(1) In this Part unless inconsistent with the context or subject-matter—
S. 10(1) def. of additional salary inserted by No. 36/2019 s. 16(a).
additional salary means the amount of additional salary calculated in accordance with the Table in subsection (6);
S. 10(1) def. of adult child inserted by No. 40/2010 s. 16(1).
adult child has the same meaning as in section 10A;
S. 10(1) def. of basic salary substituted by No. 9432 s. 2(2), amended by No. 5/2019 s. 60(a).
basic salary means in relation to any period before 30 March 1975 the annual salary payable to a member of the Parliament of Victoria under Part I or any corresponding previous enactment to a person holding the office specified as "any other member of the Council or the Assembly" and in relation to any period commencing on or after that day but before the first Determination is made under section 17 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 means basic salary as defined in section 3, and in relation to any period commencing on or after the first Determination is made, means the basic salary portion indexed annually in respect of each relevant financial year—
(a) by the annual indexation of the basic salary portion as set out under section 17(5)(c) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019; or
(b) by the annual increase in the All Groups Consumer Price Index number for Melbourne; or
(c) by the annual increase in full-time adult average weekly ordinary time earnings of employees in Victoria in original terms as published by the Australian Bureau of Statistics—
whichever results in the greater value;;
S. 10(1) def. of basic salary portion inserted by No. 5/2019 s. 60(b).
basic salary portion means the basic salary portion set under section 17(5)(b) of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019;
S. 10(1) def. of Board inserted by No. 61/2013 s. 16(5).
Board means the Emergency Services Superannuation Board established under section 5 of the Emergency Services Superannuation Act 1986;
S. 10(1) def. of inserted by No. 8663 s. 5(a), substituted by No. 58/1994 s. 3, amended by Nos 4/1996 s. 75(a), 27/2001 s. 5(Sch. 3 item 3.1(b)), 61/2013 s. 16(7).
child
child in relation to a former member who is deceased means a child of himself or herself or of his or her partner other than any child born more than 10 months after his or her death who is—
(a) under 18 years of age; or
(b) between the age of 18 and 25 years and in the opinion of the Board is a full-time student;
S. 10(1) def. of complying super-annuation fund
inserted by No. 4/1996 s. 65(a).
complying superannuation fund means a superannuation entity or a superannuation fund within the meaning of section 10 of the Commonwealth Superannuation Industry (Supervision) Act 1993 which is a complying superannuation fund or a complying approved deposit fund within the meaning of Part IX of the Commonwealth Income Tax Assessment Act 1936;
S. 10(1) def. of domestic partner inserted by No. 27/2001 s. 5(Sch. 3 item 3.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 43.1), amended by No. 4/2009 s. 37(Sch. 1 item 18.1).
domestic partner of a person means—
(a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or
(b) a person to whom the person is not married but with whom, in the opinion of the Board, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
election means an election for the Council or the Assembly;
S. 10(1) def. of Fund repealed by No. 61/2013 s. 16(4).
S. 10(1) def. of net earning rate
inserted by No. 4/1996 s. 65(c), amended by No. 61/2013 s. 16(6)(7).
net earning rate means in respect of any particular period, and for any particular purpose, the rate of earnings (which may be positive or negative) as determined by the Board in respect of the Scheme for that period and that purpose and having regard to—
(a) the income derived from the investment of the Scheme; and
(b) any realised or unrealised gains or losses in respect of any investments of the Scheme; and
(c) any tax; and
(d) any other relevant expenses of the Scheme; and
(e) any relevant specified standards; and
(f) any other matters the Board considers relevant;
S. 10(1) def. of occupational super-annuation standards inserted by No. 56/1992 s. 3, repealed by No. 4/1996 s. 65(b).
S. 10(1) def. of partner inserted by No. 27/2001 s. 5(Sch. 3 item 3.1(a)), substituted by No. 40/2010 s. 17(1).
partner of a person means the person's spouse or domestic partner;
S. 10(1) def. of Scheme inserted by No. 61/2013 s. 16(5).
Scheme means the Scheme established under section 15 of the Emergency Services Superannuation Act 1986;
S. 10(1) def. of secretary substituted by Nos 110/1993 s. 101, 4/1996 s. 65(d), repealed by No. 61/2013 s. 16(4).
S. 10(1) def. of specified standards inserted by No. 4/1996 s. 65(e).
specified standards means standards specified under section 24C;
S. 10(1) def. of spouse inserted by No. 8663 s. 5(b), substituted by Nos 110/1993 s. 101, 27/2001 s. 5(Sch. 3 item 3.1(c)).
spouse of a person means a person to whom the person is, or was at the time of the person's death, married;
S. 10(1) def. of surchargeable contributions inserted by No. 29/2000 s. 10.
surchargeable contributions means the surchargeable contributions of a member for a particular financial year worked out in accordance with section 8 of the Commonwealth Superannuation Contributions Tax (Assessment and Collection) Act 1997 and any regulations made under that section that apply in respect of that particular financial year;
S. 10(1) def. of surcharge debt account inserted by No. 29/2000 s. 10.
surcharge debt account means, in relation to a person who is or has been a member, the surcharge debt account kept for that person (while he or she was a member) under section 24D;
S. 10(1) def. of surcharge deduction amount inserted by No. 29/2000 s. 10, amended by No. 61/2013 s. 16(7).
surcharge deduction amount means, in relation to a person—
(a) who is or has been a member; and
(b) to or in respect of whom benefits become payable under this Act—
the surcharge deduction amount that is specified in a determination made by the Board under section 24D in relation to the person;
S. 10(1) def. of trustee repealed by No. 61/2013 s. 16(4).
S. 10(1A) inserted by No. 27/2001 s. 5(Sch. 3 item 3.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 43.2).
(1A) For the purposes of the definition of domestic partner in subsection (1)—
S. 10(1A)(a) amended by No. 4/2009 s. 37(Sch. 1 item 18.2(a)).
(a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and
S. 10(1A)(b) amended by No. 4/2009 s. 37(Sch. 1 item 18.2(b)).
(b) in determining whether persons who are not or were not in a registered domestic relationship are or were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 10(2) amended by Nos 8663 s. 9(a), 27/2001 s. 5(Sch. 3 item 3.3), 40/2010 s. 16(2).
(2) This Part shall apply to and in relation to any person who becomes a member on or after the commencement of this Part and to and in relation to the partner and children and adult children of any such person.
(3) For the purposes of this Part a member shall be deemed not to have ceased to be a member by reason only of retirement by effluxion of time or the dissolution of the Council or (as the case may be) retirement by effluxion of time or the dissolution of the Assembly.
S. 10(4) inserted by No. 9753 s. 4(1).
(4) For the purposes of this Part, the basic salary shall be deemed not to have been altered by a determination of the Remuneration Tribunal established under the Remuneration and Allowances Tribunals Act 1973 of the Commonwealth as amended from time to time until the period specified in that Act for either House of the Parliament of the Commonwealth to disapprove of the determination has elapsed, but where that period has elapsed and the determination has not been disapproved of by either House of the Parliament the basic salary shall for the purposes of this Part be calculated from the date on which the determination of the Remuneration Tribunal takes effect.
S. 10(5) inserted by No. 40/2010 s. 17(2), amended by No. 61/2013 s. 16(7).
(5) The definition of partner as substituted by section 17(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the determination by the Board of an entitlement arising under this Act on or after the commencement of the substituting section.
S. 10(6) inserted by No. 36/2019 s. 16(b).
(6) For the purposes of the definition of additional salary, additional salary means the highest additional salary amount specified in the Table in respect of the offices held by the Member.
Table
| Office | Additional Salary |
| | % per annum of basic salary |
| Premier | 100 |
| Deputy Premier | 85 |
| Any other responsible Minister of the Crown | 75 |
| Leader of the Opposition | 75 |
| President | 65 |
| Speaker | 65 |
| Deputy President | 20 |
| Deputy Speaker | 20 |
| Deputy Leader of the Opposition in the Assembly | 32 |
| Leader of the Opposition in the Council | 32 |
| Leader of the Third Party (unless the Leader of the Third Party is also Leader or Deputy Leader of the Opposition or a Minister of the Crown) | 32 |
| Cabinet Secretary | 32 |
| Parliamentary Secretary to the Premier | 20 |
| Chairperson of the Public Accounts and Estimates Committee | 20 |
| Government Whip in the Assembly | 18 |
| Deputy Leader of the Opposition in the Council | 18 |
| Deputy Leader of the Third Party (unless the Deputy Leader of the Third Party is also Leader or Deputy Leader of the Opposition or a Minister of the Crown) | 18 |
| Parliamentary Secretaries | 15 |
| Chairperson of the Scrutiny of Acts and Regulations Committee | 15 |
| Chairperson of the Integrity and Oversight Committee | 15 |
| Government Whip in the Council | 11 |
| Opposition Whip in the Assembly | 11 |
| Opposition Whip in the Council | 11 |
| Whip of the Third Party in the Assembly | 11 |
| Whip of the Third Party in the Council | 11 |
| Deputy Government Whip in the Assembly | 10 |
| Chairperson of a standing committee appointed under standing orders of the Assembly or the Council | 10 |
| Chairperson of a Joint Investigatory Committee within the meaning of the Parliamentary Committees Act 2003 which is not otherwise provided for in this Table | 10 |
| Chairperson of joint select committee where resolution establishing committee so provides that chairperson is entitled | 5 |
| Deputy chairperson of the Public Accounts and Estimates Committee | 4 |
| Deputy chairperson of the Scrutiny of Acts and Regulations Committee | 4 |
| Deputy chairperson of the Integrity and Oversight Committee | 4 |
| Secretary of the Party forming the Government | 4 |
| Secretary of the Opposition Party | 4 |
| Secretary of the Third Party | 4 |