(1) A member of the Board who has any pecuniary
interest in a matter being considered or about to be
considered by the Board or in any other matter in
which the Board is concerned must, as soon as
practicable after the relevant facts have come to
the member's knowledge, declare the nature of
that interest at a meeting of the Board.
(2) The requirements of subsection (1) do not apply in
any case where the interest of the member of the
Board consists only of being a shareholder or
creditor of a company which has an interest in a
contract or proposed contract with the Board if the
interest of the member may properly be regarded
as not being a material interest.
(3) The person presiding at a meeting at which a
declaration is made under subsection (1) must
cause a record of the declaration to be made in the
minutes of the meeting.
(4) After a declaration is made by a member of the
Board under subsection (1)—
(a) that member must not be present during any
deliberation of the Board with respect to that
matter; and
(b) that member is not entitled to vote on the
matter; and
(c) if that member does vote on the matter, the
vote must be disallowed.
(5) A member of the Board is not to be taken to have
a pecuniary interest in a matter only because the
member has or may become entitled to a benefit
from the Fund.
44
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 13
13 Chief Executive Officer
(1) The Chief Executive Officer is subject to the
direction and control of the Board.
(2) The Board must make a written recommendation
to the Minister specifying—
(a) the name and details of the person that the
Board recommends is suitable for
appointment as the Chief Executive Officer;
and
(b) the rate of remuneration and allowances to
be payable to the Chief Executive Officer
that the Board considers is appropriate.
(3) After considering the recommendation under
subsection (2), the Minister may—
(a) appoint the person recommended by the
Board to be the Chief Executive Officer; or
(b) request the Board in writing to make another
recommendation under subsection (2).
(4) The Chief Executive Officer is entitled to be paid
the rate of remuneration and allowances as is—
(a) determined by the Minister after having
regard to the recommendation of the Board
under subsection (2); and
(b) specified in the contract of employment.
(5) The Chief Executive Officer is to be employed
under Part 3 of the Public Administration Act
2004.
(6) The Chief Executive Officer holds office for the
period, not exceeding 5 years, specified in the
instrument of his or her appointment.
(7) The Chief Executive Officer is eligible for
re-appointment at the end of the period of office.
45
S. 13
amended by
No. 50/1988
s. 93(2)(Sch. 2
Pt 2 item 15),
substituted by
No. 94/2005
s. 12.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 13A
(8) A person appointed to be the Chief Executive
Officer who was, immediately before that
appointment, an officer within the meaning of the
State Superannuation Act 1988 continues,
subject to that Act, to be an officer within the
meaning of that Act while holding the office of
Chief Executive Officer.
(9) The Board may appoint a person, including a
member of the Board, to act as the Chief
Executive Officer for a period not exceeding
60 days.
(10) The Chief Executive Officer may, by instrument,
delegate to any employee referred to in
section 13A, any responsibility, power, authority,
duty or function conferred on the Chief Executive
Officer under this Act or the regulations, except
this power of delegation.
S. 13A
inserted by
No. 94/2005
s. 12.
13A Staff
(1) The Chief Executive Officer may on behalf of the
Board employ any persons necessary for the
purposes of this Act under Part 3 of the Public
Administration Act 2004.
(2) Persons employed in accordance with section 22
of the Government Superannuation Act 1999
under Part 3 of the Public Administration Act
2004 are to be taken to have been employed in
accordance with subsection (1) for the purposes of
this Act.
(3) A person employed by the Board in accordance
with section 13 as in force before the
commencement of the Superannuation
Legislation (Governance Reform) Act 2005
must, within 90 days of that commencement, elect
in writing to the Chief Executive Officer to—
46
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 13A
(a) be employed in accordance with
subsection (1) under Part 3 of the Public
Administration Act 2004; or
(b) continue to be employed by the Board in
accordance with section 13 as in force before
the commencement of the Superannuation
Legislation (Governance Reform) Act
2005.
(4) A person to whom subsection (2) or (3) applies is
entitled to a salary and terms and conditions of
employment no less favourable than those which
he or she received or was entitled to receive
immediately before the commencement of the
Superannuation Legislation (Governance
Reform) Act 2005 and to all his or her accrued
benefits arising from his or her prior employment.
(5) A person to whom subsection (2) or (3) applies
who, immediately before the commencement of
the Superannuation Legislation (Governance
Reform) Act 2005, was—
(a) an officer within the meaning of the State
Superannuation Act 1988; or
(b) an employee within the meaning of the State
Employees Retirement Benefits Act 1979;
or
(c) an employee within the meaning of the
Transport Superannuation Act 1988—
continues, subject to the relevant Act, to be an
officer or an employee (as the case may be) within
the meaning of that Act while employed for the
purposes of this Act.
47
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 2—Emergency Services Superannuation Board
s. 14
(6) The transfer of an employee by subsection (2)
does not constitute a resignation or termination of
employment of that employee and the posttransfer service of that employee is to be regarded
as continuous with the pre-transfer service of that
employee.
S. 14
substituted by
No. 102/1995
s. 5,
amended by
No. 94/2005
s. 13(a).
S. 14(a)
amended by
No. 94/2005
s. 13(b).
14 Delegation
The Board may, by an instrument of delegation
under its common seal, delegate to the President, a
member of the Board, the Chief Executive Officer
or a person employed under section 13A or to
which section 13A(3)(b) applies or to any other
person or corporation—
(a) any function, power or duty of the Board
under a Superannuation Act or any other Act
or under a governing instrument, other than
this power of delegation; or
(b) any power or duty of the Board under the
Borrowing and Investment Powers Act
1987.
__________________
48
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3—Emergency Services Superannuation Scheme
s. 15
PART 3—EMERGENCY SERVICES SUPERANNUATION
SCHEME
15 Establishment of Scheme
There is established a Scheme called the
Emergency Services Superannuation Scheme,
which is to be administered by the Board.
*
*
*
*
*
17 Borrowing and investment powers1
The Board has the powers conferred on it by the
Borrowing and Investment Powers Act 1987.
17A Investment funds
The Board may establish special arrangements
within the ESSPLAN Scheme to be called
investment funds.
17B Group accounts
(1) The Board may establish and maintain separate
group accounts within the Scheme.
(2) A group account must show the asset and liability
position of the account.
(3) Group accounts may be established for a part or
all of the Scheme and any administered scheme.
(4) A group account must be credited with—
(a) all contributions and amounts received by
the Board by or on behalf of the contributors,
beneficiaries, members or pensioners to
which the group account relates;
49
S. 16
amended by
No. 81/1988
s. 4(1),
repealed by
No. 102/1995
s. 6.
S. 17
substituted by
No. 81/1988
s. 4(2).
S. 17A
inserted by
No. 110/1993
s. 141.
S. 17B
inserted by
No. 94/2005
s. 14.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3—Emergency Services Superannuation Scheme
s. 18
(b) that part of the investment earnings of the
Scheme that the Board determines is
attributable to the group account on a fair
and equitable basis.
(5) A group account must be debited with—
(a) all benefits paid to or in respect of the
contributors, beneficiaries, members or
pensioners to which the group account
relates;
(b) that part of the amount appropriated by the
Board to the Management Account under
section 18 that the Board determines is
attributable to the group account on a fair
and equitable basis;
(c) any other expenses, taxes or charges which
the Board determines are attributable to the
group account on a fair and equitable basis.
18 Management Account of the Board
(1) The Board must keep an account called the
Management Account.
S. 18(2)
substituted by
No. 94/2005
s. 15.
(2) The Board must credit to the Management
Account—
(a) any money appropriated from time to time
by the Board from the Scheme;
(b) any amount received under subsection (3);
(c) any money standing to the credit of the
Management Account established under
section 17(1) of the State Superannuation
Act 1988 immediately before the
commencement of the Superannuation
Legislation (Governance Reform) Act
2005.
50
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3—Emergency Services Superannuation Scheme
s. 19
(3) If the Board administers any other superannuation
fund or scheme or provides services to any
Minister, employer or employing authority, the
Board may require reimbursement for the costs of
that administration or the provision of those
services.
S. 18(3)
substituted by
No. 94/2005
s. 15.
S. 18(4)
inserted by
No. 94/2005
s. 15.
(4) The Board must debit to the Management
Account—
(a) the remuneration paid to members of the
Board;
(b) the salaries or other remuneration paid to
persons employed for the purposes of this
Act;
(c) the expenses incurred in administering the
Scheme and carrying out its functions under
a Superannuation Act or the regulations
under a Superannuation Act or under any
other Act or the regulations under that other
Act;
(d) the expenses of the Board in administering
an administered scheme or any other
superannuation scheme.
19 Actuarial investigation of the Scheme
*
*
*
*
*
(7) The Board must arrange for an actuarial
investigation into the financial position of the
Scheme as at 30 June 1988 and at the end of each
following period of three years to be made by an
actuary appointed by the Board.
(8) The Board must submit the actuary's report of the
investigation to the Minister within six months
after the end of each period of three years.
51
S. 19(1)–(6)
repealed by
No. 31/1994
s. 4(Sch. 2
item 28).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3—Emergency Services Superannuation Scheme
s. 19
S. 19(9)
inserted by
No. 82/1996
s. 9.
(9) The Minister must cause each actuary's report
submitted to him or her to be laid before the
Legislative Council and the Legislative Assembly
before the expiration of the seventh sitting day of
the Legislative Council or the Legislative
Assembly, as the case may be, after the actuary's
report has been received by the Minister.
__________________
52
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20
PART 3AA—CONTRIBUTIONS AND BENEFITS
20 Scheme may be supplemented by Consolidated
Fund
(1) If the amount to the credit of the Scheme is at any
time insufficient to meet the benefits authorized to
be paid out of the Scheme for—
Pt 3AA
(Heading)
inserted by
No. 94/2005
s. 16.
S. 20
amended by
No. 110/1993
s. 142(a).
(a) officers or other members of the police force
of Victoria under the Police Regulation Act
1958; or
(ab) officers or employees appointed by the
Metropolitan Fire and Emergency Services
Board under the Metropolitan Fire
Brigades Act 1958; or
S. 20(1)(ab)
inserted by
No. 94/2005
s. 17.
(ac) officers or employees appointed by the
Country Fire Authority under the Country
Fire Authority Act 1958 or members of the
Country Fire Authority under that Act; or
S. 20(1)(ac)
inserted by
No. 94/2005
s. 17.
(ad) employees appointed by Ambulance
Service—Victoria under the Ambulance
Services Act 1986 or employees appointed
by any other ambulance service specified by
the Minister; or
S. 20(1)(ad)
inserted by
No. 94/2005
s. 17.
(ae) protective services officers other than
eligible protective services officers; or
S. 20(1)(ae)
inserted by
No. 38/2009
s. 7.
(af) eligible protective services officers to whom
section 4(7A) applies; or
S. 20(1)(af)
inserted by
No. 38/2009
s. 7.
53
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20A
S. 20(1)(b)
amended by
No. 46/1998
s. 7(Sch. 1).
(b) any other group of contributors which is
specified by the Minister—
money may from time to time be issued and
applied out of the Consolidated Fund (which is
hereby to the necessary extent appropriated
accordingly) to meet the insufficiency.
S. 20(2)
inserted by
No. 110/1993
s. 142(b).
S. 20A
inserted by
No. 64/1991
s. 6,
amended by
No. 53/1993
s. 3(a)–(c),
repealed by
No. 110/1993
s. 143,
new s. 20A
inserted by
No. 82/1996
s. 10.
S. 20A(2A)
inserted by
No. 94/2005
s. 18.
(2) This section does not apply in respect of the
ESSPLAN Scheme.
20A Contributions
(1) Subject to subsection (2), a contributor must make
contributions to the Scheme on each date for
payment of salary or, except when the contributor
has become entitled to a benefit under
section 20D, 20F, 20J or 20K, periodic payments
under the Accident Compensation Act 1985.
(2) Subject to subsections (5), (6), (7) and (8), a
contributor may elect to make no contributions or
to make contributions at a rate of 3%, 5%, 6%, 7%
or 8% of salary.
(2A) An eligible salary sacrifice contributor may by
notice in writing to his or her employer elect to
make his or her member contributions by way of
salary sacrifice at the rate calculated to the nearest
highest 01% in accordance with the following
formula—
M
1R
where—
M is the applicable member contribution rate in
accordance with subsection (2) without
salary sacrifice;
54
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20A
R is the tax rate for the financial year on
taxable contributions to the Scheme under
the Income Tax Assessment Act 1936 of the
Commonwealth.
(2B) An election under subsection (2A)—
(a) can only be made if there is in force an
agreement between the employer and the
contributor under which the employer can
make the member contributions required by
this Act by way of salary sacrifice;
S. 20A(2B)
inserted by
No. 94/2005
s. 18.
(b) is subject to the terms and conditions
specified in the agreement referred to in
paragraph (a);
(c) can only be made in respect of the whole of
the member contributions;
(d) can not be made in respect of any
contributions made by a contributor in
addition to the member contributions
required under subsection (2).
(2C) Member contributions made in accordance with
the rate determined under subsection (2A) are for
the purposes of this Act (other than sections 25B
to 25C) to be taken to be—
S. 20A(2C)
inserted by
No. 94/2005
s. 18.
(a) the member contributions required to be paid
under this Act; and
(b) the member contributions that would have
been payable if an election had not been
made under subsection (2A).
Note
The effect of paragraph (b) is that, for the purpose of
calculating benefit entitlements, the member
contributions are taken to be the member
contributions that would have been payable if no
election had been made.
55
Note to
s. 20A(2C)(b)
inserted by
No. 37/2007
s. 6.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20A
S. 20A(2D)
inserted by
No. 94/2005
s. 18.
(2D) An election under subsection (2A) does not affect
the amount that would otherwise constitute the
salary of the contributor for the purposes of this
Act.
(3) The contributions payable by a part-time
contributor are that proportion of the contributions
otherwise determined in accordance with this
section that the service of the part-time contributor
(at the time the contributions fall due) bears to the
service of a person in similar employment on a
full-time basis.
S. 20A(3A)
inserted by
No. 43/2008
s. 7.
(3A) For the purposes of subsection (3), the Board may
review the contributions payable by a part-time
contributor.
S. 20A(3B)
inserted by
No. 43/2008
s. 7.
(3B) If after a review under subsection (3A), the Board
considers that the contributions paid by the parttime contributor during the period reviewed do not
bear the same proportion to the contributions
otherwise determined in accordance with this
section that the service of the part-time contributor
bears to the service of a person in similar
employment on a full-time basis, the Board may
require the part-time contributor to make
additional contributions as determined by the
Board.
(4) Subject to giving 2 months' notice in writing, a
contributor may vary the rate of contribution once
in any calendar year.
(5) A contributor who is not an operational staff
member is permitted to contribute at a rate of 6%
of salary only if the contributor is a transferred
officer.
(6) A contributor who is not an operational staff
member is permitted to contribute at a rate of 7%
of salary only if the contributor is a transferred
officer.
56
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20A
(7) A contributor is permitted to contribute at a rate of
8% of salary only if at the time of the first election
under this section or at any subsequent date on
which contributions may be varied—
(a) the contributor is a transferred officer and
has contributed to the Fund established under
the Superannuation Act 1958 and the
Scheme for a total period of not less than
5 years; or
(b) the contributor is a transferred officer and
has contributed to the Fund established under
the Metropolitan Fire Brigades
Superannuation Act 1976 and the Scheme
for a total period of not less than 15 years; or
(c) the contributor is a transferred officer and
has contributed to the Fund established under
the Hospitals Superannuation Act 1965
and the Scheme for a total period of not less
than 10 years; or
(d) the contributor is an operational staff
member whose average contribution rate is
less than 7% of his or her salary for each
year of his or her membership.
(8) Contributions must cease when the accrued
benefit of the member equals the maximum
specified in section 20C.
(9) The Board may at its discretion accept on behalf
of a contributor a transfer of money or other assets
from an approved superannuation arrangement.
(10) Contributors must make elections under this
section in the form specified by the Board.
(11) Employers must deduct contributions from the
salaries of contributors and pay them without
deduction to the Board.
57
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20B
(12) On and from 1 January 1994 a contributor who
had been a contributor at the rate of 9% of salary
prior to 1 January 1994 is to be deemed to have
elected to contribute at a rate of 8% of salary with
effect from the first full pay day in January 1994.
S. 20B
inserted by
No. 82/1996
s. 10.
S. 20B(1)
amended by
No. 40/2010
s. 6(a).
20B Membership
(1) For the purposes of this Part, membership means
the period of service up to the age of 75 years or
as otherwise permitted by Commonwealth
superannuation law calculated in years including
fractions appropriate to complete days during
which the employee was entitled to make
contributions (other than contributions under
section 20M) to the Scheme.
(2) Any period of membership as a part-time
contributor is reduced proportionately according
to the basis on which the part-time contributor is
employed.
(3) Membership includes—
(a) any leave of absence during which the
contributor continues to receive salary from
the employer or periodic payments under the
Accident Compensation Act 1985; and
(b) any leave of absence without pay on account
of illness or injury certified by a registered
medical practitioner; and
S. 20B(3)(ba)
inserted by
No. 40/2010
s. 6(b).
(ba) any leave of absence without pay on account
of parental leave for a period of up to
12 months for each confinement; and
58
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20B
(c) any other leave of absence approved by the
employer of the contributor during which the
employer, or any other employer of the
contributor approved by the Board, agrees to
maintain contributions as required by
section 20Q.
(4) Membership does not include—
(a) any period prior to 1 January 1987; or
(b) any period when a contributor was a
contributor to a prior fund; or
(ba) in the case of an eligible protective services
officer to whom section 4(7A) applies, any
period during which the eligible protective
services officer was not a contributor to the
Scheme; or
S. 20B(4)(ba)
inserted by
No. 38/2009
s. 8.
(c) any period in excess of 4 weeks when no
contribution payments (other than optional
contributions under section 20M) are made
to the Scheme; or
(d) any period in respect of which a benefit has
previously been paid unless such part of that
benefit (other than a pension under
section 20F or 20G) as the Board requires
has been repaid to the Scheme together with
interest at a rate fixed by the Board; or
(e) unless contributions required by section 20M
are made, any additional years of
membership which would have been
completed by age 60 by a contributor on
leave of absence without pay other than
leave on account of illness or injury certified
by a registered medical practitioner or
parental leave for a period of up to
12 months for each confinement.
59
S. 20B(4)(e)
amended by
No. 40/2010
s. 6(c).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20C
S. 20C
inserted by
No. 82/1996
s. 10.
20C Accrued benefits
(1) The accrued benefit of a contributor is the sum
of—
(a) 10% of the salary of the contributor for each
year of membership in which the contributor
was entitled to make but did not make
contributions to the Scheme; and
(b) 16% of the salary of the contributor for each
year of membership in which the contributor
contributed 3% of salary to the Scheme; and
(c) 20% of the salary of the contributor for each
year of membership in which the contributor
contributed 5% of salary to the Scheme; and
(d) 24% of the salary of the contributor for each
year of membership in which the contributor
contributed 6% of salary to the Scheme; and
(e) 28% of the salary of the contributor for each
year of membership in which the contributor
contributed 7% of salary to the Scheme; and
(f) 32% of the salary of the contributor for each
year of membership in which the contributor
contributed 8% of salary to the Scheme; and
(g) 36% of the salary of the contributor for each
year of membership in which the contributor
contributed 9% of salary to the Scheme prior
to 1 January 1994; and
(h) the percentage of the salary of the
contributor that is determined by the Board
having regard to the period of membership
and contributions of the contributor under
any prior fund and any benefits paid to the
contributor from any prior fund; and
60
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20C
(i) the percentage of the salary of the
contributor that is determined by the Board
having regard to any money or assets
transferred from an approved superannuation
arrangement.
(2) The accrued benefit of a contributor must not
exceed a maximum of 840 times the salary of the
contributor.
(2AA) Subsections (1) and (2) apply for the purposes of
calculating—
(a) the relevant lump sum payable to a
contributor who becomes entitled to a benefit
before 1 July 2005 under section 20D, 20F,
20G, 20H, 20J or 20K; or
S. 20C(2AA)
inserted by
No. 32/2005
s. 3(1).
(b) the relevant lump sum payable to a
contributor who—
(i) becomes entitled to a benefit on or after
1 July 2005 under section 20D, 20F,
20G, 20H, 20J or 20K to which a
determination made under section
25A(3) applies; and
(ii) makes an election under
subsection (2AF); or
(c) the relevant lump sum payable in accordance
with section 20E.
(2AB) For the purposes of calculating the relevant lump
sum payable to a contributor who—
(a) becomes entitled to a benefit on or after
1 July 2005 under section 20D, 20F, 20G,
20H, 20J or 20K to which a determination
made under section 25A(3) applies; and
61
S. 20C(2AB)
inserted by
No. 32/2005
s. 3(1).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20C
(b) does not make an election under
subsection (2AF)—
the accrued benefit of a contributor is the sum
determined in accordance with the formula—
(A + B) – C—
where—
A is the sum of the percentage of salary of the
contributor (accrual rate) dependent on the
contribution level over the period of
membership of the contributor in accordance
with the Table in subsection (2AC);
B is the sum of the percentage of salary of the
contributor specified in subsection (2AD);
C is 107% of the amount of the total of "A"
and "B" which is attributable to any period
of membership of the contributor during the
period commencing 1 July 1988 and ending
30 June 2005.
S. 20C(2AC)
inserted by
No. 32/2005
s. 3(1).
(2AC) The Table referred to in subsection (2AB) is—
Contribution
rate by
contributor as
percentage of
salary of the
contributor
Annual accrual
rate for each
year of
membership
before 1 July
2005
Annual accrual
rate for each
year of
membership
after 1 July
2005
0
10
85
3
16
14
5
20
18
6
24
215
7
28
25
8
32
285
9
36
Not Applicable
62
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20C
(2AD) For the purposes of the definition of "B" in
subsection (2AB), the sum of the percentage of
salary of the contributor is the sum of—
S. 20C(2AD)
inserted by
No. 32/2005
s. 3(1).
(a) the percentage of the salary of the
contributor that is determined by the Board
having regard to the period of membership
and contributions of the contributor under
any prior fund and any benefits paid to the
contributor from any prior fund; and
(b) the percentage of the salary of the
contributor that is determined by the Board
having regard to any money or assets
transferred from an approved superannuation
arrangement.
(2AE) For the purposes of subsection (2AB), the accrued
benefit of a contributor or the benefit paid under
section 20K to a contributor must not exceed
whichever is the lesser of—
S. 20C(2AE)
inserted by
No. 32/2005
s. 3(1).
(a) the sum of—
(i) 75 times the salary of the contributor;
and
(ii) 107% of the amount of the total of "A"
and "B" (within the meaning of
subsection (2AB)) which is attributable
to any period of membership of the
contributor before 1 July 1988; or
(b) 84 times the salary of the contributor.
(2AF) A contributor who becomes entitled to a lump
sum benefit on or after 1 July 2005 under
section 20D, 20F, 20G, 20H, 20J or 20K to which
a determination made under section 25A(3)
applies may within 60 days of becoming entitled
to the lump sum benefit—
63
S. 20C(2AF)
inserted by
No. 32/2005
s. 3(1).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20D
(a) make a request for the whole of the lump
sum benefit to be transferred to a beneficiary
account established under section 21J; and
(b) elect in the form approved by the Board to
have the benefit calculated in accordance
with subsections (1) and (2) as a benefit
to which a determination made under
section 25A(3) does not apply.
S. 20C(2A)
inserted by
No. 70/2003
s. 4,
amended by
No. 32/2005
s. 3(2).
(2A) For the purposes of subsection (2) or (2AE), if a
payment or transfer to a non-member spouse is
made for the purposes of Part VIIIB of the
Commonwealth Family Law Act 1975 whether
under Part 4A or otherwise, the maximum accrued
benefit of the member spouse must be adjusted by
the Board in accordance with a methodology
approved by the Minister, on the advice of an
actuary appointed by the Board.
(3) For the purposes of sections 20F(8), 20F(9),
20F(10), 20F(19) and 20G(3)(b)(ii), the salary
used to determine the accrued benefit of a former
contributor is the current equivalent of salary on
termination of service.
(4) In any case of a payment under this Part and
which is made on or after 1 January 1994, the
benefit calculated to be payable by the Board must
not be less than any benefit that would have been
payable if the benefit had been paid prior to
1 January 1994.
S. 20D
inserted by
No. 82/1996
s. 10,
amended by
No. 13/1999
s. 4.
20D Retirement of contributor
Upon the retirement of a contributor on or after
attaining the age of 50 years, the Board must pay
to the contributor a lump sum equal to the accrued
benefit of the contributor.
64
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20E
20E Death of contributor or police recruit
(1) Upon the death of a contributor who is an
operational staff member before the age of 55, or
if not an operational staff member before the age
of 60, the Board must pay to the dependants, or, if
there are none, to the nominees, a lump sum equal
to the accrued benefit which would have been
payable if—
(a) in the case of an operational staff member—
(i) the membership of the contributor had
continued and terminated at the age of
55 years; and
(ii) the salary of the contributor at age 55
had been the salary at the date of death;
and
(iii) the contributor had been permitted from
the date of death to contribute the
maximum rate available to the
contributor under this Part and elected
to contribute at that rate; or
(b) in the case of any other contributor—
(i) the membership of the contributor had
continued and terminated at the age of
60 years; and
(ii) the salary of the contributor at age 60
had been the salary at the date of death;
and
(iii) the contributor had been permitted from
the date of death to contribute the
maximum rate of 5% and elected to
contribute at that rate.
65
S. 20E
inserted by
No. 82/1996
s. 10.
S. 20E(1)
amended by
No. 32/2005
s. 4.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20E
S. 20E(2)
amended by
No. 40/2004
s. 16.
(2) Upon the death of a contributor who is an
operational staff member at or after the age of 55,
or if not an operational staff member at or after
the age of 60, the Board must pay to the
dependants or, if there are none, to the nominees,
a lump sum equal to the accrued benefit of the
contributor at the date of death calculated using
the salary of the contributor at the date of his or
her death.
(3) Prospective membership of a contributor who was
at any time a part-time contributor is to be
calculated proportionately according to the ratio
the service rendered by the contributor in the
3 years preceding death or during the total service
of the contributor (whichever is less) bears to the
service that would have been required of a person
in similar employment throughout that period on a
full-time basis.
(4) Where a contributor who is not an operational
staff member and who is not a transferred officer
dies as the result of traumatic bodily injury
suffered in the course of employment, the Board
must pay to the dependants or, if there are none, to
the nominees, a supplementary lump sum equal to
the lesser of—
(a) 40% of the lump sum under subsection (1);
or
(b) the difference between 840 times the salary
and the lump sum under subsection (1).
(5) If a beneficiary is under the age of 18 years or if
in the opinion of the Board it would be in the best
interests of a beneficiary, the Board may pay any
benefit under this section to other persons selected
by the Board for the benefit of the beneficiary.
66
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20F
(6) On the termination of the service of a police
recruit because of death, the Board must pay to
the dependants, in the proportions that the Board
determines, a lump sum equal to the lesser of—
(a) 840 times the salary of the police recruit at
the date of death; or
(b) the multiple of the salary of the police recruit
which would have become payable under
this section if the police recruit had become a
contributor to the scheme and had died on
the day of first becoming eligible to take and
subscribe an oath under section 13 of the
Police Regulation Act 1958.
(7) The Board must not make a payment in respect of
the death of a police recruit or former police
recruit if the Board is unable, after making
reasonable enquiries, to locate the person entitled
to it.
(8) Upon acceptance of a payment under this section,
the Board is released from any liability to make
any further payments to, or in respect of, any
entitlements of the deceased and this Act ceases to
apply.
(9) 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 be an operational staff member
after that commencement.
20F Disability of contributor or police recruit
(1) If a contributor who is an operational staff
member terminates service before the age of 55,
or if the contributor is not an operational staff
member and terminates before the age of 60, and
the contributor is suffering from disability at the
time of termination, the Board must pay to the
67
S. 20E(9)
inserted by
No. 38/2009
s. 9.
S. 20F
inserted by
No. 82/1996
s. 10.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20F
contributor an annual pension at a rate of 1/12th of
the sum of—
(a) the lump sum which would have become
payable under section 20E(1) if the
contributor had died on the date of
termination; and
(b) if the disability is the result of traumatic
bodily injury suffered in the course of
employment, the supplementary lump sum
which would have become payable under
section 20E(4) if the contributor had died on
the date of termination.
S. 20F(2)
amended by
No. 84/1998
s. 4(2).
(2) If a contributor who is an operational staff
member terminates service at or after the age
of 55, or if the contributor is not an operational
staff member and terminates at or after the age of
60 and the contributor is suffering from disability
at the time of termination, the Board must pay to
the contributor a lump sum equal to the accrued
benefit of the contributor at the date of
termination.
(3) The pension under subsection (1) is payable
during the life of the former contributor in
fortnightly instalments of one twenty-sixth of the
annual pension.
(4) On the termination of the service of a police
recruit because of disability, the Board must pay
to the police recruit, for a period determined by
the Board but not exceeding 12 months, an annual
pension at the rate of one-twelfth of the lump sum
which would have become payable under
section 20E if the police recruit had died on the
date of termination of services.
(5) At the end of a period determined by the Board
for payment of a pension the Board must, if the
former police recruit is not gainfully employed—
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Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20F
(a) continue the pension for a further period
determined by the Board but not exceeding
12 months; or
(b) continue the pension indefinitely.
(6) A pension under subsection (4) or (5) is payable in
fortnightly instalments of one twenty-sixth of the
annual pension.
(7) The pension payable to any former police recruit
must not exceed the amount which, together with
the amount of any periodic payments under the
Accident Compensation Act 1985 received by
the former police recruit, equals the current
equivalent of salary on termination of service.
(8) On the death of a former contributor entitled to a
pension under this section before the age of
65 years, or on the death of a former police recruit
entitled to a pension under this section before the
age of 55 years, the Board must pay to the
dependants or, if in the case of a former
contributor there are none, to the nominees or to
other persons selected in accordance with section
20E(5), an amount which is the greater of the
accrued benefit and—
D (312  X)
312
where—
D is the benefit which would have been
payable if the former contributor or former
police recruit had died on the date of the
termination of service and if the salary of the
former contributor or former police recruit
had been the current equivalent of the salary
of the former contributor or former police
recruit on termination of service; and
69
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20F
X is the number of fortnightly instalments of
pension received by the former contributor
or former police recruit.
(9) If on the death of a former contributor before age
60 any benefit payable under subsection (8) is less
than 4 times the current equivalent of the salary on
termination of service of the former contributor,
the benefit must be increased to the lesser of that
amount and the benefit which would have been
payable if the former contributor had died on the
date of the termination of service and the salary of
the former contributor had been the current
equivalent of the salary of the former contributor
on termination of service.
(10) A former contributor receiving a pension under
this section may—
(a) within the 3 months before the former
contributor would attain the age of 60 years;
or
(b) within the 3 months before the former
contributor would attain the age of
65 years—
elect to cease to receive the pension as from the
age of 60 or 65 years (as the case requires) and to
receive a benefit equal to the accrued benefit of
the former contributor.
S. 20F(11)
amended by
No. 50/1997
s. 18(1).
(11) The Board may at any time require a former
contributor or former police recruit receiving a
pension under this section to provide to the Board
within 45 days of a request, any information
relating to the state of health or gainful
employment of the former contributor or former
police recruit as the Board may require for the
purposes of this section and if the former
contributor or former police recruit fails or refuses
to provide the information the Board may upon
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Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20F
written notice to the former contributor or former
police recruit suspend or cancel the pension.
(12) Subject to subsection (17), if before a former
contributor or former police recruit receiving a
pension under this section attains the age of
60 years the Board determines that the former
contributor or police recruit is gainfully employed,
or is not, or is no longer, suffering from disability,
the Board may—
(a) reduce the pension to any level that the
Board determines, having regard to the
current equivalent of salary on termination of
service, the remuneration the former
contributor or former police recruit has
derived from gainful employment, and the
earning capacity of the former contributor or
former police recruit; or
(b) suspend the pension; or
(c) cancel the pension.
(13) For the purposes of subsections (5), (11), (12) and
(14) a person is to be treated as being gainfully
employed if the person is deriving income wholly
or partly from his or her personal exertions
whether on his or her own account, or delegation
thereof, or under a contract of service or otherwise
during the period that the person has been
receiving the pension.
(14) The Board may from time to time review a
determination to reduce or suspend benefits
having regard to the current equivalent of salary
on termination of service, the income the former
contributor or police recruit has derived from
gainful employment, and the earning capacity of
the former contributor or former police recruit,
and may determine to—
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Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20F
(a) further reduce the pension; or
(b) suspend the pension; or
(c) cancel the pension; or
(d) increase the pension to an amount not
exceeding the pension which would have
been payable if no previous determination
had been made.
(15) A determination to reduce, suspend or cancel a
pension does not take effect for a period of
3 months from the date of determination during
which period the former contributor or former
police recruit may appeal to the Board against the
determination.
(16) If the Board confirms the determination on appeal,
the reduction, suspension or cancellation of
pension will apply 3 months after the original
determination was made or on the pension pay
day following determination of the appeal,
whichever is the later.
(17) If a former contributor or former police recruit
receiving a pension under this section is again
employed by an employer, the pension must be
suspended but the Board may agree to pay to the
contributor or police recruit an amount up to the
excess (if any) of the current equivalent of salary
on termination of service over the salary payable
to the contributor or police recruit because the
person is unable to perform the previous duties
due to the state of his or her health.
(18) The Board may agree to pay to a transferred
officer an amount not exceeding any fortnightly
payments which the transferred officer was
receiving from a prior fund.
72
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20G
(19) If the Board cancels a pension under subsection
(11), (12) or (14), the Board must pay—
(a) to a former contributor, a benefit equal to the
accrued benefit of the former contributor; or
(b) to a former police recruit, a benefit equal to
his or her member's account balance.
(20) The Board may make the payment of any pension
to a former police recruit conditional on the
former police recruit undertaking, at the expense
of the Board, a nominated course of training or
education.
(21) Upon acceptance of a payment under subsection
(8), (9) or (10), the Board is released from any
liability to make any further payment to, or in
respect of, any entitlements of the deceased
pensioner or former contributor and this Act
ceases to apply.
(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 be an operational staff member
after that commencement.
20G Temporary pension for illness or injury
(1) If the Board determines that a contributor who has
applied for a disability benefit under section
20F(1) is likely to substantially recover from
injury, disease or infirmity, the Board may
determine that the contributor be paid a pension
calculated in accordance with section 20F while
absent from duties for a limited period of up to
12 months.
73
S. 20F(22)
inserted by
No. 38/2009
s. 10.
S. 20G
inserted by
No. 82/1996
s. 10.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20G
(2) A contributor granted a pension under subsection
(1) is to be treated as being on leave of absence
without pay on account of illness or injury
certified by a registered medical practitioner but in
other respects section 20F applies.
(3) At the expiration of the limited period for
payment of a pension, the Board must decide if
the contributor does not return to duties—
(a) to continue the pension while the contributor
remains absent from duties for one further
limited period of up to 12 months; or
(b) if the service of the contributor is terminated,
to pay the contributor either—
(i) a pension under section 20F; or
(ii) the contributor's accrued benefit.
(4) If, under subsection (3), the Board decides to
continue a pension for a second limited period and
determines that any pension payable is conditional
upon the contributor undertaking a nominated
course of training or education referred to in
subsection (5), the Board must, at the expiration
of that period, if the contributor does not return to
duties, decide to continue the pension until the
contributor has completed the nominated course
or 3 years of the nominated course, whichever
first occurs.
(5) The Board may determine that any pension
payable under subsection (1), (3)(a) or (4) is to be
conditional upon the contributor undertaking at
the expense of the Board a nominated course of
training or education.
S. 20G(6)
amended by
No. 32/2005
s. 5.
(6) Upon acceptance of a payment under subsection
(3)(b)(ii), the Board is released from any liability
to make any further payment to, or in respect of,
any entitlements of the former contributor and this
Act ceases to apply.
74
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20H
20H Termination due to ill health
(1) This section applies if the Board determines
that—
S. 20H
inserted by
No. 82/1996
s. 10.
(a) a former contributor who is receiving an
annual pension under section 20F and has
applied for the payment of a benefit under
this section; or
(b) a contributor who has applied for the
payment of an annual pension under
section 20F and in respect of whom the
Board has determined that the contributor is
not eligible to receive a benefit under
section 20F or 20G(1); or
(c) a contributor who is receiving a temporary
pension under section 20G and in respect of
whom the Board has determined that the
contributor is not eligible to receive a benefit
under section 20F or 20G—
qualifies for the payment of an ill health benefit
under this section.
(2) The payment under this section is to be a lump
sum equal to the accrued benefit at the date of
termination of—
(a) the contributor calculated using the salary of
the contributor in accordance with
section 4(1E)(f); or
(b) the former contributor calculated using the
current equivalent salary of the salary of the
former contributor at the date of termination.
(3) If a contributor or former contributor accepts a
payment under this section, the Board is released
from any liability to make any further payments
to, or in respect of, any entitlements of the
contributor or former contributor or of any of his
or her dependants and this Act ceases to apply.
75
S. 20H(2)
substituted by
No. 84/1998
s. 4(3).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20I
S. 20I
inserted by
No. 82/1996
s. 10.
20I Indexation of pensions
(1) In this section—
prescribed half year means the half year ended
31 December 1986 or any subsequent half
year ending on 30 June or 31 December in
which the consumer price index number is
higher than the previous highest consumer
price index number in or since the half year
ended 31 December 1986;
prescribed proportion in relation to a prescribed
half year after 31 December 1986 means—
AB
B
where—
A is the consumer price index number for
the prescribed half year;
B is the consumer price index number for
the next preceding prescribed half year.
(2) If the prescribed proportion consists of, or
includes a fraction of, a whole number, it must be
calculated to the nearest one-hundredth part.
(3) Any pension under section 20F or 20G must—
(a) if it is then payable, be increased on the
payment of the first instalment of pension in
the month of June or December by an
amount equal to one-sixth of the prescribed
proportion for the next preceding prescribed
half year (if any) of the pension for every
whole month or part of a month during the
preceding half year in respect of which a
pension has been payable; or
(b) if for any reason it is not then payable, be
notionally so increased as if then payable.
76
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20J
(4) Where any increase in any pension is likely to
jeopardise the granting of any pension, allowance,
subsidy, concession or similar benefit to the
pensioner under any Act of the Commonwealth,
the Board on receipt of a request in writing from
the former contributor may commute to a lump
sum the increase in the pension on such terms and
conditions as may from time to time be
determined by the Board after considering the
advice of an actuary.
20J Retrenchment of contributor
If a contributor ceases to be employed before
attaining the age of 50 years by reason of
retrenchment, the Board must pay to the
contributor a sum equal to the contributor's
accrued benefit.
20K Other termination of service of contributor
(1) The Board must not make any payments under
this section until it receives a statement in the
form approved by the Board by or on behalf of the
contributor as to whether the contributor claims to
have ceased to be employed by reason of
retrenchment or whilst suffering from disability or
ill health.
(2) When a contributor ceases to be employed before
attaining the age of 50 years other than by reason
of death or retrenchment, or whilst suffering from
disability or ill health, the contributor is entitled to
be paid a sum equal to the sum of—
(a) the accrued benefit of the contributor at the
date 5 years before the date of resignation, or
if at that date the contributor was a member
of a prior fund or an approved
superannuation arrangement the percentage
of salary that is determined by the Board;
and
77
S. 20J
inserted by
No. 82/1996
s. 10,
amended by
No. 13/1999
s. 4.
S. 20K
inserted by
No. 82/1996
s. 10.
S. 20K(2)
amended by
No. 13/1999
s. 4.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20L
(b) the adjusted total contributions of the
contributor to the Scheme, a prior fund or
approved superannuation arrangement in the
period since the date 5 years prior to the date
of resignation; and
(c) 3% of the salary of the contributor at the date
of termination for each year of contribution
by the contributor on or after 1 January 1987
up to a maximum of 5 years.
(3) If a contributor ceases to be employed after
attaining the age of 45 years other than by reason
of death or retrenchment, or whilst suffering from
disability or ill health, there is to be substituted for
the period of the 5 years in subsection (2) the
period in years and complete months from the
date of termination of service to the date on which
the contributor would attain the age of 50 years.
S. 20L
inserted by
No. 82/1996
s. 10.
20L Restriction of death and disability benefits
(1) Full death and disability benefits must be
granted—
(a) to all operational staff members; and
(b) to all other transferred officers who were
entitled to full death and disability benefits
under a prior fund.
S. 20L(2)
amended by
No. 40/2010
s. 7.
(2) Any other contributor may at the discretion of the
Board be requested to—
(a) furnish to the Board a personal statement
verified in any manner that the Board may
require with respect to age, occupation,
medical history, condition of health and any
other matters that the Board considers
necessary or expedient; and
78
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20L
(b) undergo any examination by a registered
medical practitioner, nominated by the
Board, that the Board may consider
necessary or expedient—
for the purposes of this section.
(3) The Board not later than 2 months after it receives
the personal statement and report of the medical
examination in accordance with subsection (2),
must determine whether the contributor is subject
to a health impairment which could provide
grounds for a claim for disability benefits from the
Scheme within 3 years and if the Board so
determines may declare the contributor to be a
restricted benefits contributor.
(4) A contributor required to furnish information to
the Board under subsection (2) is to be treated as a
restricted benefits contributor until the expiration
of the period of 2 months specified in
subsection (3) or any earlier date that the Board
decides that the contributor is not a restricted
benefits contributor.
(5) The benefit payable in the event of the death or
disability of a restricted benefits contributor is the
accrued benefit for that contributor or such greater
amount as the Board may determine and advise in
writing to the contributor.
(6) If the service of a contributor terminates by reason
of death, or whilst suffering from disability that is
caused by traumatic bodily injury suffered by the
contributor within 12 months (or such longer
period as is approved by the Board) prior to the
termination of service, the Board may determine
that any restriction imposed under this section be
waived.
79
S. 20L(2)(b)
amended by
No. 40/2010
s. 7.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20M
(7) A restricted benefits contributor may within
2 months of a determination by the Board under
subsection (3) and at any further intervals that the
Board may determine, apply to the Board for
reconsideration of the determination.
(8) The Board may require a contributor making
application under subsection (7) to provide any
further evidence of health or undergo any further
medical examinations that the Board considers
necessary or expedient.
S. 20M
inserted by
No. 82/1996
s. 10,
amended by
No. 65/2008
s. 11(2) (ILA
s. 39B(1)).
S. 20M(1)
amended by
No. 40/2010
s. 8.
S. 20M(1)(a)
amended by
Nos 37/2007
s. 7, 65/2008
s. 11(1).
20M Optional contributions during leave of absence
(1) If an employer approves in advance leave of
absence without pay for reasons other than illness
or injury certified by a registered medical
practitioner or parental leave for a period of up to
12 months for each confinement or employment
by another employer who agrees to maintain
contributions as required by section 20Q for more
than 4 weeks, the contributor—
(a) subject to subsection (2), may elect to pay
contributions for the period of the leave at a
rate of 2% (or such other percentage as is
first determined by an actuary after the
commencement of section 10 of the
Superannuation Acts (Further
Amendment) Act 1996 and thereafter
during an actuarial investigation under
section 19(7) and which is specified in the
actuary's report), of the salary of the
contributor immediately before the
commencement of leave; and
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Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20N
(b) upon payment of such contributions is to be
treated in the event of death or the
commencement to suffer disability before
return from leave to have resumed duties on
the day of such death or the commencement
to suffer disability.
(2) For the purposes of subsection (1), the Board may
determine that a class or category of contributor
may apply in a form approved by the Board to pay
contributions under subsection (1)(a) for a
specified period which is, or specified periods
which are, less than the period of the leave.
S. 20M(2)
inserted by
No. 65/2008
s. 11(2).
(3) The Board may approve an application under
subsection (2) subject to any terms and conditions
which the Board considers appropriate.
S. 20M(3)
inserted by
No. 65/2008
s. 11(2).
20N Legal personal representatives
(1) A contributor may nominate any natural person as
a legal personal representative for the purposes of
this Part.
S. 20N
inserted by
No. 82/1996
s. 10.
(2) The nomination must be made in a manner
determined by the Board.
(3) A contributor's—
(a) natural and adoptive parents; and
(b) siblings (whether or not they are related by
blood to the contributor)—
are deemed to be a contributor's legal personal
representatives for the purposes of this Part.
20NA Registration of names of dependants
(1) A contributor may register the names of persons
whom he or she considers to be his or her
dependants (other than a partner or child) with the
Board for the purposes of this Part.
81
S. 20NA
inserted by
No. 40/2010
s. 9.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20O
(2) A person who has not been registered under
subsection (1) may lodge a claim in a form
approved by the Board as a dependant of a
deceased contributor or former contributor.
S. 20O
inserted by
No. 82/1996
s. 10.
S. 20O(1)
amended by
No. 27/2001
s. 5(Sch. 3
item 2.3).
20O Death benefit when no dependants
(1) Notwithstanding anything in this Part if following
the death of a contributor or former contributor
the Board is unable to locate a partner, child or
any other dependant or nominee of the contributor
or former contributor, the Board must pay to the
executor or administrator of the estate of the
contributor or former contributor the amount by
which the adjusted total contributions of the
contributor or former contributor exceed the total
benefits paid to or in respect of the contributor or
former contributor.
(2) The Board may assume there are no dependants or
nominees who are deemed to be legal personal
representatives under section 20N(3) if no persons
have lodged claims with the Board within
12 months of the death of the contributor.
S. 20P
inserted by
No. 82/1996
s. 10,
amended by
No. 40/2010
s. 10 (ILA
s. 39B(1)).
20P Payment of benefits in case of multiple claimants
(1) If—
(a) a contributor or former contributor dies; and
(b) the Board is required to pay an amount to
dependants or nominees; and
(c) there is more than one dependant or
nominee—
the Board may determine in accordance with this
section what proportion (if any) of the amount
each dependant or nominee is to receive.
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Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20PA
(2) Before apportioning benefits under this Part, the
Board must consider whether any registered
person or claimant under section 20NA was a
dependant of the deceased contributor or former
contributor.
S. 20P(2)
inserted by
No. 40/2010
s. 10(2).
(3) The Board must provide a reasonable opportunity
for any registered person or claimant to make
written submissions in a form approved by the
Board as to the degree of his or her dependency.
S. 20P(3)
inserted by
No. 40/2010
s. 10(2).
(4) In making a determination under this section the
Board must consider—
S. 20P(4)
inserted by
No. 40/2010
s. 10(2).
(a) the degree of financial dependency of that
person on the contributor or former
contributor at the date of death; and
(b) any other factor that the Board considers
relevant.
(5) Nothing in this section limits the Board's
discretion to determine what proportions (if any)
of the deceased contributor's or former
contributor's benefits each dependant is to receive.
20PA Entitlements in respect of returning members who
are operational staff members
(1) If the circumstances specified in section 20E, 20F,
20G, 20H or 20O apply—
(a) a returning member who is an operational
staff member; or
(b) in the event of the death of a returning
member who is an operational staff member,
a dependant or nominee of the returning
member—
is entitled to a benefit under the relevant section
calculated and payable in accordance with this
Part as if the returning member who is an
operational staff member were a contributor.
83
S. 20P(5)
inserted by
No. 40/2010
s. 10(2).
S. 20PA
inserted by
No. 43/2008
s. 8.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20Q
(2) For the purposes of this section—
(a) membership means the period of service
under the fixed term agreement; and
(b) the accrual rate specified in section
20C(1)(a) is to be taken to apply for each
year of the fixed term agreement.
S. 20Q
inserted by
No. 82/1996
s. 10.
20Q Separate employer accounts
(1) The employer of each contributor must pay to the
Board contributions equal to—
(a) the percentages of amounts paid to
contributors by way of salary; or
(b) the multiples of contributions payable by
contributors; or
(c) the proportions of benefits paid in respect of
former contributors that are for the time
being fixed for the employer by the Board;
or
(d) an appropriate amount in Australian dollars
fixed for the employer by the Board; or
(e) any other amount being a combination of
these types of contribution fixed for the
employer by the Board.
S. 20Q(1A)
inserted by
No. 84/1998
s. 8.
(1A) Subsection (1) does not apply in respect of a
contributor who has ceased making contributions
because of section 20B(1).
(2) For the purposes of this section, the Board may
make collective determinations for any group of
employers who consent to be regarded as related
employers.
S. 20Q(3)
substituted by
No. 94/2005
s. 19.
(3) The Board must establish and maintain a separate
group account under section 17B for each
employer or for each group of employers for
which a collective determination is made under
subsection (2).
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Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20R
(4) The Board must establish and maintain a separate
group account under section 17B for each
employer for which a collective determination has
not been made under subsection (2).
S. 20Q(4)
substituted by
No. 94/2005
s. 19.
(5) The Board must fix the contributions calculated in
accordance with subsection (1) for the purposes of
this section after considering the advice of the
actuary as at the commencement of each financial
year and must give to each employer notice in
writing of any such contributions so fixed not less
than 6 months before it is to have effect.
(6) The first percentages, multiples and proportions
fixed under this section must be fixed as soon as
possible after 1 January 1987 and have effect from
that date.
20R Remittance of contributions
(1) All contributions deducted from the salary of a
contributor and all amounts which an employer is
liable to pay to the Board become payable to the
Board at each payment of an instalment of salary
by that employer.
S. 20R
inserted by
No. 82/1996
s. 10.
(2) If an employer does not within 14 days after an
amount has become payable pay the whole
amount to the Board the employer must, if the
Board so demands, pay interest on the amount
remaining unpaid at the rate for the time being
fixed under section 2 of the Penalty Interest
Rates Act 1983 from the date on which the
amount became payable until the date on which it
is paid to the Board.
20S Minimum Requisite Benefit
Notwithstanding anything contained in this Part,
any benefit payable to or in respect of a
contributor must not be less than the Minimum
Requisite Benefit specified by the actuary in the
Benefit Certificate related to the Scheme and
85
S. 20S
inserted by
No. 82/1996
s. 10.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3AA—Contributions and Benefits
s. 20S
provided by the actuary from time to time for the
purposes of satisfying the requirements of the
Commonwealth Superannuation Guarantee
(Administration) Act 1992 and any regulations
thereto.
_______________
86
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21
PART 3A—ESSPLAN SCHEME
Pt 3A
(Heading and
ss 21–21O)
inserted by
No. 82/1996
s. 11.
New s. 21
inserted by
No. 82/1996
s. 11.
21 Definitions
In this Part—
beneficiary means a contributor, former
contributor or eligible beneficiary in respect
of whom a beneficiary account is
established;
S. 21 def. of
beneficiary
amended by
No. 43/2008
s. 9(a).
beneficiary account means a beneficiary's account
established and maintained by the Board for
each beneficiary under section 21J;
casual employee means a casual employee as
defined by the relevant award determinations
or an employee deemed by the Board to be a
casual employee;
child, in relation to a member, means a child of
the member or of his or her partner, other
than any child born more than 10 months
after his or her death;
S. 21 def. of
child
amended by
No. 27/2001
s. 5(Sch. 3
item 2.4).
eligible spouse, in relation to a member,
contributor or former contributor, has the
same meaning as spouse has in section 10 of
the Superannuation Industry (Supervision)
Act 1993 of the Commonwealth;
S. 21 def. of
eligible
spouse
inserted by
No. 95/2000
s. 9(1)(a),
substituted by
No. 43/2008
s. 9(b).
maximum splittable amount has the meaning
given by regulation 6.40 of the
Superannuation Industry (Supervision)
Regulations 1994 of the Commonwealth;
S. 21 def. of
maximum
splittable
amount
inserted by
No. 37/2007
s. 8.
87
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21
S. 21 def. of
member
substituted by
No. 43/2008
s. 9(c),
amended by
No. 38/2009
s. 11.
member means a person who is—
(a) a member of the ESSPLAN Scheme
under section 4(7) or 4(8); or
(b) a contributor who becomes a member
of the ESSPLAN Scheme in
accordance with section 21B(1)(b); or
(c) an eligible beneficiary who becomes a
member of the ESSPLAN Scheme in
accordance with section 21B(1)(c); or
(d) a beneficiary who has a beneficiary
account and applies to become a
member of the ESSPLAN Scheme in
accordance with section 21B(1)(ca);
member's account balance means the credit
balance in the member's account as at a
particular date after all relevant credits and
debits up to that date have been made;
net earning rate means in respect of any
particular period, and for any particular
purpose, the rate of earnings (which may be
positive or negative) as determined by the
Board in respect of an investment fund or in
respect of the Scheme (excluding investment
funds), as the case may be, for that period
and that purpose and having regard to—
(a) the income derived from the investment
of the Scheme or investment funds; and
(b) any realised or unrealised gains or
losses in respect of any investments of
the Scheme or investment funds; and
(c) any tax; and
(d) expenses of the Scheme or an
investment fund not otherwise debited
to member's accounts; and
88
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21A
(e) any specified standards; and
(f) any other matters the Board considers
relevant;
participating employer means an employer that—
(a) employs any person defined as an
employee within the meaning of
section 3; or
S. 21 def. of
participating
employer
substituted by
No. 84/1998
s. 9.
(b) the Secretary to the Department of
Treasury and Finance by instrument in
writing declares to be a participating
employer in the ESSPLAN Scheme;
payment flag has the meaning given by section
90MD of the Family Law Act 1975 of the
Commonwealth;
S. 21 def. of
payment flag
inserted by
No. 37/2007
s. 8.
payment split has the meaning given by section
90MD of the Family Law Act 1975 of the
Commonwealth;
S. 21 def. of
payment split
inserted by
No. 37/2007
s. 8.
splittable contribution has the meaning given by
regulation 6.42 of the Superannuation
Industry (Supervision) Regulations 1994 of
the Commonwealth;
S. 21 def. of
splittable
contribution
inserted by
No. 37/2007
s. 8.
spouse account means a spouse's account
established and maintained by the Board for
an eligible spouse under section 21JA.
S. 21 def. of
spouse
account
inserted by
No. 95/2000
s. 9(1)(b).
21A ESSPLAN Scheme
(1) There is continued an arrangement within the
Scheme called the ESSPLAN Scheme.
89
S. 21A
inserted by
No. 82/1996
s. 11.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21B
(2) The following are to form part of the Scheme—
(a) contributions made by, or in respect of,
participating employers and members of
ESSPLAN, in accordance with this Part;
S. 21A(2)(ab)
inserted by
No. 43/2008
s. 10.
(ab) subject to any specified standards, any other
contributions made by, or in respect of, a
member or eligible spouse;
S. 21A(2)(ac)
inserted by
No. 43/2008
s. 10.
(ac) subject to any specified standards, any
amount rolled over, transferred or allotted
from within the superannuation system;
(b) any other money or assets transferred to the
Board for the purpose of forming part of
ESSPLAN;
(c) income derived from the investment of
ESSPLAN;
(d) the proceeds of the realisation of any
investment of ESSPLAN;
(e) any other money or assets which the Board
determines are to form part of ESSPLAN.
S. 21B
inserted by
No. 82/1996
s. 11.
21B Membership of ESSPLAN
(1) Subject to this section, a person becomes a
member—
(a) if the person is not an operational staff
member of a participating employer and
commences employment on or after
1 January 1994; or
S. 21B(1)(b)
amended by
No. 43/2008
s. 11(1).
(b) if the person employed by a participating
employer applies in writing to the Board to
become a member, if and when the Board
accepts the application or from such later
date as the Board may determine with the
approval of the participating employer; or
90
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21B
(c) if the person is an eligible beneficiary and
applies in writing to the Board to become a
member, if and when the Board accepts the
application; or
(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
(d) if the person is a returning member who is an
operational staff member, on the
commencement of the fixed term agreement.
S. 21B(1)(c)
inserted by
No. 43/2008
s. 11(2).
S. 21B(1)(ca)
inserted by
No. 38/2009
s. 12.
S. 21B(1)(d)
inserted by
No. 43/2008
s. 11(2).
*
*
*
*
*
S. 21B(2)(3)
repealed by
No. 43/2008
s. 11(3).
*
*
*
*
*
S. 21B(4)
substituted by
No. 84/1998
s. 10,
amended by
No. 32/2005
s. 6,
repealed by
No. 43/2008
s. 11(3).
*
*
*
*
*
*
*
*
*
*
(8) Subject to subsection (9), if a participating
employer certifies in writing to the Board that it is
meeting its entire obligations under the
Commonwealth Superannuation Guarantee
(Administration) Act 1992 in respect of a person
91
S. 21B(5)
substituted by
No. 84/1998
s. 10,
repealed by
No. 43/2008
s. 11(3).
S. 21B(6)(7)
repealed by
No. 84/1998
s. 10.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21C
through another complying superannuation fund,
then—
(a) if that person is not a member of the Scheme,
he or she is not eligible to become a member
of the Scheme in respect of employment with
that participating employer; or
(b) if that person is a member of the Scheme, no
further contributions are to be made to the
Scheme in respect of that person by that
participating employer.
(9) Subject to the approval of the Board,
subsection (8) ceases to apply to an employee if
the participating employer certifies in writing to
the Board that the participating employer has
ceased meeting its obligations in respect of that
employee under the Commonwealth
Superannuation Guarantee (Administration) Act
1992 through another complying superannuation
Fund.
(10) A person ceases to be a member on—
(a) the death of that person; or
(b) the payment, cessation or termination under
this Part of all benefits from the Scheme to
which that person could become entitled; or
S. 21B(10)(c)
substituted by
No. 37/2007
s. 9.
(c) the rollover or transfer of that person's
member's account balance within the
superannuation system—
whichever first occurs.
S. 21C
inserted by
No. 82/1996
s. 11.
21C Employer contributions
(1) Subject to sections 21B(8) and 21B(9), each
participating employer must contribute to the
Scheme in respect of each of its employees who is
a member of the Scheme so that the employer
does not have an individual guarantee shortfall in
relation to that member under the Commonwealth
92
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21D
Superannuation Guarantee (Administration) Act
1992.
(2) It is the sole responsibility of a participating
employer to ensure that the participating employer
complies with this section.
(3) A participating employer may make contributions
in respect of a member or class of members which
exceed the amount specified in subsection (1).
(4) The Board may accept in respect of a member or
class of members, contributions from a
participating employer which exceed the amount
specified in subsection (1).
(5) A participating employer must make contributions
in the manner determined by the Board.
21D Member's contributions for ESSPLAN
(1) A member may in accordance with section 20A(4)
elect in accordance with this Part to—
(a) make contributions to the Scheme; or
(b) vary the amount of contributions to the
Scheme; or
(c) cease making contributions to the Scheme.
(2) An election—
(a) must be in the form determined by the
Board; and
(b) must be accompanied by any information
required by the Board; and
(c) takes effect as from the day determined by
the Board.
(3) If a person who becomes a member in accordance
with section 21B(1)(a) is required to contribute to
a superannuation fund and his or her employer is a
participating employer who is required under a
law of the Commonwealth of Australia to
93
S. 21D
inserted by
No. 82/1996
s. 11.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21E
contribute to the Scheme in respect of the member
under section 21C(1)—
(a) the member is deemed to have elected to
make contributions to the Scheme which are
not less than the contributions required of the
member; and
(b) the contributions are made by deductions
from the salary of the member.
S. 21E
inserted by
No. 82/1996
s. 11.
21E Amount and payment of benefits under ESSPLAN
(1) Except where a benefit is payable under section
21H, a benefit payable to or in respect of a
member is an amount equal to the member's
account balance at the time the benefit is paid.
(2) The benefit is payable in accordance with any
relevant specified standards.
S. 21E(3)
amended by
No. 84/1998
s. 11(1),
substituted by
No. 43/2008
s. 12.
(3) Subject to subsection (2), the benefit is payable
unless—
(a) a member applies in a form approved by the
Board to defer payment of benefits or to pay
the benefits to an investment fund
maintained for that purpose by the Board;
and
(b) the application is approved by the Board.
S. 21E(4)
substituted by
No. 84/1998
s. 11(2),
repealed by
No. 43/2008
s. 12.
*
*
*
94
*
*
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21F
21F Disability and death cover under ESSPLAN
(1) Subject to this section and section 21G, each
member who is not an eligible beneficiary and
who does not have an entitlement to any disability
or death benefit under Part 3AA has, as from the
date of commencing to be a member, disability
and death benefits cover at a level determined
from time to time by the Board.
S. 21F
inserted by
No. 82/1996
s. 11.
S. 21F(1)
amended by
No. 43/2008
s. 13(1).
(2) The Board may determine the level of disability
and death benefits cover on any basis that the
Board considers appropriate, including any of the
following—
(a) as a fixed dollar amount for each member;
(b) as a dollar amount varying according to the
age of the member or some other determinate
factor;
(c) as the difference between a fixed dollar
amount and the member's account balance
from time to time.
(3) A member is not covered in the event of disability
or death during the period of 2 years from the
commencement of membership of the Scheme
which the Board determines on the advice of a
registered medical practitioner is a direct
consequence of a medical condition which was
pre-existing at the commencement of membership
and is a medical condition in respect of which a
contract of insurance is not available at a
reasonable cost.
(4) Unless the Board otherwise determines, a
member's disability and death benefits cover in
force under this section ceases 30 days after
section 21B(10) applies to that member.
95
S. 21F(4)
substituted by
No. 43/2008
s. 13(2).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21F
S. 21F(5)
amended by
No. 43/2008
s. 13(3).
(5) A member who is not a casual employee or parttime contributor or who does not have an
entitlement to any disability or death benefit under
Part 3AA may subject to such conditions as are
determined by the Board apply in accordance with
this section to terminate, change or reinstate his or
her disability and death benefits cover.
(6) An application for death and disability cover—
(a) must be in the form approved by the Board;
and
(b) must be accompanied by any information
required by the Board.
S. 21F(7)
amended by
No. 40/2010
s. 11.
(7) The Board may require a member or a contributor
to submit to any medical examinations that the
Board considers necessary or expedient to
determine the appropriate level and cost of
disability and death benefits cover for the member
or contributor.
(8) The Board may obtain any evaluation of any
medical examinations or other information
provided as the Board considers appropriate.
(9) The Board may—
(a) approve an application; or
(b) approve an application subject to any
variations the Board considers appropriate;
or
(c) in the case of an application to change or
reinstate the level of cover, refuse the
application on the ground that the applicant
has failed to pass a medical examination or
has not complied with any requirement made
by the Board; or
96
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21FA
(d) in the case of an application to terminate,
change or reinstate the level of cover, refuse
the application on any other ground that it
considers appropriate.
(10) If the Board approves an application (with or
without variations) the Board must determine the
day as from which disability and death benefits
cover is to be terminated, changed or reinstated.
(11) If the Board refuses an application the Board must
advise the applicant of the refusal.
*
*
*
*
*
21FA Optional additional disability and death cover
under ESSPLAN
(1) The Board may in accordance with this section
offer optional additional disability and death cover
to members whom the Board determines are
eligible.
S. 21F(12)
repealed by
No. 43/2008
s. 13(4).
S. 21FA
inserted by
No. 43/2008
s. 14.
(2) The Board may determine the level of optional
additional disability and death cover and the basis
on which and the terms and conditions 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
(b) must be accompanied by any information
required by the Board.
(4) For the purposes of this section, the Board may
require a member to submit to any medical
examination that the Board considers necessary or
expedient to determine the appropriate level and
97
S. 21FA(4)
amended by
No. 40/2010
s. 12.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21G
cost of optional additional disability and death
cover for the member.
(5) The Board may obtain any evaluation of any
medical examination or other information
provided as the Board considers appropriate.
S. 21G
inserted by
No. 82/1996
s. 11.
S. 21G(1)
amended by
Nos 43/2008
s. 15, 38/2009
s. 14.
21G Disability and death insurance under ESSPLAN
(1) The Board must if it is reasonably possible enter
into a contract of insurance in respect of the total
amount of members' disability and death benefits
cover in force under sections 21F, 21FA and 21JB
on terms and conditions acceptable to the Board.
(2) The Board must determine the proportion of the
amount of the premiums paid under subsection (1)
which is to be debited to a member's account.
(3) At any time before the payment of a benefit to or
in respect of a member under section 21H(1)(b),
the Board may reduce that member's disability and
death cover or impose terms and conditions on
that cover having regard to—
(a) any failure to obtain insurance under
subsection (1) in respect of the whole of the
member's disability and death benefits cover;
and
(b) any terms and conditions imposed by the
relevant insurer in respect of insurance
secured by the Board under subsection (1).
S. 21H
inserted by
No. 82/1996
s. 11.
21H Amount and payment of disability or death benefits
(1) Subject to subsection (2) and section 21E, in the
case of the disability or death of a member the
benefit is to be equal to—
(a) the member's account balance at the time the
benefit is paid; and
98
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21I
(b) where the member died or became disabled
while disability and death benefits cover for
him or her under section 21F or 21FA was in
force, the amount of any insurance proceeds
received by the Board under an insurance
contract entered into under section 21G, and
interest on the basis determined by the Board
in respect of the period up to the time the
benefit is paid.
S. 21H(1)(b)
amended by
No. 43/2008
s. 16(1).
(2) A disability benefit that is payable under this Part
is payable to that member.
(3) Unless subsection (4) applies, a death benefit in
respect of a member that is payable under this Part
is payable to such one or more of the member's
dependants and legal personal representatives and
in such proportions as the Board in its absolute
discretion determines.
S. 21H(3)
amended by
No. 43/2008
s. 16(2).
(4) Subject to any specified standards, if the member
has given the Board a notice in a form approved
by the Board, the Board must pay the death
benefit in respect of the member that is payable
under this Part in accordance with the notice.
S. 21H(4)
inserted by
No. 43/2008
s. 16(3).
21I Member's accounts for ESSPLAN
(1) The Board must establish and maintain within the
Scheme a separate account for each member.
(2) The Board must credit to a member's account—
(a) any employer contributions made in respect
of that member; and
(b) any contributions made by the member; and
(c) any net earnings calculated on the basis of
the net earning rate of ESSPLAN or an
investment fund; and
99
S. 21I
inserted by
No. 82/1996
s. 11.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21IA
S. 21I(2)(d)
amended by
Nos 37/2007
s. 10(1),
43/2008 s. 17.
(d) subject to any specified standards, any other
amount payable to the member's account,
including any amount rolled over, transferred
or allotted from within the superannuation
system.
(3) The Board must debit to a member's account—
(a) an amount determined by the Board in
respect of management and administration
costs incurred by the Board in the
administration of ESSPLAN; and
(b) the amount of any premiums payable by or
in respect of the member including any
amount determined under section 21G(2);
and
(c) an amount determined by the Board in
respect of any tax paid or payable by the
Board in respect of contributions to a
member's account; and
(d) any net loss calculated on the basis of the net
earning rate of the Scheme or an investment
fund; and
(e) the amount of any benefit payable to the
member or payable in respect of the member;
and
S. 21I(3)(f)
substituted by
No. 37/2007
s. 10(2).
(f) any amounts rolled over, transferred or
allotted within the superannuation system;
and
(g) any other amount payable by the member.
S. 21IA
inserted by
No. 37/2007
s. 11.
21IA Contribution splitting
(1) Subject to subsection (2), this section applies in
respect of contributions made in respect of a
member on or after 1 July 2006 if the Board—
100
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21IA
(a) determines to offer the option of contribution
splitting to members or a class of members;
and
(b) publishes a copy of the determination in the
Government Gazette.
(2) This section does not apply to an interest—
(a) in respect of which a payment flag is
operating; or
(b) that is subject to a payment split.
(3) If this section applies, a member may make an
application in a financial year to the Board to roll
over, transfer or allot from the member's account
for the benefit of the member's spouse to the
trustee of an account within the superannuation
system an amount specified in the application not
exceeding the maximum splittable amount of the
splittable contributions made by, for, or on behalf
of, the member in—
(a) the last financial year that ended before the
application; or
(b) the financial year in which the application is
made if—
(i) the member's account has not been
rolled over, transferred or allotted
within the superannuation system; and
(ii) the Board approves the making of the
application.
(4) An application under subsection (3)—
(a) must comply with regulation 6.44 of the
Superannuation Industry (Supervision)
Regulations 1994 of the Commonwealth as if
that regulation applied to the ESSPLAN
Scheme; and
101
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21J
(b) must be dealt with in accordance with
regulation 6.45 of the Superannuation
Industry (Supervision) Regulations 1994 of
the Commonwealth as if that regulation
applied to the ESSPLAN Scheme.
(5) If this section applies, the Board may accept a roll
over, transfer or allotment of a splittable
contribution for payment into a member's account,
a beneficiary account or a spouse account.
(6) Despite section 3, for the purposes of this section,
spouse has the meaning given by section 10 of the
Superannuation Industry (Supervision) Act 1993
of the Commonwealth.
S. 21J
inserted by
No. 82/1996
s. 11.
S. 21J(2)
amended by
Nos 84/1998
s. 12, 32/2005
s. 7(1).
21J Beneficiaries Accounts
(1) The Board may establish upon the request of a
beneficiary a special arrangement called a
beneficiary account.
(2) Subject to subsection (2A), the payment of part or
all of any lump sum benefit payable under section
20D, 20F, 20G, 20H, 20J, 20K or from a pension
administered under Part 4 may be transferred to
this account.
S. 21J(2A)
inserted by
No. 32/2005
s. 7(2).
(2A) If an election has been made under section
20C(2AF), the whole of the lump sum benefit is to
be transferred to the beneficiary account.
S. 21J(2B)
inserted by
No. 43/2008
s. 18(1).
(2B) Subject to any specified standards, any amount
rolled over, transferred or allotted from within the
superannuation system for the beneficiary may be
paid or transferred to a beneficiary account.
S. 21J(3)
substituted by
No. 29/2000
s. 4(1).
(3) The balance or any part of a beneficiary account
established under subsection (1) is payable—
(a) to the beneficiary on the request of the
beneficiary, in a form approved by the Board
and in accordance with section 21K(3); or
102
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21J
(b) unless subsection (3A) applies, in the case of
the death of the beneficiary, to such one or
more of the beneficiary's dependants and
legal personal representatives and in such
proportions of the whole of the balance as
the Board in its absolute discretion
determines.
(3A) Subject to any specified standards, if the
beneficiary has given the Board a notice in a form
approved by the Board, the Board must on the
death of the beneficiary pay the balance of the
beneficiary account established under subsection
(1) in accordance with the notice.
S. 21J(3)(b)
amended by
No. 43/2008
s. 18(2).
S. 21J(3A)
inserted by
No. 43/2008
s. 18(3).
(4) If any lump sum benefit is not paid within 60 days
of the date of termination of service of a
contributor, the unpaid benefit is deemed to have
been transferred to a beneficiary account on the
date of termination of service at a net earning rate
and in such fund as the Board in its discretion
considers appropriate in the circumstances at that
time.
S. 21J(4)
amended by
No. 32/2005
s. 7(3).
(5) The balance of a beneficiary account established
under subsection (4) is payable—
S. 21J(5)
substituted by
No. 29/2000
s. 4(2).
(a) to the beneficiary on the request of the
beneficiary, in a form approved by the Board
and in accordance with section 21K(3); or
(b) in the case of the death of the beneficiary, to
such one or more of the beneficiary's
dependants and legal personal
representatives and in such proportions as
the Board in its absolute discretion
determines.
103
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21JA
S. 21J(6)
inserted by
No. 29/2000
s. 4(2).
(6) The Board must debit to a beneficiary account any
superannuation contributions tax—
(a) paid or payable by the Board in respect of
contributions in respect of that beneficiary;
and
(b) specified in a notice of surcharge assessment
from the Australian Taxation Office issued
after the beneficiary ceased to be a
contributor.
S. 21J(7)
inserted by
No. 29/2000
s. 4(2).
(7) If the Australian Taxation Office issues an
adjustment to a notice of surcharge assessment
after the Board has debited an amount of
superannuation contributions tax under subsection
(6), the Board must make the adjustment to that
beneficiary account.
S. 21J(8)
inserted by
No. 29/2000
s. 4(2).
(8) The Board must within 14 days of—
(a) debiting an amount to a beneficiary account
under subsection (6); or
(b) making an adjustment to a beneficiary
account under subsection (7)—
advise the beneficiary in writing of the amount
debited or the adjustment.
S. 21J(9)
inserted by
No. 43/2008
s. 18(4).
S. 21JA
inserted by
No. 95/2000
s. 8.
S. 21JA(1A)
inserted by
No. 43/2008
s. 19(1).
(9) The Board must debit to a beneficiary account any
other amount payable by the beneficiary.
21JA Spouse Accounts
(1) The Board may establish upon the request of an
eligible spouse a special arrangement called a
spouse account.
(1A) Without limiting subsection (1), a person who—
(a) is an eligible spouse; and
104
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21JA
(b) within the period of 3 months after the death
of the member spouse applies in writing to
the Board to become a member—
may, if the Board accepts the application to
become a member, make a request under
subsection (1).
(2) The Board may accept for payment into a spouse
account any amount in respect of an eligible
spouse.
S. 21JA(2)
amended by
No. 43/2008
s. 19(2).
(3) The Board must credit to a spouse's account—
(a) any eligible spouse contribution made in
respect of that spouse; and
(b) any eligible spouse contribution made by the
spouse; and
(ba) subject to any specified standards, any other
contributions made by, or in respect of, the
eligible spouse; and
S. 21JA(3)(ba)
inserted by
No. 43/2008
s. 19(3)(a).
(c) any net earnings calculated on the basis of
section 21L; and
(d) subject to any specified standards, any other
amount payable to the spouse's account,
including any amount rolled over, transferred
or allotted from within the superannuation
system.
S. 21JA(3)(d)
amended by
Nos 37/2007
s. 12(1),
43/2008
s. 19(3)(b).
(4) The Board must debit to a spouse's account—
(a) an amount determined by the Board in
respect of management and administration
costs incurred by the Board; and
(b) any net loss calculated on the basis of
section 21L; and
(c) any amounts rolled over, transferred or
allotted within the superannuation system;
and
105
S. 21JA(4)(c)
substituted by
No. 37/2007
s. 12(2).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21JB
(d) any other amount payable by the spouse.
S. 21JA(5)
repealed by
No. 43/2008
s. 19(4).
*
*
*
*
*
(6) Section 23AA applies in respect of any payment
out of a spouse account under subsection (7) or (8)
as if the payment were a benefit under this Act.
(7) The balance of a spouse account is payable—
(a) to the spouse on the request of the spouse, in
a form approved by the Board; or
S. 21JA(7)(b)
amended by
No. 43/2008
s. 19(5).
S. 21JA(7A)
inserted by
No. 43/2008
s. 19(6).
S. 21JA(8)
amended by
No. 37/2007
s. 12(3),
substituted by
No. 43/2008
s. 19(7).
S. 21JB
inserted by
No. 38/2009
s. 13.
(b) unless subsection (7A) applies, in the case of
the death of the spouse, to such one or more
of the spouse's dependants and legal personal
representatives and in such proportions of
the whole of the balance as the Board in its
absolute discretion determines.
(7A) Subject to any specified standards, if the eligible
spouse has given the Board a notice in the form
approved by the Board, the Board must on the
death of the eligible spouse pay the balance of the
spouse account in accordance with the notice.
(8) The spouse may elect to—
(a) maintain the account in an investment fund
in accordance with section 21K; or
(b) roll over, transfer or allot the account
balance within the superannuation system.
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 account holders under
section 21JA whom the Board determines are
eligible.
106
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21K
(2) The Board may determine the level of optional
disability and death cover and the basis on which
and the terms and conditions 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
(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 considers
necessary or expedient to determine the
appropriate level and cost of optional disability
and death cover for the eligible spouse.
S. 21JB(4)
amended by
No. 40/2010
s. 13.
(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, disability
and death cover in force under this section ceases
after the eligible spouse ceases to be a member.
21K Investment funds
(1) The Board may establish special arrangements
within the Scheme to be called investment funds.
S. 21K
inserted by
No. 82/1996
s. 11.
(2) The Board may, with the consent of a beneficiary,
member or spouse, treat the whole or part of a
beneficiary's, member's or spouse's account as
forming part of an investment fund.
S. 21K(2)
amended by
No. 95/2000
s. 9(2)(a)(b).
(3) The Board may allow a beneficiary, member or
spouse to elect, at such time and on such terms as
the Board determines, to withdraw the whole or
part of a beneficiary's, member's or spouse's
account from an investment fund and to treat the
whole or part of the same as forming part of the
Scheme or a different investment fund or to pay
S. 21K(3)
amended by
No. 95/2000
s. 9(2)(a)(b).
107
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21L
the whole or part to that beneficiary, member or
spouse.
S. 21K(4)
amended by
No. 95/2000
s. 9(2)(b).
S. 21L
inserted by
No. 82/1996
s. 11.
(4) If any part of a beneficiary's, member's or spouse's
account balance is treated as forming part of an
investment fund, the adjustment to the
beneficiary's, member's or spouse's account
balance under section 21L must have regard to
that particular investment.
21L Net earning rate
S. 21L(1)
amended by
No. 95/2000
s. 9(2)(b).
(1) Subject to subsection (2), the Board must at the
end of such periods as it determines increase or
decrease the balance in a beneficiary's, member's
or spouse's account by the net earning rate of the
Scheme during the relevant period.
S. 21L(2)
amended by
No. 95/2000
s. 9(2)(b).
(2) If the whole or part of the balance of a
beneficiary's, member's or spouse's account
comprised a particular investment fund during the
relevant period the whole or part of the balance of
the beneficiary's, member's or spouse's account
must be increased or decreased by the net earning
rate of the particular investment fund during the
relevant period.
(3) For the purpose of calculating and paying benefits
under this Part, the Board may from time to time
determine an interim net earning rate having
regard to the expected net earning rate of the
Scheme or particular investment fund during the
relevant period.
108
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21M
21M Roll over or transfer of preserved benefit
S. 21M
(Heading)
inserted by
No. 37/2007
s. 13(1).
S. 21M
inserted by
No. 82/1996
s. 11.
(1) If a benefit under this Part is required by the
specified standards to be preserved and a
participating employer has certified in writing to
the Board in accordance with section 21B(8), the
member entitled to the benefit is entitled to have
the amount of preserved benefit rolled over or
transferred within the superannuation system and
may apply to the Board to do so.
S. 21M(1)
amended by
No. 37/2007
s. 13(2).
(2) Subject to section 27, the Board must roll over or
transfer that amount within the superannuation
system.
S. 21M(2)
substituted by
No. 37/2007
s. 13(3).
21N Transfer to or from new scheme
S. 21N
inserted by
No. 82/1996
s. 11.
(1) The Board may, with the consent of a member or
beneficiary, transfer the member or beneficiary
within the superannuation system.
S. 21N(1)
amended by
No. 37/2007
s. 14(1).
(2) The Board must determine the assets that are to be
rolled over or transferred from the new scheme
and the terms and conditions that are to apply to
the transfer as a result of a transfer of a member or
beneficiary under subsection (1).
S. 21N(2)
amended by
No. 37/2007
s. 14(2).
(3) The Board may accept on such terms and
conditions as the Board determines the transfer to
the new scheme of a member or other beneficiary
from within the superannuation system.
S. 21N(3)
amended by
No. 37/2007
s. 14(3).
109
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 3A—ESSPLAN Scheme
s. 21O
S. 21O
(Heading)
inserted by
No. 37/2007
s. 15(1).
21O Roll over or transfer of benefits to other fund
S. 21O
inserted by
No. 82/1996
s. 11.
S. 21O(1)
amended by
No. 37/2007
s. 15(3).
S. 21O(1)(b)
amended by
No. 37/2007
s. 15(2).
(1) If a member or beneficiary—
(a) is entitled to a benefit or part of a benefit
under this Part which is not required by the
specified standards to be preserved; and
(b) is a member, or has applied to become a
member, within the superannuation system—
the member or beneficiary is entitled to have the
amount of that benefit or that part of that benefit
rolled over or transferred within the
superannuation system and may apply to the
Board to do so.
S. 21O(2)
substituted by
No. 37/2007
s. 15(4).
(2) Subject to section 27, the Board must roll over or
transfer that amount within the superannuation
system.
__________________
110
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4—Transfer from other Superannuation Funds
s. 22
PART 4—TRANSFER FROM OTHER SUPERANNUATION
FUNDS
*
*
*
*
*
22 Pensions for former contributors to other funds
(1) The Board together with—
(a) the Victorian Superannuation Board; or
S. 21
repealed by
No. 82/1996
s. 20(10).
S. 22
substituted by
No. 64/1991
s. 7.
S. 22(1)
amended by
No. 120/1994
s. 5(a).
S. 22(1)(a)
amended by
No. 120/1994
s. 5(a).
(b) the Hospitals Superannuation Board—
may make any arrangements which are necessary
for the payment of pensions in respect of persons
who are former contributors to the superannuation
funds administered by the Victorian
Superannuation Board or the Hospitals
Superannuation Board.
(2) The Board must ensure that contributors under the
Metropolitan Fire Brigades Superannuation Board
Scheme who cease or have ceased to be employed
and the surviving partners, children and other
dependants or legal personal representatives of
contributors and former contributors under the
Metropolitan Fire Brigades Superannuation Board
Scheme who die or have died receive the same
benefits and have the same rights under this Act as
they had under the Metropolitan Fire Brigades
Superannuation Act 1976.
111
S. 22(2)
amended by
No. 27/2001
s. 5(Sch. 3
item 2.5).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4—Transfer from other Superannuation Funds
s. 22A
S. 22A
inserted by
No. 120/1994
s. 4.
S. 22A(1)
amended by
No. 4/1996
s. 8.
22A Transfer of assets and liabilities of Police Pensions
Fund and Police Superannuation Fund
(1) The assets and liabilities of the Police Pensions
Fund and the assets and liabilities of the Police
Superannuation Fund under the Police Regulation
Act 1958 are by virtue of this section transferred
to the Scheme and form part of the Scheme.
(2) No stamp duty or other tax is chargeable under
any Act in respect of anything done under this
section.
(3) The transfer effected by this section does not
affect the benefits and rights conferred on any
person by or under Part III of the Police
Regulation Act 1958.
S. 22B
inserted by
No. 4/1996
s. 9.
22B Transfer of assets in respect of VEISF beneficiaries
(1) In this section and section 22C—
transfer date means 17 June 1996 or such earlier
date as is specified in the agreement;
transferred beneficiary means a beneficiary in the
Victorian Electricity Industry
Superannuation Fund who—
(a) first became entitled under Division B
of the rules of the Victorian Electricity
Industry Superannuation Fund to a
pension on or before 30 June 1995 or
who becomes entitled after 30 June
1995 due to the death of the first
beneficiary after that date; or
(b) elected to take a deferred accrued
retirement benefit under the
Superannuation (Portability) Act
1989 on or before 30 June 1995;
112
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4—Transfer from other Superannuation Funds
s. 22B
VEI Super Pty Ltd is the same body and has the
same meaning as SECV Superannuation Pty
Ltd in section 84 of the Electricity Industry
(Residual Provisions) Act 1993;
Victorian Electricity Industry Superannuation
Fund has the same meaning as in section 84
of the Electricity Industry (Residual
Provisions) Act 1993.
(2) With the approval of the Minister, VEI Super Pty
Ltd must enter into an agreement with the Board
which specifies—
(a) the liability of the Victorian Electricity
Industry Superannuation Fund up to the
transfer date in respect of the entitlements of
transferred beneficiaries as determined by an
actuary appointed by VEI Super Pty Ltd; and
(b) the value of assets of the Victorian
Electricity Industry Superannuation Fund
equal to the liability of the Victorian
Electricity Industry Superannuation Fund
under paragraph (a) that are to be transferred
to the Scheme; and
(c) the terms and conditions which apply to the
transfer of these assets to the scheme.
(3) If agreement cannot be reached before 1 June
1996, the Minister may determine the matters
specified in subsection (2) or which are in dispute
and VEI Super Pty Ltd and the Board are deemed
by virtue of this subsection to have entered into an
agreement containing the matters determined by
the Minister.
113
S. 22B(1)
def. of
VEI Super
Pty Ltd
amended by
No. 69/2000
s. 50(a).
S. 22B(1)
def. of
Victorian
Electricity
Industry
Superannuation Fund
amended by
No. 69/2000
s. 50(b).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4—Transfer from other Superannuation Funds
s. 22C
(4) VEI Super Pty Ltd must transfer the assets
specified in the agreement to the Scheme.
(5) As soon as the assets specified in the agreement
have been transferred, the assets form part of the
Scheme.
(6) No stamp duty or other tax is chargeable under
any Act in respect of anything done under this
section.
(7) VEI Super Pty Ltd is released from any liability in
respect of the entitlements of transferred
beneficiaries as soon as the assets specified in the
agreement have been transferred.
S. 22C
inserted by
No. 4/1996
s. 9.
22C Provisions relating to transferred beneficiaries
(1) Despite the transfer of a beneficiary under
section 22B to the Scheme—
(a) the transferred beneficiary is entitled to
receive the same benefits that he or she
would have been entitled to receive had he or
she not been so transferred; and
(b) the transferred beneficiary is entitled to have
his or her rights and obligations determined
in accordance with the provisions of the
governing instrument of the Victorian
Electricity Industry Superannuation Fund as
in force immediately before the transfer date.
(2) For the purposes of subsection (1) the Board has
in respect of the transferred beneficiary the duties
and powers conferred on VEI Super Pty Ltd by or
under the provisions of the governing instrument
of the Victorian Electricity Industry
Superannuation Fund as in force immediately
before the transfer date.
(3) Without derogating from subsections (1) and (2),
sections 23 and 24 apply to and in respect of a
transferred beneficiary.
114
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4—Transfer from other Superannuation Funds
s. 22D
22D Commutation of pension not exceeding declared
rate
(1) This section applies to a person who is entitled to
a pension administered by the Board under this
Act at a rate per year which does not exceed the
declared rate.
(2) Notwithstanding anything to the contrary in this
Act, the Board may at its discretion determine that
instead of a pension the person may elect to
receive a lump sum payment as determined by the
Board on the advice of an actuary.
(3) If a person elects to accept a lump sum payment
under subsection (2), the Board is released from
any liability to make any further payments to, or
in respect of, any entitlements of that person or
any of his or her dependants and this Act ceases to
apply to that person.
(4) In this section, declared rate means—
(a) $520 per year; or
(b) such higher rate per year as may be declared
from time to time by the Minister by Order
published in the Government Gazette.
__________________
115
S. 22D
inserted by
No. 84/1998
s. 13.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4AA—Transfer of the State Superannuation Fund and Transfer of
Administration of the MTA Superannuation Fund and Related Matters
s. 22DA
PART 4AA—TRANSFER OF THE STATE
SUPERANNUATION FUND AND TRANSFER OF
ADMINISTRATION OF THE MTA SUPERANNUATION
FUND AND RELATED MATTERS
Pt 4AA
(Heading and
ss 22DA–
22DE)
inserted by
No. 94/2005
s. 20.
S. 22DA
inserted by
No. 94/2005
s. 20.
22DA Definitions
In this Part—
commencement day means the day on which the
Superannuation Legislation (Governance
Reform) Act 2005 comes into operation;
Office means the Government Superannuation
Office established under the Government
Superannuation Act 1999.
S. 22DB
inserted by
No. 94/2005
s. 20.
22DB Transfer of assets and liabilities of the State
Superannuation Fund
(1) On the commencement day, the assets and
liabilities of the State Superannuation Fund are by
virtue of this section transferred to the Scheme
and form part of the Scheme.
(2) On and after the commencement day—
(a) the contributions of employing authorities
and the payments and repayments by
employing authorities and any other money
received or recovered by the Board under the
State Superannuation Act 1988 are to be
paid into the Scheme;
(b) the contributions of employees and the
payments and repayments by employers and
any other money received or recovered by
the Board under the State Employees
Retirement Benefits Act 1979 are to be paid
into the Scheme;
'
116
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4AA—Transfer of the State Superannuation Fund and Transfer of
Administration of the MTA Superannuation Fund and Related Matters
s. 22DC
(c) the contributions of members and the
payments and repayments by a transport
authority and any other money received or
recovered by the Board under the Transport
Superannuation Act 1988 are to be paid
into the Scheme;
(d) the benefits provided for in the State
Superannuation Act 1988 and all the costs
of administering that Act are to be paid out
of the Scheme;
(e) the benefits provided for in the State
Employees Retirement Benefits Act 1979
and all the costs of administering that Act are
to be paid out of the Scheme;
(f) the benefits provided for in the Transport
Superannuation Act 1988 and all the costs
of administering that Act are to be paid out
of the Scheme.
(3) The transfer effected by this section does not
affect the benefits and entitlements conferred or
the duties and obligations imposed under the State
Superannuation Act 1988, the State Employees
Retirement Benefits Act 1979 or the Transport
Superannuation Act 1988.
22DC Board is successor in law
(1) On the commencement day—
(a) the administration of the MTA
Superannuation Fund is transferred to the
Board;
(b) all property, rights and assets of the MTA
Superannuation Fund are by virtue of this
Act held by the Board;
(c) all liabilities of the MTA Superannuation
Fund are by virtue of this Act held by the
Board;
117
S. 22DC
inserted by
No. 94/2005
s. 20.
s. 22DC
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4AA—Transfer of the State Superannuation Fund and Transfer of
Administration of the MTA Superannuation Fund and Related Matters
(d) all property, rights and assets of the Office
are by virtue of this Act held by the Board;
(e) all liabilities of the Office are by virtue of
this Act held by the Board;
(f) the Board is the successor in law of the
Office;
(g) the Office ceases to exist and the Directors
of the Board of the Office go out of office.
(2) If, immediately before the commencement day,
proceedings in respect of the State Superannuation
Fund or the MTA Superannuation Fund to which
the Office was a party were pending or existing in
any court or tribunal, then, on and after that
commencement, the Board is substituted for the
Office as a party to the proceedings and has the
same rights and obligations in the proceedings as
the Office.
(3) If, immediately before the commencement day,
proceedings in respect of which the Office was a
party were pending or existing in any court or
tribunal, then, on and after that commencement,
the Board is substituted for the Office as a party to
the proceedings and has the same rights and
obligations in the proceedings as the Office.
(4) On and after the commencement day, any
reference in any Act (other than this Act),
regulation, subordinate instrument or other
document whatsoever to the Victorian
Superannuation Board or the Office is to be
construed as a reference to the Board, unless the
contrary intention appears.
118
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4AA—Transfer of the State Superannuation Fund and Transfer of
Administration of the MTA Superannuation Fund and Related Matters
22DD Exemption from stamp duty or other tax
No stamp duty or other tax is payable under any
Act in respect of anything done under this Part.
22DE Transitional provision—Registrar of Titles
The Registrar of Titles, on being requested to do
so and on delivery of any relevant certificate of
title or instrument, must make any amendments in
the Register that are necessary because of the
operation of this Part.
__________________
119
s. 22DD
S. 22DD
inserted by
No. 94/2005
s. 20.
S. 22DE
inserted by
No. 94/2005
s. 20.
s. 22DF
Pt 4AB
(Heading and
ss 22DF–
22DM)
inserted by
No. 94/2005
s. 20.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4AB—Transfer of Administration of Declared Public Sector
Superannuation Schemes
PART 4AB—TRANSFER OF ADMINISTRATION OF
DECLARED PUBLIC SECTOR SUPERANNUATION
SCHEMES
S. 22DF
inserted by
No. 94/2005
s. 20.
22DF Application of this Part
S. 22DG
inserted by
No. 94/2005
s. 20.
22DG Declaration of administered schemes
This Part applies to a public sector superannuation
scheme which the Minister by instrument in
writing specifies to be a public sector
superannuation scheme to which this Part applies.
The Governor in Council may by Order in
Council declare that—
(a) a public sector superannuation scheme
specified under section 22DF is an
administered scheme; and
(b) the administration of that public sector
superannuation scheme is as from the
appointed day specified in the Order in
Council transferred to the Board.
S. 22DH
inserted by
No. 94/2005
s. 20.
22DH Board is successor in law
(1) On the appointed day—
(a) the administration of the administered
scheme is transferred to the Board;
(b) all property, rights and assets of the
administered scheme are by virtue of this Act
held by the Board;
(c) all liabilities of the administered scheme are
by virtue of this Act held by the Board;
(d) the Board is the successor in law of the
governing body in respect of the
administered scheme.
120
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4AB—Transfer of Administration of Declared Public Sector
Superannuation Schemes
s. 22DI
(2) Without derogating from subsection (1), the Board
shall in respect of the administered scheme have,
exercise and discharge the responsibilities,
liabilities, rights, powers, authorities, duties and
functions conferred or imposed upon the
governing body by or under the governing
instrument.
(3) If immediately before the appointed day
proceedings in respect of the administered scheme
to which the governing body of the administered
scheme was a party were pending or existing in
any court or tribunal, then, on and after the
appointed day, the Board is substituted for the
governing body as a party to the proceedings and
has the same rights and obligations in the
proceedings as the governing body.
(4) On and after the appointed day, any reference in
the governing instrument or in any Act,
regulation, subordinate instrument or other
document whatsoever to the governing body in
respect of the administered scheme is to be
construed as a reference to the Board, unless the
contrary intention appears.
(5) On the appointed day the governing body of the
administered scheme ceases to exist by virtue of
this Act.
22DI Conflict between duties, functions and powers
If there is a conflict between a duty, function or
power conferred on the Board by this Act and a
duty, function or power conferred on the Board in
respect of an administered scheme by the
governing instrument of that administered
scheme, the Board must perform or exercise the
duty, function or power conferred by this Act and
in doing so is deemed to have complied with the
governing instrument.
121
S. 22DI
inserted by
No. 94/2005
s. 20.
s. 22DJ
S. 22DJ
inserted by
No. 94/2005
s. 20.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4AB—Transfer of Administration of Declared Public Sector
Superannuation Schemes
22DJ Matters which may be included in Order in Council
(1) The Governor in Council may by Order in
Council provide for any matter necessary or
convenient to give effect to this Part or to any
other Order in Council under this Part and to
enable the effective implementation of the transfer
of administration of an administered scheme to the
Board and the administration of the administered
scheme by the Board.
(2) Without limiting the generality of subsection (1),
the Order in Council may provide for—
(a) any property, income, assets, rights,
liabilities, expenses or other matters to be
apportioned, settled, transferred, adjusted or
determined;
(b) the resolution of any dispute relating to any
apportionment, settlement, transfer,
adjustment or determination;
(c) any party to a dispute to bear the costs of
resolving the dispute;
(d) transitional provisions in relation to any act,
matter or thing done or required to be done
by or in relation to any administered scheme.
S. 22DK
inserted by
No. 94/2005
s. 20.
22DK General provisions relating to Orders in Council
(1) An Order in Council made under this Part—
(a) must specify a day or days upon which the
Order in Council comes into operation;
(b) upon being published in the Government
Gazette has the like force and effect as if it
were expressly enacted in this Act;
(c) may be amended or revoked by another
Order in Council;
122
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4AB—Transfer of Administration of Declared Public Sector
Superannuation Schemes
s. 22DL
(d) has full force and effect despite any noncompliance with any of the matters required
by this Act as preliminary to the making of
the Order in Council.
(2) An Order in Council made under this Part may—
(a) apply generally or be limited in its
application by reference to specified matters
or things;
(b) apply differently according to different
factors or subject to specified exceptions;
(c) leave any matter or thing to be from time to
time determined, applied, dispensed with or
regulated by a person or body specified in
the Order in Council;
(d) confer powers or impose duties in
connection with the Order in Council on a
person or body specified in the Order in
Council;
(e) apply, adopt or incorporate, with or without
modification, the provisions of any Act or of
any regulations made under any Act;
(f) contain provisions of a savings and
transitional nature consequent on the making
of the Order in Council, including providing
for the construction of references in any
instrument or in any other document of any
kind.
22DL Exemption from stamp duty or other tax
No stamp duty or other tax is payable under any
Act in respect of anything done under this Part.
123
S. 22DL
inserted by
No. 94/2005
s. 20.
s. 22DM
S. 22DM
inserted by
No. 94/2005
s. 20.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4AB—Transfer of Administration of Declared Public Sector
Superannuation Schemes
22DM Transitional provision—Registrar of Titles
The Registrar of Titles, on being requested to do
so and on delivery of any relevant certificate of
title or instrument, must make any amendments in
the Register that are necessary because of the
operation of this Part.
__________________
124
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4A—Family Law Provisions
s. 22E
PART 4A—FAMILY LAW PROVISIONS
Pt 4A
(Heading and
ss 22E–22I)
inserted by
No. 70/2003
s. 5.
S. 22E
inserted by
No. 70/2003
s. 5.
22E Definitions
(1) In this Part—
approved deposit fund has the meaning given by
section 10(1) of the Commonwealth
Superannuation Industry (Supervision) Act
1993;
eligible rollover fund means a fund within the
meaning of section 242 of the
Commonwealth Superannuation Industry
(Supervision) Act 1993;
eligible superannuation plan means—
(a) a regulated superannuation fund; or
(b) an approved deposit fund; or
(c) an exempt public sector superannuation
scheme; or
(d) an RSA;
exempt public sector superannuation scheme
means a public sector superannuation
scheme within the meaning of section 10(1)
of the Commonwealth Superannuation
Industry (Supervision) Act 1993;
flag lifting agreement has the meaning given by
section 90MN of the Commonwealth Family
Law Act 1975;
flagging order means an order mentioned in
section 90MU(1) of the Commonwealth
Family Law Act 1975;
125
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4A—Family Law Provisions
s. 22E
interest has the meaning given by section 90MD
of the Commonwealth Family Law Act
1975;
member spouse, in relation to a superannuation
interest, means the spouse who has the
superannuation interest;
non-member spouse, in relation to a
superannuation interest, means the spouse
who is not the member spouse in relation to
that interest;
payment flag has the meaning given by section
90MD of the Commonwealth Family Law
Act 1975;
regulated superannuation fund means a
superannuation fund which complies with
section 19 of the Commonwealth
Superannuation Industry (Supervision) Act
1993;
relevant condition of release means, a condition
of release mentioned in item 101, 102, 103
or 106 of Schedule 1 to the Commonwealth
Superannuation Industry (Supervision)
Regulations 1994;
reversionary interest has the meaning given by
section 90MF of the Commonwealth Family
Law Act 1975;
RSA means a retirement savings account within
the meaning of the Commonwealth
Retirement Savings Accounts Act 1997;
specified period means the period which is
specified to be the specified period in the
specified standards;
splitting order means an order mentioned in
section 90MT of the Commonwealth Family
Law Act 1975;
126
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4A—Family Law Provisions
s. 22E
spouse has the meaning given by section 90MD of
the Commonwealth Family Law Act 1975;
superannuation agreement has the meaning
given by section 90MD of the
Commonwealth Family Law Act 1975;
superannuation fund has the same meaning as in
the Commonwealth Superannuation Industry
(Supervision) Act 1993;
superannuation interest means an interest that a
person has as a member of an eligible
superannuation plan, but does not include a
reversionary interest;
unsplittable interest has the meaning given by
section 90MD of the Commonwealth Family
Law Act 1975;
value at a particular time of the non-member
spouse's entitlement in respect of the
superannuation interest means the value as
determined in accordance with regulation
14G(8) of the Commonwealth Family Law
(Superannuation) Regulations 2001;
value of the member spouse's interest in the
Scheme means the value as determined in
accordance with Part 5 of the
Commonwealth Family Law
(Superannuation) Regulations 2001.
(2) A reference to the transfer of an amount is to be
construed as including a reference to the rollover
of an amount.
127
S. 22E(1)
def. of
spouse
inserted by
No. 38/2009
s. 15(a).
S. 22E(1)
def. of
superannuation
agreement
amended by
No. 38/2009
s. 15(b).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4A—Family Law Provisions
s. 22EA
S. 22EA
inserted by
No. 40/2004
s. 17.
S. 22F
inserted by
No. 70/2003
s. 5.
S. 22F(1)
amended by
No. 38/2009
s. 16(1).
22EA Accrued benefit multiple
For the purpose of regulation 65 of the
Commonwealth Family Law (Superannuation)
Regulations 2001, the Board on the advice of an
actuary appointed by the Board may from time to
time determine the accrued benefit multiple.
22F Obligation on Board
(1) Subject to subsections (5) and (6), the Board must
comply with this section if—
(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—
is served on the Board under Part VIIIB or
VIIIAB of the Commonwealth Family Law Act
1975.
(2) 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
(c) a splitting order—
which was served on the Board under Part VIIIB
of the Commonwealth Family Law Act 1975
before the commencement of section 5 of the
Superannuation Acts (Family Law) Act 2003 if
the non-member spouse's entitlements in respect
of the superannuation interest have not been
satisfied as at that commencement.
128
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4A—Family Law Provisions
s. 22F
(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
(c) a splitting order—
which was served on the Board under Part VIIIAB
of the Commonwealth Family Law Act 1975
before the commencement of section 16 of the
Superannuation 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.
(3) If the non-member spouse has not satisfied a
relevant condition of release and the member
spouse is not receiving a pension under this Act,
the Board must if the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the particular time does
not exceed the value of the member spouse's
interest in the Scheme—
(a) transfer a lump sum amount equal to the
value of the non-member spouse's
entitlement in respect of the superannuation
interest at the time of the payment to an
eligible superannuation plan nominated in
writing by the non-member spouse within
the specified period; or
(b) if the non-member spouse fails to nominate
in writing an eligible superannuation plan
within the specified period, transfer a lump
sum amount equal to the value of the nonmember spouse's entitlement in respect of
the superannuation interest at the time of the
payment to an eligible rollover fund selected
by the Board.
129
S. 22F(2A)
inserted by
No. 38/2009
s. 16(2).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4A—Family Law Provisions
s. 22F
(4) If the non-member spouse has satisfied a relevant
condition of release or the member spouse is
receiving a pension under this Act, the Board must
if the value of the non-member spouse's
entitlement in respect of the superannuation
interest at the particular time does not exceed the
value of the member spouse's interest in the
Scheme—
(a) if so requested in writing by the non-member
spouse within the specified period, pay the
non-member spouse a lump sum amount
equal to the value of the non-member
spouse's entitlement in respect of the
superannuation interest at the time of the
payment; or
(b) if so requested in writing by the non-member
spouse within the specified period, transfer a
lump sum amount equal to the value of the
non-member spouse's entitlement in respect
of the superannuation interest at the time of
the payment to an eligible superannuation
plan nominated in writing by the nonmember spouse; or
(c) if no request is received from the nonmember spouse within the specified period,
transfer a lump sum amount equal to the
value of the non-member spouse's
entitlement in respect of the superannuation
interest at the time of the payment to an
eligible rollover fund selected by the Board.
(5) Subsections (3) and (4) do not apply if—
(a) the member spouse's superannuation interest
is an unsplittable interest; or
(b) a payment flag is operating in respect of the
member spouse's superannuation interest; or
130
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4A—Family Law Provisions
s. 22G
(c) the non-member spouse has served a waiver
notice on the Board under section 90MZA of
the Commonwealth Family Law Act 1975 in
respect of the member spouse's
superannuation interest; or
(d) the member spouse's superannuation interest
is a payment that is not a splittable payment
under Part 2 of the Commonwealth Family
Law (Superannuation) Regulations 2001.
(6) If the member spouse's superannuation interest is
a pension under this Act due to a disability which
is a splittable payment, the Board may determine
that subsections (3) and (4) do not apply.
(7) If the non-member spouse serves a waiver notice
on the Board under section 90MZA of the
Commonwealth Family Law Act 1975 in respect
of the member spouse's superannuation interest,
the Board may make a payment to the nonmember spouse not exceeding the value at a
particular time of the non-member spouse's
entitlement in respect of the superannuation
interest less any payments previously made by the
Board to the non-member spouse in accordance
with this section.
22G Reduction of benefit or accrued benefit entitlement
Despite anything to the contrary in this Act, if
under section 22F an amount is paid by the Board
to a non-member spouse or transferred by the
Board on behalf of a non-member spouse, the
accrued benefit of a member spouse must be
reduced by the Board in accordance with a
methodology approved by the Minister, on the
advice of an actuary appointed by the Board.
131
S. 22G
inserted by
No. 70/2003
s. 5.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4A—Family Law Provisions
s. 22H
S. 22H
inserted by
No. 70/2003
s. 5.
S. 22I
inserted by
No. 70/2003
s. 5.
22H Board may provide additional information
On the application of an eligible person within the
meaning of section 90MZB(8) of the
Commonwealth Family Law Act 1975, the Board
may provide information additional to the
information required to be provided under section
90MZB of that Act if the Board considers that the
additional information is necessary to understand
the Scheme or the member spouse's benefit
entitlements.
22I Charging of fees
(1) The Board may charge reasonable fees in respect
of—
(a) a payment split;
(b) a payment flag;
(c) flag lifting under a flag lifting agreement that
does not provide for a payment split;
(d) an order under section 90MM of the
Commonwealth Family Law Act 1975
terminating the operation of a payment flag;
(e) an application under section 90MZB of the
Commonwealth Family Law Act 1975 for
information about a superannuation interest;
(f) any other thing done by the Board in relation
to a superannuation interest covered by a
superannuation agreement, flag lifting
agreement or splitting order;
(g) the provision of information under
section 22H.
(2) Fees charged under subsection (1) must not
exceed the maximum levels of fees fixed by the
Minister for the purposes of this section by notice
published in the Government Gazette.
132
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 4A—Family Law Provisions
s. 22I
(3) If the Board charges a fee under subsection (1),
the fee is payable—
(a) unless paragraph (b) applies, in the case of
subsection (1)(a), (1)(b), (1)(c), (1)(d)
or (1)(f), by the member spouse and the
non-member spouse in equal parts; or
(b) if the fee is in respect of a payment split
under which the non-member spouse is
entitled to be paid the whole of the amount
of each splittable payment that becomes
payable, by the non-member spouse; or
(c) in the case of subsection (1)(e) or (1)(g), by
the person who made the application.
__________________
133
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 5—Review of Decisions of Board
s. 23
PART 5—REVIEW OF DECISIONS OF BOARD
23 Person may request Board to reconsider decision
(1) A person who is affected by a decision of the
Board which relates to the entitlement of any
person to any benefit may, by written notice given
to the Board within 30 days after the decision
comes to the notice of the person, request the
Board to reconsider the decision.
(2) The Board may, on receipt of a written
application, extend or further extend, the time for
the giving of notice to the Board requesting the
Board to reconsider a decision.
(3) The request must set out the grounds on which the
request is made.
(4) On receipt of the request, the Board must
reconsider the decision, and may confirm or vary
the decision in any way the Board thinks fit.
(5) The Board must, within 30 days after receipt of
the request, by written notice inform the person
who made the request of the result of the Board's
reconsideration of the decision.
S. 23(6)
amended by
No. 52/1998
s. 311(Sch. 1
item 25.1),
substituted by
No. 29/2000
s. 5.
(6) A person whose interests are affected by a
decision of the Board may apply to the Victorian
Civil and Administrative Tribunal for review of
the decision.
S. 23(7)
inserted by
No. 29/2000
s. 5.
(7) An application for review must be made within
28 days after the later of—
(a) the day on which the decision is made; or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
134
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 5—Review of Decisions of Board
s. 23
informed under section 46(5) of that Act that
a statement of reasons will not be given.
__________________
135
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 23AA
PART 6—GENERAL
S. 23AA
inserted by
No. 13/1999
s. 3.
S. 23A
inserted by
No. 82/1996
s. 12.
23AA Payment of benefits subject to specified standards
Notwithstanding anything to the contrary in this
Act, the payment of any benefit under this Act is
subject to any relevant specified standards.
23A Application for disability benefit
(1) An application for a disability benefit must be
made to the Board by or on behalf of a member,
former member, contributor or police recruit, in a
form approved by the Board.
(2) The applicant may provide medical evidence to
the Board in support of the application.
(3) The Board is to determine the issue of disability in
accordance with section 24.
24 Medical issues
S. 24(1)
amended by
No. 4/1996
s. 10(1)(a).
(1) If an issue arises—
(a) about whether a contributor or former
contributor is disabled; or
(b) about the extent of any disability from which
a contributor or former contributor is
suffering; or
(c) about whether any disability is due to the
fault of a contributor or former contributor—
the issue must be decided by the Board after
receiving reports from at least 2 registered
medical practitioners appointed by the Board as
medical officers for the purposes of this Act.
136
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 25
(2) After the Board receives the reports from the
medical officers and before a decision on the issue
which is adverse to a contributor or former
contributor is made, that person has a right to
obtain a second report from a person registered
under the Health Practitioner Regulation National
Law to practise in the medical profession (other
than as a student) who is agreed upon by the
contributor or former contributor, and the Board.
(3) This section extends and applies to—
(a) a member or former member of the
ESSPLAN Scheme;
S. 24(2)
amended by
Nos 23/1994
s. 118(Sch. 1
item 18.1),
4/1996
s. 10(1)(b),
97/2005
s. 182(Sch. 4
item 18),
13/2010
s. 51(Sch.
item 21).
S. 24(3)
inserted by
No. 4/1996
s. 10(2).
(b) a transferred beneficiary within the meaning
of section 22B.
25 Disclosure of contents of medical reports
(1) Within 28 days of the receipt of a medical report
under this Act, the Board must provide access to
the contents of the medical report to the person to
whom it relates in a way described in section
28(1) of the Health Records Act 2001.
S. 25
repealed by
No. 110/1993
s. 144,
new s. 25
inserted by
No. 40/2010
s. 14.
(2) Despite subsection (1), the Board is not required
to disclose the contents of a medical report if the
disclosure of that information is prohibited under
section 26 or 27 of the Health Records Act 2001.
25A Taxation on benefits
(1) In this section—
actuary means a person who is—
(a) a fellow or an accredited member of the
Institute of Actuaries of Australia; and
(b) approved by the Minister; and
(c) appointed by the Board as the actuary
for the purpose of this section;
137
S. 25A
inserted by
No. 110/1993
s. 145.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 25A
affected member means in relation to a benefit
reduction under subsection (2) or (3) a
person who is a member of the Fund
immediately before the date from which that
reduction commences to apply;
after-tax benefit means the amount of benefit
after allowing for income tax calculated at
the rates and in the manner as at the date of
commencement of section 145 of the Public
Sector Superannuation (Administration)
Act 1993 applicable to a person aged
55 years or more;
detriment means receiving a lesser amount of
after-tax benefit than would have been
received if the benefit—
(a) had not been reduced in accordance
with subsections (2) and (3); and
(b) had been an untaxed benefit;
S. 25A(1)
def. of
post-June
1983
component
amended by
No. 120/1994
s. 5(b).
post-June 1983 component has the same meaning
as in section 27A of the tax law;
rebatable 27H amount has the same meaning as
in section 159SJ of the tax law;
tax law means the Commonwealth Income Tax
Assessment Act 1936;
taxed element has the same meaning as in
section 27A of the tax law;
taxed in respect of a benefit means a benefit in
relation to which there is a taxed element or
a rebatable 27H amount as the case may be;
138
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 25A
untaxed in respect of a benefit means a benefit in
relation to which there is no taxed element or
rebatable 27H amount as the case may be.
(2) If before the commencement of section 145 of the
Public Sector Superannuation (Administration)
Act 1993 the Board determined that any part of
the post-June 1983 component of a benefit paid or
payable to a member of the Fund was to be
classified for the purposes of the tax law as taxed,
then the benefits accruing in respect of members
of the Fund in relation to the period after 1 July
1993 (and any relevant maximum benefit) must be
reduced on the basis determined by an actuary and
approved by the Minister.
(3) If at any time after the commencement of
section 145 of the Public Sector Superannuation
(Administration) Act 1993 the Board determines
that any part of the post-June 1983 component of
a benefit paid or payable to a member of the Fund
is to be classified for the purposes of the tax law
as taxed, then the benefits (including any relevant
maximum benefit) must be reduced on the basis
determined by an actuary and approved by the
Minister.
(4) In addition to any other form of determination by
the Board, the Board shall be deemed to have
made a determination under subsection (2) or (3)
if it fails to issue a relevant notice to a benefit
recipient under the tax law classifying all of the
post-June 1983 component of a benefit payable to
a member of the Fund as untaxed.
(5) In determining the basis of the reduction required
under subsection (2) or (3), the actuary must aim
to ensure as far as practicable that—
(a) the cost of the Fund to employers
participating in the Fund is not greater than
what would have been the employer cost if
139
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 25A
the income of the Fund was from 1 July
1988 not subject to tax; and
(b) no unreasonable detriment is caused to an
affected member of the Fund.
S. 25A(6)
amended by
No. 32/2005
s. 8(a).
(6) If, having received an application from an affected
member in accordance with subsection (7), the
Board is satisfied that a reduction in benefits has
resulted in any detriment to the member in respect
of a benefit which has become payable to the
member, the Board may take such steps, including
without limitation increasing the benefit, as the
Board considers necessary to avoid or compensate
for that detriment.
(7) An affected member may within 3 months of a
benefit becoming payable from the Fund (or any
longer period approved by the Board if the Board
considers that there are special circumstances)
apply to the Board for a review of the amount of
the benefit.
(8) The application must be in a form and contain and
be accompanied by information prescribed by the
Board.
S. 25A(9)
amended by
No. 32/2005
s. 8(b).
S. 25A(10)
amended by
No. 32/2005
s. 8(c).
(9) The Board must not consider an application for
review under this subsection on any ground other
than detriment.
(10) In determining whether any detriment exists and
the extent of that detriment—
(a) the Board must act on the advice of the
actuary, given either generally or in any
specific case; and
(b) the actuary must have regard to the following
factors—
(i) the receipt by a member of a post-June
1983 component of the benefit
classified for the purposes of the tax
140
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 25AA
law as a taxed element rather than as an
untaxed element; and
(ii) the rates of tax and the basis for its
assessment under the tax law as at the
date of commencement of this Act in
respect of a benefit that becomes
payable to a person aged 55 years or
more; and
(iii) any other matters the actuary considers
relevant.
25AA No detriment provision
(1) In this section—
actuary means a person who is—
(a) a fellow or an accredited member of the
Institute of Actuaries of Australia; and
(b) approved by the Minister; and
(c) appointed by the Board as the actuary
for the purpose of this section;
affected member means a person who becomes a
contributor on or after 1 July 2005 and
becomes entitled to a benefit part of which is
subject to a determination made under
section 25A(3);
after-tax benefit has the same meaning as it has in
section 25A;
detriment means receiving a lesser amount of
after-tax benefit than would have been
received if the benefit had not been subject
to a determination made under
section 25A(3);
post-June 1983 component has the same meaning
as it has in section 25A;
141
S. 25AA
inserted by
No. 32/2005
s. 9.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 25AA
rebatable 27H amount has the same meaning as it
has in section 25A;
tax law has the same meaning as it has in
section 25A;
taxed element has the same meaning as it has in
section 25A;
taxed has the same meaning as it has in
section 25A;
untaxed has the same meaning as it has in
section 25A.
(2) If, having received an application from an affected
member in accordance with subsection (3), the
Board is satisfied that a reduction in benefits has
resulted in a detriment to the member in respect of
a benefit which has become payable to the
member, the Board may take such steps, including
without limitation increasing the benefit, as the
Board considers necessary to avoid or compensate
for that detriment.
(3) An affected member may within 3 months of a
benefit becoming payable from the Fund (or any
longer period approved by the Board if the Board
considers that there are special circumstances)
apply to the Board for a review of the amount of
the benefit.
(4) The application must be in a form and contain and
be accompanied by information required by the
Board.
(5) The Board must not consider an application for
review under this subsection on any ground other
than detriment.
142
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 25B
(6) In determining whether a detriment exists and the
extent of that detriment—
(a) the Board must act on the advice of the
actuary, given either generally or in any
specific case; and
(b) the actuary must have regard to the following
factors—
(i) the receipt by a member of a post-June
1983 component of the benefit
classified for the purposes of the tax
law as a taxed element rather than as an
untaxed element; and
(ii) the rates of tax and the basis for its
assessment under the tax law as at the
commencement of section 145 of the
Public Sector Superannuation
(Administration) Act 1993 in respect
of a benefit that becomes payable to a
person aged 55 years or more; and
(iii) any other matters the actuary considers
relevant.
25B Surcharge debt account
(1) The Board must establish and maintain a separate
surcharge debt account for each contributor to the
Scheme or member of the ESSPLAN Scheme.
(2) The Board must debit to a contributor's or
member's surcharge debt account—
(a) any superannuation contributions tax paid or
payable by the Board on contributions in
respect of the contributor or member as a
result of the operation of the Commonwealth
Superannuation Contributions Tax
(Assessment and Collection) Act 1997 to
discharge the liability imposed under that
Act; and
143
S. 25B
inserted by
No. 29/2000
s. 6.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 25B
(b) if the contributor's or member's surcharge
debt account is in debit at the end of a
financial year, interest on the amount by
which the account is in debit, calculated at
the same rate as the rate determined under
section 16 of the Commonwealth
Superannuation Contributions Tax
(Assessment and Collection) Act 1997; and
(c) any debit adjustment to the amount debited
under paragraph (a).
(3) The Board must credit to a contributor's or
member's surcharge debt account—
(a) any pre-payment by the contributor or
member to the Board in respect of any
payment made or to be made by the Board to
discharge or partially discharge the liability
imposed under the Commonwealth
Superannuation Contributions Tax
(Assessment and Collection) Act 1997; and
(b) any credit adjustment to the amount debited
under subsection (2)(a); and
(c) any surcharge deduction amount under
subsection (4); and
(d) an amount to achieve a nil balance after all
the debits under subsection (2) and all the
credits under paragraphs (a) to (c) have been
made.
(4) If in respect of a person who has been a
contributor to the Scheme—
(a) the Board discharges the liability imposed
under the Commonwealth Superannuation
Contributions Tax (Assessment and
Collection) Act 1997 under section 7 of that
Act; and
144
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 25B
(b) benefits become payable under Part 3 to or in
respect of that person; and
(c) the person's surcharge debt account is in
debit when those benefits become so
payable—
then, despite anything in any Act or in any trust
instrument, contract or other document, the Board
may reduce those benefits by an amount
determined in writing that, in the Board's opinion
on the advice of an actuary, would be fair and
reasonable having regard to the matters specified
in subsection (5).
(5) In making the determination, the Board must have
regard to the following—
(a) the amount by which the person's surcharge
debt account is in debit when those benefits
become payable;
(b) the value of the employer-financed
component of those benefits;
(c) the value of the benefits that, for the purpose
of working out (under the Commonwealth
Superannuation Contributions Tax
(Assessment and Collection) Act 1997) the
surchargeable contributions reported for the
person, were assumed to be likely to be
payable to the person on his or her ceasing to
be a contributor to the Scheme;
(d) whether the person has or had qualified for
his or her maximum benefit entitlement
under this Act;
(e) any other matter that the Board considers
relevant.
145
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 25C
(6) The amount determined under subsection (4) by
the Board must not be more than 15 per cent of
the employer-financed component of that part of
the benefits payable to the person that accrued
after 20 August 1996.
(7) For the purposes of subsection (4), if the benefit is
in the form of a pension entitlement, the deduction
is to be made by the Board commuting the
person's pension entitlement to the extent
determined by an actuary appointed by the Board
to be necessary to meet the amount determined
under subsection (4).
(8) The exercise of the power of commutation under
subsection (7) does not affect the exercise of any
other commutation rights under this Act.
S. 25C
inserted by
No. 29/2000
s. 6.
25C Commutation of pension to meet surcharge liability
(1) The power of commutation under this section
applies if—
(a) a person is receiving a pension under this
Act; and
(b) the person receives a notice of surcharge
assessment on contributions made in respect
of the person when he or she was a
contributor from the Australian Taxation
Office for which he or she is personally
liable; and
(c) the person makes an election in accordance
with subsection (2).
(2) The election must—
(a) be made within the period of 3 months after
the day on which the assessment is made;
and
(b) be made in a manner approved by the Board;
and
146
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 26
(c) authorise the Board to pay on the person's
behalf the amount of the surcharge
assessment directly to the Australian
Taxation Office.
(3) The Board must commute the person's pension to
the extent determined by an actuary appointed by
the Board to be necessary to pay the amount of the
surcharge assessment.
(4) The Board must advise the person in writing as to
the actuary's determination.
(5) The exercise of the power of commutation under
this section does not affect the exercise of any
other commutation rights under this Act.
26 Assignment or charging of interest
(1) Subject to subsection (2) and subsection (3), an
interest of a member or beneficiary in a benefit
under this Act—
S. 26
amended by
No. 82/1996
s. 13,
substituted by
No. 70/2003
s. 6.
S. 26(1)
amended by
No. 37/2007
s. 16(1).
(a) must not be in any way assigned, charged,
attached or passed by operation of law to any
other person; and
(b) is not an asset for the payment of any debt or
liability.
(2) Subsection (1) does not apply to or in respect of
any assignment, charge, payment or transfer
permitted expressly or by necessary implication
by this Act.
(3) If on the death of a member or contributor the
Board is satisfied that there is no personal
representative, the Board may pay any money
payable to the member or contributor or to his or
147
S. 26(3)
inserted by
No. 37/2007
s. 16(2).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 26A
her estate to a person the Board considers
appropriate in the circumstances.
S. 26(4)
inserted by
No. 37/2007
s. 16(2).
S. 26A
inserted by
No. 82/1996
s. 14.
S. 26A(1)
amended by
No. 84/1998
s. 14.
(4) For the purposes of subsection (3), personal
representative has the same meaning as it has in
section 5(1) of the Administration and Probate
Act 1958.
26A Early release of benefits
(1) The Board may approve the early release of part
or all of the vested benefit of a contributor, former
contributor, member or beneficiary in accordance
with the specified standards.
(2) The Board must determine—
(a) the amount of the vested benefit to be
released; and
(b) the method of payment of that amount; and
(c) the reduction to be made to the vested
benefit—
in accordance with the specified standards.
S. 27
substituted by
No. 82/1996
s. 15.
27 Money owing to the Scheme
(1) The Board may recover any amount of money
owing to the Scheme by a member, contributor,
beneficiary, participating employer or any other
person together with interest on that amount in
accordance with subsection (2)—
(a) if any amount is or becomes payable from
the Scheme to that member, contributor,
beneficiary, participating employer or other
person by the Board deducting it from that
amount; or
148
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 27A
(b) in any other case as a debt in any court of
competent jurisdiction.
(2) Interest at the rate for the time being fixed under
section 2 of the Penalty Interest Rates Act 1983
is payable on any amount owing to the Scheme
calculated from the date on which the amount
becomes due until the date on which the amount is
paid or otherwise under subsection (1).
27A Unpaid lump sum benefits
If any lump sum benefit is not paid within 14 days
of the date of termination of service of a
contributor, the unpaid benefit is deemed to yield
net earnings at a net earning rate as the Board in
its discretion considers appropriate in the
circumstances at that time from the date of
termination of service until the date on which the
lump sum benefit is paid or transferred to an
account established under this Act at the request
of the contributor.
S. 27A
inserted by
No. 32/2005
s. 10.
28 Minors
A minor has the same capacity as a person of full
age to do anything for the purposes of this Act.
28A Payment of benefits if person is incapable of
managing financial affairs
(1) The Board may determine that a person who
would ordinarily be entitled to receive benefits is
incapable of managing his or her financial affairs.
(2) A determination under subsection (1) may be
made by reason of any restriction or lack of
capability of the person resulting from any
absence, loss or abnormality of mental,
psychological, physiological or anatomical
structure or function.
149
S. 28A
inserted by
No. 82/1996
s. 16,
amended by
Nos 43/1998
s. 42(1),
52/1998 s. 311
(Sch. 1 item
25.2),
substituted by
No. 40/2010
s. 15.
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 29
(3) If the Board makes a determination under
subsection (1), the Board may cause that person's
benefits or any part of that person's benefits to be
paid to—
(a) the person's guardian or administrator; or
(b) if there is no guardian or administrator, a
person nominated by the Board for the
benefit of that person and any or all of his or
her dependants—
until the Board determines that the person is
capable of managing his or her financial affairs.
29 Board may require information
(1) The Board may require—
S. 29(1)(a)
amended by
No. 84/1998
s. 15(a).
(a) any employer to provide any returns and
information relating to any contributor,
including the name, sex, date of birth, date of
appointment, date of commencement of duty,
hours of duty and changes in hours of duty,
rate of salary and changes in the rate of
salary, and tax file number, of that
contributor and to provide the returns and
information within the times and in the form
specified by the Board; or
S. 29(1)(b)
amended by
Nos 84/1998
s. 15(b),
27/2001
s. 5(Sch. 3
item 2.6).
(b) any employee or pensioner or the partner or
child of any deceased employee or pensioner
to furnish the returns and information
(including the tax file number of the
employee or pensioner) the Board requires
within the times specified by the Board for
the purposes of this Act; or
(c) a person claiming to be entitled to benefits to
produce any document or provide any
information it thinks necessary within the
times specified by the Board before it pays
the whole or part of those benefits.
150
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 29
(2) A person who, without reasonable excuse, does
not provide any of the returns, information or
documents required to the Board within the times
specified by the Board is liable to a penalty of not
more than 10 penalty units.
(3) The Board may at any time require—
(a) a participating employer to furnish any
returns and information (including tax file
numbers) with respect to any person as the
Board may require for the purpose of the
ESSPLAN Scheme; and
S. 29(2)
amended by
No. 82/1996
s. 17(1).
S. 29(3)
inserted by
No. 82/1996
s. 17(2).
S. 29(3)(a)
amended by
No. 84/1998
s. 15(c).
(b) any person entitled or claiming to be entitled
to a benefit to furnish any returns and
information (including the report of any
registered medical practitioner) as the Board
may require for the purposes of the
ESSPLAN Scheme.
(4) Subject to the Freedom of Information Act
1982, the Board must not disclose other than with
the written consent of the member to any person
except a court or the person to whom the report
relates, information contained in the report of a
registered medical practitioner given to the Board
under subsection (3)(b).
S. 29(4)
inserted by
No. 82/1996
s. 17(2).
(5) Despite any Act or rule of law or practice to the
contrary, the Board is not prevented on the ground
of medical professional privilege from producing
in any legal proceedings any report referred to in
subsection (4).
S. 29(5)
inserted by
No. 82/1996
s. 17(2).
151
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 29A
S. 29A
inserted by
No. 54/1993
s. 3,
repealed by
No. 110/1993
s. 146,
new s. 29A
inserted by
No. 4/1996
s. 11.
S. 29A(1)(a)
amended by
No. 70/2003
s. 7(1).
29A Specified standards
(1) The Governor in Council may by Order in
Council—
(a) specify standards and conditions for the
preservation of specified employer and
member contributions and benefits; and
(b) specify the method, manner and form in
which preserved contributions may be paid
as a benefit; and
S. 29A(1)(ba)
inserted by
No. 43/2008
s. 20.
(ba) specify standards (including conditions) in
respect of the acceptance by the Board of—
(i) contributions made by, or in respect of,
a member, eligible spouse or
beneficiary; or
(ii) any amount rolled over, transferred or
allotted from within the superannuation
system; and
S. 29A(1)(c)
amended by
No. 82/1996
s. 18.
(c) specify maximum fees and charges which
the Board may impose on specified types of
benefits; and
S. 29A(1)(ca)
inserted by
No. 70/2003
s. 7(2).
(ca) specify processes and requirements in
respect of the administration and operation
of Part 4A; and
S. 29A(1)(cb)
inserted by
No. 70/2003
s. 7(2).
(cb) specify the benefits and entitlements of nonmembers spouses under Part 4A; and
S. 29A(1)(d)
inserted by
No. 82/1996
s. 18.
(d) specify the circumstances (other than death,
disability or ill health) in which an
application for an early release of benefits
may be made; and
152
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 6—General
s. 29A
(e) specify the benefits in respect of which an
application for an early release may be made;
and
(f) specify the method, manner and form in
which benefits which are the subject of an
application for an early release of benefits
may be paid.
S. 29A(1)(e)
inserted by
No. 82/1996
s. 18.
S. 29A(1)(f)
inserted by
No. 82/1996
s. 18.
(2) An Order in Council made under this section—
(a) must be published in the Government
Gazette;
(b) takes effect on and from the date on which it
is published or any later date of
commencement as may be specified in the
Order in Council;
(c) may apply, adopt or incorporate (with or
without modification) the provisions of any
document, code, standard, rule, specification
or method whether as formulated, issued,
prescribed or published at the time the Order
in Council is made.
(3) Any Order in Council made before the enactment
of the Superannuation Acts (Family Law) Act
2003 has force and effect as if it had been made
under this section as amended by section 7(1) of
that Act.
__________________
153
S. 29A(3)
inserted by
No. 70/2003
s. 7(3).
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 7—Regulations
s. 31
PART 7—REGULATIONS
S. 30
repealed by
No. 82/1996
s. 19(1).
S. 30A
inserted by
No. 110/1993
s. 147(1),
repealed by
No. 82/1996
s. 19(1).
S. 31
amended by
No. 49/1992
s. 38(a).
S. 31(1)
amended by
Nos 64/1991
s. 8, 49/1992
s. 38(a)(b),
82/1996
s. 19(2).
S. 31(2)
inserted by
No. 49/1992
s. 38(c),
repealed by
No. 4/1996
s. 4(1).
S. 31(3)
inserted by
No. 49/1992
s. 38(c),
amended by
Nos 4/1996
s. 4(2),
78/2010
s. 24(Sch. 1
item 12).
*
*
*
*
*
*
*
*
*
*
31 Regulations generally
(1) The Governor in Council may, on the
recommendation of the Board, make regulations
prescribing all matters required or permitted or
necessary to be prescribed.
*
*
*
*
(3) Regulations made under this Act may be
disallowed in whole or in part by resolution of
either House of Parliament.
154
*
Emergency Services Superannuation Act 1986
No. 94 of 1986
Part 7—Regulations
s. 32
*
*
*
*
*
32 Regulations under this Act
Regulations made under this Act—
(a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstance; and
(c) may impose penalties not exceeding five
penalty units for a contravention of or an
offence under the regulations; and
(d) may apply, adopt or incorporate (with or
without modification)—
(i) the provisions of any document, code,
standard, rule, specification or method
formulated, issued, prescribed or
published by any authority or body
whether as formulated, issued,
prescribed or published at the time the
regulations are made, or at any time
before then; or
(ii) the provisions of any Act of the
Commonwealth or of another State or
of a Territory or any matter contained
in an Index published by the
Commonwealth Statistician or the
provisions of any subordinate
instrument under any such Act, whether
wholly or partially or as amended by
the regulations or as in force or
published at a particular time or from
time to time; and
155
S. 31(4)
inserted by
No. 49/1992
s. 38(c),
repealed by
No. 4/1996
s. 4(1).
S. 32
amended by
Nos 110/1993
s. 147(2),
82/1996
s. 19(3).
Emergency Services Superannuation Act 1986
No. 94 of 1986
s. 33
(e) may leave any matter or thing to be from
time to time determined, applied, dispensed
with or regulated by the Board; and
(f) may confer powers or impose duties in
connection with the regulations of the Board.
__________________
Pt 8
(Heading and
ss 33–35)
amended by
Nos 21/1988
s. 60(1),
50/1988
s. 93(1),
repealed by
No. 120/1994
s. 5(c).
*
*
*
═══════════════
156
*
*
Emergency Services Superannuation Act 1986
No. 94 of 1986
Endnotes
ENDNOTES
1. General Information
Minister's second reading speech—
Legislative Assembly: 18 November 1986
Legislative Council: 3 December 1986
The long title for the Bill for this Act was "A Bill to establish an Emergency
Services Superannuation Board and Scheme, to amend the Superannuation
Act 1958, the Hospitals Superannuation Act 1965 and the Metropolitan
Fire Brigades Superannuation Act 1976 and for other purposes.".
The Emergency Services Superannuation Act 1986 was assented to on
16 December 1986 and came into operation on 1 January 1987: section 2.
157
Emergency Services Superannuation Act 1986
No. 94 of 1986
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Emergency Services
Superannuation Act 1986 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Hospitals Superannuation Act 1988, No. 21/1988
Assent Date:
17.5.88
Commencement Date:
1.7.88: Government Gazette 18.5.88 p. 1273
Current State:
All of Act in operation
State Superannuation Act 1988, No. 50/1988
Assent Date:
24.5.88
Commencement Date:
S. 93(2)(Sch. 2 item 15) on 1.7.88: Government
Gazette 1.6.88 p. 1487
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Superannuation Acts (Amendment) Act 1988, No. 81/1988
Assent Date:
20.12.88
Commencement Date:
Ss 3, 4 on 20.12.88: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Superannuation Acts (Miscellaneous Amendments) Act 1990, No. 72/1990
Assent Date:
4.12.90
Commencement Date:
S. 17 on 20.12.88: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Emergency Services Superannuation (MFBSF Transfer) Act 1991, No. 64/1991
Assent Date:
19.11.91
Commencement Date:
All of Act (except ss 7–9) on 20.11.91: Government
Gazette 20.11.91 p. 3146; s. 7 on 1.1.92: s. 2(2); s. 8
on 1.7.91: s. 2(3); s. 9 on 9.9.92: Government Gazette
9.9.92 p. 2634
Current State:
All of Act in operation
Superannuation (Occupational Superannuation Standards) Act 1992,
No. 49/1992
Assent Date:
30.6.92
Commencement Date:
All of Act on 30.6.92: Special Gazette (No. 31)
30.6.92 p. 2
Current State:
All of Act in operation
Emergency Services Superannuation (Special Payments) Act 1993, No. 53/1993
Assent Date:
8.6.93
Commencement Date:
1.7.93: s. 2
Current State:
All of Act in operation
158
Emergency Services Superannuation Act 1986
No. 94 of 1986
Endnotes
Superannuation (Compliance) Act 1993, No. 54/1993
Assent Date:
8.6.93
Commencement Date:
S. 3 on 1.7.92: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Public Sector Superannuation (Administration) Act 1993, No. 110/1993
Assent Date:
30.11.93
Commencement Date:
Ss 138, 141, 142, 147 on 1.1.94: s. 2(6); ss 139, 140,
143–146 on 30.11.93: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Medical Practice Act 1994, No. 23/1994
Assent Date:
17.5.94
Commencement Date:
Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94:
Government Gazette 23.6.94 p. 1672
Current State:
All of Act in operation
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date:
31.5.94
Commencement Date:
S. 4(Sch. 2 item 28) on 1.1.95: Government Gazette
28.7.94 p. 2055
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Superannuation Acts (Amendment) Act 1994, No. 58/1994
Assent Date:
15.6.94
Commencement Date:
S. 4 on 30.11.93: s. 2(2); ss 7, 8, 10 on 1.1.94: s. 2(3);
rest of Act on 15.6.94: s. 2(1)
Current State:
All of Act in operation
Superannuation Acts (Further Amendment) Act 1994, No. 120/1994
Assent Date:
20.12.94
Commencement Date:
Ss 3, 4 on 1.7.94: s. 2(7); s. 5 on 20.12.94: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Superannuation Acts (Miscellaneous Amendments) Act 1995, No. 102/1995
Assent Date:
5.12.95
Commencement Date:
S. 28 on 1.7.95: s. 2(2); s. 30 on 1.11.95: s. 2(3); ss 14,
15, 26, 27 on 12.2.96: s. 2(4); rest of Act on 5.12.95:
s. 2(1)
Current State:
All of Act in operation
159
Emergency Services Superannuation Act 1986
No. 94 of 1986
Endnotes
Superannuation Acts (Amendment) Act 1996, No. 4/1996
Assent Date:
18.6.96
Commencement Date:
Ss 3, 9, 10 on 1.5.96: s. 2(10); ss 5–7 on 18.6.96:
s. 2(1); ss 4, 11 on 30.6.96: s. 2(12); s. 8 on 1.8.96:
s. 2(13)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Superannuation Acts (Further Amendment) Act 1996, No. 82/1996
Assent Date:
23.12.96
Commencement Date:
Ss 6–20 on 1.1.97: s. 2(4)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Superannuation Acts (Miscellaneous Amendment) Act 1997, No. 50/1997
Assent Date:
11.6.97
Commencement Date:
S. 18(1) on 11.6.97: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Ambulance Services (Amendment) Act 1998, No. 38/1998
Assent Date:
26.5.98
Commencement Date:
S. 15 on 1.12.99: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998
Assent Date:
26.5.98
Commencement Date:
S. 42(1) on 18.4.98: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998,
No. 52/1998
Assent Date:
2.6.98
Commencement Date:
S. 311(Sch. 1 item 25) on 1.7.98: Government Gazette
18.6.98 p. 1215
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
160
Emergency Services Superannuation Act 1986
No. 94 of 1986
Endnotes
Superannuation Acts (Amendment) Act 1998, No. 84/1998
Assent Date:
17.11.98
Commencement Date:
Ss 3–15 on 17.11.98: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Superannuation Acts (Further Amendment) Act 1999, No. 13/1999
Assent Date:
11.5.99
Commencement Date:
Ss 3, 4 on 11.5.99: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Superannuation Acts (Amendment) Act 2000, No. 29/2000
Assent Date:
30.5.00
Commencement Date:
Ss 3–6 on 31.5.00: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Electricity Industry Legislation (Miscellaneous Amendments) Act 2000,
No. 69/2000
Assent Date:
21.11.00
Commencement Date:
S. 50 on 1.1.01: s. 2(4)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Superannuation Acts (Beneficiary Choice) Act 2000, No. 95/2000
Assent Date:
5.12.00
Commencement Date:
Ss 8, 9 on 6.12.00: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Statute Law Amendment (Relationships) Act 2001, No. 27/2001
Assent Date:
12.6.01
Commencement Date:
S. 5(Sch. 3 item 2) on 23.8.01: Government Gazette
23.8.01 p. 1927
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Superannuation Acts (Family Law) Act 2003, No. 70/2003
Assent Date:
14.10.03
Commencement Date:
S. 7(1) on 30.6.96: s. 2(2); ss 3–6, 7(2)(3) on 15.10.03:
s. 2(1)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
161
Emergency Services Superannuation Act 1986
No. 94 of 1986
Endnotes
Treasury and Finance Legislation (Amendment) Act 2004, No. 40/2004
Assent Date:
8.6.04
Commencement Date:
Ss 16, 17 on 9.6.04: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Emergency Services Superannuation (Amendment) Act 2005, No. 32/2005
Assent Date:
21.6.05
Commencement Date:
22.6.05: s. 2
Current State:
All of Act in operation
Superannuation Legislation (Governance Reform) Act 2005, No. 94/2005
Assent Date:
29.11.05
Commencement Date:
Ss 3–20 on 1.12.05: s. 2
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Health Professions Registration Act 2005, No. 97/2005
Assent Date:
7.12.05
Commencement Date:
S. 182(Sch. 4 item 18) on 1.7.07: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Accident Compensation and Other Legislation (Amendment) Act 2006,
No. 41/2006
Assent Date:
25.7.06
Commencement Date:
S. 28 on 26.7.06: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Superannuation Legislation Amendment (Contribution Splitting and Other
Matters) Act 2007, No. 37/2007
Assent Date:
14.8.07
Commencement Date:
Ss 3–16 on 15.8.07: s. 2
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Relationships Act 2008, No. 12/2008
Assent Date:
15.4.08
Commencement Date:
S. 73(1)(Sch. 1 item 19) on 1.12.08: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Superannuation Legislation Amendment Act 2008, No. 43/2008
Assent Date:
26.8.08
Commencement Date:
Ss 3–20 on 27.8.08: s. 2
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
162
Emergency Services Superannuation Act 1986
No. 94 of 1986
Endnotes
Compensation and Superannuation Legislation Amendment Act 2008,
No. 65/2008
Assent Date:
18.11.08
Commencement Date:
S. 11 on 19.11.08: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009
Assent Date:
10.2.09
Commencement Date:
S. 37(Sch. 1 item 12) on 1.12.09: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Superannuation Legislation Amendment Act 2009, No. 38/2009
Assent Date:
30.6.09
Commencement Date:
Ss 6, 11–16 on 1.7.09: s. 2(1); ss 3–5, 7–10 on 1.7.10:
s. 2(3)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Statute Law Amendment (National Health Practitioner Regulation) Act 2010,
No. 13/2010
Assent Date:
30.3.10
Commencement Date:
S. 51(Sch. item 21) on 1.7.10: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Superannuation Legislation Amendment Act 2010, No. 40/2010
Assent Date:
30.6.10
Commencement Date:
Ss 3–15 on 1.7.10: Government Gazette 1.7.10
p. 1359
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
Subordinate Legislation Amendment Act 2010, No. 78/2010
Assent Date:
19.10.10
Commencement Date:
S. 24(Sch. 1 item 12) on 1.1.11: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Emergency Services Superannuation
Act 1986
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
163
Emergency Services Superannuation Act 1986
No. 94 of 1986
Endnotes
3. Explanatory Details
1
S. 17: Section 40(3) of the Superannuation Acts (Amendment) Act 1988,
No. 81/1988 reads as follows:
40 Amendment to the Borrowing and Investment
Powers Act 1987
(3) Section 17 of the Emergency Services
Superannuation Act 1986 as in force
immediately before the commencement of
section 4(2), continues to apply to or in respect of
the investment of money or exercise of powers
made before the commencement of section 4(2) as
if section 4(2) had not been enacted.
164
Emergency Services Superannuation Act 1986
No. 94 of 1986
INDEX
Subject
Section
Accrued benefits See Benefits
Act
application
commencement
effect of
purpose
Actuaries
advice, determinations regarding
accrued benefit multiple
adjustment of member spouses' entitlements
commutation of pensions
employers' contributions
reductions in benefits
definition
engagement by Board
investigations, reports on Scheme
specification of Minimum Requisite Benefit
Administrators
Ambulance service employees
Approved superannuation arrangements
Beneficiaries
beneficiary accounts
definition
transfer to or from new schemes
transferred beneficiaries from VEISF
See also Eligible beneficiaries
Benefits
definition
early release
guarantee of no detriment
not assignable
payment to estate
payment when person incapable of managing
financial affairs
reduction
specified standards
taxation
transferred beneficiaries from VEISF
under ESSPLAN
amount paid and payment of
disability and death
roll over, transfer to other funds
under Scheme
accounts for
accrued benefit
death
disability
ill health
165
4
2
4B
1
22EA
20C, 22G
20I, 22D, 25B, 25C
20Q
25A, 25AA, 25B
3, 25A, 25AA
13
19
20S
20O, 28A
4
3, 4, 20A, 20C
21, 21J, 21K–21L
21
21N
22B–22C
3
26A, 29A
4C, 4D
26
26
28A
25A–25B
3, 23AA, 29A
25A
22B–22C
21E
21F–21H, 21JB
21M, 21O
20Q
20C
20E, 20F, 20L,
20O–20P
20F–20G, 20L
20H
Emergency Services Superannuation Act 1986
No. 94 of 1986
Subject
Section
insufficient funds to meet
maximum
Minimum Requisite Benefit
resignation
retirement
retrenchment
salary on which based
unpaid lump sum benefits
Board See Emergency Services Superannuation
Board
Children (def.)
Complying superannuation funds
definition
roll over, transfers to and from
20
20A, 20C
20S
20K
20D
20J
4
27A
See also Superannuation system
Contributions
specified standards
splitting
surchargeable contributions (def.)
taxation
under ESSPLAN
under Scheme
accounts for
adjusted total contributions (def.)
by employees
by employers
optional during leave of absence
time for paying
Contributors
Country Fire Authority appointees See Employees
Death benefits
under ESSPLAN
amount and payment
insurance
level of cover
payments from beneficiary accounts
payments from spouse accounts
under Scheme
for death as result of injury
for death during leave of absence
for death of persons on disability pensions
multiple claimants
payment
payment when no dependants
restrictions on
Definitions
166
3, 21
3
21B, 21I, 21M,
21N, 21O
3, 29A
21, 21IA
3
21J, 25B–25C
21B–21D
20Q
3
20A, 20M
20Q
20M
20R
3, 4, 7
21H
21G
21F–21G
21J
21JA, 21JB
20E
20M
20F
20P
20E, 20F
20O
20L
3, 4A, 4AA, 7, 8,
20I, 20PA, 21,
21IA, 22B, 22D,
22DA, 22E, 25A,
25AA, 26
Emergency Services Superannuation Act 1986
No. 94 of 1986
Subject
Section
Department of Sustainability and Environment or
Department of Primary Industries officers
Dependants
definition
lodgement of claims
multiple dependants
not located after death of contributor
payment of benefits under ESSPLAN to
payment of benefits under Scheme to
registration of names
Disability benefits
applications
definition of disability
medical issues regarding
member spouses under family law provisions
under ESSPLAN
under Scheme
for disability during leave of absence
payment
restrictions on
See also Pensions
Eligible beneficiaries
Emergency Services Superannuation Board
borrowing and investment powers
Chief Executive Officer
committees
delegation
elected members (def.)
establishment
functions and powers
group accounts
improper use of information
Management Account
membership
appointment and election
deputies
payment
pecuniary interests
suspension and removal
vacancies
nominated members (def.)
objectives and duties
power to require information
President
procedure
resolutions without meetings
review of decisions
staff
successor in law to
governing bodies of administered schemes
Government Superannuation Office
167
3, 4
3
20NA
20P
20O
21H, 21J, 21JA
20E, 20F
20NA
23A
3
24
22F
21F–21H, 21JB
20M
20F–20G, 20I
20L
3, 4, 21B
6, 17–17B
3, 13, 13A
12C
14
8
5
6A
17B, 20Q
12B
18, 20Q
7
9, 9A
11
12D
10
8, 9
8
6
29
7, 12
12
12A
4D, 23, 25A, 25AA
13A
22DH
22DC
Emergency Services Superannuation Act 1986
No. 94 of 1986
Subject
Section
Emergency Services Superannuation Scheme
actuarial investigations and reports
choice to contribute to
establishment
liabilities charged to Management Account
membership
money owing to
supplementary funds from Consolidated Fund
transfer of assets, liabilities of other Funds to
Employees
casual employees (def.)
choice to contribute to Scheme
definition
duty to provide information required by Board
operational staff members
persons taken to be
returning members
Employers
contributions under ESSPLAN
contributions under Scheme
deduction of employees' contributions to Scheme
definition
duty to provide information required by Board
participating employers (def.)
ESSPLAN Scheme
definitions
membership and eligibility
money, assets forming part of
roll over, transfers to other funds
Executors
Family law provisions
accrued benefit multiple
adjustment of member spouses' entitlements
Board may provide additional information
definitions
fees
specified standards regarding
transfer, payment of non-member spouses'
entitlements
Government Superannuation Office
Guardians
Hospitals Superannuation Board and Fund
Ill health benefits
Illnesses and injuries
See also Disability benefits; Pensions
Incapable persons
168
19
4, 4AA
15
18
20B
27
20
22A–22C, 22DA–
22DM
21
4, 4AA
3
29
3, 4, 4AA, 20A,
20E, 20F, 20L,
20PA
4
3, 4, 20PA, 21B
21B, 21C
20Q–20R
20A
3, 4A
29
21
21
21B
21A
21M–21O
20O
22EA
20C, 22G
22H
21, 22E
22I
29A
20C, 22F
22DA–22DE
28A
4, 22
3, 20H
20G
28A
Emergency Services Superannuation Act 1986
No. 94 of 1986
Subject
Section
Investment funds
establishment
net earning rate
payment of benefits to
Leave of absence
Legal personal representatives
nomination
payments under ESSPLAN to
See also Nominees
Lump sum payments
commutation of pensions to
death of contributors
disability
ill health
non-member spouses' entitlements
resignation
retirement
retrenchment
transfer to beneficiary accounts
unpaid benefits
Medical reports and examinations
Members (ESSPLAN)
definition
eligibility
transfer to or from new schemes
Members' accounts
account balance (def.)
establishment, credits and debits
investment funds
net earning rate
roll over, transfer of balance to another complying
fund
Membership (Scheme)
Mentally ill persons
Metropolitan Fire Brigades officers, employees
Minister
powers and duties regarding
actuaries' reports
adjustment of member spouses' entitlements
Board
classes of employees, operational staff
classes of employers
declared rate of pensions
eligible salary sacrifice contributors
fees regarding family law provisions
Public Sector Superannuation Schemes
reduction of benefits in relation to taxation
VEI Super Pty Ltd
Minors
MTA Superannuation Fund
169
17A, 17B, 21K
21, 21L, 27A
21E
20M
20N
21H, 21J, 21JA
20I, 22D, 25B, 25C
20E, 26
20F–20G
20H
22F
20K
20D
20J
21J
27A
20L, 21F, 21FA,
24, 25, 29
21
21B
21N
21
21I
21K
21, 21L
21B, 21I, 21IA,
21JA
20B
28A
3, 4, 22
19
20C, 22G
6-8, 9A, 13
3, 4AA
4A
22D
3A
22I
22DF–22DG
25A
22B
20E, 28
3, 22DA–22DE
Emergency Services Superannuation Act 1986
No. 94 of 1986
Subject
Section
Nominees
definition
multiple nominees
not located after death of contributor
payment of benefits under Scheme to
See also Legal personal representatives
Offences
Operational staff members
Part-time contributors See Contributors
Penalty interest
Pensions
Board's requests for information from pensioners
commutation if increases
commutation if less than declared rate
commutation to meet surcharge liability
disability
for former contributors to other funds
indexation
transfer to beneficiary accounts
Police See Employees
Police Pensions Fund, Superannuation Fund
Police recruits
cannot be contributors to Scheme
death
definition
disability pensions
Preserved benefits See Benefits
Prior funds (def.)
Protective services officers See Employees
Public Sector Superannuation Schemes
Regulations
Represented persons
Resignation
Retired Police Reserve members See Employees
Retirement
Retrenchment
Review
Salaries
Scheme
See Emergency Services Superannuation Scheme
Specified standards
Spouse accounts
State Superannuation Fund
Superannuation Act (def.)
Superannuation Fund See Prior funds
Superannuation system (def.)
Surcharges
170
3
20P
20O
20E, 20F
12B, 29
3, 4, 4AA, 20A,
20E, 20F, 20L
20R, 27
29
20I
22D
25B–25C
20F–20G
22
20I
21J
22A
4
20E, 20F
3
20F
3
3, 22DF–22DM
31–32
28A
20K
20D
3, 20J
4D, 23, 25A, 25AA
3, 4
3, 23AA, 29A
21, 21IA, 21JA–
21L
3, 4, 22DA–22DE
3
3
3, 21J, 25B–25C
Emergency Services Superannuation Act 1986
No. 94 of 1986
Subject
Section
Taxation
exemption
of benefits
of contributions
Termination of service (def.)
Transferred officers
definition
disability pensions
entitlement to full death, disability benefits
rate of contributions to Scheme
Transitional provisions
Victorian Civil and Administrative Tribunal
Victorian Electricity Industry Superannuation
Fund
Victorian Superannuation Board
171
22DD, 22DL
25A, 25AA
21J, 25B–25C
3
3
20F
20L
20A
22DE, 22DM
23
22B–22C
22