(1) If the ESS Board accepts an application under section 67D, the ESS Board must commute the pension entitlement specified in the application into a complying pension under the Beneficiary Choice Scheme.
(2) The method of calculating the commutation benefit of an eligible pensioner under subsection (1) is to be determined by the Minister on the advice of an actuary appointed by the ESS Board.
S. 67E(3) amended by No. 40/2010 s. 39.
(3) The ESS Board is released from any liability in respect of the entitlements of an eligible pensioner and of any partner specified in the application under section 67D as soon as the eligible pensioner becomes entitled to a complying pension under the Beneficiary Choice Scheme.
Pt 4B (Headings and new ss 86W–86ZM) inserted by No. 85/2012 s. 133, amended by No. 82/2012, s. 314(d)(e), repealed by No. 81/2013 s. 281.
Pt 5
(Heading and ss 87–91T) amended by Nos 6957
ss 6, 7, 8179 s. 3(l)–(n), 9019 s. 2(1)(Sch. item 186), 9066 s. 6, 9433 ss 4–8, 9906 ss 5, 6, 10250 ss 11–15, 16/1986 s. 30, 15/1989 ss 18, 19, 19/1989 s. 16(Sch. items 44.7–44.10), 57/1989 s. 3(Sch. item 156.7), 42/1990 s. 7, 11/1992 s. 14(1), 35/1993 ss 11, 12, 23/1996 s. 5, 35/1996 s. 453(Sch. 1 item 65.2), 26/1997 s. 48(d)(e), 46/1998 s. 7(Sch. 1), 30/1999 ss 21, 29, 61/1999 ss 9–14, 9/2001
ss 7–12, 108/2004 s. 117(1)(Sch. 3 item 158.5), 80/2006 s. 26(Sch. item 84), substituted
as Pt 5 (Heading and ss 87–87V) by No. 77/2012 s. 16, repealed by No. 81/2013 s. 281.
s. 87
Pt 5AA (Heading and ss 87W–87ZR) inserted by No. 77/2012 s. 17, repealed by No. 81/2013 s. 281.
Pt 5A (Heading and ss 92–102) amended by Nos 6505 s. 2, 6957 ss 3(c), 5, 8, 12(2), 8179 s. 3(o)–(q), 8745 s. 4, 9066 s. 7, 9906 s. 7, 9576 s. 11(1), 9945 s. 3(3)(Sch. 2 items 28, 29), 15/1989 s. 8(2), 57/1989 s. 3(Sch. items 156.8–156.11), 42/1990 ss 8(b)–(i), 13(f), 11/1992 s. 14(2)(3), 35/1993 ss 13, 14, 30/1999 ss 22–26, 25/2009 ss 22–26, 68/2009, s. 97(Sch. items 93.3, 93.4), 40/2010 s. 40, 85/2012 ss 134–136, repealed by 81/2013 s. 281.
s. 87W
Pt 5B (Heading and ss 102A–102I) inserted by No. 63/2004 s. 3 (as amended by No. 79/2004 s. 130), amended by Nos 79/2004 ss 90–95, 108/2004 s. 117(1) (Sch. 3 items 158.6–158.8), 43/2006 s. 47(Sch. item 4), 52/2007 s. 6, 67/2007
ss 8–13, repealed by No. 34/2008 s. 142(23).
s. 102A
Pt 5C (Heading and ss 102L–102U) inserted by No. 87/2005 s. 16, amended by No. 77/2012 s. 18, repealed by No. 81/2013 s. 281.
Part VI—Retired Police Reserve
S. 103 amended by Nos 26/1997
s. 45(1), 61/1999 s. 15(1), 77/2012 s. 19, 85/2012 s. 137, repealed by No. 81/2013 s. 282(a).
No. 6017 s. 3.
S. 104 amended by No. 81/2013 s. 282(b).
104 Qualifications
s. 104
A person shall not be deemed a fit and proper person to continue as a police reservist unless—
S. 104(a) repealed by No. 73/1996 s. 66.
(b) he is free from any illness or physical defect which would render him physically unfit to perform the duties of a police reservist;
S. 104(c) amended by No. 61/1986
s. 5(4).
(c) he is an Australian citizen or a British subject within the meaning of section 55(2)(a) or (b) of the Interpretation of Legislation Act 1984 and of good character and reputation; and
(d) he has served for not less than two years in the police force of Victoria.
S. 105 amended by Nos 15/1989
s. 7(2)(a)–(c), 57/1989
s. 3(Sch. item 156.12), repealed by No. 81/2013 s. 282(c).
Ss 106–108 repealed by No. 81/2013 s. 282(c).
S. 109 substituted by No. 26/1997
s. 46, repealed by No. 81/2013 s. 282(c).
S. 110 repealed by No. 81/2013 s. 282(c).
S. 111 amended by No. 42/1990
s. 8(j), repealed by No. 81/2013 s. 282(c).
s. 106
Ss 112, 113 repealed by No. 81/2013 s. 282(c).
S. 114 amended by Nos 9392
s. 2(a)(b), 9469
s. 2, 9975 s. 6, repealed by No. 11/1992
s. 15(1).
S. 115 amended by No. 10250
s. 16, repealed by No. 11/1992 s. 15(1).
S. 115A inserted by No. 9392 s. 3, repealed by No. 11/1992
s. 15(1).
S. 115B inserted by No. 9392 s. 3, amended by No. 11/1992
s. 15(2), repealed by No. 81/2013 s. 282(c).
S. 116 amended by No. 10/2004 s. 15(Sch. 1 item 21.2), repealed by No. 81/2013 s. 282(c).
s. 115A
S. 117 repealed by No. 81/2013 s. 282(c).
S. 118 amended by No. 6886 s. 3, repealed by No. 81/2013 s. 282(c).
Pt 6A (Heading
and ss 118A–118K)
inserted by No. 32/1987
s. 4, amended by Nos 15/1989 ss 7(3), 20, 21, 57/1989 s. 3(Sch. item 156.13), 42/1990 ss 9, 10, 11/1992 s. 16, 35/1993 s. 15, 73/1996 s. 67, 26/1997 ss 45(2), 47, 61/1999 s. 15(2)(3), 9/2001 s. 13, 2/2011 s. 3, 43/2011 ss 3, 4, 77/2012 s. 20, 85/2012 s. 138, repealed by No. 81/2013 s. 283.
s. 118A
Pt 6B (Heading and ss 118L–118Q) inserted by No. 110/2004 s. 17, amended by No. 67/2013 s. 649(Sch. 9 item 29(2)), repealed by No. 81/2013 s. 283.
Pt 6C (Heading and ss 118R–118ZA) inserted by No. 52/2007 s. 7, repealed by No. 81/2013 s. 283.
Part VII—Miscellaneous Provisions
No. 3750 s. 75.
119 Governor may recommend increase of pensions etc.
s. 119
Nothing in this Act contained shall be taken to prevent the Governor from recommending by message to the Legislative Assembly any addition to any pension gratuity or allowance in consideration or recognition of any special services rendered by any member of the force entitled thereto or of any other unusual circumstances.
S. 120 amended by Nos 6957 s. 9, 7135 s. 9(2), 8759 s. 2, 8959 s. 2, 9392 s. 4, 9469 s. 3, 9906 s. 8(a)–(d), repealed by No. 81/2013 s. 284.
S. 120A inserted by No. 7536 s. 3, amended by No. 8759
s. 3(a)(i)(ii)(b), substituted by No. 8959 s. 3, amended by Nos 9906
s. 9(a)(b), 42/1990
s. 13(g), repealed by No. 81/2013 s. 284.
S. 120B inserted by No. 9906
s. 10, repealed by No. 81/2013 s. 284.
S. 121 repealed by No. 6957 s. 5, new s. 121 inserted by No. 7349
s. 2(c), amended by No. 11/1992 s. 17(1)(2), repealed by No. 81/2013 s. 284.
S. 122 amended by Nos 6957
s. 2(g), 8179
s. 3(r)(i)(ii), 9902 s. 2(1)(Sch. item 207), substituted by No. 10250
s. 17, amended by Nos 16/1987 s. 4(3)(Sch. 1 item 18), 9/2001 s. 14, 84/2001 s. 11, repealed by No. 81/2013 s. 284.
s. 121
S. 123 amended by Nos 6505 s. 2, 8179 s. 3(s), repealed by No. 9906
s. 11,
new s. 123 inserted by No. 61/1999 s. 16, repealed by No. 81/2013 s. 284.
S. 124 substituted by No. 10250
s. 18, amended by No. 57/1989
s. 3(Sch. item 156.14(a)–(c)), repealed by No. 81/2013 s. 284.
S. 124A inserted by No. 75/2005 s. 49(Sch. 4 item 2), repealed by No. 81/2013 s. 284.
S. 125 amended by Nos 9019
s. 2(1)(Sch. item 187), 57/1989 s. 3(Sch. item 156.15(a)(b)), 9/2001 s. 15, repealed by No. 81/2013 s. 284.
s. 124
S. 126 amended by No. 6957
ss 4(1)(d), 12(3), repealed by No. 9906 s. 12, new s. 126 inserted by No. 79/2004 s. 96, repealed by No. 81/2013 s. 284.
S. 127 amended by No. 42/1990
s. 8(k), repealed by No. 81/2013 s. 284.
S. 127A inserted by No. 7081
s. 20, amended by Nos 42/1990
s. 8(l), 35/2002 s. 11, 110/2004 s. 18, 24/2005 s. 26, 30/2007 s. 237, 52/2007 s. 8, 40/2010 s. 44(2), 32/2011 s. 22, 85/2012 s. 139, 55/2013 s. 16, repealed by No. 81/2013 s. 284.
S. 128 amended by Nos 57/1989
s. 3(Sch. item 156.16(a)(b)), 68/2009 s. 97(Sch. item 93.5), repealed by No. 81/2013 s. 284.
s. 127A
S. 129 amended by Nos 6833 s. 4, 6886 s. 3, 6957 s. 2(h), 42/1990
s. 12(1)(b)(i)(ii), 11/1992 s. 18, repealed by No. 81/2013 s. 284.
S. 129A inserted by No. 35/1993
s. 16, amended by Nos 32/2004 s. 19, 63/2004 s. 5, 79/2004 ss 97, 98, 34/2008 ss 140, 142(24), 60/2008 s. 12, repealed by No. 81/2013 s. 284.
s. 86, 5126
s. 23(1)(g), 5260 s. 2.
130 Regulations
(1) The Governor in Council may make regulations for or with respect to—
(a) deductions from service for sickness misconduct or neglect of duty;
(b) the mode in which pensions gratuities or allowances are to be paid;
(c) the declarations to be made as a condition of the payment of pensions gratuities or allowances payable under Division two of Part III of this Act;
S. 130(1)(d) repealed by No. 81/2013 s. 284.
S. 130(1)(da) inserted by No. 6957
s. 10(a), amended by No. 9469
s. 4, substituted by No. 87/2005 s. 17, repealed by No. 81/2013 s. 284.
S. 130(1)(db) inserted by No. 6957
s. 10(a), amended by No. 9469
s. 4, repealed by No. 81/2013 s. 284.
(dc)(dd) inserted by No. 6957
s. 10(a), repealed by No. 81/2013 s. 284.
S. 130(1)(de) inserted by No. 6957
s. 10(a), amended by No. 42/1990
s. 11, substituted by No. 9/2001 s. 16, repealed by No. 81/2013 s. 284.
S. 130(1)(dea) inserted by No. 9066
s. 8(1), substituted by Nos 10250
s. 19(a), 11/1992
s. 17(3), repealed by No. 81/2013 s. 284.
(df)(dg) inserted by No. 6957
s. 10(a), repealed by No. 81/2013 s. 284.
S. 130(1)(dh) inserted by No. 10250
s. 19(b), repealed by No. 81/2013 s. 284.
(e) appeals provided for in Division two of Part III of this Act and the costs of such appeals;
S. 130(1)(f) substituted by No. 35/1993
s. 17, amended by No. 61/1999 s. 17, substituted by No. 77/2012 s. 21(1)(a), repealed by No. 81/2013 s. 284.
S. 130(1)(g) amended by No. 6957
s. 10(b), substituted by No. 35/1993
s. 17, repealed by No. 81/2013 s. 284.
S. 130(1)(ga) inserted by No. 85/2012 s. 140, repealed by No. 81/2013 s. 284.
S. 130(1)(h) amended by No. 6957
s. 10(c), substituted by No. 35/1993
s. 17, amended by Nos 61/1999 s. 17, 77/2012 s. 21(1)(b), repealed by No. 81/2013 s. 284.
S. 130(1)(i) amended by No. 6957
s. 10(d), substituted by No. 42/1990
s. 4(7), repealed by No. 35/1993
s. 17, new s. 130(1)(i) inserted by No. 43/2011 s. 5, repealed by No. 81/2013 s. 284.
(ia)–(ic) inserted by No. 77/2012 s. 21(1)(c), repealed by No. 81/2013 s. 284.
(j) generally any matter or thing required or permitted to be prescribed or which is necessary or convenient to be prescribed for carrying this Act into effect.
S. 130(2) repealed by No. 6886
s. 3, new s. 130(2) inserted by No. 77/2012 s. 21(2).
(2) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time, place or circumstances; and
(c) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any person whether—
(i) wholly or partially or as amended by the regulations; or
(ii) formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or
(iii) as formulated, issued, prescribed or published from time to time; and
(d) may leave anything for the approval or satisfaction of a specified person; and
(e) may provide in a specified case or class of case for the exemption of persons or things or a specified class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified.
S. 131
inserted by No. 61/1999 s. 18, repealed by No. 81/2013 s. 284.
S. 132 inserted by No. 32/2004 s. 20,
repealed by No. 34/2008 s. 142(25).
S. 133 inserted by No. 63/2004 s. 6,
amended by No. 79/2004 s. 99,
repealed by No. 34/2008 s. 142(25).
S. 134 inserted by No. 87/2005 s. 17, repealed by No. 81/2013 s. 284.
S. 135 inserted by No. 67/2007 s. 14,
repealed by No. 34/2008 s. 142(25), new s. 135 inserted by No. 77/2012 s. 22, repealed by No. 81/2013 s. 284.
S. 136 inserted by No. 34/2008 s. 141, repealed by No. 13/2012 s. 11(13).
s. 133
SCHEDULES
Sch. 1 repealed by No. 35/1993
s. 4, new Sch. 1 inserted by No. 9/2001 s. 17, amended by Nos 52/2008 s. 256, 68/2008 s. 81, 53/2010 s. 221(Sch. item 8) (as amended by No. 20/2011 s. 10(2)), 63/2010 s. 81(Sch. item 8), 83/2012 s. 31(2), repealed by No. 81/2013 s. 285.
Sch. 1A inserted by No. 72/1992
s. 8,
amended by Nos 26/1997 s. 48(f), 46/1998 s. 7(Sch. 1), 30/1999 ss 27, 28, repealed by No. 61/1999 s. 19.
Sch. 1
Sch. 2 amended by No. 87/2005 s. 19, repealed by No. 81/2013 s. 285.
Ss 23, 25, 39.
THIRD SCHEDULE
Sch. 3
FORM A
We certify that on the day of 19 we examined
a member of the Police Force of Victoria and we further certify that we believe that he is incapable of the discharge of his duties as a member of the said force from infirmity of [state whether of mind or body] and that we believe such infirmity is likely to be permanent and was not occasioned by any excess or misconduct on his part.
Dated this day of 19
Members of the Medical Board.
s. 5(3).
FORM B
Having considered medical evidence submitted to us as to the health of
a member of the Police Force of Victoria, we certify that we believe that he is incapable of the discharge of his duties as a member of the said force from infirmity of [state whether of mind or body] and that we believe such infirmity is likely to be permanent and was not occasioned by any excess or misconduct on his part.
Dated this day of 19
Members of the Medical Board.
Ss 40, 46, 58, 59, 60.
FOURTH SCHEDULE
Scales of Pensions, Allowances and Gratuities
PART I
Members of the Police Force
(a) Ordinary Pensions
1 On retirement under section forty-two of this Act—Such proportion of the annual pay as is specified in scale number 1, set out in the subjoined table.
2 On retirement under paragraph (a) ofsection forty-three of this Act—Such proportion of the annual pay as is specified in scale number 2, set out in the said table.
(b) Special Pensions
3 On retirement under paragraph (b) of section forty-three of this Act—
(a) On total disablement from an injury received in the execution of duty—
(i) if the injury is non-accidental, such proportion of the annual pay as is specified in scale number 3 in the said table;
(ii) if the injury is accidental, such proportion of the annual pay as is specified in scale number 4 in the said table;
cl. 3(a)(iii) amended by No. 120/1994
s. 6(2)(a).
(iii) if it is not possible to determine definitely whether the injury is accidental or non-accidental, such rate intermediate between the rates prescribed in the preceding paragraphs (i) and (ii) as ESS Board determines.
(b) On partial disablement from an injury received in the execution of duty—
Such proportion of the pension applicable in case of total disablement as the degree of disablement bears to total disablement:
Provide that the pension shall not be less than such proportion of the annual pay as is specified, if the injury was non-accidental, in scale number 5 in the subjoined table, and otherwise in scale number 6 in the said table.
(c) Gratuities
Sch. 4 cl. 4 amended by No. 40/2010 s. 43(3).
4 On retirement under paragraph (c) of section forty-three of this Act—The gratuity shall be an amount equal to one-twelfth of the annual pay for each completed year of approved service or, where a member of the force has not completed one year of approved service, an amount equal to one-twelfth of the whole pay received by him or her.
TABLE
Scales of Pensions
Proportion of Pension to Pay on Retirement
On retirement under section 43(b)
Completed years of approved service
Scale No. 1 On retirement under section 42
Scale No. 2 On retirement under section 43(a)
Scale No. 3 On total disablement from non-accidental injury received in execution of duty
Scale No. 4 On total disable-ment from accidental injury received in execution of duty
Scale No. 5 On partial disable-ment from non-accidental injury received in execution of duty
Scale No. 6 On partial disable-ment from accidental injury received in execution of duty
60ths
60ths
60ths
60ths
60ths
60ths
1 or less
. .
. .
45
30
20
10
2
. .
. .
45
30
20
10
3
. .
. .
45
30
20
10
4
. .
. .
45
30
20
10
5
. .
. .
45
30
20
10
6
. .
. .
45
30
20
10
7
. .
. .
45
30
20
10
8
. .
. .
45
30
20
10
9
. .
. .
45
30
20
10
10
. .
10
45
30
20
10
11
. .
11
48
32
21
11
12
. .
12
48
32
22
12
13
. .
13
48
32
23
13
14
. .
14
48
32
24
14
15
15
15
48
32
25
15
16
16
16
51
34
26
16
17
17
17
51
34
27
17
18
18
18
51
34
28
18
19
19
19
51
34
29
19
20
20
20
51
34
30
20
21
22
22
54
36
32
22
22
24
24
54
36
34
24
23
26
26
54
36
36
26
24
28
28
54
36
38
28
25
30
30
54
36
40
30
26
32
32
57
38
40
32
27
34
34
57
38
40
34
28
36
36
57
38
40
36
29
38
38
57
38
40
38
30 or over
40
40
60
40
40
40
Sch. 4 Pt 2 (Headings) substituted by Nos 8722
s. 3(a), 40/2010 s. 41(1).
Nos 5460 s. 5, 5897 s. 3,
6091 s. 2.
PART II
Partners, Children and Adult Children
(a) Partners' Pensions
Sch. 4 cl. 5 amended by No. 6957
s. 11(1), substituted by Nos 8179
s. 3(t), 8722
s. 3(b), amended by No. 40/2010 ss 41(2), 43(1).
5 Partner's ordinary pension—The pension shall be at the rate per annum specified hereunder (increased both as to annual rate and as to maximum amount by 331/3 per centum per annum), that is to say—
Pensions payable to partner of a member or pensioner whose death or retirement occurred before the coming into operation of section 2 of the Police Regulation (Amendment) (No. 2) Act 1971—
If the deceased partner was at the time of his or her death or retirement a police cadet constable or first constable—$144 per annum, together with an additional $4 per annum for each full year of approved service over and above five years:
Provided that the maximum pension shall not exceed $250 per annum;
If the deceased partner was at the time of his or her death or retirement a senior constable—$264 per annum together with an additional $4 per annum for each full year of approved service as a senior constable:
Provided that the maximum pension shall not exceed $312 per annum;
If the deceased partner was at the time of his or her death or retirement a sergeant—$374 per annum;
If the deceased partner was at the time of his or her death or retirement a sub-inspector or station officer—$432 per annum;
If the deceased partner was at the time of his or her death or retirement an inspector or of a higher rank than inspector—$456 per annum.
Pensions payable to partner of a member or pensioner whose death or retirement occurred after the coming into operation of section 2 of the Police Regulation (Amendment) (No. 2) Act 1971—
If the deceased partner was at the time of his or her death or retirement a police cadet constable or senior constable—$144 per annum, together with an additional $4 per annum for each full year of approved service over and above five years:
Provided that the maximum pension shall not exceed $250 per annum;
If the deceased partner was at the time of his or her death or retirement a sergeant—$264 per annum together with an additional $4 per annum for each full year of approved service as a senior constable before the coming into operation of section 2 of the Police Regulation (Amendment) (No. 2) Act 1971 and as a sergeant after the commencement of the said Act:
Provided that the maximum pension shall not exceed $312 per annum;
If the deceased partner was at the time of his or her death or retirement a senior sergeant—$374 per annum;
If the deceased partner was at the time of his or her death or retirement a station officer—$432 per annum;
If the deceased partner was at the time of his or her death or retirement an inspector or of a higher rank than inspector—$456 per annum.
Sch. 4 cl. 6 substituted by No. 8722
s. 3(c), amended by No. 40/2010 ss 41(3), 43(1).
6 Partner's special pension—The pension shall be equal to 16/45 of the annual pay of his or her partner at the time of his or her death or retirement.
Heading preceding Sch. 4 cl. 7 amended by No. 8722
s. 3(d), substituted by No. 40/2010 s. 41(4).
(b) Partners' Gratuities
Sch. 4 cl. 7 substituted by No. 7538 s. 5, amended by No. 8722
s. 3(e), substituted by No. 9066
s. 9(a), amended by Nos 10087
s. 3(1)(Sch. 1 item 183(a)), 120/1994
s. 6(2)(b).
7 The gratuity shall be of such amount as the ESS Board determines after taking into consideration—
Sch. 4 cl. 7(a) amended by Nos 120/1994
s. 6(2)(c), 40/2010 s. 41(5).
(a) the advice of the actuary as to value of the pension to which the partner was entitled at the time he or she applied for a gratuity;
Sch. 4 cl. 7(b) amended by No. 40/2010 s. 41(5).
(b) the proportion of the pension which the partner wishes to receive as a gratuity; and
Sch. 4 cl. 7(c) amended by No. 40/2010 s. 41(5).
(c) the value of any payments of the pension made to the partner after he or she applied for a gratuity.
Heading preceding Sch. 4 cl. 8 substituted by No. 40/2010 s. 41(6).
(c) Children's and Adult Children's Allowances
S. 45.
No. 5897 s. 4.
Sch. 4 cl. 8 substituted by No. 6486
s. 2(3), amended by Nos 7417
s. 12(1)(a), 7910 s. 11(3)(a), 8314 s. 11(a), substituted by No. 8722
s. 3(f), amended by No. 40/2010 s. 41(7)(a).