The number of days in a Category A member’s membership period to be used for calculating the member’s death benefit is —
(a) if the member was a member on 1 November 1991 the greater of —
(i) M; and
(ii) the lesser of —
(A) M + F; and
(B) 12 783 days;
and
(iii) the lesser of —
(A) 3 x F; and
(B) 12 783 days;
or
(b) otherwise, the greater of —
(i) M; and
(ii) the lesser of —
(A) M + F; and
(B) 12 783 days,
M is the number of days in the member’s membership period up to the day before the member died;
F is the number of days from the day the member died to the day before the day that would have been the member’s 65th birthday.
[Schedule 2 inserted: Gazette 23 Jul 1999 p. 3394; amended: Gazette 1 Apr 2008 p. 1279.]
Schedule 3
[Regulation 45]
General meetings of members of the Superannuation Fund
Notice of meeting
Not less than 7 and not more than 30 days’ notice in writing of a general meeting shall be given but the accidental omission to give notice to or the non‑receipt of the notice by any member shall not invalidate the proceedings at any general meeting.
[2. Deleted: Gazette 29 Jun 1994 p. 3225.]
Chairman
The chairman of any general meeting shall be appointed by the Superannuation Board.
Board members may attend
Members of the Superannuation Board shall be entitled to be present at general meetings but a member of the Superannuation Board who is not a member of the Superannuation Fund shall not be entitled to vote at a general meeting.
Annual general meeting
(1) An annual general meeting shall be held not later than 90 days after the annual report of the Superannuation Board is submitted under section 66 of the Financial Administration and Audit Act 1985 2.
(2) An annual general meeting —
(a) shall consider the annual report of the Superannuation Board submitted under section 66 of the Financial Administration and Audit Act 1985 2 in respect of the preceding financial year;
(b) shall consider any business of which notice has been given in the notice of meeting; and
(c) may consider any other business that may be relevant to the operation of the Superannuation Fund.
[Clause 5 amended: Gazette 15 Dec 1992 p. 6026.]
Special general meeting
A special general meeting —
(a) shall consider any business of which notice has been given in the notice of meeting; and
(b) may consider any other business that may be relevant to the purpose of the meeting.
Mode of voting on motions
(1) Subject to subclause (3), at a general meeting a motion put to the vote of the meeting shall be decided —
(a) by a simple majority of the votes of the members present and voting; and
(b) on a show of hands unless before or on the declaration of the result of the show of hands a poll is demanded by a member present.
(2) A demand for a poll under subclause (1)(b) may be withdrawn.
(3) Where a poll on a motion is demanded under subclause (1)(b) the vote of a member not present at the general meeting shall be counted if it was lodged, in writing, with the secretary of the Superannuation Board not less than 24 hours before the general meeting.
Voting rights
(1) Each member present at a general meeting, or whose vote is counted at a general meeting under clause 7(3), shall have one vote.
(2) The chairman of a general meeting shall not have a second or casting vote.
Minutes
Minutes shall be kept of each general meeting and such minutes if purporting to be signed by the chairman of the general meeting or of the next succeeding general meeting shall be prima facie evidence of the matters contained in those minutes.
Procedure
Except as provided in this Schedule a general meeting may determine its own procedure.
Schedule 4 — Leaving service benefit — Category A
[r. 21(1)(c)]
M1 is —
(a) the number of days in the member’s membership period before 1 July 2004; plus
(b) the number of days for which the member contributes under regulation 15(1)(b);
M2 is the number of days in the member’s membership period not included in M1;
r is the discount factor determined by the Superannuation Board on the advice of an actuary to be appropriate to reflect the fact that the member has become entitled to a benefit under regulation 21(1) before the member reaches 55 years of age;
n is the number of days from the day the member ceased employment with the employer to the member’s 55th birthday, but not more than the number of days (if any) determined by the Superannuation Board on the advice of the actuary to be necessary to ensure that the employer will not incur an individual superannuation guarantee shortfall (within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth) in respect of the member.
[Schedule 4 inserted: Gazette 23 Jul 1999 p. 3395; amended: Gazette 30 Mar 2001 p. 1764; 29 Jun 2004 p. 2521-2; 21 Jan 2005 p. 263; 1 Apr 2008 p. 1279.]
Schedule 5
[Regulation 23B(5)]
Calculation of monthly benefit
The formula for calculating a monthly instalment benefit in respect of a beneficiary is —
MIB is the monthly instalment benefit to be determined, (expressed in dollars);
MB is the beneficiary’s maximum benefit (expressed in dollars);
i is one‑twelfth of the rate of interest (expressed as a percentage per annum) that is applicable on the date of payment of the beneficiary’s partial and permanent disablement benefit under a determination under regulation 23B(8);
nm is the total number of monthly instalment benefit payments to fall due for payment during the payment period.
[Schedule 5 inserted: Gazette 29 Jun 1994 p. 3225; amended: Gazette 17 Apr 1998 p. 2102; 25 Nov 2014 p. 4373.]
Schedule 6
[Regulation 23B(6)]
Calculation of annual benefit
The formula for calculating an annual instalment benefit in respect of a beneficiary is —
AIB is the annual instalment benefit to be determined, (expressed in dollars);
MB is the beneficiary’s maximum benefit (expressed in dollars);
i is the rate of interest (expressed as a percentage per annum) that is applicable on the date of payment of the beneficiary’s partial and permanent disablement benefit under a determination under regulation 23B(8);
na is the total number of annual instalment benefit payments to fall due for payment during the payment period.
[Schedule 6 inserted: Gazette 29 Jun 1994 p. 3226; amended: Gazette 17 Apr 1998 p. 2102; 25 Nov 2014 p. 4374.]
Schedule 6A
[Regulation 23B(7)]
Calculation of lump sum benefit
The formula for calculating a lump sum benefit in respect of a beneficiary is —
LSB is the benefit to be determined, (expressed in dollars);
MB is the beneficiary’s maximum benefit (expressed in dollars); and
i is the rate of interest (expressed as a percentage per annum) that is applicable on the date of payment of the beneficiary’s partial and permanent disablement benefit under a determination under regulation 23B(8).
[Schedule 6A inserted: Gazette 17 Apr 1998 p. 2103.]
Schedule 6B
[Regulation 23BA(2)]
Calculation of monthly benefit instead of lump sum benefit
The formula for calculating a monthly instalment benefit in respect of a beneficiary who had previously elected a lump sum benefit is —
MIB is the monthly instalment benefit to be determined, (expressed in dollars);
DB is the beneficiary’s benefit as calculated in Schedule 9 (expressed in dollars);
i is one‑twelfth of the rate of interest (expressed as a percentage per annum) used in the initial calculation of the beneficiary’s lump sum benefit for the purposes of regulation 23B(7);
n is the number of complete months from the date the beneficiary’s benefit (DB) is calculated to the end of the 5 year period used in Schedule 9; and
[Schedule 6B inserted: Gazette 17 Apr 1998 p. 2103.]
Schedule 6C
[Regulation 23BA(4)]
Calculation of a lump sum benefit instead of monthly benefits
The formula for calculating a lump sum benefit in respect of a beneficiary who has elected to transfer from a monthly instalment benefit is —
LSB is the lump sum benefit to be determined (expressed in dollars);
MIB is the monthly instalment benefit payable to the beneficiary (expressed in dollars);
n is the difference between the total number of monthly instalment benefit payments to be paid during the payment period and the number of monthly instalment benefit payments which the beneficiary had received up to the time of his or her election;
i is one‑twelfth of the rate of interest expressed as a percentage per annum used in the initial calculation of the beneficiary’s monthly instalment benefit for the purposes of regulation 23B(5).
[Schedule 6C inserted: Gazette 17 Apr 1998 p. 2103; amended: Gazette 23 Jul 1999 p. 3395; 25 Nov 2014 p. 4374.]
Schedule 6D
[Regulation 23BA(6)]
Calculation of a lump sum benefit instead of annual benefits
The formula for calculating a lump sum benefit in respect of a beneficiary who has elected to transfer from an annual instalment benefit is —
LSB is the lump sum benefit to be determined (expressed in dollars);
AIB is the annual instalment benefit payable to the beneficiary (expressed in dollars);
n is the difference between the total number of annual instalment benefit payments to be paid during the payment period and the number of annual instalment benefit payments which the beneficiary had received up to the time of his or her election;
i is the rate of interest expressed as a percentage per annum used in the initial calculation of the beneficiary’s instalment benefit pursuant to regulation 23B(6).
[Schedule 6D inserted: Gazette 17 Apr 1998 p. 2104; amended: Gazette 23 Jul 1999 p. 3395; 25 Nov 2014 p. 4374.]
Schedule 7
[rr. 23BA(4a) and 23C(2)(a)]
Calculation of lump sum or death benefit after election of monthly benefits
The formula for calculating a lump sum or death benefit in respect of a beneficiary who elected to receive a monthly instalment benefit is —
MIB is —
(a) where a monthly instalment benefit became payable to the beneficiary on the day on which he died or made the election under regulation 23BA(3)(b), the amount of that instalment benefit (expressed in dollars); or
(b) in any other case, the amount of the instalment benefit that would have been payable to the beneficiary on the day on which he died or made the election under regulation 23BA(3)(b) if a monthly instalment benefit had become payable to him on that day (expressed in dollars);
n is the difference between the total number of monthly instalment benefit payments which the beneficiary would have received but for death or election under regulation 23BA(3)(b) and the number of monthly instalment benefit payments which the beneficiary had received before he died or made the election under regulation 23BA(3)(b);
i is one‑twelfth of the rate of interest expressed as a percentage per annum used in the initial calculation of the beneficiary’s monthly instalment benefit for the purposes of regulation 23B(5) or 23BA(2); and
[Schedule 7 inserted: Gazette 29 Jun 1994 p. 3227; amended: Gazette 17 Apr 1998 p. 2104; 30 Mar 2001 p. 1765; 25 Nov 2014 p. 4374.]
Schedule 8
[rr. 23BA(6a) and 23C(2)(b)]
Calculation of lump sum or death benefit after election of annual benefits
The formula for calculating a lump sum or death benefit in respect of a beneficiary who elected to receive an annual instalment benefit is —
AIB is —
(a) where an annual instalment benefit became payable to the beneficiary on the day on which he died or made the election under regulation 23BA(5)(b), the amount of that instalment benefit (expressed in dollars); or
(b) in any other case, the amount of the instalment benefit that would have been payable to the beneficiary on the day on which he died or made the election under regulation 23BA(5)(b) if an annual instalment benefit had become payable to him on that day (expressed in dollars);
n is the difference between the total number of annual instalment benefit payments which the beneficiary would have received but for death or election under regulation 23BA(5)(b) and the number of annual instalment benefit payments which the beneficiary had received before he died or made the election under regulation 23BA(5)(b);
i is the rate of interest expressed as a percentage per annum used in the initial calculation of the beneficiary’s instalment benefit pursuant to regulation 23B(6); and
[Schedule 8 inserted: Gazette 29 Jun 1994 p. 3228; amended: Gazette 17 Apr 1998 p. 2104 (correction in Gazette 28 Apr 1998 p. 2177); 30 Mar 2001 p. 1765‑6; 25 Nov 2014 p. 4375.]
Schedule 9
[rr. 23BA(2a) and 23C(2)(c)]
Calculation of lump sum or death benefit after election of lump sum benefit after 5 years
The formula for calculating a lump sum or death benefit in respect of a beneficiary who had elected to receive a lump sum benefit after the 5 year period is —
LSB is the lump sum benefit that would have been payable to the beneficiary at the end of the 5 year period (as calculated in Schedule 6A) had the beneficiary not died or made the election under regulation 23BA(1)(b);
n is the number of days from the date the member died or made the election under regulation 23BA(1)(b) to the date the benefit would have become payable; and
i is the rate of interest expressed as a percentage per annum used in the initial calculation of the beneficiary’s benefit for the purposes of regulation 23B(7) or 23BA(3)(a) or 23BA(5)(a).
[Schedule 9 inserted: Gazette 17 Apr 1998 p. 2104; amended: Gazette 30 Mar 2001 p. 1766.]
dline
Notes
1 This is a compilation of the Fire and Emergency Services (Superannuation Fund) Regulations 1986 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
Compilation table
Citation
Gazettal
Commencement
Fire Brigades (Superannuation Fund) Regulations 1986 3
29 Oct 1986 p. 3991‑4016
3 Nov 1986 (see r. 2 and Gazette 24 Oct 1986 p. 3938)
Fire Brigades (Superannuation Fund) Amendment Regulations 1987
14 Aug 1987 p. 3162
14 Aug 1987
Fire Brigades (Superannuation Fund) Amendment Regulations (No. 2) 1987
23 Oct 1987 p. 3941
23 Oct 1987
Fire Brigades (Superannuation Fund) Amendment Regulations 1988 4
4 Nov 1988 p. 4370‑1
4 Nov 1988
Fire Brigades (Superannuation Fund) Amendment Regulations 1989
18 Aug 1989 p. 2766‑8
18 Aug 1989
Fire Brigades (Superannuation Fund) Amendment Regulations (No. 2) 1989
29 Dec 1989 p. 4681‑2
29 Dec 1989
Fire Brigades (Superannuation Fund) Amendment Regulations 1990
13 Jul 1990 p. 3375‑6
13 Jul 1990
Fire Brigades (Superannuation Fund) Amendment Regulations 1991
1 Nov 1991 p. 5608‑11
1 Nov 1991
Fire Brigades (Superannuation Fund) Amendment Regulations 1992
15 Dec 1992 p. 6021‑7
15 Dec 1992
Fire Brigades (Superannuation Fund) Amendment Regulations 1994
29 Jun 1994 p. 3204‑5
29 Jun 1994 (see r. 2 and Gazette 29 Jun 1994 p. 3201)
Fire Brigades (Superannuation Fund) Amendment Regulations (No. 2) 1994
29 Jun 1994 p. 3206‑28
1 Jul 1994 (see r. 2 and Gazette 29 Jun 1994 p. 3201)
Reprint of the Fire Brigades (Superannuation Fund) Regulations 1986 as at 11 Oct 1994 (includes amendments listed above)
Fire Brigades (Superannuation Fund) Amendment Regulations 1995
21 Nov 1995 p. 5356‑9
21 Nov 1995
Fire Brigades (Superannuation Fund) Amendment Regulations 1998
17 Apr 1998 p. 2097‑104 (correction 28 Apr 1998 p. 2177)
17 Apr 1998
Fire Brigades (Superannuation Fund) Amendment Regulations (No. 2) 1998
22 Dec 1998 p. 6849‑53
1 Jan 1999 (see r. 2 and Gazette 22 Dec 1998 p. 6833)
Fire Brigades (Superannuation Fund) Amendment Regulations 1999
23 Jul 1999 p. 3385‑95
23 Jul 1999
Fire Brigades (Superannuation Fund) Amendment Regulations 2000
18 Aug 2000 p. 4782‑90
18 Aug 2000
Fire Brigades (Superannuation Fund) Amendment Regulations 2001
30 Mar 2001 p. 1760‑6
30 Mar 2001
Fire Brigades (Superannuation Fund) Amendment Regulations (No. 2) 2001
22 May 2001 p. 2576‑7
22 May 2001
Reprint of the Fire Brigades (Superannuation Fund) Regulations 1986 as at 7 Sep 2001 (includes amendments listed above)
Fire Brigades (Superannuation Fund) Amendment Regulations 2003
2 May 2003 p. 1492-5
2 May 2003
Fire and Emergency Services (Superannuation Fund) Amendment Regulations (No. 2) 2003
15 Jul 2003 p. 2831‑2
15 Jul 2003
Fire and Emergency Services (Superannuation Fund) Amendment Regulations 2004
29 Jun 2004 p. 2520-2
1 Jul 2004 (see r. 2)
Fire and Emergency Services (Superannuation Fund) Amendment Regulations (No. 2) 2004
21 Jan 2005 p. 260‑3
21 Jan 2005
Reprint 3: The Fire and Emergency Services (Superannuation Fund) Regulations 1986 as at 11 Jan 2008 (includes amendments listed above)
Fire and Emergency Services (Superannuation Fund) Amendment Regulations 2008
1 Apr 2008 p. 1271-9
r. 1 and 2: 1 Apr 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Apr 2008 (see r. 2(b))
Fire and Emergency Services (Superannuation Fund) Amendment Regulations 2009
21 Aug 2009 p. 3267-70
r. 1 and 2: 21 Aug 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 22 Aug 2009 (see r. 2(b))
Fire and Emergency Services (Superannuation Fund) Amendment Regulations (No. 2) 2012
31 Oct 2012 p. 5245‑9
r. 1 and 2: 31 Oct 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Nov 2012 (see r. 2(b) and Gazette 31 Oct 2012 p. 5255)
Reprint 4: The Fire and Emergency Services (Superannuation Fund) Regulations 1986 as at 2 May 2014 (includes amendments listed above)
Fire and Emergency Services (Superannuation Fund) Amendment Regulations 2014
25 Nov 2014 p. 4371‑5
r. 1 and 2: 25 Nov 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 26 Nov 2014 (see r. 2(b))
2 The Financial Administration and Audit Act 1985 was repealed by the Financial Legislation Amendment and Repeal Act 2006 s. 3. A reference in a written law to the Financial Administration and Audit Act 1985 may, where the context so requires, be read as if it had been amended to be a reference to the Financial Management Act 2006 or to the Auditor General Act 2006, or to both those Acts, as the case requires.
3 Now known as the Fire and Emergency Services (Superannuation Fund) Regulations 1986; citation changed (see note under r. 1).