VICIn ForceAct
Emergency Services Superannuation Act 1986
20BMembership
Start here
Get a plain-English read of 20B
Turn the raw legal text into a practical explanation grounded in Emergency Services Superannuation Act 1986.
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.