(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 of Board inserted by No. 120/1994 s. 43(1), repealed by No. 8/1999 s. 50(1)(b), new def.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 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).
(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 Act2010 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.