11 Election to change contribution rate—new scheme members 7
12 Payment of contributions 7
13 Additional period of recognised service 7
Schedule 1—Specified classification 11
Schedule 2—Specified classification 12
Schedule 3—Factors to be applied to total contributions without interest as at 30 June 1987 to produce total contributions with interest at that date 14
═════════════
Endnotes 15
1 General information 15
2 Table of Amendments 17
3 Amendments Not in Operation 18
4 Explanatory details 19
Version No.001
State Superannuation Regulations 2018
S.R. No. 80/2018
Version as at
23 June 2018
1 Objective
The objective of these Regulations is to specify certain requirements and conditions for the purposes of the operation of the State Superannuation Act 1988.
2 Authorising provision
These Regulations are made under section 92 of the State Superannuation Act 1988.
3 Commencement
These Regulations come into operation on
23 June 2018.
4 Revocation
The State Superannuation Regulations 2008[1] are revoked.
5 Definitions
(1) In these Regulations—
Board means the Emergency Services Superannuation Board established under section 5 of the Emergency Services Superannuation Act 1986;
child adolescent and family welfare officer means—
(a) an employee of—
(i) the Department of Health and Human Services; or
(ii) the former Office of Corrections who was transferred by Administrative Arrangements Order (No. 8) 1983—
who, prior to 3 July 1998, has been employed in one or more of the classifications specified in Schedule 1, or in a classification deemed by the Board as equivalent; or
(b) an employee of the Department of Health and Human Services who, prior to 3 July 1998, was employed at Baltara Reception Centre in one or more of the classifications specified in Schedule 1, or at a classification deemed by the Board as equivalent;
custodial officer means an employee of Corrections Victoria or the Department of Justice and Regulation who, prior to 3 July 1998, is or has been employed in one or more of the classifications specified in Schedule 2, or a classification deemed by the Board to be equivalent;
fire-fighter means an officer or employee of the Department of Environment, Land, Water and Planning or Parks Victoria who the Board is satisfied can demonstrate a substantial involvement in fire-fighting, either directly or in a support role;
the Act means the State Superannuation Act 1988.
(2) For the purposes of the definition of fire-fighter in subregulation (1), the Board may be satisfied that an officer or employee can demonstrate a substantial involvement in fire-fighting, either directly or in a support role, if the Secretary to the Department of Environment, Land, Water and Planning gives the Board a certificate that the officer or employee has a substantial involvement in fire-fighting, either directly or in a support role.
(3) A certificate issued by the Secretary for the purposes of the definition of fire‑fighter as in force immediately before the commencement of the State Superannuation (Amendment) Regulations 2006 continues to have effect while the person in respect of whom it was issued—
(a) has a substantial involvement in fire‑fighting, either directly or in a support role; and
(b) is an officer or employee of the Department of Environment, Land, Water and Planning or Parks Victoria.
6 Minimum age for retirement
(1) For the purposes of paragraph (b) of the definition of minimum age for retirement in section 3(1) of the Act, the minimum age for retirement is 50 years or the age (not later than 55 years) at which the required years of recognised service (if any) are completed for the following class of members—
(a) a custodial officer who has completed not less than 5 years of recognised service as a custodial officer;
(b) a fire-fighter who has completed not less than 10 years of recognised service as a fire‑fighter;
(c) a police officer other than the Chief Commissioner of Police;
(d) a child adolescent and family welfare officer who has completed not less than 5 years of recognised service in direct care delivery as a child adolescent and family welfare officer.
(2) For the purposes of subregulation (1)(d), recognised service may include the performance of duties deemed by the Board as equivalent at Allambie Reception Centre if that service was performed immediately prior to becoming a child adolescent and family welfare officer.
7 Salary
For the purposes of paragraph (e) of the definition of salary in section 3(1) of the Act, salary includes—
(a) an additional amount of remuneration paid for performing shift work which is—
(i) for custodial officers, 15 per cent of salary as otherwise determined by the Board; or
(ii) for officers other than custodial officers, calculated according to the Schedule of shift allowances approved by the Board and published from time to time in the Government Gazette provided that—
(A) for the purposes of calculating benefits under section 33, 44, 46, 52, 57, 58 or 83A of the Act, the shift work has been performed for not less than 3 years immediately prior to the date at which the benefits become payable or would but for absence when the officer has received weekly payments under the Accident Compensation Act 1985 or absence on approved leave or temporary performance of alternative duties at the request of the employing authority for less than 12 months have been performed for not less than 3 years immediately prior to the date at which the benefits become payable; and
(B) any additional contributions paid in respect of shift allowances by a member who becomes eligible for benefits under section 33, 44, 46, 52, 57, 58 or 83A of the Act, without having completed 3 years of shift work immediately prior to the date at which the benefits become payable, shall be refunded with interest calculated in accordance with regulation 9; and
(b) any commuted allowance that is payable during periods of recreation leave and long service leave.
8 Prescribed superannuation schemes
For the purposes of section 4(1) of the Act, the following superannuation schemes are prescribed—
(a) any superannuation scheme established and maintained by an Act of Victoria or any other State, the Commonwealth, a Territory or the governing body of any authority constituted under any Act of Victoria or any other State, the Commonwealth or a Territory;
(b) the Superannuation Scheme for Australian Universities or its successor fund;
(c) the Tertiary Education Superannuation Scheme or its successor fund.
9 Rates of interest
For the purposes of sections 46(1) and 58(1) of the Act—
(a) the amount of contributions and interest as at 30 June 1987 is calculated using the factors in Schedule 3; and
(b) the additional annual rates of interest to be applied from 1 July 1987 to 30 June 1988 and from 1 July to 30 June in subsequent years is the annual rate of interest published by the Board in the Government Gazette in respect of that year.
10 Conversion of pension to lump sum
Under section 39(3) of the Act, a revised scheme member or pensioner who is or was a custodial officer or a child adolescent and family welfare officer may elect to convert to a lump sum payment not more than the greater of—
(a) 50 per cent of the pensioner's fortnightly pension entitlement; or
(b) the proportion that is equal to 25 per cent of the pensioner's final fortnightly salary—
together with the same proportion of the fortnightly pension entitlement of the partner, provided that the lump sum does not exceed the equivalent entitlement obtained by converting 100 per cent of the fortnightly pension entitlement.
11 Election to change contribution rate—new scheme members
If the Board has fixed a day under section 50(5) of the Act as the day on which a new scheme member may elect to change their rate of contribution, the new scheme member may advise the Board of their election at any time during the period of 3 months before that day.
12 Payment of contributions
(1) Contributions that are deducted from the after-tax salaries of contributors, and other money payable to the Board, must be paid by the employing authority on the appropriate pay day by the direct crediting of those amounts to a bank account nominated by the Board or in any other manner approved by the Board.
(2) Particulars in writing of the contributions and other money comprising the amount of payment must be provided by the employing authority to the Board on the day that the payment is made.
(3) Any variation in the amount of contributions normally paid to the Board on any pay day must be explained in writing to the Board by the employing authority showing the changes that have occurred in the deductions from the contributor's after-tax salaries.
13 Additional period of recognised service
(1) On and from 30 November 1993, for the purposes of paragraph (b) of the definition of recognised service in section 3(1) of the Act, the Board may on application by an officer recognise part or all of a period of continuous employment in accordance with this regulation.
(2) An application can only be made while a person is an officer or by a person who ceased to be an officer between 30 November 1993 and 31 December 1994 and must be in a form determined by the Board and be accompanied by whatever documentary evidence the Board may request.
(3) Subject to subregulation (4), an application may only be made in respect of part or all of the period of prior continuous employment in respect of which the applicant would have satisfied the definition of officer under section 3(1) of the Act as at 30 November 1993 had that definition applied at the relevant time.
(4) The Board must not recognise a period of prior employment which was not continuous and which did not immediately precede the date on which the applicant became an officer or any part of such period during which the applicant—
(a) was or was entitled to become an officer or a member of a superannuation scheme prescribed under regulation 8; or
(b) was employed on a part-time basis but worked less than 40 per cent of normal full‑time working hours; or
(c) was employed on a casual, sessional or fixed‑term contractual basis or as a part‑time statutory appointee; or
(d) was employed under an apprenticeship, cadetship, studentship or similar arrangement except that up to 3 years nursing training with the Aged Community and Mental Health and Disability Services Divisions of the Department of Human Services (or with the former Office of Psychiatric and Intellectual Disability Services) may be recognised provided such a period has not been or cannot be recognised for the purpose of benefits provided by another superannuation scheme prescribed under regulation 8 and that nursing training immediately preceded the date on which the applicant became an officer; or
(e) received or became entitled to receive a gratuity or similar payment in respect of that prior employment period.
(5) The exclusion of part of a period of prior continuous employment under subregulation (4) does not affect recognition of the balance of such an employment period during which the conditions under subregulations (3) and (4) for recognition were met.
(6) If the Board approves an application it must determine—
(a) the amount of benefits applicable to the additional recognised service; and
(b) on the advice of an actuary the amount of contribution to be paid by the officer in respect of that additional recognised service.
(7) The actuary in advising the Board in accordance with subregulation (6) must take into account—
(a) the level of member contributions payable under section 50 or 61C (as in force before it was repealed) of the Act; and
(b) the applicant's salary at the time the applicant's contribution is to be paid.
(8) Except in the case of an applicant who ceased to be an officer prior to 31 December 1994, the applicant's contribution determined under subregulation (6) must be paid before the applicant ceases to be an officer and where at the time of ceasing to be an officer full payment of the applicant's contribution has not been made the Board must reduce the period of additional recognised service in proportion to the unpaid amount.
Schedule 1—Specified classification
Regulation 5
Child Adolescent and Family Welfare Officers Levels 1–4 (including positions previously classified as Youth Officer and Child Care Officer) employed at—
Melbourne Juvenile Justice Centre (formerly known as Turana Youth Training Centre)
Malmsbury Youth Training Centre
Parkville Youth Residential Centre (formerly known as Winlaton Youth Training Centre then became Nunawading Youth Residential Unit)
Langi Kal Kal Youth Training Centre (closed)
Baltara Reception Centre (closed)
Schedule 2—Specified classification
Regulation 5
Governor Grade 3
Governor Grade 2
Governor Grade 1
Principal Prison Officer
Chief Prison Officer
Senior Prison Officer
Prison Officer
Senior Prison Medical Support Officer
Prison Medical Support Officer
Principal Industry Supervisor
Senior Industry Supervisor
Industry Supervisor Grade 2
Industry Supervisor Grade 1
Overseer Grade IV
Overseer Grade III
Overseer Grade II
Overseer Grade I
Supervisor
Operations Manager
Custodial Officer Group
COG 1
COG 2A
COG 2B
COG 3
COG 4
COG 5
COG 5A
Schedule 3—Factors to be applied to total contributions without interest as at 30 June 1987 to produce total contributions with interest at that date
Regulation 9(a)
Date of entry during year ended
Factor
Date of entry during year ended
Factor
Date of entry during year ended
Factor
30.6.87
1·00
30.6.71
1·93
30.6.55
2·22
30.6.86
1·07
30.6.70
1·96
30.6.54
2·23
30.6.85
1·14
30.6.69
1·99
30.6.53
2·23
30.6.84
1·21
30.6.68
2·02
30.6.52
2·24
30.6.83
1·29
30.6.67
2·05
30.6.51
2·24
30.6.82
1·37
30.6.66
2·07
30.6.50
2·24
30.6.81
1·44
30.6.65
2·09
Years ending 30.6.49 and earlier
2·25
30.6.80
1·51
30.6.64
2·11
30.6.79
1·57
30.6.63
2·13
30.6.78
1·62
30.6.62
2·15
30.6.77
1·68
30.6.61
2·16
30.6.76
1·73
30.6.60
2·18
30.6.75
1·78
30.6.59
2·19
30.6.74
1·82
30.6.58
2·20
30.6.73
1·86
30.6.57
2·21
30.6.72
1·90
30.6.56
2·22
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The State Superannuation Regulations 2018, S.R. No. 80/2018 were made on 22 June 2018 by the Governor in Council under section 92 of the State Superannuation Act 1988, No. 50/1988 and came into operation on 23 June 2018: regulation 3.
The State Superannuation Regulations 2018 will sunset 10 years after the day of making on 22 June 2028 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the State Superannuation Regulations 2018 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.