{"id":"a-1991-93","name":"Legislative Assembly (Members' Superannuation) Act 1991","slug":"legislative-assembly-members-superannuation-act-1991","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"93 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23874,"registerId":"act-a-1991-93-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legislative Assembly (Members' Superannuation) Act 1991","content":"Australian Capital Territory\nLegislative Assembly (Members’\nSuperannuation) Act 1991\nA1991-93\nRepublication No 9\nEffective: 1 July 2011\nRepublication date: 1 July 2011\nLast amendment made by A2011-22\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Legislative Assembly (Members’ Superannuation) Act 1991\n(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))\nas in force on 1 July 2011. It also includes any commencement, amendment, repeal or expiry\naffecting this republished law to 1 July 2011.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $110 for\nan individual and $550 for a corporation (see Legislation Act 2001, s 133).\n\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nLegislative Assembly (Members’\nSuperannuation) Act 1991\nContents\nPage\nChapter 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n3A Meaning of discontinuance 2\nChapter 2 Defined benefits scheme\nPart 2.1 Preliminary\n3B Application—ch 2 4\n3C Definitions—ch 2 4\n\nContents\nPage\ncontents 2 Legislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\nR9\n01/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2.2 Legislative Assembly Members\nSuperannuation Board\nDivision 2.2.1 Establishment of board\n4 Establishment 5\n5 Functions 5\n6 Powers 5\nDivision 2.2.2 Constitution and operation\n7 Constitution 5\n8 Chair of board 6\n9 Secretary of board 6\n10 Meetings 7\n11 Procedure at meetings 7\n11A Annual report by board 8\nPart 2.3 Entitlements of members\n12 Eligibility 9\n13 Members’ contributions 9\n15 Superannuation benefit 9\n16 Death or invalidity benefit 11\n17 Payment to estate 11\n18 Preservation of benefit 11\n18A Members may transfer to choice of funds scheme 12\nPart 2.4 Notification and review of decisions\n19 Definitions—pt 2.4 13\n20 Internal review notices 13\n21 Applications for reconsideration 13\n21A Reconsideration 14\n21B Reviewable decision notices 14\n21C Applications to ACAT 14\nChapter 3 Choice of funds scheme\n22 Application—ch 3 16\n\nContents\nPage\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n23 Choice of fund by members 16\n24 Territory contributions 16\nChapter 4 Miscellaneous\n25 Regulation-making power 18\nDictionary 19\nEndnotes\n1 About the endnotes 21\n2 Abbreviation key 21\n3 Legislation history 22\n4 Amendment history 23\n5 Earlier republications 27\n\n\n\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nLegislative Assembly (Members’\nSuperannuation) Act 1991\nAn Act to provide superannuation benefits for members of the Legislative\nAssembly, and for related purposes\n\nChapter 1 Preliminary\nSection 1\npage 2 Legislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\nR9\n01/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChapter 1 Preliminary\n1 Name of Act\nThis Act is the Legislative Assembly (Members’ Superannuation)\nAct 1991.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n3A Meaning of discontinuance\n(1) For this Act, a discontinuance, in relation to a member, happens\nwhen the member’s term of office ends by—\n(a) death; or\n(b) resignation; or\n(c) retirement on the ground of invalidity; or\n(d) disqualification or expulsion; or\n(e) dissolution of the Legislative Assembly; or\n\nPreliminary Chapter 1\nSection 3A\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) the ending of the member’s term of office under the\nSelf-Government Act, section 10 (Term of office of member).\n(2) However, a discontinuance is taken not to have happened for this\nchapter if the member is re-elected to the Legislative Assembly at—\n(a) if subsection (1) (e) applies—the 1st general election after the\ndissolution of the Assembly; or\n(b) if subsection (1) (f) applies—the general election for which the\npolling day marks the end of the member’s term of office.\n\nChapter 2 Defined benefits scheme\nPart 2.1 Preliminary\nSection 3B\npage 4 Legislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\nR9\n01/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChapter 2 Defined benefits scheme\nPart 2.1 Preliminary\n3B Application—ch 2\nThis chapter applies in relation to a member elected before the 2008\ngeneral election, in relation to a relevant period of service by the\nmember, until the earlier of the following events:\n(a) the member’s discontinuance;\n(b) if the member makes an election under section 18A (Members\nmay transfer to choice of funds scheme)—the amount of the\nmember’s benefit under this chapter is paid under the section.\nNote Elected—see the dictionary.\n3C Definitions—ch 2\nIn this chapter:\nboard means the Australian Capital Territory Legislative Assembly\nMembers Superannuation Board established under section 4.\ninvalidity, in relation to a person, means a permanent disability to\nwhich at least 2 doctors certify, and that the board decides, is likely\nto result in an inability ever to work in an occupation for which the\nperson is reasonably qualified by education, training or experience.\nrelevant period of service means the period during which a person\nserved as a member in consecutive terms, but does not include a\nperiod of service in relation to which the person has received a\nsuperannuation benefit under this chapter.\n\nDefined benefits scheme Chapter 2\nLegislative Assembly Members Superannuation Board Part 2.2\nEstablishment of board Division 2.2.1\nSection 4\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2.2 Legislative Assembly Members\nSuperannuation Board\nDivision 2.2.1 Establishment of board\n4 Establishment\nThere shall be an Australian Capital Territory Legislative Assembly\nMembers Superannuation Board.\n5 Functions\n(1) The board shall be responsible for the administration of this chapter.\n(2) Without limiting subsection (1), the board shall be responsible for—\n(a) determining entitlements in accordance with this chapter; and\n(b) determining applications for retirement on the grounds of\ninvalidity.\n6 Powers\nThe board has power to do all things necessary or convenient to be\ndone for or in connection with the performance of its functions.\nDivision 2.2.2 Constitution and operation\n7 Constitution\n(1) The board is constituted by 4 persons, being—\n(a) the Speaker of the Legislative Assembly or, in the absence of\nthe Speaker, the Deputy Speaker; and\n(b) a government member elected in accordance with the relevant\nprocedures at a meeting, convened by the Speaker, of\ngovernment members or an alternate government member\nelected in accordance with the relevant procedures at a\n\nChapter 2 Defined benefits scheme\nPart 2.2 Legislative Assembly Members Superannuation Board\nDivision 2.2.2 Constitution and operation\nSection 8\npage 6 Legislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\nR9\n01/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nmeeting, convened by the Speaker, of government members;\nand\n(c) an opposition member elected in accordance with the relevant\nprocedures at a meeting, convened by the Speaker, of\nopposition members or an alternate opposition member elected\nin accordance with the relevant procedures at a meeting,\nconvened by the Speaker, of opposition members; and\n(d) the director-general of the administrative unit responsible for\nthe Financial Management Act 1996.\n(2) In this section:\ngovernment member means a member of the Executive or a\nmember who belongs to a party, or is associated with a group of\nmembers, represented on the Executive.\nopposition member means a member who is not a government\nmember.\nrelevant procedures means the procedures laid down in the\nStanding Orders of the Legislative Assembly for the election of the\nSpeaker.\n(3) The performance of the functions or the exercise of the powers of\nthe board is not affected by reason only of a vacancy in the\nmembership of the board.\n8 Chair of board\nThe Speaker or, in the absence of the Speaker, the Deputy Speaker\nis the chair of the board.\n9 Secretary of board\nThe director-general of the administrative unit responsible for the\nFinancial Management Act 1996 is the secretary of the board.\n\nDefined benefits scheme Chapter 2\nLegislative Assembly Members Superannuation Board Part 2.2\nConstitution and operation Division 2.2.2\nSection 10\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Meetings\n(1) The chair shall convene a meeting of the board—\n(a) whenever the chair considers necessary for the efficient\nperformance of its functions; and\n(b) upon the written request of any member.\n(2) Where the chair proposes to convene a meeting of the board, he or\nshe shall, not later than 5 days before the date of the proposed\nmeeting, give each member of the board a notice in writing\nspecifying—\n(a) the date, time and place of the meeting; and\n(b) the matters to be considered at the meeting.\n11 Procedure at meetings\n(1) The chair shall preside at all meetings of the board at which he or\nshe is present.\n(2) Where the chair is absent from a meeting a member of the board\nchosen by those present shall preside at the meeting.\n(3) The member of the board presiding at a meeting may give directions\nregarding the procedure to be followed at the meeting.\n(4) At a meeting, 3 members of the board constitute a quorum.\n(5) Questions arising at a meeting shall be decided by a majority of the\nvotes of the members of the board present and voting.\n(6) The presiding member has a deliberative vote and, in the event of an\nequality of votes, a casting vote.\n(7) The board shall keep minutes of its proceedings.\n\nChapter 2 Defined benefits scheme\nPart 2.2 Legislative Assembly Members Superannuation Board\nDivision 2.2.2 Constitution and operation\nSection 11A\npage 8 Legislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\nR9\n01/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11A Annual report by board\nThe board must, after each 30 June, present to the Legislative\nAssembly a report of the board’s operations during the financial\nyear ending on that date.\n\nDefined benefits scheme Chapter 2\nEntitlements of members Part 2.3\nSection 12\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2.3 Entitlements of members\n12 Eligibility\nA person who holds, or has held, office as a member is eligible on\nthe person’s discontinuance to receive benefits under this chapter in\nrelation to the person’s relevant period of service.\n13 Members’ contributions\nA member must pay 5% of the member’s salary into the territory\nbanking account in respect of superannuation benefits.\n15 Superannuation benefit\n(1) Superannuation benefit is payable to a person entitled to a benefit\nunder section 12, in respect of the person’s relevant period of\nservice, by way of a lump sum calculated in accordance with the\nfollowing formula:\nSPABSD \nwhere:\nBSD means the basic salary payable, on the date of that person’s\ndiscontinuance, to members who are not office-holders.\nSPA means the sum of the person’s annual percentage accruals\ncalculated in accordance with subsection (2).\n(2) Annual percentage accruals are calculated as at 30 June each year\nfor the financial year ended on that date during the continuance of a\nmember’s relevant period of service and at 30 June in the financial\nyear during which the member’s discontinuance occurred, and are\nequal to 29% for each full year of service.\n\nChapter 2 Defined benefits scheme\nPart 2.3 Entitlements of members\nSection 15\npage 10 Legislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\nR9\n01/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Where a member has been an office-holder during any part of a\nfinancial year the member’s annual percentage accrual for that year\nis increased by multiplying the 29% referred to in subsection (2) by\na number calculated in accordance with the following formula:\nTSPM\nTSR\nwhere:\nTSR means the total salary received by that member during that\nfinancial year.\nTSPM means the total basic salary which would have been received\nby the member during that financial year had the member not been\nan office-holder at any time during that financial year.\n(4) Where a person was not a member during the whole of the financial\nyear the person’s annual percentage accrual for that year is reduced\nby multiplying that 29% referred to in subsection (2) by a number\ncalculated in accordance with the following formula:\n365\nNDM\nwhere:\nNDM means the number of days in that financial year on which that\nperson was a member.\n(5) In this section:\noffice-holder means a member who receives additional salary under\nthe remuneration tribunal’s determination in relation to the\nLegislative Assembly.\n\nDefined benefits scheme Chapter 2\nEntitlements of members Part 2.3\nSection 16\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16 Death or invalidity benefit\n(1) Where—\n(a) a member’s discontinuance is due to death or invalidity; and\n(b) the member was under 60 years of age on the date of the\nmember’s discontinuance;\na further benefit is payable in accordance with this section.\n(2) The further benefit under subsection (1) is calculated by dividing the\nsuperannuation benefit payable to the member under section 15 by\nthe number of days in the member’s relevant period of service and\nthen multiplying the quotient by the number of days from the date of\nthe member’s discontinuance until the date on which the member\nwould attain the age of 60 years.\n17 Payment to estate\nWhere a person—\n(a) becomes eligible to receive a benefit under this chapter; and\n(b) dies before that benefit is paid;\nthe benefit is payable to the estate of that person.\n18 Preservation of benefit\n(1) This section applies to a person who becomes entitled to a\nsuperannuation benefit under this chapter if the person—\n(a) is less than 55 years old; or\n(b) is at least 55 years old but remains a member of the workforce.\n(2) The benefit is payable—\n(a) if the person is leaving Australia permanently or the\nentitlement is because of a discontinuance caused by the\nperson’s death or invalidity—immediately to the person; or\n\nChapter 2 Defined benefits scheme\nPart 2.3 Entitlements of members\nSection 18A\npage 12 Legislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\nR9\n01/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) in any other case—\n(i) to an eligible choice fund chosen by the person; or\n(ii) if the person does not choose an eligible choice fund\nwithin 3 months after the day the person becomes entitled\nto the benefit—the default fund.\n(3) For subsection (2) (b) (i), the choice must be in writing given to the\nboard.\n18A Members may transfer to choice of funds scheme\n(1) A member may elect to transfer the amount of the member’s\nbenefits under this chapter to a fund chosen by the member under\nsection 23 (Choice of fund by members).\n(2) An election must be in writing given to the board.\n(3) The board must—\n(a) determine the amount of the member’s benefit under section 15\n(Superannuation benefit) as if the member were entitled to\nreceive a benefit under section 12 (Eligibility); and\n(b) pay the amount to the fund.\n\nDefined benefits scheme Chapter 2\nNotification and review of decisions Part 2.4\nSection 19\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2.4 Notification and review of\ndecisions\n19 Definitions—pt 2.4\nIn this part:\ninternally reviewable decision means a decision of the board under\nthis Act.\ninternal review notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67B (1).\nreviewable decision means a decision of the board—\n(a) in relation to an internally reviewable decision; or\n(b) to refuse to extend the period for applying for reconsideration\nof a decision under section 21 (3).\n20 Internal review notices\nIf the board makes an internally reviewable decision, the board must\ngive an internal review notice to each entity that has interests\naffected by the decision.\nNote The requirements for internal review notices are prescribed under the\nACT Civil and Administrative Tribunal Act 2008.\n21 Applications for reconsideration\n(1) An entity that has interests affected by a reviewable decision may\napply to the board for reconsideration of the decision.\n(2) The application must—\n(a) be in writing; and\n(b) state the applicant’s name and address; and\n(c) set out the applicant’s reasons for making the application.\n\nChapter 2 Defined benefits scheme\nPart 2.4 Notification and review of decisions\nSection 21A\npage 14 Legislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\nR9\n01/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The application must be given to the secretary of the board within—\n(a) 30 days after the day the applicant is given the internal review\nstatement; or\n(b) a longer period allowed by the board before or after the end of\nthe 30-day period.\n21A Reconsideration\nThe board must, within 30 days after the board receives the\napplication for reconsideration—\n(a) confirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute its own decision.\n21B Reviewable decision notices\nIf the board makes a reviewable decision, the board must give a\nreviewable decision notice to each entity that must be given an\ninternal review notice.\nNote 1 The board must also take reasonable steps to give a reviewable decision\nnotice to anyone whose interests are affected by the decision (see ACT\nCivil and Administrative Tribunal Act 2008, s 67A).\nNote 2 The requirements for reviewable decision notices are prescribed under\nthe ACT Civil and Administrative Tribunal Act 2008.\n21C Applications to ACAT\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity that is given a reviewable decision notice;\n(b) any other person whose interests are affected by the decision.\nNote If a form is approved under the ACT Civil and Administrative Tribunal\nAct 2008 for the application, the form must be used.\n\nDefined benefits scheme Chapter 2\nNotification and review of decisions Part 2.4\nSection 21C\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n\nChapter 3 Choice of funds scheme\nSection 22\npage 16 Legislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\nR9\n01/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChapter 3 Choice of funds scheme\n22 Application—ch 3\nThis chapter applies to a person who is elected as a member at or\nafter the 2008 general election, other than someone to whom\nchapter 2 (Defined benefits scheme) applies.\nNote Elected—see the dictionary.\n23 Choice of fund by members\n(1) A member may choose an eligible choice fund to which\ncontributions under section 24 are to be paid for the member’s\nbenefit.\n(2) The member may change the member’s choice.\n(3) The choice, or change of choice, must be in writing given to the\nSpeaker.\n24 Territory contributions\n(1) The Territory must pay the prescribed amount for a member to the\nrelevant fund for the member.\n(2) In this section:\ndesignated percentage means—\n(a) 14%; or\n(b) if another percentage is prescribed by regulation—the\nprescribed percentage.\n\nChoice of funds scheme Chapter 3\nSection 24\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprescribed amount, in relation to a member, means—\n(a) if the member has made an election under section 18A\n(Members may transfer to choice of funds scheme) and a\ndiscontinuance is taken not to apply to the member after the\nelection was made—an amount equal to 24% of the member’s\nsalary for each year, or part of a year, that the member is a\nmember of the Legislative Assembly; or\n(b) in any other case—\n(i) an amount equal to the designated percentage of the\nmember’s salary for each year, or part of a year, that the\nmember is a member of the Legislative Assembly; and\n(ii) if, for a period, the member contributes to the member’s\nrelevant fund at the rate of 3% or more of the member’s\nsalary for the period—an additional amount equal to 1%\nof the member’s salary for the period.\nrelevant fund, in relation to a member, means—\n(a) if a choice under section 18A (Members may transfer to choice\nof funds scheme) or section 23 (Choice of fund by members)\nhas been made by the member—the chosen fund; or\n(b) in any other case—the default fund.\n\nChapter 4 Miscellaneous\nSection 25\npage 18 Legislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\nR9\n01/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChapter 4 Miscellaneous\n25 Regulation-making power\nThe Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative\nAssembly, under the Legislation Act.\n\nDictionary\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n ACAT\n Deputy Speaker\n director-general (see s 163)\n exercise\n function\n Legislative Assembly\n remuneration tribunal\n reviewable decision\n Self-Government Act\n Speaker.\nboard, for chapter 2 (Defined benefits scheme)—see section 3C.\ndefault fund means—\n(a) First State Super; or\n(b) if another eligible choice fund is prescribed by regulation—the\nprescribed fund.\ndiscontinuance—see section 3A.\nelected, in relation to a member, includes a person declared elected\nunder either of the following provisions of the Electoral Act 1992:\n(a) section 194 (1) (Determination of candidate to fill vacancy);\n(b) section 195 (1) (Assembly nominees).\neligible choice fund means an eligible choice fund under the\nSuperannuation Guarantee (Administration) Act 1992 (Cwlth),\nsection 32D.\n\nDictionary\npage 20 Legislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\nR9\n01/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ngeneral election means a general election of members.\ninternally reviewable decision, for part 2.4 (Notification and review\nof decisions)—see section 19.\ninternal review notice, for part 2.4 (Notification and review of\ndecisions)—see section 19.\ninvalidity, for chapter 2 (Defined benefits scheme)—see section 3C.\nmember means a member of the Legislative Assembly.\nrelevant period of service, for chapter 2 (Defined benefits\nscheme)—see section 3C.\nreviewable decision, for part 2.4 (Notification and review of\ndecisions)—see section 19.\nsalary, of a member, means the member’s salary including any\nadditional salary but not including allowances.\n\nEndnotes\nAbout the endnotes 1\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation history and\nthe amendment history. These details are underlined. Uncommenced provisions\nand amendments are not included in the republished law but are set out in the last\nendnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 22 Legislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\nR9\n01/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThe Legislative Assembly (Members’ Superannuation) Act 1991 was originally\nthe Superannuation (Legislative Assembly Members) Act 1991. It was renamed\nby the Superannuation (Legislative Assembly Members) Amendment Act 2008\nA2008-40 (see s 5).\nLegislative Assembly (Members’ Superannuation) Act 1991 A1991-93\nnotified 24 December 1991 (Gaz 1991 No S155)\ns 1, s 2 commenced 24 December 1991 (s 2 (1))\nremainder commenced 6 January 1992 (s 2 (2) and Gaz 1992 No S1)\nas amended by\nAdministrative Appeals (Consequential Amendments) Act 1994\nA1994-60 sch 1\nnotified 11 October 1994 (Gaz 1994 No S197)\ns 1, s 2 commenced 11 October 1994 (s 2 (1))\nsch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)\nFinancial Management and Audit (Consequential and Transitional\nProvisions) Act 1996 A1996-26 sch pt 33\nnotified 1 July 1996 (Gaz 1996 No S130)\nsch pt 33 commenced 1 July 1996 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 372\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 372 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.63\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.63 commenced 2 June 2005 (s 2 (1))\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.95\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.95 commenced 12 April 2007 (s 2 (1))\n\nEndnotes\nAmendment history 4\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.54\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.54 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.67\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.67 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nSuperannuation (Legislative Assembly Members) Amendment\nAct 2008 A2008-40\nnotified LR 3 September 2008\ns 1, s 2 commenced 3 September 2008 (LA s 75 (1))\nremainder commenced 4 September 2008 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.93\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.93 commenced 1 July 2011 (s 2 (1))\n4 Amendment history\nPreliminary\nch 1 hdg ins A2008-40 s 4\nPreliminary\npt 1 hdg om A2008-40 s 4\nName of Act\ns 1 sub A2007-3 amdt 3.477; A2008-40 s 5\nDictionary\ns 2 om A2001-44 amdt 1.3946\nins A2007-3 amdt 3.480\nNotes\ns 3 defs reloc to dict A2007-3 amdt 3.479\nsub A2007-3 amdt 3.480\ndef approved deposit fund om A2007-3 amdt 3.478\ndef approved purposes om A2007-3 amdt 3.478\n\nEndnotes\n4 Amendment history\npage 24 Legislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\nR9\n01/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef approved rules om A2007-3 amdt 3.478\ndef superannuation fund om A2007-3 amdt 3.478\nMeaning of discontinuance\ns 3A ins A2008-40 s 6\nDefined benefits scheme\nch 2 hdg ins A2008-40 s 7\nLegislative Assembly Members Superannuation Board\npt 2 hdg om A2008-40 s 7\nPreliminary\npt 2.1 hdg ins A2008-40 s 7\nEstablishment, functions and powers of board\ndiv 2.1 hdg (prev pt 2 div 1 hdg) renum R2 LA\nom A2008-40 s 7\nApplication—ch 2\ns 3B ins A2008-40 s 7\nDefinitions—ch 2\ns 3C ins A2008-40 s 7\ndef board ins A2008-40 s 7\ndef invalidity ins A2008-40 s 7\ndef relevant period of service ins A2008-40 s 7\nLegislative Assembly Members Superannuation Board\npt 2.2 hdg ins A2008-40 s 7\nEstablishment of board\ndiv 2.2.1 hdg ins A2008-40 s 7\nFunctions\ns 5 am A2008-40 s 8\nConstitution and meetings\ndiv 2.2 hdg (prev pt 2 div 2 hdg) renum R2 LA\nom A2008-40 s 9\nConstitution and operation\ndiv 2.2.2 hdg ins A2008-40 s 9\nConstitution\ns 7 am A2005-20 amdt 3.403; A2011-22 amdt 1.285\nChair of board\ns 8 sub A2008-28 amdt 3.163\nSecretary of board\ns 9 sub A2008-28 amdt 3.163\nam A2011-22 amdt 1.286\n\nEndnotes\nAmendment history 4\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nMeetings\ns 10 am A2008-28 amdt 3.164\nProcedure at meetings\ns 11 am A2008-28 amdt 3.164\nAnnual report by board\ns 11A ins A2008-40 s 10\nEntitlements of members\npt 2.3 hdg ins A2008-40 s 11\nEligibility\ns 12 sub A2008-40 s 12\nMembers’ contributions\ns 13 am A1996-26 sch pt 33\nsub A2008-40 s 12\nEntitlements of former members\ns 14 am A1996-26 sch pt 33\nom A2008-40 s 12\nSuperannuation benefit\ns 15 am A2008-40 s 13, amdts 1.1-1.4\nDeath or invalidity benefit\ns 16 am A2008-40 s 14, amdt 1.5\nPayment to estate\ns 17 am A2008-40 s 15\nPreservation of benefit\ns 18 am A2007-3 amdt 3.481\nsub A2008-40 s 16\nMembers may transfer to choice of funds scheme\ns 18A ins A2008-40 s 16\nNotification and review of decisions\npt 2.4 hdg ins A2008-40 s 17\nsub A2008-37 amdt 1.298\nDefinitions—pt 2.4\ns 19 sub A2008-37 amdt 1.298\ndef internally reviewable decision ins A2008-37 amdt 1.298\ndef internal review notice ins A2008-37 amdt 1.298\ndef reviewable decision ins A2008-37 amdt 1.298\nInternal review notices\ns 20 am A1994-60 sch 1\nsub A2008-37 amdt 1.298\n\nEndnotes\n4 Amendment history\npage 26 Legislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\nR9\n01/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nApplications for reconsideration\ns 21 am A1994-60 sch 1\nsub A2008-37 amdt 1.298\nReconsideration\ns 21A ins A2008-37 amdt 1.298\nReviewable decision notices\ns 21B ins A2008-37 amdt 1.298\nApplications to ACAT\ns 21C ins A2008-37 amdt 1.298\nChoice of funds scheme\nch 3 hdg ins A2008-40 s 18\nEntitlements of members\npt 3 hdg om A2008-40 s 11\nApplication—ch 3\ns 22 sub A2008-40 s 18\nChoice of fund by members\ns 23 sub A2001-44 amdt 1.3947; A2008-40 s 18\nTerritory contributions\ns 24 ins A2008-40 s 18\nMiscellaneous\nch 4 hdg ins A2008-40 s 18\nReview of decisions\npt 4 hdg om A2008-40 s 17\nRegulation-making power\ns 25 ins A2008-40 s 18\nMiscellaneous\npt 5 hdg om A2008-40 s 18\nTransitional—Superannuation (Legislative Assembly Members) Amendment\nAct 2008\nch 10 hdg ins A2008-40 s 18\nexp 4 September 2009 (s 101)\nTransitional regulations\ns 100 ins A2008-40 s 18\nexp 4 September 2009 (s 101)\nExpiry—ch 10\ns 101 ins A2008-40 s 18\nexp 4 September 2009 (s 101)\n\nEndnotes\nEarlier republications 5\nR9\n01/07/11\nLegislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\ndict ins A2007-3 amdt 3.482\nsub A2008-40 s 19\nam A2008-37 amdt 1.299, amdt 1.300; A2011-22 amdt 1.287\ndef board reloc from s 3 A2007-3 amdt 3.479\nsub A2008-40 s 19\ndef contributing member am A1996-26 sch pt 33\nreloc from s 3 A2007-3 amdt 3.479\nom A2008-40 s 19\ndef default fund ins A2008-40 s 19\ndef discontinuance reloc from s 3 A2007-3 amdt 3.479\nsub A2008-40 s 19\ndef elected ins A2008-40 s 19\ndef eligible choice fund ins A2008-40 s 19\ndef general election reloc from s 3 A2007-3 amdt 3.479\nsub A2008-40 s 19\ndef internally reviewable decision ins A2008-37 amdt 1.301\ndef internal review notice ins A2008-37 amdt 1.301\ndef invalidity reloc from s 3 A2007-3 amdt 3.479\nsub A2008-40 s 19\ndef member reloc from s 3 A2007-3 amdt 3.479\nsub A2008-40 s 19\ndef office-holder reloc from s 3 A2007-3 amdt 3.479\nom A2008-40 s 19\ndef relevant period of service reloc from s 3 A2007-3\namdt 3.479\nsub A2008-40 s 19\ndef reviewable decision ins A2008-37 amdt 1.301\ndef salary ins A2008-40 s 19\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1994-60 28 February 1995\n2 A2001-44 20 December 2001\n\nEndnotes\n5 Earlier republications\npage 28 Legislative Assembly (Members’ Superannuation) Act\n1991\nEffective: 01/07/11\nR9\n01/07/11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication No Amendments to Republication date\n3 A2005-20 2 June 2005\n4 A2007-3 12 April 2007\n5 A2008-28 26 August 2008\n6 A2008-40 4 September 2008\n7 A2008-40 2 February 2009\n8 A2008-40 5 September 2009\n© Australian Capital Territory 2011","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act now operates two distinct regimes where previously it implemented a single defined‑benefit scheme. The republication shows that, from the 2008 amendments, members elected at or after the 2008 general election are covered by a choice‑of‑funds scheme with Territory employer contributions (s 22–24), while members elected before 2008 remain under the defined‑benefit rules (s 3B, ch 2). The Act also added a statutory transfer mechanism allowing defined‑scheme members to move accrued amounts into the choice scheme (s 18A) and introduced new employer contribution mechanics (designated percentage, 14% default, and a 24% measure in specified transfer circumstances) (s 24). These amendments change who bears which financial risks (lump‑sum accrued liabilities versus ongoing employer contribution flows) and add member fund choice and administrative procedures (ss 23–24, dict.)."},"complexity_factors":["Two parallel schemes keyed to election date (pre‑2008 defined benefits vs post‑2008 choice scheme) (s 3B, s 22)","Detailed arithmetic benefit formula with year‑by‑year accruals and adjustments for part‑years and office‑holder status (s 15)","Board governance rules and delegated discretion over invalidity and entitlements (ss 4–7, s 3C)","Interaction between transfer option (s 18A) and choice scheme contribution rules (s 24(2)(a))","Statutory timelines and procedural requirements for internal review and ACAT appeal (pt 2.4, ss 20–21A, s 21C)","Multiple defined terms and cross‑references, including default fund and eligible choice fund in the dictionary","Regulation‑making power that can change details such as prescribed percentages and eligible funds (s 25, dict.)"],"plain_english_summary":"The law creates two parallel superannuation regimes for ACT Legislative Assembly members determined by election date: a defined‑benefit lump‑sum accrual scheme for pre‑2008 members (with member contributions and a statutory formula) and a choice‑of‑funds, employer‑contribution scheme for members elected 2008 onward. It names a small board to administer the defined scheme, sets contribution and payment mechanics, allows transfers/choices, and requires internal review rights with ACAT appeal — shifting liability from fixed accruals to ongoing employer contributions for newer members."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original purpose. Originally enacted as the Superannuation (Legislative Assembly Members) Act 1991, it initially established a single defined benefits scheme for all MLAs. The 2008 amendments (A2008-40) fundamentally restructured the Act to create a dual-system: maintaining the defined benefits scheme only for pre-2008 members while introducing a modern 'choice of funds' accumulation scheme for members elected from 2008 onwards. This represented a major policy shift from a uniform defined benefit approach to a hybrid system accommodating both legacy entitlements and contemporary superannuation practices. The Act was also renamed to reflect this broader scope."},"complexity_factors":["Dual scheme structure with different rules for pre-2008 and post-2008 members, requiring readers to identify which chapter applies","Mathematical formulas for calculating benefits (section 15) involving multiple variables and conditional multipliers","Cross-references to external legislation including the Superannuation Guarantee (Administration) Act 1992 (Cwlth), ACT Civil and Administrative Tribunal Act 2008, and Financial Management Act 1996","Defined terms scattered between the Dictionary and specific chapter definitions (section 3C)","Conditional logic for benefit preservation (section 18) with exceptions for permanent departure from Australia, death, and invalidity","Transitional provisions (now expired) and amendment history showing significant restructuring in 2008","Review and appeal mechanisms involving multiple stages (internal review, reconsideration, ACAT application)"],"plain_english_summary":"This Act sets up the superannuation (retirement savings) arrangements for elected members of the ACT Legislative Assembly.\n\n**Who it affects:**\n- **MLAs elected before the 2008 general election**: They are covered by a 'defined benefits scheme' (Chapter 2). This is a traditional pension-style arrangement where benefits are calculated based on years of service and salary.\n- **MLAs elected from 2008 onwards**: They are covered by a 'choice of funds scheme' (Chapter 3). This works like most modern superannuation — the Territory pays contributions into a fund chosen by the member.\n\n**What it does:**\n\n**For pre-2008 members (Defined Benefits):**\n- Establishes a **Legislative Assembly Members Superannuation Board** (made up of the Speaker, a government member, an opposition member, and a senior public servant) to administer the scheme.\n- Members contribute 5% of their salary.\n- When they leave office (by resignation, retirement, death, etc.), they receive a lump sum calculated as: **basic salary × 29% × years of service** (with adjustments for office-holder roles and partial years).\n- Extra benefits apply if they die or become permanently disabled before age 60.\n- Benefits are generally 'preserved' (locked away) until age 55 or retirement, unless the member is leaving Australia permanently or has died/become disabled.\n- Members can transfer their benefits to the modern 'choice of funds' scheme if they prefer.\n\n**For post-2008 members (Choice of Funds):**\n- Members choose their own superannuation fund (any eligible choice fund under Commonwealth law).\n- The Territory pays contributions of **14% of salary** (or a different rate if regulations change), plus an extra 1% if the member contributes at least 3% themselves.\n- Members who transferred from the old scheme get a higher contribution rate of 24%.\n\n**Why it matters:**\nThis Act creates a two-tier system reflecting a major shift in public sector superannuation. Older members keep a generous defined benefit arrangement (guaranteed payouts based on service), while newer members are on a standard accumulation scheme (dependent on investment returns). It also provides a clear process for reviewing decisions through internal reconsideration and appeals to the ACT Civil and Administrative Tribunal (ACAT)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/legislative-assembly-members-superannuation-act-1991","history":"/api/acts/legislative-assembly-members-superannuation-act-1991/history","analysis":"/api/acts/legislative-assembly-members-superannuation-act-1991/analysis","conflicts":"/api/acts/legislative-assembly-members-superannuation-act-1991/conflicts","importantCases":"/api/acts/legislative-assembly-members-superannuation-act-1991/important-cases","documents":"/api/acts/legislative-assembly-members-superannuation-act-1991/documents"}}