State Employees Retirement Benefits Act 1979

Part 1—Preliminary

S. 1 amended by No. 10258 s. 10(a).

1 Short title

This Act may be cited as the State Employees Retirement Benefits Act 1979.

S. 2 amended by No. 81/1988 s. 22(2)(a).

2 Definitions

(1) In this Act unless inconsistent with the context or subject-matter—

S. 2(1) def. of Actuary substituted by Nos 10258 s. 10(b)(i), 4/1996 s. 91(1)(a).

Actuary means a fellow or accredited member of the Institute of Actuaries of Australia approved by the Minister;

S. 2(1) def. of adjusted final salary amended by No. 9978 s. 2(a), substituted by No. 110/1993 s. 150(1).

adjusted final salary means—

(a) in relation to a member with less than 2 years of recognised service, an amount calculated in accordance with the formula—

"A" is the aggregate salary paid to the member in respect of the member's period of recognised service;

"B" is the total number of days in that period;

(b) in relation to a member with 2 years or more of recognised service, an amount equal to one-half of the member's aggregate salary for the period of recognised service of 2 years ending on the member's last day of service—

and if the period of recognised service includes a period of leave without pay, there is deemed to have been payable to that member during that period of leave without pay, salary at the rate payable to the member immediately before the period of leave, or such higher salary as has been approved by the Board for the purposes of this section, but in no case shall the amount in relation to a person who was a member on 1 January 1994 be less than the member's salary on that date;

S. 2(1) def. of adult child inserted by No. 40/2010 s. 45.

adult child has the same meaning as in section 43B(1);

S. 2(1) def. of Board inserted by No. 120/1994 s. 43(1), repealed by No. 8/1999 s. 50(1)(b), new def. of Board inserted by 94/2005 s. 27(1)(a).

Board means the Emergency Services Superannuation Board established under section 5 of the Emergency Services Superannuation Act 1986;

S. 2(1) def. of child inserted by No. 120/1994 s. 39(a), amended by No. 27/2001 s. 5(Sch. 3 item 4.1(b)).

child in relation to a person 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. 2(1) def. of complying super-annuation fund inserted by No. 4/1996 s. 91(1)(b).

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. 2(1) def. of contract officer inserted by No. 87/1992 s. 17(1)(a) (as amended by No. 97/1993 s. 46(2)(a)), substituted by No. 120/1994 s. 41(1)(a), amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 186.1).

contract officer means—

(a) an executive within the meaning of section 4(1) of the Public Administration Act 2004 employed under a contract of employment under that Act, other than an exempt officer; or

(b) any person who—

(i) is declared or deemed to be a contract officer; or

(ii) is a member of a class of persons declared or deemed to be contract officers—

by the Minister by instrument in writing for the purposes of this Act;

S. 2(1) def. of contributor substituted by No. 94/2005 s. 27(1)(b).

contributor means a member who is liable to make contributions under section 23;

S. 2(1) def. of disability inserted by No. 10258 s. 10(b)(ii), amended by Nos 49/1992 s. 79(1)(a), 23/1994 s. 118 (Sch. 1 item 53.1(a)), substituted by No. 120/1994 s. 40.

disability, in relation to a member, means the permanent inability of the member before the age of 60 years due to a continuing or recurring injury, disease or infirmity—

(a) to perform his or her duties; and

(b) to perform any other duties for which he or she is suited by education, training or experience or for which he or she would be suited as a result of retraining—

as determined by the Board on the basis of reports provided by at least 2 registered medical practitioners appointed by the Board;

S. 2(1) def. of domestic partner inserted by No. 27/2001 s. 5(Sch. 3 item 4.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 57.1), amended by No. 4/2009 s. 37(Sch. 1 item 22.1).

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);

S. 2(1) def. of eligible contribution inserted by No. 78/2004 s. 12.

eligible contribution means the Government co‑contribution payable under the Superannuation (Government Co‑contributions for Low Income Earners) Act 2003 of the Commonwealth that the Commissioner of Taxation determines under that Act is to be paid to the Fund or to the person;

S. 2(1) def. of eligible member inserted by No. 78/2004 s. 12.

eligible member means a member who is a person in respect of whom a Government co‑contribution is payable in accordance with section 6 of the Superannuation (Government Co-contributions for Low Income Earners) Act 2003 of the Commonwealth;

S. 2(1) def. of eligible member account inserted by No. 78/2004 s. 12.

eligible member account means the account established under section 24A;

S. 2(1) def. of eligible salary sacrifice contributor inserted by No. 40/2004 s. 21.

eligible salary sacrifice contributor means a member in respect of whom a declaration is in force under section 2A;

S. 2(1) def. of employee amended by Nos 9400 s. 3(a), 9478 s. 2(a)(b), 9657 s. 2, 9921 s. 255, 9978 s. 3(1), 10258 s. 10(b)(iii)
(A)–(D), 58/1987 s. 11(1)(a)(i)
(A)–(D), 50/1988 s. 93(2)(Sch. 2 Pt 2 item 53) (as amended by No. 81/1988 s. 34(g)(h)), 87/1992 s. 17(1)(b) (as amended by No. 97/1993 s. 46(2)(a)), 50/1997 s. 11, 46/1998 s. 7(Sch. 1), 12/1999 s. 4(Sch. 2 item 12.1), 108/2004 s. 117(1) (Sch. 3 item 186.2).

employee means[1]—

(a) any person in the service or employment of the Road Construction Authority other than—

(i) an officer within the meaning of the interpretation of Officer in section 3(1) of the State Superannuation Act 1988;

(ii) a person who declines or has declined to become an officer pursuant to that interpretation;

(b) any employee or person or class of employees or persons (other than Associates to Judges of the Supreme Court or Judges of the County Court) employed pursuant to the Public Administration Act 2004 other than—

(i) a person who is an officer within the meaning of the State Superannuation Act 1988; or

(ii) a member of a class of persons who are officers within the meaning of that Act;

(c) any person who is not an officer within the meaning of the State Superannuation Act 1988 who holds any office—

(i) under the Crown; or

(ii) as a member or of a class of persons who are members or in the service or employment of any body created by or under any Act of Parliament—

to which person or office or class of persons the Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette declares that the provisions of this Act shall apply;

(e) any person who is not an officer within the meaning of the State Superannuation Act 1988 or any member of a class of persons who are not officers within the meaning of that Act in the service or employment of any body that the Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, declares to be a body to which this paragraph applies to which person or class of persons the Governor in Council on the recommendation of the Minister, by Order published in the Government Gazette declares that the provisions of this Act shall apply; or

(f) a person referred to in a preceding paragraph who as a result of a change of employment becomes a person referred to in—

(i) any other paragraph of this definition; or

(ii) any paragraph of the definition of officer in section 3(1) of the State Superannuation Act 1988; or

(iii) any paragraph of the definition of employee in section 3(1) of the Transport Superannuation Act 1988—

but does not include an exempt officer;

S. 2(1) def. of employer amended by No. 10258 s. 10(b)(iv).

employer means any person or any public statutory body constituted under the law of the State of Victoria who employs under a contract of employment an employee under this Act and includes any person or body approved for the purposes of section 33(3);

S. 2(1) def. of exempt officer inserted by No. 87/1992 s. 17(1)(c) (as amended by No. 97/1993 s. 46(2)(a)), substituted by No. 120/1994 s. 41(1)(b), amended by Nos 46/1998
s. 7(Sch. 1)), 108/2004 s. 117(1) (Sch. 3 item 186.3).

exempt officer means—

(a) an executive within the meaning of section 4(1) of the Public Administration Act 2004 employed under a contract of employment under the Act during any period that a certificate in writing issued under section 7(5) of the Superannuation (Public Sector) Act 1992 by the employer to the Board is in force; or

(b) a contract officer whose employer advises the Board in writing that the contract of employment under which the contract officer is employed provides that the contract officer is an exempt officer for the purposes of this Act;

S. 2(1) def. of expense allowance inserted by No. 10258 s. 10(b)(v).

expense allowance means an allowance payable periodically which is designated as an expense allowance or an expense of office allowance or is in fact an allowance which is granted to an employee in respect of expenses which are normally and properly incurred by the employee in carrying out his or her duties;

S. 2(1) def. of Fund substituted by Nos 4/1996 s. 91(1)(c), 94/2005 s. 27(1)(c).

Fund means the Scheme established under section 15 of the Emergency Services Superannuation Act 1986;

S. 2(1) def. of Government Actuary inserted by No. 10258 s. 10(b)(vi), repealed by No. 4/1996 s. 91(1)(d).

S. 2(1) def. of ill health inserted by No. 102/1995 s. 18, amended by No. 4/1996 s. 91(2).

ill health means a continuous or recurring impairment of the health of a member which is due to a physical or mental incapacity, bodily injury, illness or disease, which in the opinion of the Board—

(a) is not a disability; and

(b) is likely to be adversely affected if the member remains in his or her employment or returns to employment with the former employer; and

(c) does not preclude the member from seeking alternative employment; and

(d) has not been incurred or inflicted for the purpose of obtaining a benefit;

S. 2(1) def. of joining date inserted by No. 9400 s. 2.

joining date means such day, not being a day earlier than the day the Order is made under this section, on which the provisions of this Act are expressed to apply to any officer, employee or person or class of officers, employees or persons by an Order;

Member includes contributor and former contributor;

S. 2(1) def. of occupational super-annuation standards inserted by No. 49/1992 s. 79(1)(b), repealed by No. 4/1996 s. 91(1)(d).

S. 2(1) def. of partner inserted by No. 27/2001 s. 5(Sch. 3 item 4.1(a)), substituted by No. 40/2010 s. 46(1).

partner of a person means the person's spouse or domestic partner;

S. 2(1) def. of pensioner inserted by No. 9978 s. 12(1).

pensioner means a person receiving or presently entitled to receive a pension under this Act;

S. 2(1) def. of permanent employee substituted by No. 9478 s. 2(c), amended by No. 9978 s. 2(b), substituted by No. 58/1987 s. 11(1)(a)(ii).

permanent employee means an employee who has been in the employment of an employer for a period of twelve months or such lesser period as may be specified by the employer;

prescribed means prescribed by this Act or by regulations made under this Act;

S. 2(1) def. of registered medical practitioner inserted by No. 23/1994 s. 118(Sch. 1 item 53.1(b)), amended by No. 97/2005 s. 182(Sch. 4 item 47), substituted by No. 13/2010 s. 51(Sch. item 51).

registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

S. 2(1) def. of resign inserted by No. 10258 s. 10(b)(vii).

resign means cease to be an employee before attaining the age of 55 years other than on account of disability, death or retrenchment;

S. 2(1) def. of RSA inserted by No. 40/2004 s. 20(1).

RSA means a retirement savings account within the meaning of the Commonwealth Retirement Savings Accounts Act 1997;

S. 2(1) def. of salary amended by No. 10258 s. 10(b)(viii).

salary means the annual rate, computed as determined by the Board on the basis of a year, of pecuniary emoluments payable periodically and regularly to an employee for the performance of the duties of his grade of employment as such employee but does not include a recreation leave allowance or an expense allowance or payments for overtime or in the form of bonuses, or for travelling allowances or for incidental expenses or payments of a temporary character;

S. 2(1) def. of service amended by No. 9400 s. 3(b).

service means continuous service or employment as a permanent employee within the meaning of this Act and in relation to any qualifying period of service includes any service or employment on any permanent staff or in any office to which this Act relates in addition to service or employment as such a permanent employee;

S. 2(1) def. of specified standards inserted by No. 4/1996 s. 91(1)(e).

specified standards means standards specified under section 73;

S. 2(1) def. of spouse inserted by No. 120/1994 s. 39(b), substituted by No. 27/2001 s. 5(Sch. 3 item 4.1(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. 2(1) def. of State Super-annuation Fund inserted by No. 94/2005 s. 27(1)(d).

State Superannuation Fund means the Superannuation Fund established under the Superannuation Act 1925 and continued under the State Superannuation Act 1988 as the State Superannuation Fund and as in existence immediately before the commencement of the Superannuation Legislation (Governance Reform) Act 2005;

S. 2(1) def. of super-annuation system inserted by No. 37/2007 s. 18.

superannuation system has the same meaning as it has in regulation 5.01(1) of the Superannuation Industry (Supervision) Regulations 1994 of the Commonwealth;

S. 2(1) def. of surcharge-able contributions inserted by No. 29/2000 s. 12.

surchargeable contributions means the surchargeable contributions of a contributor 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. 2(1) def. of surcharge debt account inserted by No. 29/2000 s. 12.

surcharge debt account means, in relation to a person who is or has been a contributor, the surcharge debt account kept for that person (while he or she was a contributor) under section 74CA;

S. 2(1) def. of surcharge deduction amount inserted by No. 29/2000 s. 12.

surcharge deduction amount means, in relation to a person—

(a) who is or has been a contributor; 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 74CA in relation to the person;

S. 2(1) def. of Treasurer repealed by No. 46/1998 s. 7(Sch. 1).

S. 2(2) inserted by No. 81/1988 s. 22(2)(b), amended by No. 49/1992 s. 79(2).

(2) A reference in this Act to periods of service or membership in years includes fractions for any completed months and days.

S. 2(3) inserted by No. 87/1992 s. 17(2) (as amended by No. 97/1993 s. 46(2)(b)), substituted by No. 120/1994 s. 41(2).

(3) For the purposes of the definition of salary in subsection (1)—

(a) in the case of a person referred to in paragraph (a) of the definition of contract officer, salary means the salary for superannuation purposes in accordance with section 12 of the Superannuation (Public Sector) Act 1992 and notified in writing by the employer to the Board; or

S. 2(3)(b) amended by Nos 120/1994 s. 42(1)(2), 74/2000 s. 3(Sch. 1 item 115.1).

(b) subject to paragraph (c), in the case of a person referred to in paragraph (b) of the definition of contract officer, salary means the salary for superannuation purposes specified in that person's contract of employment and notified in writing by the employer to the Board; or

S. 2(3)(c) inserted by No. 120/1994 s. 42(2), amended by No. 24/2006 s. 6.1.2(Sch. 7 item 37.1).

(c) if a person to whom paragraph (b) applies is a member of the Principal Class within the meaning of the Education and Training Reform Act 2006, the salary specified for the purposes of paragraph (b) must not exceed 82⋅3 percent of that person's remuneration package.

S. 2(4) inserted by No. 87/1992 s. 17(2) (as amended by No. 97/1993 s. 46(2)(b)).

(4) For the purposes of the definition of salary in subsection (1), if a member's salary is reduced then, unless the officer agrees in writing that the reduced salary applies, salary means the greater of—

(a) the salary of the member immediately before the reduction; or

(b) the actual salary.

S. 2(5) inserted by No. 8/1999 s. 50(2), repealed by No. 94/2005 s. 27(2).

S. 2(5A) inserted by No. 70/2003 s. 12.

(5A) A person cannot become a member on or after the commencement of section 72 of the Public Sector Superannuation (Administration) Act 1993.

S. 2(6) inserted by No. 27/2001 s. 5(Sch. 3 item 4.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 57.2).

(6) For the purposes of the definition of domestic partner in subsection (1)—

S. 2(6)(a) amended by No. 4/2009 s. 37(Sch. 1 item 22.2(a)).

(a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and

S. 2(6)(b) amended by No. 4/2009 s. 37(Sch. 1 item 22.2(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. 2(7) inserted by No. 40/2010 s. 46(2).

(7) The definition of partner as substituted by section 46(1) of the Superannuation Legislation Amendment Act 2010 applies in respect of the determination by the Board of an entitlement arising under this or any other Superannuation Act within the meaning of section 3(1) of the Emergency Services Superannuation Act 1986 on or after the commencement of the substituting section.

S. 2A inserted by No. 40/2004 s. 22.

2A Declaration of eligible salary sacrifice contributors

The Minister may by notice published in the Government Gazette declare—

(a) a member to be an eligible salary sacrifice contributor from the date specified in the notice; or

(b) a class of members to be eligible salary sacrifice contributors from the date specified in the notice.

Pt 1 (Heading) amended by No. 120/1994 s. 43(2), repealed by No. 8/1999 s. 50(1)(d).

S. 3 amended by No. 10258 s. 10(c)(i)(ii), repealed by No. 120/1994 s. 43(3).

S. 3A inserted by No. 10258 s. 10(d), amended by Nos 49/1992 s. 80(1)(2), 4/1996 s. 92(1), 46/1998
s. 7(Sch. 1), 84/1998 s. 41(1)(2), repealed by No. 8/1999 s. 50(1)(c).

Ss 4–11 repealed.[2]

Pt 2 (Heading) repealed by No. 4/1996 s. 93.

Ss 12–17 repealed.[3]

Pt 2
(ss 18, 19) amended by Nos 10258 s. 10(i)(i)(ii), 49/1992 s. 83, 82/1996 s. 52, 46/1998 s. 7(Sch. 1), 8/1999 s. 50(1)(e), repealed by No. 94/2005 s. 28.

Part III—Contributions

20 Part-time and intermittent service

S. 20(1) amended by Nos 9978 s. 4(1), 10258 s. 10(j)(i).

(1) Subject to this section and section 21, this Act shall apply to and include a permanent employee who is employed on a basis which requires him to render—

S. 20(1)(a) inserted by No. 9978 s. 4(1).

(a) part-time service of at least fifteen hours in each week; or

S. 20(1)(b) inserted by No. 9978 s. 4(1).

(b) intermittent service of an average of at least fifteen hours in each week—

and who during the qualifying period of service for that person becoming a permanent employee rendered—

S. 20(1)(c) inserted by No. 10258 s. 10(j)(i).

(c) in the case of a qualifying period of one year or more, an average service of at least 780 hours in each year; and

S. 20(1)(d) inserted by No. 10258 s. 10(j)(i).

(d) in the case of a qualifying period of less than one year, service of at least the number of hours that bears to 780 the same proportion as the length of the qualifying period bears to one year[4].

(2) Any such employee shall be liable to pay contributions under this Part at a rate that bears the same proportion to the rate at which an ordinary employee rendering comparable service would be required to make contributions as in the opinion of the Board the aggregate service that would be rendered by him in any year on the basis on which he is employed bears to the service that would be rendered in any year by an ordinary employee.

(3) For the purpose of calculating benefits under this Act—

(a) the salary payable to any such member at any time shall be deemed to be the salary which would be payable at that time to an ordinary employee rendering comparable service; and

(b) any period of contributory service or prospective contributory service of any such member during which he is not an ordinary employee shall be reduced proportionally according to the basis on which he is employed;

S. 20(3)(c) amended by No. 10258 s. 10(j)(ii) (A)(B).

(c) prospective contributory service shall be calculated on the basis of the service of such member during the 3 years' service preceding the termination of his service or during that member's total service if that member's total service was less than 3 years.

(4) In this section ordinary employee means a permanent employee who is employed on a full-time basis throughout a year.

S. 20(5) inserted by No. 9400 s. 5, amended by No. 9978 s. 4(2).

(5) A member who renders part-time or intermittent service shall not cease to be a member by reason only of his part-time or intermittent service being less than 15 hours in each week[5].

S. 20(6) inserted by No. 10258 s. 10(j)(iii).

(6) Any period of service by a person prior to the date on which contributions become payable by that person during which that person was employed on a basis which required that person to render—

(a) part-time service of less than fifteen hours in each week; or

(b) intermittent service of an average of less than fifteen hours in each week—

or any period of service preceding such a period of service shall not be taken into account for the purposes of section 40(2).

21 Permanent employees to be members and contributors

(1) This Part shall apply to or with respect to every permanent employee who—

S. 21(1)(a) amended by No. 9400 s. 6(a)(b).

(a) at the commencement of this Act or on the joining date was a permanent employee and who on or before 1 June 1980 or the day three months after the joining date (as the case requires) does not elect not to contribute in accordance with the provisions of this Act;

S. 21(1)(b) amended by No. 9400 s. 6(c)(d), substituted by No. 9478 s. 3(1), amended by No. 58/1987 s. 11(1)(c)(i).

(b) becomes a permanent employee within a period of twelve months from the commencement of this Act or the joining date and who on or before a day three months from the day of becoming a permanent employee or on or before 1 June 1980 (whichever later occurs) does not elect not to contribute in accordance with the provisions of this Act;

S. 21(1)(c) amended by Nos 9400 s. 6(e) (as amended by No. 9549 s. 2(1)(Sch. item 213)), 9478 s. 3(2)(a).

(c) in the case of an employee within the meaning of paragraph (a), (b) or (c) of the interpretation of Employee in section 2, on or after 12 months after the commencement of this Act or the joining date becomes a permanent employee and has not at the time of becoming a permanent employee attained the age of 57 years;

S. 21(1)(ca) inserted by No. 9478 s. 3(2)(b), repealed by No. 58/1987 s. 11(1)(c)(ii).

S. 21(1)(d) amended by No. 9400 s. 6(f) (as amended by No. 9549 s. 2(1)(Sch. item 213)).

(d) after the commencement of this Act or the joining date becomes a permanent employee at age 57 years or more and who notifies the Board in writing within six months of becoming a permanent employee that he wishes to contribute in accordance with the provisions of this Act—

and such permanent employees shall be members of the Fund and shall be deemed to be contributors for the purposes of the Act.

S. 21(1A) inserted by No. 9400 s. 7, substituted by No. 9478 s. 3(3).

(1A) The Board may upon application by a permanent employee and at its own discretion—

(a) extend the period of election for a person who at the commencement of this Act was a permanent employee for a period ending on a date specified by the Board, being a day not later than 1 April 1981;

(b) extend the period of election in respect of a person who becomes a permanent employee within a period of 12 months from the commencement of this Act for a period ending on a date specified by the Board, being a date not later than the day three months from the day of becoming a permanent employee or from 1 April 1981 (whichever last happens);

(c) extend any other period of election specified in subsection (1) for a period of not more than six months—

and, where a period of election is so extended, may refund any contributions paid by him in respect of the period commencing on the date of commencement of this Act or the date of his becoming a permanent employee (whichever last happens) and ending on the day on which the period of election as so extended expires.

S. 21(1B) inserted by No. 10258 s. 10(k)(i), repealed by No. 40/2010 s. 47(1).

S. 21(2) amended by No. 9400 s. 8(a)(b), substituted by No. 10258 s. 10(k)(ii), amended by No. 40/2010 s. 47(2).

(2) Notwithstanding anything to the contrary in subsection (1), a permanent employee shall not, on or after the commencement of section 10(k)(ii) of the Superannuation Schemes Amendment Act 1985, become a member of the Fund if on the date on which the permanent employee became eligible to become a member of the Fund the permanent employee had attained the age of 75 years, unless otherwise permitted by Commonwealth superannuation law.

S. 21(2A) inserted by No. 10258 s. 10(k)(ii).

(2A) Notwithstanding anything to the contrary in subsection (1), a permanent employee who had elected not to contribute in accordance with the provisions of this Act and had subsequently ceased to be a permanent employee but who is employed again by an employer may elect, not later than one month after the date from which that permanent employee is required to commence paying contributions, not to contribute in accordance with the provisions of this Act.

(3) A person who was an employee with at least 12 months service who would have been a permanent employee at the commencement of the Act if his death or retirement had not occurred shall, where his death or retirement occurred on or after 1 January 1979 and before the commencement of the Act, be deemed to be a member as at the date of his death or retirement and to be a contributor who has contributed continuously under the Act during his completed years of continuous service and be entitled to benefits in accordance with the provisions of section 40(2).

(4) A permanent employee who has not made an election pursuant to paragraph (a) or (b) of subsection (1) and whose service terminates as a result of death or retirement during the period in which he may elect not to contribute pursuant to paragraph (a) or (b), shall be deemed to be a member and contributor at the date of such termination and be entitled to benefits in accordance with section 40(2).

S. 21A inserted by No. 9478 s. 4.

21A Provision as to continuity of membership

S. 21A(1) amended by No. 10258 s. 10(l)(i).

(1) Where a member ceases to be a permanent employee but within six months thereafter becomes an employee, he shall, subject to subsection (3), be deemed to have again become a permanent employee on the date on which he is employed by the employer, and for the purpose of calculating benefits under this Act he shall be deemed to have commenced his service on that date.

S. 21A(2) amended by No. 58/1987 s. 11(1)(d)(ii).

(2) Notwithstanding anything in subsection (1), a permanent employee who is an employee within the meaning of one of the following provisions of this Act, namely—

(a) paragraph (b) of the interpretation of Employee in section 2;

(b) subparagraph (i) of paragraph (c) of the interpretation of Employee in section 2—

S. 21A(2)(c) repealed by No. 58/1987 s. 11(1)(d)(i).

and becomes an employee within the meaning of any other provision of this Act mentioned in paragraph (a) or (b) shall not cease to be a permanent employee by reason only of the change in the terms of his employment.

S. 21A(3) amended by No. 10258 s. 10(l)(ii).

(3) Where a member ceases to be a permanent employee but within six months thereafter becomes an employee and makes an election in accordance with this section, he shall be deemed to have continued to be a member while he was not a permanent employee, but shall not be liable to pay the contributions under this Act in respect of the period when he was not a permanent employee unless he has elected to contribute in accordance with section 22, and for the purpose of calculating benefits under this Act his service shall be deemed not to have terminated.

(4) A person who has ceased to be a permanent employee but who within six months thereafter is employed by an employer may within two months elect in writing to have the provisions of subsection (3) apply to him.

S. 21A(5) amended by No. 9978 s. 7(4).

(5) An election made under subsection (4) shall be of no effect unless any benefits paid under section 34A or section 37 in consequence of the cessation of employment of that person as a permanent employee have been repaid to the Board.

(6) Where a person makes an election in accordance with this section, and would but for the election have been entitled to benefits under section 38, he shall be deemed never to have so been entitled.

S. 21B inserted by No. 9478 s. 4.

21B Provision preventing re-calculation of benefits in certain cases

Subject to section 21A(3), any benefits paid or payable under this Act in respect of a member shall not be increased by reason of the making of an Order in Council under section 2 relating to any employee or employees of the employer by whom or by which the member was employed unless the joining date preceded the date upon which the member became entitled to the benefits.

S. 21C inserted by No. 9478 s. 4, amended by No. 58/1987 s. 11(1)(e)(ii).

21C Reduction of qualifying period for becoming a permanent employee

Notwithstanding anything in the interpretation of Permanent employee in section 2, where a person (not being a permanent employee) is an employee within the meaning of one of the following provisions of this Act, namely—

(a) paragraph (b) of the interpretation of Employee in section 2;

(b) subparagraph (i) of paragraph (c) of the interpretation of Employee in section 2—

S. 21C(c) repealed by No. 58/1987 s. 11(e)(i).

and immediately before he became such an employee he was an employee within the meaning of any other provision of this Act mentioned in paragraph (a) or (b) the qualifying period of service for his becoming a permanent employee shall be reduced by the continuous period during which he was employed in that former employment.

22 Circumstances in which a member will cease to be a contributor

(1) A member shall continue to be a contributor so long as and only so long as—

(a) he is a permanent employee; and

S. 22(1)(b) amended by No. 40/2010 s. 48(1).

(b) he has not attained the age of 75 years.

S. 22(1A) inserted by No. 40/2010 s. 48(2).

(1A) Despite subsection (1)(b), a member may continue to be a contributor after he or she attains the age of 75 years if he or she is permitted to do so under Commonwealth superannuation law.

(2) Notwithstanding anything in paragraph (a) of subsection (1) where a person who is a contributor ceases to be a permanent employee but—

(a) accepts no benefits in respect of his so ceasing to be employed;

(b) is within two months or within such further period as is fixed by the Board in a particular case, again a permanent employee; and

(c) in respect of the time he is not a permanent employee pays to the Board contributions at three and one-half times the rate at which his contributions were last required to be deducted from his salary—

he shall be deemed to have continued to be a contributor while not a permanent employee.

(3) Notwithstanding anything in paragraph (a) of subsection (1), where a person who is a contributor ceases to be a permanent employee but—

(a) accepts no benefits in respect of his ceasing to be an employee;

(b) within two months after he ceases to be employed or within any further period fixed by the Board in his case for the purposes of paragraph (b) of subsection (2), dies or becomes disabled; and

(c) between the time when he ceases to be employed and the time when he dies or becomes disabled, pays to the Board contributions at three and one-half times the rate at which his contributions were last required to be deducted from his salary—

shall be deemed to have continued to be a member until he died or became disabled.

S. 22A inserted by No. 10258 s. 10(m).

22A Members of approved superannuation schemes

(1) In this section scheme of superannuation has the same meaning as in Part V.

S. 22A(2) amended by No. 46/1998

(2) The Governor in Council, on the recommendation of the Minister, may by Order published in the Government Gazette declare a scheme of superannuation to be an approved superannuation scheme for the purposes of this section.

(3) Notwithstanding anything to the contrary in this Act—

(a) a permanent employee who wishes to become a member of an approved superannuation scheme may elect to cease to contribute in accordance with the provisions of this Act and, subject to subsection (7), shall on the day prior to becoming a member of the approved superannuation scheme be deemed to have ceased to be a permanent employee for the purposes of this Act; or

(b) an employee who is a member of an approved superannuation scheme may within 3 months prior to becoming a permanent employee elect not to contribute in accordance with the provisions of this Act and, subject to subsection (7), shall thereupon be deemed to have ceased to be an employee for the purposes of this Act.

(4) A member ceasing to be a permanent employee pursuant to subsection (3)(a) may elect to be entitled to—

(a) deferred retirement benefits payable under section 38; or

(b) benefits payable under section 37; or

(c) the transfer of the benefits payable under section 37 in respect of the member to the administrators, trustees or managers of the approved superannuation scheme to be held for the member's benefit.

(5) An election made under subsection (4) shall be of no effect unless it is made in writing within three months of the member ceasing to be a permanent employee or within one month of the Board notifying the member in writing of the right to make the election (whichever is the later).

(6) If a member receives a notice under subsection (5) but fails to make an election within the period of election specified in that subsection the member shall be regarded as having elected to receive a benefit in accordance with subsection (4)(b).

(7) Notwithstanding anything to the contrary in this Act, a member of an approved superannuation scheme shall not be entitled to contribute in accordance with the provisions of this Act while remaining a member of the approved superannuation scheme but shall, subject to this Act, on ceasing to be a member of the approved superannuation scheme again become an employee or permanent employee for the purposes of this Act.

23 Rate of contributions

S. 23(1) amended by No. 9657 s. 7(a).

(1) Subject to this section, the rate of contribution to the Fund by a contributor shall be three and one-half per centum of his salary when it does not exceed the minimum wage together with a sum equal to 0⋅05 per centum for each one per centum by which the weekly instalment of his salary exceeds the minimum wage.

S. 23(1A) inserted by No. 9657 s. 7(b).

(1A) A reference in subsection (1) to the salary of a contributor is a reference to—

(a) where the contributor was an employee on 1 March preceding the date on which he is liable to pay contributions—the salary payable to him as at that preceding 1 March; or

(b) where the contributor was not an employee on the preceding 1 March mentioned in paragraph (a)—the salary payable to him as at the date on which he became or becomes an employee.

S. 23(2) amended by No. 81/1988 s. 19.

(2) Subject to section 24, a contributor shall not be required to contribute at a rate exceeding five per centum of his salary to the Fund pursuant to subsection (1).

S. 23(2A) inserted by No. 40/2004 s. 23.

(2A) An eligible salary sacrifice contributor may by notice in writing to his or her employer elect to make his or her member contributions by way of salary sacrifice at the rate calculated to the nearest highest 0⋅1% in accordance with the following formula—

M is the applicable member contribution rate in accordance with subsection (1) without salary sacrifice;

R is the tax rate for the financial year on taxable contributions to the Fund under the Commonwealth Income Tax Assessment Act 1936.

S. 23(2B) inserted by No. 40/2004 s. 23.

(2B) An election under subsection (2A)—

(a) can only be made if there is in force an agreement between the employer and the member under which the employer can make the member contributions required by this Act by way of salary sacrifice;

(b) is subject to the terms and conditions specified in the agreement referred to in paragraph (a);

(c) can only be made in respect of the whole of the member contributions;

(d) can not be made in respect of any contributions made by a member in addition to the member contributions required under subsection (1).

S. 23(2C) inserted by No. 40/2004 s. 23.

(2C) Member contributions made in accordance with the rate determined under subsection (2A) are for the purposes of this Act (other than sections 74CA to 74CC) to be taken to be—

(a) the member contributions required to be paid under this Act; and

(b) the member contributions that would have been payable if an election had not been made under subsection (2A).

Note to s. 23(2C)(b) inserted by No. 37/2007 s. 19.

Note

The effect of paragraph (b) is that, for the purpose of calculating benefit entitlements, the member contributions are taken to be the member contributions that would have been payable if no election had been made.

S. 23(2D) inserted by No. 40/2004 s. 23.

(2D) An election under subsection (2A) does not affect the amount that would otherwise constitute the salary of the member for the purposes of this Act.

(3) The contributions which any member is making shall not be reduced by reason only of any increase in the minimum wage.

S. 23(4) amended by No. 40/2010 s. 49(1).

(4) The liability to make contributions shall cease when a member ceases to be a permanent employee or reaches the age of 75 years (whichever first happens).

S. 23(4A) inserted by No. 40/2010 s. 49(2).

(4A) Despite subsection (4), a member may make contributions after he or she attains the age of 75 years if he or she is permitted to do so under Commonwealth superannuation law.

S. 23(5) inserted by No. 9400 s. 9.

(5) Subject to subsection (6), the amount of contribution of the contributor shall be adjusted as at 1 March each year based on his salary as at that date and his contributions so adjusted shall be payable as from and inclusive of the first pay day on or after 1 May next following.

S. 23(6) inserted by No. 9400 s. 9, amended by No. 10258 s. 10(n)(i).

(6) Subject to subsection (7), where a contributor receives a reduced salary indefinitely or for a period of more than three months and the amount of contribution which he is required to pay becomes less than the amount of contribution that he was required to pay immediately before the reduction, he shall pay the lesser amount of contribution.

S. 23(7) inserted by No. 10258 s. 10(n)(ii).

(7) If for any reason other than misconduct a contributor receives a reduced salary indefinitely and the amount of contribution that the contributor is required to pay becomes less than the amount of contribution that the contributor was required to pay immediately before the reduction in salary, the contributor may, within 3 months after the first pay day on which the contributor is paid at the reduced rate of salary, elect to continue to contribute the same amount of contribution that the contributor was required to pay immediately before the reduction in salary until by reason of an increase in the contributor's salary the contributor is required to pay more than that amount of contribution and the amount of any pension or benefit to which the contributor is entitled under this Act shall be computed having regard to the salary level according to which the contributor is contributing.

S. 23(8) inserted by No. 49/1992 s. 84, repealed by No. 4/1996 s. 94.

24 Contributions deducted from salary

(1) The contributions of a member shall be deducted from his salary at each payment of salaries, and paid, without deduction for any purpose to the Board.

(2) The contributions of a permanent employee shall (except as otherwise provided in this Act) be payable on and from the first pay day after the commencement of his employment as a permanent employee or, where he becomes a permanent employee on a pay day, on and from that pay day.

S. 24(3) amended by No. 9400 s. 10.

(3) The contributions of a permanent employee who is a permanent employee at the commencement of the Act shall be payable on and from the first pay day on or after 1 July 1980 and the contributions of a permanent employee who is a permanent employee at a joining date shall be payable on and from the date four months after the joining date.

(4) The contributions of a permanent employee who becomes a member pursuant to section 21(1)(b) shall be payable on and from the first pay day occurring 4 months after the permanent employee becomes a permanent employee.

S. 24(4A) inserted by No. 9978 s. 6(1).

(4A) Where any arrears in the contributions of a member come to the notice of the Board and it appears to the Board that the arrears are due solely to the failure of the member's employer to comply with subsection (1), the Board shall send a notice to the member requiring that he make an election under subsection (4B).

S. 24(4B) inserted by No. 9978 s. 6(1).

(4B) Upon receipt by a member of a notice sent under subsection (4A), he shall within 30 days notify the Board that he elects to pay the whole or a part or none of the arrears.

S. 24(4C) inserted by No. 9978 s. 6(1).

(4C) A member who fails to comply with subsection (4B) shall be regarded as having elected to pay none of the arrears.

S. 24(4D) inserted by No. 9978 s. 6(1).

(4D) Upon the making of an election under subsection (4B) the period of service in respect of which arrears are paid shall be taken into account as contributory service for the purpose of calculating benefits.

S. 24(4E) inserted by No. 9978 s. 6(1).

(4E) Where a member elects under subsection (4B) to pay the whole or a part of the arrears the Board may permit the arrears to be paid by him in such instalments and at such intervals as the Board approves taking into account the member's circumstances.

S. 24(5) amended by No. 9657 s. 8(1)(a)(b).

(5) Subject to subsection (6), a member who is absent on leave without pay on account of ill-health certified by a medical officer of the Board or with reduced pay shall pay his contributions during or in respect of the period of leave, as for a period of service, without reduction, but the Board may, on his application, permit the contributions falling due during his absence to be paid by him in such smaller sums, and at such periods, as the Board approves.

S. 24(5A) inserted by No. 40/2010 s. 50(1).

(5A) A member who is absent without pay on account of parental leave for a period of up to 12 months for each confinement is not required to pay contributions during or in respect of that period of leave.

S. 24(6) substituted by No. 9657 s. 8(2), amended by Nos 10258 s. 10(o)(i), 4/1996 s. 95(a), 37/2007 s. 20, 40/2010 s. 50(2).

(6) A member who is absent on leave without pay, otherwise than on account of ill-health certified by a medical officer of the Board or parental leave for a period of up to 12 months for each confinement, may in respect of the period of the leave elect—

(a) to pay no contributions under this Act;

S. 24(6)(b) amended by No. 4/1996 s. 95(b).

(b) to pay contributions at half the rate of the contributions which would be payable by the member if he had not taken the leave and had continued to work at the salary payable to him on the date at which the leave commences or at such other rate as is first determined by an actuary after the commencement of section 95(b) of the Superannuation Acts (Amendment) Act 1996 and thereafter during an actuarial investigation under section 18 and which is specified in the actuary's report; or

(c) to pay contributions at three and one-half times the rate of contributions which would be payable by him if he had not taken the leave and had continued to work at the salary payable to him on the date on which the leave commences.

S. 24(6A) inserted by No. 9657 s. 8(2).

(6A) An election under subsection (6) is of no effect unless—

S. 24(6A)(a) amended by No. 49/1992 s. 85(a).

(a) it is made in writing; and

(b) it is made not later than one month from the date on which the leave commences; and

S. 24(6A)(c) amended by Nos 49/1992 s. 85(b), 4/1996 s. 92(2)(a).

(c) it is accompanied by a sum equivalent to the total of all contributions payable throughout the period of the leave in accordance with the election, but the Board may on the application of that person permit the contributions payable in accordance with the election during his absence to be paid by him in such smaller sums and at such periods as the Board determines.

S. 24(6A)(d) inserted by No. 49/1992 s. 85(b), repealed by No. 4/1996 s. 92(2)(b).

S. 24(6B) inserted by No. 9657 s. 8(2).

(6B) An election under subsection (6) shall be deemed to have taken effect on the date on which the leave commences.

S. 24(6C) inserted by No. 9657 s. 8(2), amended by No. 40/2010 s. 50(3).

(6C) A member who is absent on leave without pay, otherwise than on account of ill-health or parental leave for a period of up to 12 months for each confinement, and who does not before the expiration of one month from the date on which the leave commences make an election under subsection (6) shall for the purposes of this Act be regarded as having made an election under paragraph (a) of that subsection.

S. 24(6D) inserted by No. 9657 s. 8(2).

(6D) Where a person who makes or is deemed to have made an election under paragraph (a) of subsection (6) dies or becomes disabled more than one month after the leave commences but before the end of the leave, and the death or disability is not a death or disability to which subsection (6E) applies, benefits shall be payable under this Act to the persons who would but for the taking of the leave have been entitled to benefits on the death or disablement of the member and the benefits shall be calculated as though the member had voluntarily resigned from his employment on the date of his death or disablement.

S. 24(6E) inserted by No. 9657 s. 8(2), amended by No. 10258 s. 10(o)(ii).

(6E) Where—

(a) a person makes or is deemed to have made an election under paragraph (a) of subsection (6) and more than one month after the leave commences but before the end of the period for which he was granted leave retires on the ground of disability or dies;

(b) the person applies for a benefit under this Act in consequence of his retirement on the ground of disability or the persons who would but for the taking of the leave have been entitled to benefits on the member's death apply for benefits under this Act in consequence of his death; and

(c) the Board considers that the major cause of his disability or death is an impairment which originated before the taking of the leave or during the period of one month after the date on which the leave commences—

benefits shall be payable to the person or persons under this Act in respect of the member's death or retirement on the ground of disability and, subject to section 55(6), the benefits shall be calculated as though the death or retirement of the member took place on the day the member commenced leave without pay.

S. 24(6F) inserted by No. 9657 s. 8(2).

(6F) Where a member makes an election under paragraph (b) of subsection (6) he shall have the same entitlements to benefits under this Act as he would have had if he had paid contributions at the rate which would have been payable by him if he had not taken the leave and had continued to work at the salary payable to him on the date on which the leave commences, but for the purpose of calculating those benefits the period of the leave shall not be taken into account when calculating the total period of his service.

S. 24(6G) inserted by No. 9657 s. 8(2).

(6G) Where a member makes an election under paragraph (c) of subsection (6), the period of the leave shall be taken into account when determining the period of the member's service for the purpose of calculating benefits under this Act.

S. 24(6H) inserted by No. 9657 s. 8(2), substituted by No. 10258 s. 10(o)(iii).

(6H) If a member who has made an election under subsection (6)(b) resigns—

(a) during the period of leave; or

(b) before the expiration of 12 months after returning to duty from the leave of absence—

the contributions paid by the member in consequence of the election shall be disregarded in determining any amount refundable to the member under section 37.

S. 24(6J) inserted by No. 10258 s. 10(o)(iii).

(6J) If a member who has made an election under subsection (6)(c) resigns—

(a) during the period of leave; or

(b) before the expiration of 12 months after returning to duty from the leave of absence—

one-seventh of the contributions paid by the member in consequence of the election shall be disregarded in determining any amount refundable to the member under section 37.

S. 24(6K) inserted by No. 10258 S. 10(o)(iii).

(6K) If a member who has made an election under subsection (6)(c) subsequently is retrenched—

(a) two-sevenths of the contributions paid by the member in consequence of the election shall be taken into account in calculating benefit entitlements under this Act; and

(b) five-sevenths of the contributions paid by the member in consequence of the election shall be refunded to the member as an additional benefit.

S. 24(7) inserted by No. 9478 s. 5.

(7) Where pursuant to section 21(1A) the Board has, on the application of a permanent employee, extended a period of election specified in section 21(1), the contributions of the employee shall be payable on and from the first pay day on or after the day one month after the last day of the period of election.

S. 24A inserted by No. 78/2004 s. 13.

24A Eligible member account

(1) The Board must establish and maintain a separate eligible member account for each member who is an eligible member.

(2) The Board must credit to a member's eligible member account—

(a) eligible contributions received on behalf of, or from, the member; and

(b) interest on the amount in the account at the rate determined by the Board.

(3) The Board must debit to a member's eligible member account—

(a) any reasonable costs incurred in maintaining the account as determined by the Board; and

(b) any taxes payable in respect of the account; and

(c) any refund of overpaid or ineligible contributions required to be made to the Commissioner of Taxation under the Superannuation (Government Co‑contributions for Low Income Earners) Act 2003 of the Commonwealth.

(4) The Board may for the purposes of subsection (2)(b) determine that it is appropriate in the circumstances to apply a negative interest rate.

(5) If benefits become payable under this Act to or in respect of a person who has been a member, the Board must ensure that the person receives an additional benefit equal to the net balance of the member's eligible member account as at the date of the payment of the benefits.

(6) The net balance of the member's eligible member account as at the date of the payment of the benefits must be paid—

(a) as a lump sum; and

(b) in accordance with the specified standards.

S. 24A(6A) inserted by No. 38/2009
s. 25.

(6A) A member may elect in writing to roll over, transfer or allot the net balance of the member's eligible member account within the superannuation system.

(7) Eligible contributions—

(a) do not constitute member contributions which are required to be paid under this Act;

(b) do not create a corresponding liability requiring the employer to make contributions to the Fund;

(c) must not be taken into account in the calculation of any benefits under this Act other than this section.

(8) A benefit paid in accordance with this section—

(a) does not affect the payment of any other benefits under this Act; and

(b) must not be taken into account in determining any minimum or maximum benefit entitlement under this Act.

S. 25 amended by Nos 9657 s. 9, 9978 s. 6(2), 58/1987 s. 11(1)(f), substituted by No. 49/1992 s. 86.

25 Payments to the Board

S. 25(1) amended by No. 46/1998

(1) With the approval of the Minister the Board must determine the contributions to be paid to the Board by the employer of each member who is a contributor or the last employer of each pensioner or deceased member where as a result of the member's death the Board pays benefits to the deceased member's dependents.

S. 25(1A) inserted by No. 84/1998
s. 42.

(1A) Subsection (1) does not apply in respect of a member who has ceased making contributions because of section 23(4).

(2) Contributions under subsection (1) may be calculated—

(a) as a percentage of the salary of a member; or

(b) as a proportion of pensions being paid; or

S. 25(2)(c) substituted by No. 120/1994 s. 44.

(c) as a fixed amount; or

S. 25(2)(d) inserted by No. 120/1994 s. 44.

(d) by any combination of the method specified in paragraphs (a), (b) and (c).

(3) Contributions under subsection (1) are for the purpose of—

(a) paying benefits due to members in accordance with the Act after allowance is made for that proportion provided by member's contributions and interest; and

(b) meeting the costs of administering the Fund and the Act.

(4) The Board must give each employer notice in writing of contributions fixed under subsection (1) at least one month before the contributions are to take effect.

S. 25(5) inserted by No. 4/1996 s. 96.

(5) In this section, employer means—

(a) an employer within the meaning of the definition of employer in section 2(1); and

(b) any other person, authority or body declared by the Minister by notice published in the Government Gazette to be an employer in respect of a member specified in subsection (1) or of a pensioner or a beneficiary.

S. 25(6) inserted by No. 4/1996 s. 96.

(6) The Minister may by notice published in the Government Gazette declare a class or classes of employer for the purposes of subsection (5).

S. 25A inserted by No. 9400 s. 11.

25A Board to certify amount where employer fails to pay

(1) Where an employer fails to pay any amount payable to the Board under this Act the Board shall certify to the employer concerned the amount for which he is liable.

S. 25A(2) repealed by No. 9978 s. 6(3)(a).

S. 25B inserted by No. 9657 s. 10.

25B Interest on monies owing to Board

(1) All contributions deducted from the salary of a contributor pursuant to section 24 and all amounts which an employer is liable to pay to the Board pursuant to section 25 shall become payable to the Board at each payment of salary by the employer and shall be paid to the Board within 14 days of becoming payable.

S. 25B(2) amended by No. 4/1996 s. 97(1).

(2) If an employer does not within 14 days after an amount has become payable pursuant to subsection (1) pay the whole amount to the Board he shall, if the Board so demands, pay interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 on the amount remaining unpaid from the date on which it became payable until the date on which it is paid to the Board.

Part IV—Pensions and benefits

26 Definition of *minimum wage*

(1) In this Part and Part III, unless inconsistent with the context or subject-matter—

S. 26(1) def. of minimum wage substituted by No. 9978 s. 8(a).

minimum wage means the sum of $144.80 together with such further amount as is from time to time declared under subsection (2) by Order of the Governor in Council published in the Government Gazette to be the amount by which the minimum wage payable to an adult person in Victoria has increased since 30 June 1981.

S. 26(2) amended by No. 9978 s. 8(b)(i)–(iii).

(2) The Governor in Council shall by Order published in the Government Gazette within 30 days after 1 December in each year declare the amount that in his opinion is the amount by which the minimum wage has increased between 30 June 1981 and 1 December then last past.

27 Member to furnish personal statement to Board and to undergo medical examination

Every member shall, unless exempted by the Board—

(a) furnish to the Board a personal statement verified in such manner as the Board may require with respect to his age, occupation, medical history, condition of health and such other matters as the Board considers necessary or expedient for the purposes of the Act; and

S. 27(b) amended by No. 23/1994 s. 118(Sch. 1 item 53.2).

(b) undergo such examination by registered medical practitioners, nominated by the Board, as the Board may consider necessary or expedient for the purposes of the Act.

S. 28 repealed by No. 40/2010 s. 51.

S. 29 amended by Nos 9400 s. 12, 10258 s. 10(p), 49/1992 s. 87, 23/1994 s. 118(Sch. 1 item 53.3), 94/2005 s. 29, repealed by No. 40/2010 s. 51.

Ss 30, 31 repealed by No. 40/2010 s. 51.

S. 32 amended by Nos 23/1994 s. 118(Sch. 1 item 53.4), 40/2010 s. 52.

32 Submission of information and medical examination

The Board may at any time and from time to time require any member to submit a personal statement or such information or to undergo such examinations by registered medical practitioners nominated by the Board as the Board considers necessary or expedient for the purposes of the Act.

33 Entitlement to benefits

S. 33(1) amended by No. 10258 s. 9(a).

(1) Every member shall be entitled to benefits on his retirement on or after attaining the age of 55 years.

(2) Subject to this Act upon the retirement of a member on the grounds of disability he shall be entitled to benefits.

S. 33(3) inserted by No. 10258 s. 10(q), amended by No. 46/1998

(3) If a member resigns and is subsequently employed by a person or body approved by the Minister for the purposes of this subsection, the member may in lieu of then receiving benefits under this Act authorize the Board to make arrangements for such contributions to the Board as are specified in the arrangements to be deducted from the member's salary and the Board, with the consent of the Minister, may make such arrangements and agree as to the amount of the benefit entitlements of the member under this Act, the conditions under which those entitlements will be payable and the amount to be paid by the employer to the Board in respect of those entitlements.

S. 33(4) inserted by No. 10258 s. 10(q), substituted by Nos 58/1987 s. 11(1)(g)(i), 81/1988 s. 20.

(4) A member who ceases to be an employee and within a period of 4 weeks resumes employment with an employer is not entitled to benefits on account of ceasing to be an employee within the meaning of this Act.

S. 33(5) inserted by No. 10258 s. 10(q), amended by No. 58/1987 s. 11(1)(g)(ii), substituted by No. 81/1988 s. 20.

(5) The Board must notify in writing a member to whom subsection (4) applies of his or her right to make an election under subsection (6).

S. 33(6) inserted by No. 10258 s. 10(q), substituted by No. 81/1988 s. 20.

(6) Within one month of being notified by the Board the member must elect in writing to do one of the following—

(a) to continue to contribute in accordance with this Act;

(b) subject to section 75(2), to transfer to the State Superannuation Fund if eligible to do so;

(c) subject to section 75(2), to transfer to the Transport Superannuation Fund if eligible to do so.

S. 34 amended by Nos 9978 s. 7(1)(a)–(c), 10258 ss 9(b), 10(r), 72/1990 s. 9, substituted by No. 87/1992 s. 18.

34 Retrenchment

For the purposes of this Act—

retrenchment means the termination of the service of a member who has not attained the age of 55 years in respect of whom the member's employer certifies in writing to the Board that the member has been retrenched for the purposes of this Act.

S. 34A inserted by No. 9978 s. 7(2).

34A Election by retrenched member

A member who is retrenched may elect to receive—

S. 34A(a) amended by No. 94/2005 s. 30.

(a) a lump sum equal to three and one-half times the total amount of contributions paid or payable by him to the State Superannuation Fund and the Fund;

(b) benefits payable under section 37; or

(c) deferred retirement benefits payable under section 38.

S. 34AB inserted by No. 87/1992 s. 19.

34AB Exempt officers

(1) A contributor who becomes an exempt officer is entitled up to the date of becoming an exempt officer to a deferred retirement benefit payable in accordance with section 38.

(2) A benefit under this section—

(a) must be indexed in accordance with section 43; and

S. 34AB(2)(b) amended by No. 4/1996 s. 98.

(b) must be preserved and is payable in accordance with the specified standards.

S. 34AB(3) inserted by No. 95/2000 s. 16(1).

(3) A member who is entitled to a deferred retirement benefit under subsection (1) may elect in writing to the Board to—

S. 34AB(3)(b) substituted by Nos 40/2004 s. 20(2), 37/2007 s. 21.

S. 34AB(4) inserted by No. 95/2000 s. 16(1).

(4) The method of calculating the conversion under subsection (3) is to be determined by the Minister on the advice of an actuary appointed by the Board.

S. 34B inserted by No. 9978 s. 7(2).

34B Employer to pay into Fund

Where a member who is retrenched elects to receive a lump sum under paragraph (a) of section 34A and does not subsequently make a repayment under subsection (5) of section 21A, the Board may require the employer to pay into the fund a sum determined actuarially representing the employer's liability in respect of the benefit so paid to the member.

S. 34C inserted by No. 10258 s. 10(s), amended by No. 4/1996 s. 97(2).

34C Interest on money payable by employer

If an employer does not within 14 days after being required to do so by the Board under section 34B pay into the Fund the whole amount of the sum determined under that section as representing the employer's liability, the employer must, if the Board so demands, pay interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 on the amount remaining unpaid from the date on which payment of it was required by the Board until the date on which it is paid into the Fund.

35 Resignation

Voluntary termination of service (however expressed) by a member who is not then entitled to benefits pursuant to this Part shall be deemed to be resignation.

S. 36 amended by Nos 10258 s. 10(t), 40/2004 s. 24.

36 Resignation on grounds of disability

Where a member resigns the Board shall not make any payments pursuant to this Part until the Board receives a statement in the form approved by the Board by or on behalf of the member as to whether the member claims to resign on the grounds of disability.

S. 37 amended by No. 10258 s. 10(u), substituted by No. 81/1988 s. 21.

37 Resignation benefits

(1) If a member resigns he or she is entitled to—

(a) a cash benefit equal to the contributions paid by the member and interest at a rate specified by the Board and published in the Government Gazette less the cost of death and disability benefits as determined by the Board and Commonwealth charges; and

S. 37(1)(b) substituted by No. 49/1992 s. 88.

(b) a deferred benefit consisting of—

(i) a lump sum equal to 5 per cent of salary for each year of service in excess of 5 years; and

(ii) a pension equal to five-sixths of one per cent of salary for each year of service in excess of 5 years.

S. 37(1A) inserted by No. 49/1992 s. 88.

(1A) Deferred benefits calculated under subsection (1)(b) are to be—

(a) payable in accordance with section 38—as though they were a benefit payable under that section; and

(b) indexed in accordance with section 43.

S. 37(1B) inserted by No. 95/2000 s. 16(2).

(1B) A member who is entitled to a deferred retirement benefit under subsection (1)(b) may elect in writing to the Board to—

S. 37(1B)(b) substituted by Nos 40/2004 s. 20(3), 37/2007 s. 22.

S. 37(1C) inserted by No. 95/2000 s. 16(2).

(1C) The method of calculating the conversion under subsection (1B) is to be determined by the Minister on the advice of an actuary appointed by the Board.

S. 37(2) repealed by No 70/2013 s. 3(Sch.1 item 53).

S. 37(3)(4) inserted by No. 54/1993 s. 9, repealed by No. 40/2004 s. 25.

S. 37(5) inserted by No. 54/1993 s. 9, substituted by No. 4/1996 s. 99(1), repealed by No. 40/2004 s. 25.

S. 37A inserted by No. 10258 s. 10(v), repealed by No. 58/1987 s. 11(1)(h).

38 Deferred retirement benefits

S. 38(1) amended by Nos 10258 ss 9(c)(i), 10(w)(i)(A)(B), 58/1987 s. 11(1)(i)(i)(A)
(B), 81/1988 s. 22(1)(a), 120/1994 s. 52(a).

(1) Subject to subsections (2) and (3), a member may, within 3 months of resigning, elect to be entitled to deferred retirement benefits in accordance with the provisions of the Superannuation (Portability) Act 1989 in lieu of accepting any payments pursuant to section 37 as if the member had resigned in order to accept full time employment, within the terms of section 5 of that Act.

S. 38(2) amended by No. 10258 ss 9(c)(ii), 10(w)(ii), substituted by No. 58/1987 s. 11(1)(i)(ii), amended by No. 81/1988 s. 22(1)(b).

(2) Deferred retirement benefits are calculated and payable—

S. 38(2)(a) amended by Nos 4/1996 s. 99(2), 94/2005 s. 31.

(a) on the member having attained the age of 55 years except for that part of the deferred benefit which is subject to the specified standards; or

(b) on the member retiring on the grounds of a disability approved by the Board for the purposes of this subsection—

whichever occurs first.

S. 38(2A) inserted by No. 95/2000 s. 16(3).

(2A) A member who is entitled to a deferred retirement benefit under subsection (1) may elect in writing to the Board to—

S. 38(2A)(b) substituted by Nos 40/2004 s. 20(4), 37/2007 s. 23.

S. 38(2B) inserted by No. 95/2000 s. 16(3).

(2B) The method of calculating the conversion under subsection (2A) is to be determined by the Minister on the advice of an actuary appointed by the Board.

S. 38(3) amended by Nos 10258 ss 9(c)(iii), 10(w)(iii), 58/1987 s. 11(1)(i)(iii).

(3) On the death of a member entitled to deferred retirement benefits there shall be payable—

S. 38(3)(a) amended by Nos 10258 s. 9(c)(iii), 27/2001 s. 5(Sch. 3 item 4.3).

(a) to his partner during the life of the partner a pension of an amount equal to two-thirds of the deferred pension to which he would have been entitled if he had attained the age of 60 years on the date of his death together with the deferred lump sum and interest thereon to the date of death at a rate determined by the Board;

S. 38(3)(b) amended by No. 10258 s. 10(w)(iii), substituted by No. 120/1994 s. 45.

(b) in respect of any child of the deceased member, a pension calculated as though the member was a contributor at the date of his or her death; or

S. 38(3)(c) inserted by No. 10258 s. 10(w)(iii), 27/2001 s. 5(Sch. 3 item 4.3).

(c) to the personal representative of the deceased member if the deceased member left no partner or child to whom paragraph (a) or (b) applied, the deferred lump sum and interest thereon to the date of death at the rate specified by the Board under section 37.

S. 38(4) inserted by No. 10258 s. 10(w)(iv).

(4) A person who resigns and under subsection (1) elects to be entitled to deferred retirement benefits may, within 6 months of resigning, cancel that election and that person shall thereupon be entitled to receive benefits payable under section 37.

39 Amount of lump sum and pension on retirement

S. 39(1) amended by Nos 81/1988 s. 22(1)(c)
(i)–(iii), 61/2013 s. 17(1).

(1) Subject to subsections (2), (2A) and (3), a member who at the time of his retirement is a contributor and has contributed continuously under the provisions of this Act for not less than 42 years of contributory service shall upon retirement at or after attaining 65 years be entitled to receive a lump sum equivalent to 4⋅2 times his adjusted final salary together with a pension equivalent to 35 per centum of such adjusted final salary.

S. 39(2) substituted by No. 61/2013 s. 17(2).

(2) Benefits payable to a member who retires after the age of 75 years are to be calculated as though the member had retired on their 75th birthday, but interest is payable on the lump sum from the date of their 75th birthday until the date of the member's retirement at a rate determined actuarially.

S. 39(2A) inserted by No. 61/2013 s. 17(2).

(2A) Benefits payable to a member who retires after the permitted contributions age are to be calculated as though the member had retired on the date they attained the permitted contributions age, but interest is payable on the lump sum from the date they attained the permitted contributions age until the date of the member's retirement at a rate determined actuarially.

S. 39(2B) inserted by No. 61/2013 s. 17(2).

(2B) In subsection (2A), permitted contributions age means the age up to which Commonwealth superannuation law permits contributions to be made on behalf of a member.

(3) Where a member retires at age 66 years or more the rate of pension shall be such higher rate as determined actuarially.

S. 40 amended by No. 81/1988 s. 22(1)(d)(i).

40 Calculation of benefit where less than 42 years employment

S. 40(1) amended by No. 81/1988 s. 22(1)(d)(ii).

(1) A member who was a contributor and contributed continuously under this Act for less than 42 years of effective contributory employment shall upon retirement at, or after attaining the age of sixty years be entitled to proportionately reduced benefits which shall be calculated by multiplying the amount of the lump sum and of the pension which would have been payable to him if he had been a contributor under this Act for 42 years or more and contributed continuously by a fraction being—

(i) View image in the official source

(ii) View image in the official source —

whichever is the greater.

S. 40(1A) inserted by No. 10258 s. 9(d), amended by No. 81/1988 s. 22(1)(d)(iii)
(iv).

(1A) A member shall upon retirement at or after attaining the age of 55 years but before attaining the age of 60 years be entitled—

(a) to receive a lump sum calculated in accordance with the formula View image in the official source, where—

LS60 represents the amount of the lump sum that would have been payable to the member if the member had continued to be a contributor until attaining the age of 60 years and had then retired;

YA represents the period of contributory service of the member in years;

YP represents the period of contributory service in years which the member would have had if the member had continued to be a contributor until attaining the age of 60 years and had then retired or 42 years whichever is the lesser; and

S. 40(1A)(b) amended by No. 95/2000 s. 14(a).

(b) to receive a pension calculated in accordance with the formula View image in the official source where—

N represents the amount of the pension that would have been payable to the member if the member had continued to be a contributor until attaining the age of 60 years and had then retired;

YA and YP have the same meaning as in paragraph (a);

C60 represents the lump sum factor at age 60 as prescribed by Schedule 1;

CR represents the lump sum factor prescribed by Schedule 1 with respect to the age in years at which the member retires.

S. 40(2) substituted by No. 9400 s. 13(a), amended by Nos 9657 s. 11(1), 81/1988 s. 22(1)(d)(v)
(vi).

(2) Entitlements under this Part shall be determined on the basis that a person is deemed to have been a continuous contributor for a period or an additional period equal to the number of years not exceeding 42—

S. 40(2)(a) amended by Nos 9978 s. 9(1), 10258 s. 10(x).

(a) for pension entitlements, the period (if any) approved by the Board ending on 1 July 1980 or the period prior to four months after the joining date or prior to the date on which contributions become payable pursuant to section 24(7) (as the case requires) during which he was a permanent employee in continuous employment including any period during which the member was a contributor to the State Superannuation Fund and in respect of which the member is not entitled to a deferred benefit; and

(b) for the lump sum entitlements, one-half of any such period—

and the number of such years shall be calculated by deducting the number of years of continuous service under subsection (1) from his total years of service as a permanent employee.

S. 40(2A) inserted by No. 9657 s. 11(2), substituted by No. 9752 s. 2, amended by Nos 81/1988 s. 22(1)(d)(vii), 24/2006 s. 6.1.2(Sch. 7 item 37.2).

(2A) Service by an employee of—

(a) a school council, school committee or other governing body (by whatever name called) of a school or the principal or other person in charge of a school;

(b) an advisory council or other body (by whatever name called) performing advisory functions in connexion with a school; or

(c) any other organization or committee which employs persons at the school to perform work other than teaching work—

prior to the day of incorporation of a school council for the school pursuant to section 2.3.2 of the Education and Training Reform Act 2006 shall be deemed to be service as an employee and shall be taken into account by the Board in calculating the number of years of continuous service of a member.

(3) For the purposes of this Part service shall be deemed to be continuous notwithstanding—

(a) the taking of any annual leave or long service leave;

(b) any absence from work of not more than 48 weeks in any year on account of illness or injury;

(c) any interruption or ending of the employment by the employer if such interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave;

(d) any interruption arising directly or indirectly from an industrial dispute;

(e) the dismissal of an employee if he is re-employed within a period not exceeding six months from the date of such dismissal;

(f) the standing down of an employee on account of slackness of trade;

(g) any absence from work of a woman for a period not exceeding twelve months in respect of any pregnancy;

(h) any other absence of the employee by leave of the employer, or on account of injury arising out of or in the course of his employment;

S. 40(3)(i) inserted by No. 58/1987 s. 11(1)(j).

(i) the receipt by the member of a pension payable pursuant to section 55(1)(b).

(4) Any period of interruption of contribution payments to the Fund in excess of one month shall not be taken into account in calculating benefit entitlements under this Act.

S. 40(4A) inserted by No. 9978 s. 6(3)(b).

(4A) Notwithstanding subsection (4) any period in respect of which a member does not pay his contributions by reason of the operation of section 24(4A), (4B) or (4C) shall be taken into account in calculating benefit entitlements under this Act as if it were service as a permanent employee before he became a contributor.

S. 40(5) substituted by No. 9400 s. 13(b).

(5) In determining entitlements under this Part where the period of contributory service, prospective or otherwise, of a person is in excess of 42 years, the Board shall calculate such entitlements on the basis of those 42 consecutive years which give the optimum benefits to that person.

(6) Subject to section 39, benefits payable to a member under this section shall not exceed a sum equivalent to three times his adjusted final salary together with a pension equivalent to 25 per centum of such adjusted final salary.

S. 40(7) inserted by No. 70/2003 s. 13.

(7) For the purposes of subsection (6), if a payment or transfer to a non-member spouse is made for the purposes of Part VIIIB of the Commonwealth Family Law Act 1975 whether under Part IVA or otherwise, the maximum accrued benefit of the member spouse must be adjusted by the Board in accordance with a methodology approved by the Minister, on the advice of an actuary appointed by the Board.

41 Retirement between the ages of 60 and 65 years

Where a member at the time of his retirement is a contributor who has attained the age of 60 years and ceases to be a permanent employee before attaining the age of 65 years the pension he shall be entitled to receive under section 39 or 40 shall be multiplied by the factors in the following table:

| Age | Factor | | 60 | ⋅95 | | 61 | ⋅96 | | 62 | ⋅97 | | 63 | ⋅98 | | 64 | ⋅99 |

S. 41A inserted by No. 9657 s. 12.

41A Pensioner may apply for reduced pension and lump sum payment

S. 41A(1) amended by Nos 9978 s. 10, 58/1987 s. 11(1)(k), 94/2005 s. 32.

(1) A pensioner may make application to the Board in the form approved by the Board, for the reduction of his pension and to receive a lump sum payment in consideration of the reduction of the pension.

(2) On receipt of such application the Board may require the pensioner to provide such other information as it determines.

S. 41A(3) substituted by No. 10258 s. 10(y), amended by No. 46/1998

(3) The Board may grant the application and reduce the pension in accordance with the terms and conditions from time to time approved by the Minister.

(4) The amount of lump sum payment made in consideration of the reduction in the pension shall be determined by the Board's actuary.

42 Conversion of part of pension entitlement to lump sum payment entitlement

S. 42(1) amended by Nos 10258 s. 10(z)(i)
(A)–(C), 27/2001 s. 5(Sch. 3 item 4.4).

(1) Notwithstanding anything in this Act but subject to this section the Board may determine that a pensioner who is receiving a pension under section 39, 40 or 41 may, within the period of three months immediately prior to his attaining the age of 70 years, or three months after retirement if he retires on or after the age of 70 years, may apply in writing to convert the whole or part of the fortnightly pension entitlement of the pensioner and of his or her partner following his or her death to an equivalent entitlement by way of a lump sum payment as determined by an actuary appointed by the Board.

S. 42(2) amended by Nos 10258 s. 10(z)(ii), 27/2001 s. 5(Sch. 3 item 4.4).

(2) Where a pensioner applies under subsection (1) and his application is approved by the Board he shall be entitled to the lump sum payment and the pension payable to the pensioner and to his or her partner shall thereupon be reduced by the amount of the pension entitlement converted to a lump sum.

S. 42(3) repealed by No. 10258 s. 10(z)(iii).

(4) A pensioner shall not be entitled to make more than one application under this section.

43 Automatic adjustment of pensions

S. 43(1) amended by No. 49/1992 s. 89(a), substituted by Nos 110/1993 s. 151(1), 120/1994 s. 46(1).

S. 43(1) def. of consumer price index substituted by No. 44/2014 s. 33(Sch. item 26(1)).

consumer price index means the all groups price index for all capital cities in original terms published by the Australian Bureau of Statistics;

financial half year means a period of six months ending on 30 June or 31 December;

S. 43(1) def. of prescribed proportion substituted by No. 44/2014 s. 33(Sch. item 26(2)).

prescribed proportion in relation to a prescribed half year means—

A is the consumer price index for the prescribed half year;

B is the consumer price index for the half year ended 30 June 1979 or the highest consumer price index for a financial half year after that date and before the prescribed half year, whichever is the higher;

prescribed half year means the half year ended 30 June 1979 and any subsequent half year ending on 30 June or 31 December in which the consumer price index is higher than the highest consumer price index in or since the half year ended 30 June 1979.

S. 43(1A) inserted by No. 120/1994 s. 46(1).

(1A) Where the prescribed proportion consists of or includes a fraction of a whole number, it is deemed to have been calculated in accordance with this section if it is calculated to the nearest one-hundredth part.

S. 43(2) substituted by Nos 110/1993 s. 151(1), 120/1994 s. 46(1), amended by No. 27/2001 s. 5(Sch. 3 item 4.4).

(2) Subject to subsection (4) in any prescribed half year, any pension to which a member or the partner or child or dependent person of a deceased member is entitled under this Part must—

(a) if it is then payable, be increased on the payment of the first instalment of pension in the month of June or December by an amount equal to one-sixth of the prescribed proportion of the pension that person is receiving under this Part for every whole month or part of a month during which he or she was entitled to the pension during the preceding financial half year; and

(b) if for any reason it is not then payable, be notionally so increased as if then payable.

S. 43(3) repealed by No. 110/1993 s. 151(1).

(4) Where any increase pursuant to subsection (3) in any pension payable under this Part is likely to jeopardize the granting of any pension, allowance, subsidy, concession or similar benefit to the pensioner under any Act of the Commonwealth, the pensioner may request the Board in writing that his pension not be increased in accordance with the provisions of subsection (3), and may revoke such request at any time.

(5) The Board shall not, while in receipt of a request which is not revoked, increase such pension.

S. 43A inserted by No. 9978 s. 13.

43A Prescribed rate

S. 43A(1) amended by Nos 110/1993 s. 152(1), 120/1994 s. 46(2), 44/2014 s. 33(Sch. item 26(3)), 21/2015 s. 3(Sch. 1 item 51).

(1) In sections 44, 45 and 47 prescribed rate means the sum arrived at by multiplying $650 by View image in the official source where A is the consumer price index for the reference period in which falls the June quarter or the December quarter (whichever is the later) prior to the death of the pensioner or member and B is the consumer price index number for the quarter ended 30 June 1982.

S. 43A(2) amended by Nos 49/1992 s. 89(b), 44/2014 s. 33(Sch. item 26(4)).

(2) In this section consumer price index means the all groups consumer price index for All Capital Cities published by the Australian Bureau of Statistics.

S. 43B inserted by No. 40/2010 s. 53.

43B Registration of names of adult children

S. 43B(1) amended by No. 29/2011 s. 3(Sch. 1 item 90).

(1) For the purposes of this Part, a member may register with the Board the name of a child (an adult child) of himself or herself or of his or her partner who—

(a) has attained the age of 18 years; and

(b) is a person with a disability as described in section 8(1) of the Disability Services Act 1986 of the Commonwealth; and

(c) wholly or partially relies on the member for financial support.

(2) A person who is not registered under this section may lodge a claim in a form approved by the Board to be considered an adult child—

(a) on the death of a member; or

(b) if the person is a child of a deceased member, on the expiration of his or her child pension.

(3) In determining whether a registered person or claimant is an adult child, the Board must consider reports from at least 2 registered medical practitioners appointed by the Board as medical officers for the purposes of this Act.

(4) A determination under this section may be subject to regular reviews by the Board.

S. 44 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 4.5), amended by No. 40/2010 s. 54(1).

44 Benefits for partner, children and adult children on death of member before retirement

S. 44(1) amended by No. 9978 s. 14(1).

(1) On the death of a member before retirement, there shall be paid subject to section 28—

S. 44(1)(a) amended by Nos 110/1993 ss 150(2), 153(1), 27/2001 s. 5(Sch. 3 item 4.6).

(a) to the partner of the deceased member during the life of the partner a pension of an amount equal to two-thirds of the pension which would have been payable on the deceased member attaining the age of 60 years if his adjusted final salary at the date of his death had been his adjusted final salary on that birthday and counting the years of service which would have been completed by that age;

S. 44(1)(b) amended by Nos 110/1993 ss 150(2), 153(1), 27/2001 s. 5(Sch. 3 item 4.6).

(b) to the partner of the deceased member a lump sum equal to the lump sum which would have been payable on the deceased member attaining the age of 60 years if his adjusted final salary at the date of his death had been his adjusted final salary on that birthday and counting the years of service which would have been completed by that age;

S. 44(1)(c) substituted by No. 120/1994 s. 47(1), amended by No. 40/2010 s. 54(2).

(c) in respect of each of the children and adult children of the deceased member, a pension at the prescribed rate per annum[6].

S. 44(2) amended by No. 110/1993 s. 153(1), repealed by No. 40/2010 s. 55.

S. 44(3) amended by No. 110/1993 s. 153(1).

(3) On the death of a member after the age of 60 years the benefits shall be calculated as if he had retired immediately prior to the date of his death.

(4) Notwithstanding anything to the contrary in this Part, a person shall not be entitled—

S. 44(4)(a) amended by Nos 49/1992 s. 90(a), 27/2001 s. 5(Sch. 3 item 4.6).

(a) to receive at any one time more than one pension under this Act as the partner of a deceased member or pensioner (but any person who is entitled to a pension as the partner of more than one deceased member or pensioner shall be entitled to receive whichever of the pensions is the greater);

S. 44(4)(b) repealed by No. 49/1992 s. 90(a).

S. 44(5)(6) repealed by No. 49/1992 s. 90(c).

S. 44(7) amended by No. 9657 s. 13(1), repealed by No. 49/1992 s. 90(c).

S. 44(7A) inserted by No. 9657 s. 13(2), repealed by No. 49/1992 s. 90(c).

S. 44(8) amended by Nos 110/1993 ss 150(2), 153(1), 120/1994 s. 47(2), 27/2001 s. 5(Sch. 3 item 4.6).

(8) On the death of a member before retirement who does not have a partner there shall be paid to his personal representative the lump sum which would have been payable on the deceased member attaining the age of 60 years if his adjusted final salary at the date of his death had been his adjusted final salary on that birthday and counting the years of service which would have been completed by that age.

S. 44(9) inserted by No. 110/1993 s. 153(2).

(9) Despite the amendment of this section by section 153(1) of the Public Sector Superannuation (Administration) Act 1993, no benefit calculated under this section shall be less than the benefit that would have been payable had the member died before that section came into operation.

S. 45 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 4.7), amended by No. 40/2010 s. 56(1).

45 Benefits for partner, children and adult children on death of pensioner

(1) On the death of a pensioner, there shall be payable—

S. 45(1)(a) substituted by No. 9978 s. 14(2) (as amended by No. 10087 s. 3(1)(Sch. 1 item 237)), amended by Nos 120/1994 s. 47(3), 27/2001 s. 5(Sch. 3 item 4.8).

(a) to the partner of the deceased pensioner if he or she became the partner of the deceased pensioner before the retirement of the deceased pensioner, during the life of the partner a pension equal to—

(i) two-thirds of the pension payable to the deceased pensioner at the time of his death; or

(ii) in the case of a deceased pensioner who has under section 41A or section 42 converted part of his pension entitlement to an equivalent entitlement by way of a lump sum payment, two-thirds of the pension that would have been payable to the deceased at the time of his death if he had not so converted part of his pension—

(whichever is the greater) together with a sum equal to the balance of any lump sum held in an account in the deceased pensioner's name in the Fund;

S. 45(1)(b) amended by No. 9978 s. 14(3), substituted by No. 120/1994 s. 47(4), amended by No. 40/2010 s. 56(2).

(b) in respect of each of the children and adult children of the deceased pensioner, a pension at the prescribed rate per annum[7].

(2) Notwithstanding anything to the contrary in this Part, a person shall not be entitled—

S. 45(2)(a) amended by Nos 49/1992 s. 90(b), 27/2001 s. 5(Sch. 3 item 4.8).

(a) to receive at any one time more than one pension under this Act as the partner of a deceased member or pensioner (but any person who is entitled to a pension as the partner of more than one deceased member or pensioner shall be entitled to receive whichever of the pensions is the greater);

S. 45(2)(b) repealed by No. 49/1992 s. 90(b).

S. 45(3) repealed by No. 49/1992 s. 90(c), new s. 45(3) inserted by No. 120/1994 s. 47(5), amended by No. 27/2001 s. 5(Sch. 3 item 4.8).

(3) Despite anything to the contrary in this Part, only one pension is payable in the case of the death of a deceased member or pensioner to a partner and if after the Board has made reasonable enquiries more than one person should appear to the Board to qualify for that pension then—

(a) if the member or pensioner has by request in writing to the Board directed that the pension be paid wholly to one of the persons qualified to receive it or that each is to be paid part, the Board must give effect to the expressed intentions;

S. 45(3)(b) amended by No. 40/2010 s. 56(3).

(b) if paragraph (a) does not apply, the Board must determine in accordance with section 46 which of the persons who qualifies is to receive the pension or apportion it between them as the Board considers appropriate.

S. 45(4) repealed by No. 49/1992 s. 90(c).

S. 45(5) amended by No. 9657 s. 13(3), repealed by No. 49/1992 s. 90(c).

S. 45(5A) inserted by No. 9657 s. 13(4), repealed by No. 49/1992 s. 90(c).

S. 45(6) amended by No. 9978 s. 12(2)(a)(b), substituted by No. 120/1994 s. 47(6), amended by No. 27/2001 s. 5(Sch. 3 item 4.8).

(6) If a person becomes the partner of a pensioner after the pensioner's retirement, a pension is not payable to the partner on the death of the pensioner unless—

S. 45(6)(a) amended by Nos 27/2001 s. 5(Sch. 3 item 4.8), 40/2010 s. 56(4).

(a) at the time that the person became the pensioner's partner, the pensioner was receiving or entitled to receive a disability retirement pension; or

S. 45(6)(b) amended by No. 27/2001 s. 5(Sch. 3 item 4.8).

(b) the person became the pensioner's partner at least 3 years before the pensioner's death.

S. 45(7) amended by Nos 9400 s. 14, 10258 s. 10(za)(i)(ii), 120/1994 s. 47(7)(a), 27/2001 s. 5(Sch. 3 item 4.8), repealed by No. 40/2010 s. 57.

S. 45(8) amended by Nos 120/1994 s. 47(7)(b), 27/2001 s. 5(Sch. 3 item 4.8).

(8) A person who becomes the partner of a pensioner after the retirement of the pensioner shall not be entitled to receive at the same time a pension as a surviving partner and as a former member, but so long as the partner would but for this subsection be entitled to both such pensions, the partner shall be entitled to receive whichever of the pensions is the greater.

S. 45(9) amended by Nos 120/1994 s. 47(7)(c), 27/2001 s. 5(Sch. 3 item 4.8).

(9) On the death of a pensioner who does not have a partner there shall be paid to his personal representative the balance of any lump sum held in an account in the deceased pensioner's name in the Fund.

S. 46 amended by Nos 9657 s. 14, 10155 s. 81(1)(a)–(e), 10258 s. 10(zb), 81/1988 s. 22(1)(e)
(i)–(iii), repealed by No. 120/1994 s. 48,
new s. 46 inserted by No. 40/2010 s. 58.

46 Board's discretion to determine qualifying partners

(1) In making a determination under section 45(3)(b), the Board must consider all of the circumstances of the relationship between the deceased member or pensioner and each person who may qualify for a pension as a partner or former partner of the deceased member or pensioner, including, if applicable—

(a) the period of time for which that person was in a relationship with the member or pensioner;

(b) the period of time since the relationship between that person and the member or pensioner ended;

(c) the financial dependency of that person on the member or pensioner at the date of death of the member or pensioner;

(d) whether that person has any dependent children from his or her relationship with the member or pensioner;

(e) any submissions made by that person to the Board under subsection (2);

(f) any other factor that the Board considers relevant.

(2) A person who was the partner of the deceased member or pensioner may make written submissions to the Board as to his or her eligibility for a pension as a partner or former partner of the deceased member or pensioner.

S. 47 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 4.9), amended by No. 40/2010 s. 59(1).

S. 47 substituted by Nos 9657 s. 15, 9978 s. 14(4) (as amended by No. 10087 s. 3(1)(Sch. 1 item 238)), amended by No. 10258 s. 10(zc)(i)(ii), substituted by No. 120/1994 s. 49, amended by No. 40/2010 s. 59(2).

47 Pension to child or adult child if no surviving partner[[8]](#endnote-9)

If on the death of a member or pensioner—

S. 47(a) amended by No. 40/2010 s. 59(2).

(a) a pension is payable in respect of a child or adult child under section 44 or 45; and

(b) no other person is entitled to a benefit under section 44(1)(a), 44(1)(b) or 45(1)(a)—

there is to be paid to such person as the Board directs on behalf of the child or adult child in addition to the pension under section 44 or 45 a pension at the prescribed rate per annum.

S. 48 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 4.10), amended by No. 40/2010 s. 60(1).

S. 48 amended by No. 27/2001 s. 5(Sch. 3 item 4.11) , amended by No. 40/2010 s. 60(2).

48 Payments for children and adult children where partner dies

Where a pension in respect of any children or adult children is payable under this Part to a partner, the pension shall if the partner dies be payable to such person or persons as the Board directs on behalf of and for the benefit of the children or adult children and shall be at the rate of $1300 per annum.

S. 49 (Heading) inserted by No. 40/2010 s. 61(1).

49 Pension payable for life except in certain cases

(1) Except where otherwise provided in this Act a pension shall be payable during the life of the person entitled thereto.

S. 49(2) substituted by No. 120/1994 s. 50.

(2) A pension in respect of a child is payable until the end of the fortnightly pay period in which—

(a) the child ceases to be a child; or

(b) dies—

whichever is the earlier.

(3) The Board may at any time require such evidence as it thinks fit in order to decide whether or not a child is a full-time student.

S. 49(3A) inserted by No. 40/2010 s. 61(2).

(3A) A pension in respect of an adult child is payable until the end of the fortnightly pay period in which—

(a) the Board ceases to be satisfied that he or she is an adult child; or

(b) he or she dies—

whichever is the earlier.

S. 49(4) amended by No. 40/2010 s. 61(3).

(4) Notwithstanding anything in this Act any money payable out of the Fund in respect of a child or adult child may, at the discretion of the Board, be paid to such person as the Board directs on behalf of and for the benefit of the child or adult child or expended by the Board for the benefit of the child or adult child.

50 Pensions payable fortnightly

(1) Subject to subsection (3) pensions shall be payable in fortnightly instalments.

(2) In order to ascertain the amount of an instalment of a pension covering a period of a fortnight the annual pension shall be divided by 26.

(3) Pensions in respect of student children or of an amount being less than 15 per centum of the minimum wage may be paid quarterly in arrears.

51 Where pensioner re-employed by Crown pension may be reduced

S. 51(1) substituted by No. 58/1987 s. 10(a)(i), amended by Nos 64/1989 s. 36(3)(a)(ii), 4/1996 s. 100(1)(a)(b).

(1) Despite anything to the contrary in this Act, any pension payable under this Act (other than a disability pension) to a pensioner who continues to be an employee and who is—

(a) employed in the service of the Crown; or

S. 51(1)(b) repealed by No. 64/1989 s. 36(3)(a)(i).

must be reduced by the amount (if any) by which the sum of the remuneration that the pensioner is entitled to receive in respect of his or her employment in the service of the Crown and any pension otherwise payable to the pensioner under this Act (other than a disability pension) exceeds 95 per centum of the current equivalent of the salary on retirement of the pensioner.

S. 51(1A) inserted by No. 58/1987 s. 10(a)(i), repealed by No. 64/1989 s. 36(3)(b).

(2) In this section—

current equivalent of the salary on retirement in relation to a pensioner means such salary as the Board from time to time determines as, having regard to general increases in salary that have occurred since the retirement of the pensioner, being equivalent at any relevant time to the salary that was payable to the pensioner immediately prior to his retirement;

S. 51(2) def. of employed in the service of the Crown amended by Nos 10258 s. 10(zd), 58/1987 s. 10(a)(ii)(A)
(B), 120/1994 s. 52(b), 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 186.4), 24/2006 s. 6.1.2(Sch. 7 item 37.3).

employed in the service of the Crown in relation to a pensioner means a person employed under a contract of service—

(a) by the Crown whether or not exempt from the operation of the Public Administration Act 2004, the Education and Training Reform Act 2006 or otherwise; or

(b) by any body created by or under any Act of Parliament; or

(c) by any other body that the Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, declares to be a body to which this paragraph applies—

whether the contract relates to permanent temporary casual full-time part-time or other type of employment.

(3) This section does not apply to the payment of a pension to a pensioner who is in receipt of a pension under section 44 or section 45.

S. 51A inserted by No. 4/1996 s. 101.

51A Entitlement to pension

S. 51A(1) amended by No. 94/2005 s. 33(1).

(1) The entitlement of a former member to receive a pension under this Act ceases if any part of any entitlement under this Act or membership of the State Superannuation Fund and the Fund is recognised as entitlement towards any benefit in a complying superannuation fund and there is a transfer of assets from the Fund to that complying superannuation fund in accordance with subsection (2), on the day determined by the Board.

(2) The Board must on the recommendation of an actuary transfer from the Fund to the relevant complying superannuation fund an amount certified by the actuary to be equivalent to the former member's entitlement under this Act.

(3) The Board is released from any liability to make any further payments to, or in respect of, any entitlement of the former member or of any of his or her dependants.

S. 51A(4) amended by No. 94/2005 s. 33(2).

(4) The entitlement of a former member to receive a pension under this Act does not cease if the entitlement under this Act or membership of the State Superannuation Fund and the Fund is not recognised as entitlement towards any benefit in a complying superannuation fund.

52 Definition of *partial disability pensioner*

In this Part unless inconsistent with the context or subject-matter—

S. 52 def. of disability repealed by No. 10258 s. 10(ze).

partial disability pensioner means a pensioner entitled to disability benefits whose benefits the Board has determined to reduce under section 56.

S. 53 amended by No. 61/2013 s. 18 (ILA s. 39B(1)).

53 Disability benefits

(1) Subject to this Part, where a member retires before he attains the age of 60 years with the consent of the Board on the ground of disability he is entitled, on such retirement, to disability benefits in accordance with this Part.

S. 53(2) inserted by No. 61/2013 s. 18.

(2) A member who ceases employment after the commencement of section 18 of the Superannuation Legislation Amendment Act 2013 may at any time within the period of 6 years from the date on which they cease employment apply to the Board for the payment of disability benefits in accordance with this Part.

54 Board to make determination as to entitlement to disability benefits

S. 54(1) amended by Nos 10258 s. 10(zf), 82/1996 s. 53(a), 61/2013 s. 19.

(1) Where a member applies to the Board to retire on the grounds of disability or under section 53(2), the Board shall in its absolute discretion make a determination as follows—

S. 54(1)(a) amended by No. 82/1996 s. 53(b).

(a) refuse to grant an entitlement to disability benefits where the Board decides that the member is not suffering from a disability;

S. 54(1)(b) amended by Nos 9978 s. 11(a), 82/1996 s. 53(c).

(b) grant temporary benefit payments for a period not exceeding six months, where in the opinion of the Board the member's health might vary substantially in that period; or

S. 54(1)(c) amended by No. 40/2010 s. 62.

(c) grant an entitlement to full disability benefits.

S. 54(2) amended by Nos 9978 s. 11(b), 82/1996 s. 53(c).

(2) The Board may in its absolute discretion grant further temporary benefit payments for a period not exceeding six months in addition to that granted under paragraph (b) of subsection (1).

S. 54(3) substituted by No. 9978 s. 11(c), amended by Nos 82/1996 s. 53(c), 74/2000 s. 3(Sch. 1 item 115.2).

(3) A temporary benefit payment granted under subsection (1)(b) or subsection (2) shall be payable fortnightly at a rate equal to one half of the salary of the member immediately prior to the determination.

S. 54(4) amended by No. 82/1996 s. 53(d)(e).

(4) During or immediately after any period granted pursuant to subsection (1)(b) or (2) the Board shall make a determination whether the member is or is not disabled.

S. 54(5) amended by No. 82/1996 s. 53(f)(g).

(5) Where the Board is satisfied that the member is not disabled and refuses to return to his or her employer before the expiration of 14 days after the Board advises him of the determination of the Board, the member shall not be entitled to disability benefits and shall be deemed to have resigned as at the date of the determination made under subsection (1)(a) or (4).

55 Disability benefit entitlements

(1) Subject to section 28 a member who is entitled to disability benefits is entitled to—

(a) a lump sum equal to the lump sum which would have been payable pursuant to this Part if he had died on the day on which he was retired which shall be credited to an account which shall be opened in the member's name in the Fund;

S. 55(1)(b) amended by No. 110/1993 ss 150(2), 153(1).

(b) the pension which would have been payable on the member attaining the age of 60 years if his adjusted final salary at the date of his retirement had been his adjusted final salary on that birthday and counting the years of service which would have been completed by that age.

S. 55(1A) inserted by No. 81/1988 s. 23, repealed by No. 64/1989 s. 36(3)(c).

S. 55(2) amended by No. 9657 s. 16, substituted by No. 58/1987 s. 10(b)(i), amended by No. 64/1989 s. 36(3)(d).

(2) The Board must pay from a beneficiary's account established pursuant to subsection (1)(a) to the beneficiary or to such other person as the Board thinks fit on behalf of the beneficiary such instalments or a single payment as may be decided by the Board.

S. 55(2A) inserted by No. 58/1987 s. 10(b)(i).

(2A) The balance of a beneficiary's account accrues interest (compounded on 1 July each year) at rates that are determined by the Board having regard to the investment earnings of the Fund.

S. 55(2B) inserted by No. 58/1987 s. 10(b)(i).

(2B) The total amounts payable to a beneficiary from a beneficiary's account (excluding payments under subsection (2)) shall not be less than 10 per centum of the current equivalent of the salary on retirement of the beneficiary (within the meaning of section 51) for each complete year during which contributions have been paid, not exceeding 30.

S. 55(3) amended by No. 58/1987 s. 10(b)(ii), substituted by No. 27/2001 s. 5(Sch. 3 item 4.12).

(3) The Board must pay the balance of a beneficiary's account—

S. 55(3)(a) amended by No. 40/2010 s. 63.

(a) to the member when the member attains the age of 60 years; or

(b) if the member dies sooner—on the member's death to the member's partner or, if the member does not leave a partner, to the member's personal representative.

S. 55(3A) inserted by No. 58/1987 s. 10(b)(iii), repealed by No. 64/1989 s. 36(3)(e).

(4) Any pension shall, subject to this Part, be payable until the person receiving it dies.

S. 55(5) inserted by No. 10258 s. 10(zg).

(5) Notwithstanding anything in this Act, a pension payable pursuant to paragraph (b) of subsection (1) shall be paid from such date (not being later than the date of the retirement of the member) as the Board in its discretion determines.

S. 55(6) inserted by No. 10258 s. 10(zg).

(6) Where a member who is entitled to disability benefits was before retiring absent from duty on the ground of disability and the member's entitlement to paid leave expired before the date of the member's retirement, the member may, notwithstanding subsection (5), at the date of the member's retirement elect to—

(a) receive benefits calculated from the date on which the member ceased to be entitled to paid leave at the rate applicable to the member's salary at that date; or

(b) receive benefits at the rate applicable to the member's salary at the date of the member's retirement.

S. 55(7) inserted by No. 10258 s. 10(zg).

(7) If a member elects to receive benefits under paragraph (a) of subsection (6), the member is entitled to a refund of any contributions made by the member after the date on which the member's entitlement to paid leave expired.

S. 55(8) inserted by No. 110/1993 s. 153(3).

(8) Despite the amendment of this section by section 153(1) of the Public Sector Superannuation (Administration) Act 1993, no benefit calculated under this section shall be less than the benefit that would have been payable had the member become entitled to disability benefits before that section came into operation.

56 Board may review condition of recipient of disability benefits

(1) The Board may at any time review the question as to whether a member receiving disability benefits still suffers from a disability and, if it so determines, review the extent of disability.

S. 56(2) substituted by No. 10258 s. 10(zh)(i).

(2) If the Board determines that a member is gainfully employed it may—

(a) reduce benefits; or

S. 56(2)(b) amended by No. 4/1996 s. 100(2).

(b) suspend benefits; or

S. 56(2)(c) inserted by No. 4/1996 s. 100(2).

(c) cancel benefits.

S. 56(2A) inserted by No. 10258 s. 10(zh)(i).

(2A) For the purposes of this section a member is to be taken as gainfully employed if the member is receiving remuneration that is derived wholly or partly from labour provided by the member whether under a contract of service or otherwise.

S. 56(3) amended by No. 10258 s. 10(zh)(ii), repealed by No. 4/1996 s. 100(3).

S. 56(4) amended by Nos 10258 s. 10(zh)(iii) (A)(B), 4/1996 s. 100(4).

(4) A determination to reduce, suspend or cancel benefits shall not take effect for a period of 3 months from the date of the determination.

S. 56(5) inserted by No. 10258 s. 10(zh)(iv), amended by No. 4/1996 s. 100(5).

(5) The Board may from time to time review a determination to reduce benefits and may, in its discretion, further reduce benefits or increase benefits or cancel benefits.

S. 56(6) inserted by No. 10258 s. 10(zh)(iv).

(6) The Board may at any time require a member receiving disability benefits to provide to the Board within 45 days such returns and information relating to the financial circumstances of the member as the Board may require for the purposes of this section and if the member fails or refuses to do so the Board may suspend or cancel the disability benefits and thereupon they shall cease to be payable.

57 Payments at age 65 and on death before age 65 of a partial disability pensioner

(1) When a disability benefit is reduced the balance of the beneficiary's account arising from lump sum benefits shall be reduced in the same proportion as the rate of disability pension.

(2) On the attainment of age 65 by a partial disability pensioner—

(a) the pension then payable shall be increased if necessary to the rate of pension that the member would have been entitled to receive if he had resigned on the day his disability benefits were first reduced according to section 56 and had elected to receive a deferred benefit;

(b) a lump sum would be paid equal to the greater of—

(i) the balance of his beneficiary's account; and

(ii) an amount calculated by deducting from the lump sum he would have been entitled to receive if he had resigned on the day his disability benefits commenced and had elected to receive a deferred benefit the sum of—

View image in the official source —

where D is the total of payments from his beneficiary's account since the date of his disability T is the total years of employment taken into account in calculating benefits at the date of his disability including, where appropriate, prospective employment and P is the number of years of prospective employment included in T.

(3) Subject to section 45, on the death before age 65 of a partial disability pensioner there shall be paid—

S. 57(3)(a) amended by No. 27/2001 s. 5(Sch. 3 item 4.13).

(a) to the partner of the deceased pensioner during the life of the partner a pension of an amount equal to two-thirds of the pension which would have been payable to the pensioner pursuant to subsection (2) if he had attained the age of 65 at the date of his death;

S. 57(3)(b) amended by No. 27/2001 s. 5(Sch. 3 item 4.13).

(b) to the partner of the deceased pensioner a lump sum equal to the lump sum which would have been payable to the pensioner pursuant to subsection (2);

S. 57(3)(c) substituted by No. 120/1994 s. 51.

(c) in respect of each of the children of the deceased pensioner, a pension in accordance with section 45(1)(b).

S. 57(4) substituted by No. 27/2001 s. 5(Sch. 3 item 4.14).

(4) If a partial disability pensioner dies before the age of 65 without leaving a partner, the Board must pay the balance of any lump sum held in the pensioner's name in the Fund to the pensioner's personal representative.

58 Increase of benefits

When a partial disability benefit is increased (whether or not it is increased to full benefits) the balance of the beneficiary's account arising from lump sum benefits shall be increased to the amount which, having regard to instalments actually paid, would have been the balance if the new level of benefit was the result of the first review of the disability benefit.

59 Discontinuance of benefits

(1) On attainment of age 65 by a former disability pensioner where the member has not again become a contributor after first becoming a disability pensioner then the provisions of section 57(2) shall apply.

(2) On the death of a former disability pensioner before age 65 where the member has not again become a contributor after first becoming a disability pensioner then the provisions of subsections (3) and (4) of section 57 shall apply.

S. 59(3) amended by No. 40/2010 s. 64.

(3) Where a member again becomes a contributor, then additional benefits shall be payable as calculated actuarially and the medical classification of the member, if any, is disregarded.

S. 60 amended by Nos 10258 s. 10(zi)(i), 82/1996 s. 54.

60 Where Board determines pensioner able to undertake employment

Where the Board determines that a disability pensioner is no longer suffering from a disability, it shall forthwith notify his employer and in the event that—

S. 60(a) amended by Nos 10258 s. 10(zi)(ii), 4/1996 s. 102(1)(a)(b).

(a) he is offered employment by his former employer which the former employer certifies to the Board is employment that the pensioner is suited by education, training or experience or would be suited as a result of retraining at a salary not less than the salary appropriate at the time of such offer to the grade in which he was employed at the time of his retirement, the Board must, from the date nominated by his employer for commencement of his duties (whether or not he accepts such employment) cancel the disability benefits and thereupon they shall cease to be payable;

S. 60(b) amended by Nos 10258 s. 10(zi)(iii), 4/1996 s. 102(2)(a)(b).

(b) he is offered employment by his former employer at a salary less than the salary appropriate at the time of such offer to the grade in which he was employed at the time of his retirement because the pensioner is unable to perform the previous duties due to ill health, the Board may pay that part of his pension to him as is necessary to raise the aggregate of his salary and his pension to such salary as far as his pension permits;

S. 60(c) amended by Nos 10258 s. 10(zi)(iv), 58/1987 s. 11(1)(l), repealed by No. 102/1995 s. 19.

S. 60A inserted by No. 102/1995 s. 20.

60A Disability pensioner retiring due to ill health

(1) If the Board has made a determination that a disability pensioner who has not attained the age of 60 years is again able to perform his or her duties or any other duties for which the disability pensioner is suited by education, training or experience or for which the disability pensioner would be suited as a result of retraining, the former disability pensioner may within the prescribed period apply to the Board to retire on the grounds of ill health and receive a payment under this section.

(2) If the Board determines that the application should be granted, the Board must pay the former disability pensioner a lump sum benefit—

(a) calculated under section 34A(a) on the total amount of contributions up to the date that the disability benefit was first granted; and

(b) increased by the interest rate determined by the Board under section 37(1)(a) for each year or part of a year between that date and the date of the determination.

(3) If the former disability pensioner accepts a payment under subsection (2), the Board is released from any liability to make any further payments to, or in respect of, any entitlement of the former disability pensioner or of any of his or her dependants and this Act ceases to apply to the former disability pensioner.

(4) In this section, prescribed period means—

(a) if the former disability pensioner does not apply for a review of the determination specified in subsection (1), the period of 90 days after the determination; and

(b) if the former disability pensioner does apply for a review of the determination specified in subsection (1), the period of 30 days after—

(i) the Board confirms the determination on review; or

S. 60A(4)(b)(ii) substituted by No. 52/1998
s. 311(Sch. 1 item 83.1).

(ii) in the case of an application to the Victorian Civil and Administrative Tribunal, the Tribunal affirms the determination on review.

S. 61
repealed by No. 13/1999 s. 11.

62 Recipient of disability benefits not to make contributions

Notwithstanding section 22 a recipient of disability benefits shall not make contributions to the Fund.

63 Board to receive medical report when determining question of disability

S. 63(1) amended by Nos 49/1992 s. 91(a), 23/1994 s. 118(Sch. 1 item 53.5).

(1) Where a question arises as to whether a recipient of disability benefits is disabled or as to the extent of any disability from which a recipient of disability benefits is suffering, the question shall be determined by the Board after receiving reports from at least 2 registered medical practitioners nominated by the Board.

S. 63(2) amended by Nos 9752 s. 3, 49/1992 s. 91(b)(i)(ii), 23/1994 s. 118(Sch. 1 item 53.5).

(2) Upon receipt by the Board of adverse reports from the registered medical practitioners nominated by the Board and before a determination is made the member shall have the right to obtain a further report from a registered medical practitioner mutually agreed upon by the member and the Board.

S. 63A inserted by No. 40/2010 s. 65.

63A Disclosure of contents of medical reports

(1) Within 28 days of the receipt of a medical report under this Part, the Board must provide access to the contents of the medical report to the member to whom it relates in a way described in section 28(1) of the Health Records Act 2001.

(2) Despite subsection (1), the Board is not required to disclose the contents of a medical report if the disclosure of that information is prohibited under section 26 or 27 of the Health Records Act 2001.

S. 64 amended by No. 9657 s. 17(a)(b), substituted by No. 10258 s. 10(zj), repealed by No. 40/2010 s. 66.

S. 65 amended by No. 70/2003 s. 14 (ILA s. 39B(1)).

65 Minimum benefits

S. 65(1) amended by No. 40/2010 s. 67.

(1) Notwithstanding anything in this Act, the minimum benefits (including any amount certified by an actuary as necessary to pay any pension payable to the children or adult children of a member) payable in respect of a member under this Act shall be a sum as determined under section 37.

S. 65(2) inserted by No. 70/2003 s. 14, substituted by No. 40/2004 s. 26, amended by No. 94/2005 s. 34.

(2) Subject to this section, if the total amount of all the benefits paid or payable under this Act in respect of a member or former member is less than the sum of the superannuation guarantee amount and the amount contributed by the member or former member to the State Superannuation Fund and the Fund and interest as appropriate on the amount contributed at the rate which is the specified rate under section 37(1) up to the date that the member or former member first became entitled to a benefit under this Act other than a temporary benefit, there is to be paid out of the Fund to the member or former member an amount determined by the Board in accordance with the formula—

P = A + I

P means the amount to be paid;

I means interest as appropriate on "A" at the rate which is the specified rate under section 37(1) from the date "A" is calculated until the date that "A" is paid out of the Fund—

and where "A" is an amount determined by the Board in accordance with the formula—

SGC + MCI – B

SGC means the superannuation guarantee amount;

MCI means the sum of the amount contributed by the member or former member to the State Superannuation Fund and the Fund and interest as appropriate on the amount contributed at the rate which is the specified rate under section 37(1) up to the date that the member or former member first became entitled to a benefit under this Act other than a temporary benefit less the cost of death and disability benefits as determined by the Board and Commonwealth charges;

B means the total amount of all the benefits paid or payable in respect of the member or former member.

S. 65(3) inserted by No. 40/2004 s. 26.

(3) Unless subsection (4) or (5) applies, for the purposes of this section, the total amount of all the benefits paid or payable in respect of a member or former member is to be determined by the Board as at the date on which the member or former member first became entitled to a benefit under this Act, other than a temporary benefit under section 54, irrespective of when the benefit is payable.

S. 65(4) inserted by No. 40/2004 s. 26.

(4) If a member or former member becomes entitled to another benefit under this Act other than a temporary benefit under section 54 after having returned to work following a period as a disability pensioner under this Act, the total amount of all the benefits paid or payable in respect of the member or former member is to be determined by the Board as at the date on which the member or former member first became entitled to that other benefit under this Act.

S. 65(5) inserted by No. 40/2004 s. 26.

(5) If a member or former member who had elected to receive all or a part of his or her entitlements under this Act as a deferred benefit—

(a) dies before the deferred benefit becomes payable; and

(b) does not leave a partner entitled to a pension under this Act—

the Board must pay out of the Fund to the legal personal representative of the member or former member, in addition to any amount payable under section 38(3)(b) or 38(3)(c), an amount equal to the superannuation guarantee amount determined by the Board.

S. 65(6) inserted by No. 40/2004 s. 26.

(6) If the amount of the benefit paid or payable under this Act consists of, or includes, a pension or deferred benefit, the amount of the benefit paid or payable under this Act for the purposes of this section is to be determined by the Board in accordance with a method determined by an actuary appointed by the Board.

S. 65(7) inserted by No. 40/2004 s. 26.

(7) The Board may determine that an amount determined as payable under this section is to be applied to increase a pension payable to or in respect of a member or former member in a manner determined by the Board after obtaining the advice of an actuary appointed by the Board.

S. 65(8) inserted by No. 40/2004 s. 26.

(8) Any part of the superannuation guarantee amount which is required to be preserved in accordance with the specified standards must be preserved.

S. 65(9) inserted by No. 40/2004 s. 26.

(9) For the purposes of this section, if a payment or transfer to a non-member spouse is made for the purposes of Part VIIIB of the Commonwealth Family Law Act 1975 whether under Part IVA or otherwise, the minimum benefit of the member spouse must be adjusted by the Board in accordance with a methodology approved by the Minister, on the advice of an actuary appointed by the Board.

S. 65(10) inserted by No. 40/2004 s. 26.

(10) In this section, superannuation guarantee amount means the amount determined by the Board after obtaining the advice of an actuary appointed by the Board to be the minimum amount necessary in respect of a member or former member to avoid a superannuation guarantee shortfall within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.

S. 65(11) inserted by No. 40/2004 s. 26.

(11) The amount determined by the Board for the purpose of subsection (10) is to be determined as if no election had been made under section 23(2A).

S. 65A inserted by No. 110/1993 s. 154, repealed by No. 82/1996 s. 55, new s. 65A inserted by No. 84/1998 s. 43.

65A Commutation of pension not exceeding declared rate

(1) This section applies to a person who is entitled to a pension administered by the Board under this Act at a rate per year which does not exceed the declared rate.

(2) Notwithstanding anything to the contrary in this Act, the Board may at its discretion determine that instead of a pension the person may elect to receive a lump sum payment as determined by the Board on the advice of an actuary.

(3) If a person elects to accept a lump sum payment under subsection (2), the Board is released from any liability to make any further payments to, or in respect of, any entitlements of that person or any of his or her dependants in relation to that pension entitlement and this Act ceases to apply to that person in respect of that pension entitlement.

(4) In this section, declared rate means—

(a) $520 per year; or

(b) such higher rate per year as may be declared from time to time by the Minister by Order published in the Government Gazette.

S. 66 amended by No. 27/2001 s. 5(Sch. 3 item 4.15).

66 Amount of gratuity to be deducted

An amount equal to any amount paid as a gratuity to the member or his partner or children pursuant to the provisions of any Act or award (other than a gratuity payable on retrenchment) which relates to any part of the period of service as an employee which is taken into account for the calculation of benefits under this Act shall be deducted from the benefits payable under this Act.

Pt 4A (Heading and ss 66AA–66AG) inserted by No. 70/2003 s. 15.

Part IVA—Family law provisions

S. 66AA inserted by No. 70/2003 s. 15.

66AA Definitions

(1) In this Part—

approved deposit fund has the meaning given by section 10(1) of the Commonwealth Superannuation Industry (Supervision) Act 1993;

eligible rollover fund means a fund within the meaning of section 242 of the Commonwealth Superannuation Industry (Supervision) Act 1993;

eligible superannuation plan means—

(a) a regulated superannuation fund; or

(b) an approved deposit fund; or

(c) an exempt public sector superannuation scheme; or

(d) an RSA;

exempt public sector superannuation scheme means a public sector superannuation scheme within the meaning of section 10(1) of the Commonwealth Superannuation Industry (Supervision) Act 1993;

flag lifting agreement has the meaning given by section 90MN of the Commonwealth Family Law Act 1975;

flagging order means an order mentioned in section 90MU(1) of the Commonwealth Family Law Act 1975;

interest has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

member spouse, in relation to a superannuation interest, means the spouse who has the superannuation interest;

non-member spouse, in relation to a superannuation interest, means the spouse who is not the member spouse in relation to that interest;

payment flag has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

regulated superannuation fund means a superannuation fund which complies with section 19 of the Commonwealth Superannuation Industry (Supervision) Act 1993;

relevant condition of release means, a condition of release mentioned in item 101, 102, 103 or 106 of Schedule 1 to the Commonwealth Superannuation Industry (Supervision) Regulations 1994;

reversionary interest has the meaning given by section 90MF of the Commonwealth Family Law Act 1975;

RSA repealed by No. 40/2004 s. 20(5).

specified period means the period which is specified to be the specified period in the specified standards;

splitting order means an order mentioned in section 90MT of the Commonwealth Family Law Act 1975;

spouse inserted by No. 38/2009 s. 26(a).

spouse has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

super-annuation agreement amended by No. 38/2009 s. 26(b).

superannuation agreement has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

superannuation fund has the same meaning as in the Commonwealth Superannuation Industry (Supervision) Act 1993;

superannuation interest means an interest that a person has as a member of an eligible superannuation plan, but does not include a reversionary interest;

unsplittable interest has the meaning given by section 90MD of the Commonwealth Family Law Act 1975;

value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest means the value as determined in accordance with regulation 14G(8) of the Commonwealth Family Law (Superannuation) Regulations 2001;

value of the member spouse's interest in the Fund means the value as determined in accordance with Part 5 of the Commonwealth Family Law (Superannuation) Regulations 2001.

(2) A reference to the transfer of an amount is to be construed as including a reference to the rollover of an amount.

S. 66AB inserted by No. 70/2003 s. 15.

66AB Accrued benefit multiple

For the purpose of regulation 65 of the Commonwealth Family Law (Superannuation) Regulations 2001, the Board on the advice of an actuary appointed by the Board may from time to time determine the accrued benefit multiple.

S. 66AC inserted by No. 70/2003 s. 15.

66AC Obligation on Board

S. 66AC(1) amended by No. 38/2009 s. 27(1).

(1) Subject to subsections (5) and (6), the Board must comply with this section if—

is served on the Board under Part VIIIB or VIIIAB of the Commonwealth Family Law Act 1975.

(2) This section also applies to—

which was served on the Board under Part VIIIB of the Commonwealth Family Law Act 1975 before the commencement of section 15 of the Superannuation Acts (Family Law) Act 2003 if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.

S. 66AC(2A) inserted by No. 38/2009 s. 27(2).

(2A) This section also applies to—

which was served on the Board under Part VIIIAB of the Commonwealth Family Law Act 1975 before the commencement of section 27 of the Superannuation Legislation Amendment Act 2009 if the non-member spouse's entitlements in respect of the superannuation interest have not been satisfied as at that commencement.

(3) If the non-member spouse has not satisfied a relevant condition of release and the member spouse is not receiving a pension under this Act, the Board must if the value of the non-member spouse's entitlement in respect of the superannuation interest at the particular time does not exceed the value of the member spouse's interest in the Fund—

(a) transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible superannuation plan nominated in writing by the non-member spouse within the specified period; or

(b) if the non-member spouse fails to nominate in writing an eligible superannuation plan within the specified period, transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible rollover fund selected by the Board.

(4) If the non-member spouse has satisfied a relevant condition of release or the member spouse is receiving a pension under this Act, the Board must if the value of the non-member spouse's entitlement in respect of the superannuation interest at the particular time does not exceed the value of the member spouse's interest in the Fund—

(a) if so requested in writing by the non-member spouse within the specified period, pay the non-member spouse a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment; or

(b) if so requested in writing by the non-member spouse within the specified period, transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible superannuation plan nominated in writing by the non-member spouse; or

(c) if no request is received from the non-member spouse within the specified period, transfer a lump sum amount equal to the value of the non-member spouse's entitlement in respect of the superannuation interest at the time of the payment to an eligible rollover fund selected by the Board.

(5) Subsections (3) and (4) do not apply if—

(a) the member spouse's superannuation interest is an unsplittable interest; or

(b) a payment flag is operating in respect of the member spouse's superannuation interest; or

(c) the non-member spouse has served a waiver notice on the Board under section 90MZA of the Commonwealth Family Law Act 1975 in respect of the member spouse's superannuation interest; or

(d) the member spouse's superannuation interest is a payment that is not a splittable payment under Part 2 of the Commonwealth Family Law (Superannuation) Regulations 2001.

(6) If the member spouse's superannuation interest is a pension under this Act due to a disability which is a splittable payment, the Board may determine that subsections (3) and (4) do not apply.

(7) If the non-member spouse serves a waiver notice on the Board under section 90MZA of the Commonwealth Family Law Act 1975 in respect of the member spouse's superannuation interest, the Board may make a payment to the non-member spouse not exceeding the value at a particular time of the non-member spouse's entitlement in respect of the superannuation interest less any payments previously made by the Board to the non-member spouse in accordance with this section.

S. 66AD inserted by No. 70/2003 s. 15.

66AD Reduction of benefit or accrued benefit entitlement

Despite anything to the contrary in this Act, if under section 66AC an amount is paid by the Board to a non-member spouse or transferred by the Board on behalf of a non-member spouse, the benefit or accrued benefit entitlement of a member spouse must be reduced by the Board in accordance with a methodology approved by the Minister, on the advice of an actuary appointed by the Board.

S. 66AE inserted by No. 70/2003 s. 15.

66AE Board may provide additional information

On the application of an eligible person within the meaning of section 90MZB(8) of the Commonwealth Family Law Act 1975, the Board may provide information additional to the information required to be provided under section 90MZB of that Act if the Board considers that the additional information is necessary to understand the Fund or the member spouse's benefit entitlements.

S. 66AF inserted by No. 70/2003 s. 15.

66AF Commutation rights not affected

The entitlement of a person to convert or commute a benefit or pension under this Act is not affected by the making of a payment or transfer under this Part.

S. 66AG inserted by No. 70/2003 s. 15.

66AG Charging of fees

(1) The Board may charge reasonable fees in respect of—

(a) a payment split;

(b) a payment flag;

(c) flag lifting under a flag lifting agreement that does not provide for a payment split;

(d) an order under section 90MM of the Commonwealth Family Law Act 1975 terminating the operation of a payment flag;

(e) an application under section 90MZB of the Commonwealth Family Law Act 1975 for information about a superannuation interest;

(f) any other thing done by the Board in relation to a superannuation interest covered by a superannuation agreement, flag lifting agreement or splitting order;

(g) the provision of information under section 66AE.

(2) Fees charged under subsection (1) must not exceed the maximum levels of fees fixed by the Minister for the purposes of this section by notice published in the Government Gazette.

(3) If the Board charges a fee under subsection (1), the fee is payable—

(a) unless paragraph (b) applies, in the case of subsection (1)(a), (1)(b), (1)(c), (1)(d) or (1)(f), by the member spouse and the non‑member spouse in equal parts; or

(b) if the fee is in respect of a payment split under which the non-member spouse is entitled to be paid the whole of the amount of each splittable payment that becomes payable, by the non-member spouse; or

(c) in the case of subsection (1)(e) or (1)(g), by the person who made the application.

Part V—General

S. 66A inserted by No. 13/1999 s. 10.

66A Payment of benefits subject to specified standards

Notwithstanding anything to the contrary in this Act, the payment of any benefit under this Act is subject to any relevant specified standards.

S. 67 amended by No. 9400 s. 15, substituted by No. 10155 s. 81(2).

67 Review of decisions of the Board

(1) A person who is affected by a decision of the Board may, by notice in writing given to the Board within 30 days after the date on which the decision first comes to the notice of the person, request the Board to reconsider the decision.

(2) The Board may, upon application in writing by a person, extend, or further extend, the time for the giving of a notice to the Board requesting the Board to reconsider a decision.

(3) There shall be set out in the request the grounds on which the request is made.

(4) Upon receipt of the request, the Board shall reconsider the decision, and may either confirm the decision or vary the decision in such manner as the Board thinks fit.

(5) The Board shall within 30 days after receipt of the request, by notice in writing to the person who made the request, inform the person of the result of the Board's reconsideration of the decision.

S. 67(6) substituted by No. 52/1998
s. 311(Sch. 1 item 83.2).

(6) A person whose interests are affected by—

(a) a decision of the Board under subsection (2); or

(b) a decision of the Board under subsection (2) as confirmed or varied under subsection (4)—

may apply to the Victorian Civil and Administrative Tribunal for review of the decision.

S. 67(7) inserted by No. 52/1998
s. 311(Sch. 1 item 83.2).

(7) An application for review must be made within 28 days after the later of—

(a) the day on which the decision is made;

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

S. 68
repealed by No. 10155 s. 81(2), new s. 68 inserted by No. 82/1996 s. 56.

68 Early release of benefits

(1) The Board may approve the early release of part or all of the vested benefit of a contributor or former contributor in accordance with the specified standards.

(2) The Board must determine—

(a) the amount of the vested benefit to be released; and

(b) the method of payment of that amount; and

(c) the reduction to be made to the vested benefit—

in accordance with the specified standards.

S. 68A inserted by No. 9400 s. 16.

68A Permanent employees may be required to transfer etc. assets etc.

(1) In this Part—

S. 68A(1) def. of scheme of super-annuation amended by No. 27/2001 s. 5(Sch. 3 item 4.16).

scheme of superannuation means a scheme for the administration of any assets with the object of providing superannuation payments, annuities, pensions, allowances, lump sum payments or other benefits for employees or former employees or for the surviving partners, children, dependants or legal personal representatives of employees or former employees.

(2) Where permanent employees are contributors to or subject to a scheme of superannuation already established, they may be required in accordance with the regulations—

(a) to transfer, assign, hand over or pay (as the case requires) to the Board all or any part of the assets administered under the scheme;

(b) to have their benefits under this Act reduced in proportion to benefits they receive or are entitled to receive under the scheme.

S. 68B inserted by No. 9400 s. 16.

68B Information to be supplied

Within one month after receiving a request in writing to do so, the trustees or managers of any scheme of superannuation shall furnish to the Board a statement of the assets and liabilities of the scheme, and such other particulars relating to the scheme and to persons contributing to any fund administered under the scheme as the Board requires.

S. 68C inserted by No. 9400 s. 16.

68C Transfer of assets to Board

The Board may at any time by notice in writing served upon the trustees or managers of the scheme of superannuation require them to transfer, assign, hand over or pay (as the case requires) to the Board all such assets as are specified by the Board.

S. 68D inserted by No. 9400 s. 16.

68D Board to have power to deal with policies

Where a policy of life insurance is handed over to the Board under this Part, but the person upon whose life the policy was issued retains a power of dealing with or receiving money under that policy, the Board shall be deemed to be the continuing agent of that person for all purposes in connexion with the policy.

S. 68E inserted by No. 9400 s. 16.

68E Board may pay administrator

The Board may pay to the administrators, trustees or managers of any scheme of superannuation that part of the cash value of the fund of the scheme as certified by an actuary which may reasonably be stated to have arisen from the employer's contributions to the scheme which is applicable to such permanent employees as become entitled to benefits under this Act.

S. 68F inserted by No. 9400 s. 16, amended by No. 10258 s. 10(zk).

68F Board may open accounts etc.

The Board may open an account in the Fund in the name of a permanent employee to which may be credited that part of the accumulated value of the scheme applicable to his equity in that scheme together with interest thereon as determined by an actuary.

S. 68G inserted by No. 9400 s. 16.

68G Member to receive amount in account on ceasing to be employed

When a member ceases to be employed before he attains 60 years other than on account of his retirement, disability or death he shall be entitled to receive the amount standing to his credit in such account.

S. 68H inserted by No. 9400 s. 16.

68H On retirement balance of account additional to lump sum entitlement

In the event of a member's retirement because of age or disability or his death the balance of such account shall be deemed to be an addition to his lump sum entitlement.

69 Power of Board to acquire information about contributors for purposes of administering the Act

(1) The Board may at any time require—

S. 69(1)(a) amended by Nos 84/1998
s. 44(1), 40/2010 s. 68(1).

(a) the permanent head of any Department of the Government or any other person or body who or which employs or uses the services of a person who is an employee within the meaning of this Act to furnish such returns and information with respect to any such person as the Board may require for the purpose of the administration of the Fund, including without limiting the generality of the foregoing, particulars of the name, sex, date of birth, date of appointment, date of commencement of duty, hours of duty and changes in hours of duty, rate of salary and changes in the rate of salary, and tax file number, of such person;

S. 69(1)(b) amended by Nos 58/1987 s. 11(1)(m)(i) (ii), 27/2001 s. 5(Sch. 3 item 4.17), 40/2010 s. 68(2).

(b) any member, employee or pensioner or the partner or child of any deceased member, employee or pensioner to furnish such returns and information as the Board may require for the purposes of the administration of the Fund.

S. 69(2) amended by Nos 9978 s. 16(1), 58/1987 s. 11(1)(n), 84/1998
s. 44(2).

(2) Every person who, without reasonable excuse, fails, neglects or refuses to furnish the information required of him under this Act shall be liable to a penalty of not more than 10 penalty units.

S. 69A inserted by No. 40/2010 s. 69.

69A Continued application of member classification provisions

Despite the repeal of sections 28, 29, 30, 31, 44(2), 64 and 70 by sections 51, 55, 66 and 70 of the Superannuation Legislation Amendment Act 2010, and the amendment of section 32 by section 52 of the Superannuation Legislation Amendment Act 2010, those sections, as in force immediately before the commencement of those repeals and that amendment, continue to apply to any person who was a pensioner immediately before the commencement of those repeals and that amendment.

S. 70 amended by No. 10155 s. 81(3), repealed by No. 40/2010 s. 70.

S. 70A inserted by No. 9978 s. 15, substituted by No. 70/2003 s. 16.

70A Assignment or charging of interest

S. 70A(1) amended by No. 37/2007 s. 24(1).

(1) Subject to subsection (2) and subsection (3), an interest of a member or beneficiary in a benefit under this Act—

(a) must not be in any way assigned, charged, attached or passed by operation of law to any other person; and

(b) is not an asset for the payment of any debt or liability.

(2) Subsection (1) does not apply to or in respect of any assignment, charge, payment or transfer permitted expressly or by necessary implication by this Act.

S. 70A(3) inserted by No. 37/2007 s. 24(2).

(3) If on the death of a member the Board is satisfied that there is no personal representative, the Board may pay any money payable to the member or to his or her estate to a person the Board considers appropriate in the circumstances.

S. 70A(4) inserted by No. 37/2007 s. 24(2).

(4) For the purposes of subsection (3), personal representative has the same meaning as it has in section 5(1) of the Administration and Probate Act 1958.

S. 70B inserted by No. 40/2004 s. 27, substituted by No. 40/2010 s. 71.

70B Payment of benefits if person is incapable of managing financial affairs

(1) The Board may determine that a person who would ordinarily be entitled to receive benefits is incapable of managing his or her financial affairs.

(2) A determination under subsection (1) may be made by reason of any restriction or lack of capability of the person resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function.

(3) If the Board makes a determination under subsection (1), the Board may cause that person's benefits or any part of that person's benefits to be paid to—

(a) the person's guardian or administrator; or

(b) if there is no guardian or administrator, a person nominated by the Board for the benefit of that person and any or all of his or her dependants—

until the Board determines that the person is capable of managing his or her financial affairs.

S. 71 amended by Nos 9400 s. 17, 9657 s. 18.

71 Power to recover

The Board may recover contributions or any other amount payable to the Board under this Act, including where there is paid from the Fund to any person an amount, the whole or part of which the person is not entitled to receive under this Act, the amount to which the person is not entitled, as a civil debt due to the Board in any court of competent jurisdiction.

S. 72 amended by No. 49/1992 s. 92(a).