Emergency Services Superannuation Act 1986

20 Scheme may be supplemented by Consolidated Fund 55

20A Contributions 56

20AA Additional contributions 61

20B Membership 62

20C Accrued benefits 64

20D Retirement of contributor 69

20E Death of contributor or police recruit 70

20F Disability of contributor or police recruit 73

20G Temporary pension for illness or injury 79

20H Termination due to ill health 81

20I Indexation of pensions 82

20J Retrenchment of contributor 83

20K Other termination of service of contributor 83

20L Restriction of death and disability benefits 84

20M Optional contributions during leave of absence 86

20MA Notional contribution rate during leave of absence 87

20N Nominated personal representatives 87

20NA Registration of names of dependants 88

20O Death benefit when no dependants 88

20P Payment of benefits in case of multiple claimants 89

20PA Entitlements in respect of returning members who are operational staff members 90

20Q Separate employer accounts 91

20R Remittance of contributions 92

20S Minimum Requisite Benefit 92

20T Transition to retirement pension 93

Part 3A—ESSPLAN Scheme 94

21 Definitions 94

21A ESSPLAN Scheme 96

21B Membership of ESSPLAN 97

21C Employer contributions 99

21D Member's contributions for ESSPLAN 100

21E Amount and payment of benefits under ESSPLAN 101

21F Disability and death cover under ESSPLAN 101

21FA Optional additional disability and death cover under ESSPLAN 104

21G Disability and death insurance under ESSPLAN 105

21H Amount and payment of disability or death benefits 105

21I Member's accounts for ESSPLAN 106

21IA Contribution splitting 107

21J Beneficiaries Accounts 109

21JA Spouse Accounts 111

21JB Optional disability and death cover for eligible spouses 113

21K Investment funds 114

21L Net earning rate 115

21M Roll over or transfer of preserved benefit 115

21N Transfer to or from new scheme 116

21O Roll over or transfer of benefits to other fund 116

Part 4—Transfer from other superannuation funds 118

22 Pensions for former contributors to other funds 118

22A Transfer of assets and liabilities of Police Pensions Fund and Police Superannuation Fund 119

22B Transfer of assets in respect of VEISF beneficiaries 119

22C Provisions relating to transferred beneficiaries 121

22D Commutation of pension not exceeding declared rate 122

Part 4AA—Transfer of the State Superannuation Fund and transfer of administration of the MTA Superannuation Fund and related matters 123

22DA Definitions 123

22DB Transfer of assets and liabilities of the State Superannuation Fund 123

22DC Board is successor in law 124

22DD Exemption from stamp duty or other tax 126

22DE Transitional provision—Registrar of Titles 126

Part 4AB—Transfer of administration of declared public sector superannuation schemes 127

22DF Application of this Part 127

22DG Declaration of administered schemes 127

22DH Board is successor in law 127

22DI Conflict between duties, functions and powers 128

22DJ Matters which may be included in Order in Council 129

22DK General provisions relating to Orders in Council 129

22DL Exemption from stamp duty or other tax 130

22DM Transitional provision—Registrar of Titles 131

Part 4AC—Transfer of the Parliamentary Contributory Superannuation Fund and related matters 132

22DN Definitions 132

22DO Transfer of assets and liabilities of the Parliamentary Contributory Superannuation Fund 132

22DP Board is successor in law 133

22DQ Exemption from stamp duty or other tax 134

22DR Transitional provision—Registrar of Titles 134

22DS Actuarial investigation 134

22DT Scheme may be supplemented by Consolidated Fund 135

Part 4AD—Transfer of the Port of Melbourne Superannuation Fund 136

22DU Definitions 136

22DV Appointed day 136

22DW Transfer of assets and liabilities of the Port Fund 137

22DX Board is Trustee 137

22DY References to governing instrument 138

22DZ Exemption from stamp duty or other tax 138

22DZA Transitional provision—Registrar of Titles 138

Part 4A—Family law provisions 139

22E Definitions 139

22EA Accrued benefit multiple 142

22F Obligation on Board 142

22G Reduction of benefit or accrued benefit entitlement 145

22H Board may provide additional information 146

22I Charging of fees 146

Part 5—Review of decisions of Board 148

23 Person may request Board to reconsider decision 148

Part 6—General 150

23AA Payment of benefits subject to specified standards 150

23A Application for disability benefit 150

24 Medical issues 150

25 Disclosure of contents of medical reports 151

25A Taxation on benefits 151

25AA No detriment provision 155

25B Surcharge debt account 157

25C Commutation of pension to meet surcharge liability 160

26 Assignment or charging of interest 161

26A Early release of benefits 162

27 Money owing to the Scheme 162

27A Unpaid lump sum benefits 163

28 Minors 163

28A Payment of benefits if person is incapable of managing financial affairs 163

29 Board may require information 164

29A Specified standards 166

Part 7—Regulations 168

31 Regulations generally 168

32 Regulations under this Act 169

Part 8—Transitional provisions 171

33 Victoria Police Act 2013 171

34 Superannuation Legislation Amendment Act 2025—definition of salary 171

35 Superannuation Legislation Amendment Act 2025—members of the Board 173

Endnotes 175

1 General information 175

2 Table of Amendments 177

3 Explanatory details 185

Version No. 087

Emergency Services Superannuation Act 1986

No. 94 of 1986

Version incorporating amendments as at

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

S. 1 amended by No. 94/2005 s. 3 (ILA s. 39B(1)).

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.

S. 1(2) inserted by No. 94/2005 s. 3.

(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.

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;

S. 3(1) def. of administered scheme inserted by No. 94/2005 s. 4(1).

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;

S. 3(1) def. of appointed day inserted by No. 94/2005 s. 4(1).

appointed day, in respect of an administered scheme within the meaning of paragraph (b) of the definition of "administered scheme", means the appointed day specified in the Order in Council made under section 22DG in respect of the transfer of the administered scheme;

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

S. 3(1) def. of benefit amended by No. 94/2005 s. 4(2).

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

Board means Emergency Services Superannuation Board;

S. 3(1) def. of Chief Executive Officer inserted by No. 94/2005 s. 4(1).

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 child inserted by No. 27/2001 s. 5(Sch. 3 item 2.1(a)).

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

(a) under 18 years of age; or

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

S. 3(1) def. of complying super-annuation 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), substituted by No. 44/2014 s. 33(Sch. item 10(1)).

consumer price index means the all groups consumer price index in original terms for all capital cities in respect of a half year ending on 30 June or 31 December published by the Australian Bureau of Statistics;

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;

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)).

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

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

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

S. 3(1) def. of disability inserted by No. 4/1996 s. 3(c), amended by No. 82/1996 s. 6(2).

disability means—

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

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

(i) perform his or her duties; and

(ii) perform any other duties for which he or she is suited by education, training or experience or for which he or she would be suited as a result of retraining—

as determined by the Board on the basis of reports provided by at least 2 registered medical practitioners appointed by the Board;

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—

(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);

S. 3(1) def. of eligible beneficiary inserted by No. 43/2008 s. 3, amended by Nos 61/2013 s. 12(a), 5/2019 s. 81(1)(a).

eligible beneficiary means a person who is entitled to a benefit under a Superannuation Act (other than this Act or Part 3 of the Parliamentary Salaries, Allowances and Superannuation Act 1968) 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;

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), 37/2014 s. 10(Sch. item 54.1(b)).

employee means a person who is—

(a) a police officer; or

(b) a police reservist 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

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

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

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

(i) a union; or

(ii) an employee organisation—

which is approved by the Minister; or

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

employer means the employer of—

(a) an employee; or

(b) a police recruit;

S. 3(1) def. of enterprise agreement inserted by No. 32/2025 s. 3(a).

enterprise agreement has the same meaning as in section 12 of the Fair Work Act 2009 of the Commonwealth;

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;

S. 3(1) def. of governing instrument inserted by No. 94/2005 s. 4(1).

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;

S. 3(1) def. of ill health inserted by No. 82/1996 s. 6(1).

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

(a) is not a disability; and

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

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

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

S. 3(1) def. of nominee inserted by No. 82/1996 s. 6(1), amended by No. 70/2003 s. 3, substituted by No. 61/2013 s. 3.

nominee, in relation to a deceased contributor or former contributor, means—

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

(b) any person deemed to be a contributor's nominated 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;

S. 3(1) def. of occupational super-annuation 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), 37/2014 s. 10(Sch. item 54.1(c)).

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 police officer who has completed a course either in Victoria or elsewhere which enables him or her to undertake general duties as a police officer and who has taken and subscribed an oath or affirmation under section 50 of the Victoria Police Act 2013;

(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 or affirmation under section 50 of the Victoria Police Act 2013;

(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 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;

S. 3(1) def. of Parliamentary Contributory Super-annuation Fund inserted by No. 61/2013 s. 12(c), amended by No. 5/2019 s. 81(1)(a).

Parliamentary Contributory Superannuation Fund means the Parliamentary Contributory Superannuation Fund established and kept under Part 3 of the Parliamentary Salaries, Allowances and Superannuation Act 1968 and as in existence immediately before the commencement of section 12 of the Superannuation Legislation Amendment Act 2013;

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).

partner of a person means the person's spouse or domestic partner;

S. 3(1) def. of part-time contributor inserted by No. 82/1996 s. 6(1).

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

S. 3(1) def. of pensioner amended by No. 82/1996 s. 20(3).

pensioner means a person receiving a pension under this Act;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 54.1(a)).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of police recruit substituted by No. 37/2014 s. 10(Sch. item 54.1(d)).

police recruit has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of police reservist inserted by No. 37/2014 s. 10(Sch. item 54.1(a)).

police reservist has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of prior fund inserted by No. 82/1996 s. 6(1).

prior fund means—

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

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

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

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

(e) the State Superannuation Fund operated under the State Superannuation Act 1988;

S. 3(1) def. of protective services officer inserted by No. 38/2009 s. 3(1), substituted by No. 37/2014 s. 10(Sch. item 54.1(e)).

protective services officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of public sector super-annuation 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, substituted as returning officer by No. 37/2014 s. 10(Sch. item 54.1(f)).

returning officer means a person who—

(a) was a police officer; and

(b) is re-appointed under a fixed term agreement as a police officer;

S. 3(1) def. of salary inserted by No. 82/1996 s. 6(1), amended by No. 32/2025 s. 3(b).

salary means—

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

(b) in the case of a contributor who is engaged under a contract of employment, the greater of—

(i) 90 per cent of the contributor's remuneration specified in the contract; or

(ii) the highest salary (exclusive of superannuation) payable to a non‑executive employee who is employed at the contributor's place of employment and to whom an enterprise agreement applies;

Scheme means Emergency Services Superannuation Scheme;

S. 3(1) def. of Secretary inserted by No. 32/2025 s. 3(a).

Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;

S. 3(1) def. of specified standards inserted by No. 4/1996 s. 3(e).

specified standards means standards specified under section 29A;

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 Super-annuation 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 Super-annuation Act inserted by No. 94/2005 s. 4(1), amended by Nos 61/2013 s. 12(b), 37/2014 s. 10(Sch. item 54.1(g)), 5/2019 s. 81(1)(a).

Superannuation Act means—

(a) this Act;

(ab) Part 3 of the Parliamentary Salaries, Allowances and Superannuation Act 1968;

(b) Part III of the Police Regulation (Pensions) 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 super-annuation benefits inserted by No. 94/2005 s. 4(1).

superannuation benefits includes superannuation payments, annuities, pensions, allowances, lump sum payments or other benefits;

S. 3(1) def. of super-annuation system inserted by No. 37/2007 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 surchargeable contributions inserted by No. 29/2000 s. 3(2).

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 surcharge debt account 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 deduction amount inserted by No. 29/2000 s. 3(2).

surcharge deduction amount means, in relation to a person—

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

(b) to or in respect of whom benefits become payable under this Act—

the surcharge deduction amount that is specified in a determination made by the Board under section 25B in relation to the person;

S. 3(1) def. of termination of service inserted by No. 82/1996 s. 6(1).

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

S. 3(1) def. of transferred officer amended by No. 64/1991 s. 4(a).

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.

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).

(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.

S. 3(4) inserted by No. 94/2005 s. 4(5).

(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.

S. 3A inserted by No. 94/2005 s. 5.

3A Declaration of eligible salary sacrifice contributors

The Minister may by notice published in the Government Gazette declare—

(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

S. 4(1) amended by Nos 81/1988 s. 3(c), 49/1992 s. 34.

(1) A person who is an employee and is entitled to any benefits from—

S. 4(1)(a) amended by No. 81/1988 s. 3(b).

(a) the State Superannuation Fund; or

(b) the Hospitals Superannuation Fund; or

S. 4(1)(c) repealed by No. 64/1991 s. 4(b).

(d) any approved superannuation arrangement—

may, within the period or periods determined by the Board, choose to contribute to the Scheme.

S. 4(1A) inserted by No. 81/1988 s. 3(d), amended by No. 82/1996 s. 20(4).

(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.

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).

(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.

S. 4(1BA) inserted by No. 82/1996 s. 20(6).

(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.

S. 4(1D) inserted by No. 81/1988 s. 3(d).

(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—

(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.

S. 4(1DA) inserted by No. 40/2010 s. 5(2).

(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—

(a) is an employee of Ambulance Service—Victoria within the meaning of the Ambulance Services Act 1986 on 1 July 2010; and

S. 4(1DA)(b) substituted by No. 32/2023 s. 99.

(b) transfers to an office of employment with Triple Zero Victoria within the meaning of the Triple Zero Victoria Act 2023.

S. 4(1E) inserted by No. 82/1996 s. 7.

(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 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;

S. 4(1E)(d) amended by No. 36/2019 s. 3.

(d) if a contributor's salary is reduced, on or after 1 July 2019 then, unless the contributor agrees in writing that the reduced salary applies, 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—

"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.

S. 4(2) amended by Nos 82/1996 s. 20(7)(a)(b), 38/1998 s. 15(b).

(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.

(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

(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.

S. 4(7B) inserted by No. 38/2009 s. 4.

(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(7C) 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(8) inserted by No. 43/2008 s. 4.

(8) A returning member who is an operational staff member cannot become a contributor.

S. 4(9) inserted by No. 43/2008 s. 4.

(9) Despite anything to the contrary in this section, an eligible beneficiary—

(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.

S. 4(10) inserted by No. 61/2013 s. 13, amended by No. 5/2019 s. 81(1)(b).

(10) For the avoidance of doubt, despite the transfer of the Parliamentary Contributory Superannuation Fund, a member of the Parliament of Victoria who under Part 3 of the Parliamentary Salaries, Allowances and Superannuation Act 1968 is entitled to be a member of the Scheme cannot become a member of the ESSPLAN Scheme.

S. 4A
inserted by No. 102/1995 s. 3, amended by No. 82/1996 s. 20(9).

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.

(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.

S. 4B inserted by No. 94/2005 s. 6.

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.

S. 4C inserted by No. 94/2005 s. 6.

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.

(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.

S. 4D inserted by No. 94/2005 s. 6.

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.

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 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.

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).

(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

(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).

(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

S. 6(2)(ha) inserted by No. 38/2009 s. 6(2).

(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

(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.

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).

(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.

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, 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.

S. 6(3) amended by No. 94/2005 s. 7(2).

(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.

(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.

S. 6(6) inserted by No. 94/2005 s. 7(3).

(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.

S. 6(7) inserted by No. 94/2005 s. 7(3).

(7) The Board must give effect to a direction issued under subsection (6).

S. 6(8) inserted by No. 94/2005 s. 7(3).

(8) If the Minister issues a direction under subsection (6), the Board must publish that direction in its next annual report.

S. 6A inserted by No. 94/2005 s. 8.

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;

(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;

S. 6A(3)(a)(iv) inserted by No. 43/2008 s. 6.

(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.

S. 6B
inserted by No. 44/2014 s. 3.

6B Prudential superannuation standard

(1) The Governor in Council may by Order in Council make a prudential superannuation standard.

(2) A prudential superannuation standard made under subsection (1)—

(a) must be published in the Government Gazette; and

(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.

(3) The Board must in the performance of its functions and duties comply with a prudential superannuation standard.

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

S. 7(1) amended by No. 32/2025 s. 4(1)(a).

(1) The Board is to consist of 10 members appointed by the Governor in Council of whom—

S. 7(1)(a) amended by No. 37/2014 s. 10(Sch. item 54.2).

(a) 1 is to be a contributor elected by contributors who are employed under the Victoria Police Act 2013 or by the employee organisations representing those contributors; and

S. 7(1)(b) amended by No. 20/2019 s. 168.

(b) 1 is to be a contributor elected by contributors who are officers or employees of Fire Rescue Victoria 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

S. 7(1)(d) substituted by No. 32/2025 s. 4(1)(b).

(d) 2 are to be persons nominated by declared unions; and

S. 7(1)(e) amended by No. 32/2025 s. 4(1)(c).

(e) 5 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.

S. 7(3)–(6) repealed by No. 32/2025 s. 4(2).

(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.

S. 7(11A) inserted by No. 32/2025 s. 4(3).

(11A) For the purposes of subsection (1)(d), a nomination of a person for appointment as a member of the Board must—

(a) be made by one or more declared unions in accordance with the procedures determined by the Minister; and

(b) be approved by the Minister.

S. 7(11B) inserted by No. 32/2025 s. 4(3).

(11B) If the Minister does not approve a nomination of a person for appointment as a member of the Board under subsection (1)(d), a further nomination must be made in accordance with subsection (11A).

S. 7(11C) inserted by No. 32/2025 s. 4(3).

(11C) The Minister, by notice published in the Government Gazette, may declare an organisation that represents or is entitled to represent members of the Scheme to be a union that may nominate persons for appointment as members of the Board under subsection (1)(d).

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

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

contributor means—

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

(b) a person who is a member within the meaning of section 21;

contributor member of the Board means a member of the Board under subsection (1)(a), (1)(b) or (1)(c);

S. 7(13) def. of declared union inserted by No. 32/2025 s. 4(4)(a).

declared union means an organisation declared by the Minister under subsection (11C);

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;

S. 7(13) def. of Scheme member of the Board repealed by No. 32/2025 s. 4(4)(b).

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), repealed by No. 32/2025 s. 5(1).

S. 8(1)(db) inserted by No. 94/2005 s. 10(1).

(db) becomes permanently incapable of performing the duties of office; or

S. 8(1)(e) amended by No. 61/2013 s. 4.

(e) resigns office by writing signed and addressed to the Minister.

S. 8(2) substituted by Nos 84/1998 s. 6, 37/2007 s. 4, 32/2025 s. 5(2).

(2) As soon as practicable after a vacancy arises on the Board because a member appointed to the Board under section 7 dies or otherwise ceases to be a member of the Board, the Governor in Council must appoint another person as a member of the Board.

S. 8(3) repealed by No. 84/1998 s. 6, new s. 8(3) inserted by No. 37/2007 s. 4, substituted by No. 32/2025 s. 5(2).

(3) A person appointed to fill a vacancy on the Board must be elected or nominated for appointment in the same manner as the member who created the vacancy.

S. 8(3A)(3B) inserted by No. 37/2007 s. 4, repealed by No. 32/2025 s. 5(2).

S. 8(4) inserted by No. 49/1992 s. 36, substituted by No. 32/2025 s. 5(2).

(4) If the vacancy is created by a member of the Board appointed under section 7(1)(d), the Secretary must request one or more declared unions to nominate a person for appointment as a member of the Board.

S. 8(5) inserted by No. 32/2025 s. 5(2).

(5) A request by the Secretary under subsection (4) must be made—

(a) in accordance with the procedures determined by the Minister; and

(b) in the case of a vacancy created by the expiry of a member's term, at least 3 months before the expiry of the member's term; and

(c) in any other case, as soon as practicable after the Secretary becomes aware of the vacancy.

S. 8(6) inserted by No. 32/2025 s. 5(2).

(6) In this section—

declared union has the same meaning as in section 7.

S. 9 substituted by No. 84/1998 s. 7,
amended by No. 41/2006 s. 28, substituted by No. 37/2007 s. 5, repealed by No. 32/2025 s. 6.

S. 9A
inserted by No. 37/2007 s. 5, repealed by No. 32/2025 s. 6.

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, amended by No. 32/2025 s. 7.

11 Payment of members

Each member of the Board is entitled to be—

(a) paid such remuneration as the Governor in Council fixes from time to time; and

(b) reimbursed for expenses incurred in the course of performing the duties of office which are expenses approved by the Board.

S. 12 amended by No. 49/1992 s. 37, substituted by No. 94/2005 s. 11.

12 Procedure of the Board

S. 12(1) amended by No. 32/2025 s. 8(1).

(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 of the Board 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.

S. 12(9) substituted by No. 32/2025 s. 8(2).

(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 at least 2 members appointed under section 7(1)(a), (b), (c) or (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.

(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.

S. 12B inserted by No. 110/1993 s. 140, amended by No. 94/2005 s. 10(2).

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.

1. 50 penalty units.

S. 12C inserted by No. 110/1993 s. 140.

12C Committees of the Board

(1) The Board may establish one or more committees of members of the Board.

(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.

S. 12C(3) amended by No. 94/2005 s. 10(3), substituted by No. 32/2025 s. 9.

(3) A committee is to have an equal number of—

(a) members appointed to the Board under section 7(1)(a), (b), (c) and (d); and

(b) members appointed to the Board under section 7(1)(e).

(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.

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.

S. 13 amended by No. 50/1988 s. 93(2)(Sch. 2 Pt 2 item 15), substituted by No. 94/2005 s. 12.

13 Chief Executive Officer

(1) The Chief Executive Officer is subject to the direction and control of the Board.

S. 13(2) substituted by No. 61/2013 s. 5.

(2) The Chief Executive Officer is to be appointed by the Board with the approval of the Minister.

S. 13(3) substituted by No. 61/2013 s. 5.

(3) Subject to this section, the terms and conditions of appointment of the Chief Executive Officer are to be determined by the Board with the approval of the Minister.

S. 13(4)(5) repealed by No. 61/2013 s. 5.

(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.

(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—

(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.

(6) The transfer of an employee by subsection (2) does not constitute a resignation or termination of employment of that employee and the post-transfer 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).

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—

S. 14(a) amended by No. 94/2005 s. 13(b).

(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.

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.

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).

17 Borrowing and investment powers[[1]](#endnote-2)

The Board has the powers conferred on it by the Borrowing and Investment Powers Act 1987.

S. 17A inserted by No. 110/1993 s. 141.

17A Investment funds

The Board may establish special arrangements within the ESSPLAN Scheme to be called investment funds.

S. 17B inserted by No. 94/2005 s. 14.

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;

(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.

S. 18(3) substituted by No. 94/2005 s. 15.

(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(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

S. 19(1)–(6) repealed by No. 31/1994 s. 4(Sch. 2 item 28).

(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.

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.

Pt 3AA (Heading) inserted by No. 94/2005 s. 16.

Part 3AA—Contributions and benefits

S. 20 amended by No. 110/1993 s. 142(a).

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—

S. 20(1)(a) substituted by No. 37/2014 s. 10(Sch. item 54.3).

(a) police officers; or

S. 20(1)(ab) inserted by No. 94/2005 s. 17, amended by No. 20/2019 s. 169.

(ab) officers or employees appointed by Fire Rescue Victoria under the Fire Rescue Victoria Act 1958; or

S. 20(1)(ac) 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)(ad) 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)(ae) inserted by No. 38/2009 s. 7.

(ae) protective services officers other than eligible protective services officers; or

S. 20(1)(af) inserted by No. 38/2009 s. 7.

(af) eligible protective services officers to whom section 4(7A) applies; or

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).

(2) This section does not apply in respect of the ESSPLAN Scheme.

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.

20A Contributions

S. 20A(1) amended by No. 67/2013 s. 649(Sch. 9 item 15(1)).

(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 or the Workplace Injury Rehabilitation and Compensation Act 2013.

(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.

S. 20A(2AA) inserted by No. 36/2019 s. 4(1).

(2AA) Subject to subsection (7A), from 1 July 2019 a contributor may also elect to make contributions at a rate of 9% or 10% of salary.

S. 20A(2A) inserted by No. 94/2005 s. 18, amended by No. 36/2019 s. 4(2).

(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 is the applicable member contribution rate in accordance with subsection (2) or (2AA) without salary sacrifice;

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.

S. 20A(2B) inserted by No. 94/2005 s. 18.

(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;

(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;

S. 20A(2B)(d) amended by No. 36/2019 s. 4(2).

(d) can not be made in respect of any contributions made by a contributor in addition to the member contributions required under subsection (2) or (2AA).

S. 20A(2C) inserted by No. 94/2005 s. 18.

(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—

(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 to s. 20A(2C)(b) inserted by No. 37/2007 s. 6.

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.

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 part-time 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.

S. 20A(4) substituted by No. 32/2025 s. 10.

(4) A contributor may vary the rate of contribution in accordance with the policy determined by the Board, which must allow a contributor to vary the rate of contribution at least once each 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.

(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.

S. 20A(7A) inserted by No. 36/2019 s. 4(3).

(7A) A contributor is permitted to contribute at a rate of 9% or 10% 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, the contributor is an operational staff member whose average contribution rate is less than 7% of their salary over the whole of their period of membership as at the time of the election.

S. 20A(8) amended by No. 36/2019 s. 4(4).

(8) Contributions must cease when the accrued benefit of the member equals the maximum specified in section 20C or if the contributor has elected to take a transition to retirement pension under section 20T, the reduced maximum under section 20T(4).

(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.

(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. 20A(13) inserted by No. 36/2019 s. 4(5).

(13) Subject to subsection (16), for the purposes of making contributions, the salary upon which the contributor is to make contributions is to be fixed as at 1 July each year.

S. 20A(14) inserted by No. 36/2019 s. 4(5).

(14) The employer must within the period of 2 months after 1 July each year notify the Board of any change in the salary of the contributor for the purpose of making contributions.

S. 20A(15) inserted by No. 36/2019 s. 4(5).

(15) The salary as notified in accordance with subsection (14), or if there is no notification in accordance with subsection (14), the last salary notified, is the salary for the purposes of making contributions for the period commencing on 1 September each year and ending on 31 August in the following year.

S. 20A(16) inserted by No. 36/2019 s. 4(5).

(16) If the contribution that a member is liable to make changes because of—

(a) an election by the member under this section, the contributions are to be adjusted from the date on which the Board accepts the election;

(b) a change in the time fraction basis of their employment, the contributions are to be adjusted from the date on which the change to the time fraction basis of their employment took effect.

S. 20AA inserted by No. 36/2019 s. 5.

20AA Additional contributions

(1) If the accrued benefit of a contributor has reached—

(a) the maximum specified in section 20C(2); or

(b) if the contributor has elected to take a transition to retirement pension under section 20T, the multiple of the salary of the contributor that applies under section 20T(4)—

the employer of the contributor must pay additional contributions in respect of the contributor based on the contributor's actual current salary in accordance with the Table in subsection (2).

(2) The Table referred to in subsection (1) is—

| Year | Rate as a percentage of salary | | 2019-2020 | 3 | | 2020-2021 | 3 | | 2021-2022 | 6 | | 2022-2023 | 6 | | 2023-2024 | 8 | | 2024-2025 | 9 | | 2025-2026 | 11 | | 2026-2027 | 12 |

S. 20B inserted by No. 82/1996 s. 10.

20B Membership

S. 20B(1) amended by No. 40/2010 s. 6(a).

(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—

S. 20B(3)(a) amended by No. 67/2013 s. 649(Sch. 9 item 15(2)).

(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 or the Workplace Injury Rehabilitation and Compensation Act 2013; 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

(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

S. 20B(4)(ba) inserted by No. 38/2009 s. 8.

(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

(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

S. 20B(4)(d) amended by No. 36/2019 s. 6.

(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, 20G or 20T) as the Board requires has been repaid to the Scheme together with interest at a rate fixed by the Board; or

S. 20B(4)(e) amended by No. 40/2010 s. 6(c).

(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.

S. 20B(5) inserted by No. 61/2013 s. 6.

(5) A contributor may cease membership of the Scheme at any time after attaining the age of 65 years.

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

(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.

S. 20C(2AA) inserted by No. 32/2005 s. 3(1).

(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

(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.

S. 20C(2AB) inserted by No. 32/2005 s. 3(1), amended by No. 36/2019 s. 7(1).

(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

(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—

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 Table A in subsection (2AC) and, if section 20A(7A) applies, Table B in subsection (2ACA);

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), amended by No. 36/2019 s. 7(2).

(2AC) Table A referred to in subsection (2AB) is—

S. 20C(2ACA) inserted by No. 36/2019 s. 7(3).

(2ACA) Table B referred to in subsection (2AB) is—

S. 20C(2AD) inserted by No. 32/2005 s. 3(1).

(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—

(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.

S. 20C(2AE) inserted by No. 32/2005 s. 3(1).

(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—

(a) the sum of—

S. 20C(2AE)(a)(i) amended by No. 36/2019 s. 7(4).

(i) 7⋅5 times the salary of the contributor, or if the contributor's maximum untaxed benefit multiple of 8.4 has been reduced under section 20T(4), the amount that the Board determines for the purposes of this section, on the advice of the actuary appointed by the Board; 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

S. 20C(2AE)(b) amended by No. 36/2019 s. 7(5).

(b) 8⋅4 times the salary of the contributor, or if the contributor has elected to take a transition to retirement pension under section 20T, the multiple of the salary of the contributor that applies under section 20T(4).

S. 20C(2AF) inserted by No. 32/2005 s. 3(1).

(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—

(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.

S. 20E inserted by No. 82/1996 s. 10.

20E Death of contributor or police recruit

S. 20E(1) amended by Nos 32/2005 s. 4, 61/2013 s. 7(1).

(1) Subject to subsection (7A), 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.

S. 20E(2) amended by Nos 40/2004 s. 16, 61/2013 s. 7(2).

(2) Subject to subsection (7A), 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.

S. 20E(4) amended by No. 61/2013 s. 7(3).

(4) Subject to subsection (7A), 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

S. 20E(4)(b) amended by No. 36/2019 s. 8(1).

(b) the difference between 8⋅40 times the salary and the lump sum under subsection (1), or if the contributor's maximum multiple of 8.4 is reduced under section 20T(4), the difference between the reduced maximum multiple under section 20T(4) times the salary and the lump sum under subsection (1).

S. 20E(5) amended by No. 61/2013 s. 7(4).

(5) Subject to subsection (7A), 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.

S. 20E(6) amended by Nos 61/2013 s. 7(5), 36/2019 s. 8(2).

(6) Subject to subsection (7A), on the termination of the service of a police recruit because of death, the Board must pay to the dependants or, if there are none, to the nominees, 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

S. 20E(6)(b) amended by No. 37/2014 s. 10(Sch. item 54.4) (as amended by No. 21/2015 s. 3(Sch. 1 item 62.2)).

(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 or affirmation under section 50 of the Victoria Police Act 2013.

(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.

S. 20E(7A) inserted by No. 61/2013 s. 7(6).

(7A) Subject to any specified standards, if the contributor or police recruit has given the Board a notice in the form approved by the Board, the Board must pay the death benefit in respect of the contributor or police recruit that is payable under this section in accordance with the notice.

(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.

S. 20E(9) inserted by No. 38/2009 s. 9.

(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.

S. 20F inserted by No. 82/1996 s. 10.

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 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—

(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.

S. 20F(7) amended by No. 67/2013 s. 649(Sch. 9 item 15(3)).

(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 or the Workplace Injury Rehabilitation and Compensation Act 2013 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** 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

**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.

1. 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 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—

(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.

(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.

S. 20F(22) inserted by No. 38/2009 s. 10.

(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.

S. 20F(23) inserted by No. 61/2013 s. 8.

(23) Despite anything to the contrary in this section, a former contributor or former police recruit may at any time within the period of 6 years from the date on which they ceased employment apply to the Board for the payment of a benefit under this section on the ground that they were suffering from disability at the time they ceased employment irrespective of whether the former contributor or former police recruit had made a statement under section 20K(1) at the time that they ceased employment.

S. 20F(24) inserted by No. 61/2013 s. 8.

(24) For the purposes of subsection (23), a reference in this section to the contributor terminating service is to be construed as a reference to the contributor ceasing employment.

S. 20G inserted by No. 82/1996 s. 10.

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.

(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.

S. 20H inserted by No. 82/1996 s. 10.

20H Termination due to ill health

(1) This section applies if the Board determines that—

(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.

S. 20H(2) substituted by No. 84/1998 s. 4(3).

(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.

S. 20I
inserted by No. 82/1996 s. 10.

20I Indexation of pensions

S. 20I(1) def. of prescribed half year substituted by No. 44/2014 s. 33(Sch. item 10(2)).

prescribed half year means the half year ended 31 December 1986 or any subsequent half year ending on 30 June or 31 December for which the consumer price index is higher than the previous highest consumer price index 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 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.

(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.

S. 20J
inserted by No. 82/1996 s. 10, amended by No. 13/1999 s. 4.

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.

S. 20K inserted by No. 82/1996 s. 10.

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.

S. 20K(2)
amended by No. 13/1999 s. 4.

(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

(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

S. 20L(2)(b) amended by No. 40/2010 s. 7.

(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.

(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)).

20M Optional contributions during leave of absence

S. 20M(1) amended by No. 40/2010 s. 8.

(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—

S. 20M(1)(a) amended by Nos 37/2007 s. 7, 65/2008 s. 11(1).

(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

(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.

S. 20M(2) inserted by No. 65/2008 s. 11(2).

(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(3) 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. 20MA inserted by No. 36/2019 s. 9.

20MA Notional contribution rate during leave of absence

(1) A contributor who is on leave in accordance with section 20B(3)(b) or (ba), may apply to the Board in a form approved by the Board to choose a notional contribution rate for the purposes of section 20C for the period of the leave of absence.

(2) The Board may determine whether the amount of the contributions unpaid during the period of leave and interest on that amount is to be recovered—

(a) by the contributor making higher member contributions at a rate and for a period determined by the Board; or

(b) by the Board reducing the accrued benefit of the contributor by an amount determined by an actuary appointed by the Board.

S. 20N inserted by No. 82/1996 s. 10, substituted by No. 61/2013 s. 9.

20N Nominated personal representatives

(1) A contributor may nominate any natural person as a nominated personal representative for the purposes of this Part.

(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 nominated personal representatives for the purposes of this Part.

(4) A nomination made under this section as in force before the commencement of section 9 of the Superannuation Legislation Amendment Act 2013 continues to have effect as if it were made under this section as in force after that commencement.

S. 20NA inserted by No. 40/2010 s. 9.

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.

(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.

20O Death benefit when no dependants

S. 20O(1) amended by Nos 27/2001 s. 5(Sch. 3 item 2.3), 61/2013 s. 10(1).

(1) Notwithstanding anything in this Part, other than section 20E(7A), 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.

S. 20O(2) amended by No. 61/2013 s. 10(2).

(2) The Board may assume there are no dependants or nominees who are deemed to be nominated 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

S. 20P(1) amended by No. 61/2013 s. 11.

(1) Subject to section 20E(7A), 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.

S. 20P(2) inserted by No. 40/2010 s. 10(2).

(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(3) 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(4) inserted by No. 40/2010 s. 10(2).

(4) In making a determination under this section the Board must consider—

(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.

S. 20P(5) inserted by No. 40/2010 s. 10(2).

(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.

S. 20PA inserted by No. 43/2008 s. 8.

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.

(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).

S. 20Q(4) substituted by No. 94/2005 s. 19.

(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).

(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.

S. 20R inserted by No. 82/1996 s. 10.

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.

(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.

S. 20S inserted by No. 82/1996 s. 10.

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 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.

S. 20T inserted by No. 36/2019 s. 10.

20T Transition to retirement pension

(1) A contributor who has attained preservation age may apply to the Board in a form approved by the Board to convert part of their accrued benefit into a transition to retirement pension.

(2) The contributor must elect in the application under subsection (1) to convert a part of their accrued benefit into a transition to retirement pension which is equal to a percentage that is not less than 20% and not more than 50% of their accrued benefit.

(3) If the Board approves the application under subsection (1), the Board must—

(a) establish a transition to retirement pension account in the ESSPLAN Scheme for the contributor; and

(b) reduce the contributor's accrued benefit multiple in accordance with a methodology approved by the Minister, on the advice of an actuary appointed by the Board.

(4) The Board must reduce the maximum of 8.40 times the salary of the contributor that would otherwise apply in respect of the accrued benefit of the contributor under section 20C(2) by the same reduction as the accrued benefit multiple is reduced under subsection (3)(b).

(5) In this section, preservation age has the same meaning as it has in regulation 6.01(2) of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth.

Pt 3A (Heading and ss 21–21O) inserted by No. 82/1996 s. 11.

Part 3A—ESSPLAN Scheme

New s. 21

21 Definitions

S. 21 def. of beneficiary amended by No. 43/2008 s. 9(a).

beneficiary means a contributor, former contributor or eligible beneficiary in respect of whom a beneficiary account is established;

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;

S. 21 def. of child amended by No. 27/2001 s. 5(Sch. 3 item 2.4).

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 eligible spouse inserted by No. 95/2000 s. 9(1)(a), substituted by No. 43/2008 s. 9(b).

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 maximum splittable amount inserted by No. 37/2007 s. 8.

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 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

(e) any specified standards; and

(f) any other matters the Board considers relevant;

S. 21 def. of participating employer substituted by No. 84/1998 s. 9, amended by No. 32/2025 s. 11.

participating employer means an employer that—

(a) employs any person defined as an employee within the meaning of section 3; or

(b) the Secretary by instrument in writing declares to be a participating employer in the ESSPLAN Scheme;

S. 21 def. of payment flag inserted by No. 37/2007 s. 8.

payment flag 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.

payment split has the meaning given by section 90MD of the Family Law Act 1975 of the Commonwealth;

S. 21 def. of splittable contribution 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 spouse account inserted by No. 95/2000 s. 9(1)(b).

spouse account means a spouse's account established and maintained by the Board for an eligible spouse under section 21JA.

S. 21A inserted by No. 82/1996 s. 11.

21A ESSPLAN Scheme

(1) There is continued an arrangement within the Scheme called the ESSPLAN Scheme.

(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;

S. 21A(2)(ad) inserted by No. 36/2019 s. 11.

(ad) contributions made by an employer in respect of a contributor in accordance with section 20AA;

(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

S. 21B(1)(c) inserted by No. 43/2008 s. 11(2).

(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

S. 21B(1)(ca) inserted by No. 38/2009 s. 12.

(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

S. 21B(1)(d) inserted by No. 43/2008 s. 11(2).

(d) if the person is a returning member who is an operational staff member, on the commencement of the fixed term agreement.

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).

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.

(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 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 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.

S. 21D inserted by No. 82/1996 s. 11.

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 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.

S. 21F inserted by No. 82/1996 s. 11.