Legislative Assembly (Members' Superannuation) Act 1991 (ACT)

The Legislative Assembly (Members' Superannuation) Act 1991 (ACT) (A1991-93) establishes and governs a compulsory superannuation arrangement for members of the Australian Capital Territory Legislative Assembly. In its current form (Republication No 9, effective 1 July 2011), the Act operates two distinct regimes side by side, separated cleanly by the 2008 general election as a watershed event.

Chapter 2 preserves a legacy defined benefits scheme for members elected before the 2008 general election. Under this scheme, the Territory bears the investment and longevity risk: the quantum of the eventual payout is set by a statutory formula tied to years of service and the salary prevailing at discontinuance, irrespective of how the underlying pool has actually performed. Members contribute 5% of salary into the Territory banking account (s 13), and the lump-sum benefit accrues at 29% of basic salary per year of service (s 15). The board administers this chapter, determines entitlements, and handles invalidity applications.

Chapter 3 creates a prospective accumulation-style arrangement, applying to members elected at or after the 2008 general election. The Territory contributes a designated percentage of salary, defaulting to 14%, into a fund chosen by the member (ss 22, 23, 24). The member bears the investment risk. The Territory percentage can be varied by regulation (s 24(2)(b)), giving the Executive flexibility to adjust the employer contribution rate without primary legislation.

The Act also provides a bridge between the two regimes (s 18A): a member covered by Chapter 2 may elect to crystallise their defined benefit entitlement and roll it into a choice fund, effectively converting a legacy defined benefit into an accumulation balance.

Administratively, the Act establishes the ACT Legislative Assembly Members Superannuation Board to administer the defined benefits scheme, sets out its constitution and meeting procedures, requires an annual report (s 11A), and provides for internal and external review of board decisions through the ACT Civil and Administrative Tribunal (ACAT) (Pt 2.4). A regulation-making power sits in Chapter 4 (s 25), exercisable by the ACT Executive.

Australian Capital Territory Legislative Assembly (Members’ Superannuation) Act 1991 A1991-93 Republication No 9 Effective: 1 July 2011 Republication date: 1 July 2011 Last amendment made by A2011-22 Authorised by the ACT Parliamentary Counsel

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Legislative Assembly (Members’ Superannuation) Act 1991 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):  authorised republications to which the Legislation Act 2001 applies  unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Legislative Assembly (Members’ Superannuation) Act 1991 Contents Page Chapter 1 Preliminary 1 Name of Act 2 2 Dictionary 2 3 Notes 2 3A Meaning of discontinuance 2 Chapter 2 Defined benefits scheme Part 2.1 Preliminary 3B Application—ch 2 4 3C Definitions—ch 2 4

Contents Page contents 2 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 R9 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2.2 Legislative Assembly Members Superannuation Board Division 2.2.1 Establishment of board 4 Establishment 5 5 Functions 5 6 Powers 5 Division 2.2.2 Constitution and operation 7 Constitution 5 8 Chair of board 6 9 Secretary of board 6 10 Meetings 7 11 Procedure at meetings 7 11A Annual report by board 8 Part 2.3 Entitlements of members 12 Eligibility 9 13 Members’ contributions 9 15 Superannuation benefit 9 16 Death or invalidity benefit 11 17 Payment to estate 11 18 Preservation of benefit 11 18A Members may transfer to choice of funds scheme 12 Part 2.4 Notification and review of decisions 19 Definitions—pt 2.4 13 20 Internal review notices 13 21 Applications for reconsideration 13 21A Reconsideration 14 21B Reviewable decision notices 14 21C Applications to ACAT 14 Chapter 3 Choice of funds scheme 22 Application—ch 3 16

Contents Page R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 23 Choice of fund by members 16 24 Territory contributions 16 Chapter 4 Miscellaneous 25 Regulation-making power 18 Dictionary 19 Endnotes 1 About the endnotes 21 2 Abbreviation key 21 3 Legislation history 22 4 Amendment history 23 5 Earlier republications 27

R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Legislative Assembly (Members’ Superannuation) Act 1991 An Act to provide superannuation benefits for members of the Legislative Assembly, and for related purposes

Chapter 1 Preliminary Section 1 page 2 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 R9 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Chapter 1 Preliminary 1 Name of Act This Act is the Legislative Assembly (Members’ Superannuation) Act 1991. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 3A Meaning of discontinuance (1) For this Act, a discontinuance, in relation to a member, happens when the member’s term of office ends by— (a) death; or (b) resignation; or (c) retirement on the ground of invalidity; or (d) disqualification or expulsion; or (e) dissolution of the Legislative Assembly; or

Preliminary Chapter 1 Section 3A R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (f) the ending of the member’s term of office under the Self-Government Act, section 10 (Term of office of member). (2) However, a discontinuance is taken not to have happened for this chapter if the member is re-elected to the Legislative Assembly at— (a) if subsection (1) (e) applies—the 1st general election after the dissolution of the Assembly; or (b) if subsection (1) (f) applies—the general election for which the polling day marks the end of the member’s term of office.

Chapter 2 Defined benefits scheme Part 2.1 Preliminary Section 3B page 4 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 R9 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Chapter 2 Defined benefits scheme Part 2.1 Preliminary 3B Application—ch 2 This chapter applies in relation to a member elected before the 2008 general election, in relation to a relevant period of service by the member, until the earlier of the following events: (a) the member’s discontinuance; (b) if the member makes an election under section 18A (Members may transfer to choice of funds scheme)—the amount of the member’s benefit under this chapter is paid under the section. Note Elected—see the dictionary. 3C Definitions—ch 2 In this chapter: board means the Australian Capital Territory Legislative Assembly Members Superannuation Board established under section 4. invalidity, in relation to a person, means a permanent disability to which at least 2 doctors certify, and that the board decides, is likely to result in an inability ever to work in an occupation for which the person is reasonably qualified by education, training or experience. relevant period of service means the period during which a person served as a member in consecutive terms, but does not include a period of service in relation to which the person has received a superannuation benefit under this chapter.

Defined benefits scheme Chapter 2 Legislative Assembly Members Superannuation Board Part 2.2 Establishment of board Division 2.2.1 Section 4 R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2.2 Legislative Assembly Members Superannuation Board Division 2.2.1 Establishment of board 4 Establishment There shall be an Australian Capital Territory Legislative Assembly Members Superannuation Board. 5 Functions (1) The board shall be responsible for the administration of this chapter. (2) Without limiting subsection (1), the board shall be responsible for— (a) determining entitlements in accordance with this chapter; and (b) determining applications for retirement on the grounds of invalidity. 6 Powers The board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. Division 2.2.2 Constitution and operation 7 Constitution (1) The board is constituted by 4 persons, being— (a) the Speaker of the Legislative Assembly or, in the absence of the Speaker, the Deputy Speaker; and (b) a government member elected in accordance with the relevant procedures at a meeting, convened by the Speaker, of government members or an alternate government member elected in accordance with the relevant procedures at a

Chapter 2 Defined benefits scheme Part 2.2 Legislative Assembly Members Superannuation Board Division 2.2.2 Constitution and operation Section 8 page 6 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 R9 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au meeting, convened by the Speaker, of government members; and (c) an opposition member elected in accordance with the relevant procedures at a meeting, convened by the Speaker, of opposition members or an alternate opposition member elected in accordance with the relevant procedures at a meeting, convened by the Speaker, of opposition members; and (d) the director-general of the administrative unit responsible for the Financial Management Act 1996. (2) In this section: government member means a member of the Executive or a member who belongs to a party, or is associated with a group of members, represented on the Executive. opposition member means a member who is not a government member. relevant procedures means the procedures laid down in the Standing Orders of the Legislative Assembly for the election of the Speaker. (3) The performance of the functions or the exercise of the powers of the board is not affected by reason only of a vacancy in the membership of the board. 8 Chair of board The Speaker or, in the absence of the Speaker, the Deputy Speaker is the chair of the board. 9 Secretary of board The director-general of the administrative unit responsible for the Financial Management Act 1996 is the secretary of the board.

Defined benefits scheme Chapter 2 Legislative Assembly Members Superannuation Board Part 2.2 Constitution and operation Division 2.2.2 Section 10 R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 Meetings (1) The chair shall convene a meeting of the board— (a) whenever the chair considers necessary for the efficient performance of its functions; and (b) upon the written request of any member. (2) Where the chair proposes to convene a meeting of the board, he or she shall, not later than 5 days before the date of the proposed meeting, give each member of the board a notice in writing specifying— (a) the date, time and place of the meeting; and (b) the matters to be considered at the meeting. 11 Procedure at meetings (1) The chair shall preside at all meetings of the board at which he or she is present. (2) Where the chair is absent from a meeting a member of the board chosen by those present shall preside at the meeting. (3) The member of the board presiding at a meeting may give directions regarding the procedure to be followed at the meeting. (4) At a meeting, 3 members of the board constitute a quorum. (5) Questions arising at a meeting shall be decided by a majority of the votes of the members of the board present and voting. (6) The presiding member has a deliberative vote and, in the event of an equality of votes, a casting vote. (7) The board shall keep minutes of its proceedings.

Chapter 2 Defined benefits scheme Part 2.2 Legislative Assembly Members Superannuation Board Division 2.2.2 Constitution and operation Section 11A page 8 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 R9 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11A Annual report by board The board must, after each 30 June, present to the Legislative Assembly a report of the board’s operations during the financial year ending on that date.

Defined benefits scheme Chapter 2 Entitlements of members Part 2.3 Section 12 R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2.3 Entitlements of members 12 Eligibility A person who holds, or has held, office as a member is eligible on the person’s discontinuance to receive benefits under this chapter in relation to the person’s relevant period of service. 13 Members’ contributions A member must pay 5% of the member’s salary into the territory banking account in respect of superannuation benefits. 15 Superannuation benefit (1) Superannuation benefit is payable to a person entitled to a benefit under section 12, in respect of the person’s relevant period of service, by way of a lump sum calculated in accordance with the following formula: SPABSD  where: BSD means the basic salary payable, on the date of that person’s discontinuance, to members who are not office-holders. SPA means the sum of the person’s annual percentage accruals calculated in accordance with subsection (2). (2) Annual percentage accruals are calculated as at 30 June each year for the financial year ended on that date during the continuance of a member’s relevant period of service and at 30 June in the financial year during which the member’s discontinuance occurred, and are equal to 29% for each full year of service.

Chapter 2 Defined benefits scheme Part 2.3 Entitlements of members Section 15 page 10 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 R9 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Where a member has been an office-holder during any part of a financial year the member’s annual percentage accrual for that year is increased by multiplying the 29% referred to in subsection (2) by a number calculated in accordance with the following formula: TSPM TSR where: TSR means the total salary received by that member during that financial year. TSPM means the total basic salary which would have been received by the member during that financial year had the member not been an office-holder at any time during that financial year. (4) Where a person was not a member during the whole of the financial year the person’s annual percentage accrual for that year is reduced by multiplying that 29% referred to in subsection (2) by a number calculated in accordance with the following formula: 365 NDM where: NDM means the number of days in that financial year on which that person was a member. (5) In this section: office-holder means a member who receives additional salary under the remuneration tribunal’s determination in relation to the Legislative Assembly.

Defined benefits scheme Chapter 2 Entitlements of members Part 2.3 Section 16 R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 16 Death or invalidity benefit (1) Where— (a) a member’s discontinuance is due to death or invalidity; and (b) the member was under 60 years of age on the date of the member’s discontinuance; a further benefit is payable in accordance with this section. (2) The further benefit under subsection (1) is calculated by dividing the superannuation benefit payable to the member under section 15 by the number of days in the member’s relevant period of service and then multiplying the quotient by the number of days from the date of the member’s discontinuance until the date on which the member would attain the age of 60 years. 17 Payment to estate Where a person— (a) becomes eligible to receive a benefit under this chapter; and (b) dies before that benefit is paid; the benefit is payable to the estate of that person. 18 Preservation of benefit (1) This section applies to a person who becomes entitled to a superannuation benefit under this chapter if the person— (a) is less than 55 years old; or (b) is at least 55 years old but remains a member of the workforce. (2) The benefit is payable— (a) if the person is leaving Australia permanently or the entitlement is because of a discontinuance caused by the person’s death or invalidity—immediately to the person; or

Chapter 2 Defined benefits scheme Part 2.3 Entitlements of members Section 18A page 12 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 R9 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) in any other case— (i) to an eligible choice fund chosen by the person; or (ii) if the person does not choose an eligible choice fund within 3 months after the day the person becomes entitled to the benefit—the default fund. (3) For subsection (2) (b) (i), the choice must be in writing given to the board. 18A Members may transfer to choice of funds scheme (1) A member may elect to transfer the amount of the member’s benefits under this chapter to a fund chosen by the member under section 23 (Choice of fund by members). (2) An election must be in writing given to the board. (3) The board must— (a) determine the amount of the member’s benefit under section 15 (Superannuation benefit) as if the member were entitled to receive a benefit under section 12 (Eligibility); and (b) pay the amount to the fund.

Defined benefits scheme Chapter 2 Notification and review of decisions Part 2.4 Section 19 R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2.4 Notification and review of decisions 19 Definitions—pt 2.4 In this part: internally reviewable decision means a decision of the board under this Act. internal review notice—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1). reviewable decision means a decision of the board— (a) in relation to an internally reviewable decision; or (b) to refuse to extend the period for applying for reconsideration of a decision under section 21 (3). 20 Internal review notices If the board makes an internally reviewable decision, the board must give an internal review notice to each entity that has interests affected by the decision. Note The requirements for internal review notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. 21 Applications for reconsideration (1) An entity that has interests affected by a reviewable decision may apply to the board for reconsideration of the decision. (2) The application must— (a) be in writing; and (b) state the applicant’s name and address; and (c) set out the applicant’s reasons for making the application.

Chapter 2 Defined benefits scheme Part 2.4 Notification and review of decisions Section 21A page 14 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 R9 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The application must be given to the secretary of the board within— (a) 30 days after the day the applicant is given the internal review statement; or (b) a longer period allowed by the board before or after the end of the 30-day period. 21A Reconsideration The board must, within 30 days after the board receives the application for reconsideration— (a) confirm the decision; or (b) vary the decision; or (c) set aside the decision and substitute its own decision. 21B Reviewable decision notices If the board makes a reviewable decision, the board must give a reviewable decision notice to each entity that must be given an internal review notice. Note 1 The board must also take reasonable steps to give a reviewable decision notice to anyone whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. 21C Applications to ACAT The following may apply to the ACAT for review of a reviewable decision: (a) an entity that is given a reviewable decision notice; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

Defined benefits scheme Chapter 2 Notification and review of decisions Part 2.4 Section 21C R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Chapter 3 Choice of funds scheme Section 22 page 16 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 R9 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Chapter 3 Choice of funds scheme 22 Application—ch 3 This chapter applies to a person who is elected as a member at or after the 2008 general election, other than someone to whom chapter 2 (Defined benefits scheme) applies. Note Elected—see the dictionary. 23 Choice of fund by members (1) A member may choose an eligible choice fund to which contributions under section 24 are to be paid for the member’s benefit. (2) The member may change the member’s choice. (3) The choice, or change of choice, must be in writing given to the Speaker. 24 Territory contributions (1) The Territory must pay the prescribed amount for a member to the relevant fund for the member. (2) In this section: designated percentage means— (a) 14%; or (b) if another percentage is prescribed by regulation—the prescribed percentage.

Choice of funds scheme Chapter 3 Section 24 R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au prescribed amount, in relation to a member, means— (a) if the member has made an election under section 18A (Members may transfer to choice of funds scheme) and a discontinuance is taken not to apply to the member after the election was made—an amount equal to 24% of the member’s salary for each year, or part of a year, that the member is a member of the Legislative Assembly; or (b) in any other case— (i) an amount equal to the designated percentage of the member’s salary for each year, or part of a year, that the member is a member of the Legislative Assembly; and (ii) if, for a period, the member contributes to the member’s relevant fund at the rate of 3% or more of the member’s salary for the period—an additional amount equal to 1% of the member’s salary for the period. relevant fund, in relation to a member, means— (a) if a choice under section 18A (Members may transfer to choice of funds scheme) or section 23 (Choice of fund by members) has been made by the member—the chosen fund; or (b) in any other case—the default fund.

Chapter 4 Miscellaneous Section 25 page 18 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 R9 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Chapter 4 Miscellaneous 25 Regulation-making power The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:  ACAT  Deputy Speaker  director-general (see s 163)  exercise  function  Legislative Assembly  remuneration tribunal  reviewable decision  Self-Government Act  Speaker. board, for chapter 2 (Defined benefits scheme)—see section 3C. default fund means— (a) First State Super; or (b) if another eligible choice fund is prescribed by regulation—the prescribed fund. discontinuance—see section 3A. elected, in relation to a member, includes a person declared elected under either of the following provisions of the Electoral Act 1992: (a) section 194 (1) (Determination of candidate to fill vacancy); (b) section 195 (1) (Assembly nominees). eligible choice fund means an eligible choice fund under the Superannuation Guarantee (Administration) Act 1992 (Cwlth), section 32D.

Dictionary page 20 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 R9 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au general election means a general election of members. internally reviewable decision, for part 2.4 (Notification and review of decisions)—see section 19. internal review notice, for part 2.4 (Notification and review of decisions)—see section 19. invalidity, for chapter 2 (Defined benefits scheme)—see section 3C. member means a member of the Legislative Assembly. relevant period of service, for chapter 2 (Defined benefits scheme)—see section 3C. reviewable decision, for part 2.4 (Notification and review of decisions)—see section 19. salary, of a member, means the member’s salary including any additional salary but not including allowances.

Endnotes About the endnotes 1 R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 22 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 R9 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history The Legislative Assembly (Members’ Superannuation) Act 1991 was originally the Superannuation (Legislative Assembly Members) Act 1991. It was renamed by the Superannuation (Legislative Assembly Members) Amendment Act 2008 A2008-40 (see s 5). Legislative Assembly (Members’ Superannuation) Act 1991 A1991-93 notified 24 December 1991 (Gaz 1991 No S155) s 1, s 2 commenced 24 December 1991 (s 2 (1)) remainder commenced 6 January 1992 (s 2 (2) and Gaz 1992 No S1) as amended by Administrative Appeals (Consequential Amendments) Act 1994 A1994-60 sch 1 notified 11 October 1994 (Gaz 1994 No S197) s 1, s 2 commenced 11 October 1994 (s 2 (1)) sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250) Financial Management and Audit (Consequential and Transitional Provisions) Act 1996 A1996-26 sch pt 33 notified 1 July 1996 (Gaz 1996 No S130) sch pt 33 commenced 1 July 1996 (s 2) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 372 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 372 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.63 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 3 pt 3.63 commenced 2 June 2005 (s 2 (1)) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.95 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.95 commenced 12 April 2007 (s 2 (1))

Endnotes Amendment history 4 R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.54 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.54 commenced 26 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.67 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.67 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Superannuation (Legislative Assembly Members) Amendment Act 2008 A2008-40 notified LR 3 September 2008 s 1, s 2 commenced 3 September 2008 (LA s 75 (1)) remainder commenced 4 September 2008 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.93 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.93 commenced 1 July 2011 (s 2 (1)) 4 Amendment history Preliminary ch 1 hdg ins A2008-40 s 4 Preliminary pt 1 hdg om A2008-40 s 4 Name of Act s 1 sub A2007-3 amdt 3.477; A2008-40 s 5 Dictionary s 2 om A2001-44 amdt 1.3946 ins A2007-3 amdt 3.480 Notes s 3 defs reloc to dict A2007-3 amdt 3.479 sub A2007-3 amdt 3.480 def approved deposit fund om A2007-3 amdt 3.478 def approved purposes om A2007-3 amdt 3.478

Endnotes 4 Amendment history page 24 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 R9 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def approved rules om A2007-3 amdt 3.478 def superannuation fund om A2007-3 amdt 3.478 Meaning of discontinuance s 3A ins A2008-40 s 6 Defined benefits scheme ch 2 hdg ins A2008-40 s 7 Legislative Assembly Members Superannuation Board pt 2 hdg om A2008-40 s 7 Preliminary pt 2.1 hdg ins A2008-40 s 7 Establishment, functions and powers of board div 2.1 hdg (prev pt 2 div 1 hdg) renum R2 LA om A2008-40 s 7 Application—ch 2 s 3B ins A2008-40 s 7 Definitions—ch 2 s 3C ins A2008-40 s 7 def board ins A2008-40 s 7 def invalidity ins A2008-40 s 7 def relevant period of service ins A2008-40 s 7 Legislative Assembly Members Superannuation Board pt 2.2 hdg ins A2008-40 s 7 Establishment of board div 2.2.1 hdg ins A2008-40 s 7 Functions s 5 am A2008-40 s 8 Constitution and meetings div 2.2 hdg (prev pt 2 div 2 hdg) renum R2 LA om A2008-40 s 9 Constitution and operation div 2.2.2 hdg ins A2008-40 s 9 Constitution s 7 am A2005-20 amdt 3.403; A2011-22 amdt 1.285 Chair of board s 8 sub A2008-28 amdt 3.163 Secretary of board s 9 sub A2008-28 amdt 3.163 am A2011-22 amdt 1.286

Endnotes Amendment history 4 R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Meetings s 10 am A2008-28 amdt 3.164 Procedure at meetings s 11 am A2008-28 amdt 3.164 Annual report by board s 11A ins A2008-40 s 10 Entitlements of members pt 2.3 hdg ins A2008-40 s 11 Eligibility s 12 sub A2008-40 s 12 Members’ contributions s 13 am A1996-26 sch pt 33 sub A2008-40 s 12 Entitlements of former members s 14 am A1996-26 sch pt 33 om A2008-40 s 12 Superannuation benefit s 15 am A2008-40 s 13, amdts 1.1-1.4 Death or invalidity benefit s 16 am A2008-40 s 14, amdt 1.5 Payment to estate s 17 am A2008-40 s 15 Preservation of benefit s 18 am A2007-3 amdt 3.481 sub A2008-40 s 16 Members may transfer to choice of funds scheme s 18A ins A2008-40 s 16 Notification and review of decisions pt 2.4 hdg ins A2008-40 s 17 sub A2008-37 amdt 1.298 Definitions—pt 2.4 s 19 sub A2008-37 amdt 1.298 def internally reviewable decision ins A2008-37 amdt 1.298 def internal review notice ins A2008-37 amdt 1.298 def reviewable decision ins A2008-37 amdt 1.298 Internal review notices s 20 am A1994-60 sch 1 sub A2008-37 amdt 1.298

Endnotes 4 Amendment history page 26 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 R9 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Applications for reconsideration s 21 am A1994-60 sch 1 sub A2008-37 amdt 1.298 Reconsideration s 21A ins A2008-37 amdt 1.298 Reviewable decision notices s 21B ins A2008-37 amdt 1.298 Applications to ACAT s 21C ins A2008-37 amdt 1.298 Choice of funds scheme ch 3 hdg ins A2008-40 s 18 Entitlements of members pt 3 hdg om A2008-40 s 11 Application—ch 3 s 22 sub A2008-40 s 18 Choice of fund by members s 23 sub A2001-44 amdt 1.3947; A2008-40 s 18 Territory contributions s 24 ins A2008-40 s 18 Miscellaneous ch 4 hdg ins A2008-40 s 18 Review of decisions pt 4 hdg om A2008-40 s 17 Regulation-making power s 25 ins A2008-40 s 18 Miscellaneous pt 5 hdg om A2008-40 s 18 Transitional—Superannuation (Legislative Assembly Members) Amendment Act 2008 ch 10 hdg ins A2008-40 s 18 exp 4 September 2009 (s 101) Transitional regulations s 100 ins A2008-40 s 18 exp 4 September 2009 (s 101) Expiry—ch 10 s 101 ins A2008-40 s 18 exp 4 September 2009 (s 101)

Endnotes Earlier republications 5 R9 01/07/11 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary dict ins A2007-3 amdt 3.482 sub A2008-40 s 19 am A2008-37 amdt 1.299, amdt 1.300; A2011-22 amdt 1.287 def board reloc from s 3 A2007-3 amdt 3.479 sub A2008-40 s 19 def contributing member am A1996-26 sch pt 33 reloc from s 3 A2007-3 amdt 3.479 om A2008-40 s 19 def default fund ins A2008-40 s 19 def discontinuance reloc from s 3 A2007-3 amdt 3.479 sub A2008-40 s 19 def elected ins A2008-40 s 19 def eligible choice fund ins A2008-40 s 19 def general election reloc from s 3 A2007-3 amdt 3.479 sub A2008-40 s 19 def internally reviewable decision ins A2008-37 amdt 1.301 def internal review notice ins A2008-37 amdt 1.301 def invalidity reloc from s 3 A2007-3 amdt 3.479 sub A2008-40 s 19 def member reloc from s 3 A2007-3 amdt 3.479 sub A2008-40 s 19 def office-holder reloc from s 3 A2007-3 amdt 3.479 om A2008-40 s 19 def relevant period of service reloc from s 3 A2007-3 amdt 3.479 sub A2008-40 s 19 def reviewable decision ins A2008-37 amdt 1.301 def salary ins A2008-40 s 19 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A1994-60 28 February 1995 2 A2001-44 20 December 2001

Endnotes 5 Earlier republications page 28 Legislative Assembly (Members’ Superannuation) Act 1991 Effective: 01/07/11 R9 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No Amendments to Republication date 3 A2005-20 2 June 2005 4 A2007-3 12 April 2007 5 A2008-28 26 August 2008 6 A2008-40 4 September 2008 7 A2008-40 2 February 2009 8 A2008-40 5 September 2009 © Australian Capital Territory 2011

Several core concepts underpin the entire architecture of the Act, and understanding them precisely is essential to applying it correctly.

Discontinuance is defined exhaustively at s 3A. It is the triggering event for entitlement under Chapter 2. A discontinuance occurs when a member's term ends by death, resignation, invalidity retirement, disqualification or expulsion, dissolution of the Assembly, or expiry of term under s 10 of the Self-Government Act. Crucially, s 3A(2) provides that a discontinuance is taken not to have happened for Chapter 2 purposes if the member is re-elected at the immediately following general election (where the trigger was dissolution or term expiry). This means a member who loses their seat and then regains it at the same election cycle continues to accrue benefits as if the break never occurred, which has a compounding effect on the eventual benefit calculation.

Relevant period of service means the period of consecutive terms served as a member, but expressly excludes any period for which a superannuation benefit has already been received under Chapter 2 (s 3C). Consecutive is the operative word: a gap in service (that does not fall within the re-election carve-out in s 3A(2)) resets the clock. A member who serves two separated stints will have two separate relevant periods, each attracting its own benefit calculation.

Invalidity is defined strictly in s 3C: a permanent disability certified by at least two doctors, and decided by the board, to be likely to result in an inability ever to work in any occupation for which the person is reasonably qualified by education, training, or experience. This is a high threshold. The "ever" and "reasonably qualified" qualifiers both constrain entitlement. A member incapacitated from Assembly work but able to practise law, medicine, or their prior profession will not qualify.

Office-holder is defined at s 15(5) as a member who receives additional salary under the Remuneration Tribunal's determination for the Assembly. The office-holder status is relevant only for the calculation of annual percentage accruals under the defined benefit formula: years in which a member held an office-holder role attract an upwardly adjusted accrual percentage, because the TSR/TSPM multiplier (s 15(3)) produces a number greater than 1 when total salary received exceeds what basic salary alone would have produced.

Eligible choice fund carries its meaning from s 32D of the Commonwealth Superannuation Guarantee (Administration) Act 1992, tying the ACT definition directly to the federal regulatory framework. The default fund, if the member makes no choice within the required period, is First State Super (as at the republication date), or any alternative fund prescribed by regulation (dictionary).

Salary is defined (dictionary) to include additional salary but to exclude allowances. The exclusion of allowances from the salary base has a direct effect on contribution calculations and on the benefit formula for Chapter 2 members.

The Act's reach is deliberately narrow. Its primary subjects are current and former members of the ACT Legislative Assembly. The two-chapter structure divides those members into two cohorts based on when they were first elected.

Members elected before the 2008 general election, who remain in the defined benefits scheme, are directly affected by Chapter 2 in the most economically significant way: their eventual lump-sum payout is determined not by the performance of any investment fund, but by the statutory formula applied to salary at discontinuance and years of continuous service. For these members, the longer they serve and the higher the prevailing basic salary at discontinuance, the larger the benefit. The Territory (and by extension, ACT taxpayers) bears the gap between accumulated contributions and the formula-determined payout.

Members elected at or after the 2008 general election fall under Chapter 3. They receive employer contributions from the Territory at a minimum of 14% of salary but carry their own investment risk. They are closer in position to private-sector employees operating under the Commonwealth superannuation guarantee framework, though the Territory contribution rate of 14% exceeds the mandatory SGC rate significantly.

The ACT Legislative Assembly Members Superannuation Board is affected institutionally: it must administer entitlement claims, determine invalidity applications, hold properly constituted meetings, and produce annual reports. Its membership includes the Speaker (or Deputy Speaker) as chair, one elected government member, one elected opposition member, and the director-general of the administrative unit responsible for the Financial Management Act 1996.

Former members who have exited but not yet received their benefit are affected by the preservation rules in s 18, which defer payment to a compliant fund in most cases until the member is aged 55 and retired from the workforce, subject to the carve-outs for permanent departure from Australia, death, or invalidity.

Estates of deceased members are affected by s 17, which makes any benefit payable to the estate if the member dies after entitlement crystallises but before payment is made.

Members' contribution obligation. Section 13 imposes a mandatory duty on Chapter 2 members to pay 5% of salary into the Territory banking account in respect of superannuation benefits. This is not voluntary and does not depend on a choice by the member. There is no equivalent mandatory member contribution for Chapter 3 members, though an additional 1% Territory contribution is triggered where the member self-contributes at 3% or more of salary (s 24(2)(b)(ii)).

Right to a defined benefit. A person eligible under s 12 (holding or having held office as a member, upon discontinuance) is entitled to the lump-sum benefit calculated under s 15. The formula is SPA multiplied by BSD, where SPA is the accumulated annual percentage accruals and BSD is the basic member salary on the date of discontinuance. At 29% per full year, a member serving one full term of approximately four years would accrue roughly 116% of their basic salary as a lump sum, plus any office-holder uplift.

Death and invalidity supplementation. Where discontinuance results from death or invalidity and the member was under 60 at discontinuance, s 16 provides a further benefit. This further amount is the standard benefit scaled up by the ratio of days-remaining-to-60 to days-of-service, effectively compensating for the truncated accumulation period. It is important to note that s 16 only activates where discontinuance is caused by death or invalidity: a younger member who resigns or is expelled does not qualify.

Preservation. Section 18 provides that where a member entitled to a benefit is under 55, or is 55 or older but remains in the workforce, the benefit is generally not paid immediately to the member in cash. Instead it is transferred to an eligible choice fund nominated by the member, or if no nomination is made within three months, to the default fund. The exceptions are permanent departure from Australia, death, and invalidity, which attract immediate payment.

Right to transfer to the choice scheme. Section 18A gives a Chapter 2 member the option to elect to transfer to the choice scheme prospectively. Upon such an election, the board crystallises the defined benefit accrued to that point under s 15 and pays it to the chosen fund. Thereafter the member accumulates under Chapter 3.

Choice of fund. Chapter 3 members have the right to nominate an eligible choice fund under s 23. The choice, and any subsequent change, must be in writing to the Speaker. Without a valid nomination, contributions go to the default fund.

Review rights. Part 2.4 creates a two-stage review pathway. Any affected entity may apply to the board for reconsideration of an internally reviewable decision within 30 days of receiving the internal review notice (s 21), with the board able to allow a longer period. The board must determine the reconsideration within 30 days (s 21A). Following the board's decision on reconsideration, any entity with affected interests may apply to ACAT for external review (s 21C).

Board's annual report duty. Section 11A requires the board to present an annual report on its operations to the Legislative Assembly after each 30 June. This creates a modest but publicly enforceable accountability obligation.

The Act does not create any criminal offences or civil penalty provisions in its operative text. There are no fines for non-payment of contributions, no penalties for board members who miss meetings or fail to produce the annual report, and no sanctions on members who fail to nominate a fund within required periods.

The republication prefatory material notes that at the republication date, the value of a penalty unit is $110 for an individual and $550 for a corporation (Legislation Act 2001, s 133). However, no provision of this Act actually imposes a penalty in penalty units. The penalty unit value is therefore contextually relevant background for the broader ACT legislative framework, not operative in this Act.

The practical mechanism for ensuring contributions are made is the Territory's own payroll and banking administration, not criminal liability imposed on members. The 5% contribution under s 13 is deducted and paid into the Territory banking account; a member who somehow avoided it would presumably be subject to debt recovery under general law rather than any specific sanction in this Act.

Enforcement of board decisions is not directly addressed. If the board fails to pay an entitlement, the aggrieved member has the review pathway under Part 2.4 leading ultimately to ACAT review. ACAT has jurisdiction to review the board's reviewable decisions (s 21C), and any ACAT order would then be enforceable through ACAT's own procedural rules. The Act does not, however, grant any direct enforcement power to ACAT against the Territory's consolidated funds.

The absence of explicit penalties is characteristic of public-sector superannuation schemes where the employer is the Territory itself and coercive enforcement between the Territory and its own instrumentalities would be circular. The accountability mechanism is the annual report to the Legislative Assembly (s 11A) and, ultimately, political accountability.

The Act operates within a web of Territory and Commonwealth instruments, and several of those connections have direct legal consequences.

Commonwealth Superannuation Guarantee (Administration) Act 1992. The definition of "eligible choice fund" in the dictionary cross-references s 32D of the SGA Act directly. This means the eligibility criteria for any fund into which the Territory may pay contributions, or into which members may transfer defined benefits, are set federally and not within the ACT's power to alter without Commonwealth legislative change. The Territory cannot by regulation expand the universe of eligible funds beyond what the Commonwealth Act permits.

Legislation Act 2001 (ACT). This is the Act's constitutional parent in a legislative drafting sense. The Legislation Act governs how the Act is interpreted, how editorial changes are made, how notes are treated (s 3 and the Legislation Act s 127), and what a penalty unit is worth (s 133). The dictionary incorporates several definitions by cross-reference, including ACAT, Director-General, Speaker, Deputy Speaker, and the Remuneration Tribunal.

ACT Civil and Administrative Tribunal Act 2008. Part 2.4 of the superannuation Act plugs into the ACAT Act for the mechanics of review: the requirements for internal review notices and reviewable decision notices are prescribed under the ACAT Act (ss 20, 21B notes), and applications to ACAT are made under the ACAT Act's own procedure. The amendment inserting the current Pt 2.4 review structure was made by the ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) (A2008-37), which restructured review pathways across many ACT laws simultaneously when ACAT was created.

Financial Management Act 1996 (ACT). The director-general of the administrative unit responsible for the Financial Management Act 1996 is both a board member (s 7(1)(d)) and the secretary of the board (s 9). This creates a structural link between the superannuation board and the Territory's central financial management apparatus, ensuring Treasury-aligned oversight sits inside the governance structure.

Self-Government Act (ACT). Section 3A(1)(f) references s 10 of the Self-Government Act for the concept of the ending of a member's term of office, and s 3A(2) uses that reference in determining whether a discontinuance is to be treated as having occurred. The Self-Government Act thus defines the electoral events that gate entitlement under the defined benefit scheme.

Electoral Act 1992 (ACT). The dictionary definition of "elected" extends to persons declared elected under s 194(1) and s 195(1) of the Electoral Act, capturing by-election winners and Assembly nominees. This breadth ensures the superannuation entitlement framework applies to members however they entered the Assembly.

The Act has been amended nine times in the period to 1 July 2011, resulting in the current Republication No 9. The Act was originally notified on 24 December 1991 under the name Superannuation (Legislative Assembly Members) Act 1991, with substantive provisions commencing 6 January 1992.

The first amendment was by the Administrative Appeals (Consequential Amendments) Act 1994 (A1994-60), which adjusted internal review provisions in what were then ss 20 and 21 to reflect changes to the Territory's administrative appeals architecture.

The Financial Management and Audit (Consequential and Transitional Provisions) Act 1996 (A1996-26) made minor consequential changes, including to s 13 (contributions to the Territory banking account, substituting earlier financial management terminology) and to what was then s 14 (since omitted).

The Legislation (Consequential Amendments) Act 2001 (A2001-44) made housekeeping amendments, including substituting s 23 and relocating definitions consistent with the new Legislation Act 2001 framework.

Statute Law Amendment Acts in 2005 (A2005-20) and 2007 (A2007-3) made further formal amendments: relocating definitions from the body of the Act to the dictionary, restructuring the name of the Act provision, and making other drafting-style updates.

The most substantively significant amendment was the Superannuation (Legislative Assembly Members) Amendment Act 2008 (A2008-40). This Act renamed the statute to its current title, inserted the dual-chapter architecture (Ch 2 defined benefit scheme, Ch 3 choice of funds scheme), inserted the definition of discontinuance at s 3A, the Chapter 2 application provision at s 3B, defined terms at s 3C, substituted or amended the entitlement provisions (ss 12, 13, 15, 16, 17, 18), inserted s 18A (transfer to choice scheme), inserted Part 2.4 review framework (in initial form), and inserted Chapter 3 (ss 22, 23, 24) and Chapter 4 (s 25). A transitional chapter (Ch 10) was inserted and expired on 4 September 2009. This was the Act's structural overhaul: it converted what had been a purely defined benefit Act into the hybrid it remains today.

The Statute Law Amendment Act 2008 (A2008-28) substituted ss 8 and 9 (Chair and Secretary provisions) as part of broader statute law clean-up.

The ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) (A2008-37) substituted Part 2.4 in its entirety when ACAT commenced in February 2009, inserting the current ss 19, 20, 21, 21A, 21B, and 21C to align review pathways with the new tribunal.

The final amendment in scope is the Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 (A2011-22), which amended ss 7 and 9 (and the dictionary) to reflect machinery-of-government changes to the ACT public service structure effective 1 July 2011.

The source text names no cases. No litigation involving this Act is recorded or cited anywhere in the republicated instrument, including the endnotes. No judicial decisions, tribunal decisions, or appeals are referenced in the body of the Act, the amendment history, or the legislation history.

This is not surprising for a relatively small, self-contained public-sector superannuation Act covering a unicameral legislature of 17 members. Any dispute about entitlement would ordinarily be resolved at board level or, at most, by ACAT review. Given that ACAT review jurisdiction was only introduced by A2008-37 with effect from February 2009, and that the present republication dates to July 2011, there has been limited time for a litigated body of law to develop even if disputes had arisen. The defined benefit formula is sufficiently mechanical that most disputes would turn on factual questions (days of service, salary at discontinuance, presence or absence of invalidity certification) rather than interpretive legal questions generating reported decisions.

Several features of the Act present traps for the unwary practitioner.

The re-election carve-out resets no clock but prevents no "double-dip" trap. Section 3A(2) is protective: it prevents a dissolution or term-expiry from being counted as a discontinuance if the member is re-elected at the immediately following general election. However, s 3C defines "relevant period of service" to exclude service for which a benefit has already been received. A member who took their defined benefit payout between periods of service, then returned to the Assembly, starts accruing a fresh relevant period only. They do not add the new service to the prior entitlement already paid.

The invalidity threshold is demanding. The double-doctor certification requirement plus the board's own decision that the disability is likely to result in an inability ever to work in any occupation for which the member is reasonably qualified (s 3C) is a materially higher bar than, for example, total and permanent disability thresholds in retail superannuation products, which often focus on inability to perform the member's own occupation. A politician who suffers a serious but recoverable illness will not qualify; nor will one who retains capacity in any reasonably matched occupation.

The preservation carve-out is narrow. Section 18(2)(a) allows immediate payment only where the person is permanently leaving Australia or the discontinuance was caused by death or invalidity. A member who leaves the Assembly under the age of 55 and has no intention of leaving Australia permanently, and is not qualifying on invalidity grounds, must have their benefit transferred to a fund. They cannot elect immediate cash payment simply because they want it.

The three-month fund-nomination default. Under s 18(2)(b)(ii), where the member does not choose an eligible choice fund within three months of becoming entitled, the benefit goes to the default fund. At the republication date the default fund is First State Super (or a regulation-prescribed alternative). A member who fails to engage within the three-month window loses the ability to direct the benefit elsewhere. The obligation to act within the window is on the member, and neither the Act nor any provision places a reminder obligation on the board.

Office-holder uplift applies only to the percentage accrual, not to BSD. The s 15(3) TSR/TSPM multiplier increases the accrual percentage for years in which the member was an office-holder, but the BSD figure (the salary base applied at discontinuance) is always the basic salary payable to non-office-holders at the date of discontinuance. A departing office-holder does not get their higher salary embedded in the BSD; their advantage is only in the accrual multiplier applied to prior years when the additional salary was received.

Chapter 3 territorial contribution rate is not fixed. The 14% designated percentage in s 24(2)(a) can be altered by regulation (s 24(2)(b)). This means the employer contribution rate for post-2008 members is not entrenched in primary legislation and can be changed by the Executive without Assembly scrutiny beyond the standard disallowance mechanism for disallowable instruments.

Salary excludes allowances. The dictionary definition of salary expressly excludes allowances. For members who receive substantial allowances (for example, travel or electorate allowances), the contribution and benefit base is smaller than their total remuneration package would suggest.

For practitioners advising a current ACT Assembly member or a departing member, compliance obligations depend on which chapter applies.

Chapter 2 members (elected before 2008 general election, who have not elected to transfer). The primary obligation is mandatory contribution: 5% of salary must be paid into the Territory banking account (s 13). This is an administrative matter typically handled by the Assembly's payroll function, but the member should confirm it is occurring correctly. On leaving the Assembly, the member (or their legal adviser) should promptly engage with the board to claim the benefit under s 15. If the member is under 55 or is 55 or older but still in the workforce (s 18(1)), the benefit will be preserved: the member must within three months nominate an eligible choice fund in writing to the board (s 18(3)). Failure to nominate means the benefit defaults to First State Super. If the member is considering the transfer election under s 18A, the election must be in writing to the board (s 18A(2)).

Chapter 3 members (elected at or after 2008 general election). The member should promptly nominate an eligible choice fund by written notice to the Speaker (s 23(3)). The Territory will then pay the designated percentage (default 14%) of salary to that fund each year (s 24(1)). To attract the additional 1% Territory contribution, the member must ensure they are contributing at a personal rate of at least 3% of salary to the same fund for the relevant period (s 24(2)(b)(ii)). If no fund nomination is made, contributions go to the default fund.

Board members and Assembly administration. The board must hold meetings on proper five-days notice specifying the agenda (s 10(2)). A quorum of three is required for decisions (s 11(4)), with the chair having a casting vote in a tie (s 11(6)). Minutes must be kept (s 11(7)). After each 30 June, the board must present an annual report to the Assembly (s 11A). When making any internally reviewable decision, the board must issue an internal review notice to affected entities (s 20) in the form required under the ACAT Act. On reconsideration (following an application under s 21), the board has 30 days to confirm, vary, or substitute the decision (s 21A). A reviewable decision notice must follow (s 21B).

Persons seeking external review. A person wishing to take a board decision to ACAT must ensure they have first obtained an internal review notice, applied for reconsideration within 30 days of receiving that notice (or within any extension the board permits), and waited for the board's reconsidered decision before applying to ACAT. The application must be made in any approved ACAT form. There is no stated time limit for the ACAT application in this Act; the ACAT Act's own procedural rules govern timing.

Legislative Assembly (Members' Superannuation) Act 1991

Plain English Summary

Deep Dive

What it does

Current sections

Legislative Assembly (Members' Superannuation) Act 1991

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply