Schedule Sch 3 - Fire Brigades (Superannuation Fund) Regulations 1986 - applies to and in relation to general meetings of members held under section 29 of the Act. | Zoe
Schedule 3 applies to and in relation to general meetings of members held under section 29 of the Act.
46. Provision of information to members
(1) As soon as practicable after the Superannuation Board submits its annual report under section 66 of the Financial Administration and Audit Act 1985 2, and not later than 14 days before the next annual general meeting of members is held under clause 5(1) of Schedule 3, the Superannuation Board shall provide each member with a copy of a summary of —
(a) the annual report; and
(b) any actuarial report received by the Superannuation Board under section 17(3) of the Act since the previous annual general meeting of members.
(2) The Superannuation Board shall ensure that copies of the full reports of the summaries referred to in subregulation (1) are made available to members on request.
(3) The Superannuation Board will provide or make available to each member within the time required by the SIS standards any information required by the SIS standards in relation to the following matters —
(a) information to members on an annual basis regarding their benefits in the Superannuation Fund; and
(b) information to members on a regular basis regarding the operation of the Superannuation Fund; and
(c) information to employees becoming members; and
(d) information to members ceasing in the employment of the employer; and
(e) information relating to any amendment to these regulations; and
(f) any returns and certificates which the Superannuation Board is required by law to provide to the Australian Prudential Regulation Authority established by the Australian Prudential Regulation Authority Act 1998 (Commonwealth) and any notices which the Commissioner may provide to the Superannuation Board in relation to those returns and certificates; and
(g) information relating to actuarial reports, audited accounts and audit reports in respect of the Superannuation Fund; and
(h) any other information specified in the SIS standards.
(4) Notwithstanding subregulation (3) the Superannuation Board shall give written notice to each person who becomes a member informing the member of his or her rights and those of his or her dependants and legal personal representatives in respect of benefits from the Superannuation Fund.
[Regulation 46 inserted: Gazette 15 Dec 1992 p. 6025‑6; amended: Gazette 23 Jul 1999 p. 3393; 1 Apr 2008 p. 1279.]
47. Elections of members of the Superannuation Board
(1) Elections under clause 2 of Schedule 2 to the Act to elect members of the Superannuation Board shall be conducted by the FES Commissioner by secret ballot using an optional preferential system of voting.
(2) The FES Commissioner may, instead of conducting the election, engage the Electoral Commissioner under the Electoral Act 1907 or any other independent person to conduct the election on behalf of the FES Commissioner.
(3) The vacancy that occurs during a year in one of the offices of the elected members of the Superannuation Board and vacancies that occur during that year in the offices of the elected alternate members of the Superannuation Board shall be filled by separate ballots conducted at the one election.
(4) For an election referred to in subregulation (3), a person may nominate for —
(a) the office of elected member of the Superannuation Board; or
(b) an office of elected alternate member of the Superannuation Board; or
(c) both the office referred to in paragraph (a) and an office referred to in paragraph (b).
(5) Notwithstanding subregulation (4)(c), a person shall not at the same time hold both the office of elected member of the Superannuation Board and the office of elected alternate member of the Board.
(6) The ballot for the office of elected member of the Superannuation Board shall be counted before the ballot for an office of elected alternate member of the Board is counted.
(7) Where a person elected in the ballot for an office of alternate member of the Superannuation Board has also been elected to the office of member of the Board, the second person elected in the ballot shall hold an office of alternate member.
(8) Where only one person nominates for the office of elected member of the Superannuation Board that person shall be deemed to have been elected to the office.
(9) Where only one person nominates for an office of elected alternate member of the Superannuation Board that person shall be deemed to have been elected to the office unless he or she has also been elected to the office of member of the Board in which case that office of elected alternate member shall remain vacant.
[Regulation 47 amended: Gazette 13 Jul 1990 p. 3375‑6; 29 Jun 1994 p. 3223‑4; 22 Dec 1998 p. 6853; 23 Jul 1999 p. 3393; 31 Oct 2012 p. 5247.]
47A. Removal of elected member
(1) An elected member of the Superannuation Board may be removed from office by a majority vote passed in a secret ballot of all members.
(2) A secret ballot for the purposes of subregulation (1) shall be conducted by the FES Commissioner at the written request of not less than 5% of all members.
(2a) The FES Commissioner may, instead of conducting the ballot, engage the Electoral Commissioner under the Electoral Act 1907 or any other independent person to conduct the ballot on behalf of the FES Commissioner.
(3) A ballot shall not be conducted under this regulation in respect of an elected member more than once during the term of office of that member.
[Regulation 47A inserted: Gazette 29 Jun 1994 p. 3224; amended: Gazette 22 Dec 1998 p. 6853; 23 Jul 1999 p. 3393; 31 Oct 2012 p. 5248.]
48. Amendments to these regulations
(1) A regulation that amends these regulations in such a way as will increase the contributions payable by the FES Commissioner and associated employers (if any) to the Superannuation Fund shall not be made under the Act unless the FES Commissioner has consented to the amendment.
(2) A regulation that amends these regulations in such a way as will increase a benefit payable under these regulations shall not be made under the Act unless —
(a) the actuary has certified that the amendment will not or is not likely to result in an increase in the contributions payable by the FES Commissioner and associated employers (if any) to the Superannuation Fund; or
(b) the FES Commissioner has consented to the amendment.
(3) Without limiting the operation of subregulations (1) and (2), and subject to subregulation (4) and regulation 16(9), a regulation that amends these regulations shall not be made under the Act unless —
(a) the actuary has certified that the total value of the rights of members and their dependants accrued at the time the amendment takes effect will not be reduced by the amendment; or
(b) at least two‑thirds in number of the members for the time being have given their written consent to the amendment.
(4) Subregulation (3) does not apply to the making of a regulation that amends these regulations in order to ensure that these regulations conform with, or obtain the benefit of, a law of the State or Commonwealth governing, regulating or affecting the operation or maintenance of superannuation, pension or like funds.
[Regulation 48 amended: Gazette 22 Dec 1998 p. 6852‑3; 31 Oct 2012 p. 5249.]