Victoria act

State Superannuation Act 1988

In ForceVIC

Jurisdiction

Victoria

Collection

act

Plain English Summary

7/10 complexity

This Act replaces the Superannuation Act 1958 and establishes a reformed State Superannuation Fund, with new rules on membership, contributions, benefit calculations, commutation and transfers. It sets election windows and conversion formulas for different classes of public officers.

The Act also adds operational mechanics — eligible member accounts for Commonwealth co‑contributions (s.60A), family‑law splitting and flags (Part 7A), asset transfers into the Fund (s.100), Board/Minister powers and fee rules — affecting employers, contributors, dependants and Fund administrators.

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What it does

The State Superannuation Act 1988 (the Act) establishes and regulates the State Superannuation Fund (the Fund), now administered by the Emergency Services Superannuation Board (the Board) following governance reforms in 2005 (see s 3(1) definition of Board and Fund). Its core function is to provide defined benefit and accumulation-style superannuation for Victorian public sector officers, with benefits calculated according to three distinct membership categories established at the time of the Act's commencement on 1 July 1988.

First, the Act preserves entitlements for original scheme members (s 3(1) and Part 5). These are officers who were contributing to the Fund as at 30 June 1988 but were not revised scheme members. Section 27(1) provides that, despite repeal of the Superannuation Act 1958, they retain the right to contribute for units of pension and receive the same benefits as if that Act had not been repealed. Salary sacrifice elections are permitted under s 27(3)–(6) for eligible salary sacrifice contributors declared under s 3A. Pensions remain subject to specified standards (s 27(2)) and family law overlays (s 27A).

Second, revised scheme members (defined in s 3(1) as those who were revised scheme contributors under s 3(1A) of the repealed 1958 Act) are covered in Part 6. Division 1 (ss 28–29) sets contribution rates on a sliding scale: 8% of salary for ages 15–29, rising to 9.5% for age 50 and over. Salary sacrifice is available under s 28(1A)–(1D). Benefits in Division 2 include age or disability pensions (ss 31–34), partner and child pensions on death (ss 36–37, 48), lump sum commutations (ss 39–41), retrenchment benefits (s 44), resignation benefits with deferred pensions (s 46), and provisions for deferred pensions (s 47). Calculations turn on (s 3(1)), (s 3(1)) and formulas such as that in s 33(5) for early retirement: (YA/YP) × (N – CR × (60 – age)). Disability pensions are set at the (s 34(1)), with Board medical determinations under s 83.

Current sections

Direct links to the current provisions in State Superannuation Act 1988.

106

Sch 1

Lump sum payment for each $1.00 of annual pension 172

Schedule 1—Lump sum payment for each $1.00 of annual pension 172

Sch 2

173

Schedule 2 173

Endnotes 174

1 General information 174

2 Table of Amendments 176

3 Explanatory details 184

Version No. 086

State Superannuation Act 1988

No. 50 of 1988

Version incorporating amendments as at

The Parliament of Victoria enacts as follows:

Part 1

Preliminary

Part 1—Preliminary

Purpose

1 Purpose

The purpose of this Act is to—

(a) provide improved benefits under the State Superannuation Fund; and

(b) introduce a new scheme for new officers; and

Commencement

2 Commencement

(1) Section 93(3) is deemed to have come into operation on 1 July 1987.

(2) Section 93(4) is deemed to have come into operation on 27 November 1987.

(3) Part 1 and Division 2 of Part 6 and section 91 are deemed to have come into operation on 1 January 1988.

(4) The remaining provisions of this Act come into operation on a day or days to be proclaimed.

Definitions

3 Definitions

(1) In this Act—

S. 3(1) def. of actuary substituted by No. 4/1996
s. 106(1)(a).

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

S. 3(1) def. of adult child inserted by No. 40/2010 s. 72(a).

adult child has the same meaning as in sections 35A(1) and 53(2A);

S. 3(1) def. of Board substituted by No. 120/1994
s. 56(1), repealed by No. 8/1999 s. 51(1)(a), new def. of Board inserted by 94/2005 s. 36(1)(a).

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

S. 3(1) def. of child amended by No. 27/2001 s. 5(Sch. 3 item 5.1(b)).

child in relation to an officer or pensioner 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. 3(1) def. of complying super-annuation fund
s. 106(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. 3(1) def. of contract officer inserted by No. 87/1992 s. 15(1)(a), substituted by No. 110/1993 s. 70(1)(a), amended by Nos 46/1998
s. 7(Sch. 1), 84/1998
s. 45(1), 108/2004 s. 117(1) (Sch. 3 item 189.1).

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

(aa) any person who—

(i) is declared or deemed to be a person to whom subsection (2)(c) applies; or

(ii) is a member of a class of persons declared or deemed to be persons to whom subsection (2)(c) applies—

by the Minister by instrument in writing; 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. 3(1) def. of contributor amended by No. 94/2005 s. 36(1)(b).

contributor means an officer who will be, is, or has been, eligible to contribute to the State Superannuation Fund;

S. 3(1) def. of dependant inserted by No. 120/1994 s. 53(1)(a), amended by No. 27/2001 s. 5(Sch. 3 item 5.1(c)).

dependant, in relation to a deceased person, means—

(a) his or her partner; or

(b) a child of the person; or

(c) any other person who in the opinion of the Board was at the date of the death of the person wholly or partially dependent on the person or who at that date had a legal right to look to him or her for financial support;

S. 3(1) def. of disability amended by Nos 49/1992 s. 3(a), 110/1993 s. 70(1)(b), 23/1994
s. 118(Sch. 1 item 54.1(a)), substituted by No. 120/1994
s. 54.

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. 3(1) def. of domestic partner inserted by No. 27/2001 s. 5(Sch. 3 item 5.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 58.1), amended by No. 4/2009 s. 37(Sch. 1 item 23.1).

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. 3(1) def. of eligible contribution inserted by No. 78/2004 s. 14.

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. 3(1) def. of eligible member inserted by No. 78/2004 s. 14.

eligible member means a contributor 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. 3(1) def. of eligible member account inserted by No. 78/2004 s. 14.

eligible member account means the account established under section 60A;

S. 3(1) def. of eligible salary sacrifice contributor inserted by No. 40/2004 s. 29.

eligible salary sacrifice contributor means an officer in respect of whom a declaration is in force under section 3A;

employing authority means any person, authority or body who or which is the employer of an officer;

S. 3(1) def. of exempt officer inserted by No. 87/1992 s. 15(1)(b), substituted by No. 110/1993 s. 70(1)(c), amended by Nos 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 189.2).

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 employing authority to the Board is in force; or

(b) a contract officer whose employing authority 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;

expense allowance means an allowance payable periodically which—

(a) is designated as an expense allowance or an expense of office allowance; or

(b) is in fact an allowance which is granted to an officer in respect of expenses which are normally and properly incurred by the officer in carrying out the duties of his or her office;

S. 3(1) def. of final average salary inserted by No. 110/1993 s. 70(1)(d).

final average salary means—

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

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

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

(b) in relation to an officer with 2 years or more of recognised service, an amount equal to one-half of the officer's aggregate salary for the period of recognised service of 2 years ending on the officer'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 officer during that period of leave without pay, salary at the rate payable to the officer 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 an officer on 1 January 1994 be less than the officer's salary on that date;

S. 3(1) def. of Fund amended by No. 81/1988 s. 25(a), substituted by No. 94/2005 s. 36(1)(c).

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

S. 3(1) def. of Government Actuary repealed by No. 4/1996
s. 106(1)(c).

S. 3(1) def. of ill health inserted by No. 102/1995
s. 22, amended by No. 4/1996
s. 106(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 an employing authority; and

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

S. 3(1) def. of minimum age for retirement amended by No. 82/1996 s. 58(2).

minimum age for retirement means—

(a) the age of 55 years; or

(b) if an entitlement to an accrued benefit at an earlier age than 55 years is prescribed for a prescribed class of members, that earlier age;

S. 3(1) def. of new scheme member amended by Nos 81/1988 s. 25(b), 49/1992 s. 3(b), 110/1993 s. 82(2), 94/2005 s. 36(1)(d).

new scheme member means—

(a) an officer who was not a contributor or a person entitled to a pension on the ground of disability under the Superannuation Act 1958 or this Act on 30 June 1988; and

(b) a person who becomes an officer after 30 June 1988, on and from the date on which that person becomes an officer; and

(ba) a person who makes an election under any Act to transfer to the State Superannuation Fund, on and from the date on which that election takes effect; and

but does not include—

(d) a revised scheme member who after 30 June 1988 ceases to be a contributor for less than 30 days and again becomes an officer; and

(e) a person—

(i) who was a contributor before 1 July 1988; and

(ii) to whom section 30(2)(b) of The Constitution Act Amendment Act 1958 applies;

S. 3(1) def. of occupational super-annuation standards inserted by No. 49/1992 s. 3(c), repealed by No. 4/1996
s. 106(1)(c).

S. 3(1) def. of officer amended by Nos 49/1992 s. 3(d), 87/1992 s. 15(1)(c), 18/1993 s. 34, 120/1994
s. 65(a), 50/1997
ss 12, 18(4), 46/1998
s. 7(Sch. 1), 12/1999 s. 4(Sch. 2 item 13.1), 108/2004 s. 117(1) (Sch. 3 item 189.3), 20/2005 s. 52(4), 24/2006 s. 6.1.2(Sch. 7 item 38.1
(a)–(c)).

officer (subject to subsection (4)) means a person other than an exempt officer or a person who is employed on a casual basis who is—

(a) employed—

(i) under Part 3 of the Public Administration Act 2004; or

(ii) under the Education and Training Reform Act 2006 as—

(A) a member of the permanent staff of the teaching service; or

(B) a temporary teacher; or

(D) a temporary assistant professional appointee; or

(E) a temporary special developmental school teacher; or

(iii) under the Education and Training Reform Act 2006—

(A) by the Secretary or a school council; or

(B) as a rural school aide; or

(iv) under Part 3 of the Parliamentary Administration Act 2005; and

(b) on the staff of a post secondary education institution within the meaning of the Education and Training Reform Act 2006 or a technical and further education institution within the meaning of that Act whom the Secretary to the Department of Treasury and Finance certifies in writing to the Board to be in his or her opinion a person the greater part of whose salary is met from the Consolidated Fund; and

(i) holding any office under the Crown; or

(ii) holding any office as a member or in the service or employment of any body created by or under any Act; or

(iii) holding any office as a member or in the service or employment of any other body that the Minister by instrument declares to be a body to which this subparagraph applies—

to which person or class of persons the Minister by instrument declares that this Act applies; and

(d) holding any office—

(i) under the Crown; or

(ii) as a member or in the service or employment of any body created by or under any Act—

who was before his or her appointment to that office an officer for the purposes of this Act and who is by or under any Act or law deemed to continue to be an officer within the meaning of this Act while holding that office; and

(e) an officer within the meaning of the Superannuation Act 1958 on 30 June 1988 and continues to be employed by the same or another employing authority; and

(f) referred to in paragraph (a), (b), (c), (d) or (e) and has resigned or been given leave of absence without pay to act as a full-time officer of a trade union which is approved by the Minister; and

(g) 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 employee in section 2(1) of the State Employees Retirement Benefits Act 1979; or

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

S. 3(1) def. of original scheme member amended by No. 94/2005 s. 36(1)(e).

original scheme member means an officer contributing to the State Superannuation Fund as at 30 June 1988 who was not a revised scheme member;

S. 3(1) def. of partner inserted by No. 27/2001 s. 5(Sch. 3 item 5.1(a)), substituted by No. 40/2010 s. 73(1).

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

S. 3(1) def. of Period of absence repealed by No. 81/1988 s. 25(c).

prescribed means prescribed by the regulations;

S. 3(1) def. of recognised service amended by Nos 81/1988 s. 25(d), 49/1992 s. 3(e)(f), 110/1993 s. 70(1)(e), 94/2005 s. 36(1)(f), 40/2010 s. 72(b).

recognised service, in relation to an officer, means the total period (calculated in years, months and days) during which the officer contributed (or in the case of a new scheme member, was entitled to contribute) to the State Superannuation Fund and the Fund and includes—

(a) the additional period of service (if any) which the officer is taken as having by virtue of the operation of, or is by any Act deemed to have for the purpose of section 13D(3), 13DA(3), 13DB(1), 13DB(1A) or 67(1A) of the Superannuation Act 1958 and in respect of which the officer has made contributions or other payments to the Fund; and

(b) any additional period of service (if any) determined by the Board in accordance with the regulations—

but does not include any period after he or she attains the age of 75 years, or as otherwise permitted by Commonwealth superannuation law, unless the Treasurer otherwise specifies in writing in respect of a specified officer or, except where express provision to the contrary is made in this Act, any period of leave of absence unless contributions have been paid in respect of that period of leave of absence under section 49(1)(c);

S. 3(1) def. of registered medical practitioner inserted by No. 23/1994
s. 118(Sch. 1 item 54.1(b)), amended by No. 97/2005 s. 182(Sch. 4 item 48), substituted by No. 13/2010 s. 51(Sch. item 52).

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. 3(1) def. of resignation substituted by No. 82/1996 s. 58(1).

resignation means the termination of service (however expressed) other than by reason of death, disability or retrenchment of a member before he or she has attained the minimum age for retirement;

S. 3(1) def. of retrenchment amended by No. 72/1990 s. 3(a)(b), substituted by No. 87/1992 s. 15(1)(d).

retrenchment means the termination of the employment or service of an officer who has not attained the minimum age for retirement and in respect of whom the employing authority certifies in writing to the Board that the officer has been retrenched for the purposes of this Act;

S. 3(1) def. of revised scheme member amended by No. 81/1988 s. 25(e).

revised scheme member means an officer who was a revised scheme contributor within the meaning of section 3(1A) of the Superannuation Act 1958;

S. 3(1) def. of revised scheme member's pension amended by No. 110/1993 ss 70(1)(f), 71(2).

revised scheme member's pension means, on the death or disability of a revised scheme member before retirement, the pension which would have become payable to the deceased or disabled revised scheme member at the retirement age of 60 if his or her final average salary at the time of death or disability had been his or her final average salary at age 60 and counting the recognised service which would have been completed by that age;

S. 3(1) def. of RSA inserted by No. 40/2004 s. 28(1).

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

S. 3(1) def. of salary amended by Nos 81/1988 s. 25(f)(i)(ii), 49/1992 s. 3(g)–(i), 37/2007 s. 26.

salary means the annual rate, computed as determined by the Board on the basis of a year consisting of 313 working days and 52 Sundays, of pecuniary emoluments payable periodically and regularly to an officer for the performance of the duties of his or her grade of employment as an officer, and includes—

(a) the annual rate of allowances payable instead of free quarters, and, when free quarters are provided, the annual rate of allowance that would have been payable had free quarters not been provided; and

(b) the annual rate of remuneration or pecuniary emolument payable for the regular performance of duties on Sundays, subject to deduction of the value of any leave of absence granted in respect thereof, where the annual value of that remuneration and of that deduction can be computed in advance; and

(d) unless an officer otherwise elects in writing, the annual rate of any higher duties allowance payable to an officer for at least 12 months and includes any increase in the rate during a period of at least 12 months where a higher duties allowance has been paid continuously in respect of different positions held by that officer; and

(e) any additional amount prescribed for officers who perform rostered or shift work; and

(f) the annual rate of any other remuneration or pecuniary emolument payable periodically and approved by the Board—

but does not include a recreation leave allowance or an expense allowance or payment for overtime, or for travelling allowances or for incidental expenses or payments of a temporary character;

S. 3(1) def. of secondment amended by Nos 49/1992 s. 3(j), 70/2003 s. 18.

secondment, in relation to an officer, means leave without pay to engage in paid employment with the consent of his or her employer during the period of that leave and in respect of which contributions payable under section 90A are only met by or on behalf of the current employer during that period;

S. 3(1) def. of specified standards inserted by No. 4/1996
s. 106(1)(d).

specified standards means standards specified under section 92A;

S. 3(1) def. of spouse substituted by Nos 120/1994
s. 53(1)(b), 27/2001 s. 5(Sch. 3 item 5.1(d)).

spouse of a person means a person to whom the person is, or was at the time of the person's death, married;

S. 3(1) def. of State Super-annuation Fund inserted by No. 94/2005 s. 36(1)(g).

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

Superannuation Act 1958 means the Superannuation Act 1958 as in force immediately before the commencement of section 93(1);

S. 3(1) def. of super-annuation system inserted by No. 37/2007 s. 27.

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. 3(1) def. of surcharge-able contributions inserted by No. 29/2000 s. 14.

surchargeable contributions means the surchargeable contributions of an officer 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. 3(1) def. of surcharge debt account inserted by No. 29/2000 s. 14.

surcharge debt account means, in relation to a person who is or has been an officer, the surcharge debt account kept for that person (while he or she was an officer) under section 71C;

S. 3(1) def. of surcharge deduction amount inserted by No. 29/2000 s. 14.

surcharge deduction amount means, in relation to a person—

(a) who is or has been an officer; 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 71C in relation to the person;

S. 3(1A) inserted by No. 70/2003 s. 19.

(1A) For the purpose of the definition of dependant in section 3(1), a person was partially dependent on a deceased person if the person benefited from a financial contribution which was not trivial in nature and was to some extent necessary to sustain the basics of life.

S. 3(2) amended by No. 87/1992 s. 15(2)(b).

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

S. 3(2)(a) amended by No. 87/1992 s. 15(2)(a).

(a) if an officer's salary is reduced then, unless the officer agrees in writing that the reduced salary applies, salary means the greater of—

(i) the salary of the officer immediately before the reduction; or

(ii) the actual salary; or

(b) in the case of an officer referred to in paragraph (f) of the definition of officer, salary means the last salary of the officer immediately prior to becoming a full-time officer of the trade union adjusted in accordance with changes in the rate of salary for the last substantive classification of the officer or any higher salary as is paid to the officer by the trade union and approved by the Board; or

S. 3(2)(c) inserted by No. 87/1992 s. 15(2)(b), amended by Nos 58/1994
s. 6(a), 84/1998
s. 45(2).

(c) in the case of a person referred to in paragraph (a) or (aa) 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 employing authority to the Board; or

S. 3(2)(d) inserted by No. 58/1994
s. 6(b), amended by No. 120/1994
s. 55(1)(2).

(d) subject to paragraph (e), 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 from time to time in that person's contract of employment and notified in writing by the employing authority to the Board; or

S. 3(2)(e) inserted by No. 120/1994
s. 55(2), amended by No. 24/2006 s. 6.1.2(Sch. 7 item 38.2), substituted by No. 70/2008 s. 42.

(e) if a person to whom paragraph (d) applies is a member of the Principal Class within the meaning of Part 2.4 of the Education and Training Reform Act 2006, or a member of the Executive Class within the meaning of that Part and immediately before becoming a member of the Executive Class was a member of the Principal Class, the salary specified for the purpose of paragraph (d) must not exceed—

(i) in the case of a person who was a member of the new scheme on 31 January 1995, a maximum of 90⋅9 per cent of the person's remuneration package; or

(ii) in any other case, a maximum of 82⋅3 per cent of the person's remuneration package.

S. 3(3) amended by Nos 100/1995
s. 32(Sch. 2 item 9), 46/1998

(3) The Minister may, by an instrument of delegation under the hand of the Minister, delegate to the Secretary to the Department of Treasury and Finance any power or duty of the Minister under paragraph (c) of the definition of officer in subsection (1).

(4) Until 1 July 1988 officer in Division 2 of Part 6 has the same meaning as it has in section 3 of the Superannuation Act 1958.

(5) A reference in this Act to a Commonwealth Act is a reference to that Act as amended and in force for the time being or as re-enacted and as subsequently amended and in force for the time being.

S. 3(6) inserted by No. 110/1993 s. 70(2).

(6) Despite the amendment of the definition of revised scheme member's pension by section 70(1)(f) of the Public Sector Superannuation (Administration) Act 1993 no pension calculated according to that definition as amended shall be less than the pension that would have been payable had the revised scheme member retired due to disability or died (as the case may be) immediately before that section came into operation.

S. 3(7) inserted by No. 8/1999 s. 51(2), repealed by No. 94/2005 s. 36(2).

S. 3(8) inserted by No. 27/2001 s. 5(Sch. 3 item 5.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 58.2).

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

S. 3(8)(a) amended by No. 4/2009 s. 37(Sch. 1 item 23.2(a)).

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

S. 3(8)(b) amended by No. 4/2009 s. 37(Sch. 1 item 23.2(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. 3(9) inserted by No. 40/2010 s. 73(2).

(9) The definition of partner as substituted by section 73(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. 3A inserted by No. 40/2004 s. 30.

Declaration of eligible salary sacrifice contributors

3A Declaration of eligible salary sacrifice contributors

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

(a) an officer who is—

(i) an original scheme member; or

(ii) a revised scheme member; or

(iii) a new scheme member; or

S. 3A(a)(iv) amended by No. 94/2005 s. 37.

(iv) a member of the State Superannuation Fund as a result of a transfer to the Fund under section 94—

to be an eligible salary sacrifice contributor from the date specified in the notice; or

(b) a class of officers who are—

(i) original scheme members; or

(ii) revised scheme members; or

(iii) new scheme members; or

S. 3A(b)(iv) amended by No. 94/2005 s. 37.

(iv) members of the State Superannuation Fund as a result of a transfer to the State Superannuation Fund under section 94—

to be eligible salary sacrifice contributors from the date specified in the notice.

Application of Act

4 Application of Act

S. 4(1) amended by Nos 4/1996
s. 107(1), 8/1999 s. 51(1)(b), 43/2008 s. 21(1).

(1) Subject to subsection (1A), this Act does not apply to an officer while he or she is a member of a prescribed superannuation scheme.

S. 4(1A) inserted by No. 4/1996
s. 107(2), repealed by No. 8/1999 s. 51(1)(c), new s. 4(1A) inserted by No. 43/2008 s. 21(2).

(1A) Subsection (1) does not apply if the officer is a member of the ESSPLAN Scheme in accordance with section 21B(1)(c) of the Emergency Services Superannuation Act 1986.

(2) If any person has been appointed prior to the commencement of the Superannuation (Amendment) Act 1968 for a term of years to any of the offices mentioned in Part II of the Second Schedule of the Superannuation Act 1958—

(a) for the purposes of this Act, he or she is so long as he or she continues to be employed in the office (whether during or after the expiration of the term for which he or she was appointed) an officer within the meaning of this Act; and

(b) the cessation of that employment (otherwise than by retrenchment, dismissal or resignation) is to be taken to be retirement within the meaning of this Act.

(3) Any person who is an officer for the purposes of this Act by the operation of paragraph (d) in the definition of officer in section 3(1) or who would at any time have been an officer for the purposes of this Act or any corresponding previous enactment if the definition of officer at that time had included a provision corresponding to that paragraph is for the purposes of this Act and of any corresponding previous enactment to be taken to have been during the period that he or she holds or held that office, whether before or after the commencement of the Superannuation Act 1965, an officer within the meaning of this Act.

(4) A person (other than a person referred to in subsection (5)) who, immediately before 1 July 1988—

(a) is a contributor within the meaning of the Superannuation Act 1958; and

(b) is liable to contribute under section 11 of that Act; and

is to be treated for the purposes of this Act as a new scheme member and is not entitled to receive any benefits under the Superannuation Act 1958 in respect of any period for which that person has been liable to contribute under section 11 of that Act but has not so contributed.

(5) Despite subsection (4), a person referred to in that subsection is to be treated as a revised scheme member if he or she—

(a) within 6 months before 1 July 1988 becomes a contributor within the meaning of the Superannuation Act 1958; and

(b) has by 31 December 1988 commenced to contribute under section 28.

S. 4(6) inserted by No. 81/1988 s. 26.

(6) If a person becomes a new scheme member as a result of an election under section 75 of the State Employees Retirement Benefits Act 1979 the Board must grant to that member an additional accrued retirement benefit equal to—

S. 4(6)(a) amended by No. 110/1993 s. 71(1).

(a) 15 per cent of final average salary for each year of service recognised by the State Employees Retirement Benefits Board in which no contributions were made; and

S. 4(6)(b) amended by No. 110/1993 s. 71(1).

(b) 20 per cent of final average salary for each year of service recognised by the State Employees Retirement Benefits Board in which contributions were made on or after the commencement of section 26 of the Superannuation Acts (Amendment) Act 1988; and

S. 4(6)(c) amended by No. 110/1993 s. 71(1).

(c) 21 per cent of final average salary for each year of service recognised by the State Employees Retirement Benefits Board in which contributions were made before the commencement of section 26 of the Superannuation Acts (Amendment) Act 1988.

S. 4(7) inserted by No. 110/1993 s. 72.

(7) A person cannot become an officer or become a member of the revised scheme or the new scheme on or after the commencement of section 72 of the Public Sector Superannuation (Administration) Act 1993 except by transferring from the revised scheme to the new scheme under section 61B.

Pt 2 (Heading and ss 5–15) amended by Nos 81/1988 s. 27(a)–(c), 72/1990 s. 4, 49/1992
ss 4–8, 120/1994 s. 56(2)(3), 4/1996 s. 108(1), 46/1998 s. 7(Sch. 1), 84/1998 s. 46, repealed by No. 8/1999 s. 51(1)(c).

Pt 3 (Heading) amended by No. 94/2005 s. 38(1).

Part 3

The non-contributory schemes account

Part 3—The non-contributory schemes account

S. 16 amended by Nos 81/1988 s. 27(d), 49/1992 s. 9, 54/1993 s. 11(1), 82/1996 s. 59(1), repealed by No. 94/2005 s. 38(2).

S. 16AA inserted by No. 4/1996
s. 109, repealed by No. 94/2005 s. 38(2).

S. 16A inserted by No. 54/1993 s. 10.

16A

Non-contributory schemes account

16A Non-contributory schemes account

(1) The Board must keep an account in the Fund called the non-contributory schemes account.

(2) There shall be credited to the account in respect of each scheme member such amounts in respect of such periods commencing on or after 1 July 1992 as the Board, on the advice of an actuary and with the approval of the Minister, determines from time to time, having regard to the Commonwealth Act.

(3) In addition to the amounts paid under subsection (2), there shall be credited to the account in respect of a scheme member such amounts as the Board from time to time determines, on the advice of an actuary and with the approval of the Minister, having regard to interest earned on investment of the Fund, after deduction of income tax (if any) and costs and expenses incurred by the Board in keeping the account.

S. 16A(4)(5) repealed by No. 82/1996 s. 59(2).

S. 16A(5A) inserted by No. 110/1993 s. 73.

(5A) If a pension or benefit is not payable to or in respect of a person under the relevant Act, the amount in the account is to be paid to the person or to his or her dependant or legal personal representative as the Board determines.

S. 16A(5B) inserted by No. 110/1993 s. 73, repealed by No. 120/1994
s. 53(2).

(6) In this section—

account means the non-contributory schemes account referred to in subsection (1);

Commonwealth Act means the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth;

S. 16A(6) def. of relevant Act amended by Nos 70/2003 s. 20(1), 28/2013 s. 7, 31/2024 s. 113(Sch. 1 item 35).

relevant Act means Attorney-General and Solicitor-General Act 1972, Constitution Act 1975, County Court Act 1958, Director of Public Prosecutions Act 1982, Magistrates' Court Act 1989, Independent Broad-based Anti-corruption Commission Act 2011, Integrity Oversight Victoria Act 2011 and Supreme Court Act 1986;

scheme member means a person who has not resigned or retired but who, on resignation or retirement, will be entitled to a pension under a relevant Act.

S. 16A(7) inserted by No. 70/2003 s. 20(2).

(7) Part 7A does not apply in respect of the account.

S. 17 repealed by No. 94/2005 s. 38(2).

Ss 18, 19 repealed by No. 120/1994
s. 56(3).

Ss 20–22 repealed by No. 31/1994
s. 4(Sch. 2 item 84).

S. 23 amended by Nos 82/1996 s. 60, 46/1998 s. 7(Sch. 1), repealed by No. 94/2005 s. 38(2).

Pt 3A (Heading and ss 23A–23G) inserted by No. 95/2000 s. 3, repealed by No. 94/2005 s. 39.

Part 4

Part-time officers

Part 4—Part-time officers

Definitions applying to this Part only

24 Definitions applying to this Part only

(1) In this Part—

comparable full-time officer in relation to a part-time officer means an officer who is employed in a similar office to the part-time office on a full-time basis, whether or not there is such an officer;

full-time officer means an officer who is employed on a full-time basis throughout the year;

part-time officer means an officer who is employed at any time on a basis which requires him or her to render part-time service;

pro rata in relation to a part-time officer means—

A is the total service in years and completed months of the part-time officer;

B is the total service in years and completed months that the part-time officer would have rendered if he or she had been a full-time officer throughout his or her service as a part-time officer;

S. 24(1) def. of total service amended by Nos 81/1988 s. 27(e), 120/1994 s. 58.

total service—

(a) in relation to a revised scheme member, means the total in years and completed months of his or her continuous recognised service, whether as a full‑time or part-time officer, or 30 years, whichever is the lesser; or

(b) in relation to a new scheme member, the total in years and completed months of his or her continuous recognised service whether as a full-time or part-time officer—

and where that total is relevant to the calculation of benefits on death or retirement on grounds of disability includes prospective service.

(2) The Board may recognise as a part-time officer an officer who is employed on an intermittent basis if it is satisfied that the total service required of that officer can be calculated annually in advance.

(3) If a full-time officer is employed on a part-time basis due to ill-health, the Board may recognise all or part of that part-time service as full-time employment.

Service and prospective service of a part-time officer

25 Service and prospective service of a part-time officer

(1) The service of a part-time officer is to be the proportion that his or her actual part-time service bears to the service that a comparable full-time officer would have been required to render.

S. 25(2) amended by No. 94/2005 s. 40.

(2) The prospective service of a part-time officer at any time is to be calculated on the proportion that his or her average service over the preceding 3 years or his or her period of membership of the State Superannuation Fund and the Fund (whichever is the lesser) bears to the service which would have been required of a comparable full-time officer over the same period.

Act applies subject to principles and rules for part-time officers

26 Act applies subject to principles and rules for part-time officers

(1) This Act applies to a part-time officer (other than an officer employed on that basis who has been recalled to service under section 76) subject to and in accordance with the principles and subject to the rules and modifications provided in this section.

(2) If—

(a) the service of a part-time officer follows continuously upon his or her service as a full-time officer; or

(b) the service of a full-time officer follows continuously upon his or her service as a part-time officer—

his or her period of service as a full-time officer is to be added to his or her period of service as a part-time officer.

(3) The contributions to be paid by a part-time officer are that proportion of the contributions that would be payable by a comparable full-time officer which the service of the part-time officer at the time the contributions fall due bears to the service of a comparable full-time officer.

(4) Where a contributor has been a full-time officer and a part-time officer his or her benefits on retirement or death are to be calculated pro rata to the benefits payable to a comparable full-time officer.

Part 5

Original scheme members

Part 5—Original scheme members

S. 27 amended by No. 70/2003 s. 21 (ILA s. 39B(1)).

Original scheme members

27 Original scheme members

(1) Despite the repeal of the Superannuation Act 1958, an officer who is an original scheme member is entitled to contribute for units of pension and has the same benefits and rights under that Act as if that Act had not been repealed.

S. 27(2) inserted by No. 70/2003 s. 21.

(2) Notwithstanding anything to the contrary in the Superannuation Act 1958, the payment of any benefit under that Act is subject to any relevant specified standards made under section 92A.

S. 27(3) inserted by No. 40/2004 s. 31.

(3) An eligible salary sacrifice contributor may by notice in writing to the employing authority 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 the Superannuation Act 1958 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. 27(4) inserted by No. 40/2004 s. 31.

(4) An election under subsection (3)—

(a) can only be made if there is in force an agreement between the employing authority and the member under which the employing authority can make the member contributions required by the Superannuation Act 1958 by way of salary sacrifice;

(d) can not be made in respect of any contributions made by a member in addition to the member contributions required under the Superannuation Act 1958.

S. 27(5) inserted by No. 40/2004 s. 31.

(5) Member contributions made in accordance with the rate determined under subsection (3) are for the purposes of the Superannuation Act 1958 (other than the provisions relating to surchargeable contributions) to be taken to be—

(a) the member contributions required to be paid under the Superannuation Act 1958; and

(b) the member contributions that would have been payable if an election had not been made under subsection (3).

Note to s. 27(5)(b) inserted by No. 37/2007 s. 28.

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. 27(6) inserted by No. 40/2004 s. 31.

(6) An election under subsection (3) does not affect the amount that would otherwise constitute the salary of the original scheme member for the purposes of the Superannuation Act 1958.

S. 27A inserted by No. 70/2003 s. 22.

27A

Application of Family Law provisions to pensioners

27A Application of Family Law provisions to pensioners

(1) The Superannuation Act 1958 as in force immediately before its repeal continues to apply in respect of a person who became entitled to receive a pension under that Act subject to this section.

(2) For the purposes of this section—

(a) the provisions of Part 7A, with such modifications as are necessary to make those provisions consistent with the Superannuation Act 1958 as in force immediately before its repeal, are deemed to form part of the Superannuation Act 1958; and

(b) the Superannuation Act 1958 as in force immediately before its repeal is to be read and construed subject to—

(i) the provisions referred to in paragraph (a); and

(ii) any relevant specified standards made under section 92A(1)(ca) or 92A(1)(cb).

Part 6—Revised scheme members

Division 1—Contributions

28 Contribution rates

S. 28(1) substituted by No. 40/2004 s. 32.

(1) A revised scheme member must make contributions to the Fund determined in accordance with the following Table:

TABLE OF CONTRIBUTIONS
Age last birthday Contributions as a percentage of salary
15 years to 29 years 8⋅0%
30 years to 39 years 8⋅5%
40 years to 49 years 9⋅0%
50 years or older 9⋅5%

S. 28(1A) inserted by No. 40/2004 s. 32.

(1A) An eligible salary sacrifice contributor may by notice in writing to the employing authority 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. 28(1B) inserted by No. 40/2004 s. 32.

(1B) An election under subsection (1A)—

(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. 28(1C) inserted by No. 40/2004 s. 32.

(1C) Member contributions made in accordance with the rate determined under subsection (1A) are for the purposes of this Act (other than sections 71C to 71E) 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 (1A).

Note to s. 28(1C)(b) inserted by No. 37/2007 s. 29.

S. 28(1D) inserted by No. 40/2004 s. 32.

(1D) An election under subsection (1A) does not affect the amount that would otherwise constitute the salary of the revised scheme member for the purposes of this Act.

S. 28(2) amended by No. 72/1990 s. 7(2).

(2) If a revised scheme member or a person to whom section 61(1) applies was entitled to contribute for optional units under the Superannuation Act 1958 he or she may—

(a) continue to pay or, with the approval of the Board after considering medical evidence, at any time elect to pay additional contributions fixed by the Board on the advice of an actuary appointed by the Board at regular periods; or

(b) within 1 month of retirement due to age elect to contribute an amount considered appropriate by the Board—

to entitle him or her to an additional pension equal to the pension that he or she would have been entitled if he or she had contributed for all his or her optional units.

S. 28(2A) inserted by No. 49/1992 s. 10(1).

(2A) Subsection (2) applies to any revised scheme member entitled to contribute for optional units under the Superannuation Act 1958 who elected to transfer to the Transport Superannuation Fund under section 4 of the Transport Superannuation Act 1988.

S. 28(3) amended by No. 81/1988 s. 27(f).

(3) If a revised scheme member was not contributing for all of his or her optional units as at l February 1975 or was holding fully paid up units under the Superannuation Act 1958 the Board may determine that his or her contributions to the Fund are to be based on a reduced amount of salary.

(4) If the Board recognises any service or further service for a revised scheme member after 30 June 1988, the Board may on the advice of an actuary appointed by the Board fix an additional contribution to be made by the revised scheme member.

S. 28(5) amended by No. 40/2010 s. 74(1).

(5) If a revised scheme member attains the age of 75 years no further contributions are to be made.

S. 28(6) inserted by No. 49/1992 s. 10(2), repealed by No. 4/1996
s. 108(2),
new s. 28(6) inserted by No. 40/2010 s. 74(2).

(6) Despite subsection (5), a revised scheme 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.

Adjustment of contribution rates

29 Adjustment of contribution rates

(1) If the contribution that a revised scheme member is liable to contribute is increased because of—

(a) an increase in his or her salary; or

(b) having a birthday which places him or her in the next age range in the Table in section 28—

the contribution is to be adjusted as at the day in each calendar year fixed by the Board for the adjustment of contributions next following the date upon which he or she becomes so liable and the Board may fix one or more days in each calendar year.

(2) The contribution as adjusted is payable as from and inclusive of the pay day on or next following the day being 2 months after the day fixed under subsection (1).

S. 30 amended by No. 110/1993
s. 74, repealed by No. 64/1995
s. 38(1).

Div 2

Benefits

Division 2—Benefits

Pension on retirement through age or disability

31 Pension on retirement through age or disability

(1) A revised scheme member is entitled to a pension on retirement on or after attaining the minimum age for retirement.

(2) Subject to this Act upon the retirement of a revised scheme member on the ground of disability he or she is entitled to a pension.

(3) A revised scheme member who became a contributor before 15 December 1970 is entitled to not less than the benefits and rights that he or she would have been entitled to under the Superannuation Act 1958.

S. 32 amended by No. 27/2001 s. 5(Sch. 3 item 5.3).

Minimum amount of pension

32 Minimum amount of pension

Except where this Act requires a pension to be actuarially determined the minimum amount of pension payable to any revised scheme member or to the partner of a revised scheme member or pensioner is $130 per annum.

Amount of pension on retirement through age

33 Amount of pension on retirement through age

S. 33(1) amended by Nos 81/1988 s. 28(a), 110/1993 s. 71(2).

N represents the amount of the pension that would have been payable to the officer if the officer had continued to serve as an officer until attaining the age of 60 years and had then retired and as if his or her final average salary at retirement had been his or her final average salary at age 60 and counting the recognised service which would have been completed by that age;

YA represents the period of recognised service of the officer before attaining the age of 60 years or 42 years whichever is the lesser;

YP represents the period of recognised service which the officer would have had if the officer had continued to serve as an officer until attaining the age of 60 years and had then retired or 42 years whichever is the lesser;

C60 represents the lump sum factor at age 60 as specified in Schedule 1;

CR represents the lump sum factor specified in Schedule 1 with respect to the age in completed years and months at which the officer retires.

S. 33(2) amended by No. 110/1993 s. 71(1).

(2) A revised scheme member who retires at the age of 60 years and has completed recognised service of not less than 30 years is entitled to a pension equal to two-thirds of his or her final average salary.

S. 33(3) amended by No. 110/1993 s. 71(1).

(3) A revised scheme member who retires after the age of 60 years and has completed recognised service of not less than 30 years is entitled to a pension equal to two-thirds of his or her final average salary multiplied by—

(4) A revised scheme member who retires at or after the age of 60 years and has completed recognised service of less than 30 years is entitled to a pension calculated under subsection (2) or (3) reduced in the proportion that his or her recognised service bears to 30 years.

(5) A revised scheme member who retires on or after the minimum age for retirement but before attaining the age of 60 years is entitled to a pension equal to—

(6) Despite subsection (1), until 30 June 1988, C60 and CR are to be determined from Schedule 6 of the Superannuation Act 1958.

Pension entitlement on retirement through disability

34 Pension entitlement on retirement through disability

S. 34(1) substituted by No. 40/2010 s. 75(1).

(1) A revised scheme member who retires on the ground of disability is entitled to his or her revised scheme member's pension.

S. 34(2) repealed by No. 40/2010 s. 75(1).

S. 34(3) amended by No. 40/2010 s. 75(2).

(3) A pension under subsection (1) is to be paid from a date not later than the date of retirement of the revised scheme member as the Board determines.

(4) Despite subsection (3), if a revised scheme member—

(a) has retired on the ground of disability; and

(b) was absent from duty by reason of that disability before the date of his or her retirement; and

S. 34(4)(c) amended by No. 81/1988 s. 28(b).

he or she may make an election under subsection (5) at his or her date of retirement.

(5) The revised scheme member may elect to receive a pension—

S. 34(5)(a) amended by No. 110/1993 s. 71(2).

(a) calculated from the date on which he or she ceased to be entitled to paid leave at the rate applicable to his or her final average salary at that date; or

S. 34(5)(b) amended by No. 110/1993 s. 71(2).

(b) at the rate applicable to the final average salary at the date of his or her retirement.

S. 34(6) amended by No. 4/1996

(6) If a revised scheme member elects to receive a pension in accordance with subsection (5)(a), he or she is entitled to a refund of any contributions made after the date on which his or her entitlement to paid leave ceased and interest at the rate which is the prescribed rate under section 46(1).

(7) Even though a revised scheme member may have been incapable of forming, or unwilling to form, an intention to retire, he or she is to be taken to have retired on the ground of disability for the purpose of this section if—

(a) the Board has determined under section 83 that he or she is unable by reason of disability to perform his or her duties; and

(b) within 6 months of the determination he or she is dismissed from his or her employment as an officer or that employment is otherwise terminated and no reason other than disability is given for the dismissal or termination.

S. 34(8) inserted by No. 61/2013 s. 20.

(8) A revised scheme member who ceases employment after the commencement of section 20 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 a pension in accordance with this section.

S. 34(9) inserted by No. 61/2013 s. 20.

(9) For the purposes of subsection (8), a reference in this section to the retirement of the revised scheme member is to be construed as a reference to the revised scheme member ceasing employment.

Retirement or death after return from leave of absence

35 Retirement or death after return from leave of absence

S. 35(1) substituted by No. 40/2010 s. 76(1).

(1) This section applies to a revised scheme member who on or after the commencement of section 76 of the Superannuation Legislation Amendment Act 2010—

(a) returns to duty after being on leave of absence without pay; and

(b) retires on the ground of disability or dies.

S. 35(1A) inserted by No. 40/2010 s. 76(1).

(1A) The revised scheme member is entitled to benefits in accordance with this Act.

S. 35(2) amended by No. 40/2010 s. 76(2).

(2) If the revised scheme member made or was taken to have made an election under section 49(1)(a) the benefits payable are those appropriate to service benefits.

S. 35(3) amended by No. 40/2010 s. 76(2).

(3) If the revised scheme member made an election under section 49(1)(b) the benefits payable in respect of any increase in salary immediately on resuming duty are those appropriate to service benefits.

S. 35(4) repealed by No. 40/2010 s. 76(3).

S. 35A inserted by No. 40/2010 s. 77.

35A

Registration of names of adult children

35A Registration of names of adult children

(1) For the purposes of sections 36 and 37, a revised scheme 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

(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 revised scheme member; or

(b) if the person is a child of a deceased revised scheme 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. 36 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 5.4), amended by No. 40/2010 s. 78(1).

Pension to partner, children or adult children on death of revised scheme member

36 Pension to partner, children or adult children on death of revised scheme member

(1) On the death of a revised scheme member before retirement there is to be paid—

S. 36(1)(a) amended by No. 27/2001 s. 5(Sch. 3 item 5.5).

(a) unless subsection (2) applies, to the partner during his or her life sixty-six and two-thirds per cent of the revised scheme member's pension; and

S. 36(1)(b) amended by Nos 120/1994
s. 59(1), 40/2010 s. 78(2).

(b) to each child or adult child of the deceased revised scheme member a pension at the rate applicable under subsection (3) or the rate of $312 per annum, whichever is the greater.

S. 36(2) amended by No. 27/2001 s. 5(Sch. 3 item 5.5).

(2) A partner is not entitled to receive—

S. 36(2)(a) repealed by No. 110/1993 s. 75(1).

S. 36(2)(b) amended by Nos 120/1994
s. 57(a), 27/2001 s. 5(Sch. 3 item 5.5).

(b) at any one time more than 1 pension as the partner of a deceased officer but is entitled to receive whichever of those pensions is the greater.

S. 36(3) amended by No. 40/2010 s. 78(3)(a).

(3) The pension payable to a child or adult child of a revised scheme member under subsection (1) is—

S. 36(3)(a) amended by No. 40/2010 s. 78(3)(b).

(a) if there are not more than 2 eligible children and eligible adult children, an amount equal to eleven and one-ninth per cent of the revised scheme member's pension; or

S. 36(3)(b) amended by No. 40/2010 s. 78(3)(c).

(b) if there are 3 or more eligible children and eligible adult children, an amount equal to thirty-three and one-third per cent of the revised scheme member's pension divided by the number of eligible children and eligible adult children for the time being.

S. 36(4) amended by No. 27/2001 s. 5(Sch. 3 item 5.5).

(4) If a revised scheme member had attained the age of 65 years and dies before retirement leaving a partner, the pension of the partner is to be determined under section 37 as if the revised scheme member had retired immediately before his or her death.

S. 36(5) amended by No. 27/2001 s. 5(Sch. 3 item 5.5).

(5) In addition to any other pension payable under this section, if on the death of a revised scheme member before retirement—

S. 36(5)(a) amended by No. 40/2010 s. 78(4).

(a) the Board is satisfied that the revised scheme member was during any continuous period of absence from duty immediately preceding his or her death incapable of performing his or her duties on the ground of disability; and

S. 36(5)(b) amended by No. 27/2001 s. 5(Sch. 3 item 5.5).

(b) the revised scheme contributor is survived by a partner—

the Board may authorise payment to the partner of a sum not exceeding the amount of pension which would have been payable to the revised scheme member if during the period of absence he or she had been in receipt of a pension under section 34.

(6) Contributions are not required to be made to the Fund for the period in respect of which an amount is calculated under subsection (5).

S. 37 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 5.6), amended by No. 40/2010 s. 79(1).

Pension to partner, children or adult children on death of revised scheme member who is a pensioner

37 Pension to partner, children or adult children on death of revised scheme member who is a pensioner

S. 37(1) amended by No. 49/1992 s. 11.

(1) On the death of a former revised scheme member who is a pensioner there is to be paid—

S. 37(1)(a) amended by No. 27/2001 s. 5(Sch. 3 item 5.7).

(a) unless subsection (2) applies, to the partner during his or her life a pension—

(i) equal to sixty-six and two-thirds per cent of the pension payable to the deceased at the time of his or her death; or

S. 37(1)(a)(ii) amended by No. 44/1989 s. 41(Sch. 2 item 40.1).

(ii) in the case of a deceased officer who has under section 39(5) converted part of his or her fortnightly pension entitlement to an equivalent entitlement by way of a lump sum payment or of a deceased officer in the railway service or a deceased person employed at the date of his or her death in the Public Transport Corporation whose pension entitlement has been reduced under section 51 of the Superannuation Act 1975, equal to sixty-six and two-thirds per cent of the pension that would have been payable to the deceased at the time of his or her death if he or she had not so converted part of his or her pension or if his or her pension entitlement had not been so reduced; or

(iii) at the rate of $130 per annum—

whichever is the greater; and

S. 37(1)(b) amended by Nos 120/1994
s. 59(2), 82/1996 s. 61, 40/2010 s. 79(2).

(b) to each child or adult child of the deceased pensioner a pension at the rate applicable under section 36(3) (adjusted in accordance with section 91 up to the date of death of the pensioner) or the rate of $312 per annum, whichever is the greater.

S. 37(2) amended by No. 27/2001 s. 5(Sch. 3 item 5.7).

(2) A partner is not entitled to receive—

S. 37(2)(a) repealed by No. 110/1993 s. 75(2).

S. 37(2)(b) amended by Nos 120/1994
s. 57(b), 27/2001 s. 5(Sch. 3 item 5.7).

(b) at any one time more than 1 pension as the partner of a deceased pensioner but is entitled to receive whichever of those pensions is the greater.

S. 37(2A) inserted by No. 120/1994
s. 59(3), amended by No. 27/2001 s. 5(Sch. 3 item 5.7).

(2A) 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. 37(2A)(b) amended by No. 40/2010 s. 80(1).

(b) if paragraph (a) does not apply, the Board must determine in accordance with subsection (2B) which of the persons who qualifies is to receive the pension or apportion it between them as the Board considers appropriate.

S. 37(2B) inserted by No. 40/2010 s. 80(2).

(2B) In making a determination under subsection (2A)(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 has ended;

(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 (2C);

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

S. 37(2C) inserted by No. 40/2010 s. 80(2).

(2C) 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. 37(3) amended by No. 110/1993 s. 75(3), substituted by No. 120/1994
s. 59(4), amended by No. 27/2001 s. 5(Sch. 3 item 5.7).

(3) 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. 37(3)(a) amended by Nos 27/2001 s. 5(Sch. 3 item 5.7), 40/2010 s. 79(3).

(a) at the time that the person became the pensioner's partner, the pensioner was receiving a pension under section 34 or 63; or

S. 37(3)(b) amended by No. 27/2001 s. 5(Sch. 3 item 5.7).

(b) the person became the pensioner's partner at least 2 years before the pensioner's death.

S. 37(4) amended by Nos 120/1994
s. 59(5), 27/2001 s. 5(Sch. 3 item 5.7), repealed by No. 40/2010 s. 81.

S. 37(5) amended by No. 110/1993 s. 75(4), substituted by No. 27/2001 s. 5(Sch. 3 item 5.8).

(5) A partner of a pensioner who became the pensioner's partner after the pensioner's retirement is not entitled to receive at the same time a pension as a surviving partner and as a former contributor but is entitled to whichever of those pensions is the greater.

S. 38 amended by Nos 81/1988 s. 28(c), 19/1989 s. 16(Sch. items 50.1–50.6), 49/1992 s. 12(a)–(e), repealed by No. 120/1994 s. 57(c),
new s. 38 inserted by No. 38/2009 s. 28.

Re-instatement of pension cancelled on the ground of re‑marriage

38 Re-instatement of pension cancelled on the ground of re‑marriage

(1) This section applies to a person who—

(a) received a pension under section 36 or 37 as the partner of a deceased revised scheme member or pensioner; and

(b) as a result of re-marriage, had their entitlement to that pension cancelled.

(2) A person to whom this section applies may apply in writing to the Board to receive a pension under section 36 or 37.

(3) The Board must grant an application made under subsection (2) if the Board is satisfied that—

(a) the applicant is a person to whom this section applies; and

(b) the applicant would be entitled to a pension under section 36 or 37 as the partner of a deceased revised scheme member or pensioner but for the re-marriage.

(4) If the Board grants an application made under subsection (2), the person is entitled to be paid a pension in accordance with section 36 or 37 as from the date on which the application was made.

Pensioner may elect to convert whole of or part of pension entitlement to a lump sum payment entitlement

39 Pensioner may elect to convert whole of or part of pension entitlement to a lump sum payment entitlement

S. 39(1) amended by Nos 81/1988 s. 28(d), 95/2000 s. 6(1), 27/2001 s. 5(Sch. 3 item 5.9).

(1) A pensioner under the Superannuation Act 1958 who has not converted any part of his or her pension to a lump sum or who is receiving a pension under section 33 or whose pension has been reduced under section 67 and who has not made an election under subsection (3), may within the period of 3 months immediately prior to attaining the age of 65 years elect in writing to convert the whole of or not more than 50 per cent of the pensioner's fortnightly pension entitlement and the fortnightly pension entitlement of his or her partner following his or her death to an equivalent entitlement by way of a lump sum payment as determined in accordance with Schedule 1.

S. 39(2) amended by No. 27/2001 s. 5(Sch. 3 item 5.9).

(2) If a pensioner makes an election under subsection (1), he or she is entitled to the lump sum payment when he or she attains the age of 65 years and his or her pension and the pension of his or her partner are reduced by the amount of the pension entitlement converted to a lump sum on the day on which he or she becomes entitled to the lump sum payment.

S. 39(3) amended by Nos 81/1988 s. 28(e), 49/1992 s. 13, 120/1994
s. 57(d)(i), 95/2000 s. 6(1)(2), 27/2001 s. 5(Sch. 3 item 5.9), 73/2001 s. 5(1)(a).

(3) A revised scheme member or pensioner who is or will be entitled to a pension under section 33, or a person who is or will be entitled to an age retirement pension under the Superannuation Act 1958 may within the period commencing 3 months prior to his or her retirement and ending 3 months after his or her retirement (or any later date fixed by the Board) elect in writing to convert the whole of or not more than 50 per cent of the pensioner's fortnightly pension entitlement and the fortnightly pension entitlement of his or her partner following his or her death to an equivalent entitlement by way of lump sum payment as determined in accordance with Schedule 1.

S. 39(4) amended by Nos 49/1992 s. 13, 120/1994
s. 57(d)(ii), 27/2001 s. 5(Sch. 3 item 5.9), 73/2001 s. 5(1)(b).

(4) If a person makes an election under subsection (3), he or she is entitled to the lump sum payment on retirement or on the day on which he or she makes the election (whichever is the later) and his or her pension and the pension of his or her partner are reduced by the amount of the pension entitlement converted to a lump sum on the day on which he or she becomes entitled to the lump sum payment.

S. 39(5) amended by Nos 49/1992 s. 13, 120/1994
s. 57(d)(ii), 27/2001 s. 5(Sch. 3 item 5.9).

(5) A person making an election under subsection (1) or (3) may request that no proportion of the fortnightly pension entitlement of his or her partner following his or her death is to be converted into a lump sum payment.

(6) If subsection (5) applies, Schedule 1 has effect as if each lump sum factor specified in column 2 of Schedule 1 was reduced by $2.00.

(7) This section does not enable a revised scheme member or pensioner who after he or she has attained the minimum age for retirement has received a pension under section 34 or 63 to elect to convert any of his or her fortnightly pension entitlement under section 33 to a lump sum entitlement unless that member or pensioner has resumed duty and was on duty during the whole of the period of 12 months immediately prior to his or her retirement on account of age.

S. 39(8) amended by No. 81/1988 s. 28(f).

(8) A person is not entitled to make more than 1 election under this section unless the Board otherwise determines.

S. 40 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 5.10).

Partner of a pensioner aged 60 years or over entitled to convert part of pension to a lump sum

40 Partner of a pensioner aged 60 years or over entitled to convert part of pension to a lump sum

S. 40(1) amended by Nos 120/1994
s. 57(e)(i), 95/2000 s. 6(3), 27/2001 s. 5(Sch. 3 item 5.11), 73/2001 s. 5(2)(a), 40/2010 s. 82.

(1) A person who is aged 60 years or over and is entitled to a pension as the partner of a revised scheme member or former revised scheme member, or is entitled to a pension under the Superannuation Act 1958 as a result of the death of a contributor or pensioner within the meaning of that Act (other than as a child of the contributor or pensioner) may—

(a) within 12 months of attaining the age of 60 years; or

S. 40(1)(b) amended by Nos 120/1994
s. 57(e)(ii), 27/2001 s. 5(Sch. 3 item 5.11), substituted by No. 73/2001 s. 5(2)(b).

(b) within the period of 12 months immediately after the death of the member, former member, contributor or pensioner—

S. 40(1)(c) repealed by No. 120/1994
s. 57(e)(iii).

elect in writing to convert the whole of or part of his or her fortnightly pension entitlement to a lump sum payment as determined by the Board in accordance with actuarial advice.

S. 40(2) substituted by No. 95/2000 s. 6(4).

(2) A person must elect under subsection (1) to convert to an equivalent lump sum payment an amount—

(a) equal to the whole; or

(b) not greater than 50 per cent—

of his or her fortnightly pension entitlement.

(3) A person who makes an election under subsection (1) is entitled to the lump sum payment on the day on which the election is made.

(4) The person's pension is to be reduced by the amount of the pension entitlement converted to a lump sum on the day on which the person becomes entitled to the lump sum payment.

S. 41 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 5.12).

Partner of deceased revised scheme member under age 60 may convert whole of pension to a lump sum

41 Partner of deceased revised scheme member under age 60 may convert whole of pension to a lump sum

S. 41(1) amended by No. 120/1994
s. 57(f)(ii).

(1) A person—

S. 41(1)(a) amended by Nos 120/1994
s. 57(f)(i), 27/2001 s. 5(Sch. 3 item 5.13), 73/2001 s. 5(3)(a).

(a) entitled to a pension as the partner of a revised scheme member or former revised scheme member, or entitled to a pension under the Superannuation Act 1958 as a result of the death of a contributor or pensioner within the meaning of that Act (other than as a child of the contributor or pensioner); and

S. 41(1)(b) amended by No. 73/2001 s. 5(3)(b).

(b) who is under the age of 60 years at the date of death of the member, former member, contributor or pensioner—

may within the period of 12 months immediately after the death elect in writing to convert his or her fortnightly pension entitlement to a lump sum payment equal to the annual pension entitlement of that person immediately prior to his or her election multiplied by 7.

(2) A person who makes an election under subsection (1) is entitled to the lump sum payment on the day on which the election is made and the person's pension ceases to be payable on that day.

S. 42
repealed by No. 120/1994
s. 57(g).

S. 43 amended by Nos 120/1994
s. 57(h)(i)(ii), 4/1996

Payment on death of revised scheme member before retirement

43 Payment on death of revised scheme member before retirement

S. 43(1) amended by Nos 27/2001 s. 5(Sch. 3 item 5.13), 94/2005 s. 41.

(1) If on the death of a revised scheme member a pension is not payable to a partner under section 36 or 37 there is to be paid to his or her personal representative the actual amount contributed by him or her to the State Superannuation Fund and the Fund and interest at the rate which is the prescribed rate under section 46(1) less the amount certified by an actuary appointed by the Board as being necessary to pay any pension payable to his or her children.

S. 43(2) amended by No. 120/1994
s. 57(i).

(2) This section does not apply if a pension was payable under section 36 or 37 and has been wholly converted into a lump sum.

Retrenchment of revised scheme member

44 Retrenchment of revised scheme member

(1) A revised scheme member who is retrenched is entitled—

(a) to a lump sum payment of an amount equal to—

View image in the official source; or

(b) to elect either to take a lump sum payment under paragraph (a) or a deferred pension equal to—

View image in the official source—

where N, YA, YP and C60 have the same meanings as in section 33(1) and C has the same meaning as in section 46(2).

(2) If an election is not made under subsection (1)(b) the Board must determine the benefits to which the revised scheme member is entitled.

(3) If a revised scheme member who has been retrenched re-enters the service—

S. 44(3)(a) amended by No. 81/1988 s. 28(g).

(a) his or her entitlement to a deferred pension under subsection (1)(b) is not affected; and

(b) he or she must contribute under Part 7 and is not entitled to claim any further benefit in respect of his or her previous service.

Rights of statutory officer

45 Rights of statutory officer

If a revised scheme member—

(a) has not attained the minimum age for retirement; and

(b) has been or is appointed for a term of years to a statutory office; and

(d) ceases to be an officer—

he or she is entitled to the same benefits as he or she would be entitled under section 44(1).

Rights on resignation

46 Rights on resignation

(1) Subject to subsection (4), if a revised scheme member resigns, he or she may elect within 1 month of his or her resignation to receive either—

(a) a cash benefit equal to the amount of the contributions paid by him or her and interest at the prescribed rate and a deferred pension calculated in accordance with the formula:

View image in the official source; or

S. 46(1)(b) amended by No. 81/1988 s. 28(h).

(b) a cash benefit equal to the amount of the contributions due and paid by him or her during the last X years and interest at the prescribed rate and a deferred pension calculated in accordance with the formula:

View image in the official source.

(2) For the purposes of subsection (1) N, YA and YP have the same meanings as in section 33(1) and C means the contribution factor in accordance with the following Table with values for intermediate ages being calculated to the lower 0.01:

Age Factor
50 1.00
45 .90
40 .80
35 .70
30 or less .60

X means the lesser of—

(a) the excess (if any) of 50 years over the age of the officer in years and completed months; and

(b) 5 years.

S. 46(2A) inserted by No. 81/1988 s. 28(i).

(2A) For the purposes of subsections (1) and (2) recognised service included in "YA" and "YP" includes unpaid parental leave up to 12 months for each confinement if the revised scheme member has returned for at least 12 months of paid employment after the period of unpaid parental leave and any period of unpaid leave during which contributions have been paid under section 49.

S. 46(3) amended by No. 81/1988 s. 28(j).

(3) If a revised scheme member elects to receive a lesser cash benefit the Board on the advice of an actuary appointed by the Board must grant an additional amount of deferred pension.

(4) Subsection (1) does not apply in respect of any person who—

(a) has received a pension following retirement on the ground of disability; and

(b) subsequently re-enters or is re-employed in the service—

unless that person continues to make contributions for a period of not less than 12 months.

(5) If a revised scheme member does not make an election under subsection (1), the Board must determine the benefits to which the revised scheme member is entitled.

(6) Despite subsection (1), if a revised scheme member is entitled to a deferred pension equal to less than 1 per cent of salary, he or she may elect to receive an equivalent cash benefit.

Provisions applying to deferred pensions

47 Provisions applying to deferred pensions

S. 47(1) amended by No. 72/1990 s. 5(1).

(1) If a revised scheme member was not contributing for all of his or her optional units under the Superannuation Act 1958 the Board must make an appropriate adjustment in calculating the deferred pension under section 44, 45, 46 or 61.

(2) If a person who is entitled to a deferred pension is not a pensioner but is unable to work because of a disability this Act applies with such adaptations as are necessary in all respects as if he or she was a contributor who had become unable to perform his or her duties because of disability but—

(a) section 34(1) applies as if any reference to "revised scheme member's pension" was a reference to "pension which he or she had elected to receive on attaining the age of 60 years"; and

(b) any pension under this subsection may cease to be payable during any period the Board thinks fit.

S. 47(3) amended by Nos 49/1992 s. 14(a), 27/2001 s. 5(Sch. 3 item 5.13).

(3) On the death of a person who is entitled to a deferred pension and is not a pensioner, he or she is deemed to have been a revised scheme member at the date of his or her death and this Act applies accordingly but the pension to which his or her partner is entitled is to be two-thirds of the pension which the deceased would have received on attaining the age of 60 years.

S. 47(4) repealed by No. 72/1990 s. 5(2).

S. 47(5) amended by Nos 49/1992 s. 14(b), 82/1996 s. 62(a)(b), 27/2001 s. 5(Sch. 3 item 5.13).

(5) If a person who is entitled to a deferred pension has a partner after becoming so entitled, a pension is not payable upon his or her death to his or her partner or in respect of any children of that partner and that person, born after becoming his or her partner.

S. 47(6) amended by No. 72/1990 s. 5(3).

(6) Subject to subsection (6A), section 39 applies to a person entitled to a deferred pension as if he or she was a revised scheme member entitled to a pension under section 33 at the time the deferred pension became payable.

S. 47(6A) inserted by No. 72/1990 s. 5(4).

(6A) Section 39 applies to a person who becomes entitled to a deferred benefit under section 46(1)(a) on or after 1 April 1991 as if—

(a) he or she was a revised scheme member entitled to a pension under section 33 at the time the deferred pension became payable; and

(b) the Board had determined under section 39(8) that 2 elections could be made; and

(7) The deferred pension is payable upon the revised scheme member attaining the age of 60 years.

(8) A revised scheme member may elect to receive a deferred pension at any time after attaining the minimum age for retirement.

(9) If a revised scheme member makes an election under subsection (8) the deferred pension must be multiplied by—

where C60 and CR have the same meanings as in section 33(1).

S. 47(10) inserted by No. 110/1993 s. 76, repealed by No. 82/1996 s. 67, new s. 47(10) inserted by No. 95/2000 s. 6(5).

(10) A revised scheme member who is entitled to a deferred pension under section 44(1)(b), 44(2), 45, 46(1)(a) or 46(1)(b) may elect in writing to the Board to—

S. 47(10)(b) substituted by Nos 40/2004 s. 28(2), 37/2007 s. 30(1).

(b) have the lump sum rolled over or transferred within the superannuation system as nominated by the revised scheme member.

S. 47(10A) inserted by No. 73/2001 s. 5(4).

(10A) A person who is entitled to a deferred pension or a deferred benefit under the Superannuation Act 1958 may elect in writing to the Board to—

S. 47(10A)(b) substituted by Nos 40/2004 s. 28(3), 37/2007 s. 30(2).

(b) have the lump sum rolled over or transferred within the superannuation system as nominated by the person.

S. 47(11) inserted by No. 110/1993 s. 76, repealed by No. 82/1996 s. 67, new s. 47(11) inserted by No. 95/2000 s. 6(5), amended by No. 73/2001 s. 5(5).

(11) The method of calculating the conversion under subsection (10) or (10A) is to be determined by the Minister on the advice of an actuary appointed by the Board.

S. 48 (Heading) inserted by No. 40/2010 s. 83(1).

Payments to children and adult children

48 Payments to children and adult children

S. 48(1) amended by Nos 81/1988 s. 28(k), 120/1994 s. 57(j), 27/2001 s. 5(Sch. 3 item 5.13), 40/2010 s. 83(2).

(1) If a benefit is not payable to a partner of a revised scheme member the pension for each child or adult child of the revised scheme member is to be at the rate applicable under subsection (2) or at the rate of $624 per annum whichever is the greater.

S. 48(2) amended by No. 40/2010 s. 83(3)(a).

(2) The pension payable to each child or adult child of a revised scheme member is—

S. 48(2)(a) amended by No. 40/2010 s. 83(3)(b).

(a) if there is 1 eligible child or eligible adult child, an amount equal to 45 per cent of the revised scheme member's pension; or

S. 48(2)(b) amended by No. 40/2010 s. 83(3)(c).

(b) if there are 2 eligible children or eligible adult children or both an eligible child and an eligible adult child, an amount equal to 40 per cent of the revised scheme member's pension; or

S. 48(2)(c) amended by No. 40/2010 s. 83(3)(d).

(c) if there are 3 or more eligible children and eligible adult children, an amount equal to the revised scheme member's pension divided by the number of eligible children and eligible adult children in respect of whom the pension is for the time being payable.

S. 48(3) amended by No. 120/1994
s. 57(k).

(3) This section does not apply if a pension was payable under section 36 or 37 and has been wholly converted into a lump sum.

Election in respect of leave of absence without pay

49 Election in respect of leave of absence without pay

S. 49(1) amended by Nos 4/1996
s. 111(1)(a), 37/2007 s. 31.

(1) A revised scheme member who is on leave of absence without pay (except leave on the grounds of ill health) for at least 4 weeks may in respect of the period of the leave elect—

(a) to pay no contributions; or

S. 49(1)(b) amended by Nos 4/1996
s. 111(1)(b), 94/2005 s. 42(1).

(b) to pay contributions at half the rate of the contributions which would be payable by the revised scheme member if he or she had not taken leave and had continued to work at the salary payable to him or her on the date on which the leave commences or at such other rate as is first determined by an actuary after the commencement of section 111(1) of the Superannuation Acts (Amendment) Act 1996 and thereafter during an actuarial investigation under section 23 and which is specified in the actuary's report and after the commencement of the Superannuation Legislation (Governance Reform) Act 2005, during an actuarial investigation under section 19 of the Emergency Services Superannuation Act 1986 and which is specified in the actuary's report; or

S. 49(1)(c) amended by No. 49/1992 s. 15(1).

(c) to pay contributions at 4 times the rate of contributions which would be payable by him or her if he or she had not taken the leave and had continued to work at the salary which would have been payable to him or her during the period of the leave.

(2) The election is of no effect unless—

(a) it is made in writing; and

(b) it is made not later than 1 month from the date on which the leave commences; and

S. 49(2)(c) amended by Nos 81/1988 s. 28(l), 49/1992 s. 15(2), 4/1996
s. 111(2)(a).

(c) if subsection (3) applies, 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.

S. 49(2)(d) inserted by No. 49/1992 s. 15(2), repealed by No. 4/1996
s. 111(2)(b).

(3) The Board may, on the application of that person permit the contributions payable in accordance with the election to be paid by him or her during his or her absence in smaller sums and at periods as the Board determines.

(4) The election takes effect on the date on which the leave commences.

(5) A revised scheme member who is absent on leave without pay, otherwise than on the grounds of ill-health, and who does not before the expiration of 1 month from the date on which the leave commences make an election is for the purposes of this Act to be regarded as having made an election under subsection (1)(a).

(6) If a person who makes or is to be regarded as having made an election under subsection (1)(a)—

(a) retires on grounds of disability; or

(b) dies—

more than 1 month after the leave commences but before the end of the leave, benefits are payable under this Act to the person who would but for the taking of the leave have been entitled to benefits on the death or retirement of the revised scheme member and the benefits are calculated as though the revised scheme member had voluntarily resigned from his or her office on the date of his or her death or retirement.

(7) If a revised scheme member makes an election under subsection (1)(b), he or she must until he or she returns to duty have the same entitlements to benefits under this Act as he or she would have had if he or she had paid contributions at the rate which would have been payable by him or her if he or she had not taken the leave and had continued to work at the salary payable to him or her on the date on which the leave commences.

S. 49(8) amended by Nos 81/1988 s. 28(m), 4/1996
s. 110(1), 94/2005 s. 42(2).

(8) If a revised scheme member makes an election under subsection (1) and becomes entitled to a benefit which is directly related to the amount of contributions he or she has made to the State Superannuation Fund and the Fund, any contributions paid by him or her in consequence of an election under paragraph (b) or (c) of subsection (1) are to be disregarded in determining the amount of that benefit, but, subject to subsection (9), in the case of an election under paragraph (c) of subsection (1) six-sevenths of the contributions so paid are payable to him or her as an additional benefit with interest at the rate which is the prescribed rate under section 46(1).

S. 49(9) amended by Nos 81/1988 s. 28(m), 4/1996

(9) If a revised scheme member who has made an election under paragraph (b) or (c) of subsection (1)—

(a) returns to duty upon the expiration of the period for which the leave was granted; and

(b) makes contributions in accordance with this Act for a period of not less than 12 months—

the whole of the amount of the contributions paid by the revised scheme member in consequence of the election are payable to the revised scheme member as an additional benefit with interest at the rate which is the prescribed rate under section 46(1).

Part 7—New scheme members

Division 1—Contributions

50 Contribution rates

S. 50(1) amended by No. 110/1993 s. 77(1).

(1) Except as provided in subsections (2) and (3), a new scheme member must make contributions to the Fund at a rate specified in the following Table at the election of the new scheme member:

TABLE OF CONTRIBUTIONS
Contribution as a percentage of salary
Nil
3⋅0%
5⋅0%
7⋅0%

(2) A new scheme member can only elect to contribute at a rate equal to 7 per cent of his or her salary if—

S. 50(2)(a) repealed by No. 110/1993 s. 77(2).

(b) he or she is a member of a prescribed class of new scheme members; or

S. 50(2)(c) amended by No. 81/1988 s. 29.

(c) contributing at that rate will not make him or her eligible to an accrued retirement benefit greater than that for which he or she would be eligible by contributing at the rate of 5 per cent of his or her salary for the whole of his or her period of—

S. 50(2)(c)(i) inserted by No. 81/1988 s. 29.

(i) recognised service; and

S. 50(2)(c)(ii) inserted by No. 81/1988 s. 29, amended by No. 94/2005 s. 43.

(ii) service as an officer prior to 1 July 1988 during which no contributions were made to the State Superannuation Fund; and

S. 50(2)(c)(iii) inserted by No. 81/1988 s. 29.

(iii) earlier continuous service approved by the Board in respect of which no deferred benefit can become payable under another statutory superannuation scheme.

S. 50(2A) inserted by No. 110/1993 s. 77(3).

(2A) A new scheme member contributing at a rate equal to 7 per cent of his or her salary under subsection (2) as in force before the commencement of section 77 of the Public Sector Superannuation (Administration) Act 1993 who does not meet the requirements of that subsection as in force after that commencement is to be deemed to have elected to contribute at a rate of 5 per cent of his or her salary with effect from the last pay day in February 1994.

S. 50(3) substituted by No. 110/1993 s. 77(4).

(3) A new scheme member contributing at a rate equal to 8 per cent of his or her salary under this section as in force before the commencement of section 77 of the Public Sector Superannuation (Administration) Act 1993 is to be deemed to have elected to contribute at a rate of 7 per cent of his or her salary with effect from the last pay day in February 1994.

(4) For the purposes of subsections (2) and (3), recognised service includes unpaid parental leave up to 12 months for each confinement if the new scheme member has returned for at least 12 months of paid employment after the period of unpaid parental leave.

S. 50(4A) inserted by No. 40/2004 s. 33.

(4A) An eligible salary sacrifice contributor may by notice in writing to the employing authority 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 elected 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. 50(4B) inserted by No. 40/2004 s. 33.

(4B) An election under subsection (4A)—

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

S. 50(4C) inserted by No. 40/2004 s. 33.

(4C) Member contributions made in accordance with the rate determined under subsection (4A) are for the purposes of this Act (other than sections 71C to 71E) to be taken to be—

(a) the member contributions elected 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 (4A).

Note to s. 50(4C)(b) inserted by No. 37/2007 s. 32.

S. 50(4D) inserted by No. 40/2004 s. 33.

(4D) An election under subsection (4A) does not affect the amount that would otherwise constitute the salary of the new scheme member for the purposes of this Act.

S. 50(5) substituted by No. 32/2025 s. 14(1).

(5) A new scheme member may elect to change the member's rate of contribution in accordance with the policy determined by the Board, which must allow a new scheme member or class of new scheme members to change the rate of contribution at least once each calendar year.

S. 50(6) amended by No. 32/2025 s. 14(2).

(6) The changed contribution is payable as from and inclusive of the pay day on or next following the day specified in the policy determined by the Board.

(7) An election continues in force until another election is made in accordance with this section.

(8) Until a new scheme member makes an election he or she is to be treated as having elected not to contribute.

S. 50(9) amended by No. 40/2010 s. 84(1).

(9) If a new scheme member becomes entitled to the maximum accrued retirement benefit or attains the age of 75 years no further contributions are to be made.

S. 50(10) inserted by No. 49/1992 s. 16, repealed by No. 4/1996
s. 108(2),
new s. 50(10) inserted by No. 40/2010 s. 84(2).

(10) Despite subsection (9), a new scheme 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. 51
repealed by No. 64/1995
s. 38(2).

Division 2—Benefits

Benefit on retirement of new scheme member

52 Benefit on retirement of new scheme member

(1) A new scheme member is entitled to a lump sum equal to his or her accrued retirement benefit on retirement on or after the minimum age for retirement.

(2) The accrued retirement benefit of a new scheme member is the sum of—

S. 52(2)(a) amended by Nos 110/1993 s. 71(1), 94/2005 s. 44.

(a) 10 per cent of the final average salary of the new scheme member for each year of recognised service in which he or she has not contributed to the State Superannuation Fund and the Fund; and

S. 52(2)(b) amended by Nos 110/1993 s. 71(1), 94/2005 s. 44.

(b) 16 per cent of the final average salary of the new scheme member for each year of recognised service in which he or she contributed 3 per cent of salary to the State Superannuation Fund and the Fund; and

S. 52(2)(c) amended by Nos 110/1993 s. 71(1), 94/2005 s. 44.

(c) 20 per cent of the final average salary of the new scheme member for each year of recognised service in which he or she contributed 5 per cent of salary to the State Superannuation Fund and the Fund; and

S. 52(2)(d) amended by Nos 110/1993 s. 71(1), 94/2005 s. 44.

(d) except as provided for in paragraph (e), 24 per cent of the final average salary of the new scheme member for each year of recognised service in which he or she contributed 7 per cent of salary to the State Superannuation Fund and the Fund; and

S. 52(2)(e) amended by Nos 110/1993 s. 71(1), 94/2005 s. 44.

(e) 28 per cent of the final average salary of the new scheme member for each year of recognised service in which he or she was a prescribed fire-fighter and contributed 7 per cent of salary to the State Superannuation Fund and the Fund; and

S. 52(2)(f) amended by Nos 20/1989 s. 43(3), 110/1993 s. 71(1), 94/2005 s. 44.

(f) 32 per cent of the final average salary of the new scheme member for each year of recognised service in which he or she was a prescribed fire-fighter and contributed 8 per cent of salary to the State Superannuation Fund and the Fund; and

S. 52(2)(g) inserted by No. 20/1989 s. 43(3), amended by No. 110/1993 s. 71(1).

(g) 15 per cent of the final average salary of the new scheme member who elected to transfer under section 43 of the State Casual Employees Superannuation Act 1989 for each year of his or her contributory service under that Act.

S. 52(2A) inserted by No. 110/1993 s. 82(3), substituted by No. 58/1994
s. 7.

(2A) In the case of a revised scheme member who elects to transfer to the new scheme under section 61B, his or her accrued retirement benefit for the total period of membership as a revised scheme member and as a new scheme member is the sum of—

(a) the transfer multiple of final average salary calculated in accordance with section 61D; and

(b) the accrued retirement benefit calculated in accordance with subsection (2).

S. 52(2B) inserted by No. 58/1994
s. 7.

(2B) For the purpose only of subsection (2A)(b), recognised service is recognised service for the period after the date of transfer to the new scheme.

S. 52(2C) inserted by No. 64/1995
s. 39.

(2C) In the case of a member of the Melbourne Water Corporation Employees' Superannuation Fund who is transferred to the new scheme, his or her accrued retirement benefit for the total period of membership as a member of that Fund and as a new member is the sum of—

(a) the accrued retirement benefit (however designated) to the date of transfer calculated in accordance with section 95; and

(b) the accrued retirement benefit calculated in accordance with subsection (2).

S. 52(3) amended by No. 110/1993 s. 71(1).

(3) The accrued retirement benefit of a new scheme member must not exceed a maximum of 8⋅4 times the final average salary of the new scheme member.

S. 52(4) inserted by No. 70/2003 s. 23.

(4) 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 7A or otherwise, the maximum accrued retirement 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.

Benefit on death of new scheme member before retirement

53 Benefit on death of new scheme member before retirement

S. 53(1) amended by No. 81/1988
s. 30(a), repealed by No. 120/1994
s. 57(l).

S. 53(2) amended by No. 27/2001 s. 5(Sch. 3 item 5.13).

(2) A new scheme member may register the names of persons which he or she considers to be his or her dependants (other than a partner or child) with the Board for the purposes of this section.

S. 53(2A) inserted by No. 40/2010 s. 85(1).

(2A) Without limiting subsection (2), a new scheme member may register 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

S. 53(2B) inserted by No. 40/2010 s. 85(1).

(2B) A person who has not been registered under this section may lodge a claim in a form approved by the Board—

(a) as a dependant of a deceased new scheme member; or

(b) to be considered an adult child—

(i) on the death of a new scheme member; or

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

S. 53(3) amended by Nos 110/1993 s. 71(2), 120/1994 ss 60(1), 65(b), 61/2013 s. 21(1).

(3) Unless subsection (8A) applies, on the death of a new scheme member (other than a prescribed fire-fighter) who has not attained the age of 60 years before retirement the Board must apportion between those of his or her dependants that the Board considers appropriate a lump sum equal to the accrued retirement benefit which would have been payable if the new scheme member had retired at 60 years of age and was contributing at 3 per cent of final average salary from the date of death until the date of retirement as if his or her final average salary at death had been his or her final average salary at the date of retirement.

S. 53(4) amended by No. 110/1993
ss 71(2), 78(1)(a)(b), substituted by No. 120/1994
s. 60(2), amended by No. 61/2013 s. 21(2).

(4) Unless subsection (8A) applies, subject to section 52(3), on the death of a prescribed fire-fighter who has not attained the age of 55 years before retirement, the Board must apportion between those of his or her dependants that the Board considers appropriate a lump sum equal to his or her accrued retirement benefit calculated as the total of the sums under section 52(2) and an amount calculated at the rate of 24 per cent of final average salary of the prescribed fire-fighter for each year from the date of death until the age of 55 years as if his or her final average salary at death had been his or her final average salary at the age of 55 years.

S. 53(4A) inserted by No. 110/1993
s. 78(2), substituted by No. 120/1994
s. 60(2), amended by No. 61/2013 s. 21(3).

(4A) Unless subsection (8A) applies, on the death of a prescribed fire-fighter who has attained the age of 55 years before retirement, the Board must apportion between those of his or her dependants that the Board considers appropriate a lump sum equal to his or her accrued retirement benefit.

S. 53(4B) inserted by No. 120/1994
s. 60(2).

(4B) A benefit calculated under subsection (4) and (4A) must not be less than the benefit that would have been payable if the prescribed fire-fighter had died on 31 December 1993 under this section as in force at that date.

S. 53(5) amended by Nos 120/1994
s. 60(1), 61/2013 s. 21(4).

(5) Unless subsection (8A) applies, on the death of a new scheme member (other than a prescribed fire‑fighter) who has attained the age of 60 years before retirement the Board must apportion between those of his or her dependants that the Board considers appropriate a lump sum equal to his or her accrued retirement benefit.

S. 53(5A) inserted by No. 37/2007 s. 33(1), amended by No. 61/2013 s. 21(5).

(5A) Unless subsection (8A) applies, if subsection (3), (4), (4A) or (5) applies and there are any dependants, the Board may in its discretion pay the whole or part of the benefit to the personal representative of the new scheme member.

S. 53(6) amended by Nos 81/1988 s. 30(b), 27/2001 s. 5(Sch. 3 item 5.13), 40/2010 s. 85(2)(a), 61/2013 s. 21(6).

(6) Unless subsection (8A) applies, on the death of a new scheme member before retirement the Board must pay to each child or adult child of the partner or the deceased new scheme member—

S. 53(6)(a) amended by Nos 110/1993 s. 71(1), 40/2010 s. 85(2)(b).

(a) for each eligible child or eligible adult child not exceeding 4, a pension equal to 5 per cent of the new scheme member's final average salary; or

S. 53(6)(b) amended by Nos 110/1993 s. 71(1), 40/2010 s. 85(2)(c).

(b) if there are more than 4 eligible children and eligible adult children, for each eligible child or eligible adult child an equal share of 20 per cent of the new scheme member's final average salary.

S. 53(7) amended by Nos 4/1996
s. 110(2), 94/2005 s. 45, 61/2013 s. 21(7).

(7) Unless subsection (8A) applies, if on the death of a new scheme member before retirement there are no dependants, the Board must pay to his or her personal representative the actual amount contributed by him or her to the State Superannuation Fund and the Fund and interest at the rate which is the prescribed rate under section 58(1).

S. 53(8) amended by No. 61/2013 s. 21(8).

(8) Subject to subsection (8A), the Board may assume that there are no dependants for the purposes of subsection (7) if—

(a) no dependants have been registered under subsection (2); and

(b) the Board has not received any claims by dependants within 12 months of the death of the new scheme member.

S. 53(8A) inserted by No. 61/2013 s. 21(9).

(8A) Subject to any specified standards, if the new scheme member has given the Board a notice in the form approved by the Board, the Board must pay the death benefit in respect of the new scheme member that is payable under this section in accordance with the notice.

S. 53(9) inserted by No. 37/2007 s. 33(2).

(9) For the purposes of this section, personal representative has the same meaning as it has in section 5(1) of the Administration and Probate Act 1958.

S. 53A inserted by No. 40/2010 s. 86.

53A

Board to consider nominations of dependants

53A Board to consider nominations of dependants

(1) Before apportioning benefits under section 53, the Board must consider whether any registered person or claimant under that section was a dependant of the deceased new scheme member.

(2) The Board must provide a reasonable opportunity for any registered person or claimant to make written submissions in a form approved by the Board as to the degree of his or her dependency.

(3) In making a determination under this section the Board must consider—

(a) the degree of financial dependency of that person on the new scheme member at the date of death; and

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

(4) Nothing in this section limits the Board's discretion to determine what proportions (if any) of the deceased new scheme member's benefits each dependant is to receive.

S. 53B inserted by No. 40/2010 s. 86.

53B

Board to consider nominations of adult children

53B Board to consider nominations of adult children

(1) In determining whether a registered person or claimant under section 53 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.

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

Benefit on retirement through disability

54 Benefit on retirement through disability

S. 54(1) amended by No. 110/1993 ss 71(3), 78(3)(a).

(1) Subject to subsection (1A), if a new scheme member retires on the ground of disability before he or she attains 60 years of age he or she is entitled to a pension for life at the rate of one‑twelfth of the accrued retirement benefit which would have been payable if the new scheme member had retired at 60 years of age and was contributing from the date of retirement until the date on which he or she would attain 60 years of age at the higher of—

(a) 5 per cent of salary; or

(b) the highest rate at which the new scheme member has contributed for more than half of the 3 years immediately preceding retirement;

S. 54(1)(c) repealed by No. 110/1993 s. 78(3)(b).

as if his or her final average salary at the date of retirement had been his or her final average salary at the date on which he or she would attain 60 years of age.

S. 54(1A) inserted by No. 110/1993 s. 78(4).

(1A) In the case of a prescribed fire-fighter, for the purposes of this section, the contribution rate is to be the highest rate at which the prescribed firefighter would then have been entitled to contribute and subsection (1) applies as if for "60" there were substituted "55".

S. 54(1B) inserted by No. 110/1993 s. 78(4), amended by No. 120/1994
s. 61.

(1B) Despite subsection (1A), no benefit calculated under this section shall be less than the benefit that would have been payable had the new scheme member retired due to disability before he or she attained 60 years of age immediately before section 78(4) of the Public Sector Superannuation (Administration) Act 1993 came into operation.

S. 54(2) amended by No. 81/1988 s. 30(c).

(2) If a new scheme member continues to receive a pension under subsection (1) until he or she attains 65 years of age, he or she may elect to receive a lump sum equal to his or her accrued retirement benefit calculated at the date of retirement instead of continuing to receive a pension under subsection (1).

(3) Despite subsections (1) and (2), the Board may at its discretion determine that instead of the pension at the rate under subsection (1) the new scheme member is to receive—

S. 54(3)(a) amended by No. 49/1992 s. 17(1).

(a) a lump sum equal to a part or all of the accrued retirement benefit; and

(b) a pension at the rate of one-twelfth of the balance of the accrued retirement benefit—

in the proportions determined by the Board.

S. 54(3A) inserted by No. 49/1992 s. 17(2).

(3A) If the new scheme member receives a lump sum equal to all of the accrued retirement benefit, the new scheme member ceases to have any entitlement to a pension.

S. 54(4) amended by No. 81/1988 s. 30(d).

(4) If the new scheme member dies before attaining the age of 65 years the Board must pay to the dependants or other persons that it determines a lump sum equal to—

D means the accrued retirement benefit that would have been payable if he or she had died on the date of retirement increased in the proportion that the pension payable under this section was increased under section 91 between the date of retirement and the date of death;

X means the number of instalments of pension already paid.

S. 54(5) inserted by No. 61/2013 s. 22.

(5) A new scheme member who ceases employment after the commencement of section 22 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 a pension in accordance with this section.

S. 54(6) inserted by No. 61/2013 s. 22.

(6) For the purposes of subsection (5), a reference in this section to the retirement of the new scheme member is to be construed as a reference to the new scheme member ceasing employment.

S. 55
repealed by No. 120/1994
s. 62(1).

Benefit on retirement due to ill-health

56 Benefit on retirement due to ill-health

If the Board considers that a new scheme member has retired on the ground of ill-health not constituting disablement, the new scheme member is entitled to a lump sum equal to the accrued retirement benefit at the time of his or her retirement.

S. 57 amended by No. 81/1988 s. 30(e)(i).

Benefit on retrenchment

57 Benefit on retrenchment

(1) A new scheme member who is retrenched is entitled to a lump sum equal to the accrued retirement benefit at the time of his or her retrenchment.

S. 57(2) inserted by No. 81/1988 s. 30(e)(ii).

(2) If a new scheme member—

(a) has not attained the minimum age for retirement; and

(b) has been or is appointed for a term of years to a statutory office; and

(d) ceases to be an officer—

he or she is entitled to the same benefits as he or she would be entitled under subsection (1).

Benefit on resignation

58 Benefit on resignation

S. 58(1) amended by No. 110/1993 s. 71(1).

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

(a) a cash benefit equal to the amount of the contributions paid by him or her and interest at the prescribed rate; and

S. 58(1)(b) amended by Nos 72/1990 s. 6(b), 110/1993 s. 79(2).

(b) a deferred benefit calculated in accordance with the formula—

A means the accrued retirement benefit at the time of his or her resignation expressed as a multiple of final average salary;

B means the cash benefit under paragraph (a) expressed as a multiple of final average salary;

S means years of recognised service (including as a revised scheme member) and includes up to 12 months unpaid parental leave for each confinement if the new scheme member has returned for at least 12 months of paid employment after the period of unpaid parental leave;

X has the same meaning as in section 46;

S. 58(1)(c) inserted by No. 72/1990 s. 6(a), repealed by No. 110/1993 s. 79(2).

S. 58(2) amended by No. 110/1993 s. 71(1).

(2) Despite subsection (1), a new scheme member who is entitled to a deferred benefit of less than 10 per cent of final average salary may elect to receive an equivalent cash benefit.

S. 58(2A) inserted by No. 110/1993 s. 79(3).

(2A) If a new scheme member who has been a revised scheme member resigns, section 61(2A) applies to his or her deferred pension under the revised scheme.

S. 58(3) inserted by No. 81/1988 s. 30(f).

(3) A deferred benefit is payable at the earlier of—

(a) a request of the former new scheme member at or after the minimum age for retirement; or

(b) the disability of the former new scheme member; or

S. 58(3)(c) amended by No. 110/1993 s. 78(5).

(c) the death of the former new scheme member in which case the deferred benefit is payable in accordance with section 53; or

(d) the attainment of the former new scheme member of the age of 65 years.

S. 58(4) inserted by No. 110/1993 s. 78(6), repealed by No. 82/1996 s. 67, new s. 58(4) inserted by No. 95/2000 s. 6(6).

(4) A new scheme member who is entitled under subsection (1) to a deferred benefit on resignation may elect in writing to the Board to—

S. 58(4)(b) substituted by Nos 40/2004 s. 28(4), 37/2007 s. 34.

(b) have the lump sum rolled over or transferred within the superannuation system as nominated by the new scheme member.

S. 58(5) inserted by No. 110/1993 s. 78(6), repealed by No. 82/1996 s. 67, new s. 58(5) inserted by No. 95/2000 s. 6(6).

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

Intermittent service

59 Intermittent service

S. 59(1) substituted by No. 81/1988 s. 30(g)(i), amended by Nos 4/1996
s. 112(1), 94/2005 s. 46(1), 37/2007 s. 35.

(1) If a new scheme member takes a period of unpaid leave of absence of 4 weeks or more he or she may elect to make contributions in respect of that leave at a rate of 1⋅5 per cent (or such other percentage as is first determined by an actuary after the commencement of section 112(1) of the Superannuation Acts (Amendment) Act 1996 and thereafter during an actuarial investigation under section 23 and which is specified in the actuary's report and after the commencement of the Superannuation Legislation (Governance Reform) Act 2005, during an actuarial investigation under section 19 of the Emergency Services Superannuation Act 1986 and which is specified in the actuary's report) of salary immediately before the commencement of the leave for the period of the leave.

S. 59(1A) inserted by No. 81/1988 s. 30(g)(i).

(1A) The election is of no effect unless—

(a) it is made in writing; and

(b) it is made not later than 1 month from the date on which the leave commences; and

S. 59(1A)(c) amended by Nos 49/1992 s. 18, 4/1996
s. 112(2)(a).

(c) unless subsection (1B) applies, 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.

S. 59(1A)(d) inserted by No. 49/1992 s. 18, repealed by No. 4/1996
s. 112(2)(b).

S. 59(1B) inserted by No. 81/1988 s. 30(g)(i).

(1B) The Board may, on the application of that person permit the contributions payable in accordance with the election to be paid by him or her during his or her absence in smaller sums and at periods as the Board determines.

S. 59(1C) inserted by No. 81/1988 s. 30(g)(i).

(1C) The election takes effect on the date on which the leave commences.

S. 59(1D) inserted by No. 81/1988 s. 30(g)(i).

(1D) A new scheme member who is absent on leave without pay, otherwise than on the grounds of ill‑health, and who does not before the expiration of 1 month from the date on which the leave commences make an election is for the purposes of this Act to be regarded as having made an election not to make any contributions.

(2) If a contribution is made under subsection (1)—

(a) the period of unpaid leave is to be treated as service for the purposes of section 58(1); and

(b) the new scheme member is entitled to death and disability benefits in the event of death or disability before his or her return from leave as if he or she had returned from leave on the day that the death or disability occurs.

S. 59(3) amended by No. 81/1988 s. 30(g)(ii).

(3) A contribution is not required if the period of unpaid leave is not more than 4 weeks.

(4) If a contribution is not made only the service before and the service after the period of unpaid leave is to be counted in relation to any benefit entitlement upon return from leave.

S. 59(5) amended by Nos 110/1993 s. 71(1), 94/2005 s. 46(2).

(5) If a new scheme member resigns and subsequently resumes service and contributes to the State Superannuation Fund and the Fund for 3 years his or her previous accrued retirement benefit less the multiple of final average salary paid as a cash resignation benefit is to be included in his or her subsequent benefit entitlement.

Pt 7A (Heading and ss 59AA–59AG) inserted by No. 70/2003 s. 24.

Part 7A

Family Law provisions

Part 7A—Family Law provisions

S. 59AA inserted by No. 70/2003 s. 24.

59AA 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

(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. 28(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. 29(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. 29(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. 59AB inserted by No. 70/2003 s. 24.

59AB 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. 59AC inserted by No. 70/2003 s. 24.

59AC Obligation on Board

S. 59AC(1) amended by No. 38/2009 s. 30(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 24 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. 59AC(2A) inserted by No. 38/2009 s. 30(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 30 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. 59AD inserted by No. 70/2003 s. 24.

59AD Reduction of benefit or accrued benefit entitlement

Despite anything to the contrary in this Act, if under section 59AC 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. 59AE inserted by No. 70/2003 s. 24.

59AE 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. 59AF inserted by No. 70/2003 s. 24.

59AF 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. 59AG inserted by No. 70/2003 s. 24.

59AG Charging of fees

(1) The Board may charge reasonable fees in respect of—

(a) a payment split;

(b) a payment flag;

(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 59AE.

(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

Part 8

General provisions

Part 8—General provisions

S. 59A inserted by No. 13/1999 s. 12.

59A

Payment of benefits subject to specified standards

59A 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.

Payment of contributions

60 Payment of contributions

(1) The contributions of an officer are (except as otherwise provided in this Act) payable on and from the first pay day after the commencement of his or her employment as an officer or where he or she is appointed as or becomes an officer on a pay day, on and from that pay day.

(2) The contributions of contributors are to—

(a) be deducted from their salaries at each payment of salaries; and

(b) be paid to the Board, without deduction for postage, forwarding or exchange.

(3) Contributions of contributors who are on the staff of any technical school are to be deducted and paid as prescribed.

(4) If a contributor is on leave of absence through illness, either without pay or at less than full pay, the Board may, upon his or her application, permit the contributions falling due during his or her absence to be paid by him or her in smaller sums, and at periods, as the Board approves.

(5) Any amounts other than contributions payable to the Board by a contributor are to—

(a) be deducted from his or her salary at each payment of salary; and

(b) be paid to the Board, without deduction for postage, forwarding or exchange.

(6) A contributor who is on leave of absence, with or without pay (other than a contributor to whom subsection (4) applies) who fails to pay his or her contributions on the due date is not if any contribution remains outstanding for a period of more than 3 months, entitled to any benefit under this or any other Act until—

(a) his or her contributions are fully paid; or

(b) he or she resumes duty.

(7) If, on the date on which the Superannuation (Amendment) Act 1984 came into operation, a contributor was on leave of absence without pay (except leave on the grounds of ill-health) and the Board permitted him or her to pay all his or her contributions due but unpaid at that date in respect of the leave up to that date in smaller sums and at periods as the Board determined, section 49 applies to the contributor in respect of leave of absence without pay after that date as if he or she had commenced the leave on that date (or where he or she has before that date paid contributions in respect of the leave up to a later date, as if he or she had commenced the leave on that later date).

S. 60A inserted by No. 78/2004 s. 15.

60A

Eligible member account

60A Eligible member account

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

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

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

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

(3) The Board must debit to a contributor'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 contributor, the Board must ensure that the person receives an additional benefit equal to the net balance of the contributor's eligible member account as at the date of the payment of the benefits.

(6) The net balance of the contributor'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. 60A(6A) inserted by No. 38/2009 s. 31.

(6A) A contributor may elect in writing to roll over, transfer or allot the net balance of the contributor'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 employing authority to make contributions to the Fund;

(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.

Transfer from revised scheme to new scheme

61 Transfer from revised scheme to new scheme

(1) A revised scheme member may during the period commencing on 1 July 1988 and ending on the prescribed date elect to transfer from the revised scheme into the new scheme.

S. 61(2) amended by No. 81/1988 s. 31(1).

(2) A revised scheme member who elects to transfer under subsection (1) is entitled up to the date of transfer to a deferred pension payable in accordance with sections 46 and 47 and calculated in accordance with the following formula—

N, YA and YP have the same meanings as in section 33(1);

C means the contribution factor in accordance with section 46;

F means—

(a) for a prescribed fire-fighter, a factor in accordance with the following Table:

Age last birthday before transfer Factor
45 or less 1.05
46 1.04
47 1.03
48 1.02
49 1.01
50 or over 1.00

; or

(b) for any other revised scheme member, a factor of 1.00.

S. 61(2A) inserted by No. 72/1990 s. 7(1), substituted by No. 110/1993 s. 79(1).

(2A) If a person who is entitled to a deferred pension under subsection (2) resigns he or she may elect to receive—

S. 61(2A)(a) amended by No. 4/1996
s. 110(3).

(a) a cash benefit equal to a refund of the contributions paid by him or her during the period he or she was a revised scheme member and interest at the rate which is the prescribed rate under section 46(1); and

(b) a deferred pension reduced in accordance with the following formula—

DF means the deferred pension calculated under subsection (2);

S, X have the same meanings as in section 58.

S. 61(2B) inserted by No. 110/1993 s. 79(1).

(2B) Section 47 applies to a deferred pension under subsection (2) or a reduced deferred pension under subsection (2A) as if the reference to deferred pensions in that section included a reference to a deferred pension under subsection (2) or a reduced deferred pension under subsection (2A).

S. 61(3) inserted by No. 81/1988 s. 31(2).

(3) If a prescribed fire-fighter makes an election under subsection (1) he or she may further elect not later than 31 December 1989 to have his or her deferred pension calculated as at 1 January 1988 and to be treated as having become a new scheme member on 1 January 1988 if he or she pays any arrears of contributions based on his or her salary as at 1 May 1988 at the time of the further election.

S. 61(4) inserted by No. 81/1988 s. 31(2).

(4) For the purposes of determining the maximum benefit under section 52(3)—

(a) the amount of any deferred pension under subsection (2) is to be taken into account; and

(b) the deferred pension must be notionally converted into a lump sum as determined in accordance with Schedule 1.

S. 61(5) inserted by No. 49/1992 s. 19, substituted by No. 110/1993 s. 80.

(5) A revised scheme member who elects whether before or after the commencement of section 19 of the Superannuation (Occupational Superannuation Standards) Act 1992 to transfer to the Transport Superannuation Fund under section 4 of the Transport Superannuation Act 1988 is entitled—

(a) to a deferred pension up to the date of transfer calculated in accordance with subsection (2); or

(b) if he or she subsequently resigns, to elect to receive a cash benefit and reduced deferred benefit calculated in accordance with subsection (2A).

S. 61(6) inserted by No. 49/1992 s. 19, substituted by No. 110/1993 s. 80.

(6) A deferred pension under subsection (5)(a) or a reduced deferred pension under subsection (5)(b) is payable at the earlier of—

(a) a request of the former revised scheme member at or after the minimum age for retirement; or

(b) the disability of the revised scheme member; or

S. 61(6)(c) amended by Nos 120/1994
s. 57(m), 27/2001 s. 5(Sch. 3 item 5.13), 40/2010 s. 87.

(c) the death of the revised scheme member, to his or her partner, child, adult child or personal representative as the Board determines; or

(d) the attainment of the former revised scheme member of the age of 65 years.

S. 61(7) inserted by No. 49/1992 s. 19, substituted by No. 110/1993 s. 80, repealed by No. 82/1996 s. 67, new s. 61(7) inserted by No. 95/2000 s. 6(7).

(7) Subsection (8) applies to a person who—

(a) is entitled to a deferred pension under section 61(2) or a reduced deferred pension under section 61(2A) and is not eligible to make contributions under section 50; or

(b) is entitled to a deferred pension under section 61(5) or a reduced deferred pension under section 61(5)(b) and is not eligible to make contributions under section 28 of the Transport Superannuation Act 1988.

S. 61(8) inserted by No. 110/1993 s. 80, repealed by No. 82/1996 s. 67, new s. 61(8) inserted by No. 95/2000 s. 6(7).

(8) A former revised scheme member referred to in subsection (7) may elect in writing to the Board to—

S. 61(8)(b) substituted by Nos 40/2004 s. 28(6), 37/2007 s. 36.

(b) have the lump sum rolled over or transferred within the superannuation system as nominated by the former revised scheme member.

S. 61(8A) inserted by No. 95/2000 s. 6(7).

(8A) The method of calculating the conversion under subsection (8) is to be determined by the Minister on the advice of an actuary appointed by the Board.

S. 61(9) inserted by No. 110/1993 s. 80.

(9) A revised scheme member who elects whether before or after the commencement of section 19 of the Superannuation (Occupational Superannuation Standards) Act 1992 to transfer under this section into the new scheme and is subsequently retrenched is entitled to receive a benefit calculated and payable under section 44 as if he or she had been retrenched on the date of transfer.

S. 61(10) inserted by No. 110/1993 s. 80.

(10) A revised scheme member who elects whether before or after the commencement of section 19 of the Superannuation (Occupational Superannuation Standards) Act 1992 to transfer to the Transport Superannuation Fund under section 4 of the Transport Superannuation Act 1988 and is subsequently retrenched is entitled to receive a benefit calculated and payable under section 44 as if he or she has been retrenched on the date of transfer.

S. 61A inserted by No. 87/1992
s. 16.

61A

Exempt officers

61A Exempt officers

S. 61A(1) amended by No. 110/1993
s. 81(1).

(1) A revised scheme member who becomes an exempt officer is entitled up to the date of becoming an exempt officer to a deferred pension calculated in accordance with the formula—

N, YA and YP have the same meanings as in section 33(1);

C means the contribution factor in accordance with section 46;

F has the same meaning as in section 61(2).

(2) A new scheme member who becomes an exempt officer is entitled up to the date of becoming an exempt officer to a deferred lump sum equal to his or her accrued retirement benefit.

(3) A pension or benefit under this section—

(a) must be indexed in accordance with section 91; and

S. 61A(3)(b) substituted by No. 110/1993 s. 81(2), amended by No. 4/1996
s. 108(3).

(b) is payable to the member or any dependant or legal personal representative as determined by the Board in accordance with the specified standards.

S. 61A(4) inserted by No. 110/1993 s. 81(3), repealed by No. 120/1994
s. 57(n), new s. 61A(4) inserted by No. 95/2000 s. 6(8).

(4) A revised scheme member who is entitled to a deferred pension under subsection (1) may elect in writing to the Board to—

S. 61A(4)(b) substituted by Nos 40/2004 s. 28(7), 37/2007 s. 37(1).

(b) have the lump sum rolled over or transferred within the superannuation system as nominated by the revised scheme member.

S. 61A(5) inserted by No. 95/2000 s. 6(8).

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

S. 61A(5)(b) substituted by Nos 40/2004 s. 28(8), 37/2007 s. 37(2).

(b) have the lump sum rolled over or transferred within the superannuation system as nominated by the new scheme member.

S. 61A(6) inserted by No. 95/2000 s. 6(8).

(6) The method of calculating the conversion under subsection (4) or (5) is to be determined by the Minister on the advice of an actuary appointed by the Board.

Ss 61B, 61C inserted by No. 110/1993 s. 82(1), repealed by No. 40/2004 s. 34.

S. 61D inserted by No. 110/1993 s. 82(1).

61D

Entitlements of section 61B transferee

61D Entitlements of section 61B transferee

(1) A revised scheme member who elects to transfer to the new scheme under section 61B is entitled to have his or her entitlement to a benefit from the revised scheme up to the date of transfer converted into a lump sum benefit entitlement from the new scheme equal to a transfer multiple of final average salary calculated in accordance with the formula—

"TM" means the transfer multiple of final average salary for the purposes of section 52(2A);

S. 61D(1)
def. of
"YA" amended by No. 58/1994
s. 8(a).

"YA" is the revised scheme member's period of recognised service in completed years and fraction thereof up to and including the date of transfer or 42 years whichever is the lesser;

"YP" is the period of recognised service in completed years and fraction thereof which the officer would have if the officer had continued to serve as an officer until attaining the age of 60 years and had then retired or 42 years whichever is the lesser;

"BM" is—

(a) the product of YP multiplied by 0⋅28; or

(b) 8⋅4—

whichever is the lesser;

"D" is the factor relating to the revised scheme member's age (rounded down to the next lowest 6 months) at 1 January 1994 in accordance with the following table:

Age Factor
less than or equal to 40 years 0.80
40 years 6 months 0.81
41 years 0.82
41 years 6 months 0.83
42 years 0.84
42 years 6 months 0.85
43 years 0.84
43 years 6 months 0.83
44 years 0.82
44 years 6 months 0.81
45 years or greater 0.80

(2) A revised scheme member to whom subsection (1) applies ceases to have any other entitlement to a benefit from the revised scheme.

(3) Despite subsection (1), the Board on the advice of an actuary may reduce the value of "TM" in respect of a member if—

(a) the member was not contributing for all of his or her optional units under the Superannuation Act 1958; or

S. 61D(3)(b) amended by No. 58/1994
s. 8(b).

(b) the Board recognises any service or further service for the member in respect of the period before the date of transfer but which is not taken into account under paragraph (a).

S. 62 substituted by No. 81/1988 s. 32(a), repealed by No. 40/2010 s. 88.

S. 63 substituted by No. 81/1988 s. 32(b), repealed by No. 40/2010 s. 88.

S. 64 amended by No. 81/1988 s. 32(c)(d), substituted by No. 49/1992 s. 20,
repealed by No. 40/2010 s. 88.

S. 65 amended by No. 49/1992 s. 21(a)–(c), repealed by No. 40/2010 s. 88.

S. 66 amended by Nos 4/1996
s. 112(3), 37/2007 s. 38.

Officers on secondment or leave of absence

66 Officers on secondment or leave of absence

A contributor who is on secondment or is on leave of absence on the grounds of ill-health without pay must pay his or her contributions during or in respect of the period of leave as for a period of service without reduction for the period of the leave.

If pensioner re-employed by Crown, pension may be reduced

67 If pensioner re-employed by Crown, pension may be reduced

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

S. 67(1) def. of employed in the service of the Crown amended by Nos 49/1992 s. 22(a)(b), 120/1994
s. 65(a), 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 189.4), 24/2006 s. 6.1.2(Sch. 7 item 38.3).

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

(a) by the Crown whether employed under 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; 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 permanent, temporary, casual, full‑time, part-time or other type of employment.

S. 67(2) amended by Nos 81/1988 s. 33(a), 4/1996
s. 113(1)(a)(b).

(2) Despite any other provision of this Act the pension payable to any pensioner who continues to be an officer and who is employed in the service of the Crown is to be reduced by the amount by which the remuneration he or she or any other person, a corporation or a trust receives from his or her employment in the service of the Crown together with the pension payable to the pensioner under this Act (other than a disability pension) exceeds the current equivalent of his or her salary on retirement.

(3) This section does not apply to the payment of a pension to a pensioner—

S. 67(3)(a) amended by Nos 81/1988 s. 33(b), 120/1994 s. 57(o).

(a) who is in receipt of a pension under section 36 or 37; or

(b) who being a pensioner became employed in the service of the Crown prior to the commencement of section 6 of the Superannuation (Amendment) Act 1969.

S. 67A inserted by No. 4/1996
s. 114.

67A

Entitlement to pension

67A Entitlement to pension

S. 67A(1) amended by No. 94/2005 s. 47(1).

(1) The entitlement of a former officer 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 officer'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 officer or of any of his or her dependants.

S. 67A(4) amended by No. 94/2005 s. 47(2).

(4) The entitlement of a former officer 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.

S. 67B inserted by No. 84/1998
s. 47.

67B

Commutation of pension not exceeding declared rate

67B 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. 68 amended by No. 81/1988 s. 33(c), repealed by No. 64/1989 s. 36(4)(a),
new s. 68 inserted by No. 110/1993 s. 83.

Pension entitlements—Masters of the Supreme Court

68 Pension entitlements—Masters of the Supreme Court

Master means a Master of the Supreme Court of Victoria;

S. 68(1) def. of pension entitlements amended by No. 27/2001 s. 5(Sch. 3 item 5.13).

pension entitlements means the entitlement of a Master or his or her partner and children to a pension.

(2) A Master who was an officer within the meaning of this Act on 31 December 1990 ceased to be such an officer on 1 January 1991.

(3) The pension entitlements of a Master who was a contributor on 31 December 1990 are to be determined exclusively in accordance with section 104A of the Supreme Court Act 1986.

(4) A pension which first became payable to or in respect of a Master before 1 January 1991 continues to be payable in accordance with this Act.

(5) The Minister must offset the total of amounts paid to the Masters in satisfaction of their entitlement under this Act before the commencement of section 104A of the Supreme Court Act 1986 against amounts determined under section 30 as being payable from the Consolidated Fund into the Fund.

(6) The Board is released from any liability to make any payment to, or in respect of, a Master who ceases to be an officer by virtue of this section.

(7) This section does not affect the application of section 16A.

More sections below

Source text: opening excerpt

Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.

1 State Superannuation Act 1988

Version No. 086

State Superannuation Act 1988

No. 50 of 1988

Version incorporating amendments as at
1 March 2026

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 2

3A Declaration of eligible salary sacrifice contributors 21

4 Application of Act 22

Part 3—The non-contributory schemes account 26

16A Non-contributory schemes account 26

Part 4—Part-time officers 29

24 Definitions applying to this Part only 29

25 Service and prospective service of a part-time officer 30

26 Act applies subject to principles and rules for part-time officers 31

Part 5—Original scheme members 32

27 Original scheme members 32

27A Application of Family Law provisions to pensioners 34

Part 6—Revised scheme members 35

Division 1—Contributions 35

28 Contribution rates 35

29 Adjustment of contribution rates 38

Division 2—Benefits 39

31 Pension on retirement through age or disability 39

32 Minimum amount of pension 39

33 Amount of pension on retirement through age 39

34 Pension entitlement on retirement through disability 41

35 Retirement or death after return from leave of absence 43

35A Registration of names of adult children 44

36 Pension to partner, children or adult children on death of revised scheme member 45

37 Pension to partner, children or adult children on death of revised scheme member who is a pensioner 47

38 Re-instatement of pension cancelled on the ground of re‑marriage 51

39 Pensioner may elect to convert whole of or part of pension entitlement to a lump sum payment entitlement 51

40 Partner of a pensioner aged 60 years or over entitled to convert part of pension to a lump sum 53

41 Partner of deceased revised scheme member under age 60 may convert whole of pension to a lump sum 55

43 Payment on death of revised scheme member before retirement 56

44 Retrenchment of revised scheme member 56

Deep Dive

What it does

Current sections

Lump sum payment for each $1.00 of annual pension 172

173

Preliminary

Purpose

Commencement

Definitions

Declaration of eligible salary sacrifice contributors

Application of Act

The non-contributory schemes account

Non-contributory schemes account

Part-time officers

Definitions applying to this Part only

Service and prospective service of a part-time officer

Act applies subject to principles and rules for part-time officers

Original scheme members

Original scheme members

Application of Family Law provisions to pensioners

Adjustment of contribution rates

Benefits

Pension on retirement through age or disability

Minimum amount of pension

Amount of pension on retirement through age

Pension entitlement on retirement through disability

Retirement or death after return from leave of absence

Registration of names of adult children

Pension to partner, children or adult children on death of revised scheme member

Pension to partner, children or adult children on death of revised scheme member who is a pensioner

Re-instatement of pension cancelled on the ground of re‑marriage

Pensioner may elect to convert whole of or part of pension entitlement to a lump sum payment entitlement

Partner of a pensioner aged 60 years or over entitled to convert part of pension to a lump sum

Partner of deceased revised scheme member under age 60 may convert whole of pension to a lump sum

Payment on death of revised scheme member before retirement

Retrenchment of revised scheme member

Rights of statutory officer

Rights on resignation

Provisions applying to deferred pensions

Payments to children and adult children

Election in respect of leave of absence without pay

Benefit on retirement of new scheme member

Benefit on death of new scheme member before retirement

Board to consider nominations of dependants

Board to consider nominations of adult children

Benefit on retirement through disability

Benefit on retirement due to ill-health

Benefit on retrenchment

Benefit on resignation

Intermittent service

Family Law provisions

General provisions

Payment of benefits subject to specified standards

Payment of contributions

Eligible member account

Transfer from revised scheme to new scheme

Exempt officers

Entitlements of section 61B transferee

Officers on secondment or leave of absence

If pensioner re-employed by Crown, pension may be reduced

Entitlement to pension

Commutation of pension not exceeding declared rate

Pension entitlements—Masters of the Supreme Court

Source text: opening excerpt

1 State Superannuation Act 1988

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Recent changes and why

Court challenges and controversies

Gotchas

How to comply